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CAS-02_ADMINISTRATIVE SUBDIVISION - WALGREENS01/28/2009 WED 15:48 FAX 952 361 1919 TAXPAYER SERVICES DEPT 01001/006 1�11 0 oZS- 7yy00/0 PID# 9f 1 Lf dS- 7iVco01.0 NO delinquent takes and iransler entered: Cerhflcate of Real Estate Vaiue ( } "ed (,X) Not Required CRV # C) 0 — 20 0 qua. e E.,n XMGWw Coumy Auditor S sy J A a L or Deputy M (top three brohes reserved for recording) QUIT CLAIM DEED \v�l LLC TO LLC 1 DEED TAX DUE: $ 1 1.65 RECITALS i DATE: Oct. 13, 2008 A. Sav41, LLC (`Parcel A Owner") is the owner of that certain parcel of property located in Chanhassen, Minnesota that is legally,described as (hereinafter referred to as "PARCEL A 1: LOT 1, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA. B. Sev-41, LLC ("Parcel8 Owner') is the owner of that certain parcel of property located in Chanhassen, Minnesota that is legally described as (hereinafter referred to as "PARCEL Ir): p� LOT 2, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA O C. The Parcel B Owner wishes to grant and convey a certain portion of Parcel B to the Parcel A Owner. CONVEYANCE FOR VALUABLE CONSIDERATION, PARCEL B OWNER, a limited liability company organized under the laws of the State of Minnesota ("Grantor) hereby conveys and quitclaims to PARCEL A OWNER, a limited liability company organized under the laws of the State of Minnesota ('Grantee") all real property owned by Parcel B Owner that is situated within Parcel A, as that parcel is described on Exhibit A, which is attached hereto and incorporated herein by this reference. The intent and effect of this conveyance shall be that, subsequent to the conveyance, the Parcel A Owner shall be the record owner of all real _ property idenfified as Parcel A in Exhibit A attached hereto. The Grantor certifies that the Grantor does not know of any wells on the described real property. (\ it Clain Dead Page 1 of 2 U5.2 01/28/2009 WED 15: 49 FAX 952 361 1919 TAXPAYER SERVICES DEPT 02/006 TIC TOTAL OONSIDERATION FOR THE TRANSFER OF MIS PROPERTY IS $500.00 OR LESS. ACKNOWLEDGMENT STATE OF MINNNESOTA COUNTY OF HENNEPIN Dead TMN at S / pold on - - J 1 (Dft) Cos amettlon Fee PW This instrument was acknowledged before me on OCTOBER 13, 2008. by LAWRENCE W. ABDO, in his capacity as Chief Manager of SEV-41, LLC, a Minnesota limited liability company. WITNESS my hand and seal this � day of !2 , 6p r 2008. AfY C01MI JEHEMf PNA IP41fSON WAAYIM1�C- A 590N FXPFE60�3I301I My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY: W31am M. Shsahan, esa. 601 Marquette Avenue, So., Sul& 100 Minnespok, Minnesota 55402 TAX STATEMENTS FOR THE REAL PROPERTY CONVEYED BY THIS INSTRUUMME/NT SHOULD BE RETURNED TO: OwY Claim Deed Page 2 of 2 01/ 20/2009, "D_15: 49 PAX 952 361 1919 TAXPAYER SERVICES DEPT EXHIBIT A PROPERTY DESCRIPTION Parcel A: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing; Carver County, Minnesota described as follows: BEGINNING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a distance of 254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28,56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89 degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the POINT OF BEGINNING. Quit Claim Deed Exhbt A 91/26/2009 WED 15: 50 FAX 952 361 1919 TAXPAYER SERVICES DEPT 0004/006 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) \- That City subdivision regulations do not k apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this Instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: By-jjS Deputy Chanhassen City perk —T' f�— Printed Name: hel 01/28/2009 NED 15!50 FAX 952 361 1919 TAXPAYER SERVICES DEPT 0005/006 EXHIBIT A (cont.) PROPERTY DEPICTION 7 —7 .... .. 3r -r4 Quit Clain Deed ExhbftA 2 H 900/900® aaaa SEOTATIHS aaaeaxe,t 6T6T T9£ ZS6 XVA TS:ST aalr 60OZ/BZ/TO Name CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. v 9 —o CITY OF CHANHASSEN RECEIVED FEB 0 1 2008 CHANHASSEN PLANNING DEPT Name and Address: (nb I Lr✓A,9v -- Tt 0,ri 5 #I- D ConContact: Phone:(pI?4&5oSol Fax:l012341gfi31 Phone: Fax: Email: tea �F>-q lt� 1. L�wt Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment _X_ Conditional Use Permit (CUP) 141; Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Deveiopmenr Rezoning Sign Permits Sign Plan Review + 5 500 Si(S Plan Review (SPR)' 50 5 X� Subdivision" kAw\i" \SO Temporary Sales Permit n Vacation of Right -of -Way asemeMs�( /AC) --?dv is Variance (VAR) ZOO Welland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign $200 (City to install and ) X;t_ X Escrow Fill omey Cost" - $50 U P A_ AP/Metes & Bounds - $450 Mirror TOTALFEE$Z1200f 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. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (`.tif) format. "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 N LOCATION: LEGAL DES TOTAL ACREAGE: S. D o Ac WETIJ+NDSPRESFNI: _YES _. NO PRESENT ZONING:_--�lrnoel REQUESTED ZONING: ✓�� PRESENT LAND USE DESIGNATION' REQUESTED LAND USE DESIGNATION: A REASON FOR REQUEST: S4c i ta, +v re in o vt t-eiyXyl re-ht;1 awl This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plus required by applicable City Ordinance provisions. Before fling 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 shell 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 wham 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 I[nrvulOrinn 2 - /.ok Date D/e Date G %PLANlformsoD lopmerd Review Application DOC Rev. 12005 e CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 10/28/08 08-05 ATTENTION Sue Nelson RE: Document Recording M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/12/08 08-05 Conditional Use Permit Wal reens-7/41 Crossings) THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Mr. Max Heitzmann, Anxon, Inc. 7/41 Crossings, LLC SIGNED: K m Meuwissei k(952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. w CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #08-05 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Construction of two retail buildings on a single lot on property zoned Neighborhood Business District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Parcel B: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota lying southerly southeasterly and easterly of the following described line: COMMENCING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot I a distance of 254.85 feet to the point of BEGINNING of the line to be described; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1 and said line there terminating; 3. Conditions. The permit is issued for the construction of two buildings on a single lot, as shown in plans dated received March 17, 2008, revised May 1, 2008, with the following condition: A. Approval of the conditional use permit is contingent upon approval of the vacation, site plan and administrative subdivision. 4. Termination of Permit. The City may revoke the pennit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. I Dated: May 12, 2008 (SEAL) STATE OF NHNNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: C(�4" Tom Furlong, Mayor —) AND: `.'„_"''1 odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of&5 —, 2008, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 W\plan\2008 planning cases\08-05 walgreens\cup agreenrenl.doc ffm KAREN J. ENGELHARDT Notary Public -Minnesota 2 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11 /26/08 08-05 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/12/08 08-05 Site Plan Agreement 08-05 for Wal reen's 1 08-05 Quit Claim Deed Sev-41, LLC to Sev-41, LLC THESE ARE TRANSMITTED as checked below: ❑ For approval ❑Approved as submitted ElResubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Max Heitzmann, Anxon, Inc. copies for approval copies for distribution corrected prints SIGNED: rn k"wis n,1952)227-1107 SCANNED 1/ enclosures are not as noted, kindly notify us of once. V CITY OF CHANHASSEN SITE PLAN AGREEMENT 08-05 SPECIAL PROVISIONS THIS AGREEMENT (this "Site Plan Agreement") dated May 12, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Sev41, LLC, a Limited Liability Corporation (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 14,490 square -foot retail building containing a pharmacy with a drive-thru and a 4,500 square -foot retail building and upgrade to the fapade of an existing strip mall, Planning Case 08-05, for Seven Forty -One Crossing (referred to in this Site Plan Agreement as the "Project"). The land is legally described as follows: Parcel A: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota described as follows: BEGINNING at the northwest comer of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot I a distance of 254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89 degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the POINT OF BEGINNING. Parcel B: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota lying southerly southeasterly and easterly of the following described line: COMMENCING at the northwest comer of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a distance of 254.85 feet to the point of BEGINNING of the line to be described; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1 and said line there terminating; SP-1 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and fumishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall. not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: PlanA: (C 1.01) Title Sheet dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanB: (C2.01) Demolition Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanC: (C3.01) Site Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanD: (C4.01) Grading Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. Plan E: (C5.01) Erosion Control Plan/SWPPP dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanF: (C6.01) Utility Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanG: (C9.01) Civil Details dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanH: (LI) Landscape Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2009. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $ 182,963. This amount has been calculated at a rate of 110% of the actual value of improvement (grading, erosion control, landscaping, etc.). The City will release the security posted in accordance with the City Code. SP-2 •) 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mr. Max Heitzmann, Vice President Anxon, Inc. 601 Marquette Avenue South, Suite 100 Minneapolis, MN 55402 Phone: 612.465.0861 (office) 612.341.9131 (fax) 763.443.8613 (mobile) Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On May 12, 2008, the City Council adopted the following motions: I. SITE PLAN REVIEW "The City Council approves the two site plans consisting of a 14,490 square -foot retail building containing a pharmacy with a drive-thru, and a 4,500 square -foot retail building and upgrade to the fagade of an existing strip mall, Planning Case 08-05, for Seven Forty -One Crossing as shown in plans dated received March 17, 2008, revised May 1, 2008, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Conditions common to both site plans: A. All site improvements, including the building pad for the future retail building and remodeling of the existing strip mall, must be constructed concurrently. B. If importing or exporting of material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. C. Work with staff to develop additional treatment of storm water for this site. D. Revise the drainage calculations. The drainage calculations state an assumption of off -site runoff without information as to how the assumption was made. E4 is shown in the rational method calculations but is not shown on the drainage maps. Darken drainage boundaries so that the map is easier to follow. Also, the pond south of this site has an additional inlet and outlet that are not shown on the plan. The pre -development runoff rates must be maintained post -development for a 2-, 10-, and 100-year storm event. SP-3 E. All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross -access agreement. F. Determine actual elevations of existing utilities. The ductile iron watermain must be poly wrapped. G. Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1, Seven Forty One Crossing will get credit for three trunk sewer and water charges. The 2008 trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. H. All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. The construction details shown on the plan must be updated to the 2008 City of Chanhassen Specifications. J. The applicant shall submit a set of "as -built' plans signed by a professional engineer upon completion of the construction of the site. K. Fire Marshal Conditions: 1) A PIV (Post Indicator Valve) is not required. 2) As building plans are submitted I will review and comment on them as necessary. 3) Contact Chanhassen Fire Marshal for location of "No Parking Fire Lane" signs and curbing to be painted yellow. Per MSFC Sec. 5033 4) A 3-foot clear space shall be maintained around the circumference of fie hydrants except as otherwise required or approved. Per MSFC Sec. 508.5.5. 5) Posts, fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection control valves in a manner that would prevent such equipment or fie hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Per MSFC Sec. 508.5.4 L. Building Official Conditions: 1) The buildings are required to have automatic fire extinguishing systems. 2) Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. SP-4 4) Of the 234 parking spaces proposed a minimum of seven must be handicap accessible with two of the seven "van -accessible". 5) Detailed occupancy related requirements will be addressed when complete building plans are submitted. 6) The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. M. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. N. The minimum depth of all recessed walls is four inches. O. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. P. Approval of the site plan is contingent upon approval of the vacation, conditional use permit and administrative subdivision. Q. All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may not occupy more than 15% of the sign area. R. Wall -mounted signs shall meet ordinance requirements S. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. The ordinance requires no more than 0.5 foot candle at the property line. Light fixtures and site lighting plans shall meet ordinance requirements. T. Environmental Resource Specialist Conditions: 1) Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to issuance of a building permit. 2) All landscape islands shall have a minimum inside width of 10 feet. At least one additional landscaped island or peninsula is needed in the parking lot. 3) Approval of clearing limits along the west property line must be given by the city before any trees are removed. 4) Existing trees on the west property line shall be removed only within the proposed grading limits. No proposed landscape material will be allowed to be planted within the existing wooded area unless approved by the City. Planting locations must be field located. U. Water Resource Coordinator Conditions: 1) A rainwater garden shown in the northwest comer of the property shall include the following design parameters: The Erosion Control/SWPPP Plan and Landscape Plan shall be modified per this the following requirements: SP-5 a. Underdrain shall be installed and connected to the proposed stormwater conveyance system; b. Engineered soils shall be incorporated into the rain garden per the 2005 Minnesota Stormwater Manual unless soil borings are provided for this area indicating appropriate soils for infiltration already exist; c. Deep rooted plants shall be used in the rain garden; d. The feature shall drain within 48 hours and shall not exceed 18 inches of inundation; e. The rain garden area shall be protected so as to preclude the operation of heavy equipment in the area. 2) The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. V. The proposed trail in MnDOT right-of-way will require a limited use permit (LUP) from MnDOT. This permit must be secured by the developer prior to construction. Also, the applicant shall provide a pedestrian connection from the trail to the interior of the development. W. Upgrade of the building fagade of the existing strip mall shall occur prior to issuance of a certificate of occupancy of either of the new buildings. Conditions specific to individual sites: Retail Building (Walgreens) with an area of 14,490 square feet located on Lot 1, Block 1: A. Remove the multiple -tenant building to be demolished prior to commencement of grading. B. The grading plan needs to be revised. Normal water level of the existing pond should be shown on the plan. Existing contour information should be shown 100' north of the site. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1% in the pavement areas, and .5% along the curb lines. C. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of $12,000.00 to guarantee the installation of the storm water treatment, erosion control, and seeding. D. Revise the plans to reflect a maximum hard surface coverage of 65%. E. The overhead door along the south elevation shall be redesigned to reflect a door design similar to those located on the north elevation of the Walgreens building located on West 79`h Street. F. The applicant shall revise the plans to reflect the reduction in the size of the trash enclosure from 50 feet to 19 feet in width. +TZ� Retail Building with an area of 4,500 square feet located on Lot 2, Block 1: A. The grading plan needs to be revised. Normal water level of the existing pond should be shown on the plan. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1% in the pavement areas, and .5% along the curb lines. B. The retaining wall located east of the future retail building shall be constructed at the time of the construction of the building. This will help minimize the size of the retaining wall if a smaller building than proposed is constructed. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. C. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of $4,000.00 to guarantee the installation of the storm water treatment, erosion control, and seeding. D. Approval of the site plan is contingent upon approval of Conditional Use Permit 05-05." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit 'B" and incorporated herein. SP-7 (SEAL) CITY OF CHANHASSEN M. AN STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisj&day of 12008, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. II� P 'V NMnMMMM/�1M.AMM.M1 /V�/VJ1/,/,/� KAW A! i. ENGELHARDT Notary P�Ibfic-Ntinnesota 4' _ My Carn+n,ss,on Expires Jan 31, 2070 SE` STATE OF MINNESOTA ) (ss COUNTY OF E uX)5n P / ) The foregoing instrument was acknowledged before me this; day of 2008, by Max Heitzmann, Manager of SEV-41, LLC. lo,EiIQT1PNAmIfsm 1WUTPM KL91C-MNIE:OtA w C0u"I"f7fflfiSOF 311 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 SP-8 CONSENT OF MORTGAGEE BNC National Bank, a national banking association ("Mortgagee"), the mortgagee under that certain Mortgage and Security Agreement and Fixture Financing Statement recorded March 27, 2008 in the Office of the County Recorder, Carver County, Minnesota as Document No. A480785 and that certain Mortgage and Security Agreement and Fixture Financing Statement recorded March 27, 2008 in the Office of the County Recorder, Carver County, Minnesota as Document No. A480787 (collectively, the "Mortgages") hereby consents to the City of Chanhassen Site Plan Agreement 08-05 dated May 12, 2008 (the "Site Plan. Agreement"). Mortgagee agrees that the Mortgages shall be subordinate to the Site Plan Agreement. Dated this 2-2day of October, 2008. BNC NATIONAL BANK a national banking association By: ,�e Brian K. Whitemarsh Its: Executive Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ,;t day of October, 2008, by Brian K. Whitemarsh, the Executive Vice President of BNC National Bank, a national banking association, on behalf of the national banking association. SARA D. ABBAS Notary Public -Minnesota T'�" • " My Commission Expires Jan 31, ---- Drafted By: Grover C. Sayre, III, esq. Leonard, OBrien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis, Minnesota 55402 612-332-1030 388613 a CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the Site Plan Agreement has been recorded with the County Recorders and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfrlling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowing materials, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. GC-1 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The City shall retain $3,180.00 of the posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. GC-2 D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Site Plan Agreement. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Site Plan Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Site Plan Agreement shall not be a waiver or release. H. Recordine. This Site Plan Agreement shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this Site Plan Agreement shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances. and Regulations. In the development of the Property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: GC-3 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Site Plan Agreement. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. g:\plan\2008 planning cues\09-05 walgreens\site plan agreement Walgreens.dm GC-4 (top three inches reserved for recording) QUIT CLAIM DEED LLC TO LLC DEED TAX DUE: $ RECITALS DATE: A. Sev-41, LLC ("Parcel A Owner") is the owner of that certain parcel of property located in Chanhassen, Minnesota that is legally described as (hereinafter referred to as "PARCEL A"): LOT 1, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA. B. Sev-Al, LLC ("P', el a --, ) s the Owner ^f that certain parcel of propel r located ir, Chanhassa , Minnesota that is legally described as (hereinafter referred to as "PARCEL B'): LOT 2, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA C. The Parcel B Owner wishes to grant and convey a certain portion of Parcel B to the Parcel A Owner. CONVEYANCE FOR VALUABLE CONSIDERATION, PARCEL B OWNER, a limited liability company organized under the laws of the State of Minnesota ("Grantor') hereby conveys and quitclaims to PARCEL A OWNER, a limited liability company organized under the laws of the State of Minnesota ("Grantee") all real property owned by Parcel B Owner that is situated within Parcel A, as that parcel is described on Exhibit A, which is attached hereto and incorporated herein by this reference. The intent and effect of this conveyance shall be that, subsequent to the conveyance, the Parcel A Owner shall be the record owner of all real property identified as Parcel A in Exhibit A attached hereto. The Grantor certifies that the Grantor does not know of any wells on the described real property. Quit Claim Deed Page 1 of 2 ACKNOWLEDGMENT STATE OF MINNNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on OCTOBER 13, 2D08, by LAWRENCE W. ABDO, in his capacity as Chief Manager of SEV-41, LLC, a Minnesota limited liability company. WITNESS my hand and seal this � day of Oc-An� P r 2008. JERM PNA KMITSM Y7'COMASSK ORfESOI31-A11 My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY: William M. Sheehan, esq. 601 Marquette Avenue, So., Suite 100 Minneapolis, Mixlesota 55402 TAX STATEMENTS FOR THE REAL PROPERTY CONVEYED BY THIS INSTRUMENT SHOULD BE RETURNED TO: Quit Clain Deed Page 2 of 2 EXHIBIT A PROPERTY DESCRIPTION Parcel A: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota described as follows: BEGINNING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a distance of 254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89 degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the POINT OF BEGINNING. Quit Claim Deed Exhibit A City Clerk's Certification Pursuant to M.S. MA62 The undersigned hereby certifies: (Check one of the following:) _ Y That City subdivision regulations do not \ apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: /-;7in/ te?� Bye R pI� v epury ca �C4 Printed Name:<5 hot 1; i0 � Z ►�i � EXHIBIT A (cont.) PROPERTY DEPICTION QLA Clain Dead Exhbk A LEGEND fllvo® IaSNE aNnaa a s]wusEmN a—»�C wPIEPWN rr-1—��—r—¢ Ewsalalr 6ltIY: -Ye- RccT�c -IN TEIFWaW X]— —+-- sTuowo.YrnRnEunb - __ Ilea TorcTAA SXFFTntNN EBnINP wi.WameneYn-a lXEramonuL %uTnl tas{cllun IgAWgIIvgRER XNEP TO OfluL EMEU IA.I FOR EETIN1 I S' YIINMM61N11 V9YAY O enl>NLX6 RN� INBENTO%IAA SI uI KIN EECTXYr IIfAW NWXXJ DEVELOPMENT SUMMARY- OVERALL SITE SETY]ag RRMYNY ]s RR PFABYNO ]ORfl SWF Y,W➢ ISHFI Y]YYIQ{ER t50.tlEi A.IG BN-,t14%aeXl[00.NFSE PM1IILT brt /GNGA ip WA1�N {. NtlW'KiwaL 4,%O] I5171IS E¢tiIYGRIY TOTY BLLOBNG 41UEE HIEEEf. BN AE IENIPSY EYIIIE/1ptl Ef.1FTL Y[E E>N£E WWISMONNA$A "SSSUS mv.®uruXae ]n TmYAYIIANf .mM aE vruE 09WlEIRNMl8AEMM8 BI QYFWy6RSZE� 211I,91I9Ef./EII/L. N[Pl6®yAyelll ee911%IE IE;9ESs1/4MX R�"PoW Y]YIY {HWU6 %.e615{. /]31.1C IVJYY�011 eeaYb6 FR NYII A Lm SR SY.E]E]f.,IAS IL. RgN$Ep YNAM6 4En E{. ppOp%y NMaA SIV"Ei. IpmIt YRRg15 YSf LOT 1. LOT 2I8(33E.f. ISMAC. T.YR10141EXR iP 0YfFQ,a5 ip OlFMa6 EIAAS{. /tell. iFPCTNtYHNNYIS ®A M BWOLm IVAYIIU WHPYI>JE I.,"Si./Sam MNNY PFM•LVE ]E.Si3 E{./1ISM W.WY RMEXI YRIM>JE %R IIDTe. {Nu fiuLoan NVENuuus AFAP WEl NclwL STNIILTWESAWN SIII C ON, IfNNWSAPE/.IATEO!8]SE. 64TH ST. W. GYI/Y: EVrx�� McCombs Frank Roos Associates, Inc. fIBD2(ih Aare Abla 9]b 740 pAnoIJN vi • vmsom • J3e6/ phorwr]HMl 10•115c75i4 W.M NB�.'wMaJ]68COT PRO.IECTTYPE OAR ❑ WXNmeeaNfm p suer. al INYuwmuvw ❑ Nlowema nmulWA;luumN. wrsmmmumm: ❑ WxeE�mA.nm ® IAomeoNNAclw nur.aeN<me srDle euEUNc ❑ rtea¢.aer ❑ OnY _ ❑ u �[ ww. wieYs ww W rr w xon INC. ry rP�uu'bl3fan. Pottl ],t;tNs¢ yrJl]t CITY OF CHANHASSEN FACILITIES PLANNING. DESIGN & FNGINFERING 100 WILMOT ROAD DEERFIELD, ILLINOIS 150015 CERTFICATIONN VA I I,e!]wtlY P<M1i pkr ASI[1m vp[1 semi, - ..a Ew.x¢ia uw ae u.: o Ire sere or X r�o 1L�nr� W. illAcsrp_ li&r.i wWXrlm nm oa Wt1Aer nSa% mYa lEXIIrOlB 2499 STATE HIGHWAY NO. ] CNANHASSEN. MINNESOTA NaPYATSINY.wY>amATeuw.Y O.LTINS.1 PROJECT LOCATION OVERALL SITE EXHIBIT DRAWING TITLE wre 49tl59L m ww JFJ smmro w.mco C3.0 >TW WALGNEENS=7 CRHERIA-IMtU BUl1f IW NAylN WM,) LEGEND wCfA4.0 LOSTM LT81Sa RnTFP SWO,,, 1 mo o--sue svnARraxYR �»P--�� 0—> MRRLLM MS-1��,—O NABB11 Rrsud 6[C1W4 �q� 19fAaE N- -r sruuARO wnv11>dula - - Q8RglpgiKpHiqtfqSR11RR IeAwnmR11RRA6 iP$fRRDORK RRLt w.l roRS[cTOA HGW.gRVf.N4MlF O RTOWaSHM01FLRACM ) IS'&tWINy154LLaPhPo/Y I� BIIWWJ115 FSP.ViPF JLf,FNI (1FAW{NVJWiM � R1R(fl 10 LELM 4fFit91iq 5Eclp11 DEVELOPMENT SUMMARY - OVERALL SITE 2E1c�us Rvrtrm ssRn IPA SOFLLT ym 9EYIA0 15RE1 YM mm 1S000SF. LI.G q.1EYJIPtl010q B1A65F61RILT BggE NG iNN.�RNR®6 1.31351 M11'�RNLK ASF. SOO 5CRI 5I.SI. TOTIP1. i011LPggEPIFA AS,, AIS/. gEgRF0:8�6/1JY]Sf.RRILL 2Z65PILF5 W 00PM A NSPKSB MIpIIDgPMIHP 1815PAOS6 IOFY ♦VMMIE ]]35YIi£i OAwl511F qG 8'MC88 { IMEB R ggy1y 511EyE b1 ESL./SQK Rpp3®FyryIR1Y6MP6 ,RBSSSF.l.2Ox RYDSIDINRYIHRWb w.2RSF.1211AC WWY161EBIIYBIMtIb fiF.% PARCRA LOT SRN w336 Sf / 'AK gICPoSfO U`TMry1S 40874SF./OMK PRIWS�IRIM Ze.1625 f./YE1K RP1H1Yf1ryp6 645Y wme Lmsff ale Rtl sE. /SSlK oRRRREmD.eens 1a6. "MOSPSYDSOOS PIES. PphL6 ST,llSNAC. S1yASF./uK R@CgFPfFTq,S SO% FMLL BI.0.O-0N WVYq RMfRN]I4 10,1115f. /iSB.IG. NN W M fFRNp6. 145II S.i.1118IL. yAgYRggqRYBRyg SSCf g1L ,YP18LlUQ11 MgVg6 mL PYLVL1REhIIPE. Lgg6 FMTfM. ACCMM SiRutMF5.I55P]11m5CfWN6NO5011RY16.NOP14.lSMMIOEMW 11EYLWY WRVd6/NAL61®Illlh. 64TH ST. W. � • FRA McCombs Frank Roos Associates, Inc. 14BW20A ,Ab*t Subtp YN41 P7"MO-tK 76W pblR: ]G441BN20•t. IGYQfi-g.R2 N '�:Yrl5WlR68IXY11 PROJECTTYPE ❑ 4 ❑I fM ® LVYRI ❑ > ® wamsw.lR•c1a nvx.w.11ncu>P STORE FR1ldNG ❑ tgnc_ ❑ ❑ Bseldr ❑ q� ❑ • Y N,sO PYAY s,P,. ya r• w i�u@sa, m6Y Y4�r,iu L�anxon.N,,. MI AYrp<es„� SUM,5W 1W ry6. ry10 vbwRxw >•t5n, CITY OF � CHA H SSE Y FACILITIES PIANNIINNG. DESIGN A ENGINEERING 1DP WILMOT ROAD DEERFIELD, R NOIS fW15 CEROFICATONNOS 11w/ ulA' arPl,{ pFluslot v pP�d b h a dIP Sy qd Rl.Rdu >dhll wP M2Lh•1PNgW d 6B®1 wl�shyYAwk dPIa�MYd liwt FI11hYh 117I3 O,F[ A/2!/♦m a�Pr,,,vavv� �y hraaa �R� Araat 1R��a MN vMN WUN s/nN REY9016 /�'�) WQr�9 2499 STATE HIGHWAY NO. CHANliASSEN. MINNESOTA ryWp8falEw]wPR • warty, rRPIILmE xwl PROJ ECTCT LOCATION OVERALL SITE EXHIBIT DRAWING TITIF re m15AB JFJ smdn. 1N34 C3.0 o.o WA WALGREENS2 CRITERM-1 FSLJMLLEON RG201 WODTW CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Anxon, Inc. 601 Marquette Avenue South, Suite 100 Minneapolis, MN 55402 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 1017/08 08-05 ATTENTION Mr. Max Heitzmann, Vice President RE: Wal reens at Seven Forty One Crossing M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 08-05 Wal reens Site Plan Agreement #08-05 THESE ARE TRANSMITTED as checked below: ® For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints REMARKS Please sign and notarize the attached Site Plan Agreement and return to my attention along with the security in the amount of $182,963 (per Section 5 on page SP-2). A fully executed copy will be returned for your records. COPY TO: Sharmeen AI-Jaff, Senior Planner SIGNED: Kim Meuwissen, (9*) 227-1107 SCANNED K enclosures are not as noted, kindly notify us at once. CrrY OF CHANHASSEN SrM PLAN AGREEMENT 08-05 SPECIAL PROVISIONS THIS AGREEMENT (this "Site Plan Agreement") dated May 12, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Sev41, LLC, a Limited liability Corporation (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 14,490 square -foot retail building containing a pharmacy with a drive-thru and a 4,500 square -foot retail building and upgrade to the fagade of an existing strip mall, Planning Case 08-05, for Seven Forty -One Crossing (referred to in this Site Plan Agreement as the "Project")_ The land is legally described as follows: Parcel A: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota described as follows: BEGINNING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot I a distance of 254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89 degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the POINT OF BEGINNING. Parcel B: That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota lying southerly southeasterly and easterly of the following described line: COMMENCING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a distance of 254.85 feet to the point of BEGINNING of the line to be described; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1 and said line there terminating; SPA 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terns of this Permit, the written terms shall control. The plans are: PlanA: (C1.01) Title Sheet dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanB: (C2.01) Demolition Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanC: (C3.01) Site Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanD: (C4.01) Grading Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanE: (C5.01) Erosion Control Plan/SWPPP dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanF: (C6.01) Utility Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanG: (C9.01) Civil Details dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. PlanH: (L1) Landscape Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos Associates, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2009. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $182,963. This amount has been calculated at a rate of 110% of the actual value of improvement (grading, erosion control, landscaping, etc.). The City will release the security posted in accordance with the City Code. SP-2 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mr. Max Heitzmann, Vice President Anxon, Inc. 601 Marquette Avenue South, Suite 100 Minneapolis, MN 55402 Phone: 612.465.0861 (office) 612.341.9131 (fax) 763.443.8613 (mobile) Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On May 12, 2008, the City Council adopted the following motions: I. SITE PLAN REVIEW "The City Council approves the two site plans consisting of a 14,490 square -foot retail building containing a pharmacy with a drive-thru, and a 4,500 square -foot retail building and upgrade to the fagade of an existing strip mall, Planning Case 08-05, for Seven Forty -One Crossing as shown in plans dated received March 17, 2008, revised May 1, 2008, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Conditions common to both site plans: A. All site improvements, including the building pad for the future retail building and remodeling of the existing strip mall, must be constructed concurrently- B. If importing or exporting of material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. C. Work with staff to develop additional treatment of storm water for this site. D. Revise the drainage calculations. The drainage calculations state an assumption of off -site runoff without information as to how the assumption was made. E4 is shown in the rational method calculations but is not shown on the drainage maps. Darken drainage boundaries so that the map is easier to follow. Also, the pond south of this site has an additional inlet and outlet that are not shown on the plan. The pre -development runoff rates must be maintained post -development for a 2-, 10-, and 100-year storm event. SP-3 E. All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross -access agreement. F. Determine actual elevations of existing utilities. The ductile iron watermain must be poly wrapped. G. Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1, Seven Forty One Crossing will get credit for three trunk sewer and water charges. The 2008 trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. H. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. I. The construction details shown on the plan must be updated to the 2008 City of Chanhassen Specifications. J. The applicant shall submit a set of "as -built" plans signed by a professional engineer upon completion of the construction of the site. K. Fire Marshal Conditions: 1) A PIV (Post Indicator Valve) is not required. 2) As building plans are submitted I will review and comment on them as necessary. 3) Contact Chanhassen Fire Marshal for location of "No Parking Fire Lane" signs and curbing to be painted yellow. Per MSFC Sec. 503.3 4) A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. Per MSFC Sec. 508.5.5. 5) Posts, fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Per MSFC Sec. 508.5.4 L. Building Official Conditions: 1) The buildings are required to have automatic fire extinguishing systems. 2) Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. SP-4 4) Of the 234 parking spaces proposed a minimum of seven must be handicap accessible with two of the seven "van -accessible". 5) Detailed occupancy related requirements will be addressed when complete building plans are submitted. 6) The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. M. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. N. The minimum depth of all recessed walls is four inches. O. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. P. Approval of the site plan is contingent upon approval of the vacation, conditional use permit and administrative subdivision. Q. All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may not occupy more than 15% of the sign area. R. Wall -mounted signs shall meet ordinance requirements S. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. The ordinance requires no more than 0.5 foot candle at the property line. Light fixtures and site lighting plans shall meet ordinance requirements. T. Environmental Resource Specialist Conditions: 1) Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to issuance of a building permit. 2) All landscape islands shall have a minimum inside width of 10 feet. At least one additional landscaped island or peninsula is needed in the parking lot. 3) Approval of clearing limits along the west property line must be given by the city before any trees are removed. 4) Existing trees on the west property line shall be removed only within the proposed grading limits. No proposed landscape material will be allowed to be planted within the existing wooded area unless approved by the City. Planting locations must be field located. U. Water Resource Coordinator Conditions: 1) A rainwater garden shown in the northwest comer of the property shall include the following design parameters: The Erosion ContmUSWPPP Plan and Landscape Plan shall be modified per this the following requirements: SP-5 a. Underdrain shall be installed and connected to the proposed stormwater conveyance system; b. Engineered soils shall be incorporated into the rain garden per the 2005 Minnesota Stormwater Manual unless soil borings are provided for this area indicating appropriate soils for infiltration already exist; c. Deep rooted plants shall be used in the rain garden; d. The feature shall drain within 48 hours and shall not exceed 18 inches of inundation; e. The rain garden area shall be protected so as to preclude the operation of heavy equipment in the area. 2) The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. V. The proposed trail in MnDOT right-of-way will require a limited use permit (LUP) from MnDOT. This permit must be secured by the developer prior to construction. Also, the applicant shall provide a pedestrian connection from the trail to the interior of the development. W. Upgrade of the building fagade of the existing strip mall shall occur prior to issuance of a certificate of occupancy of either of the new buildings. Conditions specific to individual sites: Retail Building (Walgreens) with an area of 14,490 square feet located on Lot 1, Block 1: A. Remove the multiple -tenant building to be demolished prior to commencement of grading. B. The grading plan needs to be revised. Normal water level of the existing pond should be shown on the plan. Existing contour information should be shown 100' north of the site. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1% in the pavement areas, and .5% along the curb lines. C. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of $12,000.00 to guarantee the installation of the storm water treatment, erosion control, and seeding. D. Revise the plans to reflect a maximum hard surface coverage of 65%. E. The overhead door along the south elevation shall be redesigned to reflect a door design similar to those located on the north elevation of the Walgreens building located on West Wh Street. F. The applicant shall revise the plans to reflect the reduction in the size of the trash enclosure from 50 feet to 19 feet in width. N-01 Retail Building with an area of 4,500 square feet located on Lot 2, Block 1: A. The grading plan needs to be revised. Normal water level of the existing pond should be shown on the plan. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1 % in the pavement areas, and .5% along the curb lines. B. The retaining wall located east of the future retail building shall be constructed at the time of the construction of the building. This will help minimize the size of the retaining wall if a smaller building than proposed is constructed. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. C. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of $4,000.00 to guarantee the installation of the storm water treatment, erosion control, and seeding. D. Approval of the site plan is contingent upon approval of Conditional Use Permit 05-05" 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit 'B" and incorporated herein. SP-7 CITY OF CHANHASSEN LYE (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_day of 2008, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. SEV-41, LLC: IM STATE OF MINNESOTA ) (ss COUNTY OF NOTARY PUBLIC Max Heitzmann, Manager The foregoing instrument was acknowledged before me this _ day of 2008, by Max Heitzmann, Vice President of Anxon, Inc. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 am CII'Y OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowing materials, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be wan -anted for twelve (12) months from the time of planting. The City shall retain $3,180.00 GC-1 of the posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default th the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. GC-2 E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Site Plan Agreement. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Site Plan Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Site Plan Agreement shall not be a waiver or release. H. Recording. This Site Plan Agreement shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this Site Plan Agreement shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: GC-3 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall fumish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Site Plan Agreement. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. GC-4 9:%plan\2008 planning cases\08-05 walgeens\site plan agreernent Walgeens.dm GC-5