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CAS-22_MCCORD/SANFORD WETLAND ALTERATION PERMITCITY OF CIIANNSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phore: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952 227,1125 Fax: 952.227 1110 Web Site www.ci.chanhassen.mn.us • MEMORANDUM TO: Todd Gerhardt, City Manager • ds -a 3` 3 FROM: Lori Haak, Water Resources Coordinator DATE: September 12, 2005 SUBJ: McCord/Sanford Wetland Alteration Permit — Planning Case No. 05-22 EXECUTIVE SUMMARY Request for a Wetland Alteration Permit to construct a boardwalk across a wetland and place a dock on Lotus Lake on property zoned PUD -R with an area of 1.01 acres, Lot 9, Block 1 Fox Chase. ACTION REQUIRED City Council action requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 2, 2005 to review the proposed wetland alteration permit. The Planning Commission voted 5 to 1 to deny the proposed request. The summary and verbatim minutes are attached. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion denying the wetland alteration permit as found on page 6 of the staff report dated August 2, 2005. k_; 1lul .0 1. Planning Commission Staff Report Dated August 2, 2005. 2. August 2, 2005 Planning Commission Summary & Verbatim Minutes. GAPLAN\2005 Planning Cases\05-22 McCord -Sanford WAPNExecutive Summzry.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. • CITY OF CHANHASSEN STAFF REPORT PC DIV: August 2, 2005 CC DATE: August 22, 2005 REVIEW DEADLINE: August 16; 29099 October 15, 2005 CASE #: 2005-22 BY: LH; DA PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6440 Fox Path (Lot 9, Block 1 Fox Chase) APPLICANT: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 PRESENT ZONING: PUDR — Planned Unit Development Residential 2020 LAND USE PLAN: Residential Low Density ACREAGE: 43,977 square feet (--1 acre) DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: The applicant is requesting a wetland alteration permit for the installation of a boardwalk across a wetland to access a proposed dock on Lotus Lake. The boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet. 0 McCord/Sanford Dock WAP August 2, 2005 Page 2 of 6 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6440 Fox Path across a wetland to provide permanent access to Lotus Lake. A seasonal dock will be extended from the permanent boardwalk at the water's edge to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 6-24. Location Restrictions No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized by this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. Sec. 20404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. McCord/Sanford Dock W9 • August 2, 2005 Page 3 of 6 Sec. 20408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND In April 2005, staff was asked by the applicant if they had riparian rights to install a dock. Staff reviewed the most recent survey of the property on -file (1986) (Attachment 4). The survey indicated that only the south east comer of the property touched Lotus Lake by a single point. However, no elevations of the ordinary high water level (OHW) were indicated on the survey. The applicant was asked by staff to provide a survey with OHW to determine if riparian rights existed on the property. The applicant provided staff with survey dated May 31, 2005 from RLS 43806 (Attachment 5). The survey indicated that the property does extend past the OHW, therefore, the property does have riparian rights. The recorded development contract for the Fox Chase development (Attachment 7) indicates that a perpetual conservation easement shall be granted to the city over the area below the 900 foot elevation on Lots 7 through 19, of Block 1, inclusive. The development contract also states that Lots 16, 17, 18 and 19, Block 1 shall be allowed 1 dock per lot. The dock on Lot 16 may be used by the owners of Lots 10-16, Block 1. The conservation easement was recorded against Lot 9, Block 1 as part of an "Agreement Pursuant to Planned Residential Development Contract '(Attachment 6). Based on the documents on file with the City it appears that an 896 elevation was shown on the plans for the subdivision (Attachment 9). The 896 contour clearly extends onto Lots 8 and 9, Block 1 of Fox Chase; however, docks for these two lots were not discussed during the subdivision process. During the subdivision process, the issue of whether docks would be allowed on Lots 10-19, Block 1 was an object of much discussion. Initially, the plan was to have docks only allowed on Lots 16- 19. Through a series of legal discussions between the City and the developer, it was agreed that Lots 10-16 could share a common dock on Lot 16. From the letters and minutes in the files, it appears a number of residents opposed any docks in this area at the time of subdivision. The major concerns appeared to be preservation of vegetation, fish habitat and aesthetics. ANALYSIS The proposed boardwalk/dock is shown on Attachment 5. There are six major issues regarding the placement of a boardwalk/dock at this location: McCord/Sanford Dock WA • August 2, 2005 Page 4 of 6 Issue #l: Wetland Alteration Permit. According to City Code, installation of boardwalks requires a wetland alteration permit. This is to ensure that any wetland impacts as a result of boardwalk installation have been avoided and minimized to the greatest extent practicable. Resolution: The applicant has applied for a wetland alteration permit. If the permit is not granted, the applicant will not be allowed to install the boardwalk over the wetland. Issue #2: Reasonable Access to lake Lotus According to City Code, docks and other structures cannot obstruct reasonable use and access to other docks or structures (Section 6-24). Resolution: The applicant has submitted a plan for installing the dock that they feel will best allow access to both the applicant and existing docks in the area. The applicant has indicated that they are willing to alter dock placement if necessary to ensure reasonable use and access are maintained. Issue #3: Encroachment into Drainage and Utility Easement A drainage and utility easement is recorded over the rear portion of the subject property. Resolution: The applicant must enter a encroachment agreement to install their dock over within the City drainage and utility easement if the wetland alteration permit is approved. Issue #4: DNR Permits If a boardwalk and/or dock is permitted, all applicable permits from DNR for dredging and/or vegetation alteration must be acquired. The applicant has a proposed plan that may require the removal of vegetation and or dredging to gain access to an existing navigation channel that allows access across to the main part of the lake. DNR is the permitting authority for all grading and or vegetation alteration below the OHW level (896.3). The requested wetland alteration permit, if approved, does not permit dredging of the lake or vegetation removal. Resolution: The applicant must apply for all necessary permits from the DNR prior to removing vegetation or sediment from Lotus Lake. Issue #5: Conservation Easement. As part of the Fox Chase plat, a perpetual conservation easement exists below the elevation of 900 feet over lots 7 through 19, inclusive, of Block 1. The conservation easement restricts the placement and erection of buildings, structures, docks and walkways (except as provided in Section 6.03 of the development contract). The development contract also restricts the alteration of vegetation in any manner or form within the conservation easement (except as provided in Section 6.03). Exceptions in Section 6.03 the development contract allow for one dock to be constructed on Lots 16, 17, 18 and 19 Block 1. The dock at Lot 16 may be used by the owners of Lots 10-16, Block 1. McCord/Sanford Dock W# • August 2, 2005 Page 5 of 6 Resolution: Vacation of this conservation easement (as a whole or in part) would be required to install a dock at 6440 Fox Path. The vacation of the conservation easement to install a dock may allow for additional dock installation in similar situations. Issue #6. Riparian Rights Because the OHW extends onto Lots 8 and 9, Block 1, both lots have riparian rights, that is the property rights arising from owning shoreline. In this case; however, the restrictions set forth in the conservation easement supersede riparian rights of property owners. Resolution: No resolution is necessary for this issue. If a wetland alteration permit is granted for a dock on Lot 9, staff anticipates that Lot 8, Block 1, may apply for a dock in the future. FINDINGS The rear portion of the lot at 6440 Fox Path is encumbered by a perpetual conservation easement in addition to a drainage and utility easement. An encroachment agreement would be necessary to cross a drainage and utility easement with the dock/boardwalk structure. The conservation easement would require partial vacation, at a minimum, to allow for the installation of any structure or vegetation alteration within the conservation easement. From the documentation of the Fox Chase development that staff has reviewed, the intent of the conservation easement was to limit the number of docks crossing the wetland riparian to Lotus Lake. Lots 10-16, Block 1 that are required to share a common dock, have similar lake conditions (i.e., adjacent wetland, very shallow and vegetated) as Lot 9, Block 1. The shared common dock was the mechanism used to give dock access to the Fox Chase lots (10-15) that would have had to cross a large amount of wetland and a very shallow, vegetated area of the lake. Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. ff a boardwalk is permitted, the boardwalk should be installed across the wetland as a permanent structure and a seasonal dock should extend from the boardwalk into Lotus Lake to provide docking for watercraft. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." "Extended lot lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap." The dock should be located outside of the dock setback zone. The current proposed alignment encroaches into the dock setback zone (Attachment 5). If a dock is permitted, the dock alignment should be revised so the dock is located outside of the dock setback zone. Because the applicant's property is protected by a perpetual conservation easement that restricts the installation of any dock and/or removal of vegetation, staff is recommending denial of the wetland alteration permit. McCord/Sanford Dock WV • August 2, 2005 Page 6 of 6 RECOMMENDATION Staff The Planning Commission recommends that the P4mning GenwMss City Council adopt the following motion: "The City Council denies Wetland Alteration Permit #105-22, for a boardwalk across the wetland at 6440 Fox Path, based on the findings of fact in the staff report." Should the Plannring Gemmiss City Council choose to approve Wetland Alteration Permit #05-22, staff recommends that the NaRning Commission City Council adopt the following motion: "The City Council approves Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, with the following conditions: 1. The boardwalk shall be installed across the wetland as a permanent structure and a seasonal dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 3. The conservation easement shall be vacated for the length and width of the proposed dock structure; the remainder of the conservation easement at 6440 Fox Path shall remain intact. 4. The dock shall be located outside of the dock setback zone and shall not obstruct reasonable access to or reasonable use of other docks. 5. The applicant shall obtain all permits required by the DNR for dredging and aquatic vegetation management prior to commencing such work below the ordinary high water level of 896.3, should such permits be found to be necessary." ATTACHMENTS 1. Findings of Fact. 2. Development Application. 3. Affidavit of Mailing and Public Hearing Notice. 4. Survey for 6440 Fox Path, dated September, 11 1986. 5. Survey for 6440 Fox Path with proposed dock, dated May 31, 2005. 6. Agreement Pursuant to Planned Residential Development Contract. 7. Fox Chase Development Contract. 8. Aerial Photo of 6440 Fox Path. 9. Planned Fox Chase Subdivision "Exhibit A". 10. Letter from T. Meier to Chanhassen Planning Commission, dated July 27, 2005 11. E-mail from J. Lyon to L. Haak, dated July 29, 2005 GAPLAM2005 Planning Cases\05-22 McCord -Sanford WANMcCord_Sanford CC.doc 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: The application of Marianne McCord and David Sanford, 6440 Fox Path Planning Case No. 2005-22 On August 2, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marianne McCord and David Sanford for a wetland alteration permit for the placement of a boardwalk across a wetland. The Planning Commission conducted a public hearing on the proposed development 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 PUDR, Planned Unit Development Residential. 2) The property is guided by the Land Use Plan for residential, low density. 3) The legal description of the property is: Lot 9, Block 1, Fox Chase. 4) The subject property is located on Lotus lake. 5) An aglurban wetland is located on the subject property between the primary structure and Lotus Lake. 6) Section 20-405 of the City Code stipulates that access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. 7) Section 20-408 of the City Code requires a wetland alteration permit for the installation of boardwalks. 8) The planning report Planning Case No. 2005-22, dated August 2, 2005, prepared by Lori Haak and Donald Asleson is incorporated herein. 0 ACTION The Planning Commission denies the wetland alteration permit request for a boardwalk across the wetland at 6440 Fox Path. ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005. CHANHASSEN PLANNING I Uli Sacchet, Chairman gAplan\2005 planning cases\05-22 inmord-Sanford wap\mccord_sanford findings of fact.doc PLEASE PRINT 0 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. OS CITY OF CHANHASSEN RECEIVED JUN 17 2005 @WrJuAsseu of eninuur- near kAppilicant Nam an Ad ess• Owner Name a A re � Mar�auk� ed4 fav4e ponl- i` S e4 3 Q Contact: Ay (t as Contact: Q16 2 Rum �e Phone: z/70 - tt f (l Fax: Phone: 14b Fax: Email: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"' +.$50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ o� 0,9 00 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ('.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. Bui�'i6tRiterial samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application 0 0 PROJECT NAME: &+ DO c'k— LOCATION: LEGAL DESCRIPTION: /_1 e vdu COV - TOTAL ACREAGE: WETLANDS PRESENT: 0 YES PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Me -qe. P l e,S S oxi-z) L -a Chi . W mrla This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. o _ Signature of Applicant Date .,,,Signature of Fee 01wer DateSCANNED dMOOMmis0evelopment Review Application.DOC Rev. V05 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 21, 2005, 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 Public Hearing for McCord -Sanford Wetland Alteration Permit — Planning Case No. 05-22 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. 16.den J. E gel dt, 134ily Clerk Subscribed and swom to before me this<.'t, I s+day of J a (sI 2005. - wt.o_� Notary Pu lice "�. KIM I MELWISSEN Notary Public -Minnesota My ConarMsaian EOM Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2, 2005 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 • at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at httoJ/206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaNndustrlal. • 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 spokespersontrepresentative 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 publlc 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 somethina to be included in the report, lease contact the Plannlno Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesda , Au ust 2, 2005 at 7:00 .m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path Location: I 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 • at the Meeting: 1. Staff will give an overview of the proposed project. 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 prolect. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterati Rezonings, 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 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • 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 spolkesperson/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 wlsh to have something to be included in the report, lease contact the Planning Staff person named on the notification. Christmas Lake Lotus lake This map is neither a legally recorded map nor a survey atm is nor intended to be used as me. This mep is a corn ilabon of records, information and data located in various city, county, state and federal offices and outer sources regarding the area shown, and is to be used for reference puryoses only. The City does not wamant that the Geographic Information System (GIS) Data used to prepare this map are error has, and One City does not represent Ma the GIS Dale can be used for navigational, becWng or any ogler purpose requiring exacting measurement of distance or direction or precision in Me depiclion bl geographic features. X more or discrepancies are found please contact 952-227-1107. The preceding declaimer is provided pursuant to kgnnesota Statutes §466.03, Subd. 21 (2000), and the user of this rte, acknoMedges that the City shall not be liable for any damages, and expressly %ewes aH claim, and agrees to defend, indemnify. and hold harmless the City from any and all claims brought by user, its employees or agents, or third parties which ease out of the user access or use of data provided. Chrstmas Lake Lours lake Tuts meg is neuter a legally recorded map nor a survey and is not intended to be used as one. This nap is a cwnpilation of records, information and data located in vaaous city, county, state and tederai Offices and other sources regarding the area shbMl. and is to be used for reference purposes ONy, The City does rot warrant that the Geographic Information System (GIS) Data used to prepare this prep are error fres. and the City does not represent this the GIS Data can be used for ravigatiorhe, tracking Or any other purpose reyuking exacting rreasurerrent of distance or direction or precision in Me depiction of geognaplac features. t more or dscrepacies are fount please contact 952-227-1107. The seceding declaimer is provided pursuant to ktnn rota Statutes §466.03, Subd. 21 (2000), and the user of itis rrep acknovtedges Mat the City shall not to hada for any damages. and expressly waives all claims. and agrees to defend. indemnity, and hold harmless the City from any and all claim brought by User, is employees or agents, or Mind parties which arise out of the users access or use of data provided. 0 NAME1)) «NAME2» nADDU «ADD2» «CITY» (<STATE)) «ZIP» «Next Record)) ((NAM EU «NAME2)) ((ADDU «ADD2)) (CCITY)) ((STATE)) ((ZIP,, 0 0 Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e m Pleasant View Road 0",? �t F 3 Fax 000\ASubject Property ca,�P ineland Coif o� Lotus Lake FQ- Path der r 0 KEVIN A & LEANNE M BENSON JOHN P & DEBRA L BREEDLOVE 620 PLEASANT VIEW RD 860 FOX CT CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & WILLIAM P CUNNINGHAM LINDA M WOOD 865 PLEASANT VIEW RD 6360 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 GEORGE F & JANET M DEAN ROBERT J DORAN 6400 FOX PATH 788 LAKE PT CHANHASSEN MN 55317 CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD ROBERT & RENAE FROEMMING 630 PLEASANT VIEW RD 6411 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 KAYLA A HANUS THOMAS R JR & MELANIE S HARER 820 FOX CT 796 LAKE PT CHANHASSEN MN 55317 CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN JAMES P & NANCY FORD HOOPES 6470 FOX PATH 6511 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 JAMES D HUDSON & JON ALAN KLOSTERMAN & CAROLYN SUERTH MARGARET CODY KLOSTERMAN 6541 FOX PATH 6471 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU CHUNYI LIN & 840 FOX CT YANFANG CHEN CHANHASSEN MN 55317 800 FOX CT CHANHASSEN MN 55317 TODD R MAGILL & KELLY N PIEROPAN MICHAEL L & REBECCA MCMILLEN IERO 660 PLEASANT VIEW RD 880 FOX CT CHANHASSEN MN 55317 CHANHASSEN MN 55317 WILLIAM P JR & ANN K MILLER CHARLES S MORIN & 6561 FOX PATH TANYA M SREPEL CHANHASSEN MN 55317 6401 FOX PATH CHANHASSEN MN 55317 Is REBECCA CLAIR CHUVA 6521 FOX PATH CHANHASSEN MN 55317 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317 GREGG A & DIANE M ELLIOTT 6551 FOX PATH CHANHASSEN MN 55317 CRAIG N HANSEN & CLAUDIA J GIESKE 6430 FOX PATH CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317 JAMES M LYON 890 FOX CT CHANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES W & MARJORIE K NAGEL 6340 FOX PATH CHANHASSEN MN 55317 THOMAS R & ANDREA L NARK 6431 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY J SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 0 0 NEAR MOUNTAIN LAKE ASSN INC CHRISTOPHER S PELLETIER & 610 PLEASANT VIEW RD JAMIE L GRIVICH CHANHASSEN MN 55317 6420 FOX PATH CHANHASSEN MN 55317 RODNEY H PETERSON JR DAVID B SANFORD & 6571 FOX PATH MARIANNE M MCCORD CHANHASSEN MN 55317 6440 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 - \;!j - :§s6. j| },. f�7 Gam, oe=G r4 wqy� m%A 2GM! � & - - . \ �IVJi0, � #G � ..... ® THIS AGREEMENT is made and entered into by and between the City of. Chanhassen, -a Minnesota municipal corporation (the "City"), Zachary Development Corporation, a corporation under the laws of the State of Minnesota ("Zachary") and James M. Zechmann and Susan M. Zechmann, husband and wife (the "Zechmanns"). The property located in the County of Carver, State of Minnesota, legally described as Fox Chase, according to the plat thereof on file or of record in the office of the Carver County Recorder, is subject to the terms and conditions of that certain Planned Residential Development Contract dated July 20, 1983, recorded August 5, 1983 as Document No. 60723'/in Book 67 of Miscellaneous Records, Page 477, hereinafter referred to as the "Developers Agreement". The Developers Agreement provides for the granting of a perpetual conservation easement for environmental protection and wetland conservation over those areas of Lots 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet. In connection with the Conservation Easement (as defined below), the Developers Agreement a_" VL, -vides for (i) the future erection of a dock on Lot 16, Block 1, (which lot is presently owned by the Zechmanns) to serve the owners of Lots 10 through 16, both inclusive, Block 1, Fox Chase and (ii) the granting to the City of a public trail easement. The undersigned owners of the affected lots in the Plat of Fox Chase, in order to comply with the terms and conditions of the Developers Agreement, do hereby grant and convey the following easements: Conservation Easement. The undersigned owners of affected lots in the plat of Fox Chase do hereby grant to the City of Chanhassen a perpetual conservation easement (the "Conservation Easement") for environmental protection and wetland preservation over those areas of Lot 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet (the "Conservation Easement Premises"). The Conservation Easement Premises shall be subject to the development restrictions applicable thereto as set out in Section 6.02 of the Developers Agreement. Dockage Easement. The Zechmanns do hereby grant a Perpetual non-exclusive easement (the "Dock Easement") for Purposes of constructing, maintaining and using a dock for the 6799R - 1 - Of 14 Pam rse�ar- `z�ssy f.GC<s ✓-_-:�: t �4�;:tt�_ =_' benefit of Lots 10 through 16, Block 1 both inclusive, Fox Chase in accordance with Section 6.03 of the Developers Agreement. The Dock Easement shall be subject to the provisions applicable thereto set out in section 6.03 of the Developers Agreement. Public Trail Essemeiit r<*.Zachary, the owner of Lot 20, :E Block i, Fox Chase and'Nat a'©nai,City Bank, Lowell R. and Sharon Frost, and John B. and Sherrie R.: Dewey the owners of Lot 19, Block 1, Fox Chase do hereby grant to the City of Chanhassen a perpetual non—exclusive easement for public trail purposes over the potions of Lots 19 and'20, Block I. Fox Chase as more fully described on attached Exhibit A (the "Public Trail"). Conformance with Developer's Agreement. The City acknowledges and agrees that this Agreement will be deemed to conform to and satisfy all requirements of the Developer's Agreement relative to the creation of the conservation easement, the provision for an easement for dockage purposes, and the easement for public trail purposes described in the Developer's Agreement. Running of Benefits and Burdens. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, successors, tenants and personal representatives of the grantors and grantees and their respective invitees, but may be amended without consent of the owners of any lot or lots not directly affected by the amendment. The consent of the City of Chanhassen to any such amendment shall, however, be required. Construction. The rule of strict construction shall not apply to the grants of easements contained in this instrument. The grants contained herein shall be given a reasonable construction so that the intention of the parties to confer a reasonably usable right of enjoyment on the respective grantees is carried out. Counterparts. This Agreement may be signed in counterparts. In witness to this instrument, thefparties have caused this instrument to be executed as of the 31 day of,/htt"_4 _ , 1987. 6799R - 2 - Page of Pages Eiden Construction, Inc., (Owner of Lot 10, Block 1, Fos Chase) By: ' 7 Its: STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknowytted�before me this /��jday ofrTcn7L/{^, 1987, by and respectively ofEiden (� nstruction, Inc., a Minnesota corporation on behalf of said corporation. NOTAMMKIC—MO"SOTA Notary Public CARVER COUNTY =d' Mr tvmminion-w- 528.93 S THIS INSTRUMENT WAS DRAFTED BY: Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 3 - 6799R Page _yam _ 01 /`/ pages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknoj�ledged before me this ) L rday of di es wt , 1987 by /7F�RRy s(-1 uy the SzUtxa+w of Zachary Development Q Corporation, a -)ra.Kion organized and existing under the laws of the State of Minnesota, o behalf of said corporation. o ry Pu lic LYNNE M, L EHMEYER CUM NOTARY IV X—YMNOTA TM Co eml�lon �M HENNERN 10 67998 4 _ Page _ `is— :r _--z— Pages 11 STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) Ll James M. Zechmaaynnn Susan M. Zechma (Owners of Lot 16, Block 1, Fox Chase) this�dhe f oin i trument was acknowledged before me ay of/UfiaJi 1987 by James M. Zectmac:n and Susan M. Zechmann, husband and wltlJ& 146 ary Public 5 — 6799R page'- oft` - pages NATIONAL CITY BANK OF MINNEAPOLIS, A National Banking Association, Mortgagee of that certain Mortgage dated April 21, 1987 Recorded the /q!� day of No. 1987 as Document (Owner of Lot 9, Bl, Fox Chase) By., - Its: STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore7oing instrument was acknowled ed efore me this ,;6 day of YUU".A✓ 1987 by }obw and the G t and respectively of National City Bank of Minneapolis, a National Banking Association on behalf of said National Banking Associapio¢- Not�liC 7 t (1 � yYvyk/s2cn �� IIALA3 - 6 - 6799R Pape to of 1 Pages • 0 U J. Willia/ns rn. acs LSDawn M. Williams (Owners of Lot 17, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 22nd day of December , 1987 by Bradley J. Williams and Lapawn MM. Williams, husband and wife. nnn /// / l I �WM'�/ rNNINYNlNINJNNNVNv ')iZe e L, e. . IA.iG:..C..L.- f Notar Pu lic jOF- JACCI A. WANNER y jj t NOTARY PUBLIC MINNESOTA WRIGHT COUNTY m/ Commissior Expires Nov. 24, 1992 »" sp"p, 6799R mm Page Of 14 PP -909 James E. Ring Lznda K. Ring Owners of 18, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foreg ing igstrument was acknowledged before me / this d " day of vti6 , 1987 by James E. Ring and Linda K. Ring, husband and wife. jJ U LC . Not Public t ALYCE A. BLOOMBEBONOTARY PUBLIC • MIHNESM DAMOTA COUNTY Commissim Expires Aut 11.1990 — 8 — 6799R / Page �._ f - Pages The City of Chanhassen, a"Minnesota Municipal Corporation, does hereby consent to the foregoing instrument and acknowledges that the same conforms to and satisfies all requirements of the Developers Agreement, as that term is defined in the for goin instrument, relative to the creation of a Conservatio Easement, an easement for a dock, a ea men fc�r a tri S. By I C Its:�j ,►,,/ __ i /'0n.' Q STATE OF MINNESOTA) C,v� %%1wr413— )ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 3ou% day of Ale,nc,,, 4�,. 1987 by Wyw . X. 4,,..,:,LL„ i dog, r .....of the City of Chanhassen, a Minnesota Municipal corpor tion on behalf of said corporation. K`REN J. ENGELHA4DT NOTARY PUBLIC - 11::-^-:SOTA CARVER COV'IfV My carc^kvon aJ'"es 1'-1641 9 - 6799R p �t f rwyes Yohn B. Dewey Sherrie R. Dewey, (Lot 19. Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore 9ging instrument was acknowledged before me this 2'O day of [�c.c.�--1.e2_ , 1987 by John B. Dewey and Sherrie R. Dewey, husband and fiffe. 6799R — 10 — Pape /.0 of _! / Pages 9 Aa STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) 0 The forec}ping instrument was acknowledged before me this 2"b day of Ls- x_ , 1987 by Lowell R. Frost and Sharon Frost, husband and wife. �� n'1 � Not y P 1 c 119= 6799R f}:',,-,'4-211-92 S Pag= --._ W, Pages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fo eg ing instrument was acknowledged before me this i �,g Ba��P. F7tz, Ls& Hapilton 'Fritz (Lot`15, ylock. 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) "The fore g1)oing instrument was acknowledged before me this L�- day of /10filj.� 1 1987 by Barie P. Fritz and rmiss: H-miltnn rxi*e, husband afkd wif . `Xiototy Public v L V11 " /k 41�ov My&/;,/hj,W'4 — 13 — RRM-1 Page !_3 01 14 Pages EXHIBIT A Legal Description of Public Trail A permanent easement for trail purposes over and across the easterly fifteen (15) feet of Lot 20, Block 1, Fox Chase, and the Southerly ten (10) feet of Lot 19, Block 1, Fox Chase, according to the recorded plat thereof, Carves County, Minnesota. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee Jw-lb This Is to certify that this document was filed in this office on the_a2_*ay of'NIA-h._192".D.atlo:3*o'clock �j�. M. and was duly recorded as document no. 93995 CARL W. HANSON JR. �,^Y C ly Ret ", by; • -=;24,A • 02PQ P MI G_G__ - 14 - 6799R CITY OF CHANHASSEN PLAIINED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF FOX CHASE DERRICK LAND COMPANY S GREEMENT, Made and entered into this ZO day of , 1983, by and between DERRICK LAND COMPANY, a Minne- sota 96eporation, (hereinafter referred to as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein- after referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other appl:ic•able state laws, and the Develop(!r in consideration of the mutti;i t vovehant r; herein contained, recite grid agree as follows: SECTION 1. HFQUI•: A boll PLAT AI1I1ItoVAL.. The Developer has asked the City to approve a plat of 'and owned by: 1.01_ Derrick Larid Compaiiy, A Minnesota Corporation, fee owner; 1.02. Wilma C I'humpsorc, Mortgagee. To be known as Fox ch.i:., '...so rete-rred Lo ii, this Agreement as the "Plat".) - ;,ucb lw i i•ci 1 c qy I 1 v described as shown on the attached Exhibit "A" which :.. hi•i i•hv nr.ide- .a pari hr-renf _ SECTION 2.0 RECITALS. 2.01. Fox Chase Preliminary Devglopment Plan and Prelimi- e nary T'lat.. 'FhDeveloper is the fee owner of a tract of laud lying within the City, as more particularly described on Exhibit. "A" attached he•ret.'o and made a part hereof (hereinafter the "Subject. Proprrty" .ir "Plat"). The Developer has heretofore made applrration to Lhc` city under the City Zoning Ordi- nance for the approval of a P -r D!.nuted Residential District enconr- passing all of the subject. propc-rty. SECTION 3. C0NDiTJ0N:, OF PLATAPPROVAL. The City ha:. approved or agreed to approve the plat on condi- tions (1) That the Developer enter inl.o this Development Contract., (2) that the Developer provide ;iii irrevocable letter of credit, or crash escrow (ars >ivi forth in Sections 7.01, 7.02, 7.03 and 8.1;) ("Security"), guaraut.eeirig ine performance of the terms of this Development Contract., and I,;(, quarant,eeing the payment .it all cori- struction c70sts of Ili— imj -,vemenl.. A letter of credit may be sub- mi.tLed .for a one ye.ir peer io(I of time with the provision t -hal. it shall be renewed at Itic end of the eleventh month for any improve- ments yet to be sal.isfarturijy completed and accepted by the City. "I R.7/19/83 Failure to furnish a new letter of credit at least thirty (30) days before the posted letter of credit lapses shall be deemed a condition of default and the City may obtain all monies posted under the exis- ting letter of credit. 3.01. Construction. Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the following Public improvements (hereinafter the "Public Improvements"), in accordance with the Plans and Specifications described in V3.02 below as modified by the Special Conditions set forth in Section 5 hereof: a. Street grading, stablilizing, and bituminous surfacing and wear surface b. Surmountable conc,ete curbs and gutters C. Sanitary sewer m:.ins d. Waterniains e. Storm and surface water drainage and retention ponds f. Street signs g. Underground utility lines . h. Street lighting ,.• i. Grading including berm construction 3.02. Final Plans and Specifications. 'Che Developer shall provide the City with final plans and specifications, including' a final grading plan, prepared by a registered professional engineer, which plans and specifications shall be subject to the final review and written approval of the City Engineer. Substantial changes in said plans and specifications shall be referred by the City Engineer to the City Council for approval. Said plans and specifications are hereby made a part of this agreement. Developer shall not make or permit any changes, variations, omissions or additions to City approved final plans and specifications without the written approval of the City Engineer prior to any such change, variation, omission or addition. 3.03. Standards of Construction. Developer agrees that all of the public improvements shall be constructed and installed in accordance with the aforesaid City approved plans and specifications, and that said improvements shall equal or exceed City standards, and that all of said work shall be subject to the inspection and approval of the City Engineer. 3.04. Materials and Labor. All of the materials to be employed in the making of said public improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. I>& -2- 3.05. Staking, Surveying and Inspection. It is agreed that the Developer, through his engineer, shall provide for all Staking, surveying and resident inspection for the above described improvements in order to ensure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be, notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including reasonable charges of the City for legal, planning, engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the financial security to be furnished to the City by the Developer pursuant to the terms of this agreement. 3.06. Completion Date and Schedule of Work. u• It is agreed by l,he Developer that L.hn corsrl:rucl.lon of Lhu pub lla and prIv,tLt• lugir'nvrenu•nl.e: :;hall r-uuuut urn,- wll.hln two (2) years of the filiny of the final plat at Lhe Carver County Courthouse and that all public improvemenLfz shall lit- completed ocompleted withiA two (2) years of said plat filing. b. The Developer or his engineer,_shall schedule a pre- ccnstruction meeting at a mutually agreeable time and place with all parties concerned including the City staff to review the program for the construction work. Upon completion of sewer and water lines shall be tested in accordance with the testing procedures that are required by the City Engineer. Within thirty (30) days after completign of the improvements, the Developer shall supply the City with a complete set of "As Built" plans. C. Final approval and acceptance of the project shall take the form of a Resolution duly passed by the City Council, on the advice of the City Engineer. Final approval and accep- tance shall be granted upon the City Engineer's satisfaction pursuant to Section 3.08 and shall be conditioned upon the one year guarantee of work and guarantee bond set forth in Section 3.15 hereof. 3.07. Claims for Work. The Developer shall not do any work or furnish any materials not covered by the plans and specifica- tions and special conditions of this agreement, for which reimburse- ment is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or fur- nished by the contractor, without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. .1p9 -3- 3.08. Final Inspection. Upon completion of all the work required by the City Engineer, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contrac- tor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 3.09. City Disclaimer. It is agreed anything to the con- trary herein notwithstanding; that except for its or their negligence or malfeasance, the City of Chanhassen, the City Council and their agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or sub- contractor, material men, laborers or any other, person or, persons whomsoever, for any claim, dtNOJnd, thmia4wt; ilt•Liorks nr catnn v!; of aeLlun of any kind Or characLer• .iris.inq out, ul 01. by re.rt.on of Lhc exec:uLfon of this ayretnnunt or 1.1iu pur•furm.nttic .unl t•umpli,tAon ul the work and the improvements provided herein, and LhaL the Developer shall save .the City harmless front all such claims, demands, damages, actions or causes of actions or the costs disbursements, and expenses of defending the same, specifically including, wiLhouL intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering ser- vices and costs of legal services rendered in connection with defen- ding such claims as may be brought against the City. 3.10. Erosion Controls. Developer,. at its expense, shall provide temporary and permanent dams, earthwork, retention and sedi- mentation basins, and such other practices including seeding of graded areas, as shall be needed in the judgment of the City Engi- neer, the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, and the Department of Natural Resources, to prevent the washing, flooding, sedimentation and erosion of lands and road within and outside the plat during all phases of construction, inclu- ding construction ort individual lots. Additionally, the Developer shall comply with all conditions of the grading and land alteration Permits from the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, the Department of Natural Resources approval and all of the recommendations of the U.S. Soil Conservation Service in its reports to the extent consistent' With the requirements of Other regulatory agencies. The following minimum restoration-require- ments estorationrequire- ments shall be met. The City Engineer shall determine if any other agency requirements are more: explicit or restrictive; and may, at his discretion require that those conditions be met in lieu of any or all of the following. a) All areas disturbed by the excavation and backfilling operation$ shall be reseeded forthwith after the completion of the work in that area. b) Seed shall be rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. c) All seeded areas shall be mulched as neces- sary for seed retention. ` ' -4- 480 0 .. . 9 A plan consolidating all applicable conditions concerning construc- tion grading and drainage shall be submitted to and approved by the City Engineer prior to commencement of any work. 3.11. Street Lighting. The expense of furnishing electrical. energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after fifty percent (50%) of the building lots have been improved by the construction of residences.Lher•eof, whicheveris first to occur. 3.12. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in 113.01 hereof in accordance with the plans arid specifical:i.ons hereunder arid the written approval by Lhe Crl.y if riot previ.onsly derlicaLl•dl in Lho 1 in.11 10.11., D4,v1•Inp.•r :h.11 I I•.IIIv1•y Ill.. 1.11111 .11111 !;.Iid iu11.I..v illdsrLs- 1.0 the CiLy beta of .111 liens .Ind eit' umhrait! /•r .rr111 with w.IT •r.ulLy nl I.i 1. h! pnr::I1.InI Wei 15111 ul :;.III- .n' wir'r.11ILY U.•n.l, able. Should the Developer, Lail to so convey said improvements, the same shall become the property of the City without further riot -i..• or action on the part of either party hereto, ol.her than accepl:aric o by the City. 3.13. Building Permits and Occupancy Permits. a. Prior to completion of the grading And placement of rock stabilizing materials for road construction within the .plat, the City Ruilbing Inspector, with the Approval of the City Engineer, shall be authorized to issue building pernlilc. for residential construction within such plat upon payment of all fees and charges.applicable to the issuance of permits and provisions for adequate site access. b. The occupancy of any structure within said plat for residential purposes shall be prohibited by the City until the streets have been paved with a 12 inch base bituminous surface or CL5 if approved by the City Engineer, municipal sanitary sewer and water lines shall have been installed, tes- ted, inspected -and are available to serve the lot for which a building permit shall have beerl issued. 3.14. One Year Guarantee of Work and Guarantee Bond. All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 113.01. above, which are found by the City to be defective withon one year after, acceptance by the City shall be repaced by Developer at Developer's sole expense.. In accordance with Section 7.02 and not in addition thereto, the within guarantee of work shall be secured to the City by an irre- vocable letter of credit, or a corporate surety bond, at the elec- tion of and in an amount established by the City, furnished by the Develcper to the City. Said letter of credit or surety bond -Vall first be approved by the City Attorney, and shall be in addi on to, and not in lieu of any other remedies which may be available to the City to secure any defects in materials or workmanship. -5- 3.15. Liability Insurance. Developer shall take out and maintain so long as Developer's obligations continue under this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcon- tractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for proper- ty damage shall be not less than $200,000 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to initiating construction. SECTION 4. STATUS OF SPECIAL ASSESSMENTS. 4.01. Developer Acknowl-edcle__ Special UertefiL. The Developer acknowledges that the subject property (J(.rive!.-: hrnorit," aS that Lerm is tlel ined by prv::vnl cal.ce law tinder, Ch.spLer• 429 o1 Minnesota StatuLt!s, from the !:t•wer I i fl. l:L.rl.iun .incl wal.vr• ::apply faciliLies, trunk and lateral saniLary sewer facilities, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improvemeint Projects. The Developer acknowledges that the amount of such special benefit is not tress than the sum of the following amounts: a. Levied Special Assessments: Parcel No. 25-01-000-0037-000, 20.08 Acres inepart of Gov't. Lots 5 and 6, 1 sewer and water lateral assessment levied in 1973 in the amount of $4,119.00, payable over 15 years at 7% interest. 1 sewer and water trunk assessment levied in 1980, in the amount of $1,054.96, payable over LO years at 7% interest. Parcel No. 25-79-500-0001-000, Lot 1, Vineland 1 sewer and water lateral -assessment levied on October 1, 1973 in the`amount of $4,949.00, which has been paid in full. 2 sewer and water lateral and 3 sewer and water trunk assessments levied in 1980, in the amount of $12,419.98, payable over 10 years at 7% interest.. b. Deferred Special Assessments. In addition to the "foregoing levied special assessments, the subject property is further specially Jenefitted by 68 off- -6- 7. ff- ___ 0 lane sewer and water trunk unit valued at $320.00 and valued at $380.00, and each unit shall bear interest at October 1, 1973. LL: units, each sewer trunk each water trunk unit said sewer and water the rate of 7% from 4,02. Spread and Payment of Deferred Special Assessments. All deferred special assessments for said 68 sewer and water trunk units shall be spread and assigned to the 52 specially benefitted lots within the final plat, shall be certified to the Carver County Auditor for collection at the time of the recording of the final plat with the County Recorder, and shall be payable in installments of principal 'and interest over a period of four (4) years after said certification. 4.03' DcWV1013._r Waivc:; 11tthl it I1_tr•inq_incl Ititlht of App( -.1I . The Developer waives its r•Lght, t.o public he,iring under- §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Special Assessments. SECTION 5. SPECIAL CONDITIONS. 5.01. Fox Path Cul -de -Sac. A "T" intersection shall be constructed by Developer at the western terminus of Fox Path, with surmountable curb and gutter, and shall be constructed in accordance with plans and specifications approved by the City Engineer. The westerly extension of Fox Path from said "T" intersection to the westerly boundary of the subject property shall. be platted as a dedicated street but shall not be improved as such until develop- ment on the adjoining property shall require a street connection to Fox Path. 5.02. Pleasant View Road Access Restriction. Unless other- wise determined by the City Council Lots 1 and 2, Block 2 shall not be permitted direct driveway access to Pleasant View Road. Lot 1, Block 1 and Loi. 3, Block 2 may access on Pleasant View Road but the accasses shall be located to maximize site distances. The exact location and design of the accesses shall be approved by the City Engineer. Said restrictions shall be incorporated .<i.thin cove- nants and restrictions whLch shall be applicable to thy final plat of 1.he subject property :.nd which sha-bl be filed with the Carver County Recorder contemporaneously with the filing of said final plat. 5.03. Watermain Loop. Unless otherwise determined by the City Council, the, City watermain serving the subject property shall be "looped" as that term is commonly used by professional engineers, from Lake Point to Fox path along the alignment depicted as "Route C" in the report of the City Engideer, dated August 10, 1981. 5.04. Building Plans Certification. Due to extraordinary slope and soil conditions, building and site plans for all residences within the subject property shall be certified as having been re-. viewed and approved by an architect or civil engineer licensed by (sCY the State of Minnesota. Said building and site plan review and appro- val shall include provisions for slope protection, surface and sub- -7- surface drainage, prevention of siltation, and the preservation of trees and prevention of excessive vegetation removal during con- struction. Building pads and basement floors shall be constructed at an elevation not less ;han two (2) feet above the rr,gional flood elevation in accordance ;•,ith the requirements of applicable City ordinances. The terma and conditions of this Section 5.04 shall be made a part of covenants and restrictions which shall be applic- able to the final plat of the subject property and which shall be filed contemporaneously with the filing of the final plat with the Carver County Recorder. '�.u'. I:nr.�aucnL:; Ih•di�,iL�•d ui� I'I•iL. I'c�•In•Luil ,:,a::enu:nl.:: for• :>urface wul:er• drarinaye, inrlu'di.nq E�oniJin(l and sedimentation b::sins and access Lhereto, shall be dedicaLed on the final plat to the extent permitted by State law. All such easements not so dedicated shall be granted to the City in form approved by the CiLy and acceptable for recording in the Office of the: Carver County Recorder. 5.06, `;t.reets. All streets within the plat shall be dedi- cated with a 5o foot wide right-of-way, and shall have a 28 foot roadway surface with surmountable concrete curb and gutter. All street cul-de-sacs shall have a right-of-way radius of 60 feet, with a roadway surface radios of 40 feet with surmountable concrete curb and gutter. All streets shall be constructed in accordance with City standards approved by the City Engineer. 5,07. Ponding and Sedimentation Basin Maintenance The Developer shall maintain in good operational order all ponding and sedimentation basins during all phases of construction within the subject property. After formal acceptance by the City, said main- tenance shall be the obligation of the City. 5.06. Trail Easement. The Developer shall grant to the Ily a perpetual easement ten (10) feet wide for use as a City trail, ,,lid easement described as follows:__ . A 10.00 foot permanent easement for trail purposes, the center- line of which is described as follows: Commencing at a point a line parallel to and 5.00 feet northerly of the south lines of Lots 19 and 20, Block 1 to a point 5.00 feet or more east of the wetlands area in said Lot. 20; thence in a northwesterly direction 5.00 feet easterly of said wetlands to the north line of said Lot 20; thence continuing northerly to the northwest corner of Lot 22, Block 1; thence northwesterly along the south- westerly boundary lines of Lots 23 and 24 to the easterly righL-' of -way line of Fox Path and there terminating. It is the inten- tion that this easement be located adjacent to but entirely easterly of any wetlands area in Lots 20, 21, 25 or 26 ofa Block _8 IF & 1; and, therefore, if after a survey of the area is completed, the above described easement lies within any wetlands, the Developer shall execute an amended easement agreement with the new description. The form of said easement and exact legal description.shall be ap- proved by the City, and shall be filed before commence-ment of con- struction of any public improvements. When constructed, the portion of the trail easement on the Fox Path right-of-way may be constructed at the City's expense with a bituminous surface and the 10 foot portion of the easement not in the Fox Path right-of-way shall be surfaced with wood chips. All trail easement construction shall. be performed by the City in 'u;rnrthancie WI, LIt rauecIflcaLloua .rpl,r•uvu(l by lite CLLy 1•:ntllnuur. '.'t. 'I't•.�tl I:.c,uuuntl: P.u.lt t:11.11 I,- Crt-tItl.. N" :I'-dtL I)r park charges under Chanhassen OrdinanceNo. 14 tics ,imonded shall be yrant.ud DuveLoper•, iLs succussurs or- usasiyns, lar• Lite grauL ul the perpetual trail easement. 5.10. Park Fees. Prior to the issuance of building per- mits for residential construction with the plat, Developer, its successors or assigns, shall pay to the City the park fee then in force pursuant to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereafter, as said park charge fee may be adjusted by the provisions of Section 5.9 above. 5.11. Street Maintenance During Construction. 'The Developer shall be responsible for all street maintenance until streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said and directing attention to detours. if streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the plat swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of ;aid streets. 'Phe City shall not•be responsible for re -shaping said streets because of snow plowing operations if they are requested. Providing snow plowing service does not constitute final acceptance of said streets by the City. Developer agrees to pay all costs - uf snow removal done by th,3 City prior to acceptance of said streets. 5.12. Street Signs. All street name and traffic signs required within the plat at the time of City acceptance shall be furnished and installed by the City at the sole cost -of the Developer. 5.13. Covenants and Restrictions. Covenants or restric- tions to be placed upon the lots in the subject plat shall be pre- pared by the Developer and shall be approved by the City Attorney prior to recording with the County Recorder. The Covenants and Restrictions shall be approved if they are consistent with the re- quirements of this agreement. The zoning ordinances and regulations of the City shall govern if inconsistent with said covenants and restrictions to the extent actually inconsistent; but if not inonsis-- tent therewith, the standards contained in said covenants and restric- tions shall be considered as requirements in addition to said City ordinances and regulations. The City shall be held harmless in the.event any.disputes occur involving covenants and restrictions. 5.14. Setting of Lot and Block Monuments. Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monument placements shall be verified after construction of improvements has been completed in order to preserve the lot markers for future property owners. SECTION 6. CONSERVATION KASEMI-Wl'. 6.01. En6;cmenll to ba t;ront.ud. Dove- luper xJioI I grant to the Cit/ -a perpetual conservation easement for environmental protec- tion and wetland preservation over those areas of Lots 7 through 19, inclusive, of Block 1 of the plat which lie below the elevation of 900 feet. No credit for park charges under Chanhassen Ordinance No. 14 as amended shall be granted Developer, its -successors or assigns for the grant of said easement:. . 6.02. Conservation Easement Development Restrictions. All of tfollowing a hectivities shall be prohibited within the con- servation easement area, including the wetlands as delinated on Exhibit "A", Chanhassen City Council meeting of April 26, 1982 and on Lotus Lake adjacent to the easement area: a. The placement and erection of buildings. structures, and docks and walkways. (Except as provided in 6.03.) o. The alteration of vegetation in any manner or form. (Except as provided in 6.03.) The excavation or -filling of the easement area. d. The application of fertilizers, whether natural or chemical. " e f 9 h The application of chemicals for the destruction or retardation of vegetation. The deposit of waste or debris. Construction of paths, trails and service roads except as permitted by the City. The application of herbicides, pesticides and insec- ticides. -10- g• Boardwalks may be construcLed to serve as approach walkways to Lotus Lake and/or docks over lands which are inLermittenLly or permanently wet. Paths may be created for dock and boardwalk approaches over dry ground. h• No motorcraft shall be moored or docked overnight at any such docks unless said watercraft is either: (a) currently registered, pursuant to Chapter 361 of Minnesota Statutes, in the name of the owner of the lot served by said dock or in the name of a member of said owner's household. i• Vegetation may not be removed except for a swath exten(lhul uul. :,Ix ((j) It -4A. I r•ottt e,ri'll aillu ut ,1 11414.1% Lu nl>cn .w,tl,•r•. 0.U4. Ft�r•itt .uul Approv.tl ..)I Th,- ul ihf• t cnir,rrw.tl. f uu ear;emetrl. :;hal t Le t,t•cpart-d toy I.hc C i Ly at. I.hc expeu_;e of the Developer, and shall be approved by the City Council prior to submission to the Developer for execution and delivery to the City. 6.05. Inclusion in Covenants and Restrictions. The con- servation easement shall be made a part of the covenants and restric- tions applicable to the plat and shall be incorporated therein by reference, and as an exhibit. forming a part of said covenants and restrictions. I SECTION 7. ENFORCEMENT PROVISIONS. 7.01. Reimbursement of Costs. The Developer shall reimburse the City Tor all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connec- tion with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the Ci'y's itemized notice of costs. IF the bills are not paid on time the City may halt all plat development work until the bills are paid in full. a. The City shall have no obligation to pay such devel- opment costs whether or not the City has approved the work. b• The Developer stall pay the City'.s out-of-pocket expenses previously or subsequently incurred, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, and the preparation of this Development contract. -12- i8 a i• The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, motorized and nonmotorized vehicles (Except as permitted in Section 6.03 of this ordinance). )• Mooring seaplanes, in abutting waters of Lotus Lake (hereinafter "'the lake"). 6.03. Dockage Within Conservation Easement Area. Lots 16, 17, 18, and 19, Block 1 shall be allowed one dock for each lot. a. All docks must conform to City ordinances regulating dock construction. b. Mooring of any watercraft must conform to City or- dinances and regulations. c- • The dock on kol 16 m,ry be used by Lhi� owners of Lots 10-16, Block I. No more than seven (7) boats may -use the dock and the owner- of any lot may nol. have more than one (1) boat use Lhe dock without the written consent of the City Council. Boats may not be docked or moored on the north side of the dock. d. No dock shall exceed six (6) feel. in width nor shalt s.t exceed the greater of the following lengths: (a) fifty (50) feet, or (b) the minimum straight- ' line distance necessary to reach a water depth f four (4) feet. The width (but not the length1of the cross -bar of any "T" or "L" shaped dock hall be included in the computation of length d scribed in the preceding sentence. The cross -ba of any such dock shall not measure in excess o twenty-five (25) feet in length, except on Lot 16{ which,auayc 'l9f•-@5 .,, �__,Cd�9W��3Q-36F1�.�1j�-•t0•--d[3©OINOda1..9-6AY$►?—(�.•]• bve ta--;-+=-..�seF+-®v�r•s i ¢.i Rg-.i.s...secaes sang., tc>--aeo�mnaa r w -eevbw.tc.. ` No dock shall be so located as to: (a) obstruct the navigation of the lake, (b) obstruct reasonable use or access to any other dock, (c) present a poten- tial Safety hazard. No fuel shall be stored upon any such dock. f. No more than five (5) watercraft may be moored over- night at any dock or in front of any lot with the exception of Lot 16, Block 1 where up to seven (7) ` watercraft may be moored overnight. The Developer further agrees to pay all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. C. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney fees, which the City may payor incur in consequence of claims by all third parties including but not limited to other property owners, contractors, subcontractors, and material men. d• The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engin- eering and attorney's'fees. 7.0.2. Security. For P.erformanev by Dew,ulolx.r•. Por the pur -- Post-- of assuring artd_ . quaranteulnq to the (:i1:y that- Lhte inglr•ovenuenl:; to hu by 1,1111 D1tV lelupl•t• run:a.ru1•I 111, 111::1,111,.11 .11111 lurnr:.h1•d .t:t 11,•1 lut•I.11 111 113 UI heroin :;hall ho cor1:31.rut:Lcd, ut:;Lal It and lur•ui.:;h1r11 ❑c1:or•d(nq to the 1'eV11IN of Illi:: 1111r1:1•111enl , .11111 1.11.11 1 I It1•v1.14p111•t• uhall pay all cialms•for work duce attd materials and supplies fur- nished for the performance of Lh.is a�lrocruunL, and LhaL the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the costs of the improve- ments described in Section 3.01 hereof, as estimated by the City Engineer. The cash deposit jr irrevocable letter of credi'. (Section 3) provided for herein shzil be in addition to any perf-�rm:ince bond or other security requireu by the Riley -Purgatory Creek Watershed District as'a condition of the issuance of any permit by said Dis- trict. a• If the Developer does not satisfactorily complete the work this Development Contract requires the City may, -at its option, perform the work. The City shall give the Developer at least 96 hours notice of the City's intention to perform any such work. However, in the event of an emergency as deter- mined by the City, 96 hours notice is not required. This agree- ment is a license for the City to act and it shall not be neces- sary 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 as outlined in 7.03. 7.03. Remedies Upon Default. a• Assessments. In the event Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by Developer of written notice thereof, the City, if it so elects, may cause any of the re- quired improvements to be constructed and installed, or may take action to cure said default, and to the extent that the 13- 189 City's recovery on the §ecurity deposit in 7.03 is deficient, may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement amount of the assessment roll pertaining to any such improvement within four (4) years after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under• tho laws of the State• of Minnerot..e. In I.he• uvunl. of .ne rif1�•rep•n.'V, •r. elele•1•mtur•.1 by I Ili- i Ly n•ity l:uylnuer, Lru IIuLlce ruetuLrumciiL to the Duvuluper sh.ALI be and ip hereby walved in its entirety, .arid the Developer• shall reimburse -the City for• any expense incurred by the City in remedying the conditions creating the emergency. b• Security Deposit. In conjunction with the foregoing, the City may utilize any e:ash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of the improve- ments described in'113.01 above: and (2) the cost of curing any other default by the Developer in its performance of any of the covenants had agreement contained herein; and (3) the cost of reasonable engineering, legal, and administra- tive expense incurred by the City in enforcing and adminis- tering this contract. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within develop- ment contract. SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS. 8.01. Compliance with Laws, Ordinances and Regulations• Permits. In the development of the plat, Developer shall comply with all laws, ordinances and regulations of, and secure valid neces- sary permits from the following authorities: 490 -14- (1) City of Chanhassen (2) State of Minnesota, its agencies, departments and commis- sions (3) Department of Natural Resources (4) Riley -Purgatory Creek Watershed District (5) U.S. Army Corps of Engineers t' 8.02. Proof of Title. Upon 'request, the Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 8.03. Duration of Contract. This contract shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this contract. Upon the written request of Developer and upon the adoption of a resolution by the Chanhassen City Council. finding that the Developer• has fully complied with all of the terms of this contract and finding that Developer has completed performance of all Developer's duties man- dated by this contract, the Chanhassen City Manager shall issue to the Developer on behalf of the City an appropriate certificate of compliance. 8.04. Notices. All notices, certificates and other com- munications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, pos- tage prepaid, with property address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contem- plated by this agreement. Unless otherwise provided by the respec- tive parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager Derrick Land Company 1550'Shelard Tower Minneapolis, MN 55426 8.05. Bindiny Effect. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agree- ment, express or implied, shall give to any person, other than the parties hereto, and their respective successors, and assigns, here- under, any benefit or other legal or equitable right, remedy or claim under this agreement. 49j 8.06. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remain- ing emaining provisions shall not in any way be affected or impaired thereby. 8.07. Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 8.08. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 8.09. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 8.10. Sign Plan. Signs for the purpose of advertising the subject property may t -e erected in accordance;with '_lie City ordinances.! 8.11. breach of any terms of this Agreement by the Developer - shall be grounds for denial of building permits. 8.12. Should an environmental. assessment worksheet, environ- mental impact statement be required by the C-Ity or another govern- mental entity or agency, the Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. 8.13. Before construction of public improvements or any earth work commences, the Developer shall deposit with the City satisfactory security securing the full performance of this Develop- ment Contract. The amount of the security shall be 110% of the estimated cost as set forth in the attached exhibit. Upon the exe- cution of this agreement the City shall sign the final plat and release the same to the Developer. 8.14. rhe Developer shall provide a site erosion control plan satisfactory to the City Engineer for the prevention of damage to adjacent property and t_he control of surface water runoff during the initial construction phases of the project. This plan shall indicate the location of berm and temporary water retention areas which shall be kept in good repair until permanent drainage control is provided. All areas distributed by the excavation and backfilling operations, except for the future paved portion of the streets shall be reseeded as soon as practical after completion of the excavation operation. In the event that, in the City's opinion, the Developer has failed to adequately control erosion, the Developer grants the _16- 19.2 r F ", • � � • ssr` City permission to immediately enter the property and take such measures as it.deems necessary to control erosion. 8.15. The Developer agrees to•plant two two-inch trees on every lot in the P.R.D. that does not already have two trees. One of the trees on each lot may be an evergreen. The other tree shall be one of the following species: Maples (including Norway, Schwedler and Sugar), Linden American, Linden Littleleaf, Green Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or Oak (including pin and White). A planting plan must be submitted to and approved by the City Engineer. IN WITNESS WHEREOF, the parties hereto have caused these pre- sents to be executed on the day and year first above written. C ITY4V IANIIASSEN . By lois r, a By / City Manager STATE OF MINNESOTA) )ss COUNTY OF)N.wV)Mt:u, ) DKI(IO CK LAND COMPA^ // Y I P��L t -- sident 1 SeclAI C-5ey On this ,/ ,_U1 of X26 y E_ 19 _, before me, a not r �y public within and for said County,jersonall appeared �4 ( �D, -Lz c c Gi and C. Eo me pitrsonally known, who being each by me d ly sworn did say that they are respectively the President and Secretary of the Cor- poration named in Lhe foregoing instrument, and that said instrument was signed and sealed in behalf of sdid y9rporation by authority of its Board f Directors and said /�'LP�:flee,.t;� and �.+I acknowledged said instrument to be the'free act an deed of said corporation. =------------ NSMPHANIE GOEMMINNFA'NAW"re.LWe No ar Public X33 1 STATE OF MINNESOTA) )ss COUNTY OF CARVER- ) On this 20 day of J LIL `Y , 196:3 , before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instru- ne:rll. !rt LLI+ ratynlr.rLlt 11c.0 f.j ::.1i11 u111r111-11,.11 !1!•111-.11.i1»1, Ind 1-11.11 11411d Lu:l i.ruaiunL wa. ; :; l ynud and rc.11 cd lit h1•h.11 1 ul :;.1111 unan Lc l 11.11 1n11'In1r.11.ifill by .u11.h1rr•ILy .,I li.:, Cily 1:1.1a111:�.1 .41411 !.1111 '1'1111111.11 L. 11dn1i1Lun and Donald W. Ashwortal .acklr wLcdycl9said insl.runluuL Lu be the free act and dyed of sui.d mun: L4A14L"cor'puraLil 1. NOt�ry Public; n'Y/l'tl: fhNJY. :: lIS iSO:'I ' SuTA 21. ' Y JbbY/� •�YJVi.iti lv'N`/"�NN�P�tiVN4 LALI 1 FROM FILING raw ,-,,,,,,DANT TO MINN. STAT. SECTION 386.77 DRAFTED By; Grannis & Grann(s 403 N.W. Nall. Bank Bldg. 161 North Concord Street South St. Paul. MN 55075 (6101.;5.1661 -16- '191 y 'LAT 0 E__ _� H)I8I; Fox CHASE DWNER AND DEVELOPER: Derrick Land Company 1770 Shelard Tower Minneapolis, MN 55426 Phone: 546-2276 DESCRIPTION: ENGINEER: Westwood Planning &Engineering 7415 Way/ala Bo, levard Minneapolis, MN 5542b Phone: 546-0155 M P/aJ f Fox C/•+se SUPvEYOR: Egan, Field & Nowak, Inc - 7415 Wayzata Boulevard Minneapolis, MN 554"6 Phone: 546-683: All that part of Government Lots 5 and 6 in Section 1, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 1 distant 905 feet South of the North west corner of said Section 1, said point being in the center line of the Excelsior and Eden Prairie Road as now laid out and travelled ( and considering the West line of said Section 1 to be a due Nortn and South line), thence running North 811 degrees 20 minutes East along said center line 170 feet, thence South 3 degrees 3? minutes East 428.3 feet, thence South 45 dryrees 32 minutes East 285 feet, more or less, to the shore line of Long Lake, thence Southerly along said shore line to its intersection with the South line of sal Government Lot 5, thence West along said South line 862.1 feet, more or less, to the Sout west corny; said Government Lot 5, thence North along the Westline of said Government Lot 5 1715.3 feet, more or less, to the point of beginning, subject to public road rights within the right of way of the Excelsior and Eden Prairie Road and subject to an easement for right of way- ovPr that part of the above described tract described as follows: Beginnino at the point of heginning of the above described tract, thence North 89 degrees. 20 minutes East 170 feet, thence South 9 degrees 32 minutes East 33.46 feet, more or less, to a point in the Southerly right of way line of the Excelsior and Eden Prairie Road, said point being the actual point of beginning of the easement to be described, thence continu- ing South 9 degrees 32 minutes East 30 feet, thence Northwesterly to a point in the South- erly rig;it of way line of the Excelsior and Eden Prairie Road distant 30 feel West of the actual point of heg.inning, thence East along said Southerly right of way line 30 feet to the actual point of beginning. ALSO, Lots I and 11, "Vineland". lots- _ r �� DOCUMENT No. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA . COUNTY OF CARVER This is to certify that this docKn1en� v of filed in this office ornl' he o'clockg-M pri[y, 4. A.D. at de and was do V recorded in Book_(n'1 of pageLi--,- by County nec rder by �r� --moi o Q E E Mi `= d � 0TtjS W g N gEp Q Uc$Fq W �_f X 6 LL f E ly J a �a Q G J LdQ CL --moi o Q E E = � 0TtjS i, a �a ox 0 0 os -ate Tom & Judy Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 July 27, 2005 Chanhassen Planning Commission City of Cb2nhassen 690 City Center Drive Chanhassen, Minnesota 55317 CITY OF CHANHASSEN RECEIVED AUG 12005 CHANHASSEN PLANNING, DEPT RE: August 2, 2005 public hearing for Wetland Alteration Permit to construct walkway and dock on property located at 6440 Fox Path. Dear Sir or Madame, As the adjacent owner of 695 Pleasant View Road I would like to object to the proposed Alteration Permit. Having lived for nine years ourselves at 6410 Fox Path, Lot 6, from 1990 to 1999 it was clear in our subdivision plat that only lots 10 thru 19 has any access to Lotus Lake. While lots 2 — 9 had lake views we were not allowed to directly access the lake. Now we live directly east of Lot 9 at 695 Pleasant View Road. If you did grant them an easement to cross the Conservation Easement (which restricts the placement and erection of buildings, structures, docks and walkways), they still cannot: 1. Reach open water in a straight line direction while maintaining the city code dock setback requirements. 2. Other neighbors would be adversely affected. They are going directly across any future access for 6430 Fox Path. 3. Their proposed location is within 8 feet of our dock not 20' as indicated. They do not show our dock correctly on their survey. 4. They cannot reach our channel without dredging the lake due to 2-4 inches of water depth in the entire area where they are proposing their dock. This area is often a dry bed if we do not receive continuous rains. 5. The length of their walkway and dock is estimated to be at least 440 feet long to no open water. To reach open water is an additional 350 feet at a severe angle to their proposed dock, not a straight line as the code is written. 6. Dredging cost a minimum of $50,000 plus a DNR permit which is very hard to acquire. I just went through this cost analysis recently. SCAaaeo 0 7. Our channel maintenance costs, (weed spraying) would have to be shared and we are not interested in any agreements or partnerships. 8. The Conservation Easement supersedes any Riparian Rights. 9. There is a family of deer immediately to the south of their proposed dock which would adversely affect them. The deer have lived there at least since 1989. Many giant snapping turtles additionally live in their proposed path. It is also home to the Egret, Heron, Ducks and many species of birds. It is also a spawning bed in the spring for the pickerel and carp. Since your staff has also recommended the Planning Commission deny the Wetland Alteration Permit, I urge you to do the same. I would also invite you to see first-hand what the situation looks like by inviting you to our property. Feel free to stop by and walk out on our dock. Sincerely, Tom Meier 0 Haak, Lori From: JLyon87671 @aol.com Sent: Friday, July 29, 2005 3:17 PM To: Haak, Lori Subject: Wetland Alteration Permit for Marianne McCord & David Sanford • Page 1 of 1 I am writing in support of the project Marianne and David have planned. I won't be able to attend the Planning Commission's hearing on the proposal because it's being held at the same time as National Night Out, and our neighborhood is having their annual gathering. Frankly, I'm glad to see someone trying to improve our end of Lotus Lake! I can't see any problems being caused by the boardwalk and dock, and their presence can only improve the neighborhood. Regards, Jim Lyon 890 Fox Court Chanhassen 952-470-3593 {CANNED 7/1)9/7(1()5 CHANHASSEN PLANNING REGULAR MEETING SUMMARY MINUTES AUGUST 2, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt Papke, and Mark Undestad MEMBERS ABSENT: Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water Resource Coordinator; Don Asleson, Natural Resources Technician; and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen 7305 Laredo Drive PUBLIC HEARING: REQUEST FOR WETLAND ALTERATION PERMIT TO CONSTRUCT WALKWAY AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH, MARIANNE McCORD & DAVID SANFORD, PLANNING CASE 05-22. Public Present: Name Address Marianne McCord and David Sanford 6440 Fox Path Tom Meier 695 Pleasant View Road Jahn Dyvik 610 Pleasant View Road Lori Haak presented the staff report on this item. Commissioner McDonald asked for clarification on the depth of the lake in this area, dredging of the channel and placement of the dock. Commissioner Larson asked for further clarification on placement of the dock. Commissioner Papke asked staff to explain what responsibility and authority the Planning Commission has in regards to the conservation easement and if there is precedence of the Planning Commission over riding a conservation easement in granting a dock like this. Chairman Sacchet asked why Lot 9 was not included in the community dock and clarification on the city and state regulations for docks. The applicant, David Sanford, 6440 Fox Path provided background information and his wife, Marianne McCord presented more detailed information of their request. Commissioner McDonald asked the applicants to explain what their understanding was when they purchased their home and their definition of open water. Chairman Sacchet opened the public hearing. Tom Meier, 695 Pleasant View Road provided historical background on this neighborhood having lived for 9 years at 6410 Fox Path, which is Lot 6, and now living 0 0 Planning Commission Summary — August 2, 2005 at the property with the dock directly adjacent to where this dock is proposed to go. He showed pictures and reviewed the letter he submitted to the commission stating his opposition to this request. Chairman Sacchet closed the public hearing. After commission discussion the following motion was made. McDonald moved, Papke seconded that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson who opposed, and the motion carried with a vote of 5 to 1. PUBLIC HEARING: REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD -R. SUBDIVISION WITH VARIANCES OF APPROXIMATELY 36.01 ACRES INTO 30 LOTS,1 OUTLOT AND PUBLIC RIGHT-OF-WAY: CONDITIONAL USE PERMIT FOR GRADING IN Public Present: Name Address Kevin Clark Rick Janssen Ed Hasek Town & Country Homes Town & Country Homes Westwood Professional Services Kate Aanenson presented the staff report, noting that staff is recommending tabling of this item. Commissioner Papke asked for clarification of the sight line elevations from the Peterson Bluff neighborhood stating a desire to better understand the transition process. Commissioner McDonald asked to see more clarification on the road system in the area. Chairman Sacchet asked for clarification on grading, retaining walls, housing types, access to the wetland mitigation areas, and tree inventory. Commissioner Papke asked for clarification of the parking plan. Kevin Clark, Director of Land Development for Town and Country Homes introduced his team of Rick Janssen, Vice President of Acquisition and Ed Hasek, Senior Landscape Architect with Westwood Professional Services. He thanked city staff for their assistance and reviewed their proposal. Chairman Sacchet asked for a clearer understanding of why they were choosing to go with only one housing type and clarification of the X's on the tree survey. Chairman Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo Drive asked why the item was noticed with variances when no variances were being requested and clarification of the difference between public street, private streets and private drives. Chairman Sacchet closed the public hearing. The commission directed staff and the developer to address the items listed in the staff report along with the following items: show the location of the trail along Bluff Creek, look at the gathering areas to perhaps include playground equipment, look at an additional housing product, and additional off street parking. 0 0 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 2, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt Papke, and Mark Undestad MEMBERS ABSENT: Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water Resource Coordinator; Don Asleson, Natural Resources Technician; and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen PUBLIC HEARING: REQUEST FOR WETLAND ALTERATION PERMIT TO CONSTRUCT WALKWAY AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH, MARIANNE McCORD & DAVID SANFORD, PLANNING CASE 05-22. Public Present: Name Address Marianne McCord and David Sanford 6440 Fox Path Tom Meier 695 Pleasant View Road Jahn Dyvik 610 Pleasant View Road Lori Haak presented the staff report on this item. Sacchet: Thanks Lori. Questions from staff. Go ahead Jerry. McDonald: I've got a couple questions for you. You may or may not know the answers. At that end of the lake what's the depth of the lake? Haak: Well I can only say with what we've seen and there have been other dock issues in that area. In the channel, that area of the lake, the center of that is about 4 feet deep max. Even out in that area, it is quite shallow and actually we saw the presence of floating bogs or actually sediment that was showing up at the surface in and amongst the aquatic vegetation so it is quite shallow. 0 0 Planning Commission Meeting — August 2, 2005 McDonald: Okay. One of the other things in your report was, you talk about I guess the existing docks. They dredge those channels out. How often is that dredged and who pays for it? Haak: Actually I'm not, I couldn't state for certain that it was. I do know that there would probably need to be some dredging in order to accommodate this dock. But I think in the past they may or may not have been actually dredged. I'm not sure. There may be some people here tonight who can speak to that better. McDonald: And then the other thing you talk about is that, in putting the walkway and then the dock, you talk about the jog that's going to have to be made in order to get, I guess to miss the existing dock there, the far western dock which is pretty much right on the border. Aren't they going to have to go across the property of Lot 10 in order to get out there to make the jogs that you're talking about? Haak: Yes. Actually that is. There's a little bit of a discrepancy. There is a little bit of an uncertainty as to whether or not the applicant has the right to do that. Typically the interpretation that staff makes, and I believe the DNR makes is that you really don't have a lot of property rights below the ordinary high water mark of your property simply because that's where the DNR jurisdiction takes over. And that's something we'd have to check with the attorney about. I haven't actually asked that question but that is a point that would definitely have to be. McDonald: Okay, and then is that the same thing with Lot 8 because at that point if they now have property below the ordinary high water mark and they want to put a dock out, then we end up trying to put 3 docks in that particular area. Haak: Yes, that's correct, and that's one of the concerns. McDonald: And then we go down through and we have to cross over Lot 10, then Lot 10 which is governed by this common dock suddenly wouldn't they have rights to this dock also or at least be able to say I want access to it by? Haak: And I don't know the answer to that question. That's something that we'd have to check with the attorney. McDonald: So we potentially could be opening up a can of worms there as to. Haak: Correct. McDonald: Now, you talk about in the beginning when all this was put together and the intents for Lots 1 through 9 as it was negotiated with the developer before any of this was cut out the developer agreed that Lots 1 through 9, as he put them together, would not have lake access. So all of that was put into the original agreement in order for him to get the development. Haak: Well it wasn't stated that way. Lots 1 through 9 weren't addressed really. Lots 7, 8 and 9 do have the conservation easement because the 900 elevation does cross those three additional properties but the only lots that were addressed specifically were Lots 10 through 19. So it 0 Planning Commission Meeting — August 2, 2005 didn't, it didn't say that they didn't have, you know it didn't explain that they didn't have dock rights but they were left out what appears to be intentionally. McDonald: So Lot 9 wasn't discussed but your position would be that when the conservation easement was put in, that covers Lot 9 as far as... Haak: Oh absolutely. Absolutely. McDonald: Okay. I have no further questions. Sacchet: Okay. Any other questions? Larson: Yeah, I've got one. Sacchet: Go ahead Debbie. Larson: Can you point on your aerial view where the proposed dock would be? I was a little unclear as to where that was supposed to go. Haak: That would be the end of it. Larson: Okay. Would that be this permanent pier, whatever you want to call it, that would be there forever? Haak: Yes. Larson: And then there would be an additional dock added to that. Haak: It would depend on where the, in most cases when we make this recommendation you have the wetland that you're crossing then you need to cross additional open water, so it may be the case that in this instance they would not need to cross additional open water so therefore there would not need to be a seasonal component to it. We just haven't established that yet because we're not exactly sure of where it would need to be aligned. Larson: I see. Okay. Haak: In order to get access to the lake. Larson: Okay. Papke: Two questions. Reading, it almost seems like a legal issue. Could you please explain what the responsibility and authority of the Planning Commission is in regards to the conservation easement. Now that easement is a legally binding document. I mean do we have the authority to over ride that with this wetland alteration permit? Where does our authority come in here exactly? 3 0 9 Planning Commission Meeting — August 2, 2005 Haak: Do you have any, okay. Aanenson: The conservation easement, as Lori indicated, was a condition of the original approval. All you can do is recommend to the City Council who would have the authority to remove that conservation easement. So the City Council would have to be the one, but you would make a recommendation. Papke: Okay. Okay, got it. The other question I have, is there a precedent for the Chanhassen Planning Commission of over riding such a conservation easement for the granting a dock like this? Haak: I'm not aware of any. Papke: So this would be the first time we would ever do something. Haak: Right. Typically when the city vacates conservation easements, it's because there's nothing to conserve any more. We've done it in instances, I know in Longacres as an example where the trees got cut down for some reason or another with the house building or the development or something like that. Papke: But specifically for the granting a dock like this, for the granting of that Haak: Yeah, I'm not aware of any. Aanenson: The other point that I wanted to make is, again as Lori indicated is that there was a lot of history that went into the discussions of how to get those, so there was kind of a compromise. In order to get the dock there was conservation easements ... discussion and we're not, those notes in the file but not to the depth and breadth of really what all those negotiations, discussions were so going forward in time we're trying to go back and kind of re-create what those discussions were. It's our belief there was a strong purpose for putting that in place and that was strictly to limit the boats and the docks on the lake. Sacchet: A couple more questions. Is there any knowledge or wisdom why Lot 9 was not included in the community dock? We don't know anything about that? Haak: No. It was, like I indicated earlier, it just wasn't even brought up. Sacchet: Now obviously looking at the aerial photograph, there is no open water. I mean it's all vegetation so they would have to be, the vegetation would have to be cut to make a water way. Haak: Potentially, and again the applicant, in my conservations with the applicant, the applicant is interested in extending the dock. They do believe, and I think they'll share this in a minute, but that they can get a dock extended into the end. Sacchet: Of the existing water way there? 4 0 9 Planning Commission Meeting — August 2, 2005 Haak: Right. In order to gain access. Sacchet: So it would be minimizing the amount of. Haak: That's correct. Sacchet: Now I don't quite understand why Lot 8 keeps coming up. It seems like that one is quite a bit further removed from actually the water. Haak: In, this is actually a copy of the preliminary plat. This isn't the actual recorded version but it does show documentation that the 896 point, well 896 contour, which is right here, does extend onto Lot 8. And based on the applicant's most recent survey and the surveys of other properties in the area, it also appears that that hasn't changed. That that is consistent, so there would be some shoreland frontage. Sacchet: That little comer would be sufficient to consider that that lot has riparian rights? Haak: Yes, because they can. This crazy little drawing is the illustration of the dock setback zone and how our code reads as far as interpreting dock setbacks. What the code says is you connect two points where the ordinary high water mark meets each property line and you connect those with a straight line, and then you draw at a 90 degree angle a 100 foot line, and then where those overlap on neighboring properties, you split the difference. So, and they have to meet a 10 foot setback from that. Following? It takes a couple times reading through it to get it. And it's probably taken me the 5 years I've worked here to figure that out but, so that's how this, which is called the extended lot line is derived and then the yellow as shown here is the dock setback zone. Sacchet: So the blue is actually Lot 8? Haak: The blue is actually Lot 8, so they would be able to, you know if there was a 10. Could you get me my scale please. The one line I didn't put on here. I think this is 40. So if you look at a 10 foot setback here, there is actually about 10 feet right in the middle there that we would be talking about. Sacchet: But wouldn't it come to a point further south? Haak: All you extend the lot lines are 100 feet though. So that's all they have to meet the setback for. So as long as they meet the setback at that 100 foot mark, it's fine. Which is why this dock, well actually this, why this extends past the green here. And it kind of jogs over is because they don't have to meet the setback. Sacchet: So it has to be 10 foot from the green there at the 100 foot, and then basically it's free for grabs? Haak: Yes. Yep. When I put these together it got a little shifty but I think this shows the idea. • • Planning Commission Meeting — August 2, 2005 Sacchet: That's good information. McDonald: Can I ask a follow up? Sacchet: Go ahead Jerry. Go. McDonald: On that particular one, didn't you say earlier that anything below the ordinary high water mark on the State is considered the lake and no one's really got rights within there. It's the State. Haak: Except that the City has adopted this additional requirement of a setback. McDonald: Okay. Sacchet: Okay, well this is very helpful Lori. Thanks for explaining this. Any other questions? Thank you Lori. With that I'd like to invite the applicants to come forward and tell you your view. Tell us your view of what's going on here. This looks like an interesting. Welcome. If you want to state your name and address for the record. David Sanford: Yes, I'm David Sanford and I live at 6440 Fox Path. I'm going to start off with some, a couple points to Lori's presentation and then just some overview of kind of how this process started so there's some background and my wife's going to get into a little more detail to the specific points. You know first thing I think the absence of nothing written about Lots 8 and 9 does not assume anything. So nothing written does not make a point. There's contradictory remarks on Lots 16. One is it had an independent dock and one is it doesn't. It does not. 17, 18 and 19, 10 through 16 have the shared dock. I just want to clarify a couple points because that went back and forth. And I think that proves that some of the things that were written in that original thing had changed. And Lot 16 was one. But kind of some highlights. First, we bought our house in '98 so well after the development of the project. There was no mention of any conservatory in our closing documents and we refinanced. Checked the title insurance. No mention of this conservatory in any of that. The goal of the conservatory is to protect the environment. We have done probably more than a lot of other folks in the conservatory nature. First, we use state approved and natural fertilizer. We do not use phosphorous based ones. We planted over 20 to 30 trees in different varieties in our yard and into the berm. We've reduced the turf in our yard by over 50% where many folks have extended turf against the conservatory option with no input from anyone out there. We've not used any sealant on our driveway to affect the environment. We don't change our own oil on our property. And my wife's an active participant in master gardeners in the Arboretum. When we first contacted Lori about this, it was actually in the purpose of offering our home to be, how to environmentally lakescape your property. So we're very much into the conservation of our property. And the fust purpose of calling this was not really to build a dock but to understand the rights are of some other docks that were built that were extended well beyond their original area, so it was more into understanding the purpose behind the lakes. We then asked in April, to Lori's point, you know hey, why can everyone build a dock and seem to do whatever they want on the lake and we seem to have a lot of lakefront property. Lori very much encouraged us to pursue this issue. And so we've, you know we looked at that and we saw that a lot of people were changing the docks and G7 0 0 Planning Commission Meeting — August 2, 2005 extensions. We discussed the impact of the environment on this end of the lake and Lori said at that time things were, I think the term we've kind of wrote down, were a bit fuzzy at this end of the lake. So we knew there was some challenges around it. Our original survey, as I think she showed getting to a point, which was an error. We actually have open water. In fact you know in reality I think 26 feet of open water we understand is required. We have about 100 feet of open water on our property. And then Lori strongly encouraged us to get a survey for our lot and actually indicated how beneficial to the city this would be to clear up many issues on this end of the lake, and some of the changes on that were specifically requested by Lori during our survey and then my wife is going to get into a little more detail. Marianne McCord: The map that we used, or that she used. If you could put up this map. Haak: Oh sure. Marianne McCord: It's a little confusing because ... he thought this was all vegetation but it's water vegetation so depending on what time of the year you take the picture, sometimes it will look like open water. Sometimes it doesn't. These right here are actually two lots, and so there's open water for this in combination with the second one is about the same amount that we have open water. One of the other things that has been brought up was this part about 8. Well, there's a open high water mark here and it goes this way but if you would just use the open water that we have on our lot, that's Lot 8. So I'd like to go over ... and I'm going to just address them very briefly. Again my husband talked about lake preservation and we very much want to go ahead and use the dock. It would be a very simple dock. We don't want to, when we first moved there, these two docks right here were just a straight, long dock and that's all we want. We feel that in a way our lot is being asked to do all the preservation at this end of the lake and then other lots don't even have to follow the same things that we have to follow. We are good stewards of the land and we, again my husband spoke about the conservancy. Issue number two is reasonable access, and we are besides 9, we are the only ones who, Lot 9 is the only one that has the open water. Open water. These do too but then somehow in the original lot, or original surveys they went ahead and gave them dock use. If you go around the lake right here, we're the only lot that doesn't have either an access to a dock or a dock. Everybody else does. Encroachment into drainage swale and utilities. If my husband can pass this out. One of the reasons why we went ahead with the dock that we went with was because we talked to Lori and Don and they had initially said these things... and it saves us money anyway so we would be happy to do that. Four is dredging. I actually called Lori because we had 4 bids and during one of my calls somebody had stated that some people at the other end, my end of the lake were thinking about dredging and would I go in with them because it would spread the cost and it would be great, so I called Lori and I said well is this even possible. Can we do that as a conservation effort and you know what were the issues, so when we personally went down there, you can go back down to that part of the lake. We were down there with some friends and they have a boat, depth finder and it is 3 feet so we feel that shouldn't be a problem right now with dredging. Again issue 5. 7 and 8 are part of the conservation effort but again they have no open water on their property. You also brought up something about in our area perhaps has there been a precedent with this. There's been a precedent in our neighborhood. In this big code of how many inches Lori did you say, just hundreds of paper, we have a public trail and for 15 some years nobody did anything about it so all of a sudden we were going to lose that trail and we had 7 0 0 Planning Commission Meeting — August 2, 2005 to go with the city. We went, we planned. There's some people who wanted it. Some people who didn't and they actually altered it from what the original documents were. So it was supposed to be 10 feet with so much easement and they went ahead and switched that. Again sticking with then finally with issue 6. Again the ordinary high water mark can only be an estimate on Lot 8 because they haven't had that before, and this lot right here has changed the ordinary high water mark so you cannot take a point from here to here and know exactly where it is because it's been changed. And our lot actually wouldn't require an easement because if you follow, where's your, you know with all the negatives... If you follow in here, Lot 8, yeah Lot 8, then we too can go off to this area and this then becomes our, kind of a variance so if you're applying that rule over here, you then have to apply it over here and we have no problem cutting that and doing that. So I guess the part that we have a problem with and why I called Lori way back in April, and I had contacted her even 2-3 years ago, was that it didn't seem that things were being fairly applied to my lot, the lot next to me and I just wanted to make sure that (a), I was conserving well by being a good steward of the lake, but also what they got to have, I can have. Sacchet: Thank you. Anything more Dave? David Sanford: One more point. You know as we went through this process, I think the other point that I want to make clear is, we worked closely with staff and had numerous meetings and literally encouraged. As a matter of fact during our survey process staff came out to ask for extra points on the survey that they wanted, which cost us about an extra $500 for our surveyors, and we were very much encouraged that this would be a supported thing, so quite frankly we were dismayed and a little bit surprised by the staff report, based upon the 4 months previous of our actions and working together. Sacchet: Thank you. Any questions from the applicant? No? Okay, thank you very much. Yeah, you have one? Go ahead Jerry. McDonald: When you bought your house was it sold as having lakefront property? Marianne McCord: It said we did. It said that we didn't have a dock. David Sanford: It said that we didn't have access to the shared dock. We knew that and we knew we had lake view. We knew we had water. Marianne McCord: We knew we had water but again if you went back to the original lot on the survey, I don't know where that one is. That one unfortunately showed us, and in fact that was 2 or 3 years ago I contacted Lori and at that time she was giving me that 26 feet, 10 feet on each side and a 6 foot dock and she said, well you know she was looking at it and I was looking at it, We thought it just came to a point when in reality it comes out like this. So we had morethan26 feet of open water and adjacent to a point so again I think the problem was, in the 80's when it was extremely fuzzy, and we were working, until we figured out exactly what our survey is. And I was a little confused with that too because I think the survey is supposed to be legally binding. I mean you're not supposed to switch it. It shouldn't have been just ... it should have shown that we had more. 0 0 Planning Commission Meeting — August 2, 2005 McDonald: Okay, so I'm understanding this about you keep mentioning open water. Where the 64 feet is at on this one where it shows the dock coming down, that would be open water so the boat would actually dock there and you wouldn't have to go out beyond the dock next to it? Marianne McCord: Well what happened here was, again while we were going through the survey and costs, we realized that this next dock was less than 10 feet on what was considered our property line. So we were a little confused about that and again Lori, it was the 100 feet kind of thing like that. So depending on how we come up here, we could probably have done just parallel to that and now that we've heard concerns, we would bring it over to the ordinary high water. Bring it up to within 10 feet of what is considered our property line, and then bring it parallel over so it wouldn't be 64 feet. It'd be much less. McDonald: Okay, and at that point would there be access problems between your dock and the dock next to it? Marianne McCord: No, we would try, well no because that wouldn't be fair but no, we would go ahead and move it back over here. Then move it back up. Here's where this comes in. Again the water actually comes down to about here. That's this ... and then we would just bring it up here and run it parallel. And we only want a very, very simple dock. Larson: Because it really does appear close. Marianne McCord: But these two docks are very close too, so it's been done before. McDonald: Well if you bring your dock across, what impact does that have on Lot 10, which is the one next to you? Marianne McCord: Again we would be out, if you see the line right here... and survey and then if you go back to Lori's, this part, it would have absolutely no impact. So regardless of which way you want to look at it, on that survey or... David Sanford: Lot 10 does ... have access to the shared dock. Marianne McCord: Community dock. David Sanford: But we don't believe that anything we do would cross into their property line... Sacchet: Any other questions of the applicant? No? Thank you very much. Now this is a public hearing so I'd like to open the hearing and invite anybody who would like to comment to this topic to come forward now and let us know what you have to say. If you would please state your name and address for the record please. Tom Meier: Good evening commissioners. I'm Tom Meier and I'm at 695 Fox Path. Or pardon me, Pleasant View. I used to live in Fox Path and I addressed a letter to the Planning Commission this week. We lived for 9 years ourselves at 6410 Fox Path which is Lot 6. From L9 0 0 Planning Commission Meeting — August 2, 2005 1990 to 1999, and it was clear in our subdivision and it's in the by-laws of the subdivision which are attached to Lori's report that only Lots 10 through 19 had access to Lotus lake. While Lots 2 through 9 had lake views, they were not and we were not allowed to directly access the lake. And the reason is, it's a conservation easement which is a lot different than a utility drainage easement. We now live directly east of this property at 695 Pleasant View and I am the dock adjacent to where they're proposing to go. And I had a number of points that I put in my letter. The fust one, to reach open water in a straight line direction, while maintaining the city code dock setback requirements, which is a straight line to open water, and if you stay within the easements of this drawing, they will hit the shoreline. Because this, does this show up? This line, if you allow rights here, he also has the rights and their blue lines where it cross over the orange lines so you split the difference as was indicated. So they would then have to come out this direction. Here's my dock over here. They're proposing to come very close to my dock but you would in effect have to come this direction, but they're crossing Lot 10 and Lot 10, it also has the same riparian rights which changes this line right here. You now have to get this ordinary high water mark to determine the riparian rights of Lot 10. So I believe Lot 10 riparian rights, the high water marks are about here and here, which means their line would look like this so they'd split this difference and they'd have to come in here and in here and somehow still cross this lot. And they are now intruding on the space of Lot 8, so if they've got a direction out of here somehow, because Lot 10 granted it or you did, they would just go onto the shoreline because the city code requires a straight line direction. This area by the way is very shallow. It's 2 to 4 inches of water currently and if we don't get rain it will dry up to a, it will completely dry up. There is no water typically in the area that they're proposing and they want to extend their dock from their house, quite a ways behind their house. There will be 440 feet from their back yard to the end of my dock. And then to get to open water they would have to dredge from their dock around their dock to that channel which I just went through this to get a dredging permit, if you can get one. The DNR will probably will fight you and not grant you one but the minimum cost to get a dredger is $50,000 because it's such a complicated process. This is considered protected environment but it's contaminated soil. You have to remove it. You have to put it in an enclosed environment until it absolutely dries out. They have to mix it with good soil and re- process this and then haul it back to the earth and put it back in. It takes a year to do this and it's a very involved process. There's only one dredger around. That's Minnetonka Dredging. I talked to him about it and it's a very complicated process. But trying to get a DNR permit is almost next to impossible. That channel has been there for many, many years and it's basically dredged out from boat traffic, not from any other kind of dredging so. Our, so your other neighbors are going to be adversely affected by their proposal, plus you're going to set a precedent for the whole subdivision which allows everybody in that subdivision to go back to what you're calling lake frontage. The reason 10 through 16 have a common shared dock is they're all in wetlands and they're all on vegetation. When you get to dock number, or Lot number 17, 18 and 19, they're actually on the lake. They have pretty good lake frontage. But 10 through 16 have all kinds of vegetation and I've got pictures that I want to show you as well. They're proposed extension by the way was within 8 feet of our dock because they failed to draw. There was a proposed drawing. My dock actually comes out to the end of this dock. It's a U shaped dock and then there's a platform, viewing platform that goes 8 foot out to that direction. So the way it was proposed to us, it's too close. The channel is maintained by, with the weeds by myself. It gets complicated trying to get neighbors to share in these costs and I'm quite frankly not interested in partnerships or agreements. Our land is private. It's separate from U Planning Commission Meeting — August 2, 2005 the Fox Chase subdivision. The Fox Chase subdivision when it was established, ended up with this conservation district and that's what is governing this whole discussion. And this conservation easement supercedes, again I want to reiterate, supercedes all riparian rights. There is a family, there's a lot of wildlife down there. There's a family of deer right where this dock is proposing to go through. There are, a lot of people don't know it but there's giant snapping turtles that live in that wetlands and they're absolutely huge and there's all kinds of birds and wildlife that live back there. And as far as the fish, in the spring that's where the pickerel and the carp mate and it's a quite active area. So you'd be going through and destroying a lot of the vegetation and lake, or what little water there is, and affecting the fish. In the spring, this is a view in front of my dock. And it's very shallow. This is high water in the spring after all the rain, but there is mud where they would have to, this is not silt. This is actual mud that they would have to remove, which means they'd have to dredge. This is a little different angle of the same. There's a thing on my dock, so looking to where they want to navigate, and again there's 2 to 4 inches of water where you're looking around that mud. This is what it looks like right now. Coming off the dock. They put a survey stake here next to my dock. And looking at it, it's solid vegetation. There's just a slight amount of open water but that will fill in with vegetation as well. Haak: Just for reference, that stake, if you could remove that last picture Tom real quick. That stake is where the McCord/Sanford property comes to a point. That appears to be where that stake is so. Tom Meier: What that stake represents is lakeshore. Okay? You have 3 different things. You've got lakeshore. You've got a wetland and you have this high water mark. So there's 3 lines and the stake is where the lake actually starts. And the wetlands is back kind of in the middle and then there's the high water mark, so high water mark is simply an elevation above sea level. It's 896.3. These are just more shots at the end of the dock. Trying to show you the vegetation. I took this shot to show the water depth. We can, if you saw the picture up close, you can see into the water and how shallow it is. This is looking back from the end of the dock towards their house. Their house is back here. Again, that's my dock. It's 550 to 600 feet from the end of my dock to their back door. Marianne McCord: From that point it's 466. It's on the survey. Tom Meier: It's where the dock would start and to their house. It's further and then they still aren't in open water and you can't just go out there and tum your docks. The city code says you have to go in a straight line to open water. These are just more shots. I took these shots this morning so they're quite current. Oh here's, there's the shot of the water depth. You can see again if you want to look at this up close you can see the bottom. It's not very silty. It's mucky. So a lot of people think you can just go in with an outboard and open that up but you can't. It's very, very dense. I looked up on the DNR site the definition of a conservation district and, easement I should say. And I'd like to read this paragraph. Conservation easement means a non -possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property. Assuring it's availability for agricultural, forest, recreational or open space use. Protecting natural resources. Maintaining or enhancing air quality, water quality or 11 0 0 Planning Commission Meeting — August 2, 2005 preserving the historical, architectural, archeological or cultural aspects of real property. Now holder means the government body empowered to hold the interest in the real property under the laws of the State, which is the City of Chanhassen and that's stated in the agreement with the developer and the City. So you are the holder, not this commission but the City is the holder of this easement. And it's there for conservation. And in the conservation it states that no dock, structure, building can be crossing through a conservation district. So again that supercedes. There was a question earlier about the judicial actions. Again this is looking at the main part of the code of the DNR and judicial actions is an action affecting the conservation easement may be brought by an owner of an interest in the real property burdened by the easement. A holder of the easement, which is the City. A person having a third party right of enforcement. A person authorized by other law. So it's very narrow who can affect the changes on these kind of districts so being that there are no rights to the lake, being that the conservation easement disallows it and there is drainage and utility easements through the same area, it's, it would adversely affect the laws. And I think that's pretty much what I wanted to present. Any questions? Sacchet: Okay, thank you very much. Anybody else wants to address this item? This is your chance. Seeing nobody, I'm closing this public hearing. Bring it back to commission for discussion and comments. You want to start Kurt? Papke: Sure. I'm adamantly opposed to this application. I think it's bad for the lake. It's bad for the neighbors and it puts the city on a very slippery slope, pun intended, in regards to making precedence with easements. The conservation easement is very black and white. It states it's a perpetual conservation easement. Perpetual. Names Lot 7 through Lot 19 inclusive. Specifically prohibits docks and walkways. Alteration of vegetation in any manner or form. I think this one is about as cut and dry as it gets from my perspective. Sacchet: Okay. Thanks Kurt. Deborah. Zorn: While I feel for the homeowners and they feel like they're the only home without a dock accessing the lake, I would have to say I would side with adhering with the conservation easement as well. Sacchet: Okay. McDonald: Well I believe you could put a dock in there that would not impact on the area. I have seen quite a few areas but the problem I have is the easement that was negotiated. That was part of the original development. It should have been on your title. If it's not, I'm sorry but you know, whenever they do the searches, the easement should come up. That is a restriction on property use that is there. It is law. It follows the property and because of that I could not support it. There is just no way around it and if we start trying to do that, we're opening up a big can of worms. Again this was negotiated several years ago as part of this development. Everyone was on notice. They understood what the conditions were and because of that I couldn't support it. Sacchet: Okay, thanks Jerry. Debbie. 12 0 0 Planning Commission Meeting — August 2, 2005 Larson: Boy. I actually went out and looked at this on my kayak and I looked at the area and it is very shallow. However, in looking at the dock next door I'm seeing that he's quite close to the line as well and he's got a jog in his straight line and so there's an issue here. I guess I wouldn't be terribly opposed to having the dock just because it's not going to make a huge difference compared to what's already there. However, the conservation easement is pretty big and it's very clear cut what it says that you're not supposed to put anything on it. But my main issue is the fact that the developer didn't put it in the original, you know he covered through Lot 10 and it was very clear that he intended possibly to have lake rights or dock rights for those lots and not your's and it wasn't lined, outlined in there that it was to include Lot 9 and it looks like perhaps it was, it was such a small portion at the time that he looked at it. As I say, I'm a little bit, I could go either way but leaning towards perhaps not allowing this to go through as well. Sacchet: Okay, thanks Debbie. Undestad: No comment. Sacchet: No comment? I do want to point out just two things. We heard from one resident speaking against it. We also got written comment from another resident that is supporting the applicant in putting the dock in. And then I further want to point out that this is a recommendation with City Council that ultimately City Council will make the final decision on this. Other than that I don't really have any specific comments. I think it's an unfortunate situation that in the original situation this was not considered, that there is water on that lot. It's also unfortunate that the conservation easement apparently wasn't discovered until quite far into this process because without the conservation easement it'd be clear that the lot has riparian rights, and obviously that came as a not very pleasant surprise for the applicant and all of a sudden there's this conservation easement. But you made it very clear from staff's side that the City Attorney stated distinctly that the conservation easement supercedes the riparian rights and I think that's only the fulcrum of what we have in front of us here. So that's my comments. With that somebody want to venture a motion please? McDonald: I'll make the motion that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. Sacchet: We have a motion. Do we have a second? Papke: Second. McDonald moved, Papke seconded that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson who opposed, and the motion carried with a vote of 5 to 1. Sacchet: So this will go to council on August 22°d and I encourage you to present your case there and see what the situation will be. Thank you very much. 13 CIS of CNANeassEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She wew.ci.chanhassen.mn.us September 14, 2005 Mr. David Sanford and Mrs. Marianne McCord 6440 Fox Path Chanhassen , MN 55317 Re: Wetland Alteration Permit 05-22 Dear Mr. David Sanford and Mrs. Marianne McCord, This letter is to formally notify you that on September 12, 2005, the City Council denied your request for Wetland Alteration Permit 05-22 to allow the installation of a dock at 6440 Fox Path. Please find the enclosed invoice for the amount currently due for application fees. If you have any questions or need additional information, please feel free to contact me at (952)227-1135. Sincerely, Y OF CHA SSEN Lori Haak, Water Resource Coordinator The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Marianne McCord and David Sanford, 6440 Fox Path Planning Case No. 2005-22 On August 2, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marianne McCord and David Sanford for a wetland alteration permit for the placement of a boardwalk across a wetland. The Planning Commission conducted a public hearing on the proposed development 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 PURR, Planned Unit Development Residential. 2) The property is guided by the Land Use Plan for residential, low density. 3) The legal description of the property is: Lot 9, Block 1, Fox Chase. 4) The subject property is located on Lotus Lake. 5) An aglurban wetland is located on the subject property between the primary structure and Lotus Lake. 6) Section 20-405 of the City Code stipulates that access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. 7) Section 20-408 of the City Code requires a wetland alteration permit for the installation of boardwalks. 8) The planning report Planning Case No. 2005-22, dated August 2, 2005, prepared by Lori Haak and Donald Asleson is incorporated herein. ACTION The Planning Commission denies the wetland alteration permit request for a boardwalk across the wetland at 6440 Fox Path. ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005. CHANHASSEN PLANNING COMNUSSION BY: Uli Sacchet, Chairman gAplan\2005 planning cases\05-22 rnmord-sanford wapunccord_sanford findings of factdoc TO: Lori Haak, Water Resources Coordinator FROM: Kim Meuwissen, Planning Secretary DATE: September 13, 2005 SUBJ: McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 Per your request, attached is a copy of the invoice for a property owner's list dated 7/21/05, with a second notice sent on $/24/05. I received a voice mail from Mr. Sanford in late August, presumably after be received the second notice, stating that be didn't ask for the property owner's list and that he wasn't going to pay it. I called him back and left a message stating that by signing the application, he agreed to pay this fee. I have also attached a copy of his application form highlighting the section that addresses this fee. No payment has been received as of the date of this memo. Please let me know if you need additional information. gAplanV005 planning cases`05-22 mcco`d-sanfo,d wap\invoice memo to lori taak.doc City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 cm of (952) 227-1100 CB USER To: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 Ship To: Invoice SALESPERSON 7777 DATE TERMS KTM 7/21/05 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 45 Property Owners List within 500' of 6440 Fox Path (45 labels) S3.00 $135.00 TOTAL DUE $135.00 Make all checks payable to. City of Chanhassen Please write the following code on your check: Planning Case #05-22. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 MUSEN To: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 7/21/05 upon receipt Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05 -22 - If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MY OF (952) 227-1100 To: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 7/21/05 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 45 Property Owners List within 500' of 6440 Fox Path (45 labels) $3.00 $135.00 TOTAL DUE $135.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-22. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! • Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e m a Pleasant View Road O Fax p a� w 3 Fox coal Subject Property fake ineland CopLotus Lakey, oo Fok path r E7 KEVIN A & LEANNE M BENSON JOHN P & DEBRA L BREEDLOVE REBECCA CLAIR CHUVA 620 PLEASANT VIEW RD 860 FOX CT 6521 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & SAMUEL G & LAURIE J CURNOW LINDA M WOOD WILLIAM P CUNNINGHAM TRUSTEES OF TRUST 6360 FOX PATH 865 PLEASANT VIEW RD 650 PLEASANT VIEW RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 GEORGE F & JANET M DEAN ROBERT J DORAN GREGG A & DIANE M ELLIOTT 6400 FOX PATH 788 LAKE PT 6551 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD ROBERT & RENAE FROEMMING CRAIG N HA SENIESK & 630 PLEASANT VIEW RD 6411 FOX PATH CLAUDIA J CHANHASSEN MN 55317 CHANHASSEN MN 55317 6430 FOX PATH CHANHASSEN MN 55317 KAYLA A HANUS THOMAS R JR & MELANIE S HARER MICHAEL & DEBRA HAYDOCK 820 FOX CT 796 LAKE PT 6460 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN JAMES P & NANCY FORD HOOPES THOMAS M & SUSAN J HUBERTY 6470 FOX PATH 6511 FOX PATH 6450 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JAMES D HUDSON & JON ALAN KLOSTERMAN & ROLL CAROLYN SUERTH MARGARET CODY KLOSTERMAN MICHAEL R 6541 FOX PATH 6471 FOX PATH 6410 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU CHUNYI LIN & JAMES M LYON 840 FOX CT YANFANG CHEN 890 FOX CT CHANHASSEN MN 55317 800 FOX CT CHANHASSEN MN 55317 CHANHASSEN MN 55317 TODD R M IERO & MICHAEL L & REBECCA MCMILLEN THOMAS A & JUDY R MEIER KELLY N SANT VIE 880 FOX CT 695 PLEASANT VIEW RD CH PLEASANT VIEW RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 WILLIAM P JR & ANN K MILLER CHARLES S MORIN & CHARLES W & MARJORIE K NAGEL 6561 FOX PATH TANYA M SREPEL 6340 FOX PATH CHANHASSEN MN 55317 6401 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS R & ANDREA L NARK 6431 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY J SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 40 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN MN 55317 RODNEY H PETERSON JR 6571 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 CHRISTOPHER S PELLETIER & JAMIE L GRIVICH 6420 FOX PATH CHANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 City Council Meeting – September 12, 2005 • 6 �a?— d. Resolution#2005-74: Approve Plans & Specifications; Authorize Advertising for Bids for the 2005 MUSA Improvements, Phase I, Project No. 04-05. e. Resolution#2005-75: Approve Consultant Contract for 2006 Street Improvement Project No. 06-01. g. Resolution#2005-76: Resolution Decertifying Gateway Tax Increment Financing (TIF) District #6. h. Approval of Cell Tower Lease Agreement with T -Mobile. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Tom Meier: Good evening Mayor, members. I'm Tom Meier from 695 Pleasant View and I just wanted to reiterate on the McCord issue and David Sanford on the alteration permit. Mayor Furlong: Mr. Meier, if you'd like we can pick up your comments at that time on the agenda if that'd be okay. Tom Meier: That'd be great. Mayor Furlong: Do you mind waiting? That way we can take it in context. Tom Meier: Okay, thank you. Mayor Furlong: Thank you. Is there anybody else who would like to address the council this evening during visitor presentations? Seeing none then, we offer this opportunity at every meeting so people watching at home are welcome to come as well. TROY AND VIRGINIA KAKACEK, 380 WEST 86ra STREET, PLANNING CASE 05- 18: HARD COVER VARIANCE REOUEST FOR A SINGLE FAMILY HOME. Kate Aanenson: Thank you. This item, located on Tigua Lane, just off of 101, appeared before the Planning Commission. There is some length of time inbetween. The applicants had requested additional time to work through some issues and then also the time it appeared before the Planning Commission and City Council based on length of some agendas, but this item did appear before the Planning Commission and they recommended 6-0 denial. That is why it's in front of you tonight. Again subject site, this is a recently created subdivision of an existing large lot. The applicant did appear, apply for a building permit and this was the original survey. I have one that's colored a little bit better but I just want to go through. This was the original survey that was submitted. I do believe you all received a letter from Mr. Martin, the attorney regarding some of the issues in the kind of time date issues. I do believe all of you were emailed that. There's a lot of he said, she said and I'm not going to go into those. I'm just going to present the facts as the staff saw them and how we approached the permit. So it came in and the 2 SCANNED City Council Meeting — September 12, 2005 • Roger Knutson: I'm satisfied they're going to sign it. Mayor Furlong: Very good. There you go. I like the parliamentary order. The motion's been made to table. It's been seconded to give staff and the applicant time to work out some alternatives, given the comments this evening. Councilman Lundquist moved, Councilwoman Tjornhom seconded to table Planning Case #05-18, hard cover variance request for Troy and Virginia Kakacek at 380 West 8e Street in order to give staff and the applicant time to explore alternative solutions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. _MARIANNE MCCORD & DAVID SANFORD, 6440 FOX PATH, PLANNING CASE 05- 22 _WETLAND ALTERATION PERMIT TO CONSTRUCT A WALKWAY AND DOCK. Public Present: Name Address David Sanford Michael P. & Debbie Haydock Mary Hoffman Tom & Sue Huberty Terry Vogt Charles Brown Tom Meier 6440 Fox Path 6460 Fox Path 6470 Fox Path 6450 Fox Path 732 Lake Point 1439 Tennessee, Minneapolis 695 Pleasant View Road Lori Haak: Thank you Mayor Furlong and council members. As the mayor indicated this is an application for the wetland alteration permit at 6440 Fox Path, which is Lot 9, Block 1, Fox Chase Subdivision. The applicant is for the construction of a dock through a wetland area to access Lotus Lake. You can see the subject property on the map. On the north side of the lake is Pleasant View Road. Just off the west side of, or the left side of the paper is Powers Boulevard so just to orient folks. Typically wetland alteration permits that we see here are straight forward. However as is quite common with a planned unit development such as this one, a conservation easement has been recorded on several of these properties. The conservation easement covers all of the land within the subdivision below 900 feet which is shown on one of our other attachments. There's one, sorry. Okay, pull it down. The conservation easement, the 900 foot elevation is shown in green on this survey. And the ordinary high water mark for Lotus Lake which is 896. Actually this is the 896 contour. It's not actually the ordinary high water mark, is shown in blue on that plan sheet there. As I indicated the conservation easement covers all the land below 900 feet and encumbers parts of Lot 7 through 19. And again the subject property is Lot 9, which is indicated in orange. The easement prohibits docks except on Lots 16 through 19 which are on the southern part or the bottom part of the plan. Lot 16 has a dock that's shared by 7 properties. Lots 10 through 16, and that's basically the lots south of the subject property and the next 6 lots. So there's a shared dock that is used by 7 property owners, and then Lots 17, 18, and 19, which are the final 3 lots there, each have their own docks and if we can pull up the aerial photo I believe we can see why. The wetland, actually if you orient it so north is at the 14 SCANNED City Council Meeting — September 12, 2005 • top. Perfect, thank you. There is quite a bit of wetland, riparian to Lotus Lake in that area and as you go south towards the bottom of the screen, that wetland narrows up significantly so the folks in those last 3 lots were able to, actually the last 4 lots were able to put in a dock across very narrow bands of wetland. Even though the ordinary high water mark of Lotus Lake extends onto Lots 8 and 9, which would normally give those two lots riparian rights according to the DNR, staff researched this subdivision which was actually quite contentious, and if you'd like the city attorney can speak a little bit more to that. But the staff found that there were no docking provisions made for those 2 lots. That's again Lots 8 and 9. Because the conservation easement is more restrictive than city code, it prevails. And following a public hearing on August 2°d the Planning Commission recommended denial of the wetland alteration permit with a 5 to 1 vote. As staff has provided the council with an e-mail from Jamie Grivich and Chris Pelletier let's just say. Apologize for the mispronunciation but those, it's something that we had received in the interim between the Planning Commission and now and that does express support for the wetland alteration permit. Staff and the Planning Commission recommends the City Council adopt a motion to deny the wetland alteration permit as found on page 6 of the August 2nd Planning Commission staff report. With that I'd be more than happy to answer any questions you may have. Mayor Furlong: Thank you. Questions for staff. Ms. Haak, the question -here is a wetland alteration permit but with, you mentioned the conservation easement across the property. Isn't that the real question? Lori Haak: It is. Mayor Furlong: I mean the application is for a wetland alteration permit but the question is, are there, right now the conservation easement, if reading the staff report, if I read it correctly, indicates that that easement prevents any structures going through that area. Lori Haak: That's correct. Mayor Furlong: Okay. Alright. Other questions for staff at this time? Okay. Is the applicant here? Good evening. David Sanford: Good evening. I've got some paper I'd like to share with you. Good evening Mayor, council. I'm David Sanford at 6440 Fox Path. I apologize, my wife's not here. She has a family member that's extremely ill and she's out of state taking care of that. Just you know I think some of the confusion that was brought up on the last case and here as well, and I tried to just kind of bullet point a number of facts but we bought the house in 1998. So in our closing documentation we reviewed the title insurance. No mention of any conservatory easement. As you can see in there we paid for, a lot of money for a survey that they did not find this conservation easement. But I think, and Lori would probably agree, we have done a ton to lakescape our house. We've done, planted numerous trees. We don't cover our driveway. We don't change oil. I think it said we don't change oil at all but we do change oil in our cars. It's not on our driveway. We reduced our turf considerably. Put in hundreds and hundreds of bushes and I think anyone in our neighborhood would tell you the impact we've made to the environment. I'm sure Lori has because she's been over to the house. We've been really 15 City Council Meeting — Seppember 12, 2005 • working this and the things I want to hit on is really fair, equitable and reasonable treatment. When you look at conservation, conservation's not one lot. And that seems like we're being penalized. We're one lot that touches the lake. But our first meeting with Lori was really to discuss how do we lakescape our house. How do we make it more valuable. How do we work better in conservation. We were not looking to build a dock. We were asking about what other people rights were. We had people that built huge hulking docks that extended way out. Put on big covers that are eyesores on the lake and we said, is there any issues and what are they allowed to do to that. So we weren't looking to necessarily build a dock. My wife asked a very broad question, can we build a dock and Lori's answer was, well yeah you might be able to. And later very much encouraged us to pursue this issue. She did say that this end of the lake was fuzzy and I think there's been other complaints over the years about some dock usage. Our original survey was a little bit off but I guess in reality we actually have 100 feet, not at high water mark but of open water. We have 100 feet of open water. In fact if you look at this, I think the second, one of the attachments on the third to last page. Every time we get e-mails about what's going on the lake, we're considered a lake front property. I got the most recent one about the no wake that came after the storm, so evidently the city considers me a lake front property. We discussed things like the lotus flowers and that's kind of a, was a joke. It's not a real provision but it was, I think something Lori said, it was kind of an urban myth. You know at the end of this I kind of, and Lori knows that I requested this in e-mail to her so she's very aware that I'm asking really one of two things. Either approve our variance or refund the money because quite frankly I felt we were misled by the city completely. As we went through the process. We spent over $2,000 on a survey. In fact the survey, Lori came out and asked for additional points for the city. I don't know that it benefited and I looked through the application. The high water marks are not required to put on application for a variance. Lori recommended one and came out and asked for additional points which showed Lot 8, next to our's, which again was not a requirement for this process but we were told literally that we had a 99% chance of being able to build our dock during these discussions. Again we worked with the city. We were willing to model this in any way. We want a very simple dock. We're not looking to change the environment very much at all. During this entire process we were delayed a couple times on meetings and we got four different bids from dock companies. We worked with the staff to say where would you like us to start our dock. They said why don't you start at the end of a berm and then later when the staff report came out, that's not a good place to start a dock, and that was kind of frustrating because we asked them. They said push it out, which is great for us. It would actually reduce our cost of our dock considerably if we did push it out. But we're again more than willing to work any way possible to work there. We were asked to delay our meeting for the Planning Commission, and after all this process a week before, and this has taken 3 months, before the meeting is when the conservation easement issue came up. We went out. We went in the water. We checked the water depth with our neighbor's boat. And so to tell you I'm frustrated, that's absolutely true. I'm very frustrated by the process. I guess if we would have been told early on to check for easements or why can't we build a dock, we never would have pursued the issue. We wouldn't have spent over $2,500 to pursue an issue. We weren't looking, our goal was not initially to build a dock. Our goal was to have a proper share of the lake and manage the conservation. Even if you look at the documentation that's shown on the significant on Lot 9 that approved this easement, skipping the signatures and all the other lots. I don't know who it was. We didn't live in the neighborhood but it's unclear. There's no written names. Don't know if it was given at the right time. You know we have 100 feet of open water that 16 0 0 City Council Meeting — September 12, 2005 we're looking at. We're the only lakefront property that doesn't seem to have access to the lake in the whole place. I have attached, I put together a very small petition and I've signed a few neighbors... this weekend and asked them to sign to support us so I've got about I don't know, 15 names or so on a petition. What I'm looking for is the council to do is to support the spirit of conservation, not just the letter of the law but the spirit. Mr. Meier's had an opportunity to speak at the Planning Commission. He spoke eloquently about the deer and the turtles and other things in the conservation. His lot is turf completely down to the water. I saw him out there mowing today before the rain hit, okay. ...so I'm looking for one or two solutions from the City Council and the mayor tonight. Is either approve our variance and how that they're reasonable work and what was happened, or refund our cost because we never planned to do this except with the encouragement, support and quite frankly close working with the staff in this entire process. And we are like I said, extremely frustrated through the entire process but we're willing to work in any way possible with the city if they allow us to do that to build a dock that would maintain the environment and we are looking for an extremely simple dock. We're not looking for any large, huge multiple dock that's U shaped or anything like that and we're more than willing to work in any way possible to support that. And I'll open it up for questions. Thank you. Mayor Furlong: Questions for Mr. Sanford. No? Okay, thank you. Any follow up questions for staff at this time? Councilwoman Tjomhom: Yes, Lori just show me something on the map again. Lots 8 and 9, this is what we're talking about right? Where the applicant is. Lori Haak: Yes, Lot 9. Councilwoman Tjomhom: And 8 has access to the lake? Lori Haak: 8 does not. 8 is the one to the north. So it's this lot right here. Lot 10 through 19 have access. Councilwoman Tjomhom: So it's just those 2 at the end that don't have access. Lori Haak: Correct. David Sanford: Everybody has open water, they have high water mark but they don't have any open water. Councilwoman Tjomhom: So why wouldn't Lot 9 be just included with everybody else that's sharing a dock? Do you know how that happened? How those 2 got excluded. Lori Haak: That's a good question. There is probably 12 to 16 file inches of material on this particular. Councilwoman Tjomhom: You didn't read every one of them Lori? 17 City Council Meeting — September 12, 2005 • Lori Haak: I actually came pretty close because I was curious about that because as I mentioned earlier the OHW does, or the 896 contour which is reasonably close to that 896.3 which is the OHW of Lotus Lake, does extend onto those 2 properties and when I found this document I was very puzzled as to why, if those 2 properties had riparian lots, why would they not have lake access, and nowhere in that 12 to 16, did it mention it at all and the fact that the conservation easement goes over that 900 foot contour, I believe speaks pretty clearly. And this was heavily negotiated and not even the developer at the time said anything in any of the minutes that I read or any of the letters, legal correspondence that went back and forth said anything about requesting dock access for either of those two properties. So Roger may have some additional things that he can say about that. He was actually involved in the process. Roger Knutson: I negotiated the settlement of this and a lawsuit followed... neighborhood association and how the City Council shouldn't approve this and the forefront of the issues were dock rights. How many docks should be out on the lake and that was negotiated. How many docks there could be. Where they could be. Who would have access to them and we negotiated a settlement. They wanted to have ... the neighbors wanted as few docks as possible. The developer wanted to have as many as possible and this is what came up. It's called a compromise. So the conservation easement was ... and it was the rules that were established back then. Councilman Peterson: So the negotiation was between the developer and the city? Roger Knutson: Yeah. Councilman Peterson: Okay. Councilwoman Tjornhom: And so do we have power as a council to change those? Roger Knutson: The conservation easement runs in your favor, but one thing to consider is it affects quite a few properties and if you're going to release it from one property from it, you'd better think about what the other property owners are also restricted in their rights to use the lot the same. Councilman Peterson: To your point, some of those lots are sharing docks and they could each come back and say I want. Councilwoman Tjomhom: I want my own dock, yeah. Roger Knutson: And they all wanted their own dock. Todd Gerhardt: And probably still do. Mayor Furlong: Any other follow up questions for staff? I think that's where we are. Councilman Peterson: Do we have a precedence on, you know it sounds as though there may, if my interpretation, may be, staff you know was working on a good set of assumptions of well 18 0 0 City Council Meeting —September 12, 2005 why not so staff would have been working with the sense saying, yeah let's pursue it and then when we found out more information, you know the costs involved in that, have we ever reimbursed anybody for staff not being aware of something that was already in writing? Todd Gerhardt: Well the conservation easement didn't show up on the survey and should have. You know some cases they do. Some cases they don't but it was in the title work and there's no way staff would have seen. You know we don't have access to people's title to verify that. And again trying to read through a 16 inch file to find out what the thought process was in that is complicated. Have we ever given back money associated with a variance that somebody felt misled? A perfect example was the individual that we had come in out on West 78m Street next to St. Hubert's. Councilman Lundquist: Outside of the porch. Todd Gerhardt: So have we done that in the past? Yes. And you know, the applicant seems to be a great steward of his property and protecting Lotus Lake and he should be commended for that. And Lori I think was working with him through this process and until the information came available that it was obvious that he couldn't have a dock. So apologize for that but short of seeing that, not much we can do.. Roger Knutson: Just briefly comment. One of the things to bear in mind is there's an application process and a review process and you don't always know the results going in. It's when you filed your application that you start doing your due, you're doing all your work and not until afterwards, even though you can look at it on the surface based on what you know, you could maybe you would comment, looks good. But it looks good until you know all the facts in this case. Until the conservation easement comes to light. If you'd known about that up front, the comment might have been different. Todd Gerhardt: Just like the last issue we dealt with, you know it's like an onion as you peel it back you keep finding more and more layers through it and it's, we're here, staffs here to enforce the codes and the ordinances and as much as we'd like to grant docks to everybody, it's not in our power. Mayor Furlong: And we do this, I know that Mr. Meier came up in visitor presentations and I asked him to hold his comments until this time so Mr. Meier, if you'd like to come up and we'll certainly provide the opportunity for other public comment after Mr. Meier's is completed as well. Tom Meier: Thank you Mayor and council members. Staff. As I mentioned I live at 695 Pleasant View. Been there since 1999. Prior to that in 1989 I lived in Lot 6 Fox Path, and I was very familiar with the covenants at that time when I bought and built the house on the lot, about all these easements so I find it unusual that he claimed ignorance. The reason for that easement was, there's no water back there. They pushed the boat dock out on Lot 16 to get it to deeper water, so if you come back to Lot 10, there is 2 inches of water there and that's a normal depth. Maybe a high depth of 4 inches. Now after this recent 6 inch rain, the lake does go up 2 inches for every inch of rain. The lake went up 12 inches and stayed there for 3-4 days and now it is 19 City Council Meeting — Se• ber 12, 2005 • draining back at about an inch a day. It will be right back down to 2 to 4 inches just because of that rainfall, but the norm back there is no water. So they pushed those docks out on Lot 16 to get them onto the water. Also, the environment needed to be protected and that conservation easement protects that part of the lake. There's snapping turtles back there that are in excess of 100 years old and there's a lot of breeding ground for the carp and for the northern pike as well amongst millions of other creatures. So it's highly active. There's family of deer that live down there and this is, his proposal would tear right through the middle of the conservation easement. I'm the guy with the eyesore dock that Mr. Sanford keeps referring to in his report. I put that dock in about 3 years ago and it cost me $15,000. I too have a $5,000 survey that I just recently did for the city so if there's refunds being handed out, I'd like to get in line so, but I don't expect one though. Marianne McCord attended the November le of a Planning Commission and she said, what I would like to see is maybe a community dock that all these houses we have one dock that wouldn't take up all our area that we're using. Referring to my dock taking up all the area. More size and there's grants, state grants for the department and they go ahead and I would like to see it maybe even be an example to the rest of the community how we can develop our lakes and how we can make it accessible to everybody in there. Now I have to apologize for the bad English but that's the transcript of the hearing. They want a community dock as part of their motivation and of course there's no access for the community. That petition that was passed around, I just heard about it. I don't know who.signed it. Don't know what it says, but those people have no, the people that signed that have no access to this lot. So I don't see where their signature has any bearing on a petition. I think you might as well go down to Chaska and get signatures. It's just to me it's meaningless. The big thing that Mr. Sanford doesn't understand is he does not have 100 feet of lakeshore. He has I foot of lakeshore and if he had riparian rights, which are superceded by the conservation easement, he might have access to the lake but he has no riparian rights, and you must have riparian rights to get access. So I don't know if the camera can catch this but we just went through an extensive survey. Mayor Furlong: I think our system's down right now. Maybe you could hold it up. I'm not sure if it's coming over or not. Tom Meier: Okay. Well, it's going to be hard to do from this distance but what you do when you determine the direction of your dock is, you have to determine, there you go. The high water mark on your property. And being that we're at the end of the lake where it turns, it gets pretty complicated. Mayor Furlong: And Mr. Meier, this is your property, not the subject property correct? Tom Meier: Correct. My property's right here—and the Sanford's property is right here. The high water mark runs approximately like this. The green was drawn in because we don't have an actual survey. We're guesstimating but it's going to be close to this green line, and then the Sanford's is running right here. So once you determine the high water mark, which you again have to have riparian rights, you go off a straight line. Straight line. Then you extend at a 90 degree angle. This is the pink here, 100 feet. And then that's the area you get to set your dock if you're on the lake. Well, the problem is Lot 8 does have riparian rights if Lot 9 has it. So you have to go back to Lot 8 and put his angles in which are here, and then you have to compromise between the two lines. This is Sanford line. This is the neighbor's line. You then compromise, 20 0 0 City Council Meeting — September 12, 2005 you split the difference and this becomes the new line. So then the orientation of their dock would not be over here as it shows on the drawing, but it would be over here. From the end of my dock, instead of being, actually they were only 12 feet away instead of the 20 they're showing because of my L out here. That they would have to move over to about 90 feet, and you get over 90 feet, you're back in the wetlands. So if you start putting a dock in, you're going to crash right into the lot, the dock on the last Lot 16. You're not getting to open water. The other thing was, there's no water in this area. Like I said, you can't get a boat in there and I've already checked it out because of the problems I'm having on the other side for the developer's, it's cost, there's only one company in the area and it costs $50,000 to get a dredger to the lake. Even if that's providing you can get a DNR permit and they're going to fight you tooth and nail. Because they don't want dredging. That's extremely disruptive. And there's all kinds of rules too when you go down in the code. 15% of these weeds out here, they're not weeds. They're water lilies and they're protected. These are indigenous to the area. They're quite beautiful. They don't want more than 15% of these weeds removed in any one geographic area so if you put a dock in, and by the way that would dock would head this direction. It'll just crash back into shore because you have to keep a straight line distance. There's just no way so you'd have to get a variance to give them a channel out to here and you're going to have to remove a 20 foot swath out 400-500 feet. This dock by the way, from where they started goes out 440 feet. There's no water. And then you have to dredge and they want to dredge into my channel here, which we share with the one neighbor. So they want to come through here and just dredge and again it's $50,000. The dock alone to reach 450-60 feet is $60.00 at least a lineal foot. They also have to put, one of the requirements was a movable dock. A floating dock. Nota permanent dock so they'd have to remove 140-50 feet of dock every spring and fall. And I brought pictures. This is standing on the end of my dock. When you look back, it is solid water lilies. There is very, very little open water and again that water depth, I've got pictures I'll show you. Here's one where I'm shooting down into the water. It's 2 to 4 inches is all we can get, and I'll just pass this picture around. It's hard to see on the reproduction. Looking out from the other direction, from the front of my dock, again the water lilies are very, very dense and you'd be tearing all this up. Now what I did want to show you was, it's an enormous distance to go back and once you're on the lake, you're entitled to 4 feet of deep water, so theoretically if they had a straight shot out to the lake, they could put a 600 foot dock out there, plus the 440 feet to go back to the house. By the codes. This is in my dock. You can see there's, little depth you have out there. The channel goes immediately left out to my opening. This is where they're proposing, you can see mud there. This is where they're going to be sitting at the end of their docks so they're going to have to dredge the lake. When you dredge you have to haul the dirt out of there. You have to take it to a special dump where they re -process it. It takes about a year and they have to reclaim the soil and give it back to Mother Nature. Very, very expensive process. But, besides from all that, the Conservation District is clear about the conservation easement. It's very clear the definition about what it is. You can't touch it. You can't build anything on it. You can't even do a foot path through it by definition. The City is the holder of the right of the, but their obligation is to propose this conservation easement and nobody has a claim on that easement except the holder, and that's the City so, and I'm sure the City Attorney could help us on some of that. I think that's pretty much it. I hope you'll take the staff and the Planning Commission's recommendation. I'm sure there's some other neighbors here that are most interested in the outcome here so, thank you. 21 City Council Meeting — September 12, 2005 • Mayor Furlong: Thank you Mr. Meier. Any questions for Mr. Meier? At this time. Thank you sir. Tom Meier: Thank you. Mayor Furlong: Is there anybody else that would like to provide public comment? Again we did have the Planning Commission minutes and so if there's additional information you think is important in addition to what's been presented there, we'd certainly be welcome to hear it. Okay, thank you. Mr. Sanford, I guess I do have a follow up question for you, if you'd allow me and that relates to the conservation easement. Goes back to your property, especially with the comments that you made about all the work that you've done. What's the justification for us avoiding that or voiding that for your property? David Sanford: I think it is, you know as Mr. Meier just went through the dock, which is very large, I guess again the animals that go through his yard or the weeds, the lotus flowers that go through his dock area are as important as any other ones. I think it's to be fair. You know and his comment about the riparian rights, our survey clearly shows we have riparian rights and shows 100 feet of open water. We're more than willing to work with the city to put in the type of dock that we're looking for is a very simple dock and we'll work very closely with the staff to make it that way. It would not be anything close to 440 feet. In fact we're looking at starting at a much later point... It's to our benefit to make it shorter. I think if you look at the totality of what we've done in our yard, and what we've built up to there, adding a dock from when we first bought our home and what we've done, we would add to the conservation easement versus other folks that have turf and done other things to a yard that has reduced the wetland. So the net net is we're trying to add versus reducing again, we felt I think... thoughts. And one final, the neighbor issue... Mayor Furlong: Alright, thank you. Thank you. Any follow up questions at this point? Councilwoman Tjornhom. Councilwoman Tjomhom: Question for Lori Mr. Mayor. My comments about if this is allowed tonight then Lot 8 would also have the right to have a dock, is that right? Lori Haak: It appears that way. Councilwoman Tjornhom: So then where does that leave us, or where does that leave Lot 9? If we use his lines, like he drew. Lori Haak: Sorry this is the diagram I put together as I was trying to make sense of this issue and you'll see it looks like as a whole. Again as Mr. Meier indicated, we don't have an ordinary high water mark actually surveyed on that, in the Lot 8 property. We don't really know where that is. So it's difficult to say. What I can say is that again this line that comes out at a 90 degree angle from the assumed ordinary high water mark and Mr. Meier's 90 degree angle do not overlap, so there would not be the same situation here. Or as it appears now it doesn't overlap. So there wouldn't be this shared lot line that basically splits the difference, so basically the yellow area is the setback. There's actually a setback from that shared lot line, which is 10 feet. 22 0 0 City Council Meeting — September 12, 2005 So in the code that's called the extended lot line, just in case you look it up later for fun. So it looks to me that, and I don't recommend that because this definition will make your head hurt but there, this distance is maybe, I don't have a scale but maybe 15 feet that you'd have to maybe sandwich a dock in there, and again staff s concern with this, and actually I'll back up just a little bit. Staff did take a look at what the Sanford -McCord dock could look like and basically they would just have to meet that setback of the 100 foot extended lot line. So they could angle a dock out like this and run it parallel to Mr. Meier's dock, technically. However, looking at the aerial photo and having been out in this area in a boat, just as suggestive evidence, it's just very difficult to find a way to get out of that, to work out. So adding one dock would be difficult. Adding 2 docks would be very difficult, if not impossible. And again there are the ecological ramifications of what happens on these lots that have shared docks. Mayor Furlong: Thank you. Any other questions at this time for staff? No. If not, why don't we bring it to council for discussion then. Gather people's thoughts. Councilman Lundquist: I took the last one. Mayor Furlong: Councilman Peterson. Councilman Peterson: I think that this council, well not this council but councils before us have been down this path and negotiated in good faith to support what was then a contentious issue. We're asking to re -open that for what is just a simple, reasonable request to open it. But it certainly isn't compelling. There isn't a compelling reason to re -open those discussions which is essentially what we've been asked to do, and I can just see it having a compounding, cascading effect of, you know if I was a person on the lots farther down that are sharing one, I'd be knocking on staffs door. Why not? So painting that picture I certainly understand staff's position and to allowing myself to support that based upon the facts I heard tonight. Mayor Furlong: Thank you. Councilwoman Tjornhom, thoughts. Councilwoman Tjomhom: ...Councilman Lundquist I'm learning more and more that we have to respect, learn what's happened in the past and this was a heavily contested development obviously years ago and negotiation was worked out and there was a deal struck and I think we have to respect that conservation easement. And I also think I'm going to take the City Attorney's advice and I know, I'm not going to open Pandora's Box and have 20 people here 2 months from now saying we want our dock. I just, I think it's important that we respect... set in motion. Mayor Furlong: Okay, thank you. Councilman Lundquist. Councilman Lundquist: I would agree with the previous comments. Mayor Furlong: Thank you. My thoughts on this and challenging issues with regard to lake rights, dock rights and this has been an issue before and it will probably be an issue in the future. I guess what swayed me, and with regard to whether or not the property you know which is included in the conservation easement yet was not part of that shared dock component which the 23 City Council Meeting — September 12, 2005 0 neighbor right next to it on Lot 10 was, is that the owner of what's identified here as the owner of Lot 9 on the time that that agreement was entered into, signed the agreement. And so whatever property rights that owner of Lot 9 before the current owners had it, felt they had or didn't have, they were in agreement with regard to not being included in the shared dock and having the conservation easement over their property. All I can assume is that they fairly understood what they were signing and that they were represented in terms of what they were agreeing to. So for that reason as well I feel comfortable saying that at the time this conservation easement was put in place, the owners of this property knew what that meant and were in agreement with it. And so for that, that gives me a little more comfort here saying that while it was a negotiated agreement at the time, and I agree with Councilman Peterson, you know I didn't hear any motivation to re -open it. Or that the conservation easement didn't need to be there still. In fact I heard information that suggested that it should continue to be there so for that reason and for reasons that the owner at the time the easement was put in place agreed to those easements, I am not compelled to change it at this time as well so. Any other thoughts or comments? If not, is there a motion? Find what page that starts on if somebody has it in their packet. Roger Knutson: Mayor? Mayor Furlong: Yes, Mr. Knutson. Roger Knutson: If I'm just premature but if you're going to go along with the Planning Commission's recommendation, I suggest you adopt the findings as part of your motion, adopt the findings of the Planning Commission as the findings of the council and add one more finding just to make it clear. Item 9. Approval of the permit is prohibited by the conservation easement granted to the city. That'd be finding number 9 if that's the direction we're going. Mayor Furlong: I'm sorry, could you repeat that? Roger Knutson: Approval of the permit is prohibited by the conservation easement granted to the City. Mayor Furlong: Thank you. I think the motion begins on page 6 of the staff report. Councilman Peterson: Mr. Mayor I'd offer the City Council adopt the following motion which would deny the Wetland Alteration Permit #05-22 for a boardwalk across the wetland at 6440 Fox Path based upon the findings of fact in the staff report with the addition of number 9 which was articulated a few minutes earlier. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Hearing none we'll proceed with the vote. 24 0 0 City Council Meeting — September 12, 2005 Councilman Peterson moved, Councilman Lundquist seconded that the City Council denies Wetland Alteration Permit #05-22 for a boardwalk across the wetland at 6440 Fox Path based upon the findings of fact in the staff report, amended to include item 9. Approval of the permit is prohibited by the conservation easement granted to the City. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (The City Council took a short recess at this point.) Greg Sticha: Mayor, members of council. I have passed out a revised resolution and a copy of the proposed 2006 budget revenue, summary revenue and expenditure sheet. A couple of the numbers, or a number on that sheet ties to the actual resolution. The revised resolution and I just wanted to have you see where the numbers were flowing from. In particular item number 1, which talks about the total revenue expenditure for the general fund of $8.6 million. Moving forward onto the memo and discussion of the, approval of the preliminary levy, August 22hhd we came to you in a work session to discuss the proposed 2006 budget and staff has prepared a, what we considered a very reasonable budget for 2006_ During that discussion council directed staff to come up with a proposal that had an effect on existing taxpayers of a 0% increase in their property tax bill. In order to do that we would have to use $285,000 in reserves to basically buy down the levy to get a 0% increase to those property owners. The total levy, if we were to use the $285,000 in reserves, would be $9,354,890 which would need to be levied to Carver County on the 15th. That amount is actually less than the amount we levied last year if we were to use those reserves. In addition in the report we have provided two spread sheets which we have gotten some additional information on. The bond tax levy spread sheet, which shows the tax levies for our bond payments for the years 2005 through 2025 was revised to include two facilities, or two bond payments. One which was previously in the old spread sheet. One for a public works facility which is currently proposed in the CIP. That has not been, has not come to you yet but will later this fall. Although public works facility improvement of $3 million and a fire station in 2010 of $4.5 million which includes a $3.5 million facility and $1 million dollars in equipment for that facility. The bond payments would then be as noted in 2009 through 2025 for $250,000 for the public works improvement and $370,000 for the fire station. To the right you will notice staff goals, and I think council's goal is to attempt to keep the actual levy flat over the next number of years at $1,938,000 in levy for bond payments from now through 2025. In order to do that in years 2006 through 2009 we would have to use reserves noted 285 for the upcoming year and then 274 in 2007, 269 in 2008 and 560,000 in 2009. At that point in 2010, due to the elimination of some other bond payments there becomes some potential excess levy dollars available. That leads us to the next spread sheet which is the revolving assessment fund spread sheet, which our street construction project that Paul has put together for the next number of years. You'll notice. Todd Gerhardt: If the council could go to the council packet item, is where Greg's reading from. And it's right now we're on the page of the revolving assessment fund. It looks like that. Your numbers are on a spread sheet. 41 TO: Lori Haak, Water Resources Coordinator FROM: Kim Meuwissen, Planning Secretary CITY OF DATE: September 13, 2005 d1H1111H OL11 SUBJ: McCord/Sanford Wetland Alteration Permit T700 Market Boulevard Planning Case No. 05-22 PO Boz 147 Chanhassen. MN 55317 Administration Per your request, attached is a copy of the invoice for a property owner's list Phone: 9522271100 dated 7/21/05, with a second notice sent on 8/24/05. Fax: 952.227.1110 Building Inspections I received a voice mail from Mr. Sanford in late August, presumably after he Phone 952,227 1180 received the second notice, stating that he didn't ask for the property owner's list Fax 952.227,1190 and that he wasn't going to pay it. I called him back and left a message stating Engineering that by signing the application, he agreed to pay this fee. I have also attached a Phone: 952.227.1160 copy of his application form highlighting the section that addresses this fee. Fax: 952 227.1170 Finance No payment has been received as of the date of this memo. Please let me know if Phone. 952.227.1140 you need additional information. Fax: 952 227.1110 Park A Recreation Phone: 952.227.1120 g_xplanx2005 planning cases105-22 mccord-Sanford wap invoice memo to tori haak.doc Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227 1400 Fax: 952 227.1404 Planning A Natural Resources Phone: 952.227 1130 Fax: 952221.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952227.1125 Fax 952 227.1110 Web Site www.ci chanhasseamn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. City of Chanhassen 7700 Market Boulevard Invoice P.O. Box 147 Chanhassen, MN 55317 Cmof (952) 227-1100 To: Marianne McCord & David Sanford Ship To: 6440 Fox Path Chanhassen, MN 55317 SALESPERSON I DATE I TERMS KTM 1 7/21/05 upon receipt 45 Property Owners List within 500' of 6440 TOTAL DUE Make all checks pay ^1e, Please write the following code on your check: Planning Case #05-22. If you questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Cell $3.00 1 $135.00 $135.00 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Cm OF (952) 227-1100 To: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 7/21/05 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 45 Property Owners List within 500' of 6440 Fox Path (45 labels) $3.00 $135.00 TOTAL DUE $135.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-22. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e CE m Ir a Pleasant View Road O a� Foxe w 3 Fox ca"`% Subject Property Ca�P ineland Copy, o� Lotus Lake FoX Fath W der r KEVIN A & LEANNE M BENSON JOHN P & DEBRA L BREEDLOVE REBECCA CLAIR CHUVA 620 PLEASANT VIEW RD 860 FOX CT 6521 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & LINDA M WOOD 6360 FOX PATH CHANHASSEN MN 55317 GEORGE F & JANET M DEAN 6400 FOX PATH CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317 KAYLA A HANUS 820 FOX CT CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 JAMES D HUDSON & CAROLYN SUERTH 6541 FOX PATH CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU 840 FOX CT CHANHASSEN MN 55317 TODD R MAGILL & KELLY N PIEROPAN 660 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P CUNNINGHAM 865 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT JDORAN 788 LAKE PT CHANHASSEN MN 55317 ROBERT & RENAE FROEMMING 6411 FOX PATH CHANHASSEN MN 55317 THOMAS R JR & MELANIE S HARER 796 LAKE PT CHANHASSEN MN 55317 JAMES P & NANCY FORD HOOPES 6511 FOX PATH CHANHASSEN MN 55317 JON ALAN KLOSTERMAN & MARGARET CODY KLOSTERMAN 6471 FOX PATH CHANHASSEN MN 55317 CHUNYI LIN & YANFANG CHEN 800 FOX CT CHANHASSEN MN 55317 MICHAEL L & REBECCA MCMILLEN 880 FOX CT CHANHASSEN MN 55317 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317 GREGG A & DIANE M ELLIOTT 6551 FOX PATH CHANHASSEN MN 55317 CRAIG N HANSEN & CLAUDIA J GIESKE 6430 FOX PATH CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317 JAMES M LYON 890 FOX CT CHANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P JR & ANN K MILLER CHARLES S MORIN & CHARLES W & MARJORIE K NAGEL 6561 FOX PATH TANYA M SREPEL 6340 FOX PATH CHANHASSEN MN 55317 6401 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS R & ANDREA L NARKNEAR MOUNTAIN LAKE ASSN INC CHRISTOPHER S PELLETIER & 6431 FOX PATH 610 PLEASANT VIEW RD JAMIE L GRIVICH CHANHASSEN MN 55317 CHANHASSEN MN 55317 6420 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY J SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 RODNEY H PETERSON JR 6571 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. OS OITY OF CHANHASSEN RECEIVED JUN 17 2005 QIANNASSEN PLANNING DEPT A PP Kant Name an Adcjr ss, Owner Name a A re s: / 'Ct fuP GY Qt/l� i�Afi Gk2_ Cf �GlUlt J C P cc 3 0 Contact: P Q,v; (t u it V-9 C Contact: deli' a Ku --L Phone: Li? 0- te f b 1 Fax: Phone: LJ70 Fax: Email: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"' i$50 CUP/SPRNACNAR/WAP/Metes & Bounds $450 Minor SUB TOTAL FEE $ '� 00 00 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. ' Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital coot/ in TIFF -Group 4 ('.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: fE:: rJ/XC 0 cky� LOCATION: L __ G `W / B I" At t — LEGAL DESCRIPTION: L� r 6/o U� C k i(V -r Cnu f� , M I' AA TOTAL ACREAGE: 11f WETLANDS PRESENT: O YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Pe-4(ke5 r OXL/ U This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date Ignature of Fee O er Date GAplan4orrnsTevelopment Review Application.DOG Rev. 4/05 1 k.v yt , Marf, Fu lo, c,A ocl//zlq Mt.(.Cvar- (SOu4C�) MeM bars . W R P (j (o qqo F;>c f c�A. BlocJe-- I F -u< Ckose.) COV13 CA d.oc-L Aroalk wc%la-n d -D access LoTgs L Tye i c -O.► ly s �,�� Wa��, kowc-)tw, as •S e-oM4o#n w i � SDs A Con�u✓a"h o n ease�re.�� ,as l ee�+ rcco�d�d - I�12 aE Cojus (Nil Ke ("Cl lelo(A) 9CO aAk par 0� Lo� Ie4C-,jn1bus —7— 19 • T�e- c�s e.xctr� C) VI Lo I-, 1 I9. fovnte Ca-;v;[h —� �r•'s fl11 e-FiPi rr�� p S��C b 4e PC_ reCCtI�M� L4 I (= SIS&-.o,-pL e / 10 -1 -+-a Jeely 7�e WA—P as ;vnJ on 6 aF 4e g/2 .5 �,-,4. 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W. iV1 444A+, /c _ �e boy 1v ans ,ger a-^ 9I/eS-f7 , ii°" aJAY 4&Vt CITY OF CgANNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 9552.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1180 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax 952227.1110 Public Warks 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 Web She www.ci.chanlassen.mn.us —3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Lori Haak, Water Resources Coordinator DATE: September 12, 2005 SUBJ: McCord/Sanford Wetland Alteration Permit — Planning Case No. 05-22 EXECUTIVE SUMMARY Request for a Wetland Alteration Permit to construct a boardwalk across a wetland and place a dock on Lotus Lake on property zoned PUD -R with an area of 1.01 acres, Lot 9, Block 1 Fox Chase. ACTION REQUIRED City Council action requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 2, 2005 to review the proposed wetland alteration permit. The Planning Commission voted 5 to 1 to deny the proposed request. The summary and verbatim minutes are attached. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion denying the wetland alteration permit as found on page 6 of the staff report dated August 2, 2005. ATTACHMENTS 1. Planning Commission Staff Report Dated August 2, 2005. 2. August 2, 2005 Planning Commission Summary & Verbatim Minutes. GAPLANx2005 Planning Casesx05-22 McCord -Sanford wAFlExecutive Summary.dim The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DATE: August 2, 2005 CC DATE: August 22, 2005 REVIEW DEADLINE: Aa �, ^^^� October 15, 2005 CASE #: 2005-22 BY: LH; DA PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6440 Fox Path (Lot 9, Block 1 Fox Chase) APPLICANT: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 PRESENT ZONING: PUDR — Planned Unit Development Residential 2020 LAND USE PLAN: Residential Low Density ACREAGE: 43,977 square feet (-1 acre) DENSITY: 1.24 units/acre Net SUMMARY OF REQUEST: The applicant is requesting a wetland alteration permit for the installation of a boardwalk across a wetland to access a proposed dock on Lotus Lake. The boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet. McCord/Sanford Dock WAP August 2, 2005 Page 2 of 6 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6440 Fox Path across a wetland to provide permanent access to Lotus Lake. A seasonal dock will be extended from the permanent boardwalk at the water's edge to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 6-24. Location Restrictions No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized by this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. McCord/Sanford Dock WAP August 2, 2005 Page 3 of 6 Sec. 20408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks In April 2005, staff was asked by the applicant if they had riparian rights to install a dock. Staff reviewed the most recent survey of the property on -file (1986) (Attachment 4). The survey indicated that only the south east corner of the property touched Lotus Lake by a single point. However, no elevations of the ordinary high water level (OHW) were indicated on the survey. The applicant was asked by staff to provide a survey with OHW to determine if riparian rights existed on the property. The applicant provided staff with survey dated May 31, 2005 from RLS 43806 (Attachment 5). The survey indicated that the property does extend past the OHW, therefore, the property does have riparian rights. The recorded development contract for the Fox Chase development (Attachment 7) indicates that a perpetual conservation easement shall be granted to the city over the area below the 900 foot elevation on Lots 7 through 19, of Block 1, inclusive. The development contract also states that Lots 16,17,18 and 19, Block 1 shall be allowed 1 dock per lot. The dock on Lot 16 may be used by the owners of Lots 10-16, Block 1. The conservation easement was recorded against Lot 9, Block 1 as part of an "Agreement Pursuant to Planned Residential Development Contract" (Attachment 6). Based on the documents on file with the City it appears that an 896 elevation was shown on the plans for the subdivision (Attachment 9). The 896 contour clearly extends onto Lots 8 and 9, Block 1 of Fox Chase; however, docks for these two lots were not discussed during the subdivision process. During the subdivision process, the issue of whether docks would be allowed on Lots 10-19, Block 1 was an object of much discussion. Initially, the plan was to have docks only allowed on Lots 16- 19. Through a series of legal discussions between the City and the developer, it was agreed that Lots 10-16 could share a common dock on Lot 16. From the letters and minutes in the files, it appears a number of residents opposed any docks in this area at the time of subdivision. The major concerns appeared to be preservation of vegetation, fish habitat and aesthetics. ANALYSIS The proposed boardwalk/dock is shown on Attachment 5. There are six major issues regarding the placement of a boardwalk/dock at this location: McCord/Sanford Dock WAP August 2, 2005 Page 4 of 6 Issue #l: Wetland Alteration Permit. According to City Code, installation of boardwalks requires a wetland alteration permit. This is to ensure that any wetland impacts as a result of boardwalk installation have been avoided and minimized to the greatest extent practicable. Resolution: The applicant has applied for a wetland alteration permit. N the permit is not granted, the applicant will not be allowed to install the boardwalk over the wetland. Issue #2: Reasonable Access to Lake Lotus According to City Code, docks and other structures cannot obstruct reasonable use and access to other docks or structures (Section 6-24). Resolution: The applicant has submitted a plan for installing the dock that they feel will best allow access to both the applicant and existing docks in the area. The applicant has indicated that they are willing to alter dock placement if necessary to ensure reasonable use and access are maintained. Issue #3: Encroachment into Drainage and Utility Easement A drainage and utility easement is recorded over the rear portion of the subject property. Resolution: The applicant must enter a encroachment agreement to install their dock over within the City drainage and utility easement if the wetland alteration permit is approved. Issue #4: DNR Permits If a boardwalk and/or dock is permitted, all applicable permits from DNR for dredging and/or vegetation alteration must be acquired. The applicant has a proposed plan that may require the removal of vegetation and or dredging to gain access to an existing navigation channel that allows access across to the main part of the lake. DNR is the permitting authority for all grading and or vegetation alteration below the OHW level (896.3). The requested wetland alteration permit, if approved, does not permit dredging of the lake or vegetation removal. Resolution: The applicant must apply for all necessary permits from the DNR prior to removing vegetation or sediment from Lotus Lake. Issue #5: Conservation Easement. As part of the Fox Chase plat, a perpetual conservation easement exists below the elevation of 900 feet over lots 7 through 19, inclusive, of Block 1. The conservation easement restricts the placement and erection of buildings, structures, docks and walkways (except as provided in Section 6.03 of the development contract). The development contract also restricts the alteration of vegetation in any manner or form within the conservation easement (except as provided in Section 6.03). Exceptions in Section 6.03 the development contract allow for one dock to be constructed on Lots 16, 17,18 and 19 Block 1. The dock at Lot 16 may be used by the owners of Lots 10-16, Block 1. McCord/Sanford Dock WAP August 2, 2005 Page 5 of 6 Resolution: Vacation of this conservation easement (as a whole or in part) would be required to install a dock at 6440 Fox Path. The vacation of the conservation easement to install a dock may allow for additional dock installation in similar situations. Issue #6: Riparian Rights Because the OHW extends onto Lots 8 and 9, Block 1, both lots have riparian rights, that is the property rights arising from owning shoreline. In this case; however, the restrictions set forth in the conservation easement supersede riparian rights of property owners. Resolution: No resolution is necessary for this issue. If a wetland alteration permit is granted for a dock on Lot 9, staff anticipates that Lot 8, Block 1, may apply for a dock in the future. The rear portion of the lot at 6440 Fox Path is encumbered by a perpetual conservation easement in addition to a drainage and utility easement. An encroachment agreement would be necessary to cross a drainage and utility easement with the dock boardwalk structure. The conservation easement would require partial vacation, at a minimum, to allow for the installation of any structure or vegetation alteration within the conservation easement. From the documentation of the Fox Chase development that staff has reviewed, the intent of the conservation easement was to limit the number of docks crossing the wetland riparian to Lotus Lake. Lots 10-16, Block 1 that are required to share a common dock, have similar lake conditions (i.e., adjacent wetland, very shallow and vegetated) as Lot 9, Block 1. The shared common dock was the mechanism used to give dock access to the Fox Chase lots (10-15) that would have had to cross a large amount of wetland and a very shallow, vegetated area of the lake. Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. If a boardwalk is permitted, the boardwalk should be installed across the wetland as a permanent structure and a seasonal dock should extend from the boardwalk into Lotus Lake to provide docking for watercraft. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." "Extended lot lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap." The dock should be located outside of the dock setback zone. The current proposed alignment encroaches into the dock setback zone (Attachment 5). If a dock is permitted, the dock alignment should be revised so the dock is located outside of the dock setback zone. Because the applicant's property is protected by a perpetual conservation easement that restricts the installation of any dock and/or removal of vegetation, staff is recommending denial of the wetland alteration permit. McCord/Sanford Dock WAP August 2, 2005 Page 6 of 6 RECOMMENDATION Staff The Planning Commission recommends that the Planffing GeffHrisr, City Council adopt the following motion: "Ibe Raaniit Gentmission feenmmeads defflial of City Council denies Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, based on the findings of fact in the staff report" a/ 44tc aJJ,' -h,91 r � # % a, h c ✓ /, 44 t " M :n✓ env/.'er Should the planning Geminissien City Council choose to approve Uelm-/Y- 6 Wetland Alteration Permit #05-22, staff recommends that the Ranning Geflmais City Council adopt the following motion: "rhe City Council approves Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, with the following conditions: 1. The boardwalk shall be installed across the wetland as a permanent structure and a seasonal dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 3. The conservation easement shall be vacated for the length and width of the proposed dock structure; the remainder of the conservation easement at 6440 Fox Path shall remain intact. 4. The dock shall be located outside of the dock setback zone and shall not obstmct reasonable access to or reasonable use of other docks. 5. The applicant shall obtain all permits required by the DNR for dredging and aquatic vegetation management prior to commencing such work below the ordinary high water level of 896.3, should such permits be found to be necessary" ATTACHMENTS 1. Findings of Fact. 2. Development Application. 3. Affidavit of Mailing and Public Hearing Notice. 4. Survey for 6440 Fox Path, dated September, 11 1986. 5. Survey for 6440 Fox Path with proposed dock, dated May 31, 2005. 6. Agreement Pursuant to Planned Residential Development Contract. 7. Fox Chase Development Contract. 8. Aerial Photo of 6440 Fox Path. 9. Planned Fox Chase Subdivision "Exhibit A". 10. Letter from T. Meier to Chanhassen Planning Commission, dated July 27, 2005 11. E-mail from J. Lyon to L. Hank, dated July 29, 2005 GAPLAN\2005 Planning Ca \05-22 McCord -Sanford WAMMcCord_Sanford CC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUN'T'IES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: The application of Marianne McCord and David Sanford, 6440 Fox Path Planning Case No. 2005-22 On August 2, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marianne McCord and David Sanford for a wetland alteration permit for the placement of a boardwalk across a wetland. The Planning Commission conducted a public hearing on the proposed development 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 PUDR, Planned Unit Development Residential. 2) The property is guided by the Land Use Plan for residential, low density. 3) The legal description of the property is: Lot 9, Block 1, Fox Chase. 4) The subject property is located on Lotus Lake. 5) An ag/urban wetland is located on the subject property between the primary structure and Lotus Lake. 6) Section 20-405 of the City Code stipulates that access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. 7) Section 20-408 of the City Code requires a wetland alteration permit for the installation of boardwalks. 8) The planning report Planning Case No. 2005-22, dated August 2, 2005, prepared by Lori Haak and Donald Asleson is incorporated herein. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. O5 -a=_'�\ CITY OF CHANHASSEN RECEIVED JUN 17 2005 PLEASE PRINT bFMNMA55EN PLANNING DEPT Applicant Nam an AdcjresOwner Name a A re / 11'r i a �(� dl -i �% d- �a - Mar�au�e, favi 5 P cc 3 Contact: Av �`4 a a � f Contact: Q dl' CtX A -.e. A Phone: q-10 - lc f (o I Fax: Phone: b Fax: Email: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X ZWrow for Filing Fees/Attomey Cost'*' $5-6UP/SPRNACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ �` t70 60 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an B/z' X 11' reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 V.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. BuiNterial samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. $CAW= Q. qrr,�,,-[ of -Ye Pe,,�; I ;s- lgtvk ,kJ by Ae ACTION CE 9e".44 /.�keC"--/. The Planning Commission denies the wetland alteration permit request for a boardwalk across the wetland at 6440 Fox Path. ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005. CHANHASSEN PLANNING CONINIISSION Uli Sacchet, Chairman g:\plan\2005 planning =m\05-22 mccord-Sanford wap\mccorrl_sanford findings of fact.doc PRESENT ZONING: ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: n e 6ALZ) z --U rol This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date ignature of Fee lbw er Date t nnMDevelopment Review Application.DOC Rev. 4/05 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 21, 2005, 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 Public Hearing for McCord -Sanford Wetland Alteration Permit — Planning Case No. 05-22 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. en J. E ge dt, D Clerk en J. E Subscribed and swom to before me this,915 day of J u I 12005. Not Pu lis` n KIM I MELMSSEN Notary Public -Minnesota ny CurorkWm Bpkm Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesda Au ust 2 2005 at 7:00 .m. : Cit Hall Council Chambers 7700 Market Blvd. EDateime: : Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and lace a dock on Lotus Lake File: 05.22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak*ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within SW feet of the subject site to be notified of the application In writing. Any interested parry 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • 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 somethino to be included In the report, lease contact the Planning Stall person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: uesday, August 2 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at htta://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Remnings, 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applicatlons 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 notillcallon. Chdsrmas Lake Lope Lake TNs map is neftrer a legally recorded map nor a survey and is not intended to be used as ons. TNs map is a conouation of nxords, inforrtetion and data located in various city, county, stare and fedwal otoea and oilier sourees regarding me area shown. and is o be used for rels er pa purposes only. The Cdly does not >vanent drat the Geographic Inlpm lion System (GIS) Data used o prepare tis MI) are ))nor free, and the City does nd represent dial the GIS Data can be used for ruNgatlonal, bacldng a any oiler purpose requiring evading measurement of distance or direction or precision in the depiOM Of geograpNc featuresIf snore Of dismeparies as foul please corded 952-227-1107. The Preceding risdaimes a Provided Pudsuad o Wroescta Stabum §666.03, Subd. 21 (20W), ad to user Of tis mp ai k ledges that fine City shall ml be cable for any darreges, and eVressfy waives aN darrre, end agrees to defad, incemufy, and hold harmless to City hard, any end all darks bruugM by User, is employees or agents, or Mid parties Anch ansa out of be usefa access a use of data provided Chnsurm Lake Long lake Tlis map is Colter a legally ramrded map nor a survey and Is not widended b be used as one. TNs MID is a congilaton of records, infordngtm and data $ocated in variate city, cmx y. state and federal offiees end other soudpes regarding to er,s sloven. and M to be used for raAaaoe Wrposea only. The City does rel wenaM oat de Geopregic kd6nr abon System (GIS) Data used o prepare On nap arra error hear, ad the CitY (1006 not represent tial to GIS Gera can be used for nadgdael, taclarq or any oder Purpose reClUnktp eaadk>g masuarerd of dsferce err direction a preason in oar depKton of teopaphie feataee, t encs or dsaepaoies are hard pba6e contact 951-227-1107. The preceding dadaimer is proNded pwwerd to hineesda Statutes §66&M Subd. 21 (2000). end the user Of tis map aobowfedges tie the City shall not be (lade for ay darneges, and espressly waives all china, and agrees o defend, odaaify. ad handless fold fire City hall dam a" and *rd bougld by User. its ertploysse aagwft prtdd payee Midi arise out of fire, reefs ))mess prose of data provided «NAME1>> «NAME2» ADD1)> «ADD2» «CITY» ((STATE" aZIPU «Next Record» ((NAME1)) «NAME2» «ADD7 )) «ADD2)) «CITY)> d6STATE)) «Zip» Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e m m a Pleasant View Road I _ O{ P a� of Subject r Property + PA Lotus Lake meland Copy, Fpk Pette a ; pryer r KEVIN A & LEANNE M BENSON JOHN P & DEBRAL BREEDLOVE REBECCA CLAIR CHUVA 620 PLEASANT VIEW RD 860 FOX CT 6521 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & LINDA M WOOD 6360 FOX PATH CHANHASSEN MN 55317 GEORGE F & JANET M DEAN 6400 FOX PATH CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317 KAYLA A HANUS 820 FOX CT CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 JAMES D HUDSON & CAROLYN SUERTH 6541 FOX PATH CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU 840 FOX CT CHANHASSEN MN 55317 TODD R MAGILL & KELLY N PIEROPAN 660 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P CUNNINGHAM 865 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT JDORAN 788 LAKE PT CHANHASSEN MN 55317 ROBERT & RENAE FROEMMING 6411 FOX PATH CHANHASSEN MN 55317 THOMAS R JR & MELANIE S HARER 796 LAKE PT CHANHASSEN MN 55317 JAMES P & NANCY FORD HOOPES 6511 FOX PATH CHANHASSEN MN 55317 JON ALAN KLOSTERMAN & MARGARET CODY KLOSTERMAN 6471 FOX PATH CHANHASSEN MN 55317 CHUNYI LIN & YANFANG CHEN 800 FOX CT CHANHASSEN MN 55317 MICHAEL L & REBECCA MCMILLEN 880 FOX CT CHANHASSEN MN 55317 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317 GREGG A & DIANE M ELLIOTT 6551 FOX PATH CHANHASSEN MN 55317 CRAIG N HANSEN & CLAUDIA J GIESKE 6430 FOX PATH CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317 JAMES M LYON 890 FOX CT CHANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P JR & ANN K MILLER CHARLES S MORIN & CHARLES W & MARJORIE K NAGEL 6561 FOX PATH TANYA M SREPEL 6401 FOX PATH 6340 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS R & ANDREA L NARK NEAR MOUNTAIN LAKE ASSN INC CHRISTOPHER S PELLETIER & 6431 FOX PATH 610 PLEASANT VIEW RD JAMIE L GRIVICH CHANHASSEN MN 55317 CHANHASSEN MN 55317 6420 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 RODNEY H PETERSON JR 6571 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 I�3 t rINiB iYSei i i= F� S €i L11, �:vi• FY S' � I; al• U 1 -� U_ o V: O LS_ 4 Yx� L i • N • I ��n /il - Ze � -ai 3 it a 6i iF • o _ 1 S$ 3 N • .» zt �i3 O CY I uJYi s�t zil s a 3 W u�i� � n .i f=,5 i= L F, - � 2 H•`oi o r°c oa•o. ''e(e(e(ryyy�iii Zi jj �Ya3' 'Y' ./aVYM TM4 •4 Q i ] eeF i€ SL �`�� w i J s•a0 E•E � � E[ eYI � i a e�ei-�iuu w0aaacc - a ia-le7 Im •.unrm mra'arw xw w wu nr.... x�L, '^'e mel •<.wNe.s wwo nnl smm' �'�" "°'� 3MV1 ONmM WP+w6 eloupwEe� y a �® 0 3 u Oz a z 'a N z A 0 THIS AGREEMENT is made and entered into by and between the City of. Chanhassen,; -a Minnesota: municipal. corporation -,(the "City"). Zachary Development Corporation, a corporation under the laws of the State of Minnesota ("Zachary") and James M. Zechmann and Susan M. Zechmann, husband and wife (the "Zechmanns"). The property located in the County of Carver, State of Minnesota, legally described as Fox Chase, according to the plat thereof on file or of record in the office of the Carver County Recorder, is subject to the terms and conditions of that certain Planned Residential Development Contract dated July 20, 1983, recorded August 5, 1983 as Document No. 60723Vin Book 67 of Miscellaneous Records, Page 477, hereinafter referred to as the "Developers Agreement". The Developers Agreement provides for the granting of a perpetual conservation easement for environmental protection and wetland conservation over those areas of Lots 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet. In connection with the Conservation Easement (as defined below), the Developers Agreement a_:; v,.:vides for (i) the future erection of a dock on Lot 16, Block 1, (which lot is presently owned by the Zechmanns) to serve the owners of Lots to through 16, both inclusive, Block 1, Fox Chase and (ii) the granting to the City of a public trail easement. The undersigned owners of the affected lots in the plat of Fox Chase, in order to comply with the terms and conditions of the Developers Agreement, do hereby grant and convey the following easements: Conservation Easement. The undersigned owners of affected lots in the plat of Fox Chase do hereby grant to the City of Chanhassen a perpetual conservation easement (the "Conservation Easement") for environmental protection and wetland preservation over those areas of Lot 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet (the "Conservation Easement Premises"). The Conservation Easement Premises shall be subject to the development restrictions applicable thereto as set out in Section 6.02 of the Developers Agreement. Dockage Easement. The Zechmanns do hereby grant a Perpetual non-exclusive easement (the "Dock Easement") for purposes of constructing, maintaining and using a dock for the - 1 - 6799R `Pape I of _/4_ Papea •J agfrpp¢ance wi#h Section 6 03 of the fie�el:opers M.Y i t'. . S F ` `3►gBenielit tie Eas@men`t shal l be subject$ to' the �. ,Dock prbvisioris appl3cable':thereto set out in Sectiion 6.03 of the. of easements contained in this Deveapers 'llgreemeab": instrument. The grants contained herein shall be given a Trail Easealerit Zachary, ti}e #�gr of Lot 20r z'�=�" ,�ok :Fox Chase and".Natonai pity Hank, LpweR sand Sharoa&' £° `4 °w '+ cost and ,John B ane: owners o - Lot 19 �F Chase do ne>weby,granti toYthe City; of `.Chanhassen a y erpetua•'iion-exclusive easement for public'tril purposes over Yr -the potions of Lots '19 and."20; Hlock '1, Fox Chase as more This Agreement may be signed in _.. fully described on attached Exhibit A (the "Public Trail"). counterparts, t, Conformance with Developer's Agreement. The City ,... acknowledges and agrees that this Agreement will be deemed tc conform to and satisfy all requirements of the Developer's ;. Agreement relative to the creation of the conservation easement, the provision for an easement for dockage purposes, and the easement for public trail purposes described in the Developer's Agreement. Running of Benefits and Burdens. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, successors, tenants and personal representatives of the grantors and grantees and their respective invitees, but may be amended without consent of the owners of any lot or lots not directly affected by the amendment. The consent of the City of Chanhassen to any such amendment shall, however, be required. Construction. The rule of strict construction shall not apply to the grants of easements contained in this instrument. The grants contained herein shall be given a reasonable construction so that the intention of the parties to confer a reasonably usable right of enjoyment on the respective grantees is carried out. Counterparts. This Agreement may be signed in counterparts, In witness to this instrument, thepartiesve caused this instrument to be executed as of the 311 day of �Tiaa 4✓ , 1987. i it ,i. - 2 - 1 - .6799R ' Page—of—?ages. Eiden Construction, Inc., (Owner of Lot 10, Block 1, Fox Chase) � 7 , By: Its: STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknoA d d before me this /�7jday of 1987, by and respectively of Eiden gbnstruction, Inc., a Minnesota corporation on behalf of said corporation. wmy-(FuBNc — NM'[ TA Notary Pub11C RVER COUNTY �a aion-Pum5-18-93 4 THIS INSTRUMENT WAS DRAFTED BY: Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 - 3 - 6799R PageOfPages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknoj�+ledged before me this -LL qday of dQ� cs , t 1987 by /,HRRy Y " jjuy the !,a t q,k of Zachary Deve opment Corporation, a torpor ion organized and existing under the laws of the State of Minnesota, o behalf of said corporation. Do ry ublic LYNNE R L@HMEYEA ND�ARY /1610 — INEDOTA HENNEPIN COUNTY W Cam e;im Nov.12.1N3 6799R - 4 - Page - .4 CT 1-4 Pages ..- Faames STATE OF MINNESOTA) ZechmdVh (Owners of Lot 16, Block 1, Fox Chase) )ss COUNTY OF HENNEPIN) hI' f in instrument was acknowledged before me this A�Ada of ✓�(i 1987 b James M. Zecrinain and Susan M. Zechmann, husband and _we Ni _ & I JIN6fary Public 6799R =W= page 0_ of 14 Payea STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) 1987 Recorded the JgOK dap of 1987 as Document NO.s/%GS 3 (Owner of Lot 9, Bl, Fox Chase) By:� Its: By:_ Its: The foregoing instrument was acknowled efore me this a5 day of Uvvv &✓ 1987 by and the andrespectively of National city Bank of Minneapolis, a National Banking Association on behalf of said National Banking Associapio Not ry Public 6799R - 6 pap&.t of /41 Pam Lppawn M. Williams�O ne 17, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 22nd day of December , 1987 by Bradley J. Williams and LQpawn MM. Williams, husband and wife. j 1 JACCI A. WACKER Notary P,41ic NOTARY PUBUC MINNESOTA WRIGRT COUNTY m'/ Ccmmissior Exui,es Nov. 2d, 1992 �d4hHIIINfNfMfPiw.+Y�INPi+aR 6799R - 7 - pop 7 ot- 4 urges James E. Ring T Linda K. Ring Owners of 18, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) ! The fore ing igstrument was acknowledged before me this d 7 day of ,�(�u� 1987 by James E. Ring and Linda K. Ring, husban and wife. /J Not Public 6799R i NYCE A. BLOOMBEBB N07ARY PUBLIC • MINNESOTA DAA07A COUNTY Aly Commimm Expira Aub. K 1990 • r Page 9_ _Xpages The City of. Chanhassen, a`Minnesota Muhicipal Corporation, does hereby consent to the foregoing instrument and acknowledges that the same conforms to and satisfies all requirements of the Develcpers Agreement, as that term is defined in the for go in instrument, relative to the creation of a Conservatio Easement, an easement for a dock,.aea ments f a tr i s. By: ! Its: STATE OF MINNESOTA) �✓y ///� ra y— )ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this � day of ,tkVA,,,AL", , 1987 bye,," /,�,.jZt � ,+-. f the City of Chanhassen', a " Minnesota Munic pal corpor tion on behalf of said corporation. KAREN J. ENGElYJ4RDT NGTAIW PUBLIC . L!i::vrS A CARVER CO. iTy is Yy W .-.1mm eip!. 1,S4" 9 - 6799R 83 Peg. --- "y ohn B. Dewey aNzi-kP, - t�2- Sherrie R. Dewey, (Lot 19. Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foreeg instrumeinstrument was acknowledged before me this _ 0 day of �aa2 1987 by John B. Dewey and Sherrie R. Dewey, husband and ife. 4 Notary Public 6799R a — 10 — Pepe AD_ of Payea *0 gvdKj Shaws Fko Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregping instrument was acknowledged before me this 2?b day of a -SsZ_ , 1987 by Lowell R. Frost and Sharon Frost, husband and wife Notalry Ptiblic G" .«J4f r1:Uc—:1'84SUTA es va [-2?92 11 — 6799R Pag" Pam STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fo eg ing instrument was acknowledged before me this iP day o 1988 by Mark D. Lecy, President of Lecy Construct n, I a corporation organized and existing under th laws of the State of Minnesota, o behalf of said corporation. 1 r lic LYNN M. LEHMEYER NOfAW PUBW - W0eWTA HEJCOUNTY 14 G'E10R11*R DOW NW. 12.190 - 12 - 6799R Page lei -- Pages 1, Fox Chase) STATE OF MINNESOTA) J )ss COUNTY OF HENNEPIN) ,, The fore ping instrument was acknowledged before me this L day of , 1987 by Barie P. Fritz and ase a; t r E ;rz , husband er wi f. 'Yot4ety Public L vn e /1 /h. , — 13 — 6799R Page /_i of .4 Pages EXHIBIT A Legal Description of Public Trail A permanent easement for trail purposes over and across the easterly fifteen (15) feet of Lot 20, Block 1, Fox ;s Chase, and the Southerly ten (10) feet of Lot 19, Block 1, Fox l Chase, according to the recorded plat thereof, Carves County, �`M. and was duly recorded as Minnesota. document no. 93995 4 Co ly %.d., 4 M_I G_G__ 7 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee a1N•�' This is to certify that this document was filed in this office on the_ak*ay of�._1938_A.D.atlQ-ao o'clock �`M. and was duly recorded as document no. 93995 CARL W. HANSON JR. Co ly %.d., by: M_I G_G__ - 14 - 6799R L.1 I CITY OF CHANHASSEN PLAIINED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF FOX CHASE DERRICK LAND COMPANY � (L% WA GREEMENT, Made and entered into this Ad' day of 1983, by and between DEHRICK LAND COMPANY, a Minne- ota qntporation, (hereinafter referred to as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein- after referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other app.l.:ic•.ablo state laws, and the Developer in cons-ideration of the muLt.iol c•iavcva.antn herein contained, recite and agree as follows: SECTION 1, REQUEST. FOR PldVi APPROVAL. The Developer has asked the City to approve a plat of ;alai owned by: 1.01_ Derrick Land Company, A Minnesota Corporation, fee owner; 1.02. Wilma -C I'tiompson, Mortgagee. To, be known as Fox cJla..as„ tiu ret,-rred to ir. this Agreement as the. "Plat".) - such br•a"i lcgylly described as shown on the attached Exhibit "A" which ha•a a•by in,uia• .r pari hereof. SECTION 2.0 RECITALS. 2.01. Fox Chase _P ..areliminary Development Plan and Prelimi- nry Plat.. The Developer is the fee owner of a tract Of' land lying within Lhe.City, as more particularly described on Exbibhl "A" attached herr•t,o and made a part hereof (hereinafter the "Subject. Property" or "Plat"). The Developer has Heretofore made application to Lhccity under the City Zoning Ordi- nance Or the approval of a P- i W aivaed- Residential District encom- passintl all of the nuhlect proj", iy SECTION 3., CONDi.TJ 011. OF PLAT APPROVAL. The City has approved or atlrc•ed to approve the plat on condi- tions (1) Thet the Developer enter into this Development Contract-, (2) that the Developer provide an irrevocable letter of credit, or crash escrow (a: ,;ei forth in Sart-iotas 7.01, 7.02, 7.03 and 8.1':) ("Security"), quar.hnt.neiray We performance of the terms of Lhis Development. Contract, and !vo guaranteeing the payment of all cion struction costs of i1. 1"q ovemenL. A letter of credit nay be sub mi.tted for a one ye"i 100�ra„d of time with the provision that it. shall be renewed gat the end of the eleventh month for any inprova - ments yet to be satisfactorily completed and accepted by the City. R.7/19/83. Failure to furnish a new letter of credit at least thirty (30) days before the posted letter of credit lapses shall be deemed a condition of default and the City may obtain all monies posted under the exis- ting letter of credit. 3.'O1. Construction: Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the foXlowing Public improvements (hereinafter the "Public Improvements"), in accordance with the Plans and Specifications described in M3.02 below as modified by the Special Conditions set forth in Section 5 hereof: a. Street grading, stablilizing, and bituminous surfacing and wear surface b. Surmountable conc.ete curbs and gutters C. Sanitary sewer m,.ins d. WaternCains e. Storm and surfaQe water drainage, and retention ponds f. Street signs g. Underground utility lines h. Street lighting i. Grading including' berm construction 3.02. Final Plans and Specifications. 'rhe Developer shall provide the City with final plans and specifications, including' a final grading plan, prepared by a registered professional engineer, which plans and specifications shall be subject to the final review and written approval of the City Engineer. Substantial changes in said plans and specifications shall be referred by the City Engineer to the City Council for approval. Said plans and specifications are hereby made a part of this agreement. Developer shall not make or permit any changes, variations, omissions or additions to City approved final plans and specifications without the written approval of the City Engineer prior to any such change, variation, omission or addition. 3.03. Standards of Construction. Developer agrees that all of the public improvements shall be constructed and installed in accordance with the aforesaid City approved plans and specifications, and that said improvements shall equal or exceed City standards, and that all of said work shall be subject to the inspection and approval of the City Engineer. 3.04. Materials and Labor. All of the materials to be employed in the making of said public improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. -2- 3.05. Staking, Surveying and Inspection. It is agreed that the Developer, through his engineer, shall provide for all staking, surveying and resident inspection for the above described` improvements in order to ensure that the.completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be;notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including reasonable charges of the City for legal, planning, engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the financial security to be furnished to the City by the Developer pursuant to the terms of this agreement. 3.06. Completion Date and Schedule of Work. it. It is agreed by (,he Developer that I.he run:•rl,nicl.lon of Ulu public and Iit, Iv.o. • Ing)rovc nur ILc; :;hill rinunit I wIt'll ln two (2) years of the filiny of the final plat at the Carver County Courthouse and that all public improvements shall bu. completed within two (2) years of said plat filing. b. The Developer or his engineer shall schedule a pre- ccnstruetion meeting at a mutually agreeable time and place with all parties concerned including the City staff to review the program for the construction work. Upon completion of sewer and water lines shall be tested in.accordance with the testing procedures that are required by the City Engineer. Within thirty (30) days after completign of the improvements, the Developer shall supply the City with a complete set of "As Built" plans. C. Final approval and acceptance of the project shall take the form of a Resolution duly passed by -the City Council, on the advice of the City Engineer. Final approval and accep- tance shall be granted upon the City Engineer's satisfaction pursuant to Section 3.08 and shall be conditioned upon the one year guarantee of work and guarantee bond set forth in Section 3.15 hereof. 3.07. Claims for Work. The Developer shall not do any work or Eurnish any materials not covered by the plans and specifica- tions and special conditions of this agreement, for which reimburse- ment is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or -fur- nished by the contractor, without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. 4;3 -3- 3.08. Final Inspection. Upon completion of all the work required by the City Engineer, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contrac- tor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same.. 3.09. City Disclaimer. It is agreed anything to the con- trary herein notwithstanding, that except for its or their negligence or malfeasance, the City of Chanhassen, the City Council and their agents or employees shall not be personally liable or responsible. in any manner to the Developer, the Developer" s contractor or sub- contractor, material men, laborers or any other, person or persons whomsoever, for any cl;c .m, (Jemand, d,rmaclo!;, irrl.ionr; or, c•.iu:,u s of acLiun of ally kind or CharaULur irr.isj q out, ul Or- by reJ:;011 of Lilt! execution of this agrO nnunt or t.hu porform.ucuv .urcl ircniiprlr.l:loll yi the work and the improvements provided herein, and that tile Developur• shall save .the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements, and expenses .of defending the same, specifically including,' wiLhouL intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering ser- vices and costs of legal services rendered in connection with defen- ding such claims as may be brought against the City. 3.1O. Erosion Control,. Developer,, at its expense, shall provide L'emporary and permanent dams, earthwork, retention and sedi- mentation basins, and such other practices including seeding of graded areas, as shall be needed in the judgment of the City Engi- neer, the Riley purgatory Creek Watershed District, the U.S. Corps of Engineers, and the Department of Natural Resources, to prevent the washing, flooding, sedimentation and erosion of lands and road within and outside the plat during all phases of construction, inclu- ding construction on individual lots. Additionally, the Developer shall comply with all conditions of the grading and land alteration permits from the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, the Department of Natural Resources approval and all of the recommendations of the U.S. Soil Conservation Service in its reports to the extent consistent "with the requirements of other regulatory agencies. The following minimum restoration require- ments shall be met. The City Engineer shall determine if any other agency requirements are more: explicit or restrictive; and may; at his discretion require that those conditions be met in lieu of any or all of the following. a) All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. b) Seed shall be, rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. c) All seeded areas shall pe mulched as neces- sary for seed retention. ` +r -4- 480 4..Qa.z�r I A. plan consolidating all applicable conditions concerning construc- tion grading and drainage shall be submitted to and approved by the City Engineer prior to commencement of any work. 3.11. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after fifty percent (50%) of the building lots have been improved by the construction of residences.thereol whichever. is first to occur. 3.12. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in 113.01 hereof in accordance with the plans and specifi.caLlons horuunder and the written approval by the Crty if not previously dedical,t,d it Lhr• Iinal plal., U•v •lop •r ::tall (•nnvt•y Ill,- 1.1110 and ::,rirl 11,11pl—v. nunitt to the City tree c f all lien:; and •ntumhranur', ,uul wil:h'w•ir tunny of Litt., piu^aLnil I•o llrl l nl 't.rlr 10, W?rrl•,uil.y b.••I, Sc� ,ilql'i. able. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notic'. or action on the part of either parlay hereto, other than acceptani,� by the City. - 3.L3. Building Permits and Occupancy Permits. a. Prior to compleCion of the grading and placement of rock stabilizing materials for road construction within the plat, the City Bui.Lbing Inspector, with the approval of the City Engineer, shall be authorized to issue building permit:. for residential construction within such plat upon payment of all fees and charges -applicable to the issuance of permits and provisions for adequate site access. b• The occupancy of any structure within said plat for residential purposes shall be prohibited by the City until the streets have been paved with a1' -z inch base bituminous surface or CL5 if approved by the City Engineer, municipal sanitary sewer and water lines shall have been installed, tes- ted, inspected.and are available to serve the lot for which a building permit shall have beerl issued. 3.14. One Year Guarantee of Work and Guarantee Bond. All work and materials performe and furnished by the Developer, its agents and subcontractors pursuant to 113.01 above, which are found by the City to be defective withon one year after' acceptance by the City shall be repaced by Developer at Developer's sole expense - In accordance with Section 7.02 and not in addition taereto, the within guarantee of work shall be secured to the City by an irre- vocable letter of credit, or a corporate surety bond, at the elec- tion of and in an amount established by the City, furnished by the Develcper to the City. Said letter of credit or surety bond 1pall first be approved by the City Attorney, and shall be in additilon to, and not in lieu of any other remedies which may be available to the City to secure any defectis in materials or workmanship. g S - �� 3.15. Liability Insurance. _Developer shall take out and maintain so long as Developer's obligations continue under this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcon- tractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for proper- ty damage shall be not less than $200,000 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to initiating construction. SECTION 4. STA'ruS OF SPECIAL ASSESSMENTS. 4.01. Developer Acknowled(los Special. Btnielil.. The DevuLoper, acknowledges that Lhe subject properly derivcu ":cprc i•rl br•nelil.," a:; Lhdl: Lcu'•m is del incd by pre ;rrnl. co!;e low und(--x Ch,q)Lur- 429 of Minnesot-d Stat,uLos. From Lhe nt-wer• lilt s0,11.iun .uul w.rLor.::upply facilities, trunk and lateral sanil.dr•y Sower 1aciLilies, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improvement Projects. The Developer acknowledges that the amount of such special benefit is not less than the suis of the - following amounts: a. Levied Special Assessments: Parcel No. 25-01--000-0037-000, 20.08 Acres in.part of Gov't. Lots 5 and 6, 1 sewer- and water lateral assessment levied in 1973 in the amount of $4,119.00, payable over 15 years at 7% interest. 1 sewer and water trunk assessment levied in 1980, In the amount of $1,054.96, payable over 10 years at 7% interest. Parcel No. 25-79-500-0001-000. Lot 1. Vineland 1 sewer and water lateral assessment levied on October 1, 1973 in th'e`amount of $4,949.00, which has been paid in full. 2 sewer and water lateral and 3 sewer and water trunk assessments levied in 1980, in the amount of $12,419.98, payable over 10 years at 7% interest. b. Deferred Special Assessments. In addition to the 'foregoing levied special assessments, the subject property is further specially ;benefitted by 68 off - _6_ qts� line sewer and water, trunk unit valued at $320.00 and valued at $380.60, and each unit shall bear interest at October 1, 1973. units, each sewer trunk each water trunk unit said sewer and water the rate -of 7% from 4.02. Spread and Payment of Deferred Special Assessments. All deferred special assessments for said 68 sewer and water trunk units shall be spread and assigned to ,the 52 specially benefitted lots within the final plat, shall be certified to the Carver County Auditor for collection at the time of the recording of the final plat with the County Recorder, and shall be payable in installments of principal'and interest over a period of four (4) years after said certification. 4 6 0"S'. Dieve-l-oper Waiv•; puhlit Ib'.,r•iWi -IndRi'llit ul. Aplw I. The Developer wa.Lves iLs r•Lgit, Lo publLc tte'iring under _§__42__9 —.06-L and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Special Assessments. SECTION '5. SPECIAL CONDIT10N5. 5.01. Fox Path -Cul -de -Sac. A "T" intersection shall be constructed by Developer at the western terminus of Fox Path, with surmountablecurb and gutter, and shall be constructed in accordarrca with plans and specifications approved by the City EngLneer. The westerly extension of Fox Path from said "T" intersection to the westerly boundary of the subject property shall. be platted as a dedicated street but shall not be improved as such until develop- ment on theadjoiningproperty shall require a street connection to Fox Path. - 5.02. Pleasant View Road Access Restriction. Unless other- wise determined by the City Council Lots 1 and 2, Block 2 shall not be permitted direct driveway access to Pleasant View Road. Lot l Block 1 and Lola. 3, Block 2 may access on Pleasant View Road but the accesses' shall be located to maximize site distances. The exact location and design of the accesses shall be approved by the City Engineer. Said restrictions shall be incorporated .,ithin cove- nants and restrictions which shall be applicable to thy, final plat of 1.he subject property :,nd which shal-1 be filed with the Carver County Recorder contemporaneously with the filing of said final plat. 5.03. Watermain Loop. Unless otherwise determined by the City Council, the; City w�termain serving the,.subject property shall be "looped" as that term i's -commonly used by professional engineers, from Lake Point to Fox path along the alignment depicted as "Route C" in the report of the City Engirieer, dated August 10, 1981. 5.04. Building Plans Certification. Due to extraordinary slope and soil conditions, building and site plans for all residences within the subject property shall be certified as having been re- viewed and approved by an architect or civil engineer licensed by Gtr the State of Minnesota. Said building and site plan review and appro- val shall include provisions for slope protection, surface and sub- -7- surface drainage, prevention of siltation, and of trees and prevention of.excessive vegetation struction. the preservation removal during con - Building pads and basement floors shall be constructed at an elevation not less than two (2) feet above the regional flood elevation in accordance %,Ath the requirements of applicable City ordinances. - The terms and conditions of this Section 5.04 shall be made a part of covenants and restrictions which shall be applic- able to the final plat'o£ the subject property and which shall be filed contemporaneously witb the filing of tLe final plat with the Carver County Recorder. 11.0"• I.�e:utlu:nl.:: Ui'dic"It.od uii I'I,il.. I'in•p,•Lii,il ui::cnnrnl.:� for, surface wal:er dreiinaye, i ric IUdi.11(i ponding and sed imcntat;Ion basins and `access thereto, shall be dedicated on the Final plat to the.extent permitted by State law. All such easements not so dedicated shall be granted to the City in form approved by the City and'acceptable for recording in the Office Of the; Carver County Recorder. 5.06. -Streets. All streets within the plat shall be dedi- cated wi h a 50 foot wide right-of-way, and shall have a 28 foot roadway surface with surmountable concrete curb and gutter. All street cul-de-sacs shall have a right-of-way radius of 60 feet, with a roadway surface radids of 40 feet with surmountable concrete curb and gutter. All streets shall be constructed in accordance with City standards approved by the City Engineer. 5'.07. Ponding and Sedimentation Basin Maintenance The Developer shall maintain in good operational order all ponding and sedimentation basins during all phases of construction within the subject property. After formal acceptance by the City, said main- tenance shall be the obligation of the City. 56080 Trail Easement. The Developer shall grant to the 'Iiy a perpetual easement ten (10) feet wide for use a's a City trail,. „yid easement described as follows:..._ A 10.00 foot permanent easement for trail purposes, the center- line of which is described as follows: Commencing at a point a line parallel to and 5.00 feet northerly of the south lines of Lots 19 and 20, Block 1 to a point 5.00 feet or more east of the wetlands area in said Lot, 20; thence in a northwesterly direction 5.00 feet easterly of said wetlands to the north line of said Lot 20; thence continuing northerly to the northwest corner of Lot 22, Block 1; thence northwesterly along the south- westerly boundary lines of Lots 23 and 24 to the easterly right' of -way line of Fox Path and there terminating. It is the inten- tion that this easement be located adjacent to but entirely easterly of any wetlands area in Lots 20, 21, 25 or 26 ofw Block 1; and, therefore, if after.a survey of the area is completed, the above-described easement lies within any wetlands, the Developer shall execute an amended easement agreement with the new description. The form of said easement and exact legal description.shall be ap- proved by the City, and shall be filed before commencement of con- struction of any public improvements. When constructed, the portion of the trail easement on the Fox Path right-of-way may be constructed at the City's expense with a bituminous surface and the 10 foot portion of the easement not in the Fox Path right-of-way shall be surfaced with wood chips. All trail easement construction shall be performed by the CiL.y in ui;r:orilancu WLLh upnclflc,rLloii;{ ,ipi,r•cuvq:yl by Lhr! CityI,.nqineur•. ' .'I. 'I'r.IJ 1 I'.a:.Irunail. 1',I1•k r:II.u--j,•. t:rt-iII l.. N„ (tr,-I.II I I,) I Park charges under Chanhassen Ordinance No. 14 as amended shall be gr•anLed DoveLoper, Us suer i•sstirs ur .lssiyns, lot- Lha grail, ul the perpetual trail easement. 5.10. Park Fees. Prior to the issuance of building per- mits for residential construction with the plat, Developer, its successors or assigns, shall pay to the City the park fee then in force pursuant to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereafter, as said park charge fee may be adjusted' by the provisions of Section 5.9 above. 5.11 Street.Maintenance During Construction. The Developer shall be responsible for all street maintenance until streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said and directing attention to detours. If streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the plat swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final -acceptance of ,aid streets. 'rhe City shall not•be.responsibLe for re -shaping :,aid streets because of snow plowing operations if they are requested Providing snow plowing service does not constitute final acceptance )t said streets by the City. Developer agrees to pay all costs of snow removal done by th. City prior to acceptance of said streets. 5.12. Street Signs. All street, name and traffic signs required within the plat at the time of City acceptance shall be furnished and installed by the City at the sole cost•of the Developer. 5.13. Covenants and Restrictions. Covenants or restric- tions to be placed upon the to s in the subject plat shall be pre- pared by the Developer and shall be approved by the City Attorney prior to recording with the County Recorder. The Covenants and �SJ i Restrictions shall be approved if they are consistent with the re- quirements of this agreement. The zoning ordinances and regulations ` of the City shall govern if inconsistentwith said covenants and'' restrictions to the extent actually inconsistent; but if not in:onsis tent therewith, the standards contained in said covenants and _,restric tions shall be considered as requirements in addition to said City ordinances and regulations. The City shall be held harmless in the.event any.disputes occur involving covenants and restrictions. 5.14. Setting of Lot and Block Monuments. Developer shall place iron monuments at _a ll lot and block corners and at all other angle points on boundary lines. Iron monument placements shall be verified after, construction of improvements has been completed in order to preserve the lot markers for future property owners. SECTION 6. CONSM11VATION h,A:; :MF:NT. 6.1)1. _E.rsament to be t;rtirrti d. DovcIolio •;Iv,iI I grari'L to the Cit/`a perpetual conservation easement for environmental protec- tion and wetland preservation over those areas of Lots 7 through 19, inclusive, of Block l of the plat which lie below the elevation of 900 feet. No credit for park charges under Chanhassen Ordinance No. 14 as amended shall be granted Developer, its successors or assigns for the grant, of said easement:.. . 6.02• Conservation Easement Development Restrictions. All of the following activities shall. be prohibited within the con- servation easement area, including the wetlands as delinated on Exhibit "A", Chanhassen City Council meeting of April 26, 1982 and on Lotus Lake adjacent to the easement area: a• The placement and erection of buildings. structures, and docks and walkways. (Except as providr!d in 5.03.) o• The alteration of vegetation in any manner or form. (Except as providf:d in 6.03.) -- The excavation or -filling of the easement area. r• The application of fertilizers, whether natural or chemical. e• The application of chemicals for the destruction or retardation of vegetation. f• The deposit of waste or debris. 9• Construction of paths, trails and service roads except as permitted by the City. h. The application of herbicides, pesticides and insec- ticides. _10-��, F'( r•m ,nr(l AI)I)r'UV.11 ell P:.t:,•ur••nl 'I'In• Itr•ur irl-1G�• ctni:u.rv,rl-.fou uti:;euu.rrL !;halt Lr: prup;trud-Iry'I.I�c (;iLy. ail, the-expuu_x!. of the Developer, and shall be approved by the City Council prior to submission to the Developer for execution and delivery to the City. 6.05. Inclusion in Covenants and Restrictions The con- servation easement shall be made a part of the covenants and restric- tions applicable to the plat and shall be incorporated therein by reference, and as an exhibit. forming a part of said covenants and restrictions. SECTION 7. ENFORCEMENT PROVISIONS. 7.01. Reimbursement of Costs. The Developer shall reimburse the City for 9• Boardwalks may be constructed to serve as approach walkways to Lotus Lake and/or docks over lands which are 1nLermil;LenLly or purmanently wet. Paths relay be created for dock and boardwalk approaches over 4 dry ground. h• No motorcraft shall be moored or docked overnight at any such docks unless said watercraft is either: (a) currently registered, pursuant to Chapter 361 of Minnesota Statutes, in the name of the owner of the lot served by said dock or in the name of a member of said owner's household. i• Vegetation may not be removed except for a swath uxl(.ndLilt) . uul. r;lx (0) In•u 1. Irti,m c,r+'h t; idt: rr 1- �r tlt i�:•It - Lt; q>cn W.11or. F'( r•m ,nr(l AI)I)r'UV.11 ell P:.t:,•ur••nl 'I'In• Itr•ur irl-1G�• ctni:u.rv,rl-.fou uti:;euu.rrL !;halt Lr: prup;trud-Iry'I.I�c (;iLy. ail, the-expuu_x!. of the Developer, and shall be approved by the City Council prior to submission to the Developer for execution and delivery to the City. 6.05. Inclusion in Covenants and Restrictions The con- servation easement shall be made a part of the covenants and restric- tions applicable to the plat and shall be incorporated therein by reference, and as an exhibit. forming a part of said covenants and restrictions. SECTION 7. ENFORCEMENT PROVISIONS. 7.01. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connec- tion with all matters relating to the administration and enforcement of the within agreement and the performance thereby by -the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the Ci'-y's itemized notice of costs. IF the bills are not paid on time the City may halt all plat development work until tt;e bills art- paid in full. a• The C;ty shall have no obligation to pay such devel- opment costs whether or not the City has approved the work. b• The Developer shall pay the Cit.y',s out-of-pocket expenses previously or subsequently incurred, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of Re Plat. and the preparation of this Development contract. s -.::j '- i. The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, motorized and nonmotorized vehicles (Except as permitted in Section 6.03 of this ordinance). ]• Mooring seaplanes, in abutting waters of Lotus Lake (hereinafter "'the lake"). 6.03, Dockage Within Conservation Easement Area. Lots 16, 1T,-18, and 19, Block 1 shall be allowed one dock for each lot. a. All docks must conform to City ordinances regulating dock construction. b. Mooring of any waLercraft must conform to City or dinances and regulations. c. The dock on Lol If, way he used by Lhe owners of Lots 10-16, BLock 1. No more than seven (7) boats may•use the clock and the owner of any Lot may not, have more than one (1) boat use the dock without the written consent of the City Council. Boats may not be docked or moored on the north side of the dock. d. No dock shall exceed six (6) feel. in width nor shall it exceed the greater of the following lengths: (a) fifty (50) feet, or (b) the minimum straight- line distance• necessary to reach a water depth f four (4) feet. The width (but not the length of the cross-bar of any "T" or "L" shaped dock/shall be included in the computation of lengL-hdescribed in the preceding sentence. The cross-bap'of any such dock shall not measure in excess o� twenty-five (25) feet in length, except on Lot 16{ which,.msy. -b�-®vrrsrzed-su€€3caecrtl-y-.�o.-ao©omoda+ e--.sea+$Fr_-.(.�-}. boat--,-:=�:soh-©vers�r3q_..is_neoessary..to-ae4ouwr]ate - ..e.e.Vo No dock shall be so located as to: (a) obstruct �- the navigation of the lake, (b) obstruct reasonable use or access to any other dock, (c) present a poten- Y t'al safety hazard. No fuel shall be stored upon any such dock. f. No more than five (5) watercraft may be moored over- night at any dock or in front of any lot with the exception of Lot 16, Block 1 where up to seven (7) watercraft may be moored overnight. s - fr -11-- i LAI The Developer further agrees to pay all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. C. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney fees, which the City may pay.or incur in consequence of claims by all third parties including but not limited to other property owners, contractors, subcontractors, and material men. d. The Developer shall reimburse the City for costs inr_urred in the enforcement of this contract, including engin- eering and attorney's'fees. 7.6.2. Security for Pel7formnnce by Ut,vclolrcr• For the pro post of assuring and rlu�irantet inq Lo tht• Cil,y LhiAL- _Lhv impr•ovirmenl Lo hu by -Lho Dtt Vt: Itipt•t• rnhr 1.1-11(•1, I'd, In::I.i l l.•tl ,unl -lura I!.ht•tl a:: no -I fur"I )It 113.01 htrr•uul :; ha1L ht• uuu:; I. t'ut: 1. cd,- LIu; Lal lcd autI l u I'I I i s; I It!tI accordlutI to the Curnc; ul' 1.Iti:: .Alrt•tmcnl .Itid Lh.tl Ilit• lit -vi litlivr t.thal l pay. all Clatncc• lot, work- douo Mud mat'vrials .and supplies 1-u1--- nished for the performance of Lli.i:s ayrvt.rmunL, land tlr:aL Lite Developt.r shall fuily comply with all of the other terms and. provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the costs of the improve- ments described in Section 3.01 hereof, as estimated by the City Engineer, The cash deposit or irrevocable letter of credi!, (Section 3) provided for herein shimll be in addition to any performance bond or other security'requireu by the Riley -Purgatory CreekWatershed District as'a Condition of the issuance of any permit by said'Dis- trict. a• If the Developer does not satisfactorily complete the work this Development Contract requires the City may, -at its option, perform the -work. The City shall give the Developer at least 96 hours notice of the City's intention to perform any such work. However, in ,the event of an emergency as deter- mined by the City, 96 hours notice is not required. This agree- ment is a license for the City to act and it shall not be neces- sary 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 as outlined in 7.03. 7__03: Remedies Upon Default a. Assessments. In the event Developer, shall default in the perform-rnce of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by Developer of written notice thereof, the City, if it so elects, may cause any of the re- quired improvements to be constructed and installed, or may take action to cure said default, and to the extent that the [ 4 City's recovery on the security deposit in 7.03 is deficient, may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement amount of the assessment roll pertaining to any such improvement within four (4) years after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within said plat for any amount so unpaid, and the City shall have tate right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under t:hc laws (IF Ule StrlCi• of Minnc:;ol.•i. In I.110 ovnnl. ul ,nl i•�8�i•r�pv n•y, .c. by 1lu- CII,y L•:nyIt , the uul,Lcc rtrqulr•cuuail. I,o the Ucvcl.Uper Sha - ll be aril i;; hereby waLved in iLs entirety, ,and l.he Developer, shall reimburse. the City for° any expense incurred by the City in remedying the conditions creating the emergency. b. Security Deposit. In conjunction with the foregoing, the City may utilize any rash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of tae improve- ments described in'113.O1 above; and (2) the cost of curing any other, default by the Developer in its performance of any of the covenants had -agreement contained herein; and (3) the cost of reasonable engineering, legal, and administra- tive expense incurred by the City in enforcing and adminis- tering this contract. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action orproceedingat law or at equity to prevent violations of the within development_ contract, to restrain or abate violations of the within develop- ment -contract: SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS. 8.O1. Compliance with Laws, Ordinances and Regulations; Permits. In the development of the plat, Developer shall comply With all laws, ordinances and regulations of, and secure valid neces- sary permits from the following authorities: 490. -14- (11 (2) City of Chanhassen State of Minnesota, its agencies, departments and commis- sions (3) Department of Natural Resources (4) Riley -Purgatory Creek Watershed District (5) U.S. Army Corps of Engineers c 8.02. Proof of Title. Upon'request, the Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 8.03. Duration of Contract. This contract shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this contract. Upon the written request of Developer and upon the adoption of a resolution by the Chanhassen City Council finding that the Developer has fully complied with all of the terms ,of this contract and finding that Developer has completed performance of all Developer's duties man- dated by this contract, the Chanhassen City Manager shall issue to the Developer on behalf of the City an appropriate certificate Of compliance. 8.04. Notices. All notices, certificates and other com- munications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, pos- tage prepaid, with property address as indicated below. The City and the Developer, by written notice given by one to the other, may designate, any address or addresses to which notices, certificates or other communications to them shall be sent when required as contem- plated by this agreement. Unless otherwise provided by the respec- tive parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer 8.05. Binding Effect. This benefit of and shall be binding upon and their respective successors and ment, express or implied, shall give parties hereto, and their respective under, any benefit or other legal or claim under this agreement. 15- City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager Derrick Land Company 1'550' Shelard Tower Minneapolis, MN 55426 agreement shall inure to the the City and the Developer assigns. Nothing in this agree - to any person, other than the successors, and assigns, here - equitable right, remedy or 8.06. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remain- ing provisions shall not in any way be affected or impaired thereby. 8.07. Execution of Counterparts.. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 8.08. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 8.09. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 8.10. Sign Plan. Signs for the purpose of advertising the subject property may be erected in accordance;with '.he City ordinances.) 8.11. Breach of any terms of this Agreement by the Developer shall be grounds for denial of building permits. 8.-12. Shouldan environmental assessment worksheet, environ- mental impact statement be required by the Ctity or another govern- mental entity or agency, the Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. 8.13. Before construction of public improvements or any earth work commences, the Developer shall deposit with the City satisfactory security securing the full performance of this Develop- ment Contract. The amount of the security shall be 110% of the estimated cost as set forth in the attached exhibit. Upon the exe- cution of this agreement the City shall sign the final plat and release the same to the Developer'. 8.14. ..rhe Develuper shall provide a site erosion control plan satisfactory to the City Engineer for the prevention of damage to adjacent property and Lhe control of surface water runoff during the initial construction phases of the project. This plan shall indicate the location of berm and temporary water retention areas which shall be kept in good repair until permanent drainage control is provided. All areas distributed by the excavation and backfilling operations, except for, the future paved portion of the streets shall be reseeded as soon as practical after completion of the excavation operation. In the event that, in the City's opinion, the Developer has failed to adequately.control erosion, the Developer grants the . 4va.ssif r City permission to immediately enter the property and take measures as it deems necessary to control erosion. 3% hereto have caused these pre - year first above written. such I.ANII COMPANY r �r4 8.15. The Developer agrees to�plant two two-inch trees on every lot in the P.R.D. that does not already have two trees. One of the trees on each lot may be an evergreen. The other tree shall be one of the following species: Maples (including Norway, Schwedler and Sugar), Linden American, Linden Littleleaf, Green Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or Oak (including pin and White). A planting plan must be submitted to and approved by the City Engineer. IN WITNESS WHEREOF, the parties Bents to be executed on the day and G I.TY OF',y(1ANHANSEN R' V 1 •'�� hLY� //• M d By �.J Qz:j_ - City Manager STATE OF MINNESOTA) )ss COUNTY OF)N-"V cµ �) i On this " ) day of , 4 , 19 ki, before me, a not ryy"public within and for said County, ersonall appeared and �.a iyl vi Lr to me p rsonally known, who being each by me atfjy sworn did say that they are respectively the President and Secretary of the Cor- poration named in Che foregoing instrument, andthat said instrument was signed and sealed in behalf of said ¢grporaton by authority" of its Board f Directors and said f�Ze<1fr2dP.�-.` and — _, acknowledged said instrument tobetno-,free act an -',"deed of said corporation. hereto have caused these pre - year first above written. PI.31H1CK I.ANII COMPANY r�L- sident Sec�!-Cary i On this " ) day of , 4 , 19 ki, before me, a not ryy"public within and for said County, ersonall appeared and �.a iyl vi Lr to me p rsonally known, who being each by me atfjy sworn did say that they are respectively the President and Secretary of the Cor- poration named in Che foregoing instrument, andthat said instrument was signed and sealed in behalf of said ¢grporaton by authority" of its Board f Directors and said f�Ze<1fr2dP.�-.` and — _, acknowledged said instrument tobetno-,free act an -',"deed of said corporation. ELI STATE OF MINNESOTA) )ss COUNTY OF CARVER-) On this'20 day of 0 LL Ly 190 before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instru- ` nu:nl. in 1.111" Corlmr.1L1: 'teal l,,f n.lid numicip.11 inn, '1111.1 1,11.11 !klid W!jt.t•umunL w,1:; :;11)111!11 and :o,olvd Ill 111'11,111 ul :,,III 11111n1cip'11 u1111nn•.11.t1n1 Ily ,1111.11m,l .y 111 Ile; Elly 1'„1_It.11:a l .1110 !"lid Th"111.1 t I.. liamill,un and Donald W. Ashwurlil :ackl(lowIud(J(!9said iusl,rumunL Lu be the free act :and dl.ed of said mun'1 ! corporal is 1. v Notary Publ)-c; ti 41VJ Y1WV:rvNMV�'N��V , LALiViPf FkONVFltlWb r��u ru,,,,UNNT tdMINN:,STAT. SECTION 386.77 DRAFTED By. fiPalnls serinls 403 W. Nail. Bank Bldg, 161 North Concord Slreel South St. Paul, MN 55075 (fi12) 0-55-1661 -18- 'LAT FOX CHASE OWNER AND DEVELOPER Derrick Land Company 1770 Shelard Tower Minneapolis, MN 55426 Phone: 546-2276 DESCRIPTION: ENGINEER: Westwood Planning &Engineering 7415 Way/ata Bo.ilevard Minneapolis, MN5542b Phone: 546-0155 s SURVEYOR: Egan, Field & Nowak, Inc. 7415 Wayzata Boulevard Minneapolis, MN554^6 Phone: 546-683: All that part of Government Lots 5 and b in Section 1, Township 116 North, Range 23 West Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 1 distant 905 feet South of the North west corner of said Section 1, said point being in the center line of the Excelsior and Eden Prairie Road as now laid out and travelled I and considering the West line of said Section l to be a due Nortn and South line), thence running North 89 degrees 20 minutes East along said c.enler line 170 feet, thence South 3 degrees 3' minutes East 428.3 feet, thence South 45 dr-nrees 32 minutes East 285 feet, more or less, to the shore line of Long Lake, thence Souir,zrly along said shore line to its intersection with the South line of sai Government Lot 5, thence West along said South line 862.1 feet, more or less, to the Sout west cornu Isaid Government Lot 5, thence North along the West line of said Government Lot 5 1715.3 feet, more orless, to the point of beginning, subject to public road rights within the right of way of the Excelsior and .Eden,Prairie Road and subject to an easement for right of way -over that part of the above described tract described as follows: Beginning at the point of heginni"q of t.ie above described tract, thence North 89 degrees 20 minutes East 170 feet, thence South 9 degrees 32 minutes East 33.46 feet, more or less, to a point in the Southerly right of way line of the Excelsior and Eden Prairie Road, said point being the actual point of beginning of the easement to be described, ;hence continu- ing South 9 degrees 32 minutes Ea>t 30 feet, th.'ence Northwesterly to a point in the South erly right of way line of the Excelsior and Eden Praire Road distant 30 fee! West of the actual point of beginning, thence East along said Southerly right of way line 30 feel to the actual point of beginning.: ALSO, Lots 1 and 11, "Vineland". Aq SOX CHi72E 3 L o Tom & Judy Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 CITY OF CHANHASSEN RECEIVED July 27, 2005 AUG 12005 CHANHASSEN PLANNING DEPT Chanhassen Planning Commission City of Chanhassen 690 City Center Drive Chanhassen, Minnesota 55317 RE: August 2, 2005 public hearing for Wetland Alteration Permit to construct walkway and dock on property located at 6440 Fox Path. Dear Sir or Madame, As the adjacent owner of 695 Pleasant View Road I would like to object to the proposed Alteration Permit. Having lived for nine years ourselves at 6410 Fox Path, Lot 6, from 1990 to 1999 it was clear in our subdivision plat that only lots 10 thru 19 has any access to Lotus Lake. While lots 2 — 9 had lake views we were not allowed to directly access the lake. Now we live directly east of Lot 9 at 695 Pleasant View Road. If you did grant them an easement to cross the Conservation Easement (which restricts the placement and erection of buildings, structures, docks and walkways), they still cannot: 1. Reach open water in a straight line direction while maintaining the city code dock setback requirements. 2. Other neighbors would be adversely affected. They are going directly across any future access for 6430 Fox Path. 3. Their proposed location is within 8 feet of our dock not 20' as indicated. They do not show our dock correctly on their survey. 4. They cannot reach our channel without dredging the lake due to 2-4 inches of water depth in the entire area where they are proposing their dock. This area is often a dry bed if we do not receive continuous rains. 5. The length of their walkway and dock is estimated to be at least 440 feet long to no open water. To reach open water is an additional 350 feet at a severe angle to their proposed dock, not a straight line as the code is written. 6. Dredging cost a minimum of $50,000 plus a DNR permit which is very hard to acquire. I just went through this cost analysis recently. 7. Our channel maintenance costs, (weed spraying) would have to be shared and we are not interested in any agreements or partnerships. 8. The Conservation Easement supersedes any Riparian Rights. 9. There is a family of deer immediately to the south of their proposed dock which would adversely affect them. The deer have lived there at least since 1989. Many giant snapping turtles additionally live in their proposed path. It is also home to the Egret, Heron, Ducks and many species of birds. It is also a spawning bed in the spring for the pickerel and carp. Since your staff has also recommended the Planning Commission deny the Wetland Alteration Permit, I urge you to do the same. I would also invite you to see first-hand what the situation looks like by inviting you to our property. Feel free to stop by and walk out on our dock. Sincerely, Tom Meier Page l of 1 Haak, Lori From: JLyon87671 @aol.com Sent: Friday, July 29, 2005 3:17 PM To: Haak, Lori Subject: Wetland Alteration Permit for Marianne McCord & David Sanford I am writing in support of the project Marianne and David have planned. I won't be able to attend the Planning Commission's hearing on the proposal because it's being held at the same time as National Night Out, and our neighborhood is having their annual gathering. Frankly, I'm glad to see someone trying to improve our end of Lotus Lake! I can'tsee any problems being caused by the boardwalk and dock, and their presence can only improve the neighborhood. Regards, Jim Lyon 890 Fox Court Chanhassen 952-470-3593 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES AUGUST 2. 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zom, Kurt Papke, and Mark Undestad MEMBERS ABSENT: Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water Resource Coordinator, Don Asleson, Natural Resources Technician; and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen PUBLIC HEARING: 7305 Laredo Drive & DAVID SANFORD, PLANNING CASE 05-22. Public Present: Name Address Marianne McCord and David Sanford 6440 Fox Path Tom Meier 695 Pleasant View Road Jahn Dyvik 610 Pleasant View Road Lori Haak presented the staff report on this item. Commissioner McDonald asked for clarification on the depth of the lake in this area, dredging of the channel and placement of the dock. Commissioner Larson asked for further clarification on placement of the dock. Commissioner Papke asked staff to explain what responsibility and authority the Planning Commission has in regards to the conservation easement and if there is precedence of the Planning Commission over riding a conservation easement in granting a dock like this. Chairman Sacchet asked why Lot 9 was not included in the community dock and clarification on the city and state regulations for docks. The applicant, David Sanford, 6440 Fox Path provided background information and his wife, Marianne McCord presented more detailed information of their request. Commissioner McDonald asked the applicants to explain what their understanding was when they purchased their home and their definition of open water. Chairman Sacchet opened the public hearing. Tom Meier, 695 Pleasant View Road provided historical background on this neighborhood having lived for 9 years at 6410 Fox Path, which is Lot 6, and now living Planning Commission Summary — August 2, 2005 at the property with the dock directly adjacent to where this dock is proposed to go. He showed pictures and reviewed the letter he submitted to the commission stating his opposition to this request. Chairman Sacchet closed the public hearing. After commission discussion the following motion was made. McDonald moved, Papke seconded that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson who opposed, and the motion carried with a vote of 5 to 1. PUBLIC HEARING: Public Present: Name Address Kevin Clark Town & Country Homes Rick Janssen Town & Country Homes Ed Hasek Westwood Professional Services Kate Aanenson presented the staff report, noting that staff is recommending tabling of this item. Commissioner Papke asked for clarification of the sight line elevations from the Peterson Bluff neighborhood stating a desire to better understand the transition process. Commissioner McDonald asked to see more clarification on the road system in the area. Chairman Sacchet asked for clarification on grading, retaining walls, housing types, access to the wetland mitigation areas, and tree inventory. Commissioner Papke asked for clarification of the parking plan. Kevin Clark, Director of Land Development for Town and Country Homes introduced his team of Rick Janssen, Vice President of Acquisition and Ed Hasek, Senior Landscape Architect with Westwood Professional Services. He thanked city staff for their assistance and reviewed their proposal. Chairman Sacchet asked for a clearer understanding of why they were choosing to go with only one housing type and clarification of the X's on the tree survey. Chairman Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo Drive asked why the item was noticed with variances when no variances were being requested and clarification of the difference between public street, private streets and private drives. Chairman Sacchet closed the public hearing. The commission directed staff and the developer to address the items listed in the staff report along with the following items: show the location of the trail along Bluff Creek, look at the gathering areas to perhaps include playground equipment, look at an additional housing product, and additional off street parking. 2 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 2, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt Papke, and Mark Undestad MEMBERS ABSENT: Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water Resource Coordinator, Don Asleson, Natural Resources Technician; and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen 17cZ�F��S't�57�TIR� AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH, MARIANNE McCORD & DAVID SANFORD, PLANNING CASE 05-22. Public Present: Name Address Marianne McCord and David Sanford 6440 Fox Path Tom Meier 695 Pleasant View Road Jahn Dyvik 610 Pleasant View Road Lori Haak presented the staff report on this item Sacchet: Thanks Lori. Questions from staff. Go ahead Jerry. McDonald: I've got a couple questions for you. You may or may not know the answers. At that end of the lake what's the depth of the lake? Haak: Well I can only say with what we've seen and there have been other dock issues in that area. In the channel, that area of the lake, the center of that is about 4 feet deep max. Even out in that area, it is quite shallow and actually we saw the presence of floating bogs or actually sediment that was showing up at the surface in and amongst the aquatic vegetation so it is quite shallow. Planning Commission Meeting — August 2, 2005 McDonald: Okay. One of the other things in your report was, you talk about I guess the existing docks. They dredge those channels out. How often is that dredged and who pays for it? Haak: Actually I'm not, I couldn't state for certain that it was. I do know that there would probably need to be some dredging in order to accommodate this dock. But I think in the past they may or may not have been actually dredged. I'm not sure. There may be some people here tonight who can speak to that better. McDonald: And then the other thing you talk about is that, in putting the walkway and then the dock, you talk about the jog that's going to have to be made in order to get, I guess to miss the existing dock there, the far western dock which is pretty much right on the border. Aren't they going to have to go across the property of Lot 10 in order to get out there to make the jogs that you're talking about? Haak: Yes. Actually that is. There's a little bit of a discrepancy. There is a little bit of an uncertainty as to whether or not the applicant has the right to do that. Typically the interpretation that staff makes, and I believe the DNR makes is that you really don't have a lot of property rights below the ordinary high water mark of your property simply because that's where the DNR jurisdiction takes over. And that's something we'd have to check with the attorney about. I haven't actually asked that question but that is a point that would definitely have to be. McDonald: Okay, and then is that the same thing with Lot 8 because at that point if they now have property below the ordinary high water mark and they want to put a dock out, then we end up trying to put 3 docks in that particular area. Haak: Yes, that's correct, and that's one of the concerns. McDonald: And then we go down through and we have to cross over Lot 10, then Lot 10 which is governed by this common dock suddenly wouldn't they have rights to this dock also or at least be able to say I want access to it by? Haak: And I don't know the answer to that question. That's something that we'd have to check with the attorney. McDonald: So we potentially could be opening up a can of worms there as to. Haak: Correct. McDonald: Now, you talk about in the beginning when all this was put together and the intents for Lots 1 through 9 as it was negotiated with the developer before any of this was cut out the developer agreed that Lots 1 through 9, as he put them together, would not have lake access. So all of that was put into the original agreement in order for him to get the development. Haak: Well it wasn't stated that way. Lots i through 9 weren't addressed really. Lots 7, 8 and 9 do have the conservation easement because the 900 elevation does cross those three additional properties but the only lots that were addressed specifically were Lots 10 through 19. So it 2 Planning Commission Meeting — August 2, 2005 didn't, it didn't say that they didn't have, you know it didn't explain that they didn't have dock rights but they were left out what appears to be intentionally. McDonald: So Lot 9 wasn't discussed but your position would be that when the conservation easement was put in, that covers Lot 9 as far as... Haak: Oh absolutely. Absolutely. McDonald: Okay. I have no further questions. Sacchet: Okay. Any other questions? Larson: Yeah, I've got one. Sacchet: Go ahead Debbie. Larson: Can you point on your aerial view where the proposed dock would be? I was a little unclear as to where that was supposed to go. Haak: That would be the end of it. Larson: Okay. Would that be this permanent pier, whatever you want to call it, that would be there forever? Haak: Yes. Larson: And then there would be an additional dock added to that. Haak: It would depend on where the, in most cases when we make this recommendation you have the wetland that you're crossing then you need to cross additional open water, so it may be the case that in this instance they would not need to cross additional open water so therefore there would not need to be a seasonal component to it. We just haven't established that yet because we're not exactly sure of where it would need to be aligned. Larson: I see. Okay. Haak: In order to get access to the lake. Larson: Okay. Papke: Two questions. Reading, it almost seems like a legal issue. Could you please explain what the responsibility and authority of the Planning Commission is in regards to the conservation easement. Now that easement is a legally binding document. I mean do we have the authority to over ride that with this wetland alteration permit? Where does our authority come in here exactly? Planning Commission Meeting — August 2, 2005 Haak: Do you have any, okay. Aanenson: The conservation easement, as Lori indicated, was a condition of the original approval. All you can do is recommend to the City Council who would have the authority to remove that conservation easement. So the City Council would have to be the one, but you would make a recommendation. Papke: Okay. Okay, got it. The other question I have, is there a precedent for the Chanhassen Planning Commission of over riding such a conservation easement for the granting a dock like this? Haak: I'm not aware of any. Papke: So this would be the first time we would ever do something. Haak: Right. Typically when the city vacates conservation easements, it's because there's nothing to conserve any more. We've done it in instances, I know in Longacres as an example where the trees got cut down for some reason or another with the house building or the development or something like that. Papke: But specifically for the granting a dock like this, for the granting of that. Haak: Yeah, I'm not aware of any. Aanenson: The other point that I wanted to make is, again as Lori indicated is that there was a lot of history that went into the discussions of how to get those, so there was kind of a compromise. In order to get the dock there was conservation easements... discussion and we're not, those notes in the file but not to the depth and breadth of really what all those negotiations, discussions were so going forward in time we're trying to go back and kind of re-create what those discussions were. It's our belief there was a strong purpose for putting that in place and that was strictly to limit the boats and the docks on the lake. Sacchet: A couple more questions. Is there any knowledge or wisdom why Lot 9 was not included in the community dock? We don't know anything about that? Haak: No. It was, like I indicated earlier, it just wasn't even brought up. Sacchet: Now obviously looking at the aerial photograph, there is no open water. I mean it's all vegetation so they would have to be, the vegetation would have to be cut to make a water way. Haak: Potentially, and again the applicant, in my conservations with the applicant, the applicant is interested in extending the dock. They do believe, and I think they'll share this in a minute, but that they can get a dock extended into the end. Sacchet: Of the existing water way there? 4 Planning Commission Meeting — August 2, 2005 Haak: Right. In order to gain access. Sacchet: So it would be minimizing the amount of. Haak: That's correct. Sacchet: Now I don't quite understand why Lot 8 keeps coming up. It seems like that one is quite a bit further removed from actually the water. Haak: In, this is actually a copy of the preliminary plat. This isn't the actual recorded version but it does show documentation that the 896 point, well 896 contour, which is right here, does extend onto Lot 8. And based on the applicant's most recent survey and the surveys of other properties in the area, it also appears that that hasn't changed. That that is consistent, so there would be some shoreland frontage. Sacchet: That little corner would be sufficient to consider that that lot has riparian rights? Haak: Yes, because they can. This crazy little drawing is the illustration of the dock setback zone and how our code reads as far as interpreting dock setbacks. What the code says is you connect two points where the ordinary high water mark meets each property line and you connect those with a straight line, and then you draw at a 90 degree angle a 100 foot line, and then where those overlap on neighboring properties, you split the difference. So, and they have to meet a 10 foot setback from that. Following? It takes a couple times reading through it to get it. And it's probably taken me the 5 years I've worked here to figure that out but, so that's how this, which is called the extended lot line is derived and then the yellow as shown here is the dock setback zone. Sacchet: So the blue is actually Lot 8? Haak: The blue is actually Lot 8, so they would be able to, you know if there was a 10. Could you get me my scale please. The one line I didn't put on here. I think this is 40. So if you look at a 10 foot setback here, there is actually about 10 feet right in the middle there that we would be talking about. Sacchet: But wouldn't it come to a point further south? Haak: All you extend the lot lines are 100 feet though. So that's all they have to meet the setback for. So as long as they meet the setback at that 100 foot mark, it's fine. Which is why this dock, well actually this, why this extends past the green here. And it kind of jogs over is because they don't have to meet the setback. Sacchet: So it has to be 10 foot from the green there at the 100 foot, and then basically it's free for grabs? Haak: Yes. Yep. When I put these together it got a little shifty but I think this shows the idea. Planning Commission Meeting — August 2, 2005 Sacchet: That's good information. McDonald: Can I ask a follow up? Sacchet: Go ahead Jerry. Go. McDonald: On that particular one, didn't you say earlier that anything below the ordinary high water mark on the State is considered the lake and no one's really got rights within there. It's the State. Haak: Except that the City has adopted this additional requirement of a setback. McDonald: Okay. Sacchet: Okay, well this is very helpful Lori. Thanks for explaining this. Any other questions? Thank you Lori. With that I'd like to invite the applicants to come forward and tell you your view. Tell us your view of what's going on here. This looks like an interesting. Welcome. If you want to state your name and address for. the record. David Sanford: Yes, I'm David Sanford and I live at 6440 Fox Path. I'm going to start off with some, a couple points to Lori's presentation and then just some overview of kind of how this process started so there's some background and my wife's going to get into a little more detail to the specific points. You know first thing I think the absence of nothing written about Lots 8 and 9 does not assume anything. So nothing written does not make a point. There's contradictory remarks on Lots 16. One is it had an independent dock and one is it doesn't. It does not. 17, 18 and 19, 10 through 16 have the shared dock. I just want to clarify a couple points because that went back and forth. And I think that proves that some of the things that were written in that original thing had changed. And Lot 16 was one. But kind of some highlights. First, we bought our house in '98 so well after the development of the project. There was no mention of any conservatory in our closing documents and we refinanced. Checked the title insurance. No mention of this conservatory in any of that. The goal of the conservatory is to protect the environment. We have done probably more than a lot of other folks in the conservatory nature. First, we use state approved and natural fertilizer. We do not use phosphorous based ones. We planted over 20 to 30 trees in different varieties in our yard and into the berm. We've reduced the turf in our yard by over 50% where many folks have extended turf against the conservatory option with no input from anyone out there. We've not used any sealant on our driveway to affect the environment. We don't change our own oil on our property. And my wife's an active participant in master gardeners in the Arboretum. When we first contacted Lori about this, it was actually in the purpose of offering our home to be, how to environmentally lakescape your property. So we're very much into the conservation of our property. And the first purpose of calling this was not really to build a dock but to understand the rights are of some other docks that were built that were extended well beyond their original area, so it was more into understanding the purpose behind the lakes. We then asked in April, to Lori's point, you know hey, why can everyone build a dock and seem to do whatever they want on the lake and we seem to have a lot of lakefront property. Lori very much encouraged us to pursue this issue. And so we've, you know we looked at that and we saw that a lot of people were changing the docks and 0 Planning Commission Meeting — August 2, 2005 extensions. We discussed the impact of the environment on this end of the lake and Lori said at that time things were, I think the term we've kind of wrote down, were a bit fuzzy at this end of the lake. So we knew there was some challenges around it. Our original survey, as I think she showed getting to a point, which was an error. We actually have open water. In fact you know in reality I think 26 feet of open water we understand is required. We have about 100 feet of open water on our property. And then Lori strongly encouraged us to get a survey for our lot and actually indicated how beneficial to the city this would be to clear up many issues on this end of the lake, and some of the changes on that were specifically requested by Lori during our survey and then my wife is going to get into a little more detail. Marianne McCord: The map that we used, or that she used. If you could put up this map. Haak: Oh sure. Marianne McCord: It's a little confusing because ... he thought this was all vegetation but it's water vegetation so depending on what time of the year you take the picture, sometimes it will look like open water. Sometimes it doesn't. These right here are actually two lots, and so there's open water for this in combination with the second one is about the same amount that we have open water. One of the other things that has been brought up was this part about 8. Well, there's a open high water mark here and it goes this way but if you would just use the open water that we have on our lot, that's Lot 8. So I'd like to go over ... and I'm going to just address them very briefly. Again my husband talked about lake preservation and we very much want to go ahead and use the dock. It would be a very simple dock. We don't want to, when we first moved there, these two docks right here were just a straight, long dock and that's all we want. We feel that in a way our lot is being asked to do all the preservation at this end of the lake and then other lots don't even have to follow the same things that we have to follow. We are good stewards of the land and we, again my husband spoke about the conservancy. Issue number two is reasonable access, and we are besides 9, we are the only ones who, Lot 9 is the only one that has the open water. Open water. These do too but then somehow in the original lot, or original surveys they went ahead and gave them dock use. If you go around the lake right here, we're the only lot that doesn't have either an access to a dock or a dock. Everybody else does. Encroachment into drainage Swale and utilities. If my husband can pass this out. One of the reasons why we went ahead with the dock that we went with was because we talked to Lori and Don and they had initially said these things ... and it saves us money anyway so we would be happy to do that. Four is dredging. I actually called Lori because we had 4 bids and during one of my calls somebody had stated that some people at the other end, my end of the lake were thinking about dredging and would I go in with them because it would spread the cost and it would be great, so I called Lori and I said well is this even possible. Can we do that as a conservation effort and you know what were the issues, so when we personally went down there, you can go back down to that part of the lake. We were down there with some friends and they have a boat, depth finder and it is 3 feet so we feel that shouldn't be a problem right now with dredging. Again issue 5. 7 and 8 are part of the conservation effort but again they have no open water on their property. You also brought up something about in our area perhaps has there been a precedent with this. There's been a precedent in our neighborhood In this big code of how many inches Lori did you say, just hundreds of paper, we have a public trail and for 15 some years nobody did anything about it so all of a sudden we were going to lose that trail and we had 7 Planning Commission Meeting — August 2, 2005 to go with the city. We went, we planned. There's some people who wanted it. Some people who didn't and they actually altered it from what the original documents were. So it was supposed to be 10 feet with so much easement and they went ahead and switched that. Again sticking with then finally with issue 6. Again the ordinary high water mark can only be an estimate on Lot 8 because they haven't had that before, and this lot right here has changed the ordinary high water mark so you cannot take a point from here to here and know exactly where it is because it's been changed. And our lot actually wouldn't require an easement because if you follow, where's your, you know with all the negatives... If you follow in here, Lot 8, yeah Lot 8, then we too can go off to this area and this then becomes our, kind of a variance so if you're applying that rule over here, you then have to apply it over here and we have no problem cutting that and doing that. So I guess the part that we have a problem with and why I called Lori way back in April, and I had contacted her even 2-3 years ago, was that it didn't seem that things were being fairly applied to my lot, the lot next to me and I just wanted to make sure that (a), I was conserving well by being a good steward of the lake, but also what they got to have, I can have. Sacchet: Thank you. Anything more Dave? David Sanford: One more point. You know as we went through this process, I think the other point that I want to make clear is, we worked closely with staff and had numerous meetings and literally encouraged. As a matter of fact during our survey process staff came out to ask for extra points on the survey that they wanted, which cost us about an extra $500 for our surveyors, and we were very much encouraged that this would be a supported thing, so quite frankly we were dismayed and a little bit surprised by the staff report, based upon the 4 months previous of our actions and working together. Sacchet: Thank you. Any questions from the applicant? No? Okay, thank you very much. Yeah, you have one? Go ahead Jerry. McDonald: When you bought your house was it sold as having lakefront property? Marianne McCord: It said we did. It said that we didn't have a dock. David Sanford: It said that we didn't have access to the shared dock. We knew that and we knew we had lake view. We knew we had water. Marianne McCord: We knew we had water but again if you went back to the original lot on the survey, I don't know where that one is. That one unfortunately showed us, and in fact that was 2 or 3 years ago I contacted Lori and at that time she was giving me that 26 feet, 10 feet on each side and a 6 foot dock and she said, well you know she was looking at it and I was looking at it, We thought it just came to a point when in reality it comes out like this. So we had more than 26 feet of open water and adjacent to a point so again I think the problem was, in the 80's when it was extremely fuzzy, and we were working, until we figured out exactly what our survey is. And I was a little confused with that too because I think the survey is supposed to be legally binding. I mean you're not supposed to switch it. It shouldn't have been just ... it should have shown that we had more. 93 Planning Commission Meeting — August 2, 2005 McDonald: Okay, so I'm understanding this about you keep mentioning open water. Where the 64 feet is at on this one where it shows the dock coming down, that would be open water so the boat would actually dock there and you wouldn't have to go out beyond the dock next to it? Marianne McCord: Well what happened here was, again while we were going through the survey and costs, we realized that this next dock was less than 10 feet on what was considered our property line. So we were a little confused about that and again Lori, it was the 100 feet kind of thing like that. So depending on how we come up here, we could probably have done just parallel to that and now that we've heard concerns, we would bring it over to the ordinary high water. Bring it up to within 10 feet of what is considered our property line, and then bring it parallel over so it wouldn't be 64 feet. It'd be much less. McDonald: Okay, and at that point would there be access problems between your dock and the dock next to it? Marianne McCord: No, we would try, well no because that wouldn't be fair but no, we would go ahead and move it back over here. Then move it back up. Here's where this comes in. Again the water actually comes down to about here. That's this ... and then we would just bring it up here and run it parallel. And we only want a very, very simple dock. Larson: Because it really does appear close. Marianne McCord: But these two docks are very close too, so it's been done before. McDonald: Well if you bring your dock across, what impact does that have on Lot 10, which is the one next to you? Marianne McCord: Again we would be out, if you see the line right here... and survey and then if you go back to Lori's, this part, it would have absolutely no impact. So regardless of which way you want to look at it, on that survey or... David Sanford: Lot 10 does—have access to the shared dock. Marianne McCord: Community dock. David Sanford: But we don't believe that anything we do would cross into their property line... Sacchet: Any other questions of the applicant? No? Thank you very much. Now this is a public hearing so I'd like to open the hearing and invite anybody who would like to comment to this topic to come forward now and let us know what you have to say. If you would please state your name and address for the record please. Tom Meier: Good evening commissioners. I'm Tom Meier and I'm at 695 Fox Path. Or pardon me, Pleasant View. I used to live in Fox Path and I addressed a letter to the Planning Commission this week. We lived for 9 years ourselves at 6410 Fox Path which is Lot 6. From E Planning Commission Meeting — August 2, 2005 1990 to 1999, and it was clear in our subdivision and it's in the by-laws of the subdivision which are attached to Lori's report that only Lots 10 through 19 had access to Lotus Lake. While Lots 2 through 9 had lake views, they were not and we were not allowed to directly access the lake. And the reason is, it's a conservation easement which is a lot different than a utility drainage easement. We now live directly east of this property at 695 Pleasant View and I am the dock adjacent to where they're proposing to go. And I had a number of points that I put in my letter. The first one, to reach open water in a straight line direction, while maintaining the city code dock setback requirements, which is a straight line to open water, and if you stay within the easements of this drawing, they will hit the shoreline. Because this, does this show up? This line, if you allow rights here, he also has the rights and their blue lines where it cross over the orange lines so you split the difference as was indicated. So they would then have to come out this direction. Here's my dock over here. They're proposing to come very close to my dock but you would in effect have to come this direction, but they're crossing Lot 10 and Lot 10, it also has the same riparian rights which changes this line right here. You now have to get this ordinary high water mark to determine the riparian rights of Lot 10. So I believe Lot 10 riparian rights, the high water marks are about here and here, which means their line would look like this so they'd split this difference and they'd have to come in here and in here and somehow still cross this lot. And they are now intruding on the space of Lot 8, so if they've got a direction out of here somehow, because Lot 10 granted it or you did, they would just go onto the shoreline because the city code requires a straight line direction. This area by the way is very shallow. It's 2 to 4 inches of water currently and if we don't get rain it will dry up to a, it will completely dry up. There is no water typically in the area that they're proposing and they want to extend their dock from their house, quite a ways behind their house. There will be 440 feet from their back yard to the end of my dock. And then to get to open water they would have to dredge from their dock around their dock to that channel which I just went through this to get a dredging permit, if you can get one. The DNR will probably will fight you and not grant you one but the minimum cost to get a dredger is $50,000 because it's such a complicated process. This is considered protected environment but it's contaminated soil. You have to remove it. You have to put it in an enclosed environment until it absolutely dries out. They have to mix it with good soil and re- process this and then haul it back to the earth and put it back in. It takes a year to do this and it's a very involved process. There's only one dredger around. That's Minnetonka Dredging. I talked to him about it and it's a very complicated process. But trying to get a DNR permit is almost next to impossible. That channel has been there for many, many years and it's basically dredged out from boat traffic, not from any other kind of dredging so. Our, so your other neighbors are going to be adversely affected by their proposal, plus you're going to set a precedent for the whole subdivision which allows everybody in that subdivision to go back to what you're calling lake frontage. The reason 10 through 16 have a common shared dock is they're all in wetlands and they're all on vegetation. When you get to dock number, or Lot number 17, 18 and 19, they're actually on the lake. They have pretty good lake frontage. But 10 through 16 have all kinds of vegetation and I've got pictures that I want to show you as well. They're proposed extension by the way was within 8 feet of our dock because they failed to draw. There was a proposed drawing. My dock actually comes out to the end of this dock. It's a U shaped dock and then there's a platform, viewing platform that goes 8 foot out to that direction. So the way it was proposed to us, it's too close. The channel is maintained by, with the weeds by myself. It gets complicated trying to get neighbors to share in these costs and I'm quite frankly not interested in partnerships or agreements. Our land is private. It's separate from 10 Planning Commission Meeting — August 2, 2005 the Fox Chase subdivision. The Fox Chase subdivision when it was established, ended up with this conservation district and that's what is governing this whole discussion. And this conservation easement supercedes, again I want to reiterate, supercedes all riparian rights. There is a family, there's a lot of wildlife down there. There's a family of deer right where this dock is proposing to go through. There are, a lot of people don't know it but there's giant snapping turtles that live in that wetlands and they're absolutely huge and there's all kinds of birds and wildlife that live back there. And as far as the fish, in the spring that's where the pickerel and the carp mate and it's a quite active area. So you'd be going through and destroying a lot of the vegetation and lake, or what little water there is, and affecting the fish. In the spring, this is a view in front of my dock. And it's very shallow. This is high water in the spring after all the rain, but there is mud where they would have to, this is not silt. This is actual mud that they would have to remove, which means they'd have to dredge. This is a little different angle of the same. There's a thing on my dock, so looking to where they want to navigate, and again there's 2 to 4 inches of water where you're looking around that mud. This is what it looks like right now. Coming off the dock. They put a survey stake here next to my dock. And looking at it, it's solid vegetation. There's just a slight amount of open water but that will fill in with vegetation as well. Haak: Just for reference, that stake, if you could remove that last picture Tom real quick. That stake is where the McCord/Sanford property comes to a point. That appears to be where that stake is so. Tom Meier: What that stake represents is lakeshore. Okay? You have 3 different things. You've got lakeshore. You've got a wetland and you have this high water mark. So there's 3 lines and the stake is where the lake actually starts. And the wetlands is back kind of in the middle and then there's the high water mark, so high water mark is simply an elevation above sea level. It's 896.3. These are just more shots at the end of the dock. Trying to show you the vegetation. I took this shot to show the water depth. We can, if you saw the picture up close, you can see into the water and how shallow it is. This is looking back from the end of the dock towards their house. Their house is back here. Again, that's my dock. It's 550 to 600 feet from the end of my dock to their back door. Marianne McCord: From that point it's 466. It's on the survey. Tom Meier: It's where the dock would start and to their house. It's further and then they still aren't in open water and you can't just go out there and turn your docks. The city code says you have to go in a straight line to open water. These are just more shots. I took these shots this morning so they're quite current. Oh here's, there's the shot of the water depth. You can see again if you want to look at this up close you can see the bottom. It's not very silty. It's mucky. So a lot of people think you can just go in with an outboard and open that up but you can't. It's very, very dense. I looked up on the DNR site the definition of a conservation district and, easement I should say. And I'd like to read this paragraph. Conservation easement means a non -possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property. Assuring it's availability for agricultural, forest, recreational or open space use. Protecting natural resources. Maintaining or enhancing air quality, water quality or 11 Planning Commission Meeting — August 2, 2005 preserving the historical, architectural, archeological or cultural aspects of real property. Now holder means the government body empowered to hold the interest in the real property under the laws of the State, which is the City of Chanhassen and that's stated in the agreement with the developer and the City. So you are the holder, not this commission but the City is the holder of this easement. And it's there for conservation. And in the conservation it states that no dock, structure, building can be crossing through a conservation district. So again that supercedes. There was a question earlier about the judicial actions. Again this is looking at the main part of the code of the DNR and judicial actions is an action affecting the conservation easement may be brought by an owner of an interest in the real property burdened by the easement. A holder of the easement, which is the City. A person having a third party right of enforcement. A person authorized by other law. So it's very narrow who can affect the changes on these kind of districts so being that there are no rights to the lake, being that the conservation easement disallows it and there is drainage and utility easements through the same area, it's, it would adversely affect the laws. And I think that's pretty much what I wanted to present. Any questions? Sacchet: Okay, thank you very much. Anybody else wants to address this item? This is your chance. Seeing nobody, I'm closing this public hearing. Bring it back to commission for discussion and comments. You want to start Kurt? Papke: Sure. I'm adamantly opposed to this application. I think it's bad for the lake. It's bad for the neighbors and it puts the city on a very slippery slope, pun intended, in regards to making precedence with easements. The conservation easement is very black and white. It states it's a perpetual conservation easement. Perpetual. Names Lot 7 through Lot 19 inclusive. Specifically prohibits docks and walkways. Alteration of vegetation in any manner or form. I think this one is about as cut and dry as it gets from my perspective. Sacchet: Okay. Thanks Kurt. Deborah. Zorn: While I feel for the homeowners and they feel like they're the only home without a dock accessing the lake, I would have to say I would side with adhering with the conservation easement as well. Sacchet: Okay. McDonald: Well I believe you could put a dock in there that would not impact on the area. I have seen quite a few areas but the problem I have is the easement that was negotiated. That was part of the original development. It should have been on your title. If it's not, I'm sorry but you know, whenever they do the searches, the easement should come up. That is a restriction on property use that is there. It is law. It follows the property and because of that I could not support it. There is just no way around it and if we start trying to do that, we're opening up a big can of worms. Again this was negotiated several years ago as part of this development. Everyone was on notice. They understood what the conditions were and because of that I couldn't support it. Sacchet: Okay, thanks Jerry. Debbie. 12 Planning Commission Meeting — August 2, 2005 Larson: Boy. I actually went out and looked at this on my kayak and I looked at the area and it is very shallow. However, in looking at the dock next door I'm seeing that he's quite close to the line as well and he's got a jog in his straight line and so there's an issue here. I guess I wouldn't be terribly opposed to having the dock just because it's not going to make a huge difference compared to what's already there. However, the conservation easement is pretty big and it's very clear cut what it says that you're not supposed to put anything on it. But my main issue is the fact that the developer didn't put it in the original, you know he covered through Lot 10 and it was very clear that he intended possibly to have lake rights or dock rights for those lots and not your's and it wasn't lined, outlined in there that it was to include Lot 9 and it looks like perhaps it was, it was such a small portion at the time that he looked at it. As I say, I'm a little bit, I could go either way but leaning towards perhaps not allowing this to go through as well. Sacchet: Okay, thanks Debbie. Undestad: No comment. Sacchet: No comment? I do want to point out just two things. We heard from one resident speaking against it. We also got written comment from another resident that is supporting the applicant in putting the dock in. And then I further want to point out that this is a recommendation with City Council that ultimately City Council will make the final decision on this. Other than that I don't really have any specific comments. I think it's an unfortunate situation that in the original situation this was not considered, that there is water on that lot. It's also unfortunate that the conservation easement apparently wasn't discovered until quite far into this process because without the conservation easement it'd be clear that the lot has riparian rights, and obviously that came as a not very pleasant surprise for the applicant and all of a sudden there's this conservation easement. But you made it very clear from staff's side that the City Attorney stated distinctly that the conservation easement supercedes the riparian rights and I think that's only the fulcrum of what we have in front of us here. So that's my comments. With that somebody want to venture a motion please? McDonald: I'll make the motion that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. Sacchet: We have a motion. Do we have a second? Papke: Second. McDonald moved, Papke seconded that the Planning Commission recommends denial of the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson who opposed, and the motion carried with a vote of 5 to 1. Sacchet: So this will go to council on August 22°d and I encourage you to present your case there and see what the situation will be. Thank you very much. 13 SHARMEEN/BOB AGENDA CHANHASSEN CITY COUNCIL MONDAY, SEPTEMBER 12, 2005 CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD 5:OO P.M. - CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A. 5:00 p.m. - Joint Meeting with the Park & Recreation Commission. B. 5:30 p.m. — Joint Meeting with the Environmental Commission. C. 6:00 p.m. — Update on 2005 Industrial Replacement. D. 6:30 p.m. — Item Deleted ** 7:00 P.M. — REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. a. Approval of Minutes - City Council Work Session Minutes dated August 22, 2005 - City Council Summary Minutes dated August 22, 2005 - City Council Verbatim Minutes dated August 22, 2005 Receive Commission Minutes: - Planning Commission Summary Minutes dated August 2, 2005 - Planning Commission Verbatim Minutes dated August 2, 2005 - Planning Commission Work Session Summary Minutes dated August 16, 2005 - Park & Recreation Commission Summary Minutes dated August 23, 2005 - Park & Recreation Commission Verbatim Minutes dated August 23, 2005 b. Approval of Purchase Agreement for West Water Treatment Plant Property (Lake Harrison Development) and Accept Donation of Land. C. Resolution Approving the Use of the Southwest Regional Light Rail Transit Route as a Snowmobile Trail. d. Approve Plans & Specifications; Authorize Advertising for Bids for the 2005 MUSA Improvements, Phase I — Project No. 04-05. e. Approve Consultant Contract for 2006 Street Improvement Project No. 06-01. f. Item Deleted ** g. Resolution Decertifying Gateway Tax Increment Financing (TIF) District #6. h. Approval of Cell Tower Lease Agreement with T -Mobile. VISITOR PRESENTATIONS PUBLIC HEARINGS - None UNFINISHED BUSINESS NEW BUSINESS 2. TROY AND VIRGINIA KAKACEK, 380 West 86`s Street, Planning Case 05-18: Hard Cover Variance Request for a Single -Family Home. 3. MARIANNE McCORD & DAVID SANFORD, 6440 Fox Path, Planning Case 05-22: Wetland Alteration Permit to Construct a Walkway and Dock. 4. PROPOSED 2006 BUDGET: Approval/Certification of Maximum Proposed Levy to the Carver County Auditor. 5. F aj- swv rep+r, C�nr �ir �a� �41A WG41)�. COUNCIL PRESENTATIONS V ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE DISCUSSION ADJOURNMENT A copy of the staff report and supporting documentation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday. The following item was published and then deleted from this agenda: D. Review Liberty on Bluff Creek Development. If. Resolution Authorizing the Sale of Assessment and Water Revenue Bonds/Reimbursement Resolution. GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. 1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. 5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan's Restaurant & Bar, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. City Council Meeting 4117`/2005 History • No mention of conservatory in any closing documentation aL For the past 2 VP�wP have done a Int con sery lti�orts • State approved and recommended natural fertilizers gIrl =--, 1 r�1I:w I Is a i:- 1 ..-.- • We have reduced the turf in our yard by over 50% L Mie-hay—notuse d sealant on mir dd eway • We do not change our oil 11..: 11' 1: I"1 M 1. ■ 71y, Am in AM 1/Y Y. 11' 11 I • In fact the first meeting with Laurie Haack was via this purpose as we offered our home to_be_a model for laksraging • The purpose of our first discussing this issue was not an issue of building a dock bW the general u e of the lake and tc thpr mnr_h IargerdnAm an this side of the lake. �1 a April -05 -during the%e disnnscinns it was bmught up why- offia w r allowed docks and we were not — Laurie encouraged us to pursue this issue. Marianne ealled_i aerie to- dicrucs Nntth end of T.nhis Lake— a new " was installed on the lake a couple of properties that was extremely large with an extensinn installed, We-disrllsse d the imi art of the+ environment on this end of theJake. • :Laurie use the term"things were. a-bitfirzzy" at this end of the- lake- • Our original survey shows our lot comes to a point, which was an error — we in facLhave_oppn water -(which ;n r aaUy dnegnnt a,.urye tdhn;hl a rlock o ly 26 feet needed and we have about 100 ft) • Lanrie.enen, eti tagetsurveyforourlot how beneficial to the city to help clear up many issues that did not pertain to our properly orour mquestforth�dnr.k Thigsuncey waQ no—r nee apps cation and only a plan for a dock was required. The cost of the survey was $2,000. W7ediscussed the i nhis Flowers_and Laurie confirmM this wag an uffian myth and their was no protection. In May 0i— duringthe survey pmeew Marianne cnntacrher know the survey was in process. 4t i auric came not du ngAbe %Lnw—yy pme�-geand renuestal ddit;nnal Highh water marks and guide surveyors to document additional points — this was at an a dit;nnal cosUo-ugofahout 5500. • In June 05 — Laurie and Don Schleason came to our home and set on our deck viewing our property — a- They brought over the fnrms nP.PdPA and told us the of dock -needed to minimize the disruption to the area. They asked for the dock to start at a certain pOinLand_we_dt(Lwhatwas r ester) and later the report said that_wasAot the place to set dock and we did what was requested. WCe offere�t� Arta h . as mnded for how to -UW -the, lake and_pwlt ct the environment around it- a- Again she indimtefl we are Qp/ncurP that we he able to build amay be a couple of bumps due to some other issues with folks with docks att s aside of thf lake. a She_e_Xpla;ned the pro .ess that the staffirepares a mpnrtfnr thC_planning commission who then make a recommendation for the city council. She indicates again-that,she sees this as ahcn_ ljv mpnahlem • By the end of the June we have received bids from 4 dock companies and field the proper form- for- application to h»;ld a deck. • Each of these dock companies has seen no problem in building a dock and m;n;m;z;ng;mnTto the eny;rnnment • Subsequently Laurie requested us to delay the planning commission meeting due tabeayy itinerary and_we_happily enmplied Inaddition we weraaskrdA4 same for city council meeting Tn _ LauteA C 11C tarnmr }nthe -to eviPw comp maYErials`and thought it would be easier to show us some information. Both her Don were there andrnaw she_shnwed comp concern about the depth Q the Ue_- we_also_let,her know that we traveled on a boat with a depth finder and the felt comfortable with depth_- 2-3 ft. a She_statefi another city nfficial expressed concern on the the dee th One, other concerns was us dredging the lake (we had not even considered dredging) We assumed -we -would make asmall channel like everyone else and alga dathe twice annual spraying for milfoil. L Nn mention of conservatorVafter 3 mnnthg and quite, frankly was nev E found by our survey company. L On_7125 and Dnn calk. and "jis the staff report ig recnmmending against ap�roval due to conservatory. This was never brought up once during any of our d"sions. The -signature -on Int 9 Shawn in r rt ig missingthe, name and ig unclear - Was this really agreed to?? L Then_we received the report on_'IL2Z with little time, for preparation. • We have spent over $2,500 based almost completely on the staffs encouragement and nem unti 7L24 did_we-indicatinn that thigWould not he passible We -have been either lied or mislead by the city in this case. Our survey has helped the city 9 gwnt deal in understanding the. lake. on this end we, have rgplegtPA a refimd of our expenses if not approved based on being encouraged and mislead the hh city staff a - and we are willing to work with the City to show good stewardship of the land based_onall nur-pdnr actions. • Planning Commission per the discussion can not change the easement but City CounciLbas_thatahility. • We are the only lot with open water without access to the water. .c _.. ..c .. .c. •a c... • We have the support of our neighbors (see attached) Weare 1__ nuking fnr the -City- of Chanhaccan to fnllnw the spirit not just the law. It should be fair, reasonable and equitable use of the natural resgurces Wzlwe.many neighhors inchiding Mr M= that has grass down to the�water and regularly cuts his grass — his concern in the notes over the deer and frogs maybe_sbould start nt his Int not nurs that antua]4 has nintaineri and added value to the wetlands In cnnrinsinn M( -want fair niling to the USe_nfthe Water_ -we have demonstrat roper management of the land and will be glad to work with the city on dock design to minimize the impact and have done Page 1 of 1 Sanford, David B (Dave), RTSEA From: Bitney, Beth [bbitney@carlson.com] Sent- Tuesday,. Septet b 06r2005 6MPM Subject: Lotus Lake Slow -No Wake Resolution by City Council TaLofusLake Homeowners, Please seethe attached resolution forwardedby Chanhassen water coordinator Lori Haak, tt was passed by the City Council at an emergency meeting this aftemoon. The information will also be posted on the City's website (www.ci.chanhassen.mn.us) and a sign will be posted at the public access sometime tomorrow. The contact for residents who want to talk to the Sheriff s. Office ahoutenforcementisfiergeantJim Qlson. He can be reached at 952.227.1601 Thanks Beth and Doug Bitney This Petition is in support for David Sanford and Marianne McCord be allowed to build a dock on their residence at 6440 Fox Path Name Y1 U. iY Pib" h Address L U OCA Signature Signature �� Name &L OW'a Address %rd LAP. 01 nt Signature Name Address 7;O L-44 64 Signature / / I dwd 4§nzo Name —70N A Name TGt ✓�Il� ��/vj Address G q -11 -r7y X P'4 T4- Address Signature 1 Address l7 / ��lzt-e� Signature Name l4fli PCl/tglcr Address G yJ 0 '13 X (44 j Name 1i m k O Y1l t�(.�5 Name � I Address ( Address Signature C%'Od Signature Name '::V� n t l Name Address b 5ly K P �� l� Address Signature Signature Name-A/I ��"'(� 1(�R Name Address �0 �0 Address Signature*A4 Signature Name/ --I,, / Name Address- ?60+�-v^ rp Address Signatur Signature Name Address Address Signature Signature Location Map McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen Christmas Lak ir0 P Q 1 Pleasant View Road G� m Q �m FoXPa` m4 m� A F°x Subject Property <a�,m Vineland Cop? 7 PO Pat Lotus Lake m� L 3c m �� 3 V,Ew PRELIMINARY PLATS FAX CHASE�aK anrurA � 1 '—, : dry ar manor::en o•o-a.e it , 1 i' / 'y7`\ I rla,.me wa.ta..uax xearo�•ae c ; w:raow rasa ca,rva� o ws ar /- \ I � .1! I if � n .'I911'I1 '� I'I;`I \ U- t�,�n- .4'/hlro/sr,°'• �66V ♦E��\•s-:('`i.\ ._< , \ pQ ..cIimv r>i OWNER AND DEVELOPER: ENGINEER: SURVEYOR- Derrick URVEYOR:Derrick Lard Company G5atMlgvomineering iybq Field&Nowak. in c.AALE IN FFA 1770 Shelard Tower 7Walyataied x 415 Wayzata Boulevard 'eMinneapolis. MN55426 Minneapolis. MN55a2e Minneapolis, MN55,1:6 Phone: 546-276 Phone: 546-0155 Phone: 5,16-6837aums.F'O; r.l� T I ' `� \\ s�,p,. `•\ �'"� 3 �r — Con15f.Q-UATLOLJ SMT. �„° s DESCRIPTION: - ?t re 9 pq eF s 7 - •i O {to LOtJ'COJ(Z All that part of Government Lots 5 and o in Section 1. Township 116 North. Range 23 West, 1'N L �__ .�• `-> Carver County, Minnesota, described as follows: ` 1 I� I 57,340 :F Ifil� �`�.I �' ,(;a Beginnine at a point in the West line of said Section I distant 905 feel South of the North- _ I -} < west corner of said Section 1, said point being In the center line of The Excelsior and Vii - i *a �' Eden Prairie Road as row laid out and travelled 1 and considering the West line of said Section I to be a due Norin and South line), thence running North 89 degrees 20 minutes 7yP/CqL LOT 3 •,�I l �n'o ` East along said center line 170 feet, thence South >' degrees 3? minutes East 428.3 feet, thence South 45 degrees 32 minutes East 285 feel, more or less, to the shore fine of Long Lake, thence Southerly along said shore line to its intersection with the South line of said `�R' nrdM 9 Government Lot 5, thence West aloe said South line 862.1 feet, more or less, to the South- - a�d,�sF�., .,,..rs'fi,�.."6•w>",.ar ii ` I \ II`\ 0 9 o� I µtrait west corner of said Government Lot 5, thence North along the Westline of said Government Lot 3 1715.3 feel, more or less, to the point of beginning, subject to public road righls- m within the riots of way of the Excelsior and Eden Prairie Road and subject to an easement b 4 for right of wa o•• 1 ^ F sle�sr 9 Y r that part of the above described lract described as follows: ;J .,�','"I ll'� f' _ 'ry + Y Beginning at the point of heginnirg of the above described tract, thence North 89 -degrees \ p I• f 11 \\ \ '' ,{ Q11 - - --- O _ 20 mi nul es East 170 feet, Ihence South 9 degrees 32 minutes East 33.46 feet, - more or less, ✓i- ' .III: xLv" .. - 7l a to a point in the Of Y ,u �Ir gm'�"ry'ya•"9 \ \ \Z m` ° " :in' ° aK f7 - ylworre i.. t- :, d. said Point being the actual hpoint right beginning lore the) easement )tor be describedd Eden ' I fie ceacontinu- 9 9 in South 9 degrees 32 minutes East 30 leer, thence. No rtnwesler ly 'o a point In the South- erly r liit of wa 9 • Y. line of the Excelsior and Eden Prairie Road distant 30 feet West of the actual point of beginning, thence East along said Southerly right of way line 30 feet to the artual_ppi nl ol.be inn ALSO, Lots I and 11, "Vineland". 1 � ',-\ ,s�\ j 1\- `. . �• s\\a#,r ! : I\ � \ nei.`F: 8 nv- �A�E. _ ¢;.�,+\. - r- . ys 4w D �c .r I hereby cerlif that this Ian was prepared b me or under m direct super islon and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota, -� 1 j / 17 v '19 .0 1I'•4Mu iwrrsrar I / -� asWsl \ Dated this 15th day of lune,. 1981. r Z 4 EGA N, FIELD d NOWAK, INC. ))J O �` ��i / \\ `� v ' '' u `I/a•;�� r' '� °ias � a � II ,I-\ \ u urveyors �.� t _ / , 1 11 ps`st Zs�•ai a ss \ s ` •�. by Arm 1 - �`/ �_ `a,��. , l./ ,` I\ _ Ty \.� �. r' yrs i I r ` s 1, ; r Minnesota Reg i�rafion'NO.- 9053 7 \ NOTES: Total Area is 33.5_ acres. 52 single family residential lots ✓ �� / 1� 1�`Lt ` s \` -`\ \ - 1 1.1 Evislino Zoning - R -IA f /1 f r�,l 1 II \ \ ; s:r r \>. ,\,� _• / I "\ Proposed Zoning - R-1 I Minimum Front Setback - 30 feet . r � 11 I Minimum Sitle,a rd Setback - 10 feet - - `--� Minimum Lot Area - 15, 000 square feel . ,��.1� -/�� _ -��•._ i... - , p. \ 0� �� ,,\_ 1`� B .iB' J - L! - Smallest Lot is 16,000 square )eel Largest Lot is 40. OUO square feel Q \` \ \\�\`` � 11 - x �_ rra.•rr ,.,.va , ,��• - Average lot size is 26,300 square feet \:� :. ` j , `�`\��\ \ � . ' 's �I� 111111 Al SCANNED CERTIFICAT] Marianne McCord 6440 Fox Path Charnhassern Mn 55317 DESCRIPTION, Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation son MHO Sanitary manhole BENCHMARK - SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 9� NOTE: } Bearings are assumed per plot 915.441 AREA- Lot REA: \F Lot Area = 43,977 sq.ft. !\ 9 0 o ` tfl6 �^ \ C • tY G W o W I\ 1--- IPF 6U 0 EEpEE6178t8itf!� O PF 1/2' OPENNA �+o` HEIdD h°Oji°� ti0 LICENSED "y0� LAND SURVEYOR I_ \ =. 43er16 H9 OCA 911.95 IE�B95- \ 0 NORTH 20 Scale: I Inch = 40 Feet v 12 N79e02 1 0 ^ E97.4 _ 397. rj f 7aE X9 .8 5p1KE -- _ 26. i 897.7 90 IPS POL S Sp1KE 9139 _ 35.0 913.3 \ a + eo { ICES �A,\h 0°69 � 1 f + I p 907.7 1#— N � ?3 907.7 303,48. ; 0910 giS.i 900 7 I �— N11---1K 8985 PS P 97.4 * OL 905.6 _466.34 SPIKE 14.1 37"2911W 80' 345.60 x 696.9 29 \p Op, :t O O x e V (- 1p� or _ -YI X \\ 7 \\ o � osa E o pNO no a 1 3 A a 5 ATHE OHWL N 1°• O �- x•0'1 V7� r rx 895.9^ o° 1 ) W ♦ N X 896.3 _ /I ' 1, Ods' 896.5 BSET LATHE OHML $Pf P OHWLS POL n HWL _ IPF R� I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated this d of 31-sday of %,' y � 200? f� �- Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 895.7 9053 894Z 1 \\ 1 / 16rNI j .. 895.4 �♦� bU x I Job No. 7530.001 BV: BJSFilel530001—BNDRY.dwg Lmk METRO ' - &ENGINEERING 3200 ODrPomte Cema Drive -Suit 117, B° 11e, MN 55306 Rogan B.'1k J q ' i I a .s E r 1F �O 4 F i/2OPEN e 11 % 1 895.5 IPF 1/2. OPEN BD t� u £ I � i "1O C 0 ` y7 / O \ F d e 1 � 0� 096.1/ IPS X \\ 7 \\ o � osa E o pNO no a 1 3 A a 5 ATHE OHWL N 1°• O �- x•0'1 V7� r rx 895.9^ o° 1 ) W ♦ N X 896.3 _ /I ' 1, Ods' 896.5 BSET LATHE OHML $Pf P OHWLS POL n HWL _ IPF R� I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated this d of 31-sday of %,' y � 200? f� �- Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 895.7 9053 894Z 1 \\ 1 / 16rNI j .. 895.4 �♦� bU x I Job No. 7530.001 BV: BJSFilel530001—BNDRY.dwg Lmk METRO ' - &ENGINEERING 3200 ODrPomte Cema Drive -Suit 117, B° 11e, MN 55306 Rogan B.'1k r�- bH3o FOX PA7,t G x-rf NOE leT LINE DOCK Sf TQ A.C.K 2oNE Message Aanenson, Kate From: Tom Furlong [tfurlong@apexfsi.com] Sent: Monday, September 12, 2005 8:04 AM To: Gerhardt, Todd; Aanenson, Kate Subject: FW: Dock request for Dave Sanford/MaryAnn McCord Todd & Kate, FYI, too. Tom -----Original Message ----- From: Christopher Pelletier [mailto:cspelletier@worldnet.att.net] Sent: Sunday, September 11, 2005 5:58 PM To: council@ci.chanhassen.mn.us Subject: Dock request for Dave Sanford/MaryAnn McCord Dear City Council Members, Page 1 of I Our neighbors - Dave Sanford and MaryAnn McCord have requested a variance to build a dock on their property on Lotus Lake (Fox Chase neighborhood). We support their request for a dock. We understand that the Planning Commission recommended denying their request. We suggest that it is a good time to look at the activity on Lotus Lake and make a fair and consistent policy for all Lotus Lake and neighboring residences. As properties are being tom down and are replaced with much larger structures there have been a lot of dock enhancements too. At the North side of the lake a property owner recently constructed a huge dock with an awning structure. Some properties (inc. Sanfords') seem to have stringent guidelines and others seem to have none. We recommend more uniformity. Thank you. Jamie Grivich Chris Pelletier 6420 Fox Path Chanhassen 9/12/2005 Page 1 of 1 Haak, Lori From: Sanford, David B (Dave), RTSEA [dsanford@att.com] Sent: Tuesday, August 30, 2005 8:58 AM To: Haak, Lori; sacchet@lucent.com Cc: Sanford, David B (Dave), RTSEA Subject: 6440 Fox Path Laurie and Uli, While we were very disappointed by the planning commission's vote, we thank you for the consideration of our application and request your support for the following 3 items. 1) Since our application for the dock was almost exclusively driven based on recommendations and feedback from the city staff and are initial call was only on the proper use of the lake, we are requesting that the city reimburse for out of pocket cost in this matter. We would have never pursued this with the direct involvement and encouragement of the staff. Attached is the bill from the surveyor company and the original estimate as you can see the bill was about $500 more than the average of the original estimate based on additional points requested by staff (and not necessary or needed for our application) The total amount of this bill is $2,228.75 All fees associated with filing our request - $335 Misc costs copying etc... - 25 Total reimbursement - $2,588.75 2) Please apply DNR rules and conservation equally across this end of the lake. As Tom Myer spoke about his concerns for the deer, birds, and snapping turtle, it seemed odd that he has changed the ordinary high water mark, has a completely turfed yard, and weekly cuts his grass, which we believe violates the DNR rules. In addition Tom showed a picture that our survey stake was inches from his dock. We are requesting his dock be move the minimum 10 feet from the lot line. 3) Based on the conservation easement our actual usable property has been reduced by almost 50% and would request the city and planning commission support in our appeal to the Carver County Treasurer for 7 years of partial property tax refunds. We look forward to your immediate response Sincerely, David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@att.com 8/30/2005 05/17!2005 TIE 8;14 ESC 9327070036 C3320 April zl, zoos JV�'I �) c McCord 6440 Fox Path Chanhassen MN M0 Phone: 952370-6161 Re: Lot Survcy of Lot 9, Block 1, Fox Chau, Carver County, MN Metro Proposal No.: 7d'jll.U09 Bear Mary Anne: NIe urierctnnd the scnpt ofthe work -to btaa fallow._ � 0021004 N N '/4�/ 0�� L/ Boundary/Topographic Survey (hourly estimate) S1,50041,800 Metro Land Surveying & Engineering, shall conduct a boundary surrey In verify and e+tablish the outside boundaries of the property. The survey shall include the following information: locating and marking your existing boundary comers; locate the shore line as of the dateofthe freldstrvey, denote the locarntiorrofdW ordinary high water line of Lotus lake; locate encroachments along your boundary lines. Jany: locate topographiekriturestobeshownmthcyurvey.wtslmnalso-set is`lives for your future use. C/9 �(;�� ' tvGx { y- W a-✓�! GS t — e GJ i S� This esti3nate is based ou non_. a_,mn,:n.,tha(mnsrbouodacy cosacra artpcesenr-'JQetro LaadSucveYir�&s Engineering will verify the existing boundary monumentation with evidence of monumentation on the adjaceut lots- Missing houadaey ranm men a wil-m-1t inaaeatr, ier rmtz•_monumcmtationbeyonddre adjacent lots and this will be viewed as an additional service. Additional work due to missing boundary m ciumen•ation• boundary lint rnnflirta elks Anter and/or disputes will behilbias sddfli—1 service:. (Sec our Attachment B for current Rate Schedule.) The client will be consulted prior to proceeding with any additional si:mcc. We will need a copy of your property description before we are ahle to go into the field and start work. A copy of the deed to the property should be contained in your closing papers. In certain cases the adlaceat property descriptions may be required to be provided -to us. Please fax or deliver this as soon as possible. Additionafllccas Not Inelndcd Rc,ol mi,im, of, peeific material a -c required by the Chem and/orcay will beconsidered additional. services, with the exception of omission or errors made by Metro Land Surveying & Engineering or our subsonsultants- preparation of macri,l, w4l he halc&m=hcurlybasm Aay additional wark-or revisions at your request will be bwcd Upon cur hourly rate schedule with estimates given prior to proceeding. I lade Canada Offuv: dl: Eatr (ban, Bard U L3tle (:mwdu-MN S5I 17 Phone (651) 766-0111 Fax t65/1 740-0017 Burnsville Oalee: 3210 CoryMnnle (.enlrr Driw -.Saab 117 gw'ncvillr. MN 55306 Phone (952) 707.9799 Jaz f952) 707-0036 Pin, Ch), Offirr: 1013 Main $rent North - .Suite 7 Pine (Vp. AN 55061 Phone (124 670-3267 ran (370) 62MI76 Roxers Office: 12510J/rleher Lau, Narlh - Unil B Rr gr:r,, MN 5537{ Phonr (763) 018-5130 fax (763) 015-517: E-mail rwvet'Uilprctrolccom Nelito, , www.xwrmlr com D Yule Cs.Mi MN SSII) ra: css o,ee.xl, McCord, Marianne 6440 Fox Path Chanhassen MN 55317 Fox Chase 1-9 B1 Carver Co. Professional Services not previously billed through 6/5/2005 Boundary Survey - Office Default Boundary Review by R.L.S. Project Management Boundary Survey - Field Boundary Invoice Invoice Date: 6/6/2005 Due Date: 7/6/2005 Invoice No: 1530.001-1 Total Boundary Survey - Office $923.75 Total Boundary Survey - Field $1,305.00 Total this invoice $2,228.75 r `r' Special Note: Terms 1°/ 10N30 Invoices are due and payable 30 days from dale of invoice. Interest accrues on invoices at the tate of 1.5%,month, 184'.annually. Past due accounts may be tamed over to an Altorucy for collections and)or reporting to a Credit Bureau. Any accounts turned over to an Attorney will be responsihle fm any and all reasonable attorneys fees and costs of collection. PLEASE send all payments to our Twin City office: 412 East County Road D Little Canada, MN 55117 y(SQ '. For paymem by credit card contact the Accounting Department at Me0ro Land Surveying &Engineering (6511 766-0112 Message Haak, Lori From: Sanford, David B (Dave), RTSEA [dsanford@att.com] Sent: Wednesday, August 31, 2005 2:00 PM To: Haak, Lori Subject: RE: 6440 Fox Path Lori Page 1 of 3 Thanks for the response, but we did go through this expense almost exclusively based upon the feedback from what we felt was the staff recommendation on the high (in fact 99%) chance of approval. In addition you did not address the additional points your requested that were not necessary for our survey that increased our costs. You also said how much our survey will help clarify this end of the lack because it is somewhat murky on the issues. We had said during your early meetings with Marianne that we knew there was a reason we could not build a dock, but not sure why - You quoted the legend of the protected Lotus flowers. It would have been nice if some of this stuff could have been checked or you could have recommended different alternatives like checking the county records. Net/Net - I feel that this survey helped the city out to understand this end of the lake and we incurred all the costs. While you did not force us to do the survey I do feel like we were mislead although not on purpose and should not carry 100% of the burden of the costs. As far as Mr.. Myer's property - probably my frustration, but he seems to be so concerned about the deer and frogs - maybe he can just stop cutting the grass. It is always nice to say what your neighbor should do, but maybe he should spend a few minutes on what he can do for the environment. We are following not just the guidelines of the conservation easement, but the true spirit and seem to be the only property that is doing that, but the letter of the law seems to be enforced but not the spirit of the law. Thanks David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@aft.com From: Haak, Lori[mailto:lhaak@ci.chanhassen.mn.us] Sent: Wednesday, August 31, 2005 1:33 PM To: Sanford, David B (Dave), RTSEA Subject: RE: 6440 Fox Path David -- This email is in response to an August 30 email that set forth three items. I will address them in order. 1. Reimbursement for Surveying/Application Costs. While it is true that the very first contacts (early in 2005) between staff and Marianne were regarding the dock on the Meier property, further discussions were prompted by your desire to have a dock at 6440 Fox Path if dock rights existed. Staff made it clear at that time that, if you wished to pursue an application for a dock, a new survey would be required in order to show the OHW on your property. The decision to proceed from that point was yours. 1 recall 8/31/2005 Message Page 2 of 3 on several occasions, as I do with all applicants, stating that nothing is certain, but that based on the information present at the time, the application appeared consistent with the requirements set forth in City Code. As it turns out, City Code does not restrict the use of your property as much as the conservation easement does. Since the conservation easement is on record at the County, the opportunity existed for you to be aware of it prior to the survey being ordered. The costs of the survey and the application (and its associated costs), although necessary to submit and process the permit application, were elective and will not be reimbursed by the City. 2. Meier Property. Staff has done a vast amount of research regarding the properties off Pleasant View Road and their docks. One of the issues that has arisen is the potential fill of the lake on the Meier's property. Staff has reviewed aerial photographs of the property dating back to 1985. From those photos, the fill appears to have been done some time between 1989 and 1990. According to the records available online through Carver County, the Meiers have owned the property since October 1997. The fill was done prior to the Meiers owning the property. The lawn was also established at that time. As you may recall, there is not a straightforward 10' structure setback from property lines once those property lines pass the OHW. (Please refer to City Code Sections 1-2 ("dock setback zone" definition) and 6-26 ("Docks") for more information.) According to staff's analysis of the surveys received from yourselves and the Meiers, the Meier's dock is located outside of the required dock setback zone. 3. Property Tax Refunds. The City is not in a position to support such an appeal. Since the conservation easement was recorded against your property when the lot was platted, it has been in effect since that date. That being the case, it is reasonable to assume that it has already been factored into your property value. However, since the City does not complete property valuations, any questions you have regarding property value (and therefore property taxes) must be addressed to Carver County. If you have additional questions, please feel free to contact me. Regards, Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Phone: 952.227.1135 Fax: 952.227.1935 Email: lhaa1k@c1.chanhassen.mn.us -----Original Message ----- From: Sanford, David B (Dave), RTSEA [mailto:dsanford@att.com] Sent: Tuesday, August 30, 2005 8:58 AM To: Haak, Lori; sacchet@lucent.com Cc: Sanford, David B (Dave), RTSEA Subject: 6440 Fox Path Laurie and Uli, While we were very disappointed by the planning commission's vote, we thank you for the consideration of our application and request your support for the following 3 items. 1) Since our application for the dock was almost exclusively driven based on recommendations and feedback from the city staff and are initial call was only on the proper use of the lake, we are requesting that the city reimburse for out of pocket cost in this matter. We would have never pursued this with the direct involvement and encouragement of the staff. Attached is the bill from the surveyor company and the original estimate as you can see the bill was about $500 more than the average of the original estimate based on additional points requested by staff (and not necessary or needed for our application) The total amount of this bill is $2,228.75 8/31/2005 Message Page 3 of 3 All fees associated with filing our request - $335 Misc costs copying etc... - 25 Total reimbursement - $2,588.75 2) Please apply DNR rules and conservation equally across this end of the lake. As Tom Myer spoke about his concerns for the deer, birds, and snapping turtle, it seemed odd that he has changed the ordinary high water mark, has a completely turfed yard, and weekly cuts his grass, which we believe violates the DNR rules. In addition Tom showed a picture that our survey stake was inches from his dock. We are requesting his dock be move the minimum 10 feet from the lot line. 3) Based on the conservation easement our actual usable property has been reduced by almost 50% and would request the city and planning commission support in our appeal to the Carver County Treasurer for 7 years of partial property tax refunds. We look forward to your immediate response Sincerely, David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@aft.com 8/31/2005 Message Haak, Lori From: Haak, Lori Sent: Wednesday, August 31, 2005 1:33 PM To: 'Sanford, David B (Dave), RTSEA' Subject: RE: 6440 Fox Path David -- This email is in response to an August 30 email that set forth three items. I will address them in order. Page 1 of 2 1. Reimbursement for Surveying/Application Costs. While it is true that the very first contacts (early in 2005) between staff and Marianne were regarding the dock on the Meier property, further discussions were prompted by your desire to have a dock at 6440 Fox Path if dock rights existed. Staff made it clear at that time that, if you wished to pursue an application for a dock, a new survey would be required in order to show the OHW on your property. The decision to proceed from that point was yours. I recall on several occasions, as I do with all applicants, stating that nothing is certain, but that based on the information present at the time, the application appeared consistent with the requirements set forth in City Code. As it turns out, City Code does not restrict the use of your property as much as the conservation easement does. Since the conservation easement is on record at the County, the opportunity existed for you to be aware of it prior to the survey being ordered. The costs of the survey and the application (and its associated costs), although necessary to submit and process the permit application, were elective and will not be reimbursed by the City. 2. Meier Property. Staff has done a vast amount of research regarding the properties off Pleasant View Road and their docks. One of the issues that has arisen is the potential fill of the lake on the Meier's property. Staff has reviewed aerial photographs of the property dating back to 1985. From those photos, the fill appears to have been done some time between 1989 and 1990. According to the records available online through Carver County, the Meiers have owned the property since October 1997. The fill was done prior to the Meiers owning the property. The lawn was also established at that time. As you may recall, there is not a straightforward 10' structure setback from property lines once those property lines pass the OHW. (Please refer to City Code Sections 1-2 ("dock setback zone" definition) and 6-26 ("Docks") for more information.) According to staff's analysis of the surveys received from yourselves and the Meiers, the Meier's dock is located outside of the required dock setback zone. 3. Property Tax Refunds. The City is not in a position to support such an appeal. Since the conservation easement was recorded against your property when the lot was platted, it has been in effect since that date. That being the case, it is reasonable to assume that it has already been factored into your property value. However, since the City does not complete property valuations, any questions you have regarding property value (and therefore property taxes) must be addressed to Carver County. If you have additional questions, please feel free to contact me. Regards, Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Phone: 952.227.1135 Fax: 952.227.1935 Email: lhaak@ci.chwhassen.mn.us -----Original Message ----- From: Sanford, David B (Dave), RTSEA [mailto:dsanford@att.com] Sent: Tuesday, August 30, 2005 8:58 AM To: Haak, Lori; sacchet@lucent.com 8/31/2005 Message CC: Sanford, David B (Dave), RTSEA Subject: 6440 Fox Path Laurie and Uli, Page 2 of 2 While we were very disappointed by the planning commission's vote, we thank you for the consideration of our application and request your support for the following 3 items. 1) Since our application for the dock was almost exclusively driven based on recommendations and feedback from the city staff and are initial call was only on the proper use of the lake, we are requesting that the city reimburse for out of pocket cost in this matter. We would have never pursued this with the direct involvement and encouragement of the staff. Attached is the bill from the surveyor company and the original estimate as you can see the bill was about $500 more than the average of the original estimate based on additional points requested by staff (and not necessary or needed for our application) The total amount of this bill is $2,228.75 All fees associated with filing our request - $335 Misc costs copying etc... - 25 Total reimbursement - $2,588.75 2) Please apply DNR rules and conservation equally across this end of the lake. As Tom Myer spoke about his concerns for the deer, birds, and snapping turtle, it seemed odd that he has changed the ordinary high water mark, has a completely turfed yard, and weekly cuts his grass, which we believe violates the DNR rules. In addition Tom showed a picture that our survey stake was inches from his dock. We are requesting his dock be move the minimum 10 feet from the lot line. 3) Based on the conservation easement our actual usable property has been reduced by almost 50% and would request the city and planning commission support in our appeal to the Carver County Treasurer for 7 years of partial property tax refunds. We look forward to your immediate response Sincerely, David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@att.com 8/31/2005 Message Haak, Lori From: Haak, Lori Sent: Tuesday, August 30, 2005 11:04 AM To: 'Sanford, David B (Dave), RTSEA' Subject: RE: 6440 Fox Path David -- Thanks for confirming that. Page 1 of 3 I am the appropriate person to address this, although I may need to consult with some other staff tomorrow. Thanks for your patience while I pull a response together. Lori -----Original Message ----- From: Sanford, David B (Dave), RTSEA [mailto:dsanford@att.com] Sent: Tuesday, August 30, 2005 11:01 AM To: Haak, Lori Subject: RE: 6440 Fox Path Thanks for asking Lori we do plan to be at the meeting on the 12th. And if there is someone else I should address this to then I would be glad to do that as well. David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@att.com From: Haak, Lori[mailto:lhaak@ci.chanhassen.mn.us] Sent: Tuesday, August 30, 2005 11:00 AM To: Sanford, David B (Dave), RTSEA Subject: RE: 6440 Fox Path David -- I am working on a response to your email; however, I will be out of the office this afternoon. I do anticipate having a response complete by Thursday. In the interim, I want to make certain you understand the status of your application. Your wetland permit application was recommended for denial by the Planning Commission. However, the application has not actually been denied. It is scheduled for consideration by the Chanhassen City Council on Monday, September 12, 2005. The final decision on the application will be made at that time. Please let me know in writing as soon as possible if you would like to withdraw your application. (This would mean that it would not be heard by the City Council.) If I do not receive a written request for the application to be withdrawn, I will assume you wish to proceed with the City Council hearing on September 12. Feel free to contact me if you have additional questions. Otherwise, I will respond to your email by Thursday. Regards, Lori Haak 8/31/2005 Message Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Phone: 952.227.1135 Fax: 952.227.1935 Email: Ihaak f ci.chanhassen.mn.us -----Original Message ----- From: Sanford, David B (Dave), RTSEA [mailto:dsanford@att.com] Sent: Tuesday, August 30, 2005 8:58 AM To: Haak, Lori; sacchet@lucent.com Cc: Sanford, David B (Dave), RTSEA Subject: 6440 Fox Path Laurie and Uli, Page 2 of 3 While we were very disappointed by the planning commission's vote, we thank you for the consideration of our application and request your support for the following 3 items. 1) Since our application for the dock was almost exclusively driven based on recommendations and feedback from the city staff and are initial call was only on the proper use of the lake, we are requesting that the city reimburse for out of pocket cost in this matter. We would have never pursued this with the direct involvement and encouragement of the staff. Attached is the bill from the surveyor company and the original estimate as you can see the bill was about $500 more than the average of the original estimate based on additional points requested by staff (and not necessary or needed for our application) The total amount of this bill is $2,228.75 All fees associated with filing our request - $335 Misc costs copying etc... - 25 Total reimbursement - $2,588.75 2) Please apply DNR rules and conservation equally across this end of the lake. As Tom Myer spoke about his concerns for the deer, birds, and snapping turtle, it seemed odd that he has changed the ordinary high water mark, has a completely turfed yard, and weekly cuts his grass, which we believe violates the DNR rules. In addition Tom showed a picture that our survey stake was inches from his dock. We are requesting his dock be move the minimum 10 feet from the lot line. 3) Based on the conservation easement our actual usable property has been reduced by almost 50% and would request the city and planning commission support in our appeal to the Carver County Treasurer for 7 years of partial property tax refunds. We look forward to your immediate response Sincerely, David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@att.com 8/31/2005 Message 8/31/2005 Page 3 of 3 Message Haak, Lori From: Haak, Lori Sent: Tuesday, August 30, 2005 11:00 AM To: 'Sanford, David B (Dave), RTSEA' Subject: RE: 6440 Fox Path David -- Page 1 of 2 I am working on a response to your email; however, I will be out of the office this afternoon. I do anticipate having a response complete by Thursday. In the interim, I want to make certain you understand the status of your application. Your wetland permit application was recommended for denial by the Planning Commission. However, the application has not actually been denied. It is scheduled for consideration by the Chanhassen City Council on Monday, September 12, 2005. The final decision on the application will be made at that time. Please let me know in writing as soon as possible if you would like to withdraw your application. (This would mean that it would not be heard by the City Council.) If I do not receive a written request for the application to be withdrawn, I will assume you wish to proceed with the City Council hearing on September 12. Feel free to contact me if you have additional questions. Otherwise, I will respond to your email by Thursday. Regards, Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Phone: 952.227.1135 Fax: 952.227.1935 Email: Ihaak@ci.chanhassen.mn.us -----Original Message ----- From: Sanford, David B (Dave), RTSEA [mailto:dsanford@att.com] Sent: Tuesday, August 30, 2005 8:58 AM To: Haak, Lori; sacchet@lucent.com Cc: Sanford, David B (Dave), RTSEA Subject: 6440 Fox Path Laurie and Uli, While we were very disappointed by the planning commission's vote, we thank you for the consideration of our application and request your support for the following 3 items. 1) Since our application for the dock was almost exclusively driven based on recommendations and feedback from the city staff and are initial call was only on the proper use of the lake, we are requesting that the city reimburse for out of pocket cost in this matter. We would have never pursued this with the direct involvement and encouragement of the staff. Attached is the bill from the surveyor company and the original estimate as you can see the bill was about $500 more than the average of the original estimate based on additional points requested by staff (and not necessary or needed for our application) The total amount of this bill is $2,228.75 8/31/2005 Message Page 2 of 2 All fees associated with filing our request - $335 Misc costs copying etc... - 25 Total reimbursement - $2,588.75 2) Please apply DNR rules and conservation equally across this end of the lake. As Tom Myer spoke about his concerns for the deer, birds, and snapping turtle, it seemed odd that he has changed the ordinary high water mark, has a completely turfed yard, and weekly cuts his grass, which we believe violates the DNR rules. In addition Tom showed a picture that our survey stake was inches from his dock. We are requesting his dock be move the minimum 10 feet from the lot line. 3) Based on the conservation easement our actual usable property has been reduced by almost 50% and would request the city and planning commission support in our appeal to the Carver County Treasurer for 7 years of partial property tax refunds. We look forward to your immediate response Sincerely, David Sanford Regional Sales Vice President 952-470-4999 (Office) 612-803-2806 (Mobile) dsanford@att.com 8/31/2005 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 05-22 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 2, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit to construct a boardwalk across a wetland and place a dock on Lotus Lake on property located at 6440 Fox Path. Applicant: Marianne McCord & David Sanford. A plan showing the location of the proposal isavailableforpublicreview 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. Lori Haak, Water Resources Coordinator Email: Ihaak@ci.chanhasxm.mn.us Phone: 952-227- 1135 (Published in the Chanhassen Villager on Thursday, duly 21, 2005; No. 4479) 0 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swum, 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. yy�9 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as pan 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: abcdefghllklmnopgrs /z Laurie A. Hartmann Subscribed and sworn before me on this =day of �, 2005 Notary Public RATE INFORMATION GWE MN .RADUENZ NOTARY PUBl1C - MINNESOTA My CoMMon Ezpves Jan. 31, 2010 Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ............................................... $11.18 per column inch SCANNED CERTIFICATE O Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION - LotESCRIPTION- Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 041 Iron monument found 0 Iron monument set x 935.0 Existing elevation sm MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat I AREA. Lot Area = 43,977 sq.ft. _ 0! CY \ 912.0 IPF 1/2' �o, LICENSED LANDSURVEYOR 93 tiG , <Az So Mlill 11�';� 9139 SPIKE 913.3 N • 'o x p 907.7 W V 0 NORTH i 20� Scale: I Incb = 40 Feet "E W793g7'048 fa X 900.8 - _ 26 0 -/ 897.7 &a i IPS POL SJ / / I / / / o / +90ry 00� —°° / 9 f 898? 17 b S0E q°' 0°j t /40 .�23 907.7 111 303 48 I 0910 15.7 1 1 7 -- 0 m __ . i IK x - ;� 8� 5 Ps POL 9D5.6 _466.34- 4.1 SPIKE • 11 \,N ' ♦ SBO -371,29 80 37' 2g I t Q S ^ON - �9 ��. •; \cS O, \,QQ - o� w P z •�.�r p i 0 1 o s � 896.4 IPF 1/2. OPEN B95 -5 h o cc°n _ IPF 1/2. OPEN BO t o o� r ° ° z� a< 8 Q\ . r . OR X 90 \ "096.1/ ♦ ♦ ,r — u O IPS 9ti I 0°'F \I ♦� uric x 896.9 0y4, 1290 tY o 1 Q� 345,60 ' 9;, I az CP 14 ags i 0 r896.3 I .�°�1� +0' r`Q r SET LATHE OHWL N 895.5 0ir�" °c ♦ ♦ I 1 i tai ^x 895.9 s ° > SET LATHE OH i N 0 8956 �[�' _ J \.��\ �- 3.0 30`3 162.86 e 895.4 bA / x 096.3 18.43 O`� x w! /1 / O S 9 1 895.7 (y '05 896.3 896.5 SET LATHE OHML 896.3 IPS POL OHWL ry N IPF RI 9053 I I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota, Dated this dqy of 5 day of �' � 200_ By - Todd M. Hendershott. Land Surveyor Minnesota License No. 43806 Job NO"1530.001 BV:BJSFl1e1530001-BNDRY.dwgI METRO & ENGINEERING 3200 C°ryw•re Cemer W F.:•952 -W36 k. tAJ 55306 iekpiwnc(952p0J-9299 Eu:(952)]0]-0036 Web: ww♦.mcn°Is.c°m Emeil: svrery(amewls.cun .& Pine City Rogers B..1k CITY OF CHANHASSEN STAFF REPORT PC DATE: August 2, 2005 CC DATE: August 22, 2005 REVIEW DEADLINE: August 16, 2005 CASE #: 2005-22 BY: LH; DA PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6440 Fox Path (Lot 9, Block 1 Fox Chase) APPLICANT: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 PRESENT ZONING: PUDR — Planned Unit Development Residential 2020 LAND USE PLAN: Residential Low Density ACREAGE: 43,977 square feet (--1 acre) DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: The applicant is requesting a wetland alteration permit for the installation of a boardwalk across a wetland to access a proposed dock on Lotus Lake. The boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet. scANWV Location Map McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen Christmas Lak A a o: f Pleasant View Road m �OXpa of e� m > o �VM1 FOS Subject Property td�e Vineland Coy , FOk �'atry Lotus Lake Frye. m� o m McCord/Sanford Dock WAP August 2, 2005 Page 2 of 7 PROPOSAL SUNIMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6440 Fox Path across a wetland to provide permanent access to Lotus Lake. A seasonal dock will be extended from the permanent boardwalk at the water's edge to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 6-24. Location Restrictions No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized by this chapter, (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20405. Standards. The following standards apply to all lands within and abutting a wedand: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Sec. 20407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. McCord/Sanford Dock WAP August 2, 2005 Page 3 of 7 Sec. 20-408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND In April 2005, staff was asked by the applicant if they had riparian rights to install a dock. Staff reviewed the most recent survey of the property on -file (1986) (Attachment 4). The survey indicated that only the south east corner of the property touched Lotus Lake by a single point. However, no elevations of the ordinary high water level (OHW) were indicated on the survey. The applicant was asked by staff to provide a survey with OHW to determine if riparian rights existed on the property. The applicant provided staff with survey dated May 31, 2005 from RLS 43806 (Attachment 5). The survey indicated that the property does extend past the OHW, therefore, the property does have riparian rights. The recorded development contract for the Fox Chase development (Attachment 7) indicates that a perpetual conservation easement shall be granted to the city over the area below the 900 foot elevation on Lots 7 through 19, of Block 1, inclusive. The development contract also states that Lots 16, 17,18 and 19, Block 1 shall be allowed I dock per lot. The dock on Lot 16 may be used by the owners of Lots 10-16, Block 1. The conservation easement was recorded against Lot 9, Block 1 as part of an "Agreement Pursuant to Planned Residential Development Contract" (Attachment 6). Based on the documents on file with the City it appears that an 896 elevation was shown on the plans for the subdivision (Attachment 9). The 896 contour clearly extends onto Lots 8 and 9, Block 1 of Fox Chase; however, docks for these two lots were not discussed during the subdivision process. During the subdivision process, the issue of whether docks would be allowed on Lots 10-19, Block 1 was an object of much discussion. Initially, the plan was to have docks only allowed on Lots 16- 19. Through a series of legal discussions between the City and the developer, it was agreed that Lots 10-16 could share a common dock on Lot 16. From the letters and minutes in the files, it appears a number of residents opposed any docks in this area at the time of subdivision. The major concerns appeared to be preservation of vegetation, fish habitat and aesthetics. ANALYSIS The proposed boardwalk/dock is shown on Attachment 5. There are six major issues regarding the placement of a boardwalk/dock at this location: McCord/Sanford Dock WAP August 2, 2005 Page 4 of 7 Issue #1: Wetland Alteration Permit. According to City Code, installation of boardwalks requires a wetland alteration permit. This is to ensure that any wetland impacts as a result of boardwalk installation have been avoided and minimized to the greatest extent practicable. Resolution: The applicant has applied for a wetland alteration permit. If the permit is not granted, the applicant will not be allowed to install the boardwalk over the wetland. Issue #2: Reasonable Access to Lake Lotus According to City Code, docks and other structures cannot obstruct reasonable use and access to other docks or structures (Section 6-24). Resolution: The applicant has submitted a plan for installing the dock that they feel will best allow access to both the applicant and existing docks in the area. The applicant has indicated that they are willing to alter dock placement if necessary to ensure reasonable use and access are maintained. Issue #3: Encroachment into Drainage and Utility Easement A drainage and utility easement is recorded over the rear portion of the subject property. Resolution: The applicant must enter a encroachment agreement to install their dock over within the City drainage and utility easement if the wetland alteration permit is approved. Issue #4: DNR Permits If a boardwalk and/or dock is permitted, all applicable permits from DNR for dredging and/or vegetation alteration must be acquired. The applicant has a proposed plan that may require the removal of vegetation and or dredging to gain access to an existing navigation channel that allows access across to the main part of the lake. DNR is the permitting authority for all grading and or vegetation alteration below the OHW level (896.3). The requested wetland alteration permit, if approved, does not permit dredging of the lake or vegetation removal. Resolution: The applicant must apply for all necessary permits from the DNR prior to removing vegetation or sediment from Lotus Lake. Issue #5: Conservation Easement. As part of the Fox Chase plat, a perpetual conservation easement exists below the elevation of 900 feet over lots 7 through 19, inclusive, of Block 1. The conservation easement restricts the placement and erection of buildings, structures, docks and walkways (except as provided in Section 6.03 of the development contract). The development contract also restricts the alteration of vegetation in any manner or form within the conservation easement (except as provided in Section 6.03). Exceptions in Section 6.03 the development contract allow for one dock to be constructed on Lots 16,17,18 and 19 Block 1. The dock at Lot 16 may be used by the owners of Lots 10-16, Block 1. McCord/Sanford Dock WAP August 2, 2005 Page 5 of 7 Resolution: Vacation of this conservation easement (as a whole or in part) would be required to install a dock at 6440 Fox Path. The vacation of the conservation easement to install a dock may allow for additional dock installation in similar situations. Issue ll6. Riparian Rights Because the OHW extends onto Lots 8 and 9, Block 1, both lots have riparian rights, that is the property rights arising from owning shoreline. In this case; however, the restrictions set forth in the conservation easement supersede riparian rights of property owners. Resolution: No resolution is necessary for this issue. If a wetland alteration permit is granted for a dock on Lot 9, staff anticipates that Lot 8, Block 1, may apply for a dock in the future. FINDINGS The rear portion of the lot at 6440 Fox Path is encumbered by a perpetual conservation easement in addition to a drainage and utility easement. An encroachment agreement would be necessary to cross a drainage and utility easement with the dock/boardwalk structure. The conservation easement would require partial vacation, at a minimum, to allow for the installation of any structure or vegetation alteration within the conservation easement. From the documentation of the Fox Chase development that staff has reviewed, the intent of the conservation easement was to limit the number of docks crossing the wetland riparian to Lotus Lake. Lots 10-16, Block 1 that are required to share a common dock, have similar lake conditions (i.e., adjacent wetland, very shallow and vegetated) as Lot 9, Block 1. The shared common dock was the mechanism used to give dock access to the Fox Chase lots (10-15) that would have had to cross a large amount of wetland and a very shallow, vegetated area of the lake. Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. If a boardwalk is permitted, the boardwalk should be installed across the wetland as a permanent structure and a seasonal dock should extend from the boardwalk into Lotus Lake to provide docking for watercraft. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." "Extended lot lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap." The dock should be located outside of the dock setback zone. The current proposed alignment encroaches into the dock setback zone (Attachment 5). If a dock is permitted, the dock alignment should be revised so the dock is located outside of the dock setback zone. Because the applicant's property is protected by a perpetual conservation easement that restricts the installation of any dock and/or removal of vegetation, staff is recommending denial of the wetland alteration permit. McCord/SanfordDock WAP August 2, 2005 Page 6 of 7 Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends denial of Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, based on the findings of fact in the staff report." Should the Planning Commission choose to recommend approval of Wetland Alteration Permit #05-22, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, with the following conditions: The boardwalk shall be installed across the wetland as a permanent structure and a seasonal dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 3. The conservation easement shall be vacated for the length and width of the proposed dock structure; the remainder of the conservation easement at 6440 Fox Path shall remain intact. 4. The dock shall be located outside of the dock setback zone and shall not obstruct reasonable access to or reasonable use of other docks. 5. The applicant shall obtain all permits required by the DNR for dredging and aquatic vegetation management prior to commencing such work below the ordinary high water level of 896.3, should such permits be found to be necessary." ATTACHMENTS 1. Findings of Fact. 2. Development Application. 3. Affidavit of Mailing and Public Hearing Notice. 4. Survey for 6440 Fox Path, Dated September, 11 1986. 5. Survey for 6440 Fox Path with proposed dock, Dated May 31, 2005. 6. Agreement Pursuant to Planned Residential Development Contract. 7. Fox Chase Development Contract. 8. Aerial Photo of 6440 Fox Path. 9. Planned Fox Chase Subdivision "Exhibit A". gAplan\2005 planing ca 05-22 mccord-Sanford wapV=ord_saaford pc final.doc JUL.27.2005 3:49PM July 27, 2005 BOISE Tom & Judy Meier 693 Pleasant View Road Chanhassen, Minnesota 35317 Chanhassen Planning Commission City of Chanhassen 690 City Center Drive Chanhassen, Minnesota 55317 RE: August 2, 2005 public hearing for Wetland Alteration Permit to construct walkway and dock on property located at 6440 Fox Path, Dear Sir or Madame, As the adjacent owner of 695 Pleasant View Road I would like to object to the proposed Alteration Permit. Having lived for nine years ourselves at 6410 Fox Path, Lot 6, from 1990 to 1999 it was clear in our subdivision plat that only lots 10 thru 19 has any access to Lotus Lake, While lots 2 — 9 had lake views we were not allowed to directly access the lake. Now we live directly east of Lot 9 at 695 Pleasant View Road. If you did grant them an easement to cross the Conservation Easement (which restricts the placement and erection of buildings, structures, docks and walkways), they still cannot: 1. Reach open water in a straight he direction while maintaining the city code dock setback requirements. 2. Other neighbors would be adversely affected. They are going directly across any future access for 6430 Fox Path. 3. Their proposed location is within 8 feet of our dock not 20' as indicated. They do not show our dock correctly on their survey. 4. They cannot reach our channel without dredging the lake due to 2-4 inches of water depth in the entire area where they are proposing their dock. This area is often a dry bed if we do not receive continuous rains. 5. The length of their walkway and dock is estimated to be at least 440 feet long to no open water, To reach open water is an additional 350 feet at a severe angle to their proposed dock, not a straight line as the code is written. 6. Dredging cost a minimum of $50,000 plus a DNR permit which is very hard to acquire. I just went through this cost analysis recently. SCANNED JU1 27. 2005 3:50P^d BODE N0. 365 7. Our channel maintenance costs, (weed spraying) would have to be shared and we are not interested in any agreements or partnerships. 8. The Conservation Easement supersedes any Riparian Rights. 9. There is a fancily of deer immediately to the south of their proposed dock which would adversely affect them. The deer have lived there at least since 1989. Many giant snapping turtles additionally live in their proposed path. It is also home to the Egret, Heron, Ducks and many species of birds. It is also a spawning bed in the spring for the pickerel and carp. Since your staff has also recommended the Planning Commission deny the Wetland Alteration Permit, I urge you to do the same. I would also invite you to see first-hand what the situation looks like by inviting you to our property. Feel free to stop by and walk out on our dock. Sincerely, f� A�� Tom Meier Haak, Lori From: mariannemccord@netscape.net Sent: Monday, June 20, 2005 11:29 AM To: Haak, Lori Subject: 6440 Fox Path Lori, Per you request during our meeting on June 17, 2005, I want to send some further clarifications. The dock may require additional footage out onto the lake. The neighboring docks extend an addtional 80 feet from the end of this dock. The depth of the lake has not been determined at that point. Also the other dock shown on the survey is NOT drawn to scale. The actual lenghth is 96 feet. We are assuming that if the other two docks are extending further it must be for a reason. That reason being the depth. Any futher questions or clarifications, please call. Marianne McCord Switch to Netscape Internet Service. As low as $9.95 a month -- Sign up today at http://isp.netscape.com/register Netscape. Just the Net You Need. New! Netscape Toolbar for Internet Explorer Search from anywhere on the Web and block those annoying pop -ups. Download now at http://channels.netscape.com/ns/search/install.jsp 1 SCANNED z U a E-� A W H t� CITY OF CHANHASSEN STAFF REPORT PC DATE: August 2, 2005 CC DATE: August 22, 2005 REVIEW DEADLINE: August 16, 2005 CASE #: 2005-22 BY: LH; DA PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6440 Fox Path (Lot 9, Block 1 Fox Chase) APPLICANT: Marianne McCord & David Sanford 6440 Fox Path Chanhassen, MN 55317 PRESENT ZONING: PUDR - Planned Unit Development Residential 2020 LAND USE PLAN: Residential Low Density ACREAGE: 43,977 square feet (-1 acre) DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: The applicant is requesting a wetland alteration permit for the installation of a boardwalk across a wetland to access a proposed dock on Lotus Lake. The boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet. Location Map McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen Christmas Lak 0 m iE a o= Pleasant View Road w r ' Pl Foxpa o4 m7 m o GoJ� FOX Subject Property Vineland Coory 7 �r pdt Lotus Lake me, , ml 'm McCord/Sanford Dock WAP August 2, 2005 Page 2 of 7 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6440 Fox Path across a wetland to provide permanent access to Lotus Lake. A seasonal dock will be extended from the permanent boardwalk at the water's edge to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 6-24. Location Restrictions No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized by this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. Sec. 20404. No net loss. To achieve no net loss of wetland, except as provided under section 20,416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Sec. 20407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. McCord/Sanford Dock WAP August 2, 2005 Page 3 of 7 Sec. 20-408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND In April 2005, staff was asked by the applicant if they had riparian rights to install a dock. Staff reviewed the most recent survey of the property on -file (1986) (Attachment 4). The survey indicated that only the south east comer of the property touched Lotus Lake by a single point. However, no elevations of the ordinary high water level (OHW) were indicated on the survey. The applicant was asked by staff to provide a survey with OHW to determine if riparian rights existed on the property. The applicant provided staff with survey dated May 31, 2005 from RLS 43806 (Attachment 5). The survey indicated that the property does extend past the OHW, therefore, the property does have riparian rights. The recorded development contract for the Fox Chase development (Attachment 7) indicates that a perpetual conservation easement shall be granted to the city over the area below the 900 foot elevation on Lots 7 through 19, of Block 1, inclusive. The development contract also states that Lots 16, 17,18 and 19, Block 1 shall be allowed 1 dock per lot. The dock on Lot 16 may be used by the owners of Lots 10-16, Block 1. The conservation easement was recorded against Lot 9, Block 1 as part of an "Agreement Pursuant to Planned Residential Development Contract" (Attachment 6). Based on the documents on file with the City it appears that an 896 elevation was shown on the plans for the subdivision (Attachment 9). The 896 contour clearly extends onto Lots 8 and 9, Block 1 of Fox Chase; however, docks for these two lots were not discussed during the subdivision process. During the subdivision process, the issue of whether docks would be allowed on Lots 10-19, Block 1 was an object of much discussion. Initially, the plan was to have docks only allowed on Lots 16- 19. Through a series of legal discussions between the City and the developer, it was agreed that Lots 10-16 could share a common dock on Lot 16. From the letters and minutes in the files, it appears a number of residents opposed any docks in this area at the time of subdivision. The major concerns appeared to be preservation of vegetation, fish habitat and aesthetics. ANALYSIS The proposed boardwalk/dock is shown on Attachment 5. There are six major issues regarding the placement of a boardwalk/dock at this location: McCord/Sanford Dock WAP August 2, 2005 Page 4 of 7 Issue #l: Wetland Alteration Permit. According to City Code, installation of boardwalks requires a wetland alteration permit. This is to ensure that any wetland impacts as a result of boardwalk installation have been avoided and minimized to the greatest extent practicable. Resolution: The applicant has applied for a wetland alteration permit. If the permit is not granted, the applicant will not be allowed to install the boardwalk over the wetland. Issue #2: Reasonable Access to Lake Lotus According to City Code, docks and other structures cannot obstruct reasonable use and access to other docks or structures (Section 6-24). Resolution: The applicant has submitted a plan for installing the dock that they feel will best allow access to both the applicant and existing docks in the area. The applicant has indicated that they are willing to alter dock placement if necessary to ensure reasonable use and access are maintained. Issue #3: Encroachment into Drainage and Utility Easement A drainage and utility easement is recorded over the rear portion of the subject property. Resolution: The applicant must enter a encroachment agreement to install their dock over within the City drainage and utility easement if the wetland alteration permit is approved. Issue #4: DNR Permits If a boardwalk and/or dock is permitted, all applicable permits from DNR for dredging and/or vegetation alteration must be acquired. The applicant has a proposed plan that may require the removal of vegetation and or dredging to gain access to an existing navigation channel that allows access across to the main part of the lake. DNR is the permitting authority for all grading and or vegetation alteration below the OHW level (896.3). The requested wetland alteration permit, if approved, does not permit dredging of the lake or vegetation removal. Resolution: The applicant must apply for all necessary permits from the DNR prior to removing vegetation or sediment from Lotus Lake. Issue #5: Conservation Easement As part of the Fox Chase plat, a perpetual conservation easement exists below the elevation of 900 feet over lots 7 through 19, inclusive, of Block 1. The conservation easement restricts the placement and erection of buildings, structures, docks and walkways (except as provided in Section 6.03 of the development contract). The development contract also restricts the alteration of vegetation in any manner or form within the conservation easement (except as provided in Section 6.03). Exceptions in Section 6.03 the development contract allow for one dock to be constructed on Lots 16, 17, 18 and 19 Block 1. The dock at Lot 16 may be used by the owners of Lots 10-16, Block 1. McCord/Sanford Dock WAP August 2, 2005 Page 5 of 7 Resolution: Vacation of this conservation easement (as a whole or in part) would be required to install a dock at 6440 Fox Path. The vacation of the conservation easement to install a dock may allow for additional dock installation in similar situations. Issue #6: Riparian Rights Because the OHW extends onto Lots 8 and 9, Block 1, both lots have riparian rights, that is the property rights arising from owning shoreline. In this case; however, the restrictions set forth in the conservation easement supersede riparian rights of property owners. Resolution: No resolution is necessary for this issue. If a wetland alteration permit is granted for a dock on Lot 9, staff anticipates that Lot 8, Block 1, may apply for a dock in the future. FINDINGS The rear portion of the lot at 6440 Fox Path is encumbered by a perpetual conservation easement in addition to a drainage and utility easement. An encroachment agreement would be necessary to cross a drainage and utility easement with the dock/boardwalk structure. The conservation easement would require partial vacation, at a minimum, to allow for the installation of any structure or vegetation alteration within the conservation easement. From the documentation of the Fox Chase development that staff has reviewed, the intent of the conservation easement was to limit the number of docks crossing the wetland riparian to Lotus Lake. Lots 10-16, Block 1 that are required to share a common dock, have similar lake conditions (i.e., adjacent wetland, very shallow and vegetated) as Lot 9, Block 1. The shared common dock was the mechanism used to give dock access to the Fox Chase lots (10-15) that would have had to cross a large amount of wetland and a very shallow, vegetated area of the lake. Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. If a boardwalk is permitted, the boardwalk should be installed across the wetland as a permanent structure and a seasonal dock should extend from the boardwalk into Lotus Lake to provide docking for watercraft. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." "Extended lot lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap." The dock should be located outside of the dock setback zone. The current proposed alignment encroaches into the dock setback zone (Attachment 5). If a dock is permitted, the dock alignment should be revised so the dock is located outside of the dock setback zone. Because the applicant's property is protected by a perpetual conservation easement that restricts the installation of any dock and/or removal of vegetation, staff is recommending denial of the wetland alteration pemrit. McCord/Sanford Dock WAP August 2, 2005 Page 6 of 7 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends denial of Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, based on the findings of fact in the staff report." Should the Planning Commission choose to recommend approval of Wetland Alteration Permit #05-22, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, with the following conditions: The boardwalk shall be installed across the wetland as a permanent structure and a seasonal dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 3. The conservation easement shall be vacated for the length and width of the proposed dock structure; the remainder of the conservation easement at 6440 Fox Path shall remain intact. 4. The dock shall be located outside of the dock setback zone and shall not obstruct reasonable access to or reasonable use of other docks. 5. The applicant shall obtain all permits required by the DNR for dredging and aquatic vegetation management prior to commencing such work below the ordinary high water level of 896.3, should such permits be found to be necessary." ATTACIIMENTS 1. Findings of Fact. 2. Development Application. 3. Affidavit of Mailing and Public Hearing Notice. 4. Survey for 6440 Fox Path, Dated September, 11 1986. 5. Survey for 6440 Fox Path with proposed dock, Dated May 31, 2005. 6. Agreement Pursuant to Planned Residential Development Contract. 7. Fox Chase Development Contract. 8. Aerial Photo of 6440 Fox Path. 9. Planned Fox Chase Subdivision "Exhibit A". 9\plan\2005 planning case\05-22 mccord-sanford wap\mccord_sanford pc final.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: The application of Marianne McCord and David Sanford, 6440 Fox Path Planning Case No. 2005-22 On August 2, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marianne McCord and David Sanford for a wetland alteration permit for the placement of a boardwalk across a wetland. The Planning Commission conducted a public hearing on the proposed development 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 PURR, Planned Unit Development Residential. 2) The property is guided by the Land Use Plan for residential, low density. 3) The legal description of the property is: Lot 9, Block 1, Fox Chase. 4) The subject property is located on Lotus Lake. 5) An agturban wetland is located on the subject property between the primary structure and Lotus Lake. 6) Section 20-405 of the City Code stipulates that access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. 7) Section 20-408 of the City Code requires a wetland alteration permit for the installation of boardwalks. 8) The planning report Planning Case No. 2005-22, dated August 2, 2005, prepared by Lori Haak and Donald Asleson is incorporated herein. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. OS CITY OF CHANHASSEN RECEIVED JUN 17 2005 6VJ1��wwn PLEASE PRINT n mxw�ov ruuvivuvv uCn Applicant Name an Ad ess• Owner Name aV A / MAfiauk � re o f DitfJl`0 5 3f kJ Contact: Maui aalt°L C Contact: adi c. auk AtW Phone: L%'7 0 - le f (e ► Fax: Phone: 14 f Fax: Email: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** +,$50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEES O� 00 ' t�o An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8�/z" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ('.tif) format. Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. BuigMaterial samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application ACTION The Planning Commission denies the wetland alteration permit request for a boardwalk across the wetland at 6440 Fox Path. ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005. CHANHASSEN PLANNING m Uli Sacchet, Chairman gAp1an\2005 planning mm\05-22 mccord-Sanford wap\ n ord_sanford findings of fact.doc PROJECT N LOCATION: LEGAL DESCRIPTION: /_1 -F a vV e r CMW, iii TOTALACREAGE: !h- P - WETLANDS PRESENT: 0 YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 97e -a (.l C i 7L eq er This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. & O Signature of Applicant Date lgnature of Fee er Date SCANM 01pYdM"S\Developnent Review Application -DOC Rev. 4/05 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 21, 2005, 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 Public Hearing for McCord -Sanford Wetland Alteration Permit — Planning Case No. 05-22 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. en J. E gel dt, D41y Clerk Subscribed and sworn to before me thi ?�I 5' day of c i u 1 2005. Not Pu KIM T. MEUWISSEN Notary Public -Minnesota � fNly Cwwftsm EXPires Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVlndustrial. • 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(a). • 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 somethirw to be included in the report please contact the Planning Staff person named on the notificatlon. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrlal. • 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 most 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 somethino to be included In the report, lease contact the Planning Staff person named on the notification. Christmas Lake subject Property Lotus Lake TMs map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a corrpilation of records, information and data located in vanous city, county, state and federal offices and other sources regarding Me area shorn, and is W be used for reference purposes only. The City does not warrent Mat the Geographic Inlomnat on System (GIS) Data used to prepare this map are error free, and Me City does not represent Mal the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. X errors or discre,nu cies are found please contact 952-227-1107. The preceding dsclamer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user ot this nap acknowledges that Me City shall not be liable for any damages, and etgressly waives all claim, and agrees to defend, indemnity, and held hamuess Me Dry from any and all claims brought by User, its employees or agents, or Mid parties which arise out of Me users access or use of data provided Christmas Lake Lobus lake This map is neither a legally receded map nor a survey and is not intended to be used as one. This map is a conpilation a records, info nwhon and data located in various city, county, state and federal offices and other sources regarding Me area shown, antl is to be used for reference purposes only. The City does not wamant that the GeograpMc Information System (GIS) Data usetl to prepare this map are error has, and the City does hurt represent Mat Me GIS Data Can be used for navigational, tracking or any other purpose requinng exacting measurement of distance or direction or precision in Me depiction of geographic features. g errors or discrepancies are found pease contact 952-227.1107. The preceding declaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly wraives all clans, and agrees to defend, indemnify. and hdtl harmless Me City iron any and oil claims brought by User, its employees or agents, or Mid panties which arse art of Me users access or use of data provided. ((NAMED MAME2D ADD1 «ADD2g «CITY» «STATE» aZIP)) ,,Next Record» ,,NAME1>> «NAME2» ,,ADDi» ,,ADD2» ,,CITY)> t,STATE» «ZIP» Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e m Pleasant View Road O �r f Foxpa / J F X cC" Subject 0 Property ineland oe1,7 \ 11� Lotus Lake uwer r KEVIN A & LEANNE M BENSON JOHN P & DEBRA L BREEDLOVE REBECCA CLAIR CHUVA 620 PLEASANT VIEW RD 860 FOX CT 6521 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & LINDA M WOOD 6360 FOX PATH CHANHASSEN MN 55317 GEORGE F & JANET M DEAN 6400 FOX PATH CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317 KAYLA A HANUS B20 FOX CT CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN 5470 FOX PATH CHANHASSEN MN 55317 JAMES D HUDSON & CAROLYN SUERTH 3541 FOX PATH CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU 340 FOX CT CHANHASSEN MN 55317 TODD R MAGILL & <ELLY N PIEROPAN 360 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P CUNNINGHAM 865 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT JDORAN 788 LAKE PT CHANHASSEN MN 55317 ROBERT & RENAE FROEMMING 6411 FOX PATH CHANHASSEN MN 55317 THOMAS R JR & MELANIE S HARER 796 LAKE PT CHANHASSEN MN 55317 JAMES P & NANCY FORD HOOPES 6511 FOX PATH CHANHASSEN MN 55317 JON ALAN KLOSTERMAN & MARGARET CODY KLOSTERMAN 6471 FOX PATH CHANHASSEN MN 55317 CHUNYI LIN & YANFANG CHEN 800 FOX CT CHANHASSEN MN 55317 MICHAEL L & REBECCA MCMILLEN 880 FOX CT CHANHASSEN MN 55317 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317 GREGG A & DIANE M ELLIOTT 6551 FOX PATH CHANHASSEN MN 55317 CRAIG N HANSEN & CLAUDIA J GIESKE 6430 FOX PATH CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317 JAMES M LYON 890 FOX CT CHANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 NILLIAM P JR & ANN K MILLER CHARLES S MORIN & CHARLES W & MARJORIE K NAGEL 3561 FOX PATH TANYA M SREPEL 6340 FOX PATH CHANHASSEN MN 55317 6401 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS R & ANDREA L NARK NEAR MOUNTAIN LAKE ASSN INC CHRISTOPHER S PELLETIER & 6431 FOX PATH 610 PLEASANT VIEW RD JAMIE L GRIVICH CHANHASSEN MN 55317 CHANHASSEN MN 55317 6420 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY J SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 RODNEY H PETERSON JR 6571 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 5,1 o" i � F ~ w a b w H W" 1 uua Pawni "w, s nv.T-- A £ fsit \� _ 8 •. I �. 1Mi O �5 - �? Nrn V' It e - J 0 -Q uu,ewH • � W a N'l6 /ey M Nar3I - OMM3 i i`wa�Ce � MO�S:CC j= U �J "•�,mM W w nvM rou 3MYl •J1p1 IDer Cl) Cl) t,�-! o LLD U 4 p U cd Vl Q lm �W� .,JQ'o Ar ffao9�) s•n?'O7 O z a D \ S D�'azt 1 � 1 R W w - Q N U c � C 4y _aa W b n \\............... 5 sem. fi$ zowO1m E <�\\t o0 E E b iarm.A o A }u}7i IN R r�wm ti �D yJSl�P G I.Ha Zm J �c_ tEY za � i tt ^EOo l... dam. MN La" m M f tO b N 1 � 1 R W w - Q N U c � C 4y _aa W b n \\............... 5 sem. fi$ zowO1m E <�\\t o0 E E b iarm.A o A }u}7i IN R r�wm ti �D yJSl�P G I.Ha Zm J THIS AGREEMENT is made and entered into by and between: the City of, Chanhassen, a Minnesota municipal corporation (the - "City"), Zachary Development Corporation, a corporation under the laws of the State of Minnesota ("Zachary") and James M. Zechmann and Susan M. Zechmann, husband and wife (the "Zechmanns"). The property located in the County of Carver, State of Minnesota, legally described as Fox Chase, according to the plat thereof on file or of record in the office of the Carver County Recorder, is subject to the terms and conditions of that certain Planned Residential Development Contract dated July 20, 1983, recorded August 5, 1983 as Document No. 60723 vin Book 67 of Miscellaneous Records, Page 477, hereinafter referred to as the "Developers Agreement". The Developers Agreement provides for the granting of a perpetual conservation easement for environmental protection and wetland conservation over those areas of Lots 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet. In connection with the Conservation Easement (as defined below), the Developers Agreement a_:;,; YL -vides for (i) the future erection of a dock on Lot 16, Block 1, (which lot is presently owned by the Zechmanns) to serve the owners of Lots 10 through 16, both inclusive, Block 1, Fox Chase and (ii) the granting to the City of a public trail easement. The undersigned owners of the affected lots in the plat of Fox Chase, in order to comply with the terms and conditions of the Developers Agreement, do hereby grant and convey the following easements: Conservation Easement. The undersigned owners of affected lots in the plat of Fox Chase do hereby grant to the City of Chanhassen a perpetual conservation easement (the "Conservation Easement") for environmental protection and wetland preservation over those areas of Lot 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet (the "Conservation Easement Premises"). The Conservation Easement Premises shall be subject to the development restrictions applicable thereto as set out in Section 6.02 of the Developers Agreement. Dockage Easement. The Zechmanns do hereby grant a perpetual non-exclusive easement (the "Dock Easement") for purposes of constructing, maintaining and using a dock for the - 1 - 6799R Page of _14_ Pagea Running of Benefits and Burdens. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, successors, tenants and personal representatives of the grantors and grantees and their respective invitees, but may be amended without consent of the owners of any lot or lots not directly affected by the amendment. The consent of the City of Chanhassen to any such amendment shall, however, be required. Construction. The rule of strict construction shall not apply to the grants of easements contained in this instrument. The grants contained herein shall be given a reasonable construction so that the intention of the parties to confer a reasonably usable right of enjoyment on the respective grantees is carried out. Counterparts. This Agreement may be signed in counterparts. In witness to this instrument, thefparties ave cause a this instrument to be executed as of the 31 day of tJ 1987. - 2 - page r of-LAL'- pages -`s"z Eiden Construction, Inc., (Owner of Lot 10, Block 1, Fox Chase) Its:- -20z ts: �- STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was ackno fed ed before me this ZIA- day of rFm6rr, 1987, by nn and respectively o Eiden nst�tic Inc., a Minnesota corporation on behalf of said corporation. .ffida r7rkr t->� NOTARY PUBLIC-NRIIHSOTA Notary Public CARVER COUNTY Sky�PuOS-18-934 THIS INSTRUMENT WAS DRAFTED BY: Fredrikson 5 Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 3 - 6799R Page L_ of /`/ Pages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) 5/ . � Own of Lot 11, 12;" 13, 14, 15 and 20, Block 1, Fox Chase The foregoing instrument was acknowledged b ore me this -L day of 19�ea, iw 1987 by theof Zachary Deve opment Corporation, a .)raXion organized and existing under the laws of the State of Minnesota,, o behalf, of said corporation. Do' ry Public LYNNE K L EHMEYEA MQ NORARY KNX -1 "XWTA HENNEPIN COUNTY ►yCaauMme�.a--- --�03 4 - 6799R Pap - -�L— a -ji(— Pages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) n,�,� he f oin instrument was acknowledged before me this day of w/�rfj�G 1987 by James M. Zechmarin and Susan M. Zechmann, husband and w'ife.n� Public - 5 - 6799R ..Pape. Of ..14 Pagm STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore7oing instrument was acknowlad ed efore me this a5 day of 7��wf�✓ 1987 by�,�} IJyC�o� and the and respectively of National City Bank of Minneapolis, a National Banking Association on behalf of said National Banking Assoc ia io :: ` Not ry Public 6 6 - 6799R ,/ Page to of Pages NATIONAL CITY BANK OF MINNEAPOLIS, A National Banking Association, Mortgagee of that certain Mortgage dated April 21, 1987Recorded the /q! day of4 ,-1987 as Document s_. - (Owner of Lot 9, B1, Fox Chase) By :� e Its: o By: Its: STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore7oing instrument was acknowlad ed efore me this a5 day of 7��wf�✓ 1987 by�,�} IJyC�o� and the and respectively of National City Bank of Minneapolis, a National Banking Association on behalf of said National Banking Assoc ia io :: ` Not ry Public 6 6 - 6799R ,/ Page to of Pages LaPawn M. Williams (Owners 17, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 22nd day of December , 1987 by Bradley J. Williams and LiLDawn M. Williams, husband and wife. 4I JACCI A. WACKER ; Notary PuJ lic } 1,� NOIARV PUBLIC MINNE5O1A Z j WPJGHT COUNTY m', Ccmmissior Eav�es Nov. 24.1992 6799R - 7 - pop Oi 14 prges W'. STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foreg .ng i strument was acknowledged before me this /d — day of 1987 by James E. Ring and Linda K. Ring, husban and wife. /7 Not Public 1ALYCE A. BLOOMBERO NOTARY PUBLIC • MINNESOf)1 DAKOTA COUNTY MY Cmmmissim Expires A4141990 rvvWvAvv"^VAVAV0AVA&%v-W4 8 — 6799R Page �._ �_�_ Pages The City of. Chanhassen, a Minnesota Municipal Corporation, does hereby consent to the foregoing instrument and acknowledges that the same conforms to and satisfies all requirements of the Develcpers Agreement, as that term is defined in the for goin instrument, relative to the creation a Conservatio Easement, an easement for a dock, a45"-aa-ments 71, a tr-1 S. ay: /I Its: -70916,aw,.., Z�= ti0�M_ z �q STATE OF MINNESOTA) C•�jcr4jY— )ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 3otk day of AyA."� , 1987 by .,. X /,6,.„,:,(,L. i?ta pro„ f- th:9 lb,, R.A...>+�r. C�.,�,,,,�,�.., of the City of Chanhassen, a ° Minnesota Municipal corporA'tion on behalf of said corporation. OTREN J. ENGELF'J�ROT NGTRBY PUBLIC - 65vL?ESOTR CARVER COU'ITY My C...ft ion e,,.:w 1'_=1691 9 - 6799R 4 'ayes Page _-5— - STATE OF MINNESOTA) )Ss COUNTY OF HENNEPIN) The fore ��instrument was acknowledged before me cO this Zday of 1987 by John B. Dewey and Sherrie R. Dewey, husband and fi-fe. 6799R L& - 10 - Page /40 Of y Pages kart] lheraff Ff st (Lot 19, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The forecping instrument was acknowledged before sae this 2`U day of 'ice 1987 by Lowell R. Frost and Sharon Frost, husband and wife. f 4J�OIl C4. a'to-? !:. •: '...T.`.iSSa.^,!1 E%:'drtf S-?f}'%Q J — 11 — 6799R Page l/ �r..I� Pagea STATE OF MINNESOTA )ss COUNTY OF HENNEPIN) The fo eg ing instrument was acknowledged before me this (P day o 198 by Mark D. Lecy, President of Lecy Construct�laws a corporation organized and existing under aof theState of Minnesota, o behalf of said corporation. 1 r lic LYNNE LEHMEYBI NOTAWPU0W,—MW01EWTA HENNEPIN COUNTY Vj O®Ideim E I NW. 1Z IW3-444 - 12 - 6799R Page- is � !�..— p,aCs 1(sa HaAilton'Fritz (Lot`r5, lock 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore ping instrument was acknowledged before me this L day of 1�, 1987 by Barie P. Fritz and rise W- ;ir n F ;t , husband and wif2. iX. M hzzz^; i 'N-bt4ty Public — 13 — 6799R Page IR ofPages i EXHIBIT A Legal Description of Public Trail A permanent easement for trail purposes over and across the easterly fifteen (15) feet of Lot 20, Block 1, Fox Chase, and the Southerly ten (lo) feet of Lot 19, Block 1, Fox Chase, according to the recorded plat thereof, Carve;: County, Minnesota. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee J 14.1b This is to certify that this document was filed in this office on the-aa-Alay of�4b._7938-4.D.atlo:3o o'clock u+► - M. and was duly recorded as document no. 93995 CARL W. HANSON JR. I County fl.c w by. PSA 14 - 6799R CITY OF CHANHASSEN PLAIINED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF FOX CHASE DERRICK LAND C00ANY .��S GREEMENT, Made and entered into this �.0 day of � , 1983, by and betwuen DERRICK LAND COMPANY, a Minne- sota Wrporation, (hereinafter referred to as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein- after referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other appl.:icoble state laws, and the Developer in consideration of the mul.c.iii l coven.riil :; herein contained, recite and agree as follows: SECTION 1. REQUEST F011 PLAT A149niVAL.. The Developer has asked the City to approve a plat of laud owned by: 1.01. Derrick Land Company, A Minnesota Corporation, fee owner; 1.02. wilma C Thompson, Mortgagee. To,be known as Fax Ch,,o-,. ..�; retcrrcd Lig ii; this Agreement as the "Plat".) _- :,ucb 1-11..r hgyl ly described as shown on the attached Exhibit "A" which `u•r.•hy ❑!,ui!• o pari hereof. SECTION 2.0 REc'1'I'ALS. 2.01. Fox Chase Preliminary Development Plan and Prelimi- n,ary Pl_at.. The Developer is the fee owner of a tract of land lying within the City, as more particularly described on Exhibit. "A" at.tacrhed hrrvto and made a part hereof (he reinaft:er the " Sul) leci. Property" or "Plat"). The Developer has heretofore made appl:u-ation to tt:.�r!1y under the City Zoning Ordi- nance for the approval. of a P-' o!.tooed flusidential District encom- passing all of the- sul.lert. prof, rt y SECTION 3• CONDiTJoN_, of PLAT APPROVAL. TI -!e Ci.ty ha,. approved or agraed to approve the plat on condi- tions (1) That the Developer enter into this Development Contract:, (2) that the leveloper provide all irrevocable letter of credit:, or cash escrow (,cc >:ei. forth irr Sections 7.01, 7.02, 7.03 and 8.1") ("Security"), guai-,A,!tt•rq! i,y !tie performance of the terms of this Development Contract,mei' I -;c, quaranteeing the payment: :.f all con- struction costs of 'h, uul )vewent. A letter of credit way be sub- mitted for a one ye•ir per 1.>d of time with the provision that. it shall be renewed al lht. end of the eleventh month for any improve- ments yet to be sal.isfactorily completed and, accepted by the City. R.7/19/83 Failure to furnish a new letter of credit at least thirty (30) days before the posted letter of credit lapses shall be deemed a condition Of default and the City may obtain all monies posted under the exis- ting letter of credit. 3.01. Construction: Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the following public improvements (hereinafter the "Public Improvements"), in accordance with the Plans and Specifications described in 413.02 below as modified by the Special Conditions set forth in Section 5 hereof: a. Street grading, stablilizing, and bituminous surfacing and wear surface b. Surmountable conc,ete curbs and gutters C. Sanitary sewer m,.ins d. Waterntains e. Storm and surface water drainage and retenCion ponds f. Street sign§ g. Underground utility lines . h. Street lighting i. Grading including berm construction 3.02. Final Plans and Specifications. 'Che Developer shall provide the City with final plans and specifications, including' a final grading plan, prepared by a registered professional engineer, which plans and specifications shall be subject to the final review and written approval of the City Engineer. Substantial changes in said plans and specifications shall be referred by the City Engineer to the City Council for approval. Said plans and specifications are hereby made a part of this agreement. Developer shall not make or permit any changes, variations, omissions or additions to City approved final plans and specifications without the written approval of the City Engineer prior to any such change, variation, omission or addition. 3.03. Standards of Construction. Developer agrees that all of the public improvements shall be constructed and installed in accordance with the aforesaid City approved plans and specifications, and that said improvements shall equal or exceed City standards, and that all of said work shall be subject to the inspection and approval of the City Engineer. 3.04. Materials and Labor. All of the materials to be employed in the making of said public improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction_ and approval of the City at the cost and expense of the Developer. !1>6 WE 3.05. Staking, Surveying and Inspection. It is agreed that the Developer, through his engineer, shall provide for all staking, surveying and resident inspection for the above described improvements in order to ensure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be,notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including reasonable charges of the City for legal, planning, engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the financial security to be furnished to the City by the Developer pursuant to the terms of this agreement. 3.06. Completion Date and Schedule of Work. a. It is agreed by the Developer that: Hie cun:.;l:rucl.lon of tho public and prIv.11.4' imlir1rvunurnl.::.::h,rll r•uummliut; WILhln two (2) years of the filiny of the final plat at the Carver, County Courthouse acid that all publ:iC improvemcrILS shall be completed within two (2) years of said plat filing. b. The Developer or his engineer shall schedule a pre- ccnstruction meeting at a mutually agreeable time and place with all parties concerned including the City staff to review the program for the construction work. Upon completion of sewer and water lines shall be tested in accordance with the testing procedures that are required by the City Engineer. Within thirty (30) days after completign of the improvements, the Developer shall supply the City with a complete set of "As Built" plans. C. Final approval and acceptance of the project shall take the form of a Resolution duly passed by the City Council, on the advice of the City Engineer. Final approval and accep- tance shall be granted upon the City Engineer's satisfaction pursuant to Section 3.08 and shall be conditioned upon the one year guarantee of work and guarantee bond set forth in Section 3.15 hereof. 3.07. Claims for Work. The Developer shall not do any work or furnish any materials not covered by the plans and specifica- tions and special conditions of this agreement, for which reimburse- ment is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or fur- nished by the contractor, without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. !19 -3- Mg. 3.08. Final Inspection. Upon completion of all the work required by the City Engineer, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contrac- tor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same.. 3,09. City Disclaimer. It is agreed anything to the con- trary herein notwithstanding'; that except for its or their negligence or malfeasance, the City of Chanhassen, the City Council and their agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or sub -- contractor, material men, laborers or any other- person or, persons whonc;oever, for any cliiim, demand, damomon, irc-Lion!; nr• c.nv;o! of' aeLlon of any kind or characi,Ur• ar.l.;ing out, UL ut• by reonon of Lilt! Uxer;utlon of this at jrveinunt or Lhe por•form.urr.v .ntrl ctnnplct.lott of- Lilt- fLhe work and the improvements provided herein, and LhaL the Developer shall save -the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements, and expenses .of defending the same, specifically including; wiLhouL intending to limit the categories of said costs, cost arid expenses for City administrative time and labor, costs of consulting engineering ser- vices and costs of legal services rendered in connection with defen- ding such claims as may be brought against the City. 3.10. Erosion Control-. . Developerr at its expense, shall provide _mporary and permanent dams, earthwork, retention and sedi- mentation basins, and such other practices including seeding of graded areas, as shall be needed in the judgment of the City Engi- neer, the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, and the Department of Natural Resources, to prevent the washing, flooding, sedimentation and erosion of lands and road within and outside the plat during all phases of construction, inclu- ding construction on individual lots. Additionally, the Developer shall comply with all conditions of the grading and land alteration Permits from the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, the Department of Natural Resources approval and all of tha recommendations of the U.S. Soil Conservation Service in its reports to the extent consistent"with the requirements of other regulatory agencies. The following minimum restoration require- ments shall be met. The City Engineer shall determine if any other agency requirements are more explicit or restrictive; and may, at his discretion require that those conditions be met in lieu of any or all of the following. a) All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. b) Seed shall be, rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. c) All seeded areas shall be mulched as neces- sary for seed retention. 1� '' -4- . 4490 A plan consolidating all applicable conditions concerning construc- tion grading and drainage shall be submitted to and approved by the City Engineer prior to commencement of any work. 3.11. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after fifty percent (50%) of the building lots have been improved by the construction of residences.Lher•eol, whichever -is first to occur. 3.12. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in 43.01 hereof in accordance with the plans and specifications hereunder and the written approval by the City i. f riot previously ded i cd l.t,d it) Lhi, l ii1.11 plal., hevrlopor :.11,111 .-nnv,•y 1.11,- I.uul .11141 ::.1it1 iuil'i �.,v.. meuL Lu the City tree of ill licri c .111d cnca md,r .nua•:: ,111t1 wi lh mu. •r.inLy of -I.i I.Le p11r::11.1n1 -1yr 1:111 .-,l G.1h. .,r-W:1'r•1•. n 11.y D,•I-d, 1, able. Should the Developer lail to so convey said improvements, the same shall become the properly of the City without. further nul.i. or action on the part of either party hereto, other than accepin n -,- by the City. 3.13. Building Permits and Occupancy Permits. a. Prior to completion of the grading .uui placement of rock stabilizing materials for road construction within the.plat, the City Building Inspector, with the approval of the City Engineer, shall be authorized to issue building permit:. for residential. construction within such plat upon payment of dll fees and charges.applicable to the issuance of permits and provisions for adequate site access. b. The occupancy of any structure within said plat for residential purposes shall be prohibited by the City until the streets have been paved with a 1'-z inch base bituminous surface or CL5 if approved by the City Engineer, municipal sanitary sewer and water lines shall have been installed, tes- ted, inspected.and are available to serve the lot for which a building permit shall have beer issued. 3.14. One Year Guarantee of Work and Guarantee Bond. All a work nd materials performed -and furnished by the Developer, its agents and subcontractors pursuant to 113.01. above, which are found by the City to be defective withon one year after acc.aptance by the City shall be repaced by Developer at Developer's sole expense. In accordance with Section 7.02 and not in addition toereto, the within guarantee of work shall be secured to the City by an irre- vocable letter of credit, or a corporate surety bond, at the elec- tion of and in an amount established by the City, furnished by the Develcper to the City. Said letter of credit or surety bond s,,Pall first be approved by the City Attorney, and shall be in additt'on to, and not in lieu of any other remedies which may be available to the City to secure any defects in materials or workmanship. 3.15. Liability Insurance. Developer shall take out and maintain so long as Developer's obligations continue under this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcon- tractors or by one directly or indirectly employed by any of t=hem. Limits for bodily injury or death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for proper- ty damage shall be not less than $200,000 for each occurrence, The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to initiating construction. SECTION 4. STATUS OF SPECIAL ASSESSMENTS. 4.01. Develo)er Acknowledges SpecialBonefiL. The DeveLoper• acknowledges that the subject- properly derives; "•,poci•rl hrnefit, a:t Lhat Lurm is dt!L lased by pr r!a,nl. c:,r ;e l aw under, Ch,q)Ler• 429 of Minnesota Statulu:;, from the sewer I.ifL !A.al.iun uul w.rLer•.!;upply faciliLies, trunk and lateral saniLdVy sewer facilities, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improvement Projects. The Developer acknowledges that the amount of such specialbenefit.is not less than the• sum of the following amounts: a. Levied Special Assessments: Parcel No. 25-01-000-0037-000, 20.08 Acres inepart of Gov -'t. Lots 5 and 6, 1 sewer and water lateral assessment levied in 1973 in the amount of $4,119.00, payable over 15 years at 7% interest. I sewer and water trunk assessment levied in 1980, in the amount of $1,054.96, payable over 10 years at 7% interest. Parcel No. 25-79-500-0001-000, Lot 1, Vineland 1 sewer and water lateral 'assessment levied on October 1, 1973 in the -amount of $4,949.00, which has been paid in full. 2 sewer and water lateral and 3 sewer and water trunk assessments levied in 1980, in the amount of $12,419.98, payable over 10 years at 7% interest. b. Deferred Special Assessments. In addition to the foregoing levied special assessments, the subject property is further specially 13enefitted by 68 off- -6- 1161P line sewer and water trunk unit valued at $320.00 and valued at $380.00, and each unit shall bear interest at October 1, 1973. units, . each sewer Lrurnli each water trunk unit said sewer and water the rate'of 7% from 4.02. Spread and Payment of Deferred Special Assessments. All deferred special assessments for said 68 sewer and water trunk units shall be spread and assigned to the 52 specially benefitted lots within the final plat, shall be certified to the Carver County Auditor for collection at the time of the recording of the final plat with the County Recorder, and shall be payable in installments of principal'and interest over a period of four (4) years after said certification. 4:0'S'. Developer Waivur. l'uhlit, Ilc.Winl) .uld Iti,Ihl. of A p,•.il The Developer waives its eight. Lo publLe heir _ under §4L9.Ufi1 and §429.071 of Minnesota Statutes and Its right of appeal under §429.081 of Minnesota Statutes as to t:he Special Assessments SECTION 5. SPECIAL CONDITIONS. 5.01. Fox Path Cul -de -Sac. A "T" intersection shall be constructed by Developer at the western terminus of Fox Path, with surmountable curb and gutter, and shall be constructed in accordance with plans and specifications approved by the City L••ngLneer. The westerly extension of Fox Path from said "T" intersection to the westerly boundary of the subject property shall be platted as a dedicated street but shall not be improved as such until develop- ment on the adjoining property shall require a street connection to Fox Path. 5.02. Pleasant View Road Access Restriction. Unless other- wise determined by the City Council Lots 1 and 2, Block 2 shall not be permitted direct driveway access to Pleasant View Road. Lot 1, Block 1 and Loo. 3, Block 2 may access on Pleasant View Road but the accasses shall be located to maximize site distances. The exact location and design of the accesses shall be approved by the CLty Engineer. Said restrictions shall be incorporated ,,i.thin cove- nants and restrictions which shall be applicable to thy, final plat of P.he subject property :.nd which sha11 be filed with the Carver County Recorder contemporaneously with the filing of said final plat. 5.03. Watermain Loop. Unless otherwise determined by theo City Cuncil, the,City watermain serving the;:subject property_ shall be "looped" as that term is -commonly used by professional engineers, from Lake Point to Fox path along the alignment depicted as "Route C" in the report of the City Engineer, dated August 10, 1981. 5.04. Building Plans Certification. Due to extraordinary slope and soil conditions, building and site plans for all residences within the subject property shall be certified as having been re- viewed e viewed and approved by an architect or civil engineer licensed by �rf the State of Minnesota. Said building and site plan review and appro- val shall include provisions for slope protection, surface and sub- -7- �h Z surface drainage, prevention of siltation, and the preservation of trees and prevention of excessive vegetation removal during con- struction. Building pads and basement floors shall be constructed at an elevation not less Shan two (2) feet above the rf,gional flood elevation in accordance v,ith the requirements of applicable City ordinances. The terms and conditions of this Section 5.04 shall be made a part of covenants and restrictions which shall be applic- able to the final plat'of the subject property and which shall be filed contemporaneously with the filing of the final plat with the Carver County Recorder. ".0". :mcnl.:: 1Wdit-.11 .(I uII flat. Iit! rpt. 1.na1 ,:ar.unu: II.:; for surface water drainage, includf.n(l ponding and sm edicnt'ation basins and -access thereto, shall be dedicated on the final plat to the extent permitted by State law. All such easements not so dedicated shall be granted to the City in form approved by the City and acceptable for recording in the Office of the; Carver County Recorder. 5.06. :streets. All streets within the plat shall be dedi- cated with a 50 foot wide right-of-way, and shall have a 28 foot roadway surface with surmountable concrete curb and gutter. All street cul-de-sacs shall have a right-of-way radius of 60 feet, with a roadway surface radios of 40 feet with surmountable concrete curb and gutter. All streets shall be constructed in accordance with City standards approved by the City Engineer. 5:.07. Ponding and Sedimentation Basin Maintenance The Developer shall maintain in good operational order all ponding and sedimentation basins during all phases of construction within the subject property. After formal acceptance by the City, said main- tenance shall be the obligation of the City. 5.08. Trail Easement. The Developer shall grant to the 'qty a perpetual easement ten (10) feet wide for use as a City trail,, ,,,id easement described as follows:.:.... A 10.00 foot permanent easement for trail purposes, the center- line of which is described as follows: Commencing at a point s line parallel to and 5.00 feet northerly of the south lines of Lots 19 and 20, Block 1 to a point 5.00 feet or more east of the wetlands area in said Lot 20; thence in a northwesterly direction 5.00 feet easterly of said wetlands to the north line of said Lot 20; thence continuing northerly to the northwest corner of Lot 22, Block 1; thence northwesterly along the south- westerly boundary lines of Lots 23 and 24 to the easterly right- of-way line of Fox Path and there terminating. It is the inten- tion that this easement be located adjacent to but entirely easterly of any wetlands area in Lots 20, 21, 25 or 26 of Block --7 f r� 1; and, therefore, if after a survey of the area is completed, the above.described easement lies within any wetlands, the Developer shall execute an amended easement agreement with the new description. The form of said easement and exact legal description.shall be ap- proved by the City, and shall be filed before commencr!ment of con- struction of any public improvements. When constructed, the portion of the trail easement on the Fox Path right-of-way may be constructed at the City's expense with a bituminous surface and the 10 foot portion of the easement not in the Fox Path right-of-way shall be surfaced with wood chips. All trail easement construction shall, be performed by the City in aite'orrl.tncu w L Lit :cline. L f Lca L l on:; ,jpIir•uvatJ 4y Lilt! C i Ly I•:ntt 6ucarr. ' .'t. 'I'r.,t I I:.e.enu-u l: I•,u•k t:h.u.p•. t:r,•,li l.. IN., urr,.11 1. l u� park charges under Chanhassen Ordinance N<Y. 14 as .amended shril l be gr•anLed DoveLoper, Us successors or assigns, Lor Lhe gr'auL of the perpetual trail easement. 5.10. Park Fees. Prior to the issuance of building per- mits for residential construction with the plat, Developer, its successors or assigns, shall pay to the City the park fee then in force pursuant to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereafter, as said park charge fee may be adjusted by the provisions of Section 5.9 above. 5.11. Street Maintenance During Construction. The Developer shall be responsible for all street maintenance until streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said and directing attention to detours. if streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without, the plat swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance Of ;aid street,. The City shall not•be.responsibLe for re -shaping said streets because of snow plowing operations if they are requested. Providingsnowplowing service does not constitute final acceptance Lit said streets by the City. Developer agr,::es to pay all costs - uf snow removal done by thy: City prior to acceptance of said streets. 5.12. Street Signs. All street name and traffic signs required within the plat at the time of City acceptance shall be furnished and installed by the City at the sole cost- of the Developer. 5.13. Covenants and Restrictions. Covenants or restric- tions to be placed upon the lots in the subject plat shall be pre- pared by the Developer and shall be approved by the City Attorney prior to recording with the County Recorder. The Covenants and Cr r`' Restrictions shall be approved if they are consistent with the re- quirements of this agreement. The zoning ordinances and regulations of the City shall govern if inconsistent with said covenants and restrictions to the extent actually inconsistent; but if not inconsis- tent therewith, the standards contained in said covenants and restric- tions shall be considered as requirements in addition to said City ordinances and regulations. The City shall be held harmless in the.event any.disputes occur involving covenants and restrictions. 5.14. Setting of Lot and Block Monuments. Developer shall place iron monuments at'al). lot and block corners and at all other angle points on boundary lines. Iron monument placements shall be verified after construction of improvements has been completed in order to preserve the lot markers for future property owners. SECTfON 6, CONSERVATION 1•:ASEMI•:NT. Easement: to be granted. Developer !;hal l Brant W the C:it:/ a perpetual conservation easement for environmental protec- tion and wetland preservation over those areas of Lots 7 through 19, inclusive, of Block 1 of the plat which lie below the elevation of 900 feet. No credit for park charges under Chanhassen Ordinance No. 14 as amended shall be granted Developer, its .successors or assigns for the grant of said easement... - 6,02. Conservation Easement Development Restrictions. All of the following activities shall_ be prohibited within the con- servation easement area, including the wetlands as delinated on Exhibit "A", Chanhassen City Council meeting of April 26, 1982 and on Lotus Lake adjacent to the easement area: The placement and erection of buildings. structures, and docks and walkways. (Except as providc,d in 6:03.) The alteration of vegetation in any manner or form. (Except as provided in 6.03.) The excavation or -filling of the easement area. The application of fertilizers, whether natural or chemical. The application of chemicals for the destruction or retardation of vegetation. The deposit of waste or debris. Construction of paths, trails and service roads except as permitted by the City. The application of herbicides, pesticides and insec- ticides. -10- p g- Boardwalks may be constructed to serve as approach walkways to Lotus Lake and/or docks over lands which are 1nLermitLetiLly or' permanently weL. Paths may be created for dock and boardwalk approaches over dry ground. h. No motorcraft shall be moored or docked overnight at any such docks unless said watercraft is either. (a) currently registered, pursuant to Chapter 361 of Minnesota Statutes, in the name of the owner of the lot served by said dock or in the name of a member of said owner's household. i Vegetation may not be removed except for a sw,-;t11 exl "lltitnil ()Ill. of o Ouch In, 1,pctr W.114'r. 6-. 04. F(WIll and Appr(rv.0 i.+I t)l III,- c�in::�:t•v,�f.luu ua:!emulrt-':;hall he ht•t_parcd by Llic• CiLy -IL Lhc expeu_cu of the Developer, and shall be approved by the City Council prior to submission to the Developer for execution and delivery to the City. 6.05. - Inclusion in Covenants and Restrictions. The con- servation easement shall be made a part of the covenants and restric- tions applicable to the plat and shall be incorporated therein by reference, and as an exhibit. forming a part of said covenants and restrictions. A SECTION 7. ENFORCEMENT PROVISIONS. 7.01. Reimbursement of Costs. The Developer shall reimburse the City for all costs, inciuding reasonable engineering, legal, planning and -administrative expenses incurred by the City in connec- tion with all matters relating to the administration and erLforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the Ci::y's itemized notice of costs. IF the bills are not paid on time the City may halt all plat development .work until the bills are paid in full. a, The City shall have no obligatiun to pay such devel- opment costs whether or not the City has approved the work. b• The Developer stall pay the City',s out-of-pocket expenses previously or subsequently incurred, including but not limited to legal, planning, engineering and inspection expense; incurred in connection with approv„1 and acceptance of the plat., and the preparation of this Development contract. -12- ` (9 S i• The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, motorized and nonmotorized vehicles (Except as permitted in Section 6.03 of this ordinance). Mooring seaplanes, in abutting waters of Lotus-, Lake (hereinafter "''the lake"). 6.03. Dockage Within Conservation Easement Area. Lots 16, 17, 18, and 19, Block 1 shall be allowed one dock for each lot. a• All docks must conform_ to City ordinances regulating dock construction. b. Mooring of any watercraft must conform to Cil:y or• dinances and regulations. c-• The dock on Lot- II, may be used by Lho owners of Lots 10-16, Block l,- No more than seven (7) boats may -use the dock and the owner of any lot may not. have more than one (l) bodL use the dock withouL the written consent of the City Council. Boats may not be docked or moored on the north side of the dock. d. No dock shall exceed six (6) feel. in width nor sha1L it exceed the greater of the following lengths: (a) fifty (50) feet, or (b) the minimum straight- line distance• necessary to reach a water depth f four (4) feet. The width (but not the length of the cross -bar of any "T" or "L" shaped dock A all be included in the computation of lengthd scribed in the preceding sentence. The cross-ba�f any such dock shall not measure in excess qY twenty-five (25) feet in length, except on Lot 16j, whioh_aLar. -br-«*•.«,...«_-:.ed--su€f3caew�l-�..tca.-aaoomoEla} o..ssv�n_-4� bva ts•-�++-•+.,ash-©vers ��i Frg-. i.c_..nec3assa ry....to-aeaoa�rla.te -+se+bwkr.. No dock shall be so located as. to: (a) obstruct the navigation of the lake, (b) obstruct reasonable use or access to any other dock, (c) present a poten- tial safety hazard. No fuel shall be stored upon any such dock. f. No more than five (5) watercraft may be moored over- night at any dock or in front of any lot with the exception of Lot 16, Block 1 where up to seven (7) watercraft may be moored overnight. t Mss The Developer further agrees to pay all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. C. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney fees, which the City may pay.or incur.in consequence of claims by all third parties including but not limited to other property owners, contractors, subcontractors, and material men. d. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engin- eering and attorney's fees. 7.02. Se,curi ty-for Pterformnnce by Devteloper•. for Lhe ptrr post: of assuring and quaranL'et txrtj to . thLe C i l.y l.tirrt Lhl: i mpr•ovemon! :: to hr: by Lhn-peVr:lupl•r r•nne:LrlN'Llvl,- 111::1,11 h -d .uul f nrnl:.h„II I:: :-,.•1 IC111.11 In 11:5.01 hcruut ::hall ht' Coll.-AL"LlcLcU, ou:Lal lint dud turLltr:hl:d accordill<1 to the l-nr•mri ut• Ithir: ,np•�tlmu.:ul , .nid 1.11.:1 IFu• fl •v •I:qx 1 �Lal.l pay all clalul:i• for work doire auld nlal,cri.ats ,and supplies fur- nishud for the per•for•nlarlce of Lh.i3 ayr•ut:menl., and Lhat Lhe Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the costs of the improve- ments described in Section 3.01 hereof, as estimated by the City Engineer. The cash deposit jr irrevocable letter of credi'. (Section 3) provided for herein shell be in addition to any performance bond or other security requireu by' the Riley -Purgatory Creek Watershed District asa Condition of the issuance of any permit by said Dis- trict. a• If the Developer does not satisfactorily complete the work this Development Contract requires the City may, -at its option, perform the•work. The City shall give the Developer at least 96 hours notice of the City's intention to perform any such work. However, in the event of an emergency as deter- mined by the City, 96 hours notice is not required. This agree- ment is a license for the City to act and it shall not be neces- sary 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 as outlined in 7.03. 7•D3_ Remedies Upon Default. a• Assessments. In the event Developer shall default in the performance of any of the covenants and agreements herein contained; and such default shall riot have been cured within ten (10) days after receipt by Developer, of written notice thereof, the City, if it so elects, may cause any of the re- quired improvements to be constructed and installed, or may take action to cure said default, and to the extent that the -13- g�9 r City's recovery on the security deposit 'in 7.03 is deficient, may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement amount of the assessment roll pertaining to any such improvement within four (4) years .after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under thr laws of this Suite of Minnc:;nt.i. In I.ht• evoill. ill .111 �•lin•r�lrn.'y, .c. Ily IIIc C1Ly LnyLtIccr, Ulu LIul,Lcu ruquLrrcmieit. to Ll ie UuvuIupur steal I be and ip hee•eby waived in i.l:s enl.irul.y, .and (.Ile Duveloper• shall. reimburse -.the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Security Deposit. In conjunction with the foregoing, the City may utilize any rash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of the improve- ments described in'113.01 above; and (2) the cost of curing any other,default by the Developer in its performance of any of the covenants had agreement contained herein; and (3) the cost of reasonable engineering, legal, and administra- tive expense incurred by the City in enforcing and adminis- tering this contract. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within develop- ment contract. SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS. 8.01. Compliance with Laws, Ordinances and Regulations; Permits. In the development of the plat, Developer shall comply with all laws, ordinances and regulations of, and secure valid neces- sary permits from the following authorities: 190 -14- (1) City of Chanhassen (2) State of Minnesota, its agencies, departments and Bions (3) Department of Natural Resources (4) Riley -Purgatory Creek Watershed District (5) U.S. Army Corps of Engineers t' 8.02. Proof of Title. Upon 'request, the Developer shall furnish -the City with evidence satisfactory to the City that it is fee owner of the subject property. 8.03. Duration of Contract. This contract shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this contract. Upon the written request of Developer and upon the adoption of a resolution by the Chanhassen City Council finding that the Developer has fully complied with all of the terms of this contract and finding that Developer has completed performance of all Developer's duties man- dated by this contract, the Chanhassen City Manager shall issue to the Developer on behalf of the City an appropriate certificate Of compliance. 8.04. Notices. All notices, certificates and other corn- munications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, pos- tage prepaid, with property address as indicated below. The City and the Developer, by written notice given by one to the other, [nay designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contem- plated by this agreement. Unless otherwise provided by the respec- tive parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager Derrick Land Company 1650'Shelard Tower Minneapolis, MN 55426 8.05. Binding Effect. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agree- ment, express or implied, shall give to any person, other than the parties hereto, and their respective successors, and assigns, here- under, any benefit or other legal or equitable right, remedy or claim under this agreement. -1 5... 8.06. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remain- ing provisions shall not in any way be affected or impaired thereby. ,. 8.07. Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 8.08. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 8.09. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 8.10. Sign Plan. Signs for the purpose of advertising the subject property may be erected in accordance;with '_he City ordinances.1 8.11. breach of any terms of this Agreement by the Developer shall be grounds for denial of building permits_ 8.12. Should an environmental assessment worksheet, environ- mental impact statement be required by the CYty or another govern- mental entity or agency, the Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. 8.13. Before construction of public improvements or any earth work commences, the Developer shall deposit with the City satisfactory security securing the full performance of this Develop- ment Contract. The amount of the security shall be 110% of the estimated cost as set forth in the attached exhibit. Upon the exe- cution of this agreement the City shall sign the final plat and release the same to the Developer. 8.14. rhe Developer shall provide a site erosion control plan satisfactory to the City Engineer for the prevention of damage to adjacent property and the control of surface water runoff during the initial construction phases of the project. This plan shall indicate the location of berm and temporary water retention areas which shall be kept in good repair until permanent drainage control is provided. Alt areas distributed by the excavation and backfilling operations, except for the future paved portion of the streets shall be reseeded as soon as practical after completion of the excavation operation. in the event that, in the City's opinion, the Developer has failed to adequately control erosion, the Developer grants the -16- !19.e • ' �o,,,�.s:: off _ - City permission to immediately enter the property and take such measures as it.deems necessary to control erosion. 8.15. The Developer agrees to -plant two two-inch trees on every lot in the P.R.D. that does not already have two trees. One of the trees on each lot may be an evergreen. The other tree shall be one of the following species: Maples (including Norway, Schwedler and Sugar)_, Linden American, Linden Littleleaf, Green Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or Oak (including pin and White). A planting plan must be submitted to and approved by the City Engineer. IN WITNESS WHEREOF, the parties hereto have caused these pre- sents to be executed on the day and year first above written. C1.'I'YU�IANIIAtit;l•;N� T7ajV +' - By ---x Z' City Manager STATE OF MINNESOTA) )ss COUNTY OF)!`i.e, v ,a.,_) DI•:1011CK LAND COMPANYliy Alt , T Sect11LCary On this ' � da of r 19 -�Z Y � k before me a not ry publ,(i�c �within and for sa dCounty,i ersonall appeared to me and p rsonally known, who being each by me duly sworn did say that they are respectively the President and Secretary of the Cor- poration named in Che foregoing instrument, and that said instrument was signed and sealed in behalf of said g9rporation by authority Of its Board ,of Directors and said __ andc,Q-fl acknowledged said instrument to be +.he -free act andeed of said corporation. STEPNwME J. OOEDi ^J(.�C—1 ) �cry r w,,,l�., '. No ar Public ..�,...wn (,w ,um L Uq 493 1 STATE OF MINNESOTA) )ss COUNTY OF CARVER ) On this 20 day of 16 ILLL , 19$� , before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instru- nuu:t. L:I Lhi. C1or)rur•.,L,e null (if :1.1id nurrli,"tl).:l r'nr•Inu•.,t.Ifill, and 1.11.11 u,tl:l Iioit.rumwll, w,.t:; :;Igilti1 a, (I :;c.ri%•II ill lu•I1.111. ul :;.tl,l munlrtIp.tI ::urin rt•.r l,l gilt by nnl.lun•I Ly ,r) II.:: tally ::,.r111CL.1 .nul :.,: i,l 'I'Innn.rI I.. liamill,un and Duudld W. Ashworth -uck:lroWlr:dyui-:;aid iust.rumenl, Lu be the free act and deed of said mun: 144L"curpuraLik r. 46L—ary Public n+.IN•/A1.PLFN•�.AJJ+ ,1)LS9:-0 r TA L,iWIP11 ROM FILING r.w u,,uUANT TO MINN. STAT, SECTION 386.77 DRAFTED E3y: Grannis & Grannis 403 N.W. Nall. Bank Bldg. 161 North Concord Street South St. Paul, MN 55075 (612) 1,,5-1661 im 'LAT �'1�1 H'1 (3 ), ; FOX CHASE OWNER AND DEVELOPER: Derrick Land Company 1770 Shelard Tower Minneapolis, MN55426 Phone: 546-22'6 DESCRI PTI ON: ENGINEER: Westwood Planning &Engineering 7415 Wdyrala Boulevard Minneapolis, MN 554,!b Phone: 546-0155 pe._;�t c..i �....r..,I 1✓.ems SUP✓EYOR: (gan, Field&Nowak, Inc_ 7415 Wayzata Boulevard Minneapolis, MN 554^6 Phone: 546-683; All that part of Government Lots 5 and 6 in Section 1, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 1 distant 905 feel South of the North west corner of said Section 1, said point being in the center line of the Excelsior and Eden Prairie Road as now laid out and travelled 1 and considering the West line of said Section 1 to be a due North and South line), thence running North 811 degrees 20 minutes East along said center line 170 feet, thence South 3 degrees 31 minutes East 428.3 feet, thence South 45 dp,lrees 32 minutes East 285 feet, more or less, to the shore line of Long Lake, thence Souioerly along said shore tine to its intersection with the South line of sal Government Lot 5, thence West along said South line 862.1 feet, more or less, to the Sout west cornu said Government Lot 5, thence North along the Westline of said Government Lot 5 1715.3 feel, more or less, to the point of beginning, subject to public road rights' within the right of way pl the Excelsior and Eden, Prairie Road and subject to an easement for right of way. over that part of the above described tract described as follows: Beginning at the point of heginning of the above described tract, thence North 89 degrees 20 minutes East 170 feet, thence South 9 degrees 32 minutes East 33.46 feet, more or less, to a point in the Southerly right of way line of the Excelsior and Eden Prairie Road, said point being the actual point of beginning of the easement to be described, thence continu- ing South 9 degrees 32 minutes East 30 feet, thence Northwesterly 'o a point in the South- erly rig:,it of way line of the Excelsior and Eden Prairie Road distant 30 feet West of the actual point of beginning. thence East along said Southerly right of way line 30 feel to the actual point of beginning. ALSO, Lots I and 11, "Vineland". 19s t P� DOCUMENT NO. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is IQ cerlas lfY that rhisdoc_ mem y of filed in th's office onigth�e__r..)ssc++loc--k�M gro3 A.D. at and was duly recorded ill �ook_�-- of — page s'�'�—"-� CountY Ric rtler by M po - - 77 n.. V t � a n � O I m Z D a� flip McCord/Sanford Dock Wetland Alteration Permit Fox Chase PUD (1979-1984) o Contentious legal issue between the City and the Developer. o Developer wanted docks on lots 10-19, City wanted to restrict docks to lots 16-19. o Primary concern for docks was that preservation of vegetation, fish habitat and aesthetics. Lake is very shallow and vegetated in this area. (aerial photo) o Compromise = common dock structure on Lot 16 for Lots 10-16. o Perpetual conservation easement below 900 ft on Lots 7-19, Block 1. Exceptions for docks on Lots 16-19. o Lots 8 and 9 were not mentioned in considering dock rights. o "Agreement Pursuant to Planned Residential Development Contract' was recorded against Lot 9, Block 1, Fox Chase. Enacts conservation easement conditions in the development contract for Fox Chase. McCord/Sanford WAP (2005) 0 6440 Fox Path (Lot 9, Block 1, Fox Chase) o April 2005: Applicant contacted staff to see if they had riparian rights. o Staff reviewed 1986 survey of 6440 Fox Path which did not illustrate OHW. Staff requested updated survey with OHW. o June 6, 2005: Staff advises Wetland Alteration Permit needed to cross wetland and access Lotus Lake. (Not aware of Conservation Easement at the time.) In the course of reviewing the WAP application, staff discovered the conservation easement. According to the City Attorney, the conservation easement supercedes riparian rights. This is the foundation of staff's recommendation to deny the permit request. In addition, staff is concerned that a decision to approve will set precedent for properties with conservation easements and similar situations (Lot 8, Blockl & Lots 10-15, Block 1). With that, staff recommends that the Planning Commission recommend denial of WAP 05-22. Also included in the staff report are recommended conditions for approval in the event that the Planning Commission wishes to approve the permit. 1. The boardwalk shall be installed as a permanent structure and the seasonal dock shall extend from the boardwalk. 2. Need to enter encroachment agreement with City to enter Drainage and Utility Easement. 3. If the dock were to be allowed staff recommends that the conservation easement be vacated for the length and width of the dock, keeping the remainder of the easement intact. 4. Dock should be re -aligned to ensure that it is outside the "dock setback zone" and shall not obstruct reasonable access to or reasonable use of other docks. 5. The applicant shall obtain all permits required by the DNR for dredging and aquatic vegetation management prior to commencing any work below the OHW if necessary. With that, I would be happy to answer any questions the Planning Commission may have. GAENG\Don\Administm ive\McCord Summary revised.doc JM move, KP Z"' > .5— 1 116, ]i MARK LKLO ADVANCE SURVEYING & ENGINEERING CO. :611 CNac Lake Road Atinne>polis, MN SScl6 Phone (612) $it 05co suetvv FOR, MARK EKLO HOMES DAI F SII RYF\'FD: Scptcmbcr 11, 1986 DRAFTED: Octobcr 1, 1986 LEGAL DFSCRIPTION•- Lot 9, Block 1, FOX CHASE, Hcnncpin Count,, Minncsom. NOTES- 1-,ml OTES-ISol p.a riot.,. Sun— We Lave au vexed the aLoee'—tribe, property —hid. the client claims to no o a",ue to no hom v n Govt—n,ent recocdr. We make no remneent:umn that the client does in fact own the property nor that ....-h of We records has been made to delennlne theer ent and nature of his httduui.. If theu re any d—ib, c -, the accumcY of We ]..:it description, c mperenttlePl —.nod abould he rtuinad to perform a title search to e` iher verify or corn the docription and to reveal such other mattara a record and.son v ease la ad urth ant- rb¢b 1111Y anect the use and value of the pmperty. n`eo`e• coven. _F.an nd 1 We sh— only those a e-enta -Lich the client inns— us of w adncbeco h -e happen to me a of thcouah """ sources an' ""I 11 -se snpmten»4 n-hleh are readilY --We and which we deem import nt. The au—Y due. nut Purport w show a0 easements and impmeements. Srend>rd Sendnls & c u" V.—les 1/2' to pipe with plvtie plu6 been., State License N—Ler 9225, not. 'f o' it Nled in then denotes found imn monument Cr, R TI FI CAT I ON: I hereby cmxy that pds plan, apeci6catian. in e-1 n report was prewired nY me .1 tmd.r my dire,' ..Po-mion and that 1 am n duly L-1 ... d Prof....:,[ En,hre.r and o Licensed Land Surveyor ude, the Lane of the State a Mimeemta. r 1 James IL Parker P.E_ & L.S., Minn. tic 9215, PCA No. E06 SCALE: ONE INCH EQUALS 30 FEET First Floor 916.90 Top of Foundation 915.90 Garage Floor 915.60 Lowest Floor 908.20 Sanitary Sewer 896.89 @ manhole Benchmark 911.78 Benchmark Description: Top of manhole as shown z e in o' �0` _ ->19 R A / N 4 G E L%.'L6ty.._T1 a.tl .y0lihty� \f �� in z ^aet .� d t pRi vfi_ �s \ W W j _ e\ \ s 0rairwye a frlenT) 90,.1 \ a, h, Utility 6E, .�. 2 t\ i A N D l _ 46634"_ '._S.8pe31 29pW. BEAR/NGS SHOWN ARE ASSUMED. �� 9R : 3 � C 0 4 D T/ C/ 7- y I m F_ E A5 E W E N __ 162 111 SCANNED J.l 112387 AGREEMENT PURSUANT TO PLANNED RESIDENTIAL DEVELOPMENT CONTRACT THIS AGREEMENT is made and entered into by and between the City of. Chanhassen, a Minnesota municipal corporation (the "City"), Zachary Development Corporation, a corporation under the laws of the State of Minnesota ("Zachary") and James M. Zechmann and Susan M. Zechmann, husband and wife (the "Zechmanns"). The property located in the County of Carver, State of Minnesota, legally described as Fox Chase, according to the plat thereof on file or of record in the office of the Carver County Recorder, is subject to the terms and conditions of that certain Planned Residential Development Contract dated July 20, 1983, recorded August 5, 1983 as Document No. 60723 '/in Book 67 of Miscellaneous Records, Page 477, hereinafter referred to as the "Developers Agreement". The Developers Agreement provides for the granting of a perpetual conservation easement for environmental protection and wetland conservation over those areas of Lots 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet. In connection with the Conservation Easement (as defined below), the Developers Agreement a_" &L --vides for (i) the future erection of a dock on Lot 16, Block 1, (which lot is presently owned by the Zechmanns) to serve the owners of Lots 10 through 16, both inclusive, Block 1, Fox Chase and (ii) the granting to the City of a public trail easement. The undersigned owners of the affected lots in the plat of Fox Chase, in order to comply with the terms and conditions of the Developers Agreement, do hereby grant and convey the following easements: Conservation Easement. The undersigned owners of affected lots in the plat of Fox Chase do hereby grant to the City of Chanhassen a perpetual conservation easement (the "Conservation Easement") for environmental protection and wetland preservation over those areas of Lot 7 through 19, both inclusive, of Block 1, Fox Chase, which lie below the elevation of 900 feet (the "Conservation Easement Premises"). The Conservation Easement Premises shall be subject to the development restrictions applicable thereto as set out in Section 6.02 of the Developers Agreement. Dockage Easement. The Zechmanns do hereby grant a perpetual non-exclusive easement (the "Dock Easement") for purposes of constructing, maintaining and using a dock for the - 1 - 6799R 'Page .—L_o4 t _1Papas SCANNED i"rrA'xar:vf� 4�tit;;cc. benefit of Lots 10 through 16, Block 1 both inclusive, Fox Chase in accordance with Section 6.03 of the Developers Agreement. The Dock Easement shall be subject to the provisions applicable thereto set out in Section 6.03 of the Developers Agreement. Public Trail Easement. Zachary, the owner of Lot 20, Block 1, Fox Chase and National City Bank, Lowell R. and Sharon Frost, and John B. and Sherrie R, Dewey the owners of Lot 19, Block 1, Fox Chase do hereby grant to the City of Chanhassen a perpetual non-exclusive easement for public trail purposes over the portions of Lots 19 and 20, Block 1, Fox Chase as more fully described on attached Exhibit A (the "Public Trail"). Conformance with Developer's Agreement. The City acknowledges and agrees that this Agreement will be deemed tc conform to and satisfy all requirements of the Developer's Agreement relative to the creation of the conservation easement, the provision for an easement for dockage purposes, and the easement for public trail purposes described in the Developer's Agreement. Running of Benefits and Burdens. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, successors, tenants and personal representatives of the grantors and grantees and their respective invitees, but may be amended without consent of the owners of any lot or lots not directly affected by the amendment. The consent of the City of Chanhassen to any such amendment shall, however, be required. Construction. The rule of strict construction shall not apply to the grants of easements contained in this instrument. The grants contained herein shall be given a reasonable construction so that the intention of the parties to confer a reasonably usable right of enjoyment on the respective grantees is carried out. Counterparts. This Agreement may be signed in counterparts. In witness to this instrument, thefparties d have cause this instrument to be executed as of the 3/S day of Ptl , 1987. 6799R - 2 - Page _rZ— of -` , Pages Eiden Construction, Inc., (Owner of Lot 10, Block 1, Fox Chase) 7 By: / r Its: r STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was ackno Aed ed before me this Z��day of 7 c��m�sf^, 1987, by and respectively of Eiden 96nstruction, Inc., a Minnesota corporation on behalf of said corporation. JMJQ Ueda C_7Kte! t . -c rc�� NOTARY NNiC—reeawu Notary Public CARY& COUNTY tOmminionexpum 5-28-93 S THIS INSTRUMENT WAS DRAFTED BY: Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 3 - 6799R Page. '3 of /,/ Pages ZACHARYmofWlif PORATION By: Its: Si(Own12, 13, 14, 15 and 20, Block 1, Fox Chase STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was ackno ledged b�a ore me this J rday of ,CQus. — 1987 by yF�R2v/ �(." lot the kkV,sr-gs.— Szcrex of Zachary Development Corporation, a torpor ion organized and existing under the laws of the State of Minnesota, o behalf of said corporation. o ry Pu lic lMLYNNE AA. LE}WEYEA NOMM /l�IJC — Wl�OTA HENNEPIN COUNTY WCa xjWmB*"Nor.t21o034W 6799P, Y Page __`J _—_ .:r ---/#—pages � hv. James M. Zechmann Susan M. Zechma (Owners of Lot 16, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) thisA&he f oin i trument was acknowledged before me Ry of 1 1987 by James M. Zectmann and Susan M. Zechmann, husband and w�n f eftf�� JI n ary Public p - 5 - Page % of _ /_`E-- pages STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) NATIONAL CITY BANK OF MINNEAPOLIS, A National Banking Association, Mortgagee of that certain Mortgage dated April 21, 1987 Recorded the lqm day of 1987 as Document No. gWS (Owner of Lot 9, B1, Fox Chase) By: Its: ( G2 By'_ Its: The foreigoing instrument was acknowled ed before me this P5;* day of Y� lam✓ 1987 by and the and respectively of National City Bank of Minneapolis, a National Banking Association on behalf of said National Banking Associa iopr. Notary Public 6799R - 6 - Paye 40 Of /j/ doges 17, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 22nd day of December , 1987 by Bradley J. Williams and LQpawn M. Williams, husband and wife. Z IACCI A. WALKER Z � NOTARY PUBLIC MINNESOTA ¢ WRIGHT COUNTY mI C--M451o1 Expires Nov. 2d, 1992It l��1.OP�IIINIIIpNppp�iP�N+fNrS 67998 'licael. Q . LIA-d&- Notary Puplic — 7 _ Page of/j/ rLges "J. 12-/1&1-; James E. Ring -4 t l_ moi' A �__M 18, Block 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fore ing i str — ument was acknowledged before me this /d day of , 1987 by James E. Ring and Linda K. Ring, husband and wife. /J U (iC . NotVf Public c73? ■ ALYCE A BWOMBERO PO ARY PUBLIC • MINNE= DAROTA COUNTY MY Cammu m Expims hs 11.1990 ■Ww 1 vw~JVVAVA%MWNN✓WM/v■ - 8 - Page 9 � -4.--Wages The City of Chanhassen, a Minnesota Municipal Corporation, does hereby consent to the foregoing instrument and acknowledges that the same conforms to and satisfies all requirements of the Develcpers Agreement, as that term is defined in the for goin instrument, relative to the creation of a Conservati Easement, an easement for a dock, a If ments f a trgi s. j h By: Its: 2r✓ -- STATE OF MINNESOTA) Ov' )ss COUNTY OF CARVER ) The foregoing Iinstrument was acknowledged before me this 19.!t day day of Aky4.1987 by,� X.do„ +- f the City of Chanhassen, a U Minnesota Municipa c'orpor$-ion on behalf of said corporation. K'REN J. 14DENGELHAPDT NOTARY PUBLIC . W,'!.-`SOTA CARVER COU`fi Yy wm.:.lsvon aep^es a-I6W 7 — 6799R Page Yohn B. Dewe Sherrie R. Dewey, (Lot ly, Block 1. Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregQing instrument was acknowledged before me this 2 b day of t�cc� aa2 1987 by John B. Dewey and Sherrie R. Dewey, husband and flife. - 10 - 6799R Page 10 of Pages A� STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The foregping instrument was acknowledged before me this 2`U day of1987 by Lowell R. Frost and Sharon Frost, husband and wife — 11 — 6799R Page �/ 1�_ Pages Lecy Const ruc ion }�- STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) The fo eg ing instrument was acknowledged before me this (4Pdayo , 198J by Mark D. Lecy, President of Lecy Construc n, I ., a corporation organized and existing under laws of the State of Minnesota, o behalf of said corporation. Nbtarf 7ubIic 1O ♦ % LYNN 6L LEHMEYER WTAW PUNX-MROC 0TA HBANEPIV COUNTY - 12 - 6799R apilton Fritz (Lot` -I5, 1, Fox Chase) STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) 11 The fore ping instrument was acknowledged before me this L day of �, 1987 by Barie P. Fritz and Lisa liami ltoa Zz « husband And wife. 'Nbt4ty Public C yl, " /h. Le,f .4�y-o,- n'l y W M/11J 5114 -C)eP.re5 ///(a173 - 13 - 6799R page JR of-14—Pages EXHIBIT A Legal Description of public Trail A permanent easement for across the easterly fifteen (15) Chase, and the Southerly ten (10) Chase, according to the recorded Minnesota. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee J IN.!!j' This is to certify that this document was filed in this office on the-amL*ay ofSLa.h._19U-A.D.atio:80_o'clock . j& M. and was duly recorded as document no. 93995 CARL W. HANSON JR. Rsoor byA l -to) ;A'A - Paso r M_IV G G._ trail purposes over and feet of Lot 20, Block 1, Fox feet of Lot 19, Block 1, Fox plat thereof, Carves County, 14 - 6799R ,,/ �+L_atJl' -Pogo CITY OF CHAN14ASSEN PLAIINED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF FOX CHASE DERRICK LAND COMPANY `��GREEMENT, Made and entered into this .Z.O day of , 1983, by and bet.weeu DERRICK LAND COMPANY, a Minne- sota rporation, (hereinafter referred to as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein- after referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other applicable st.atie laws, and the Developer• in consideration of the mut.u;rl covrr,ant:: livr•ein contained, recite and agree as follows: SECTION 1. Itl•:clul•:S'I Folf 1-1,1%i APPI(OVAL. The Developer has asked the City to approve a plat of latui owned by: 1.01. Derrick Land Cooq,any, A Minnesota Corporation, fee owner; 1.02. Wilma c Thompson, Mortgagee. To be known as f „x cha:., ret,�rr ed Lo ii. this Agreement as the "Plat".) - _.uch hr•c,.c) 1,, q;yl IV described as shown on the attached Exhibit "A" which `u•r, t,y meet,• ., part hereof. SECTION 2.0 HECITA1,5. 2.01. Fox Chose PreLinnraary Development Plan and Prelimi- c%aryPlat_ `The De•velvpc°r is the fee owner of a tract t land lying within the City, as more particularly described on Exhibit. "A" attached h(ret.o and made a part hereof (hereinafter the "Subject Property" .)r "Plat"). The Developer has heretofore made app Lc(-at:iOrr to th.- City under the City Zoning Ordi- nance for the approvai nL a P-.1 r•l.,ruaed Residential District encom- passing all of the- sul.jeri- propi-r i p SECTION 3. C0NDiT1oN.. of PLn'1 APPItuVAI,. The City hae. approved or aureed to approve the plat on condi- tions (1) That tice Developer enL,r into this Development Contracl., (2) that the Developer pr(,vade an irrevocable letter of credit, Or cash escrow (a>+ ,,ei forth in Sec•Lions 7.01, 7.02, 7.03 and tf.l';) ("Security"), guaranteeing $n(, performance of the terms of Lhis Development Contract • .,nci !•,:o auarant.eeing the payment: .,f all con struction casts of ib,- un1 .,v,_rmernl.. A letter of credit- may bu Sol) mi.tted for a one ye•jr p(•, i „(t „r time with the provision thal. it shall be renewed at the. (-nd ()l the eleventh month for any improv( - merits yet to be satisfa(-I or t ly completed and accepted by the City, 8.7/19/83 scµp Failure to furnish a new before the posted letter of default and the City ting letter of credit. letter of credit at least thirty (30) days of credit lapses shall be deemed a condition may obtain all monies posted under the exis- 3.01. Construction. Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the fo]lowing Public improvements (hereinafter the "Public Improvements"), in accordance with the Plans and Specifications described in 113.02 below as modified by the Special Conditions set forth in Section 5 hereof! a. Street grading, stablilizing, and bituminous surfacing and wear surface b. Surmountable conc,ete curbs and gutters C. Sanitary sewer m%.ins d. Wateru(ains e. Storm and surfaae water drainage and retention ponds f. Street signs g. Underground utility lines . h. Street lighting ,.. i. Grading including berm construction 3.02. Final Plans and Specifications. The Developer shall provide the City with final plans and specifications, including' a final grading plan, prepared by a registered professional engineer, which plans and specifications shall be subject to the final review and written approval of the City .Engineer. Substantial changes in said plans and specifications shall be referred by the City Engineer to the City Council for approval. Said plans and specifications are hereby made a part of this agreement. Developer shall not make or permit any changes, variations, omissions or additions to City approved final plans and specifications without the written approval of the City Engineer prior to any such change, variation, omission or addition. 3.03. Standards of Construction. Developer agrees that all of the public improvements shall be constructed and installed in accordance with the aforesaid City approved plans and specifications, and that said improvemeLnts shall equal or exceed City standards, and that all of said work shall be subject to the inspection and approval of the City Engineer. 3.04. Materials and Labor. All of the materials to be employed in the making of said public improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. _2_. I>& 3.05. Staking, Surveying and Inspection. It is agreed that the Developer, through his engineer, shall provide for all staking, surveying and resident inspection for the above described improvements in order to ensure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including reasonable charges of the City for legal, Planning, engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the financial security to be furnished to the City by the Developer pursuant to the terms of this agreement. 3.06. Completion Date and Schedule of Work. ti. It is aclreed by thu Dcvc•luper• Lhat Lite! cun:0,rucl.lon of Lha public: .tnd 111lv.114• 11tgir•t,vvim-111.:i :;h,tl I wlLlitn two (2) years of Lite t i l cttg of Lhe finial plot at Lhe Carver, Country Courthouse and that all public, improvement.:= shall be completed within two (2) years of said plat filing. b. The Developer or his engineer shall schedule a pre- ccnstruction meeting at a mutually agreeable time and place with all parties concerned including the City staff to review the program for the construction work. Upon completion of sewer and water lines shall be tested in accordance with the testing procedures that are required by the City Engineer. Within thirty (30) days after completion of the improvements, the Developer shall supply the City with a complete set of "As Built" plans. C. Final approval and acceptance of the project shall take the form of a Resolution duly passed by the City Council, on the advice of the City Engineer. Final approval and accep- tance shall be granted upon the City Engineer's satisfaction pursuant to Section 3.08 and shall be conditioned upon the one year guarantee of work and guarantee bond set forth in Section 3.15 hereof. 3.07. Claims for Work. The Developer shall not do any work or f6rnish any materials not covered by the plans and specifica- tions and special conditions of this agreement, for which reimburse- ment is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or fur- nished by the contractor, without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. -3- 3.08. Final Inspection. Upon completion of all the work required by the City Engineer, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contrac- tor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 3.09. City Disclaimer. It is agreed anything to the con- trary herein notwithstanding; that except for its or their negligence or malfeasance, the City of Chanhassen, the City Council and their agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's conLractor or sub- contractor, material men, laborers or any other, person or, persons whomsoever, for any ci,ii.nt, drnl,tritl, d,kill, u7e:: ncl.ion:: nr• r.nt:ur:; of act,lun of any kind or ch,iracLer• arl:cinq out. ut ot• by rc•rr;uu of the UxecuLlon of this atireement or I.lu• Itc1 lornl.uu t• ,11141 1•onq,lr•I.1till ul Lite work and the improvements provided herein, and Lhat Lite Developer, shall save -the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements, and expenses of defending the same, specifically including, withuut. intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering ser- vices and costs of legal services rendered in connection with defen- ding such claims as may be brought against the City. 3.10. Erosion Control,. Developer,at its expense, shall provide temporary and permanent dams, earthwork, retention and sedi- mentation basins, and such other practices including seeding of graded areas, as shall be needed in the judgment of the City Engi- neer, the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, and the Department of Natural Resources, to prevent the washing, flooding, sedimentation and erosion of lands and road within and outside the plat during all phases of construction, inclu- ding construction on individual lots. Additionally, the Developer shall comply with all conditions of the grading and land alteration Permits from the Riley Purgatory Creek Watershed District, the U.S. Corps of Engineers, the Department of Natural Resources approval and all of the recommendations of the U.S. Soil Conservation Service in its reports to the extent consisterit•with the requirements of other regulatory agencies. The following minimum restoration require- ments shall be met. The City Engineer shall determine if any •; other agency requirements are more: explicit or restrictive; and may, at his discretion require that those conditions be met in lieu of any or all of the following. a) All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. b) Seed shall be rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. c) All seeded areas shall be mulched as neces- sary for seed retention. I. - -4- 0 A plan consolidating all applicable conditions concerning construe.- tion grading and drainage shall be submitted to and approved by the City Engineer prior to commencement of any work. 3.11. Street Lighting. The expense of furnishing electrical. energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after fifty percent (50%) of the buil.dinq lots have been improved by the, construction of residences thereof whicheveris first to occur. 3.12. Conveyance of lmprovements. Upon completion of the installation by Developer of the improvements set forth in 113.01 hereof in accordance: w i th the p I ans and spec i f i.cal. i.olls hcr•eundor and the written approval by Lhe C r t.y i[ noL pr•ev i ons l y 41crl i ca 11.41 in 1.111. 1 in.rl 10.11., U,•v,•1:1p, r n11,111 ,•,1ovt•y III,- 1.1od .11141 :;.rid iml,r'.v, menta. Lu I.he City true of all lien:; Illd ,•neumhranclr ,1110 with W,1r r•.1nLy „t I.i l.lu 1111^awnl I'o ki l l .,I !;.Ill. .n, Wf"rrAnl.y U,•,•,I, .c, --,11q.1 i able. Should the Developer Call to so convey said improvements, the same shall become the property of the City Without further noti.,' or action on the part of either party liervLo, other Lhan acce-pL;nu•.• by the City. 3.13. Building Permits and Occupancy Permits. a. Prior to completion of the grading .ntd placement: of rock stabilizing materials for road construction within the plat, the City Builhing Inspector, with the Approval of the City Engineer, shall be authorized to issue building permi.t:. for residential construction within such plat upon payment of all fees and charges applicable to the issuance of permits and provisions for adequate site access. b. The occupancy of any structure within said plat for residential purposes shall be prohibited by the City until the streets have been paved with a 12 inch base bituminous surface or CL5 if approved by the City Engineer, municipal sanitary sewer and water lines shall have been installed, tes- ted, inspected.and are available to serve the lot for which a building permit shall have been issued. 3.14. One Year Guarantee of Work and Guarantee Bond. All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 113.01. above, which are found by the City to be defective withon one year after acceptance by the City shall be repaced by Developer at Developer's sole expense_ In accordance with Section 7.02 and not in addition thereto, the within guarantee of work shall be secured to the City by an irre- vocable letter of credit, or a corporate surety bond, at the elec- tion of and in an amount established by the City, furnished by the Develcper to the City. Said letter of credit or surety bondmall first be approved by the City Attorney, and shall be in addit!'on to, and not in lieu of any other remedies which may be available to the City to secure any defects in maLerials or workmanship. 4?45)� 3.15. Liability Insurance. Developer shall take out and maintain so long as Developer's obligations continue under this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcon- tractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be riot less than $500,000 for one person and $1,000,000 for each occurrence; limits for proper- ty damage shall be not less than $200,000 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to initiating construction. SECTION 4. STATUS OF SPECIAL ASSESSMENTS. 4.01. Developer AcknuwlurJrl_:.; :Ji.-t1-ISunoLiL. The UeVeluper acknowledges that the subject pr()lu•r•I.y d,:rivc:; "spoci.il bc•nefiL," a:3 Lh,il l.urm is dcl ined by pr,-rc,•nl c.u;c low candor Ch,rptur 423 cal Minne.,;ot.a titatutc::, from Lhc :c,•wcr• I if I :;I,,Liun .caul w.1tol, supply faciliLles, trunk and lateral sanitary sower lac:iLilics, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improvement Projects. 'rhe Developer acknowledges that the amount of such special benefit. is riot. less I:b,rn Lhc• sum of the• following amounts: a. Levied Special AssessmenLs: Parcel No. 25-01-000-0037-000, 20.08 Acres in.part of Gov't. Lots 5 and 6, 1 sewer, and water lateral assessment levied in 1973 in the amount of $4,119.00, payable over 15 years at 7% interest. 1 sewer and water trunk assessment levied in 1980, in the amount of $1,054.96, payable over 10 years at 7% interest. Parcel No. 25-79-500-0001-000, Lot 1, Vineland I sewer and water lateral assessment levied on October 1, 1973 in the amount of $4,949.00, which has been paid in full. 2 sewer and water lateral and 3 sewer and water trunk assessments levied in 1980, in the amount of $12,419.98, payable over 10 years at 7% interest.. b. Deferred Special Assessments. In addition to the 'foregoing levied special assessments, the subject property is further specially aenefitted by 68 off- -6- S- line sewer and wal:er trunk unit valued at $320.00 and valued at $380.00, and each unit shall bear interest at October 1, 1973. units, each sewer trunk each water trunk unit said sewer and water the rate of 7% from 4.02. Spread and Payment of Deferred Special Assessments. All deferred special assessments for said 68 sewer and water trunk units shall be spread and assigned to the 52 specially benefitted lots within the final plat, shall be certified to the Carver County Auditor for collection at the time of the recording of the final plat with the County Recorder, and shall be payable in installments of principal and interest over a period of four (4) years after said certification. 4.0'5. Ut!vult jar W aivi PtIhI I II4_•u in(l uu1 Iiiyht o1_ALI) •-- I The Developer waiveS iLS riyhl to public he.,riny under 2 §4J.0(it and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Special Assessments. SECTION 5. SPECIAL CONDITIONS. 5.01. Fox Path Cul -de -Sac. A "T" intersection shall be constructed by Developer at the western terminus of Fox Path, with surmountable curb and gutter, and shall be constructed in accordance with plans and specifications approved by the City Engineer. The westerly extension of Fox Path from said "T" intersecl.ion to the westerly boundary of the subject property shall be platted as a dedicated street but shall not be improved as such until develop- ment on the adjoining property shall require a street connection to Fox Path. 5.02. Pleasant View Road Access Restriction. Unless other- wise determined by the City Council Lots 1 and 2, Block 2 shall not be permitted direst driveway access to Pleasant View Road. Lot 1, Block 1 and tol. 3, Block 2 may access on Pleasant View Road but the accasses shall be located to maximize site distances. The exact location and design of the accesses shall be approved by the City Engineer. Said restrictions shall be incorporated trithin cove- nants and restrictions which shall be applicable to th final plat of Lhea subject property -nd which shabl be filed with the. Carver County Recorder contemporaneously with the filing of said final plat. 5.03. Watermain Loop. Unless otherwise determined by the City Council, the City watermain serving the; -subject property. shall be "looped" as that term is commonly used by professional engineers, from Lake Point to Fox path along the alignment depicted as "Route C" in the report of the City Engideer, dated August 10, 1981. 5.04. Building Plans Certification. Due to extraordinary slope and soil conditions, building and site plans for all residences within the subject property shall be certified as having been re- viewed e viewed and approved by an architect or civil engineer licensed by Sty the State of Minnesota. Said building and site plan review and appro- val shall include provisions for slope protection, surface and sub- -7- • � r surface drainage, prevention of siltation, and of trees and prevention of excessive vegetation struction. the preservation removal during con - Building pads and basement floors shall be constructed at an elevation not less ;han two (2) feet above the r,,gional flood elevation in accordance )•,ith the requirements of applicable City ordinances: The terms and conditions of this Section 5.04 shall be made a part of covenants and restrictions which shall be applic- able to the final plat, of. the subject property and which shall be filed contemporaneously with the filing of the final plat with the Carver County Recorder. '�•I)'. I•:,�r., •nu sil.:: Ih'd i� ,�l., •,I ,ni I'I,i l.. P( rpe 1.11.11 uouv)I for. surface w.i Ler clrv) i na le , i ne I ucl i n(i pond i ncl ,u)d r;ed i mental, i un b:,sins and access hereto, sha Lt be dedicated on the final plaL to the extent permitted by State law. All such easements not so dedicated shall be granted to the City in form approved by the CiLy and acceptable for recording in the Office of the:Carver County Recorder. 5.06. Gtreets. All streets within the plat shall be dedi- cated with a 50 foot wide right-of-way, and shall have a 28 foot roadway surface with surmountable concrete curb and gutter. All street cul-de-sacs shall have a right-of-way radius of 60 feet, with a roadway surface radios of 40 feet with surmountable concrete curb and gutter. All streets shall be constructed in accordance with City standards approved by the City Engineer. 5.07. Ponding and Sedimentation Basin Maintenance The Developer shall maintain in good operational order all ponding and sedimentation basins during all phases of construction within the subject property. After formal acceptance by the City, said main- tenance shall be the obligation of the City. 5.08. Trail Easement. The Developer shall grant to the It a perpetual easement ten (10) feet wide for use as a City trail, ,.lid easement described as follows:...._. A 10.00 foot permanent easement for trail purposes, the center- line of which is described as follows: Commencing at a point s line parallel to and 5.00 feet northerly of the south lines of Lots 19 and 20, Block 1 to a point 5.00 feet or more east of the wetlands area in said Lot 20; thence in a northwesterly direction 5.00 feet easterly of said wetlands to the north line of said Lot 20; thence continuing northerly to the northwest corner of Lot 22, Block 1; thence northwesterly along the south- westerly boundary lines of Lots 23 and 24 to the easterly right of -way line of Fox Path and there terminating. It is the inten- tion that this easement be located adjacent to but entirely easterly of any wetlands area in Lots 20, 21, 25 or 26 o Block 1; and, therefore, if after a survey of the area is completed, the above described easement lies within any wetlands, the Developer shall execute an amended easement agreement with the new description. The form of said easement and exact legal description shall be ap- proved by the City, and shall be filed before commencement of con- struction of any public improvements. When constructed, the portion of the trail easement on the Fox Path right-of-way may be constructed at the City's expense with a bituminous surface and the 10 foot portion of the easement not in the Fox Path right-of-way shall be surfaced with wood chips. All trail easement construction shall. be performed by the City in .acr:orvlancu wi.Lh ::pr•c111rntLlon:: .yrinuvud by Lhr• CiLy Kurliuet.r. ' .'1. 'I'i'.:I I I<.�: .�•m�•ul I', u'h t:h.0 .p• t: rr•�I � 1.. III uI II L 1 u1. park charges under Chanhassen Ordinance No. 14 as omaendced shill be yr•anLed DeveLoper, iLs :;uccc:.:or:: or• as.-;iyns, tor• the grant ul the perpetual trail easement. 5.10. Park Fees. Prior to the issuance of building per- mits for residential construction with the plat., Developer, its successors or a=ssigns, shall pay to the City the park fee then in force pursuant. to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereafter, as said park charge fee may be adjusted by the provisions of Section 5.9 above. 5.11. Street Maintenance During Construction. The Developer• shall be responsible for all street maintenance until streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said and directing attention to detours. If streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the plat swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of ,aid streets. The City shall not•be.responsibLe for re -shaping :,.Aid streets because of snow plowing operations if they are requested. P-oviding snow plowing service does not constitute final acceptance ,A said streets by the City. Developer agrees to pay all costs of snow removal done by th�> City prior to acceptance of said streets. 5.12. Street Signs. All street name and traffic signs required within the plat at the time of City acceptance shall be furnished and installed by the City at the sole cost of the Developer 5.13. Covenants and Restrictions. Covenants or restric- tions to be placed upon the lots in the subject plat shall be pre- pared by the Developer and shall be approved by the City Attorney prior to recording with the County Recorder. The Covenants and Restrictions shall be approved if they are consistent with the re- quirements of this agreement. The zoning ordinances and regulations of the City shall govern if inconsistent with said covenants and restrictions to the extent actually inconsistent; but if not in^onsis- tent therewith, the standards contained in said covenants and restric- tions shall be considered as requirements in addition to said City ordinances and regulations. The City shall be held harmless in the.event any disputes occur involving covenants and restrictions. 5.14. Setting of l,ot and Block Monuments. Developer shall place iron monuments at all. lot and block corners and at all other angle points on boundary lines. Iron monument. placements shall be verified after construction of improvements has been completed in order to preserve the lot markers for future property owners,. SECTION 6. CONAQWATION FAt.1-WENT. Easement; to be (;r•,_.inl.ud. Developer• !;h,il I rlrant to the Citi a perpetual conservation easement for environmental protec- tion and wetland preservation over those areas of Lots 7 through 19, inclusive, of Block 1 of the plat which lie below the elevation of 900 feet. No credit for park charges under Chanhassen Ordinance No. 14 as amended shall be granted Developer, its successors or assigns for the grant of said casement:.. 6.02. Conservation F,isement Development Restrictions. All of the following activities shall be prohibited within the con- servation easement area, including the wetlands as delinated on Exhibit "A Chanhassen City Council meeting of April 26, 1982 and on Lotus Lake adjacent to the easement area: a. The placenn>>nt and erection of buildings. structures, and docks and walkways. (Except as provided in 6.03.) o• The alteration of vegetation in any manner or form. (Except as provided in 6.03.) The excavation or filling of the easement area. 1• The application of fertilizers, whether natural or chemical. " e• The application of chemicals for the destruction or retardation of vegetation. f. The deposit of waste or debris. 9• Construction of paths, trails and service roads except as permitted by the City. h. The application of herbicides, pesticides and insec- ticides. _10- g��, r �!• Boardwalks may be constructed to serve as approach walkways to Lotus Lake and/or docks over lands which are lntermltteutly or permanently wet. Paths may be created for dock and boardwalk approaches over dry ground. h• No motorcraft shall be moored or docked overnight at any such docks unless said watercraft is either: (a) currently registered, pursuant to Chapter 361 of Minnesota Statutes, in the name of the owner of the lot served by said dock or in the name of a member of said owner's household. i• Vegetation may not be removed except for a swath uxlerldhi'l uul. :;Ix (It) I.•t •1. Irum r,u'h :: itlr. uY a tln,'It l.tt ttl ;qyl W.111'1•. Ir.O4. I'ttr'III .11111 A)t(trttv,tl of 1?.ra•uv•nl . '1.111• I.,rul ul lilt• rtnl:a:r•vaLluu u.t:�cau:lrl. :A�all be pr•cp.trr•tl by I.lur City al. I.he expeue.t., of the Developer, and shall be approved by the City Council prior to submission to the Developer for execution and delivery to the City. 6.05. inclusion in Covenants and Restrictions. The con- servation easement shall be made a part of the covenants and restric- tions applicable to the plat and shall be incorporated therein by reference, and as an exhibit. forming a part of said covenants and restrictions. I SECTION 7. ENFORCEMENT PROVISIONS. 7.01. Reimbursement of Costs. 'rhe Developer shall reimburse the City mor all costs, including reasonable engineering, legal, Planning and -administrative expenses incurred by the City in connec- tion with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's itemized notice of costs. IF the bills are not paid on time the City may halt all plat development work until the bills are paid in full. a• The City shall have no obligation to pay such devel- opment costs whether or not the City has approved the work. b• The Developer shall pay the City's out-of-pocket expenses previously or subsequently incurred, including but not limited to legal, planning, engineering and inspection expenses inr_urrr.d in connection with approv.,l and acceptance of the plat., and the preparation of this Development contract. i. The stora.le of watercraft, boat trailers, ice fishing houses, snowmobiles, motorized and nonmotorized vehicles (Except as permitted in Section 6.03 of this ordinance). j. Mooring seaplanes, in abutting waters of Lotus Lake (hereinafter "'the Lake"). 6.03. Dockage Within ConservatLori Easement Area. Lots 16, 17, 18, and 19, Block 1 shall be allowed one dock for each lot. a. All docks must conform to City ordinances regulating dock construction. b. Mooring of any watercraft must conform to City or dinances and requLal.ions. c. The clock on Lot II, may he used by 1.111• ownur.: ul Lots 10-16, Block I. No more than seven (7) boat; may -use-: the clock and the owner of any lot: may nol have more than one (1) boat use the dock without the written consent of the City Council. Boats may not be docked or moored on the north side of the dock. d. No dock shall exceed six (6) feel. in width nor shall it exceed the greater of the following lengths: (a) fifty (50) feet, or (b) the minimum straight- line distance' necessary to reach a water depth f four (4) feet. The width (but not the length of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length d scribed in the preceding sentence. The cross -ba of any such dock shall not measure in excess qr twenty-five (25) feet in length, except on Lot 16, which-4ua* -bc-ova.�J.ed-•suffic3iently-..tc>.-a000modat..e-seuarr-•(.�.�. boet� -ii-such-©v�rsieiFrg...is..rreesssar-y..to-aeoomodate -eear.bw.tc. No dock shall be so located as to: (a) obstruct the navigation of the lake, (b) obstruct reasonable use or access to any either dock, (c) present a poten- tial safety hazard. No fuel shall be stored upon any such dock. f. No more than five (5) watercraft may be moored over- night at any dock or in front of any lot with the exception of Lot 16, Block 1 where up to seven (7) watercraft may be moored overnight. -11 - g8�, -i•' 'a . The Developer further agrees to pay all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. C. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney fees, which the City may pay.or incur in consequence of claims by all third parties including but not limited to other property owners, contractors, subcontractors, and material men. d. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engin- eering and attorney's fees. 7,02. Security for Por•forplanea by Drvuloprr. for Litt? pill. pusu of assur•irty artd yuaranteuinq to tour city th:ll Lh1' iulprovumurllr Lo hu by (.11o 01tV1rlupl•r 1-nnr;lr•ur11:11, In::l ,111.•11 .1101 1111111"lwol ,I r, :.,•1 lot•[.11 111 115.01 1t:rinrl :011111 hr ruu:;LruuLurl, LtVA"rl 1111 ,roll turni:;hurl accnrdirul Ito I;hc 11rnr: of l.lrir .ulr1.1•uua11 .lilt] 11.11 11.• D1•v1•lupu1. hal L pay 111 claim::• lur work 1Juuu and n1,11er'LaLS aucl :supplies fur nishud for the per fornlancu of t.hi:i o(jr•cunlent., and 1.11,11 Ltle Developer, shall fully comply with all of the other terms and. provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the costs of the improve- ments described in Section 3.01 hereof, as estimated by the City Engineer. The cash deposit jr irrevocable letter of credi'. (Section 3) provided for herein shill be in addition to any perfvrm-lnce bond or other security requireu by the Riley -Purgatory Creek Watershed District as a condition of the issuance of any permit by said Dis- trict. a. If the Developer does not satisfactorily complete the work this Development Contract requires the City may, -at its option, perform the -work. The City shall give the Developer at least 96 hours notice of the City's intention to perform any such work. However, in the event of an emergency as deter- mined by the City, 96 hours notice is not required. This agree- ment .is a license for the City to act and it shall not be neces- sary for the City to seek a court order for permission to enter the land. Where the City does any such work, the City may in addition to its other remedies assess the cost in whole or in part as outlined in 7.03. �.03. Remedies Upon Default. a• Asses.•sments. In the event Developer shall default in the per•for•rn<ince of any of the covenants and agreements herein contained, and such default shall riot have been cured within ten (10) days after receipt by Developer of written notice thereof, the City, if it so elects, may cause any of the re- quired improvements to be constructed and installed, or may take action to cure said default, and to the extent that the City's recovery on the security deposit in 7.03 is deficient, may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement amount of the assessment roll pertaining to any such improvement within four (4) years after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure Of mechanic's liens under Che l,tw; of the Stnl of Minnenol.,i. Irl I.I11• even 1. nl nn ,•nu•r,p•n,-V, .c, ,I,•I,•i-III inc,l by Ilu• C1Ly Etlgltreer, Lilt! uuLict- Lu Llic Devuluper slid[[ be and i5; het•eby waived in i l:s anl.i.rel.y, •and Lhe Developer shall reimburse the City for any expense .incurred by the City in remedying the conditions creating the emergency. b• Security Deposit. In conjunction with the foregoing, the City may utilize any gash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of Lae improve- ments described in*113.01 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants had agreement contained herein; and (3) the cost of reasonable engineering, legal, and administra- tive expense incurred by the City in enforcing and adminis- tering this contract. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within develop- ment contract. SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS. 8.01. Compliance with Laws, Ordinances and Regulations; Permits. In the development of the plat, Developer shall comply with all laws, ordinances and regulations of, and secure valid neces- sary permits from the following authorities - '190 -14- (1) City of Chanhassen (2) State of Minnesota, its agencies, departments and commis- sions (3) Department of Natural Resources (4) Riley -Purgatory Creek Watershed District (5) U.S. Army Corps of Engineers 8.02. Proof of Title. Upon 'request, the Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 8.03. Duration of Contract. This contract shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this contract. Upon the written request of Developer and upon the adoption of a resolution by the Chanhassen City Council finding that the Developer has fully complied with all of the terms of this contract and finding that Developer has completed performance of all Developer's duties man- dated by this contract, the Chanhassen City Manager shall issue to the Developer on behalf of the City an appropriate certificate of compliance. 8.04. Notices. All notices, certificates and other com- munications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, pos- tage prepaid, with property address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contem- plated by this agreement. Unless otherwise provided by the respec- tive parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager Derrick Land Company 1'650' Shelard Tower Minneapolis, MN 55426 8.05. Binding Effect. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agree- ment, express or implied, shall give to any person, other than the parties hereto, and their respective successors, and assigns, here- under, any benefit or other, legal or equitable right, remedy or, claim under this agreement. 15- 8.06. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remain- ing provisions shall not in any way be affected or impaired thereby. 8.07. Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 8.08. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 8.09. Headintls. Headings at the beginning of sections, and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 8.10. Sign Plan. Signs for the purpose of advertising the sudject property may t,e erected in accordance with '.Irk: City ordinances. 8.11. breach of any terms of this Agreement by the Developer shall be grounds for denial of building permits. 8.12. Should an environmental assessment worksheet, environ- mental impact statement be required by the City or another govern- mental entity or agency, the Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. 8.13. Before construction of public improvements or any earth work commences, the Developer shall deposit with the City satisfactory security securing the full performance of this Develop- ment Contract. The amount of the security shall be 110% of the estimated cost as set forth in the attached exhibit. Upon the exe- cution of this agreement the City shall sign the final plat and release the same to the Developer. 8.14. rhe Developer shall provide a site erosion control plan satisfactory to the City Engineer for the prevention of damage to adjacent property acrd the control of surface water runoff during the initial construction phases of the project. This plan shall indicate the location of berm and temporary water retention areas which shall be kept in good repair until permanent drainage control is provided. All areas distributed by the excavation and backfilling operations, except for the future paved portion of the streets shall be reseeded as soon as practical after completion of the excavation operation. In the event that, in the City's opinion, the Developer has failed to adequately control erosion, the Developer grants the -16- 111Ole City permission to immediately enter the property and take such measures as it deems necessary to control erosion. 8.15. The Developer agrees to plant two two-inch trees on every lot in the P.R.D. that does not already have two trees. One of the trees on each lot may be an evergreen. The other tree shall be one of the following species: Maples (including Norway, Schwedler and Sugar), Linden American, Linden Littleleaf, Green Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or Oak (including pin and White). A planting plan must be submitted to and approved by the City Engineer. IN WITNESS WHEREOF, the parties hereto have caused these pre- sents to be executed on the day and year first above written. CITY 01'.4IANIIASS1•;j� a By City Manager STATE OF MINNESOTA) )ss COUNTY OF)N✓ Vr ta,, ) I11•HUICN I,ANU COMPANY ,l �. I'('�ideas^t ) )t J ! - Se ry — - On this day of / k 19 before me, a noti�ryy"public within and for sa d County, ersonallY appeared JQ-,S_ll'I c .c Z and,� to me p rsonBelly known, who being each by me d ly sworn did say that they are respectively the President and Secretary of the Cor- poration named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said g9rporation by authority of its Board f Directors and said and [i� d of sacknowledged said instrument to be t:he'free ack an deeaid corporation. 17 No ary Public 493 51tVH4H1EJ OOM q, �y f. rF 4, N�IIIN•M,ilNM WMI�j� r. �F�" MRUd GIUMIt 17 No ary Public 493 STATE OF MINNESOTA) )ss COUNTY OF CARVER ) On this 20 day of UL L. 19;6:3 , before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instru- nu:r11. Irl Lhr. rc,rit,r,lLu :11'.11 cel :4.1i11 narnit•i1,.11 rnr•in,r•,41.itv4, .md 114,11 eculd InnLr•umurtL w,t:; tiiclnoil oltil :;t•.11c•11 In ht•h.111 ul x•1111 urtniicip.11 1'1u'p1u•.rl,lun I1y .1111.Inn•1 Ly til I I r. III l y r'tnillul I .111-1 :..4111 T1111111.11 I.. IlamilLun and Donald W. AshwurLh Ln!A.l'L1111U11L Lu be the free act and deed of said mun 1r�`corpur•aLic t. ))jj '--• No rt��i�Pub1ic; �NV.vVJVNA'• LALIVIPI FhUiul FILIWb t-. ,l ,,,,,uUANl TO MINN. STAT. SECTION 386.77 DRAFTED By; Qrannis & Grannis 403 N.W. Nall. Bank Bldg, 161 North Concord Street South St. Paul, MN 55075 (612) ^1-5-1661 -18- 'LAT FOX OWNER AND DEVELOPER Derrick Land Company 1770 Shelard Tower Minneapolis, MN 55426 Phone: 546-2276 DESCRIPTION: /4t Q J 1 CHASE ENGINEER: Westwood Planning &Engineering 7415 Wayzata Boulevard Minneapolis, MN 55426 Phone: 546-0155 11% P/al of Few 010st Lie..: et VJ �"Y"11✓.lS...' SUP. vEYOR: Egan, Field & Nowak, Inc. 1415 Wayzata Boulevard Minneapolis, MN 55476 Phone: 546-683: All that part of Government Lots 5 and 6 in Section 1, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 1 distant 905 feet South of the North- west corner of said Section 1, said point being in the center line of the Excelsior and Eden Prairie Road as now laid out and travelled ( and considering the West line of said Section 1 to be a due Nortn and South line), thence running North 81) degrees 20 minutes East along said center line 170 feet, thence South 3 degrees 3" minutes East 428.3 feet, thence South 45 dr„rees 32 minutes East 285 feet, more or less, to the shore line of Long Lake, thence Soutt;zrly aloiig said shore line to its intersection with the South line of said Government Lot 5, thence West along said South line 862. 1 feet, more or less, to the South west corny, said Government Lot 5, thence North along the Westline of said Government Lot 5 1715.3 feet, more or less, to the point of beginning, subject to public road rights within the right of way of the Excelsior and Eden Prairie Road and subject to an easement for right of way over that part of the above described tract described as follows: Beginning at the point of beginning of the above described tract, thence North 89 degrees 20 minutes East 170 feet, thence South 9 degrees 32 minutes East 33.46 feet, more or less, to a point in the Southerly right of way line of the Excelsior and Eden Prairie Road, said point being the actual point of beginning of the easement to be described, thence continu- ing South 9 degrees 32 minutes East 30 feet, thence Northwesterly to a point in the South- erly rig;nl of way line of the Excelsior and Eden Praire Road distant 30 fee! West of the actual point of beginning, thence East along said Southerly right of way line 30 feet to the actual point of beginning. ALSO, lots 1 and 11, "Vineland". 1% d 'y--3 DOCUMENT NO - OFFICE OF COUNTY ESOTTA ER STATE OF MIN". COUNTY OF CARVER This is to certify that this as __c, d nt V Of filed in this office oni he o.cl��ock A M &4-cf g—a A.D. atgs and was duly recordee 1i'1 ook ��— ofPa%9 County Recorder - by N W JUL.27.2005 3:49PM Tom & Judy Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 July 27, 2005 Chanhassen Planning Commission City of Chanhassen 690 City Center Drive Chanhassen, Minnesota 55317 N0. 364 RE: August 2, 2005 public hearing for Wetland Alteration Permit to construct walkway and dock on property located at 6440 Fox Path, Dear Sir or Madame, P. 3 As the adjacent owner of 695 Pleasant View Road I would like to object to the proposed Alteration Permit. Having lived for nine years ourselves at 6410 Fox Path, Lot 6, from 1990 to 1999 it was clear in our subdivision plat that only lots 10 thm 19 has any access to Lotus Lake. While lots 2 — 9 had lake views we were not allowed to directly access the lake. Now we live directly cast of Lot 9 at 695 Pleasant View Road. If you did grant them an easement to cross the Conservation Easement (which restricts the placement and erection of buildings, structures, docks and walkways), they still cannot: 1. Reach open water in a straight line direction while maintaining the city code dock setback requirements. 2. Other neighbors would be adversely affected. They are going directly across any future access for 6430 Fox Path. 3. Their proposed location is within 8 feet of our dock not 20' as indicated. They do not show our dock correctly on their survey. 4. They cannot reach our channel without dredging the lake due to 2-4 inches of water depth in the entire area where they are proposing their dock, This area is often a dry bed if we do not receive continuous rains, 5. The length of their walkway and dock is estimated to be at least 440 feet long to no open water, To reach open water is an additional 350 feet at a severe angle to their proposed dock, not a straight line as the code is written. 6. Dredging cost a minimum of $50,000 plus a DNR permit which is very hard to acquire, I just went through this cost analysis recently. aar.*�EG JUL.27.2005 3:50PM Na. 365 P. 1 7. Our channel maintenance costs, (weed spraying) would have to be shared and we are not interested in any agreements or partnerships. 8. The Conservation Easement supersedes any Riparian Rights, 9. There is a family of deer immediately to the south of their proposed dock which would adversely affect them. The deer have lived there at least since 1989, Many giant snapping turtles additionally live in their proposed path. It is also home to the Egret, Heron, Ducks and many species of birds. It is also a spawning bed in the spring for the pickerel and carp. Since your staff has also recommended the Planning Commission deny the Wetland Alteration Permit, I urge you to do the same. I would also invite you to see fust -hand what the situation looks like by inviting you to our property. peel free to stop by and walk out on our dock. Sincerely, f0v /'n Tom Meier Page 1 of 1 Haak, Lori From: JLyon87671 @aol.com Sent: Friday, July 29, 2005 3:17 PM To: Haak, Lori Subject: Wetland Alteration Permit for Marianne McCord & David Sanford I am writing in support of the project Marianne and David have planned. I won't be able to attend the Planning Commission's hearing on the proposal because it's being held at the same time as National Night Out, and our neighborhood is having their annual gathering. Frankly, I'm glad to see someone trying to improve our end of Lotus Lake! I can't see any problems being caused by the boardwalk and dock, and their presence can only improve the neighborhood. Regards, Jim Lyon 890 Fox Court Chanhassen 952-470-3593 7/29/2005 Print Data/Map c l".""d Road Text US Hghways ON Highways P1 CSAH County Reads Lakes Poaels Atnal Phan 2002 PID# 252700090 Addles: :PATH kSSEN . MN B SANFORD & NNE M MCCORD X PATH IASSEN . MN 55317 Page 1 of 1 IDIS Acres: t Residential Year Built: 1987 jIlomestead: Y Il Residential Footprint Sq Ft: 1488 I S.h.1 District: 0276 11'arcel Location 'on: Ol I.ot: 009 Township: 116 Blonds: 001 Range: 073 Pletname: FOX CHASE ayabk Year 2006 Iast Sale Information Sale Date: 11/0211998 st Market Value Land: $146100 Sale Price: $280000 L Market Value Building: $270300 Quadlfied/Unqualdted: QUALIFIED SALE Map Created: 7.7-2005 at. Market Value Total: $416400 CARVER COUNTY GLS DISCLAENER: This map was created using Carver County's Cmoeraphw Information Systems (GIS), it is a compilstioa of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a refaenoe. Corer County is not responsible fur any inaccuracies cortaio d herein. http://156.99.124.167/websitelparceLintemeLrecaplprintdatamap.asp?PID=252700090 SCANNED 7n12005 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Wetland Alteration Permit to construct a boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of thetproposed project. 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 Droject. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Refonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Pla. ning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to oommemiaUndustdal. • 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 t:: application will be included in the report 10 the City Council. If you wish to have something to be included in the report, please contact the Planninq Staff person named on the notification. SCANNED JUL 7 nINNH/ �c I1�11,FTE. CITY OF CHANHASSEN 8 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us 553 06 07121 RETURN TO SENDER )T DELIVERABLE AS ADDRESSED UNADLE TO FORWARD 55317014747 *0770-13052-21-42 ,JIIII'll 111fill I1111111,I,tlLL,ll111111till" 11111111 This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map Is a compilation of records, information and date located in various city, county, state and federal ol6cesand other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this dAnap are error free, and the City does not represent that the GIS Data can be used for navigational, racking or any other purpose requiring exacting measurement of distance or directon or precision In =he depiction of geographic featuresif errors or discrepancies are found please contact 952-227-1107 Zi preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and She user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all dalms, and agrees to defend, Indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties 0ich_risggylDf 1hgN,5e gccgg,�or use of data provided. 5377�'V�39! 1'�db TODD R MAGILL & UTF KELLY N PIEROPAN 660 PLEASANT VIEW RD CHANHASSEN MN 55317 SCANNED 'II i V�v Hedlund Engineering Services 9201 East Bloomington Freeway Bbomington, Mhnesota 66420 Land Surveyors Civil Engineers Land Planners Phone: 888-0289 surveyor`s G'ert�f�eate 11 BOOK _ PAGE JOB NO. 002- Sq SURVEY FOR- Hark Eklo homes DESCRIBED AS: Lot 8, Block 1, Fox CHASE City of Chanhassen, Carver County, T'innesota and reserving easement of record. e; E RP\�PCm O N 45,320 0 8 o..y- 60., � O\q s ' �o WQ 101 I i tzl 444t' cE 19,1 w�U' 90 A J i `b,P ose� s G191(?. 'gI111 1 P00 aro q�'Oti a 4 s;, PROPOSED ELEVATIONS Ic~ WIt, 11•67 'O3 r 6 � Top of foundation . to4•S 1 ` ,y 4tir/O2 \g 4 Garage Floor . 10. m Baseen? Floor/orlZ Approx. Sewer Service ENv. • � p \ 1 O Proposed Elevations O (0 4'/6-°S Existing Elevations Drainage Directions .......► N /39 SID Denotes Offset Stake r El FAX 6 i Sap Q: R u 26, 100-¢ �pq R'c6S cs i BENCHMARK,�' -�a'j M'4 M. N, < x99.9 �Y° C L°4- 811 - ass -.-•d a . - ioo.o hereby c#ttif,that his survey, plan or report was prepared by me or under my direct MIN. SETBACK REOIREMENTS supervision and that I am a duly Rj�gistered Land Surveyor under the laws of the FRon T -30' 9q 8 State of Minnesotary i✓OcisE - /O' Date: Z /ZZ/gg�- �r G.9'eR(ge - /D Jeff4y W. LI gran. License No. 14379 l i l/� •1 1�7•v -30.A 3Sq,�- rioe.l -1653 t4 914-41100,C)- 57 �f o - I i Zz�pu _p g133.3 , yyW � o 0 9.3 .l 1 o j 24.D„ 513.5 O - Propose f – �: QriV N N ReS,�fen CL' O 1 'CO 1gi3,4 � go,a -o gra" r�olg i gi3.m.A 9131 4�0�' o � I p 1 0 �yoB.E 9i? 7b s a�1.9 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and vis. ible encroachments, if any, from or on said land. surveyed by us this 23rd day of September 19 87 rfy�0 r e \•"e�r24 SAI9 L I 253'22 z LOT SURVEYS COMPANY, INC. o Q INVOICE N020871 s 1 , LAND SURVEYORS F. B. N0. 354-55 30' SCALE 1" EIDEN CONSTRUCTION REGISTERED UNDER LAWS OF STATE OF MINNESOTA 0 — DENOTES IRON 7601- 73rd Avenue North 560-3093 Type of Building - Full Basement a Denotes Wood Hub Set Walkout For Excavation Only Minneapolis, Minnesota 55428 Denotes Surface Drainage Ourvegary 000 Denotes Proposed Elevation 5 tram e �V�'ODenotes Existing Elevation 2 G°�5' r�16z Type of Building -Full Basement walkout / ender .8(� 31 .0 l i l/� •1 1�7•v -30.A 3Sq,�- rioe.l -1653 t4 914-41100,C)- 57 �f o - I i Zz�pu _p g133.3 , yyW � o 0 9.3 .l 1 o j 24.D„ 513.5 O - Propose f – �: QriV N N ReS,�fen CL' O 1 'CO 1gi3,4 � go,a -o gra" r�olg i gi3.m.A 9131 4�0�' o � I p 1 0 �yoB.E 9i? 7b s a�1.9 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and vis. ible encroachments, if any, from or on said land. surveyed by us this 23rd day of September 19 87 rfy�0 r e \•"e�r24 SAI9 L I 253'22 .I Top of Block lt/afc. E1.= E46. r I .+l �D N P Q0 �I 11 Ol, X k I Garage Floor \ Lowest Most Floor 915 7 `�►S.i oo7-7Sanitary Sewer Service Invert Flevatio\n Not Available Lot 10, Block 1, FOX CHASE Signed 30 INED I z 1 o Q U� s 1 , .I Top of Block lt/afc. E1.= E46. r I .+l �D N P Q0 �I 11 Ol, X k I Garage Floor \ Lowest Most Floor 915 7 `�►S.i oo7-7Sanitary Sewer Service Invert Flevatio\n Not Available Lot 10, Block 1, FOX CHASE Signed 30 INED I EYP/CAL LOT 4 J/rtCt/ \ j•� PRELIMINARY PLAT= FOX CHASE City of [NMamm Plem,[L peUdenUel bvelortn< Contrac[ PL[ of toe geve Arsf cl )anJ Ct�pe.w -- OWNER AND DEVELOPER Derrick Land Company 1770 Shelard Tower Minneapolis, MN55426 Phone 541 ENGINEER Westwood Planning &Engineering 1415 Wayzata Boulevard Minneapolis, MN 55426 Phone: 546-0155 SURVEYOR Egan, Field&Nowak, Inc. 7415 Wayzata Boulevard Minneapolis, MN 55426 Phone: 546fi83- DESCRIPTION- All that part of. Government Lots 5 and 6 in Section 1, Township 116 North, Range 23 West, Carver Co•,inty, Minnesota, described as follows: Beginning at a point in the West line of said Section 1 distant 905 feet South of the North- west corner of said Section 1, said point being in the center line of the Excelsior and Eden Prairie Road as row laid out and travelled ( and considering the West line of said Section I to be a due North and South line), thence running North 89 degrees 20 minutes East along said center line 170 feet, thence South ; degrees 3' minutes East 428.3 feet, thence South 45 degrees 32 minutes East 285 feet, more or less, to the shore line of Long Lake, thence Southerly along said Shore line to its intersection with the South fine of said Government Lot 5, thence West along said South line 862.1 feet, more or less, to the South- west corner of said Government Lot 5, thence North along the Westline of said Government Lot 3 1715.3 feet, more or less, to the point of beginning, subject to public road rights within the right of way of the Excelsior and Eden Prairie Road and subject to an easement for right of way gver that part of the above described tract described as follows: Beginning at the point of 1'eginning of 1.1m above described tract, thence North 89 degrees 20 minutes East 170 feet, thence South 9 degrees 32 minutes East 33.46 feet, more or less, to a point in the Southerly right of way line of the Excelsior and Eden Prairie Road, said point being the actual point of beginning of the easement to be described, thence continu- ing South 9 degrees 32 minutes East 30 feet, thence. Northwesterly !o a point in the South- erly rlghi of way line of the Excelsior and Eden Prairie Road distant 30 feet West of the actual point of beginning, thence East along said Southerly right of way line 30 feet to the li artuai.pginILof beginnisr ALSO, Lots 1 and 11. "Vineland". I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 15th day of June, 1981. EGAN. FIELD & NOWAK. INC. urveyors by ana!t�/�� i Minnesota Registration -No. 9053 NOTES: Total Area is 35.5-' acres. 52 siggle family residential lots Erislinn Zoniiq - R -IA Proposed Zoning - R-1 Minimum Front Setback - 30 feet . Minimum Sidev'ard Setback - 10 feet Minimum Lot Area - 15,000 square feet Smallest Lot is 16, OCO square feet Largest Lot is 40, 000 square feel Average Lot size is 26,300 square feet SCANNE0 CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation S- MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF sq.ft. APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 M ! l INV.= 895.9 (.0 1 NOTE: 00 CY Bearings are assumed per plat m 0 \ o\ SPIKE 013 9 35.0 m ------- 913.3 34,41 915.4 N e 'o P 0 2 m p 907.7 0 5 g0 e w \ o / 600 m i B�^oh Ma\ H 0 Sat. M 5.9 0 .895.9 00 NORTH 20 40 Scale: I Inch = 40 Feet Iz N79'02'0 $IE -3C3 /.478 TTOE 4 c, X 900.8 SPIKE _ 26 0 % 89PS 7.7 IPOL 0_ / / o / + +9 n ' B. o f las 49`1? 006 + . I I I � \ tS 0(51 00. v (. \ \J OO. •t_r u a a yy 0 IPF 1/2' OPEN -7 V \ •rO h b u� c IPF 1/2'895.5 OPEN BD r 2 a 0 8 VO\ (^\\ nn yy Fj Ip\ *_266 ��• -U--- 129.0 3460 5 ,-'� 0 r +0°'6 r`4 ±/SET LITHE OHWLN �o 4ai1 y1/ 895.5 n n 896.2 r/ /6 SET LATHEYggS o`c fin 907.7 \\1� 303.48 60.0 896.3 -� x9061 07 I B97.4 OHWL ------ m _- 898TOE .5 'PS POL 905.6 4.7 IK 466.34- S80'37' 2911 W i; AREA: Lot Area = 43,977 sq.ft. M ! l (.0 1 00 CY N / x 896.3 78.43 Ice-, 9 \ 4,,p11E1t64,+:BiAEF!!y♦! 912.0 IPF 1/2' 895.7 0' V11 -k 3 ° ' LICENSED :�1= LAND SURIJEYOR 431,106 ,o PS POL a` 0 \ o\ SPIKE 013 9 35.0 m ------- 913.3 34,41 915.4 N e 'o P 0 2 m p 907.7 0 5 g0 e w \ o / 600 m i B�^oh Ma\ H 0 Sat. M 5.9 0 .895.9 00 NORTH 20 40 Scale: I Inch = 40 Feet Iz N79'02'0 $IE -3C3 /.478 TTOE 4 c, X 900.8 SPIKE _ 26 0 % 89PS 7.7 IPOL 0_ / / o / + +9 n ' B. o f las 49`1? 006 + . I I I � \ tS 0(51 00. v (. \ \J OO. •t_r u a a yy 0 IPF 1/2' OPEN -7 V \ •rO h b u� c IPF 1/2'895.5 OPEN BD r 2 a 0 8 VO\ (^\\ nn yy Fj Ip\ *_266 ��• -U--- 129.0 3460 5 ,-'� 0 r +0°'6 r`4 ±/SET LITHE OHWLN �o 4ai1 y1/ 895.5 n n 896.2 r/ /6 SET LATHEYggS o`c fin 907.7 \\1� 303.48 60.0 896.3 -� x9061 07 I B97.4 OHWL ------ m _- 898TOE .5 'PS POL 905.6 4.7 IK 466.34- S80'37' 2911 W i; I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated thisoy of, %/5 day of �' 200 By, .1/�� /b•, Iii°"� -- Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 i x 895.4 R I 3.01 Job NO.1530.001 B3': BJSFlle 1530001-BNDRY.dwg' T METRO I & ENGINEERING 3780 Corporate Cerner Drive -Suitt 117, Burnsville, M 55306 Pine C", Ruge" Burnsville 1 N / x 896.3 78.43 9 x S90J 895.7 896.3 896.5 SO LATHE OHML PS POL IPF RR4 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated thisoy of, %/5 day of �' 200 By, .1/�� /b•, Iii°"� -- Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 i x 895.4 R I 3.01 Job NO.1530.001 B3': BJSFlle 1530001-BNDRY.dwg' T METRO I & ENGINEERING 3780 Corporate Cerner Drive -Suitt 117, Burnsville, M 55306 Pine C", Ruge" Burnsville 50011 1 ' 16 :3 \L\KF LKLU HUNLS ADVANCE SURVEYING & ENGINEERING CO. 591. CeJar Luke Road hfhwuapolis, MN SSe16 pilon. (612) $U 0500 %1IRN'EY FOR: MARK EKLO HOMES DATE SURYE.YEM September It, 1986 DRAFTED- October 1, 1986 LE.CAI DFSCRIPTION- 1-01 9, Block 1, FOX CHASE. Ilennepin County. Minnesota. NOTES - Lee', ne. h sn. Ne hate "'—,led We aLoee ducrib.d VroPerry d.ich the client Banns t uw or ."Paan town aom rano gnvmnn..1 records. We make no repreeenLvtion tlmt 11- 11-1 luta in Ixt own the property nor that a search of the records hear been madm e to delmne tht e extent it and nature of bholdinp.If there u any doubt c . eling the a earl of tbv ley:d deacriPuon. comMlentlegal —.—I .1 -old Le retained to Mrfwm a title --h to edlor vlldy ur con-li the description and t e—al ouch other mute- of rer-1 loci. as —menta, coven.. . and c urdnun•rs wb¢b 1-1Y aY anact the nae and value a till Property. F-1 W- dhow only these e. casco a Much the client hn(ornu m of — Which ve retinal, to become aware of through oW<r source. —d uuly those nn,roramnts awhich are readily noand m -m noble—it Wbich — deem rpoa' The wrvry ht— uut Purport to an.- .II a--.. and smp—Semen,. Slarhdard Synd—IS i Cunrent n u' Ueuhaee 1/Y to Pipe -,In Plastic Plug Leanne State Licenae Nsmd.er 9235, Set, d'u' is filled 1n. then dnmles f ..d non nt—u io nth CE. RI F'IC ATION" 1 hereby e.rpfy that this "Ian....oGopon. Survey or -port was "rep.red by me or under my direct wpervldon vrd tlmt 1 am a duly Lie—mild Profe-1-1 Eneine.r and o LicuhseJ Land Surveyor under th. Low. of the State of 1 l \ r Jame. 11. Parker P . IS L.S-, Minn. Lie 9255, PCA No. 20B SCALE: ONE INCH EQUALS 30 FEET First Floor 916.90 Top of Foundation 915.90 Garage Floor 915.60 Lowest Floor 908.20 Sanitary Sewer 896.89 @ manhole Benchmark 911.78 Benchmark Description: Top of manhole as shown 1 BEARINGS SHOWN ARE A55UMED I i 1 a 900x6 I 2 4 ' '� 000.-m _... SORA / N q Cy E Nle al r ( A N p c� d ' -ori Iay Ea ; f t/ r / [ r T v .30.00 p\/o✓., a. l So o"A /6/ 1 r W o� A\ a it'O. .1 m s,, ' _\redell 'Oraii-ir e. y �,90i.•l - so -5 hrt9 d\\ 'r}il=} EgSe80e":l ny!_ 1 Se \0000 s I \ I O 2 "s 0OZ' v E A S E M E N T SCANNED JOB NO.B6651 50651 1 116 '3 MARK I[K10 110\16C ADVANCE SURVEYING & ENGINEERING CO. 5811 Cedar Lake Road NImnenpolis, DIN 55416 Phone (612) 541 0500 SURVE) FOR: MARK EKLO HOMES DATE SURVEYED: September 11, 1986 DRAFTED: October I, 1986 LEGAL DESCRIPTION: Lot 9, Block I, FOX CHASE, Ilcnnepin County, Minncsotl. NOTES: Legh Description Source: We have surveyed the above described properly which the client claims to own or appears to own from various government records. We make no representation that the client does in fact own the property nor that n search of the records has been made to determine the extent and nature of his holdings. If there is any doubt concerning the accuracy of the legal description, competent legal Couinsel should be retained to perform a title search to either verify or correct the description and to reveal such other matters of record such as easements, covenants and ordinances which may affect the use and value of the property. F,asemenrs ami Inunrovements: We slow only those easements which the client informs us of or which we happen to become aware of through other sources and only those improvements which are readily visible and which we deem important. The survey does riot purport to show all easements and improvements. Standard Symhols & conventions: "u Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, if "o" is filled in, then denotes found iron monument. CER 7'IF[CAT ION: 1 hereby certify that this plan, specification, survey or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer and a Licensed Land Surveyor under the Laws of the State of Minnesota. l E- James IL I':uker P . & I—S., Minn. Lic, 9235, PCA No, 208 SCALE: ONE INCH EQUALS 30 FEET First Floor 916.90 Top of Foundation 915.90 Garage Floor 915.60 Lowest Floor 908.20 -Sanitary Sewer 896.89 @ manhole Benchmark 911.78 Benchmark Description: Top of manhole as shown BEARIN65 SHOWN ARE A55UMED. C JOB NO. 86651 0 r e m o; Z m V m m 2 m i m d s BEARIN65 SHOWN ARE A55UMED. C JOB NO. 86651 CERTIFICAT Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found 0 Iron monument set x 935.0 Existing elevation S1 MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT, SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat AREA: Lot Area = 43,977 sq.ft. _ �tll o OT � (� \ 00 CY 91F2.01/Y ,`�'t��4(q[ptEa'tFttrytt O IP LICEISm LAND SURVEYOR 43806 IF \ \O 1 N g.nch O Mme`\ SM µN9 1.S .8FE�959 P C I W S- U R V 71H , -"�,r CR NORTH 20 ScEde: I Inch = 40 Feet "002 E N7g397' O a f a0E 4 qx x 900.8 SPIKE - 26.0 —1 697.7 PS POL 913 9 4. l WSJ /! 35.0 m 913.3 1 1 0 \ }9o'L' hk n I 1 907.7 � I� 1 l lI 1 ?3 � 907.7 o 303 4a i le __� ---- —e in _ IK x9 *898.5 o97.POL 905.6 4_ TOE SPIKE 14-1 —46 6 - 1 » Sg0'37'29 W x 896.9 00. tQ 6, p01 s a 896 4 h IPF 1/2' OPEN•+ H o % IPF PF 1/2' OPEN 80 � z z o 60'\ mono3°3� 16286y�- V 96"Q. ------------ ell __'_e % � - _- z `0 3 at5' syz OaUJ `mom y � � U U . Es x OYU DNX 000 tO O via aeo�o`i +eqb} c0 /89T LATHE OHWL N �0 a j � 895 9 �0 896.2 ' o SET LITHE �. /g956 w Kf/1 -3. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed lend surveyor under the laws of the state of Minnesoty Dated this d ' of -�15 day of L' 200 5 Og9y� Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Job No. 1530.001 B9: BJSFlle1530001—BNDRY METRO & ENGINEERING Tc00 C.P"i, Cerra Drive -Suite 117, Bwnsvilk, MN 55306 phone:(952)707-9299 Fu:(952p07-0036 Web'.www.mesmis.mm E-meil'survryrmevolzcom nada Pine City Rages BumrviOe mono3°3� 16286y�- 696.3 78.43o x '� X yI 895ATHE [y 59 .7 I 1 fi 896.5 SET LOHML $bo \PE 7p OHWL IPS POL I` 1 X IPF RR 053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed lend surveyor under the laws of the state of Minnesoty Dated this d ' of -�15 day of L' 200 5 Og9y� Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Job No. 1530.001 B9: BJSFlle1530001—BNDRY METRO & ENGINEERING Tc00 C.P"i, Cerra Drive -Suite 117, Bwnsvilk, MN 55306 phone:(952)707-9299 Fu:(952p07-0036 Web'.www.mesmis.mm E-meil'survryrmevolzcom nada Pine City Rages BumrviOe CERTIFICATE E OF Marianne McCord 6440 Fox Path Chanhassen Mrs 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument round O Iron monument set x 935.0 Existing elevation San MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 o� ° NOTE: SPIKE 9�o�e�� Bearings are assumed per plot \Qi 6g,o r_p 915.4 X04 N I 1 0 AREA: 1) Lot Area = 43,977 sq.ft. _ }11 9 ^ O 101\ bO to v°\ w col 9T 60O m t`�Z:t;49C.8titt�Th O IPF./2' OPEN o= yon, t��z LICENSED `'e�A _ \ LAND SURVEYOR 43806 F0�•` h/T+ran ¢ectc:sa5 ge°�h M°\ H 9 O Ste` 911.95 RE.8y59 4P NORTH 20 40 Scale: 1 Inch = 40 Feet "E N79-02'0'3 _ _ 397 46 f mE 4 q X9 900.8 SPIKE - 26.0 1 897.7 9a i IPS POL S 3.3 j k ° / 1 or � 0 11 0/88.5 +69196 FIT 1 \907.7907.7 1% 303,48 7 ---_-- m _,' - x9061 +898.5 897.4 SPOL 905.6 IK 466.34-Tw FRE 14.1 S60'37' 2g 345.60 X 896.9 90 �0 ,a \% kP LQs0� .00 t3� 0. ° a J f° a O O�O 4 IPF 1/2' OPEN V \ �- 4e 895.5 % c IPF 1/2' OPEN 8D 3 4 o � 1�61 ` \ E N z 856.1 9 0QE -51.88' �___ � T ------ Z ot> y � Z OdV gym¢ apz U a Z. °a Ei ° n X _ao ° t O ° N � oYd EJ o pNa n0 a ^\ 9R RS N O 7 25 v BATHE OHNLO rP1 0 ! \ ♦ I 1 t x 895.9 II O e a SET LITHE ^ \y7 /r 4 \ \ Y 3° 3 162.g6in \:. h / - `$ 695.4 Vl f,, 4 / x 896.3 78.43 O 6 1 x 895.7 Z9 I w 5 3 896.5 SATHE OHML IPS POL N OHWL / 1`r1 I IPF R4 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesoty Dated this dd of, �/5 day of 4 200 5 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Job No.1530.001 By; METRO I & ENGINEERING 3200 Ca n, C.na Drive -Suit 117. Bumsvilk. MN 55306 Link Canada Pine City Rogers Bum�'ilk CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 D ESCRI P TION - Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation son MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat .A I AREA: Lot Area = 43,977 sq.ft. _ a' �� Y 000 V b� \ 972.0 ` ;ttt65t 66i!lilfp f! , O IPF 1/2. `, HEPE�Dg s`Sp kVX \CT rJ� 3t0; LICENSED LAND SURVEYOR AW06 QP ItA 90;' Mme\ 8p°� 9 O son gji.95 RE.8959 9139 S RVJIF, 0 NORTH �—M20 40 Scale: 1 Inch = 40 Feet N7 g'02 -T 0., tt E97 4 313 9 7.487 TOE 9 X 900.8 �19E-260 i Ps P7 34560 osJ ) i I � \ o � -•� c \1 +9p'L 905M + o f/gts ,n o °u 5A1? eye A \� v 907.7 \ a sJ N '�•t- _ 1 a 7.3 907.7 �\ 303.45 0 59� 6p0696.3 915.,E �� x90r'� 7 6974 OHwL 1 _��__�°__; 905.6 *89088.5 .K 'Ps POL 14.1 466.34' SPIKE tt 29 w Sa0'37' 1 L001 00 Q- t Q A \ O b A \� a '�•t- _ � a 896.4 y 0 c -896.9 'F 1/2' OPEN 7 o 895.5 r c IPF 1/2' OPEN BD � S o m I\ CP �2 6 < e 2° � H96.1 IPS I h � � / x 696.3 75. OHML z o � o t°zs � 8 3 na O U `m ym U U zoW �Oa Ei OnU DNX ° V O S E 0y9 U 2cp _89561:1 895.5 11 111 LATHE OHV& , � 895.9 - it6. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota g-/ 5r- /� l Dated this d of, day of / , 200 5 o Y. Todd M. Hendershott, Land Surveyor \ Minnesota License No. 43806 x 895.7 9053 R 3. sa° e Job No.153o.001 By:. METRO & ENGINEERING 3200 Cnspomte Center Drive -Suite 117, Bueu ilk, MN 55306 Telephone:I952p07-9299 Fax:M52)707 0 36 Web: r .meuols.com E-mail: surveyr,nevolsxc ,.We C.d. Pme City Re,. 9umsvllle CERTIFICATE O F SURVEY Marianne McCord / 6440 Fox Path Chanhassen Mn 55317OW - _. NORTH S c9 Q DESCRIPTION, Lot 9, Block 1, FOX CHASE, 0 0 ; CARVER COUNTY, Minnesota. Scale: 1 Inch = 40 Feet •,ur, O 6 O i 1 a oO o i V 2 896.4 \ h 3 n o IPF 1/2' OPEN 0 n 0 LEGEND: Wm� _ F J_� ®� r � � IPF9. 1/2' OPEN BD Iron monument found 8 o I O Iron monument set C�� 16 �,` I o f o m y x 935.0 Existingelevation a Sm MHO Sanitary manhole Ips IPS 4 X 896.9 — \ S� BENCHMARK: ♦ Eg S• " ;mo SANITARY MH N0. 9 N O PER THE CIRY OF —3 4S 897.4 q�0 �'� r _______ � 9� . f 70E r3 a APPLE VALLEY ENGINEERING DEPT. '�'/ SMH 9 RIM= 911.95 SPIKE __-34,5-60- INV.= 895.9 x9oo.61 so" 26.0 PS POL ,,- o•�/� ► 3 �5 fis `; \ °`k\ �\ RS (� S ! r► 1 W 5.6 (�1 0 913- _ 1 i 0- 'c A/ ,x� 5 ~ NOTE: ,o?��a iPIK 35.0 4 3 !1 i +0°' o<j `Q SET LATHE OHWIO 1�N/ 895.5 Bearings are assumed per plat 895. _ 913.3 +^ °c o te) —! 5p \0; 0915.4 + +� JOE ° 1g95 0919 0909 c /SET LATHE OHi ew f/8956 4��.. _ J �\�- 3.0 Lot Area = 43,977 sq.ft.\\ = saz7 \\ I 9 a ` r� Q \\ b�r^, O �� 896.3 78.43 h z '711 `\ e E\ w 1- i o \! _ x 90 695.7 T I "moi 'Y 0 0\ 30$3 907.7 1 A Q �. ! 896.3 \ 303 'tU I _ g9 60.05 ps DL LATHE OHML gQF 1"r1 lY ! 1 975.] \ J I - 896.3 ry ii- `l •+I x9051 0 7 1898.5 5 og'Pa OHWL -466.3 �- s • R I ♦][�,y 912.0 \ / bO0 'O 5P1KE 14.1 ' ��"' IPF R 9053 ',q�S5t61i81BFiitPpt�yO O IPP 1/2. OPEN _ _ SSp•3� 2 yet ; J . h0` LICENSED ': _ \ Job NO. 7530.007 By: BJSF1121530001—BNDRY.dwg LAND MliE GR '- yct� I hereby certify that this survey, plan or report was prepared s y 4W:06O by me or under my direct supervision and that I am a duly METRO It fL TD O '4f��''�• — ^'�5 �.� licensed land surveyor under the laws of the state of Minnesota '.r OF ,da5(Q.Vti�' S�S>' q // y = LAND SURVEYING 1Tftt:ifl[tLlLi4L, MoM Dated this dry„ of, day of y �• �_, 200 5 3zooc ecm,e<n�.e-SENG1I ENGINEERING FW 55306 gm O R :9µ 95 B y: � " 'i / TelepM°e:(952p0?-9299 F.1952)707 36 E g95• J Web:www.meools.mm E-mail: survey�:meo-ols.com lE� Todd M. Hendershott, Land Surveyor LI°le Canada Pine G, Roe s ilk ' _ � Minnesota License No. 43806 s Bum CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: LotESCRIPTION- Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation sm MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 SPIKE/ 9119 NOTE: Bearings are assumed per plot 913.3' e SURVEY 1 O J \ AREA- REA: I Lot Lot Area = 43,977 sq.ft. _ g o 907.7 .30\ to ILa � CoLo a \ 9,.0 ,gtSEL61itJF!!Fl�f O IPF21/2' `oLoE\ w %0 .,.13 907.7 LICENSED -4 LAND SURIJEYOR a5 895.7 OF i�aii?�i� ar• T SURVEY 1 O J \ S , m `\ g o 907.7 .30\ 060 \1 a i \1 `oLoE\ w f .,.13 907.7 NORTH zo ao Scale: 1 Inch = 40 Feet I "E N7 939 ' .467s OE 4 t X9 -8 SPIKE - 26.0 / 897.7 9 i IPS POL OSJ / / o / +90ry +9�M e / /69B.5 5 lot 611? bA0 o I + + I 303.48 I \ 50.0 iO SPIKE ,4., -466.34-"W PEN 345.60 \ ' \ S S �t•, \� OOil a \ � N a 0 896.4 IPF 1/2. OPEN 7 N o r / PF5%2 S Po°s OPEN BD 8Q —I I I a� 7 P X 896.9 by4, 2 1 $ 6O\ i 01 1 1° is 9ay7�/ \ \ �/\OY ` a ib 1�1 IPS 5.88-' _ s \ ao $ ---- \9 O0,\ Q� ko A. /x'895 +b969 d4 "(2T LATHE OHWL Nry `N" "' oat i C; °c 8959 ^ i A896.2 / SET LATHE ya°y-8956 c 0 r ^ / � I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota M°ck Dated this dn„ of . '1 5 day of % y 200? al �' _ .8959 Todd M. Hendershott, Land Surveyor \ Minnesota License No. 43806 162 86 I Job No. 1530.001 By: BJSFile 1530001—BNDRY.dwal A METRO & ENGINEERING 32(10 Co ,c, Cemex Drive -Suite 117, Bu.ilk, MN 55306 TelcpLonc.(952)707-9299 F.(952)707-0 36 Wcb_www.ttretrols.com Email: sure etrols cam Lrttic C..& FM City Rogan Bumsville 7&43 x .896.3 a5 895.7 T BSET bQF 896.5 LATHE OHML o ,r@(Yl 696.3 PS POL OHWL H x IPF R 9053 � I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota M°ck Dated this dn„ of . '1 5 day of % y 200? al �' _ .8959 Todd M. Hendershott, Land Surveyor \ Minnesota License No. 43806 162 86 I Job No. 1530.001 By: BJSFile 1530001—BNDRY.dwal A METRO & ENGINEERING 32(10 Co ,c, Cemex Drive -Suite 117, Bu.ilk, MN 55306 TelcpLonc.(952)707-9299 F.(952)707-0 36 Wcb_www.ttretrols.com Email: sure etrols cam Lrttic C..& FM City Rogan Bumsville CERTIFICATE Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found 0 Iron monument set x 935.0 Existing elevation Sm MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat Sa IV I AREA: Lot Area = 43,977 sq.ft. `[1 W \� TO � 1�CY .. \�•L�r 'l 912.0 i�:euTutr�►r LICENSED `�� LANDSURYEYOR !.. 90y5 SpIKF S r 915.4 \ g \ g o = :100 \ 9 060 e \ \a \ i 6C -- S"01 µ0K\ µN 9 OSIkE`t 91195 RE.595.9 ki S- U R V Fly y 0 NORTH �-Wzo ao Scale: 1 Inch = 40 Feet 345.60 11 \ Sys. ; ��;♦♦ , ,97(3'02-7' ST :5l:3/ f 809E 4 g1 F X9 900.8 SPIKE _ _ 26.0 -/ 897.7 - 9 i IPS POL aS / 913.9 35-0 13.3 \ 1 O \ +90ry goy M o / \ + o #gbE5 b% 696' 907.7 \ a 1 I� 896.3 7g.43 5 907.7 T~ 303.48 ____� ----k _,' x9p6, 7 89a5 o97.POL -� �- 14.1 905.6 To 1K 466.34'8 iplK ff SBU37, 29 345.60 11 \ Sys. ; ��;♦♦ , 8 o�c`I It 7V gbl x 896.9 09`" _ IPF 1/2. OPEN 7 o / IPF51/2. OPEN Bo r o0 0 0 Ps I -- 6J 896.3 �// °• +0965 cg / SET LATHE OHWL cap O �^ o da B95.9� ' i 0 K896.2 r- / 6 SET LATHE �a }8g5 C F a_ \ �ry a 696.4 8 o�c`I It 7V gbl x 896.9 09`" _ IPF 1/2. OPEN 7 o / IPF51/2. OPEN Bo r o0 0 0 Ps I -- 6J 896.3 �// °• +0965 cg / SET LATHE OHWL cap O �^ o da B95.9� ' i 0 K896.2 r- / 6 SET LATHE �a }8g5 C I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the ,state of Minnesota Dated this da,,, of day of 200 5 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 162.86 895.4 Job NO.1530.001 By. BJSFlle 1530001-BNDRY.dwg T METRO / & ENGINEERING 3200 Corymate Center Drive -Suite 117, Bum ilk, MN 553M Nm' C"y R.,. Buruvilk 896.3 7g.43 O 90y/ S 895.7 f yR 896.5 5E7 LATHE OHML IPS POL n OHWL OHWL ID IPF R4 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the ,state of Minnesota Dated this da,,, of day of 200 5 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 162.86 895.4 Job NO.1530.001 By. BJSFlle 1530001-BNDRY.dwg T METRO / & ENGINEERING 3200 Corymate Center Drive -Suite 117, Bum ilk, MN 553M Nm' C"y R.,. Buruvilk CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 D ESCRI P TION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found 0 Iron monument set x 935.0 Existing elevation San MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT, SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat . r.: A—&006 . Op httreea:!scev`: \ 9,1D LA'S ;-Mall I,.,, 0 NORTH 2D 40 Scale: I Inch = 40 Feet 1 I \: AREA- R A:Lot _ LotArea = 43,977 sq.ft. �' s 5 % 7 to W :y G pOH.^ a \ 1 IB \ 'f�tlMgSttBtEtllyy 912.0 O IPF 1/2' �OI \\ a fey0E5+697 oo, O'S +0069 F I I LICENSED ';�A LAND SURVE'fOR I I�\ . r.: A—&006 . Op httreea:!scev`: \ 9,1D LA'S ;-Mall I,.,, 0 NORTH 2D 40 Scale: I Inch = 40 Feet 905.6 IK TOE !` 60.0SP IK 14.1 —466.34—„ — - S80•37' 29 W cr9. 951 X 696.9 0S� 955 t —7 z tS Q. o - - a a IPF1/2' OPEN 7 i PF 11 2- OPEN BD c Q �Q\ r\ F i / FJ SPS I �\�\`�•c Q o` Z oar Y o nU °w yyam,, Y � > U U $ V W boa Es OnU DNX 040 �a axa Env ONa 1 14-79-02!03 7.48'7 4 r _ 19 OQ SPIKE x 900.8 _ 26 0 897.7 Aa i IPS POL 3 % 3 : 1 O Y o / N I �+ \\ a fey0E5+697 \ +0069 F I I 907.7 \\ \ I�\ % SET LATHE OHWL 1 N \ VY 4" 5 `\ `1 5 907.7 A 303.48 I-- _� - --�m_-'*89&5 �� 07 o97•POL 905.6 IK TOE !` 60.0SP IK 14.1 —466.34—„ — - S80•37' 29 W cr9. 951 X 696.9 0S� 955 t —7 z tS Q. o - - a a IPF1/2' OPEN 7 i PF 11 2- OPEN BD c Q �Q\ r\ F i / FJ SPS I �\�\`�•c Q o` Z oar Y o nU °w yyam,, Y � > U U $ V W boa Es OnU DNX 040 �a axa Env ONa I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota M�4 Dated this d of, ��5 day of ��'—�-�• 200 995 R\EE-�g959 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Job NO.1530.001 Ely: BJSF11e1530001—BN0RY.dwg METRO & ENGINEERING 3200 Co We Cemex Drive-Sui¢ 117, Bumsvilk, MN 55306 Tclq)Wne(952)707-9299 Fm.(952)7W-0036 Webxw metrolrcom E-mail: survevfamieeals.cwn .& PRne C, K.'v Bumevilk -- ------- 19 OQ 345'60 -.5' % 3 : CU N I �+ 1,. W -8956\ \ \ \ CU \� ^I % SET LATHE OHWL VY 4" 5 `\ `1 C) rK.�•�%� �,oA o \♦ I I 895 J 9 58 4896.2 / u �•�� < =s / SET LATHE OH , //^� 996 $ 6 ti�\\ - 3.0 ' 162 / N N 895.4 r^ / x 896.3 78.43 OS 5 895.7 '� 05 -- 896.} 09 'P o w I 896.5 SET LITHE DHAIL IPS POL OHWL �• � / '�I �. ice/ :- R I IPF R4 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota M�4 Dated this d of, ��5 day of ��'—�-�• 200 995 R\EE-�g959 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Job NO.1530.001 Ely: BJSF11e1530001—BN0RY.dwg METRO & ENGINEERING 3200 Co We Cemex Drive-Sui¢ 117, Bumsvilk, MN 55306 Tclq)Wne(952)707-9299 Fm.(952)7W-0036 Webxw metrolrcom E-mail: survevfamieeals.cwn .& PRne C, K.'v Bumevilk CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 D ESCRI P TION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found 0 Iron monument set x 935.0 Existing elevation San MHO Sanitary manhole BENCHMARK: () a"E c3'()2 SANITARY MH NO. 9 I PER THE CIRY OF P APPLE VALLEY ENGINEERING DEPT. _ SMH 9 RIM= 911.95 ` INV.= 895.9 LO 1 4. / E H' 4 r 063 9 NOTE: P Bearings are assumed per plat q'V `Qi 650 1 () a"E c3'()2 AREA: I Lot Area = 43,977 sq.ft. P \ g X60 _ o� ` c o0 LO 1 4. / E H' 4 r �O 00 6 �\ P \ \ ��yft6iCttttkFFF/� 9PF12.0 1 2' O / S°\ s1� �. /`B95 M1 V1/ o" 5 11� � 907.7 -'IPO;' LICENSED moi o LAND SURVEYOR i Cf'a �/ 1 () a"E c3'()2 - \ ,A'7 -397.48;B97.4 9 /. fTTo,4 9� ' P \ g X60 r o� a c o0 &a i IPS POL S 'J 1 4. / E H' 4 r 913.3 �\ P \ 894 ♦ \ \; + 0 T �g955"q j S°\ s1� �. /`B95 M1 V1/ o" 5 11� � 907.7 � I \ moi o ♦1 i Cf'a �/ X 60 0 m OPEN _ — m bene, M 9 0sA REs6y59 SURVEY 0 NORTH zo ao Scale: 1 Inch = 40 Feet Iz cp. t-0 'I. \Q QQ- IA .IIr. \ O f0 -896-9 () a"E c3'()2 - \ ,A'7 -397.48;B97.4 9 /. fTTo,4 9� ' / 196.4 SPIKE 'F 1/2' OPEN o 7 x 900.8 _ 26,0 -1 897.7 c o0 &a i IPS POL S 'J 913.9 4. / E H' 4 r 913.3 \ \ 0 894 ♦ \ \; + 0 T �g955"q j +696 I s1� �. /`B95 M1 V1/ o" 5 11� � 907.7 � I \ moi o ♦1 i Cf'a �/ 1 I N \ 1 m u 896.2 e u / SET LATHE Ol b 3,25 907.79 303 4S_ I 69, ____� x9061 a7 X898.5 os .P�� ---_ '� 14.1 905.6 'K 466 34—OL TW 5p1KE S50'37'29„ cp. t-0 'I. \Q QQ- IA .IIr. \ O f0 -896-9 ----------- RS - \ J d N ' / 196.4 e n 'F 1/2' OPEN o 7 18PFS%2' OPEN BID c o0 1; I r1 2 06'0'\ 2° \ \ �O%S� U E H' 4 r 50h,� iS 6D0 IPS I / 1 \` < 0 S \` ----------- RS - 3. r� J / -x. O 6- 0 2564� 16\ 345 894 ♦ \ (SETT LATHE OHNL N I s1� �. /`B95 M1 V1/ o" 5 11� i c01ji � r M^ moi o ♦1 i Cf'a �/ z 895.9 O ryo u 896.2 e u / SET LATHE Ol b op 1695 G!a^ - J - 3. r� J / -x. O woo � 2564� 16\ to 0 Ol b / 896.3 78.43 / x x 895.7896.3 w �y V 60 S9013I 896.5 SET 896.3 LATHE OHML IPS POL n OHWL 1` 1 I IPF R;S 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota,. Dated this da,,, off /�5 day of y � 200_ Todd M. Hendershott, Land Surveyor 1 Mlnnesotc License No. 43806 Job N0.1530.001 By: BJSFlle 1530001—BNORY.dwg� METRO & ENGINEERING 3200 Ca, ,o Cemex Drive-SWW 117, Bummlk, MN 55306 Telephane:(952)707-9299 Fu.(952)707-0036 W'eb: www orctrols.com E-mail: survry�mctrolscum L+nle C.d. Pine City Rocas Bu.s'slle CERTIFICATE IFICATE OF SURVEY Marianne McCord / 6446 Fox Path Chanhassen Mn 55317 - NORTH s ,; L� 2 ,` = \'c3` O_ 2() 4a DESCRIPTION: 1_',. � y ^ Lot 9, Block 1, FOX CHASE, \) �N CARVER COUNTY, Minnesota. Scale: l Inch = 40 Feet ° • 6 - s F64 y O�b °`Q onM0 IPF LEGEND: 7 7 b cn ®• 895.5 Iron monument found Q Q�'�- IPF 1/2. OPEN BD 0 Iron monument set (J x� 60%\ \ `.\ ; 2 o e N x 935.0 Existing elevation ° x 'fin 8 O E - ry^ Sm MHO Sanitary manhole qpe} ! �'�� 896.1 V.Q\S _ IPS �\ \ 4 -'6'6 -896.9 00a" 05 R / 1. 'Sl ♦ \ . w P BENCHMARK: �O�„C *_266;- FJ�_88___-- ,Z L __ \\ gra SANITARY MH N0. 9 N7g•O p 1 1290 i , O \ `o o - 4U 897.4 p - \ \ Q) PER THE CIRY OF g%. fToE 9 O , --- APPLE VALLEY ENGINEERING DEPT. �Q Q \\\ sa 4 SMH 9 RIM= 911.95 -9 .8 �7 897.7 345.6 i'�/ a c, r INV.= 895.9 - a i IPS POL "\' 1 3 _ 5 6 os 1 i ro , n N 1cP W _ 956\� \ � � 913 9 / i e c /,' 89 5 59 h SPIKE .:. - 4 J / ' +$9h r`0' i ,85ET LATHE OHWL N �!� ry VI' " NOTE: �ae� _ -- 350_--�1 °aj,' O Bearings are assumed per plat 9Qi 65.0 913.3 913.3 1\ �� ' �}°�r ^ 895.90 •° o \ _1 X41 \ 9p'b� ij� '• �• _ \�ij 915.4 v \t + +°jp 'a I1 55 0 ' 896.2 ' • 9516 [i C 133' g o \ e Tg9ICE �q1 096 as 1 SET LATHE OFI , ow 8 �r'- 3. AREA- Lot Area = 43,977 sq.ft. _ �\ o s a 6 \ g� 9 907.7 Mr 1 ?a { -__---------- �_ - 1 V L• % / 695.4 �^ 696.3 76.43 1� x p 9p I 895.7 I �y V\ l896.3 25 907.7 11 30 4Q i �a1� 60 05 896.5 SET LATHE OHML U IPS POL 9,5.1 _ \ 3• I OHWL r fs N x9()6'1 7 6974 ��' 898.5 'PS POL 905.6 IK 34�TOE ,`•� R I 912 10 \ / 60.0 '� SPIKE 14.1 -466 • �t "N IPF R S 9053 x f 1t'I IPF 1 2' OPEN • n �;"'��fceeunita:agy4 O / _ - S80 3% 2 HE,F p ' CT LICENSED'��' \►+1 Job No. 1530.001 Ely: BJSFi1e1530007-BNORY.dwg LANDSURVEYOR € I hereby certify that this survey, plan or report was prepared ; T� q1,n� �'3L'd16 Oti by me or under my direct supervision and that 1 am a duly .z METRO %Fc �� 5 3 licensed land Surveyor under the laws of the state of Minnesota ` >, t Y y 4�5 day of A' s LAID SURVEYING Dated this d of, Ld/ ' 200_ - •r,ch to _ y &ENGINEERING • 8 M\'\ 95 B �� i �� Tekplw°e:(9521707_929 9521707 9299 Faz.(952110]-003 Ik, FLN 55306 O 911.9 Y• C W b: www.metrds wm E ma l: vry mev6.. 8959 Todd M, Hendershott, Lond Surveyor \ Minnesota License No. 43806-nleewaa Pmeay 8°gam e°al� CERTIFICATE Marianne McCord 6440 Fox Path Chanhassen Mrn 55317 DESCRIPTION Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation So WHO Sanitary manhole BENCHMARK: SANITARY MH N0. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. - SMH 9 RIM= 911.95 INV.= 895.9 90� NOTE: 9,Fe�s Bearings are assumed per plat `vi - 65.0 43&06 09 km 0 \ 10 1 i 6C PEN_ - F SURVEY Sp1KE 913.9 3s 0- 913.3 N .o 3 e 907.7 L W V (a NORTH Scale: 1 Inch = 40 Feet N79'02'0 8„E _ 397 . f BOE 4 X9 .8 SPIKE - 26 0 -1 897.7 &a i IPS POL Sf / 1 1 1 \ O / 1 %a \1 + +9 T 6 O 1 F I 1 I \ I \ I�\ I 1 303 48 -J 7 �- m __' - '906.1898.5 o5'PaL 4 905.6 " 466.34-�0E S80'37 29 a -896.9 le .000 0 00. S �, � ry t r a yy e 196.4 •• \ "Y ° °¢ 'F 1/2' OPEN•+O h o 895.5 % e� e IPF 1/2' OPEN BD r a w 1 \ I 2 O Y 6 60 r♦ 0 2 ^\ ♦ F N r IPS "♦ ♦ i °` Q♦`u - - IPS I �♦ ♦ � 4 o Z otz . a O 4U `mom y m U U � a W Ea z a a U aa � oYd El o � N O o O 345 ,-'� :F° , _ - - sr a BSET LATHE OHWL �i �6i rx B95.90) /896.2 /- `�8g56 - / SET LATHE OH � /A T ° e9s6♦; ♦� � CUti ♦ ♦ I 1 - 3.0 AREA: I Lot Area = 43,977 sq.ft. _ .(.0 V.0 3° CT n \ 912.0 IPF 1/2' `"te6i;aur�rr;jj O 3r�0;' LICENSED i LAND SURVEY DR E 43&06 09 km 0 \ 10 1 i 6C PEN_ - F SURVEY Sp1KE 913.9 3s 0- 913.3 N .o 3 e 907.7 L W V (a NORTH Scale: 1 Inch = 40 Feet N79'02'0 8„E _ 397 . f BOE 4 X9 .8 SPIKE - 26 0 -1 897.7 &a i IPS POL Sf / 1 1 1 \ O / 1 %a \1 + +9 T 6 O 1 F I 1 I \ I \ I�\ I 1 303 48 -J 7 �- m __' - '906.1898.5 o5'PaL 4 905.6 " 466.34-�0E S80'37 29 a -896.9 le .000 0 00. S �, � ry t r a yy e 196.4 •• \ "Y ° °¢ 'F 1/2' OPEN•+O h o 895.5 % e� e IPF 1/2' OPEN BD r a w 1 \ I 2 O Y 6 60 r♦ 0 2 ^\ ♦ F N r IPS "♦ ♦ i °` Q♦`u - - IPS I �♦ ♦ � 4 o Z otz . a O 4U `mom y m U U � a W Ea z a a U aa � oYd El o � N O o O 345 ,-'� :F° , _ - - sr a BSET LATHE OHWL �i �6i rx B95.90) /896.2 /- `�8g56 - / SET LATHE OH � /A T ° e9s6♦; ♦� � CUti ♦ ♦ I 1 - 3.0 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated this da„ of ��5 day of 1%-? 200 d > Todd M. Hendershott, Land Surveyor Minnesoto License No. 43806 Job No.I530.00l By; METRO &. 111N'EERING 3200 Coryornme Ce."-Dr;vc-Soire 117, Bomsvilk, MN 553M Telephone:(912)707-9299 Faa.(952)707-0036 We -w meools.wm E-mail: survey(amemols.com LiNe Gnada Pine City Kg. Burnsville � 3° 162.B6 n ^ / 896.3 78.43 x ^� x O 0 S.1 1 895.7 w 'Y I ' 696.5 SET LATHE OHM 896 3 PS POL ry OHWL / a t I1` X IPF R4 053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated this da„ of ��5 day of 1%-? 200 d > Todd M. Hendershott, Land Surveyor Minnesoto License No. 43806 Job No.I530.00l By; METRO &. 111N'EERING 3200 Coryornme Ce."-Dr;vc-Soire 117, Bomsvilk, MN 553M Telephone:(912)707-9299 Faa.(952)707-0036 We -w meools.wm E-mail: survey(amemols.com LiNe Gnada Pine City Kg. Burnsville CERTIFICATE OF SURVEY Marianne McCord / 6440 Fox Path Chanhassen Mn 55317 - a NORTH As, �0O+ zo 40 Ig `��• ' _ S o DESCRIPTION Lot 9, Block 1, FOX CHASE, 0J a�- -! CARVER COUNTY, Minnesota. Scale: 1 Inch = 40 Feet i �. V o�F _ i i z 696.4 LEGEND: PF 895 sOPEN 7 W a p a r IPF -1/2. OPEN 60 coo rc ()q Iron monument found U O -/ I O Iron monument set6 8 s x 935.0 IronExistingelevation �yan�\ Son MHO Sanitary manhole :: '� o p5}�! \� / '��' 0 "696E IPS �`� ```•c 4 r o `o a� oqE \� ♦\ m❑ -896.9 - 3"E --26.6, _ s,\ :J o BENCHMARK: X900220 -_� ---->f ---------- J�� ;` aZ e SANITARY MH N0. 9 N �o t290 J O �` ,,� ano ` PER THE CIRY OF _�9-7•4StTo 4 9 \ APPLE VALLEY ENGINEERING DEPT. i _ _ '� 9� '�� \ �i t,� SMH 9 RIM= 911.95 x 900.8 BIKE _ 2b 0 1 887.7 345.60 .''' / 3 ; � 00 \\ ^r INV.= 895.9 - a IPS POL .� i ► e 6 s1 \ co oS /'.ycP W es 6 p95 913.9 4. V I i' 90� .q 7/896.3 N I �O - ' 4.� - '] S9 SPIKE - l �i +0 r i SET LITHE OHWL �� x,09 V1 895.5 NOTE: 9\p'e`' _ 35-0_-_" /' ,x pock i' O �.r�- oo Bearings are assumed per plot `e/ 65.0--- 913.3 111 i ,' d.✓',i ,^_x 695.900 \f- _ 3441 �vs / 6 915.4 w ; + +" -n 1698-5 +� 9 ' n 896.2 r / 5. c.� I 137' �No 1 c 9�. a•a- SET LATHE OH e°'ja9 ?� \�- 3-O 1 0 t t0E 0 0 / •� e AREA: , I 4 + . (n 6� Lot Area = 43,977 sq.ft. _� 9 0 907.7 11 I 3°�3 162•$ ,! f Iit 060 11 1 ____-_____ / ' j'---- to `all ` -- h / _ \ / 895.4, O'�� u u\°� , _------ --T ^ x896.3 76.43 11 oEl u 1 I /1/_ p 590, 695.7 c e\ 3p 23 907.7 y1� 05 896.3 gg0'P`- o 3()3.4B 1 __ - 0 60. 896.5 SET THE OHM I 3F o to ! \ 915, \ I 896.3 IPS POL x906\ 07 8974 OHWL IK B�5 9s5 POL I m_ / p 905.6 34- �. R 9 I -466. 912.0 \ 60 0 iO SPIKE 14.1 91 `S1iL�IyBLFut IPF 1/2• OPEN S80,37t '29 IPF R 9053 O oo�HE�p�Rsy� `T - - Job No. 1530.001 B BJSF11e 1530001-BNDRY.dw 9 _ h LICENSED - a LANDSURVEiOR %cpAt I hereby certify that this survey, plan or report was prepared METRO `s�y1;^* 438D6 ; `flip' by me or under my direct supervision and that I am a duly E ;rte. % C, - 5 e` licensed land surveyor under the lows of the state of Minnesota Dated this d/aq�+y .i }5 d0 of LAND SLRtb-E N G [ 4nitt�=1 0c0� M 9 ' Of, / A L / 2DD_ 3200 CoT leCcmer Dri SumGlt BU nnnilk, MN 553M O M;•95 By: LL" 'gyp �ty�f a� ! Telep6onc:(952)70]-9]99 Fu:1952)797-0036 91 W'eb. w�.v:metrols.com E-maL suveyf mevols cam c�g95 Todd M. Hendershott, Land Surveyor nkcsnad Pine cn Rogers fivmsvgle \ Minnesota License No. 43806 CERTIFICATE OF Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 040 Iron monument found 0 Iron monument set X 935.0 Existing elevation s— WHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 qay� S S NOTE: Bearings are assumed per plat \Q/ m 50 � t0 �j3.04 I \ AREA: ► Lot Area = 43,977 sq.ft. 9 e�e�°F��N�p!g�I,G„,OjeJJ O `i3OgO LICENSED LAND SUR11E i 0R _ 4318,06 4 n7\tib r �/irrtti Sliti;`-t\t SURVEY 9139 51KE 65.0 9 13.3 0 915. .7 907.7 \ \ IPF 1/2- 1/2' OPEN - f (9 NORTH 20 Scale: 1 Inch = 40 Feet :? ft N� 939-7 8 6O ` x 900.8 - - 26,0 -/ 897.7 gas !i IPS POL ! / / O ! M 345.60 1 I 1 11\ .48_T _ 5910 600 30Z 696.3 J JJ -J x9061 7 697.4 OHWL � saes :Ps Pa 905.6 IK 466.34— S80037t 29„w -896.9 0100, S Ir' o: \ V ° a 896.4 IF 1/2' OPEN -7 h p IPF %2' OPEN 13D s o° m I 60'\ i \ FN 9� \5 11ps", /�� . \ .<y V - PS - I1290 ---- _ 7 i - 16 3 $96' �q �65ET LATHE OHWL (N O 11 - • rys. M°i V •M+encY 3.01 \ _ Jab NO. 1530.001 By: BJSFi1e153000I—BNDRY.dwg I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly- METRO O licensed land surveyor under the laws of the state of Minnesota ME 1 ��5f'' /''a Ll LAND SURVEYING Muh Dated this d of day of 200 5 &ENGINEERING Ben MH 9 //Jq,,y�l / ° � 3200 Coryaae Cerner Drive -Suite 117. eumsville. MN 553M 05pn 911.95 By: _� �:�/�� 1 / `+ -(,G. sv./ TeiepMne:(952p0i-9299 Fu:(952)707.0036 ---GLF Web. www.mevols.mm Email: survcvr+nevolscom .695.9 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Lime caeam p.°e Gn 9ngvs 6°ma..,a1e \ I ! ! x 696.3 76.43 a5 x 1 O /\/� 59 ( 695.7 6SET LATHE bbl) 896.5 OHML Ile o IPS POL N � ! D IPF R S 9053 •M+encY 3.01 \ _ Jab NO. 1530.001 By: BJSFi1e153000I—BNDRY.dwg I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly- METRO O licensed land surveyor under the laws of the state of Minnesota ME 1 ��5f'' /''a Ll LAND SURVEYING Muh Dated this d of day of 200 5 &ENGINEERING Ben MH 9 //Jq,,y�l / ° � 3200 Coryaae Cerner Drive -Suite 117. eumsville. MN 553M 05pn 911.95 By: _� �:�/�� 1 / `+ -(,G. sv./ TeiepMne:(952p0i-9299 Fu:(952)707.0036 ---GLF Web. www.mevols.mm Email: survcvr+nevolscom .695.9 Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 Lime caeam p.°e Gn 9ngvs 6°ma..,a1e \ PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. 0 S Applicant Nam an Ad ess• Owner Name and A re 4e*C 3 Contact: Mev; & a k f Contact: 0- t/)' 2 K u_[_ Phone: qj 0 - 4 I (e I Fax: Phone: 476 Fax: Email: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision' Temporary Sales Permit CITY OF CHANHASSEN RECEIVED JUN 17 2005 CNArJYAttcm of etiwur. nrPT Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"' - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 6` 00 ' 00 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/z" X 11" reduced copy for each plan sheet along with a digital co ov in TIFF -Group 4 ('.tif) format. Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. Buifdfft`g miterial samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DES TOTALACREAGE: WETLANDS PRESENT: 0 YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: L REASON FOR REQUEST: (l C 4 7 L'( P s S ox/ -Z) LD r0 L This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. & LO Signature of Applicant Date C7 ,Signature of Fee Owner . Date SCAWAD aVaMfoans\Development Review Application.DOC Rev. 4/05 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 21, 2005, 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 Public Hearing for McCord -Sanford Wetland Alteration Permit — Planning Case No. 05-22 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. Iii • , Fird.t, M4,54y Clerk Subscribed and sworn to before me thi 9I S'" day of ci u 1 �j 2005. u u�3t.o.J1e„-- Notary Pu tc_� KIM T. MEMISSEN 11' Notary Public -Minnesota 4r ' 'My Commission E)Om Jen 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak*ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, 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 parry 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallndustrial. • 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, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 2 2005 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for a Wetland Alteration Permit to construct a Proposal: boardwalk across a wetland and place a dock on Lotus Lake Planning File: 05-22 Applicant: Marianne McCord & David Sanford Property 6440 Fox Path 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 at the Meeting: 1. Staff will give an overview of the proposed project. 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e - Questions & mail Ihaak@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is 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 at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, 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 take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industnal. • 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 spokespersonlrepresentative 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. Chrishnes Lake aWMct esapeny Lotus -aka This map is neither a legally recorded map no a survey and is not intended to be used as one. This map is a compilation M records, information and data located m various city, county, state and federal odicas and other sources regarding the was shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the Cay does not represent that the GIS Data can W used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. d errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided W isuant to Minnesota Stables §466.03, Sul 21 (2000), and the user of this map acknowledges Nat the City sh si not be liable for any damages. and a)presay waives all claims. and agneas to defend, inwomniy. and hold harml the City from any and all claims brought by User, its enployees or agents, or third parties which arise out of the users access or use of data provided. Christmas Lake Lotus Lake This map is neither a legally remnded rap air a survey and is not intended to be used as one. This rap is a compilation of records. information and data locatetl in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not wamant that the Geographic Information System (GIS) Data used to prepare this map are error free, snot the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring enacting measurement of distance or direction or precision in the depiction of geographic features. d errors or discrepancies are found please contact 952-227-11 W_ The preceding disclaimer is provided Wrsuant to Minnesota Stables §466.03, Subd. 21 (2000). and the user of this map acOmyledges that the City shall not the liable for any damages, and expressly waives all claims. and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided! NAME1)) NAME2)) aADD1), «ADD2» uCITY» «STATE» "ZIP)) «Next Record,) «NAME1)) «NAME2» «ADD1)) «ADD2» «CITY» «STATE» «ZIP» Public Hearing Notification Area (500 feet) McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen hristm La e m Pleasant View Road O Fox P a� w 3 Fox GoSubject Property Vineland Cou,7 0' Lotus Lake FOX at uivor r KEVIN A & LEANNE M BENSON JOHN P & DEBRA L BREEDLOVE REBECCA CLAIR CHUVA 620 PLEASANT VIEW RD 860 FOX CT 6521 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 FRANCIS N CRISMAN & LINDA M WOOD 6360 FOX PATH CHANHASSEN MN 55317 GEORGE F & JANET M DEAN 6400 FOX PATH CHANHASSEN MN 55317 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317 KAYLA A HANUS 820 FOX CT CHANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 JAMES D HUDSON & CAROLYN SUERTH 6541 FOX PATH CHANHASSEN MN 55317 STEVEN P & KIMBERLY A LATTU 840 FOX CT CHANHASSEN MN 55317 TODD R MAGILL & KELLY N PIEROPAN 660 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P CUNNINGHAM 865 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT JDORAN 788 LAKE PT CHANHASSEN MN 55317 ROBERT & RENAE FROEMMING 6411 FOX PATH CHANHASSEN MN 55317 THOMAS R JR & MELANIE S HARER 796 LAKE PT CHANHASSEN MN 55317 JAMES P & NANCY FORD HOOPES 6511 FOX PATH CHANHASSEN MN 55317 JON ALAN KLOSTERMAN & MARGARET CODY KLOSTERMAN 6471 FOX PATH CHANHASSEN MN 55317 CHUNYI LIN & YANFANG CHEN 800 FOX CT CHANHASSEN MN 55317 MICHAEL L & REBECCA MCMILLEN 880 FOX CT CHANHASSEN MN 55317 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317 GREGG A & DIANE M ELLIOTT 6551 FOX PATH CHANHASSEN MN 55317 CRAIG N HANSEN & CLAUDIA J GIESKE 6430 FOX PATH CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317 JAMES M LYON 890 FOX CT CHANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 WILLIAM P JR & ANN K MILLER CHARLES S MORIN & CHARLES W & MARJORIE K NAGEL 6561 FOX PATH TANYA M SREPEL 6340 FOX PATH CHANHASSEN MN 55317 6401 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS R & ANDREA L NARK NEAR MOUNTAIN LAKE ASSN INC CHRISTOPHER S PELLETIER & 6431 FOX PATH 610 PLEASANT VIEW RD JAMIE L GRIVICH CHANHASSEN MN 55317 CHANHASSEN MN 55317 6420 FOX PATH CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 GARY SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 RODNEY H PETERSON JR 6571 FOX PATH CHANHASSEN MN 55317 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317 Tonka dock requires a barrel. a post pounder, 2 come-alongs, and a post puller, for easy installation and removal. If installed Property, you will never enter the water. Each Section of Tonka Dock has the following specifications 1. Size: 3'6' wide x 8' long 2. Components: A. (1) 1 12' Bracket galvanized steel for extended life expectancy with greased set screws to prevent corrosion buildup. B. (2) 8' Sticks 1 1/2' high tensile strength galvanized steel frame pipes for increased strength and life expectancy. C. (2) 10' Sticks 1 1/2' high tensile strength galvanized steel vertical pipes for increased stability and life expectancy. D. (1) 5/4' Deck glued and screwed to increase durability and life expectancy with rounded siderails for sitting comfort. Ali 5:4' Cedar Deck Vattital Pipe is F i1ilerter Bf8fJtlt f t � Fi'anta Pipe v E�1 1 Gt ' -oirm &ecket I , Barrel Component Specifications in Detail Dock O Highest grade architect knotty cedar available. O 5/4' select tight knot cedar precision planed for enhanced appearance. O Snell spaces between top boards to reduce loss of items on deck and allow for water drainage. O Superior corrosion resistant Pastap Plus' Duraceat* set -drilling screws. - 5 to 8 times corrosion resistance over galvanized screws. - self drilling to reduce the likelihood of hdure cracks. - Impact resistant non -staining deck screw O PL -500 superior exterior adhesive used to increase deck strength. Bracket O 1 1/2' Hot -dipped galvanized bracket with a 25 year 'normal wear and tear warranty. O Anti -seize lubricated set screws to prevent lock-up. Pipe O 1 1/2' high tensile strength hot -dipped galvanized pipe for superior strength and corrosion resistance_ Additional charge for vertical pipe over, Min in length per 8' section and any of the following dock accessories. & Dock Access ne_. A Starter Bracket B. Tum Bracket -urn C. Pipe Caps 3tackels D. Mud Feet E Bumper F. Bench G. Ladder 32 H. T x 8' Platform `urn L Post Pounder =IracKels J. Post Puller K Barrel L Leveler Jack s I Tum post bracket Starter Pipe Caps Used primarilyEl Bracket Used primarily ' for turns that Used to protect that have very soft or mucky Used to require a pipe; property start for example a dock from tieing off a boat shore. or for a bench. Tum bracket Used primarily for turns that do not require a pipe. Bench Used primarily on platforms; great for sunsets and fishing. Mud Feet Pipe Caps Used primarilyEl on take bottoms Used to protect that have very soft or mucky people Rom injury. ground. T x 6 Platform Great for tieing off boats, swimming and enjoying a great sunset. Shown here are two platforms with a bench and a Ladder. Extension Used to increase the height of a boat house. Bumper Protects boats from hitting the vertical pipe. Ladder Used primarily for swimming. Post Pounder Used to pound pipe during installation. Barrel Tools used for installation Uinstall and removal. removennove 16 S' and 15 sections of dock. 1 Leveler Jack L./ Used to level dock during installation. Post Puller Used to remove vertical pipe. CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: MARIANNE MCCORD Date: 06/17/2005 Time: 3:33pm Receipt Number: DW / 6244 Clerk: DANIELLE WETLAND ALTERATION PERMIT ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP WETLAND ALTERATION PERMIT RECORDING FEES 50.00 WETLAND 150.00 Total: --------------- 200.00 Check 3581 200.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED Location Map McCord/Sanford Wetland Alteration Permit Planning Case No. 05-22 6440 Fox Path City of Chanhassen Christmas Lak 0 a x 4 Pleasant View Road �3 m C) 2e Fo*Fa o4 e7 w 9 0 Fo* Go Subject Property Vineland Coory FOX pdt Lotus Lake m 'L 3c e 'o SCANNED cmc Date: July 5, 2005 To: From: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Development Plan Referral Agencies Planning Department By: Lori Haak, Water Resources Coordinator Subject: Request for Wetland Alteration Permit to construct a boardwalk across a wetland and place a boat dock on Lotus Lake on property located at 6440 Fox Path. Applicant: Marianne McCord & David Sanford Planning Case: 05-V 22- The Z The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 17, 2005. The 60 -day review period ends August 16, 2005. In order for us 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. This application is scheduled for consideration by the Chanhassen Planning Commission on August 2, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 22, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. L City Departments: a. City Engineer b. City Attorney (FYI) c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District — Greg Graczyk 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources — Julie Ekman 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek d. Carver County Water Resource Management Area 9. Telephone Company (Qwest and SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco *"HMO NA -026620-03B (V.2.02 for MS WORD) 09/01/04 Minnesota LocaMate/Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART I: BASIC APPLICATION "See HELP' directs you to important additional information and assistance in Instructions, Pagel. 1. LAN�DOW JN17A�P_PlL—ICfA1 NT CONTACT /ONTACT�,IpNFORMATION (See Help 1) Name:DERV I d 7aKf-&,0. M.G� 1 4,�1,i tIN' one: q 7 — b IW Complete mailing address: (I I L L µE � ,V ,J / , / IA. AUTHORIZED AGENT (See Help 1A) (Only if applicable; an agent is not required) 7 `1 Name: Phone: Complete mailing address: 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): (Check all that apply): ❑Lake ❑River ❑Wetland type ❑ 1 ❑ IL ❑ 2 ❑ 3 ❑4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: ) ❑ 10 to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: Fire #: City (if applicable): V4 l: Section:Section: Township #: nI�- Range #: County: C ar"I/e q f" Lot #: 1 Block: ' Subdivision:g0)( "V-1 Watershed (name or #) Attach a simple site locator map. H needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OF PROJECT: Describe the type of proposed work. AttachE OF PROJ CT sheet if needed. (loaf 0061- 0AfV 1--v-IVLa e- I aar�(�z(l- a�voss ltl I S 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, Page 1). Attach PROJECT DESCRIPTION sheet Footprint of project: acres or square feet drained, filled or excavated. /l b 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimi>e impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach PROJECT ALTERNATIVES sheet if needed. jib he, 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes 2rNo. If Yes. describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied on a separate attached sheet See HELP 9. Me 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess e authority to undenak tow k desc - , or I am acting as the duly authorized agent of the applicant. �L l0 0� Signa appIrcam (landowner) Date Signature of agent (if applicable) Date This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, Please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. Minnesota LoczUStatdRdend Application Forms for Water/Wetland Projects Page 1 The public burden for this collection of information is estimated m average 10 hours per response, although the majority of applications should require 5 hours or less. This includes to firm, for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden to Department of Defense. Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302; and m the Office of Management and Budget, Paperwork Reduction Project (0710.0003), Washington DC 20503. Respondents should be aware that notwithstanding any Winer Provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of these addresses. Completed applications most be submitted to the District engineer hawngjurisdiction over the location of tie proposed activity. PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act. Section 10, 33 USC 403; Clean Water Act Section 404.33 USC 1344; Marine Protection, Research and Sanctuaries Act 33 USC 1413, Section 403. Principal purpose: Information provided on this form will be used in evaluating the application for a permit. Routineuses: This information may be shared with the Department of Justice and other Federal. sure, and local government agencies. Submission of regasted information is vohmtary; however, if informstion is not oro'ded the mmm application cannothe evaluated nor can a permit be iued ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. All applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid for use only when included as pan of this entire state tamlication packet 5. APPLICANT'SNe. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) 9. AGENT'S NO. 11. STATEMENT OF AUTHORIZATION (ifapplicable; complete only if authorizing an agent) I hereby authorize to act on my be f as my agent in the processing of this application and to famish, upon request, supplemental information in sup of this permit licgliyn— APPLICANT - 'S SIGNATCrRE: AA-Lo(((��(�(((XXX DATE: &/I,/?QS 12. PROJECT NAME OR TITLE (see instmetions) low- Awl 13 NA.b1E OF WATERBODY. IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) 15. LOCATION OF PROJECT 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) DtRECTIONS TO THE SITE 18. NATURE OF ACTIVrrY . PROJECT PURPOSE 20, REASON(S) FOR DISCHARGE TYPES OF MA TER [A L BE W G DISCHARGED AND THE .AMOUNT OF EACH TYPE IN CUB IC YARDS 2: SURFACE AREA LN ACRES OF WETLANDS OR OTHER WATERS FILLED 3: IS ANY PORTION OF THE WORK ALREADY COSIPLETEY YES NO _ IF YES, DESCRIBE COMPLETED WORK. 4. ADDRESSES OF.ADJOINLNG PROPERTY OWNERS. LIST OF OTHER CERTIFICATIONS OR APPROVALS(DENI.AL.S RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL ORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly au_ thorized agent of the appli i [. / - / igmamre of applicant Date Signature of agent (if any) Date The application must be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if the statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10.000 cur imprisoned not more than five years or both. ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) Mimesota Local(State/Federal Application Forms fm WatedWetland Projects Page 2 SCANNED CERTIFICATE OF SURVEY Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found O Iron monument set x 935.0 Existing elevation so° MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 90�} 5PIK1 S S NOTE: Bearings are assumed per plat `Q/ 650 10J ]3•� N 915.4 o AREA: tt� Lot Area = 43,977 sq.ft. _ t`I9 o z 1 .60 O 0 OJ\ 01 -oil w 912.0 \ 50.0 iO ,tt7tttlCEiditt{it� O IPF 1/2' OPEN _ LICENSED LAPID SURVEYOR 50 'rltrrrri.tttt:u'S 6rnr)` µWk H9 O SM 911.95 i-5,35.9 NORTH Scale: 1 Inch = 40 Feet Q S t5, 6t 00, <: Z z 896.4 IPF 1/2- OPENn °cn o 895.5 % E+o xm Q _ IPF 1/2. OPEN BO61 c o O-hn `•\\\ k� mom 4 03 x `� O °� �v IPS`p..- I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesoty Dated this dqy of 5 day of ' 200--j By ToddM.M. Hendershott, Land Surveyor Minnesota License No. 43806 Job No. 1530.001 By:BJSFi1el530001-BN0RY.dwgl METRO LAND SURVEYING 4- ENGINEERING 3200 Coryonr Ce ra Drive-Suirc 11]. Bumsvilk, MN 55306 Tekph°ne'.(952)7U,-9299 Fax:(952)707-0 36 Web. xwx:metr°Is.rom E-mmP surveame"6 cam Leak Caredi Pine Ciw Rogers Bums�ille x 896.9 0 6 ` � \ ` sXs•\\\ • wa o t p3 "E 66 --26. _ _51.88 - -------------- ,' Es N-79. 9 •48 X897 4 q�0 129.0 ��---7- /------- _3 SPIKE -- J CO, , .00 \\ O \\ x900.8 -260 �l POL9a 345.6 1, , ( 3 ry T `(I\yPS 6 913.9 , 3(69.3 O 353 9 + IE OHNL � �o. 50i \ �♦ \ i 3i1 a• ♦1 \\ 1 13.3 d.+'��` I x 895.9 �O r! - - - C \ o '60£5^� d°' TO o� I SET LITHE / , sw°-[/99c'6 �C�.. ti�\ ��- 3.0 + +6 11 ° 4 15 N R(� 907.7 w \ L y I J 896.3 78.43 895.4 r� 5 907.7 O \ 48 I p5 -� - x 896.3 O 5901 895.7x � •IJ O q�. 1 303• 6 60 896.5 SET LATHE OHML QI °7_-"097.4 896.3 OHWL IPS POL -- -- IK * 898.5 ,Pc POL 905.6 34- R 4.1 _466 I PIKE S`o•37t 2911 `),( ' " IPF R 5 9053 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesoty Dated this dqy of 5 day of ' 200--j By ToddM.M. Hendershott, Land Surveyor Minnesota License No. 43806 Job No. 1530.001 By:BJSFi1el530001-BN0RY.dwgl METRO LAND SURVEYING 4- ENGINEERING 3200 Coryonr Ce ra Drive-Suirc 11]. Bumsvilk, MN 55306 Tekph°ne'.(952)7U,-9299 Fax:(952)707-0 36 Web. xwx:metr°Is.rom E-mmP surveame"6 cam Leak Caredi Pine Ciw Rogers Bums�ille NA -026620-03B (V.2.02 for MS WORD) 09/01/04 Minnesota Local/State/Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART I: BASIC APPLICATION "See HELP' directs you to important additional inforomdon and assistance in Instructions, Pagel. I. NatLesA: N{{y��DaOVWl (N�/PPLICANT CONTACT INFORMATION (See Help 1) aFe dL9"wt4N 4 one: Complete mailing address: (f Ll L C µC Q� " �Sey� � /, 'V/ IA. AUTHORIZED AGENT (See Help lA) ( ly if applicable: an agent is not required) 7 1 Name: Phone: Complete mailing address: 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): (Check all that apply): ❑Lake []River ❑Wetland type ❑ I ❑ I ❑ 2 ❑ 3 ❑4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: ) ❑ 10 to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can befound on property tax statement, property title or title insurance): Project street address: Fire #: City (if applicable): V4 Section:q Section: Township #: Range #: County: e % Lot #: I Block: ' Subdivision: `D)( � '� Watershed (name or #) Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYTE OF PROJ CT sheet if needed. �/ (boa'% voaz- pnfv 4-0YU, %e- 1 0rhoa(k- iwP55 olew- "J5 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, page 1). Attach PROJECT DESCRIPTION sheet. Footprint of project: acres or square feet drained, filled or excavated. /l b 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach PROJECT ALTERNATIVES sheet if needed. &he, 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes 2rNo. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied on a separate attached sheet See HELP 9. A On,O 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part 1 is true, complete, and accurate. I possess Ae authority to undertak e w k des , or I am acting as the duly authorized agent of the applicant. Sig applicant (Landowner) Date Signature of agent (if applicable) Dare This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. Minnesota Local/Stale/Federal Application Forms for Water/Wetland Projects Page 1 SCANNED The public burden for this collection of information is estimated to average 10 tours per response, although the majority of applications should require 5 hours or less. This includes the time, fur reviewing instructions, searching existing data sources, gathering and mains ming the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense. Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, an, person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of these addresses. ConplcW applications must be submitted to the District engimer havingjurisdiction aver the location of the proposed activity. PRIVACY ACr STATEMENT: Authorities: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application fora permit. Routine uses:11ris information may be shared with the Department of Justice and other Federal, stare, and local government agencies. Submission of requested information is volmtary; however, if information is rot provided. the permit application carrot be evaluated note. a permit be issued. ITEMS 1 THROUGH 4 TO BE FELLED IN BY 1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED CORPS 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. All applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid for use only when included as pan of this entire state anolication packet. 5. APPLICANS N ME µ(rrT'uhme' pe +1,t//d 6. APPLICANTS ADDRESS 7. AUTHORIZED AGEN17S NAME AND TITLE (an agent is not required) 9. AGENT'S 10. Il. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorizing an agent) I hereby authorize to ac[ an my behalf as my agent m the processing of this application and to furnish, upon request, supplemental information in sup of tLis=permiut a licyiynL' APPLICANT'S SIGNATURE: �//�" (((��ttt��XXC DATE:�s 12. PROJECT NAME OR TITLE (see instructions) 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) 15. LOCATION OF PROJECT 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) 17. DIRECTIONS TO THE SITE IS. NATURE OF ACTIVITY 19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO —IF YES, DESCRIBE COMPLETED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly au_ theorized agent of the;ipplir�t. l� G o 6 igimu a of applicant Date Signature of agent (if any) Date The application most be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if the statement in Black I I has been filled out and signed. 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, a covers up with any trick, scheme, or disguises a material fact m makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) Minnesota Lmal/State/Fedeml Application Forms for Water(Wetland Projects Page 2 SCANNED FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA Jurisdiction ❑ Exempt: No. _ (per MN Rule 8420.0122) ❑ No loss: _ (A,B,...G, per MN Rule 8420.0220) ❑ Replacement required — applicant must complete Part II COMPLETE TUE SECTION BELOW ONLY Q+ REPLACEMENT IS NOT REOUIRED: Application is (check one): [3 Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments/Findings: LGU official signature Date Name and Title For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): County where recorded Date Dorument # assigned by recorder LGU official signature Date Minnesota Loca /State/Federal Application frons for Water/Wetland Projects Page 3 ECANNCD Administralive Fax: 952-227-1110 Phone: 952.227.1135 Bldg/Inspections Fax: 952-227-1190 Engineering Fax: 952-227-1170 Direct Fax: 952.227.1935 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Public Works Fax: 952-227-/310 Sending 3 -pages, including cover page. Recreation Center Fax: 952-227-1404 F-1 For your information. Web Address: www.d.cbanhassen.mn.us ❑ Please find the information you requested. [✓� Please review and call me. El F�X PA144 ODC K- I Ssv4 11. = -Sot A05x S TN tS C o C FFth/>: DOLtL I(oH(5 00- Do W E ,3 -To 0.pcvf 'fttc-- Oi- W :500%,.1N oiv -fNc- su 2dEY 1"J 02aQ�k re n�a �� O N-Tir- MINA -110&) .' IF} PrNK S��.I If you do not receive all pages, or are experiencing other problems in transmission, please call Lori at the number listed. $CANNED FAX COVER SHEET Date: 4 11 Jos CITY OF O f -^ ' T Company: ('A4nnPBELL - V—NV-r50N Attention: a- -Qo fs ea - 7700 7700 Market Blvd. P.O. Box 147 Fax Number: _ 651.5152.5550 Chanhassen, MN 55317 Sent By: Lori Haak General Phone: 952-227-1100 Administralive Fax: 952-227-1110 Phone: 952.227.1135 Bldg/Inspections Fax: 952-227-1190 Engineering Fax: 952-227-1170 Direct Fax: 952.227.1935 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Public Works Fax: 952-227-/310 Sending 3 -pages, including cover page. Recreation Center Fax: 952-227-1404 F-1 For your information. Web Address: www.d.cbanhassen.mn.us ❑ Please find the information you requested. [✓� Please review and call me. El F�X PA144 ODC K- I Ssv4 11. = -Sot A05x S TN tS C o C FFth/>: DOLtL I(oH(5 00- Do W E ,3 -To 0.pcvf 'fttc-- Oi- W :500%,.1N oiv -fNc- su 2dEY 1"J 02aQ�k re n�a �� O N-Tir- MINA -110&) .' IF} PrNK S��.I If you do not receive all pages, or are experiencing other problems in transmission, please call Lori at the number listed. $CANNED W U 7 7 n O as nM xx 0 m N BENCH MARK Manhole O rt Top 911.78 Inv. 896.89 r- O g 11 48 O F 0. 4\ g5.\4 9xCu.b'R6, \\', x &A 0� o r Foee a m 912 a and Utj o 0 0 6 a 12a Dr 513.9 o A8 0 N 913.9 :3' E ara9e� .W � •"�'�� 9154 \ \� �ko � iPOSED `rc+' F,-- o P\��\\\��w -2\ 4-= 913.6 all 0 1 913.70 d m m m i L / - m o � 2 According to the DNR website: "Riparian rights are property rights arising from owning shoreland. They include the right to wharf out to a navigable depth; to take water for domestic and agricultural purposes; to use land added by accretion or exposed by reliction; to take ice; to fish, boat, hunt, swim; to such other uses as water bodies are normally put. The riparian owner has the right to make use of the lake over its entire surface." http://www.dnr.state.mn.us/waters/watermgmt_section/pwpennitstwaterlaws.html CERTIFICATE OF SURVEY Marianne McCord / 6440 Fox Path Chanhassen Mn 55317 _ �C NORTH s ! 0�� 20 40\ �9 ; ��, s DESCRIPTION: p O OO Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. Scale: i Inch = 40 Feet \ \ \ v N 896.4 LEGEND: IPF 1/2. OPEN h o 895.5 09 Iron monument found IPF 1/2. OPEN BD S 4 J ¢ v ^I I I O Iron monument set o �\ r\ \, 0 2 J E a : 935.0 Existing elevation °r'�"> 8 O� , 0>S;\ //J E'f `o o 0 Iz Sal MHO Sanitary manhole °G 6.1 L o 0 IPS �\ a �'� I 0AE \' ♦ ♦ m o .. x 896.9 0yr„ Abg \Q 8Q / 's ♦\ \ • x a BENCHMARK: o�1�E _; _ 51 --((JJ------ VAS. 76- 2.6.6 % 9.02 `� ° SANITARY R OFO. 9 97 .48 78 4 ASO 12q 0 - / ---_- �% n OO PER THE CIRY OF _ 3 / -- lY APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 BIKE - - -- g45.6� / \\ X 900.8 _ 26 0 897,7 /' e` i - of CU CO INV.= 895.9 - ea IPS POL o / ^ 1 / ass \ \ ty ph} 913.9 4. SJ 1 i •' r3X896.7 (�I �^.8 A SPIKE .: - / / Dog ,CA / SET LATHE OI 0'1 ,8 895.5 \ \ \ NOTE: 9`F��y S 35-0 / + 4A % .V \ \ Q _ -- / ap ^ & 895.6 \ \ I Bearings ore assumed per plot \/ 65.0___- 913.3 1 / r d. _ r -x ess.s� \ \ m -___ ' 4 " / ' top O�.L� \ !i 'A 00 \0 1_ 04 N 915.4 ,� ; +A .F9p ^ '695.5 ,\,� e `S /896.2 r' 1 u 895? `1( r•_ Q pr 1 0 x9 0A o n SET LATHE OHWL 1 -- O i J \�` 3.6 AREA: ` Lot Area = 43,977 sq.ft. \ 9 = 111 i i r 303 X62.8 / d- .m a 907.7 \ 1 o rf I v o / J if) y1 ro 1 895.4 78.43 896.3 5 x I " p S9p/ 895.7 ^I rh C! 4 X11 30.23 907.7 �OZ 4CJ A�� 096.3 9F'P\' o w Q r� J 0 60 �5 896.5 SET LATHE OHML 0Q W 915. I 896.3 IPS POL \ 1 x9O6� 7 897.4 OHWL TT�E 5 'PS POL 905.6 - 66.34- '. �� I 912.0 \ 60.0 SPIKE 14.1 4 r 9ff `/,1 vY IPF R 5 9053 /�' O IPF 1/2' OPEN -- �Q 0.37 Vim -A LICENSED ': Job No.1530.001 BV: BjsFi1e 1530001-BNDRY.dwg LAND SURVEYOR 's 9i = I hereby certify that this survey, plan or report was prepared = 43806 A� 5° by me or under my direct supervision and that I am a duly 50: licensed land surveyor under the laws of the state of Minnesota METRO 'i �q/.5f /J (/ LAND SURVEYING rrryh iY•ti�E„\\\ \19935 Doted this d of day of /� 200 &ENGINEERRJG cho)Cie mrt Suee 117.flin.illeMN55306 1200 CetsDrive- son M By: �y �' Telephone:(952)707-9299 F=_(952)707-0036 �� gg59 Todd M. Hendershott, Land Surveyor v Web:www.metrols.com E-mail: smvey(gmehols.com G01e Canada Pine Cloy Rogan Bum die \ Minnesota License No. 43806 CERTIFICATE E OF HT1 111 VIII I-V Marianne McCord 6440 Fox Path Chanhassen Mn 55317 DESCRIPTION: Lot 9, Block 1, FOX CHASE, CARVER COUNTY, Minnesota. LEGEND: 00 Iron monument found 0 Iron monument set . 935.0 Existing elevation Sm MHO Sanitary manhole BENCHMARK: SANITARY MH NO. 9 PER THE CIRY OF APPLE VALLEY ENGINEERING DEPT. SMH 9 RIM= 911.95 INV.= 895.9 NOTE: Bearings are assumed per plat 50 I AREA - Lot Area = 43,977 sq.ft. O • c0 \ � 912.0 he�00+,11=111i1111:4 O IPF 1/2' LICENSED LAND SWiEYOR 438060'�e •O�n�i �c�s```\v\\4 E / 00 m OPEN _ 5 \ 6"On M0\ H 9 911.95 O SE 0 9 CV) NORTH 20 40 Sce1e: I Inch = 40 Feet \'(1\00 . . '-tom' ° o co q r o 0 a IPF 1/2" OPEN h c 895.5 7 o Q (� IPF 1/2' OPEN BD i o �2 0 Iz0 IPS X 896.9 0y4' gbh bQQ Q \ ^ . p \\\ \ 7 t4 -02p3 -3('� 487`897.4 9,1Q 1290 / _-___-- �I p ; ,' A ME Q \ e X -26.0 % 887.7 345.6 I .gas 1 IPS POL 1 ^ Bsss: \ 913.9 4. '3 / i' .q 896.3 04 4 'rN' SPIKE _ 35.0 __� % // +b i // SET LATHE OHwt_ X01 VI 895.5 \� \ 813.3 1 I �� d / ^x 895.9 ^ uC 895.6 N 1 + +9 5 896.2 I' f O ea 95-6 1 SET LATHE OHNL 1.5 40 of / Z o 907.7 1 1 V L.8 e 895.4 n / x 896.3 7643 9 z a 1;� ,-___--_--' - o /Ili 0 S9O/ 696.7 x_23 907.7 ; 303.4 8 bA^ 60.05 896.5 S896.3 ET LITHE OHML Bf\1' o 9 896.3 PS POL 15.7 1 1 7 I OHNL 'v x906' 897.4 ;k8 8.5 SPS POL T;,E 905.6 _466.34- SPIKE 14.1 S�p•379 911 V1J i " IPF R4 9053 t`ft' I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the state of Minnesota Dated this d of -3/5/- ay of Y, a 200> By. Todd M. Hendershott, Land Surveyor Minnesota License No. 43806 3.0 O NQ, Job N0.1530.001 BV:BJSF11el530001-BNORY.dwg METRO & ENGINEERING Vj3200 Cmpw•m Cemer Drive-Suim 11], Bumsv9k, MN 55306 Telephonr.(952)70]-9299 _M:(952p07M36 Web: www.metmis.wm E -mad: survey(Gmchols.com Little C=da Pine City Rogers Bumsvdle