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CAS-04_2019-04 CONTROL CONCEPTS (2)Roger N. Knutson Elliott B. Knetsch Joel J. jamnik Andrea McDowell Poehler Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter David S. Kendall Kurt S. Fischer ' Thomas J. Campbell* *Retired Grand Oak OtHce Center1 860 Blue Gentian Road Suite 790 Eagan, Minncsnta 35121 Main: 651-452-5000 Fax:631-234-6237 e ww.ck-law.amt CAMPBELL KNUTSON April 13, 2020 Ms. Stacy Osen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings —Arboretum Business Park 71 Addition Dear Ms. Osen: Please find enclosed the following documents which have been recorded with Carver County on March 26, 2020 regarding the above -referenced matter: Resolution No. 2020-13 Vacating Drainage and Utility Easements recorded as Document Nos. T212977 and A693039; 2. Grant of Permanent Easement for Drainage and Utility Purposes recorded as Document Nos. T212978 and A693040; and 3. Amended and Restated Encroachment Agreement recorded as Document Nos. T212979 and A693041. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean Ison, L a Assistant /jmo Enclosures 209770v1 &CANNED 6-1 Document Number: T212977 Torrens Certificate: 39714.0 Filed and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7137608 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 5 Document Number: A693039 Filed and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy CS Pkg ID: 7137599 Document Recording Fees $ 46.00 _____________________________________ Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 5 This cover page has been added to this document by Carver County Lard Records and is now an official part of this recorded document 0 CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2020-13 "Vacating Drainage and Utility Easements" adopted by the Chanhassen City Council on February 24, 2020 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 26th day of February, 2020. t.�Jtd-dyY`' Kim Meuwissen, Dep ty Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 24, 2020 RESOLUTION NO: 2020-13 MOTION BY: Coleman SECONDED BY: Campion RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, Zion Investments, LLC, a Minnesota limited liability company, ("Applicant') has requested vacation of all drainage and utility easements over Lot 2, Block 1, Arboretum Business Park 7'b Addition, Carver County, Minnesota, according to the recorded plat thereof ("Property") which they have agreed to replace with more appropriate drainage easements for the Property; WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7m Addition, Carver County, Minnesota, according to the recorded plat thereof ("Easements"); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council that the Easements are not needed for public purposes, provided the conditions set forth in this Resolution are met by the Applicant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: The following Easements are vacated subject to the conditions provided in this Resolution: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7'" Addition, Carver County, Minnesota, according to the recorded plat thereof; 2. The vacation of the Easements is conditioned upon the following: a. The Applicant providing to the City drainage and utility easements over the Property as legally described in Exhibit A attached hereto, simultaneously with the recording of this Resolution; b. The Applicant executing and recording an amended and restated encroachment agreement to reflect the revised drainage and utility easements in a form approved by the City, to be simultaneously with the recording of this Resolution; 3. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easement and amended and restated encroachment agreement identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 20 day of February, 2020. ATTEST: — .4 VA, Lg-- Todd erhardt, City Manager YES NO Ryan Campion Coleman McDonald Tjomhom L4yc � Elise Ryan, Mayor ABSENT e 2 0 0 IXHmM& Depiction of New Drainage and rm#Easements ||__�_\\\p#gRra q/ | § mMs /�1/ISMfl - t || '4. |•|;|R.�.;! i��| '� §G! § �q| \ § it | b | Q\BaJid� q\ \ » k » 3 r� u Document Number: T212978 Torrens Certificate: 39714.0 Flied and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7137608 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 7 Document Number: A693O4O Filed and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy CS Pkg ID:7137599 Document Recording Fees $ 46.00 --------- ------------------- ------------ Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 7 This rover page has been added to this document by Carver County lard Records and is now an official part of this recorded document (reserved for recording infor irm) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ZION INVESTMENTS, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on Exhibit 1113" ("the Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, and excavate the Easement Premises, and the fimrther right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said drainage and utility systems. I 208906vi S` I&WED The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above -described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this !?-S day of ;&Vv� 2020. GRANTOR: ZION INVESTMENTS, LLC By C[print name] Its_ [title] STATE OF MINNESOTA ) ]j� �� ) ss. COUNTY OF A_ ) The foregoing instrument was acknowledged before me this J Z-th- day of 2 I20, by C.ot �iCiris the ��,Q/Q I ,� of Zion Ines tents, LLC, a Minnesota limited liability company, Grantor, on behalf satd limited liability company. Not ubl c KATHLEEN MARIE ELIASON Notary Public Minnesota µY Canmrsts m Exp es January 3S, 2024 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNmON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Fagan Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 208906v1 EXIIIBIT "A" to GRANT OF PERMANENT EASEMENT Legal description of property Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. Easement description: A permanent easement for public drainage and utility purposes over, under, across and through the north and south 5 feet and the west 10 feet of Lot 2, Block 1, ABORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and that part of said Lot 2, lying east of the following described line: Commencing at the southeast corner of said Lot 2; thence on an assumed bearing North 89 degrees 32 minutes 15 seconds West along the south line of said Lot 2, a distance of 163.08 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 270.88 feet; thence North 89 degrees 32 minutes 15 seconds West 44.01 feet; thence northwesterly 105.77 feet along a non -tangential curve concave to the southwest, having a radius of 119.00 feet, a central angle of 50 degrees 55 minutes 25 seconds and a chord that bears North 63 degrees 35 minutes 18 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 38.63 feet to a north line of said Lot 2 and said line there terminating. [Abstract and Tarrens] 208906v1 EXHIBIT "B" to GRANT OF PERMANENTIASEMENT yt ate.. L;3�o E 7f SSIa�i�c ga;f s c L�: S ��7 �ltrrst�`"�ty� saj�g alai is q :g y6 2 • MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT ASSOCIATED BANK, NATIONAL ASSOCIATION, a national banking association, which holds: A Combination Construction Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statement executed by Zion Investments, LLC, a Minnesota limited liability company, dated December 3, 2019, filed December 13, 2019 as Document No. A688206 with the office of the County Recorder for Carver County, Minnesota and Document No. T212072 with the Registrar of Titles for Carver County, Minnesota in the amount of $5,856,000.00 in favor of Associated Bank, National Association; And Assignment of Leases and Rents by and between Zion Investments, LLC, a Minnesota limited liability company, and Associated Bank, National Association, dated December 3, 2019 and recorded December 13, 2019 as Document No. A688207 with the office of the County Recorder for Carver County, Minnesota and as Document No. T212073 with the Registrar of Titles for Carver County, Minnesota; on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this Z,)4 day of !%CQ (,�A 2020. 2089060 ASSOCIATED BANK, NATIONAL ASSOCIATION By: r. ,;. INN [y=ut name] Its V P [title] And i b k [print name] Its 5w/1p [title] STATE OF —'M Iv ) (ss. COiJNTY OF ) The foregoing instrument was acknowledged before me this 2 day of-'MC1k , 2020, by and , respectively the p and SV? of Associated Bank, National Association, a national banking association, on behalf of said entity. Notary -Public lie�wBr NBIARYA COMBS-ORGEMAN NOTARY PUBLIC - MINNESOTA My CanNwon Elm Jen. 31. 2024 DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 208906v1 Document Number: T212979 Torrens Certificate: 39714.0 Filed and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7137608 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 8 Document Number: A693O41 Filed and/or Recorded on Mar 26, 2020 8:22 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy CS Pkg ID: 7137599 Document Recording Fees $ 46.00 ----------------------------------------------------------- Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 8 This cover page has been added to this document by Carver County Land Records and is now, an official part of this recorded document (reserved %r recording injorma[ion) AMENDED AND RESTATED ENCROACHMENT AGREEMENT THIS AMENDED AND RESTATED ENCROACHMENT AGREEMENT is made and entered into this Mt-, day of 2020, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and ZION INVESTMENTS, LLC, a Minnesota limited liability company ("Owner"). This instrument amends, restates and supersedes, in its entirety, that certain Encroachment Agreement between the parties dated August 27, 2019 and recorded September 9, 2019 as Carver County Document No. A682790. 1. BACKGROUND. Owner is the fee owner of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Lot 2, Block 1, ARBORETUM BUSINESS PARK 7T" ADDITION, Carver County, Minnesota according to the recorded plat thereof. ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property. Owner desires to construct concrete curb and gutter, drain -tile, and storm sewer infrastructure ("Improvements") on the Subject Property which will encroach on the City' s drainage and utility easement areas as depicted on the sketch attached hereto as Exhibit " A". 2089osvt I 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its easement areas on the Subject Property for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to maintain or repair any of the Improvements located within the City's easement areas. • The Improvements located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • Owner shall construct all the Improvements consistent with all applicable federal, state and local laws and regulations. • The Owner is fully responsible and liable for any and all damage caused to any of the Improvements because of them being constructed in the City's easement areas. • The owner of the Subject Property will own and maintain the Improvements. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement areas, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, including any Improvements in the City's easement areas, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or utility purposes and the Improvements are inconsistent with the City' s use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the Improvements to the extent it impacts the easement areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City 2os905vt 2 may remove the Improvement to the extent it impacts the easement areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Remainder of page intentionally left blank Signature pages follow.] 208905vl CITY OF CHANHASSEN By CZA4 / &Ll.uzenj (SEAL) Elise Ryan, May And 4��A t,� Todd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this k-) ` day of 1G "v"C -N , 2020, by Elise Ryan and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authoritygranted by its City Council. _ Public JEAN M SnCKLING 208905v1 4 STATE OF MINNESOTA ) (ss. COUNTY OFLnEsy ) The foregoing mstr'�,ent �st<ay 2020, by (=ror% Zion Investments, LLC, a Minnesota ,••"""' KATHLEEN MARIE ELIASON 4 Notary Public Minnesota W Camraw E Je%M 31, 2N24 THIS INSTRUMENT WAS DRAFCED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651)452-5000 AMP/sort OWNER: ZION INVESTMENTS, LLC By [print name] Its /M [title] acknowledged before me this � day of a4 s , the Qf G,j MLK r of d liability company, Grantor, on behalf ofthe entity. 208905vl �11 E b § is R F 7FI ti Nflffl �Y t::�{IlilIlltea .�� lee I: ;„ .� fit(I'I giI1�{1�.11{ei"' s lit =8e�3 W z i WWW ! x W Tu � �o - �• c O g� 1 d fx zs P�W i Z 3g� o WWI o o G� A cr; O N \\� r uV o r J r j • • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 24, 2020 RESOLUTION NO: 2020-13 MOTION BY: Coleman SECONDED BY: Campion RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, Zion Investments, LLC, a Minnesota limited liability company, ("Applicant") has requested vacation of all drainage and utility easements over Lot 2, Block 1, Arboretum Business Park 7'h Addition, Carver County, Minnesota, according to the recorded plat thereof ("Property") which they have agreed to replace with more appropriate drainage easements for the Property; WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks Published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 71h Addition, Carver County, Minnesota, according to the recorded plat thereof ("Easements"); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council that the Easements are not needed for public purposes, provided the conditions set forth in this Resolution are met by the Applicant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The following Easements are vacated subject to the conditions provided in this Resolution: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7'h Addition, Carver County, Minnesota, according to the recorded plat thereof, 2. The vacation of the Easements is conditioned upon the following: a. The Applicant providing to the City drainage and utility easements over the Property as legally described in Exhibit A attached hereto, simultaneously with the recording of this Resolution; b. The Applicant executing and recording an amended and restated encroachment agreement to reflect the revised drainage and utility easements in a form approved by the City, to be simultaneously with the recording of this Resolution; 3. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easement and amended and restated encroachment agreement identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 24' day of February, 2020. ATTEST: zlj y- Todd derhardt, City Manager YES NO Ryan Campion Coleman McDonald Tjomhom . w.J Elise Ryan, Mayor ABSENT c 2 EXHIBIT A Depiction of New Drainage and Utility Easements vomns�e�oo ave�snve`'�p..i"-ra.�s+n s¢veyetM•eP.� QF i sN9 t 0p t4 St En$„ w �a gF T g y tFy s nV eS$gf a fix Ed o .xlE -- :9vE 5 u 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 24th, 2020 at 7:00 P.M. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements located at W77 Century Boulevard, legally described as follows: All Drainage and Utility Easements as dedicated in lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County. Minnesota. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 0?ublished in the Chanhassen Villager on Thursday February 13 and 20 2020• No. 4833) Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager the news- papers known as the Chaska Herald and the Chanhassen Villager 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.3 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghbkhnnopgrstuvw*�- xyz''nn cdy aurie A. Hartmann Subscribed and swom before me on this day of 2020 N u lic JYMMEJEANNETTEBARK NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $3120 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $14.03 per column inch CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on February 5, 2020, 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 Vacation of Public Drainage and Utility Easements at 8077 Century Boulevard (Control Concepts), 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 and Hennepin Counties, Minnesota, and by other appropriate records. Subscribed and swo to before me this�t day of 2020. Notary Public l.tta 1 V L� ccsc �Lj1i1s Kim T. euwissen, Deputy Uezk JEAN M STECf~ Notary Publlomwewom M' EWWeim31.2M CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 24, 2020 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements located at 8077 Century Boulevard, legally described as follows: d P All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota. EXHIBIT i i i� I I I i. LOUCKS All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on February 13a' & 2&, 2020) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION SECONDED BY: RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, Zion Investments, LLC, a Minnesota limited liability company, ("Applicant') has requested vacation of all drainage and utility easements over Lot 2, Block 1, Arboretum Business Park 7`s Addition, Carver County, Minnesota, according to the recorded plat thereof ("Propert,/') which they have agreed to replace with more appropriate drainage easements for the Property; WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7'" Addition, Carver County, Minnesota, according to the recorded plat thereof ("Easements"); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council that the Easements are not needed for public purposes, provided the conditions set forth in this Resolution are met by the Applicant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: The following Easements are vacated subject to the conditions provided in this Resolution: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7s' Addition, Carver County, Minnesota, according to the recorded plat thereof; 2. The vacation of the Easements is conditioned upon the following: a. The Applicant providing to the City drainage and utility easements over the Property as legally described in Exhibit A attached hereto, simultaneously with the recording of this Resolution; b. The Applicant executing and recording an amended and restated encroachment agreement to reflect the revised drainage and utility easements in a form E approved by the City, to be simultaneously with the recording of this Resolution; 3. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easement and amended and restated encroachment agreement identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this day of .2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT 2 0 0 2 E-Ml; ). EXHIBITw Depiction of New Drainage and Utility Easements RRaSaJRda B� 1.,. X Z � � 3 ZION INVESTMENTS LLC 7014 WILLOW CREEK RD EDEN PRAIRIE, MN 55344- COEUR TERRA LLP 6495 CITY WEST PKWY EDEN PRAIRIE, MN 55344- BALL RANCH CO LLC 6495 CITY WEST PKWY EDEN PRAIRIE, MN 55344- CENTURY 2000 PARTNERS LLP 6495 CITY WEST PKWY EDEN PRAIRIE, MN 55344- CHANHASSEN CITY PO BOX 147 CHANHASSEN, MN 55317-0147 MAMAC PROPERTIES LLC 8189 CENTURY BLVD CHANHASSEN, MN 55317-8002 BOERGER BUILDING LLC 2860 WATERTOWER PL CHANHASSEN, MN 55317-8004 5) w �q b n • Search • LAYS • Mail Labels • Drew/ Measure • Lssend Video Ug-Qgl C. Cr qrkP" O o .00 Boon Videos Easement Vacation - Engineering `hecklist C a IAL� G 6-AraFP J Resident's Application Must Include: Fees V Survey and legal description of the property and easement 1 / Copy of the Gopher State One call Engineer Department Shall: Look up original easement document or plat document ✓Check for other easements on the property e— --v -W EF * o'TF ft5 JEaul L-J IAWA- J Check for GSOC flags within easement • N %J 70AJ F ,/Verify the City doesn't have utilities within the easement ✓Verify the easement isn't necessary for access to maintain City -owned stormwater ponds, outlets, liftstations, ect. ✓ Verify the easement or ROW isn't providing sole access to adjacent lots YkIf the easement is adjacent to a water body, the DNR(verify with attorney?) must receive 60 days notice Publish notice of Public Hearing in the newspaper (after attorney's review) Send out letters to nearby residents for public hearing (two weeks notice) and include resolution or petition for vacation Legal description must be included in the notices (long meets and bounds descriptions can have a image as substitute in the paper) Write Memo for Council approval Put together PowerPoint for Council The Attorney's Office Shall: i ' Review the Public Hearing Notice for the newspaper i Draft the resolution for Council I �lR� �t�arlFevA'L. T� I ru su 9LAI P (.*, G:\ENG\How-To\150204-Easement Vacation • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 24s, 2020 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements located at 8077 Century Boulevard, legally described as follows: All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7Tn ADDITION, Carver County, Minnesota. EXHIBIT ram.... .wA`JF •A � ■. LOUCKS -======_ Mks ,..-_.._ -- .�...�...� All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on February 13m & 20's, 2020) 7 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION MOTION BY: SECONDED BY: RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, Zion Investments, LLC, a Minnesota limited liability company, ("Applicant") has requested vacation of all drainage and utility easements over Lot 2, Block 1, Arboretum Business Park r Addition, Carver County, Minnesota, according to the recorded plat thereof ("Property") which they have agreed to replace with more appropriate drainage easements for the Property; WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7t6 Addition, Carver County, Minnesota, according to the recorded plat thereof ("Easements"); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council that the Easements are not needed for public purposes, provided the conditions set forth in this Resolution are met by the Applicant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: The following Easements are vacated subject to the conditions provided in this Resolution: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7'b Addition, Carver County, Minnesota, according to the recorded plat thereof; 2. The vacation of the Easements is conditioned upon the following: a. The Applicant providing to the City drainage and utility easements over the Property as legally described in Exhibit A attached hereto, simultaneously with the recording of this Resolution; b. The Applicant executing and recording an amended and restated encroachment agreement to reflect the revised drainage and utility easements in a form approved by the City, to be simultaneously with the recording of this Resolution; 3. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easement and amended and restated encroachment agreement identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this day of , 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT 2 � 0 EXHIBIT4 Depiction of New Drainage and Utility Easements —, --\: 9. qq|a/�= §O§\�§R/�/} ! ,.'` •l-.f !\ C R§ gip ja , / of br . RR45danda RZ ■.�! — _ ' ,�,. ! � in 3 stewart titie� ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY EM, STEWART TITLE GUARANTY COMPANY NOTICE 102100-1160-0 IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements, Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company'), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned by: Dennis J. Unger, Vice President Authorized Countersignature Land Title, Inc. Company Name Roseville, MN City, State J Matt Morris President and CEO Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA- Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited, Reprinted under license from the American Land Title Association. LAND TrTrE LT File No.: 592827 008-UN ALTA Commitment For Title Insurance 8-1-16 Page 1 of 9 COMMITMENT CONDITIONS DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage': A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title': The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (a) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTAe Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Repnnted under license from the Amencan Land Title Association. LAND TrTEE LT File No.: 592827 uSMIXFroN 008-UN ALTA Commitment For Title Insurance 8-1-16 ApLi- Page 2 of 9 (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTAr Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE LT File No.: 592827 "5 ..iTIN 008-UN ALTA Commitment For Title Insurance 8-1-16 Page 3 of 9 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Land Title, Inc. Issuing Office: 2200 County Road C West, Suite 2205, Roseville, MN 55113 Issuing Office's ALTAx Registry ID: Loan ID Number: Commitment Number: 592827 Issuing Office File Number: 592827 Property Address: 8077 Century Boulevard, Chanhassen, MN 55317 Revision Number: 1 1. Commitment Date: September 23, 2019 at 7:00 am 2. Policy to be issued: (a) 2006 ALTA@ Owners Policy Proposed Insured: Proposed Policy Amount: $ (b) FK 2006 ALTA@ Loan Policy (6-17-06) Proposed Insured: Associated Bank, N.A., its successors and/or assigns, as their interest may appear Proposed Policy Amount: $6,000,000.00 (c) ALTA@ Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. 4. The Title is, at the Commitment Date, vested in: Zion Investments, LLC, a Minnesota limited liability company 5. The Land is described as follows: See Attached Exhibit A. Torrens/Abstract Property Certificate of Title No(s): 39714.0 Carver County, State of Minnesota This page is only a part of a 2016 ALTAR Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A: Schedule B. Part I - Requirements; and Schedule B. Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic torn. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the Amercan Land Title Association. LAND TITLE LT File No.: 592827 AssocuTroN 008-UN ALTA Commitment For Title Insurance B-1-16 Page 4 of 9 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Commitment Number: 592827 Revision Number: 1 EXHIBIT A Lot 2, Block 1, Arboretum Business Park 7th Addition, Carver County, Minnesota. Torrens/Abstract Property This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic fomr. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. r"No TITLE LT File No.: 592827 SucwroN 008-UN ALTA Commitment For Title Insurance 8-1-16 Alte- Page 5 of 9 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Commitment Number: 592827 Revision Number: 1 SCHEDULE B, PART I Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. The record does not disclose any open mortgages. Confirmation of this must be made prior to closing. F. Satisfactory evidence of the authority of the person(s) signing on behalf of the Zion Investments, LLC, a Minnesota limited liability company is required prior to closing. G. Mortgage Deed duly executed by Zion Investments, LLC, a Minnesota limited liability company, in favor of Associated Bank, N.A., in the original amount of $6,000,000.00. H. If any work or labor has been performed on the subject property within the last 120 days (from the effective date of this commitment), we require sworn construction statements and all lien waivers prior to closing. I. This appears to be a construction loan. The mortgage must be fled of record and permission obtained from Land Title, Inc. prior to commencement of work on the site. J. The standard form of Seller's and/or Purchaser's Affidavit, satisfactory to the Company, will be required. This page is only apart of a 2016 ALTAN Commitment for Title Insurance. This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions; Schedule A: Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TrTH LT File No.: 592827 610CW roN 008-UN ALTA Commitment For Title Insurance 8-1-16 Page 6 of 9 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Commitment Number: 592827 Revision Number: 1 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. NOTE: Upon closing with Land Title, Inc., Item 1 on Schedule B, Part II will be deleted. The Final Policy will extend coverage as to the gap between the Effective Date listed in Item 1 of Schedule A and the date of recording of the instruments creating the interest to be insured. 2. Rights or claims of parties in possession not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Easements or claims of easements, which are not shown by the public records. 5. Any lien or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records. 7. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs). 8. No coverage is provided for municipal code compliance matters and fees including, but not limited to, utilities, right of way maintenance, water or sewer services, or fees for tree, weeds, grass, and snow or garbage removal, police boarding, vacant building registration and zoning. This page is only a part of a 2016 AL TA& Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE LT File No.: 592827 nssocwloN 008-UN ALTA Commitment For Title Insurance 8-1-16 Page 7 of 9 • 0 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Commitment Number: 592827 Revision Number: 1 9. Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public records. 10. Tax I.D. No.: 25-0680020 Taxes for the year 2019: $23,934.00, Total, are 1 st 1/2 Paid, 2nd 1/2 Paid, Base Tax: $23,934.00 (Non -Homestead). NOTE: 1st Half Taxes are payable on or before May 15th and 2nd Half Taxes are payable on or before October 15th. 11. There are no levied or pending special assessments. 12. Rights of tenants in possession as tenants only under unrecorded leases. 13. Easement for utilities and drainage as shown on the recorded plat of Arboretum Business Park 7th Addition. 14. Terms and conditions of Declaration of Restrictive Covenants dated August 20, 2007, fled August 21, 2007 as Document Number A-470292 and T-164168. 15. Terms and conditions of Arboretum Business Park Development Contract/PUD Agreement) dated August 25, 1997, filed September 12, 1997 as Document Number A215748 and T98262, amended by Document Number A222435 and T100332, further amended by Document Number A230785 and T102658, further amended by Document Number A301836 and T123316, further amended by Document Number A366168 and T140561, further amended by Document Number A374407 and T142928. 16. Terms and conditions of Interim Use Permit No. 97-1 dated May 27, 1997, filed September 12, 1997 as Document Number A215745 and T98259. 17. Terms and conditions of Wetland Alteration Permit No. 97-1 dated July 28, 1997, filed September 12, 1997 as Document Number A215746 and T98260. 18. Terms and conditions of Interim Use Permit No. 2001-1 Conditional Use Permit No. 2001-8 dated September 24, 2001, filed December 4, 2001 as Document Number A301835 andT123315. 19. Terms and conditions of Conditional Use Permit 2007-10 filed August 21, 2007 as Document Number A470296 and T164172. 20. Terms and conditions of Resolution 2007-34 filed September 24, 2007 as Document Number A-472123 and T164541. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A, Schedule B. Part I - Requirements; and Schedule B, Part II - Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE LT File No.: 592827 MeocwloN 008-UN ALTA Commitment For Title Insurance 8-1-16 Page 8 of 9 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART it ISSUED BY STEWART TITLE GUARANTY COMPANY Commitment Number: 592827 Revision Number: 1 21. Subject to the following matters as shown on the survey prepared by Schoell Madson dated April 17, 2007: A) Encroachment of bituminous trail along the West line of the subject property. 22. Declaration dated August 28, 2019, filed August 28, 2019 as Document Number T210806 and A682205. 23. Encroachment Agreement dated August 27, 2019, filed September 9, 2019 as Document Number T210945 and A682790. 24. Grant of Permanent Easement for Trail Purposes dated August 22, 2019, filed September 9, 2019 as Document Number T210946 and A682791. 25. Access Easement Agreement dated August 22, 2019, filed September 9, 2019 as Document Number T210947. 26. Site Plan Agreement dated June 24, 2019, filed September 23, 2019 as Document Number T211110 and A683466. 27. If there are any questions regarding this Commitment, please contact Nate Schultz at (651) 697-6161 or by email at nschultz@landtitleinc.com. This page is only apart of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE LT File No.: 592827 dsmuuo. 008-UN ALTA Commitment For Title Insurance B-1-16 Page 9 of 9 It MEMORANDUM ■■ LoUCKS TO: Erik Henricksen, City of Chanhassen Engineering Department FROM: Trevor Gruys, PE CC: Cory Watkins DATE: 12/18/2019 PROJECT: Control Concepts SUBJECT: Statement of Need for Vacation of Existing Easements Mr. Henricksen, The existing property contains typical 5-foot and 10-foot wide Drainage and Utilities (D&U) Easements along the property lines. In addition to these typical D&U Easements, there are large irregular shaped D&U easements located along the north and east sides of the property which are not associated with any existing infrastructure, stormwater facilities, or protected natural features. The client, Zion Investments, LLC, is proposing to vacate the irregular shaped D&U Easements to mitigate any risk associated with constructing infrastructure within those D&U Easements. In order to achieve this vacation in the simplest way, Loucks is proposing to vacate all existing D&U Easements on the property, then dedicate the typical 5-foot and 10-foot wide D&U Easements along the property lines as well as a D&U Easement on the east side of the property over the Bluff Creek Overlay District. Regards, Trevor Gruys, PE =\,i11 . '. ,F Z PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL w .loucksinc.com 1 7200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 1 763.424.5505 Brian Pechacek From: mn@gopherstateonecaII.org Sent: Wednesday, December 18, 2019 8:52 AM To: Brian Pechacek Subject: Ticket: 193520201 Gopher State One Call You must ensure that the entire ticket is correct and the entire work area is mapped correctly by clicking - HERE. If any information is incorrect, click HERE to make changes or call 1-800-252-1166, 651-454-0002 or 811. You may check the facility operator Positive Response by clicking - HERE. TICKET SUMMARY Ticket Number: 193520201 Old Ticket: By: webusr9 Source: WEB Type: BOUNDARY SURVEY Date: 12/18/2019 8:43 AM �ijpompany Information A36- Company: LOUCKS Type: CONTRACTOR Address: 7200 HEMLOCK LN. MAPLE GROVE, MN 55369 Caller: BRIAN PECHACEK Phone: (763) 204-0101 Contact: BRIAN PECHACEK Phone: (763)204-0101 Company Phone: (763) 204-0101 Company Fax: Email Address: bpechacek@toucksinc.com Work Information State: MN Work Date: 12/26/2019 9:00 AM County: CARVER Work Being Done For: LOUCKS Place: CHANHASSEN Street: 8077 CENTURY BLVD Intersection: WATER TOWER PL Type of Work: LAND SURVEY Explosives: N Tunnel/Bore: N R.O.W.: Y Duration: 2 DAYS Area Marked: No Remarks Information Location of Work: PLEASE MARK THE UTILITIES FOR THE ROW AND PROPERTY. PLEASE MARK THE UTILITIES FOR THE ROW AND PROPERTY. LOUCKS JOB # 17516 FACILITY OPERATORS NOTIFIED Code Company Name Marking Concerns Damage Customer Service CCFIBR01 JAGUAR COMMUNICATIONS (507)219-8081 (507)219-8081 (507)219-8081 CCHNSN01 CITY OF CHANHASSEN (952)227-1300 (952)227-1300 (952)227-1300 CTLMN01 CENTURYLINK - CTLQL (800)778-9140 (800)778-9140 (800)778-9140 • LFTIME01 LIFETIME FITNESS MCICOL01 MCI MINGAS04 CENTER POINT ENERGY MNDCBL01 MEDIACOM MNVAEC01 MINNESOTA VALLEY ELECTRIC WLMTCM01 LEVEL 3 IS NOW CENTURYLINK XCEL05 XCELENERGY (507)219-8081 (800)624-9675 (608)223-2014 (800)778-9140 (952)492-8210 (877)366-8344 (800)848-7558 (507)219-8081 (800)624-9675 (612)321-5200 (845)443-2840 (952)492-8255 (877)366-8344 (888)968-9235 (507)219-8081 (800)624-9675 (612)321-4421 (845)443-2840 (952)492-8210 (877)366-8344 (800)895-4999 EXCAVATOR RESPONSIBILITIES. NO excavation whatsoever can be conducted on this ticket. It is your responsibility to determine which facility operators have responded to the ticket. For questions concerning facility operator responses to your ticket contact them directly via their phone number on the ticket. Unless otherwise agreed to between the land surveyor and facility operator, the facility operator shall locate and mark their underground facilities within 96 hours of the locate request or the time specified on the ticket, whichever is later, excluding weekends and holidays. Inspect the excavation area for private facilities that are not marked with a call to Gopher State One Call. Examples of private facilities are gas line to a grill, electric line to a garage and a sprinkler system. You are responsible to determine their existence and location prior to excavating. More information about private facilities can be found at private facilities. 2 CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 12/13/2019 11:48 AM Receipt No. 00426895 CLERK: dwashburn PAYEE: Zion Investments LLC 7014 Willow Creek Rd Eden Prairie MN 55344- Easement vacation 8077 Century Blvd ------------------------------------------------------- Use & Variance 300.00 Recording Fees 100.00 GIS List 18.00 Total Cash Check 7120 Change 418.00 0.00 418.00 0.00 w COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANHASSFN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 / APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: U Z —1 G` PC Date: CC Date. 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD... ..... ..... _ $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: l— thousand square feet) 'Include number of existing employees: 'Include number of new employees: ❑ Residential Districts. ........................................ $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds(2lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)* 'Additional escrow may be required for other applications through the development contract. ❑� Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address ( 6 addresses) [71 Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑� Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑� Easements ( easements) ❑ Deeds TOTAL FEE: $418,00 Section 2: Required r r Description of Proposal: Vacation of existing drainage & utility easements on the parcel. Dedication of proposed typical drainage & utility easements along property lines and covering the Bluff Creek Overlay District. Property Address or Location: 8077 Century Boulevard Chanhassen, MN 55317 Parcel #: 250680020 p Legal Description: Lot 2, Block 1, Arboretum Business Park 7th Addition Total Acreage: 5.23 Wetlands Present? ® Yes ❑ No Present Zoning: Planned Unit Development (PUD) Present Land Use Designation: Office/Industrial Existing Use of Property: Undeveloped ❑Check box if separate narrative is attached. Requested Zoning: Planned Unit Development (PUD) Requested Land Use Designation: Office/Industrial OwnerSection 3: Property APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Zion Investments, LLC Contact: Cory Watkins Address: 7014 Willow Creek Road Phone: (612) 834-1225 City/State/Zip: Eden Paine, MN 55344 Cell: Email: cwatkins@ccipower.com Fax: Signature: Date: ( Z'1 This application must be completeV4p,4ull and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Loucks Contact: Trevor Gruys Address: 7200 Hemlock Lane, Suite 300 Phone: (763) 496-6706 City/State/Zip: Maple Grove, MN 55369 Cell: (952) 334-7593 Email: tgruys@loucksinc.com Fax: Section 4: Notification Information Who should receive copies of staff reports? `Other Contact Information: ❑ Property Owner Via: ❑� Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑� Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM 1 S, a 6ffi E � e iM s z h y 4 _J � I 1 I \ \Z I 441q.N _- I AA`` V +69BL.7 _ 3 n c a V qq .- Y z OV K A V A N J Y g A p •L A 1 a N S m V Lm « O p q C�� m � O A V ✓� p w" E _ az It %^ 2A aro�W mr °u &•' °u m 6m Sv'"ia� � m F « Oo EN �®a min qqr � yN �, � m � t C t Oz�� 1°f c $�oo�SAooVy`S TiL a' °m$nm�aymE v n 3 totem �m01 RQ Z._ RCO. mmEL m C3 a.m.s ma Ernr,« mn e' U- u m m u m m Z m d m m m m o1 m�_1p _Y0Ua O 5iQ� i ac E2OE 9m-0c J. F E9vi Ov 0ocg0tN a Zc C F C Q 0 11Wo4 We'YJtlA 1W53iL5LlS1"!i • PlA3ANf15\tlltl(7 (](Itl7\9lSCl\C IOZ\�M CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/13/2019 11:48 AM Receipt No. 00426895 CLERK: dwashburn PAYEE: Zion Investments LLC 7014 Willow Creek Rd Eden Prairie MN 55344- Easement vacation 8077 Century Blvd ------------------------------------------------------- Use & Variance 300.00 Recording Fees 100.00 GIS List 18.00 Total Cash Check 7120 Change 418.00 0.00 418.00 0.00 0 DID NOT PROCEED WITH VACATION OF D&U EASEMENTS DATE DJUNE24,2019 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on June 6, 2019, 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 Vacation of Public Drainage and Utility Easements, Control Concepts, Planning Case No. 2019-04 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim Me sen, Deputy Cler Subscribed and s orn to before me this day of 2019. Notary Public SCilNNEC 6 JEAN M STECKLING Notary pwyo.Mhnesata rN Ooze 200 im 31. W2- Vt't CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 24, 2019 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements located at 8077 Century Boulevard, legally described as follows: 8 All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7Tu ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, Lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the following described line: Commencing at the southwest comer of said lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West, thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. EXHIBIT ....mow.."...: m4. 9zLOUCKS All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on June 13 & 20, 2019) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE June 24, 2019 RESOLUTION NO: 2019-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of easements for drainage and utility purposes as legally described in the attached Exhibit A ("Easements"); and WHEREAS, in conjunction with the lot line adjustment for the property in which the Easements are located, new drainage and utility easement will be provided; and WHEREAS, it was determined by the City Council that the Easements are no longer needed for public purposes. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The Easements are hereby vacated, conditioned upon recording the lot line adjustment for Lot 2, Block 1, Arboretum Business Park r Addition ("Property"), and the easement required as a condition of site plan approval for the Property. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 3. The Clerk shall forthwith transmit a certified duplicate of this Resolution to the County Auditor and County Recorder for recording simultaneous with the documents approving the lot line adjustment and the easements required for site plan approval of the Property. PASSED AND ADOPTED by the Chanhassen City Council this 24a' day of June, 2019. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT EXHIBIT A Legal Description of Easements to be Vacated All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, Lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the following described line: Commencing at the southwest corner of said lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West, thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. PIN TAX NAME 250680020 ZION INVESTMENTS LLC 250750020 BOERGER BUILDING LLC 250680010 MAMAC PROPERTIES LLC 250750030 CENTURY 2000 PARTNERS LLP 250750060 BALL RANCH CO LLC 250740010 COEUR TERRA LLP TAX -ADD _L1 7014 WILLOW CREEK RD 2860 WATERTOWER PL 8189 CENTURY BLVD 3610 HIGHWAY 101 S 1850 LAKE DR W 7801 PARK DR STE F TAX_ADD_L2 EDEN PRAIRIE CHANHASSEN CHANHASSEN WAYZATA CHANHASSEN CHANHASSEN TAX-ADD-1-3 MN 55344- MN 55317-8004 MN 55317-8002 MN 55391-3424 MN 55317-8585 MN 55317-9219 SHAPE 8077 CENTURY BLVD 2860 WATER TOWER PL 8189 CENTURY BLVD 7920 CENTURY CT 2885 WATER TOWER PL 8085 CENTURY BLVD • • Pc 19- oy CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 24, 2019 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements located at 8077 Century Boulevard, legally described as follows: All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, Lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the following described line: Commencing at the southwest corner of said lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West, thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on June 13 & June 20, 2019) gAeng\vacations\control concepts pc 19-04\control concepts ph notice to paper.docx • .] DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION August 1. 2018 All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. SCANNEE DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION August 1. 2018 All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DESCRIPTION OF PROPERTY SURVEYED (Per Schedule A of the Commitment for Title Insurance issued by Commercial Partners Title, LLC, as agent for Chicago Title Insurance Company, File No. 54247, effective date March 21, 2018.) Lot 2, Block 1, Arboretum Business Park 7th Addition, according to the recorded plat thereof, Carver County, Minnesota. Abstract and Torrens Property DESCRIPTION OF PARCEL A That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying west, south, southwest and west of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DESCRIPTION OF PARCEL B That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying east, north, northeast and east of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. CITY OF CHANHASSEN RECEIVED MAY 0 3 2019 CHANHA.SSFN w ANNIM rmr DESCRIPTION OF PROPERTY SURVEYED (Per Schedule A of the Commitment for Title Insurance issued by Commercial Partners Title, LLC, as agent for Chicago Title Insurance Company, File No. 54247, effective date March 21, 2018.) Lot 2, Block 1, Arboretum Business Park 7th Addition, according to the recorded plat thereof, Carver County, Minnesota. Abstract and Torrens Property DESCRIPTION OF PARCEL A That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying west, south, southwest and west of the following described line: Commencing atthe southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DESCRIPTION OF PARCEL B That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying east, north, northeast and east of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. CITY OF CHANHASSEN RECEIVED r;avra - M',;,t A 3 2019 "Vi v Lil PMING DEFT I _ate 14 ^c \ \ � , ~? / !I, � --= f 2 g b , �' ! M ! )Klf @��l,;! k� !! e�� a!;3: �r.. &S f7)!«f } \$!f�!!|c "� !� � `G . ! D!!;� !f Q R-'°•! §|% G®2 @~�; o;-= !.!Q- !, Co _ - �q �. ...,=l.0;F | R� � );|�i�� )!k\�} " Jl2�l | •a |_- , ._�#;m|r2�n:�tl.~=.�; ,y «e R l--,g!- & ,! ^ 44/ / | 9 OS � ) ,« y / w e x // \ §�$) ! 2 }|\§ }�7ƒ5 \ ) G�=|� 2�! % a, § k�{ $ --oo / ! g;; -0 |! ;|e�,,|! % ;|0 ■ / / - \ 15�� } / / +k ®§l,� = a r!• . _ p m}!�| t Q /! �! R{! d \ , \N) 3}l�;t| &! \ ■ ;ma!! �. . . . ! & ■ \ / r „a eM1 m11M1 W12 z m I w; IIIa sS 1 Ih _ I I � I I I � I \O \ l �yhh.. Y688L.7 _- Yv�V i gr� f c 5c'-g ry`oyamP mme :9 ccc pcm,It ai S'Z: Yr n 5g w Y3 w O $ m Z K �aNs a -a m m `2 mom$ Z y^as E m 3 0• E c E 9 e� 1117 1 `9 aF `m $E�SYyN mvmoorva uiq �O;i Zm ��p m° ., cod ° � `, Y '�ze„ Q.�.P �uE_$mm� omm«a@mc.qo+ /y �' m 5 cp Emm �p �+tvvvm3 c 9 n �V O \ V pom 00 E GOQ Jy u 5 om EgNmm mArvo '.° O on rnZ w mxx m 9 m w u 1 xi 8 qZ Ems° a�c�cE«p3mc4��f_ �J aZ cs v5 tg wma5 °vop°„mmarmm 9.1 gs .°. i°n 0301W53-9 t5C t5\sml!4 \w45 E^�P U3Nif15\tl1tl0 OOVJ\915L 1\L tOZ\� EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED (Per Schedule A of the Commitment for Title Insurance issued by Commercial Partners Title, LLC, as agent for Chicago Title Insurance Company, File No. 54247, effective date March 21, 2018.) Lot 2, Block 1, Arboretum Business Park 7th Addition, according to the recorded plat thereof, Carver County, Minnesota. Abstract and Torrents Property DESCRIPTION OF PARCEL A • That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying west, south, southwest and west of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DESCRIPTION OF PARCEL B That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying east, north, northeast and east of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a • radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet W a north line of said Lot 2 and said line there terminating. 1 n.mry Men or w.. DRAM BY: Nfl5 PR0.ECT NUMBER: 175I6 ■ L O �� PLANNING or v,.... ...teen on M mq, d by mn r rod Is, my E, tot,M.Im.ri hot, .m s ewe ur.mee c.na su,..lw u.ea. ,n. I.w d 0 SUBMITTAL CIVIL ENGINEERING LAND SURVEYING ,M Stm nl mmeseA,,.. / 09 Ot le MOT ISSUED 72M Hemlock Lane, Suite 300 Maple Grove, MN 55369 LANDSCAPE ARCHITECTURE F� k1u �.Anbkn..Nns 763.424,5505 ENVIRONMENTAL License No. 48988 www.loucksinccom .r. Date W/01/18 SHEETS 1 nP 2 SCANNED 1x lf� 0 �] , _ 1;,; �------ U!!!i Q !! � § ■ E■ ae__NIJ_�P __<__m ; COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — Market Boulevard CITY OF CHANHASSEN Mailing Address — P0. .O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 1 Fax: (952) 227-1110 0 APPLICATION FOR DEVELOPMENT REVIEW f JJ� Submittal Dates,,,__ PC Date: 4' r-I (� CC Dale. ,k / 60-Day Review Date. .• . .r (Refer o the appropriate Application Checklist for required suemiftal information that must accompany this application) ❑ Comprehensive Plan Amendment ........................ $600 [I Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less .............. ....................... $300 0 Conditional Use Permit (CUP) Previously Paid ❑ Create over 3 lots... -" lots $600 + $15 per lot ❑ Single -Family Residence ................................ $325 ❑ Metes & Bounds (2 lot .,.............................$300 Z All Others ............................ ..... $425 ..................... ❑ Consolidate Lots..............................................$150 ❑ Interim Use Permit (IUP) ❑v Lot Line Adjustment_, ..................... ......... $150 ❑ In conjunction with Single -Family Residence..$325 El Final Plat..__.._ .............................. ................. $700 EJ All Others......................................................... $425 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑v Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD_............... $100 (Additional recording fees may apply) ElAllOthers. ....................................................... $500 ❑ Variance (VAR) ................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) Site Plan Review SPR .............. $150 ( ) ❑ Single -Family Residence ................. ❑ Administrative_...._._.......................................$100 ❑ All Others ,...._................................... ........... .$275 Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: ❑ Zoning Appeal ..................................................... $100 (54.852 thousand square feet) 'Include number or xistin employees: 44 ❑ Zoning Ordinance Amendment (ZOA)................. $500 ^Include number of new employees: --WF— ❑ Residential Districts ..,...... ... _._.................. $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit ( units) the appropriate fee shall be charged for each application. ❑� Notification Sign (City to install and remove) ._ ................................................... ... $200 ........................................................... ❑ Property Owners' List within 500' (City to generate after pre -application meeting) _.., PTV.ipl Paid $3 per address ❑v Escrow for Recording Documents (check all that a I Prevousl Paid addresses) PP Y)..................Yrm'!'......,—� ...................... $SO per document 0 Conditional Use Permit Previously Paid ❑ Interim Use Permit �O Site Plan Agreement Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 doss.) ❑ Easements ( 2 easements) ❑ Deeds TOTAL FEE: $1,550 00 Description of Proposal Proposing construction of new 54,852 sf officelindustrial building with warehouse. Property Address or Location: 8077 Century Blvd Parcel # 25,0680020 Legal Description: Refer to attached ALTA survey Total Acreage. 5.20 Wetlands Present? 21 Yes ❑ No Present Zoning. Planned Unit Development (PUD) Requested Zoning: Not Applicable Present Land Use Designation Office/Industrial Requested Land Use Designation: Not Applicable Existing Use of Property Vacant CITY OF CHANHASSEN ❑Check box if separate narrative is attached SC&4NEL CHANWHN PLANNING DEPT APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner. I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Bauer Design Build Contact: Michael LaQua Address: 14030 21 st Avenue N Phone: (763) 999-7217 City/State/Zip: Plymouth, MN 55447 Cell (612) 597-3739 Email: mike.I@bauerdb.co Fax. (763) 972-8707 Date: 5-1-1 s Signature: PROPEI�Pf ER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etcwith an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Zion Investments. LLC Contact. Cory Watkins Address: 7014 Willow Creek Road Phone: (952) 474-6200 City/State/Zip Eden Prairie MN 55344 Cell. (612) 834-1225 Email: atkins@ccipower.com Fax: Signature: Date: S 9 This application must be completed i no must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Loucks Inc Contact TREVOR GRUYS, PE Address: 7200 Hemlock Lane, Suite #300 Phone: (763) 496-6706 City/State/Zip: Maple Grove, MN 55369 Cell. (952) 334-7593 Email: tgruys@loucksinc.corn Fax Section 4: Notification Information - Who should receive copies of staff reports? 'Other Contact Information: ❑� Property Owner Via: Email ❑ Mailed Paper Copy Name. Patrick L Schneider ❑� Applicant Via: Email ❑ Mailed Paper Copy Address: 5810 West 78th Street Suite 150 0 Engineer Via 0 Email ❑ Mailed Paper Copy City/State/Zip Minneapolis MN 55439 Other Via: Email ❑ Mailed Paper Copy Email: PatrickSCNcalhouncommercial.com INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM ( SUBMIT FORM EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED (Per Schedule A of the Commitment for Title Insurance issued by Commercial Partners Title, LLC, as agent for Chicago Title Insurance Company, File No. 54247, effective date March 21, 2018.) Lot 2, Block 1, Arboretum Business Park 7th Addition, according to the recorded plat thereof, Carver County, Minnesota. Abstract and Torrens Property DESCRIPTION OF PARCEL A That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying west, south, southwest and west of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DESCRIPTION OF PARCEL B That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying east, north, northeast and east of the following described line: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of 546.74 feet to the point of beginning of the line to be described; thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and said line there terminating. DRAWN BY: NRS PROJECT NUMBER: 17516 I I hereby certify that this survey, plan or report was / ' / ` prepared y me or under my direct supervision and that SUBMITTAL ■ ■ L O U `�.I'R`J PLANNING I am a duly licensed land Surveyor under the laws of l CIVIL ENGINEERING LAND SURVEYING the State of Minnesota. 08/01/18 EXHIBIT ISSUED 7200 Hemlock Lane, Suite 300 Maple Grove, MN55369 LANDSCAPE ARCHITECTURE MaStanlslowskl- PLSStanislowskiLS �a 763-424.5505 ENVIRONMENTAL License No. 48988 www.loucksinc.com ems• Date 08/01/18 SHEETS 1 OF 2 r EXHIBIT B I I80 I 11 L/ L/ 11 L- I ♦/ I I SW Caner o/ Lot 2, Block r ' rl I DRAWN BY: NRS PROJECT NUMBER: 11010 I hereby certify that this survey, plan or report was Lo ^' / r prepared y me or under my iresupervision and that 2 SUBMITTAL Q 60 120 ■ ■ lv RJ PLANNING l under the laws of I am a duly Ucensed Land surveyor 08/O1/18 EXHIBIT ISSUED CIVIL ENGINEERING the State of MinnesAota. LAND SURVEYING �• A 7200 Hemlock Lane, Suite 300 LANDSCAPE ARCHITECTURE 0- Max L Stanislowski PLS SCALE IN FEET Maple Grove, MN 55369 ENVIRONMENTAL - License No. 48988 763.424.5505 w .loucksinc.com ome Date 08/01/18 -f �iai'dw_ SHEETS 2 OF 2 EXHIBIT DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION August 1, 2018 All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as dedicated in ° ARBORETUM BUSINESS PARK, Carver County, Minnesota, lying within said Lot 2, Block 1, except the north 5 feet, west 10 feet a /' and south 5 feet thereof lying west of the following described line: J Commencing at the southwest corner of J said Lot 2; thence on an assumed bearing 10 00 / South 89 degrees 32 minutes 15 seconds O' / East along the south line of said Lot 2, a I46 / distance of 546.74 feet to the point of `A / beginning of the line to be described; �V / thence North 00 degrees 27 minutes 45 seconds East 280.88 feet; thence North 89 �1 h / degrees 32 minutes 15 seconds West 49.31 A / feet; thence northwesterly 99.88 feet along p / a non -tangential curve concave to the V / southwest, having a radius of 129.00 feet, a y / central angle of 44 degrees 21 minutes 42 seconds and a chord that bears North 62 h ` degrees 28 minutes 43 seconds West; If r thence North 00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line of said Lot 2 and I. said line there terminating. Y•� Y . ' r't t_r .•:0 M-1 la ail ��..i , k I �.h 1D�OQ r .'O.� ��.�.�.�.�.�.p�p.�.�.�p� si�ip'�i�i�i`i • �i�i�i `i .�............ea.�.......♦ •♦ Oi� •:. • '� : o ♦ i`i°i.i��i`i`i°i i0`i`i`i`i`i`i�c�i ' •.............�i�i!:.!`i!'�4i.�s`s!s`s!`a`i`i`i 1 31 r m t N r � N I , Drainage and UNity Easement per plot of IDI ARBORErW BUSINESS PARK 7TH ADDITIONS--\ Point o/ B innin e9 9- - — — — — — — — — — — — — — — — — — — — — — — — — — Lam, — — — — — — — — — — — — — — �----- 546.74 N69°32'15eW 699.82 ' South line o/ Lot 2 -/ -Point of Commencement SW Comer of Lot 2, Block I r ►00. Ease pt, �,�1 B BLogpiB•'- P3� r't DRAWN BY: NRS PROJECT NUMBER: 17516 I hereby certify that this survey, plan or report was Lo I ' V C prepared y me or under my direct and that � Drainage and utility SUBMITTAL . s V'\J C PLANNING r under I am a duly Licensed Land Surveyor under the Taws of l easement to be vacated CIVIL ENGINEERING the State of Minnesota. 08/01/18 EXHIBIT ISSUED LAND SURVEYING � — 60 7200 Hemlock Lane, Suite 300 LANDSCAPE ARCHITECTURE Maple Grove, MN55369 ENVIRONMENTAL MaxLStanislowski -PLS _ 763.424.5505 License No. 48988= w .loucksinc.com eF. Date 08/01/18 SCALE IN FEET • • • EXHIBIT DRAINAGE AND UTILITY EASEMENT DESCRIPTION August 1, 2018 That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying 10 feet west, south, southwest and west of the following described line: r, L_ ILl / h< /-A N Line of Lot 2 — — _ — _ _ — — _ — _ — _ — — _ — — 292.21 Commencing at the southwest corner of / said Lot 2; thence on an assumed bearing / South 89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a V distance of 546.74 feet to the paint of / beginning of the line to be described; thence North 00 degrees 27 minutes 45 V / Q �� seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds West 49.31 feet; thence northwesterly 99.88 feet along fh 6A a non -tangential curve concave to the J southwest, having a radius of 129.00 feet, a C �O central angle of 44 degrees 21 minutes 42 Q� / Ci seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West; p / thence North 00 degrees 12 minutes 17 V I seconds East, not tangent to said curve, d I 29.14 feet to a north line of said Lot 2 and °j I said line there terminating. I ` Except the north and south 5 feet thereof. ■ LOUCKS 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com I !; Y , I L` Droinoge and t6ity Easement per plot of ARBORETLAII BUSYNESS PARK 77H ADDITION- I� \ `-Point of Commencement SW Comer of Lot 2, Block I PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL a." c� Y , Y 1 0,9 lIZ59 N0012'17'E '1'e 29.14 A� y 2BT 9p 1. N89032'15'W 49.31 54674 Point ofBeginning -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ , N89°32'15'W 699.82 South line of Lot 1-r ,1 jj Y, r^ 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. 0/ �•. Max L Stanislowski - PLS License No. 48988 Date 08/01/18 DRAWN BY: Drainage and utility SUBMITTAL J easement to be vacated 08/Ot/18 0 60 SCALE IN FEET Ssj\34 1 ` La r'1 ' r'\ \Y � n L rY 153.08 a- /Y a ISSUED PROJECT NUMBER: 17516 P SA DRAINAGE AND UTILITY EASEMENT DESCRIPTION August 1, 2018 That part of Lot 2, Block 1, ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota, lying east, north, northeast and east of the following described line: Commencing at the southwest corner of / said Lot 2; thence on an assumed bearing / South 89 degrees 32 minutes 15 seconds / East along the south line of said Lot 2, a J� distance of 546.74 feet to the point of / beginning of the line to be described; thence North 00 degrees 27 minutes 45 / seconds East 280.88 feet; thence North 89 �O' degrees 32 minutes 15 seconds West 49.31 (' r feet; thence northwesterly 99.88 feet along a non -tangential curve concave to the `6 J southwest, having a radius of 129.00 feet, a C �O central angle of 44 degrees 21 minutes 42 qj C seconds and a chord that bears North 62 ory degrees 28 minutes 43 seconds West; b thence North 00 degrees 12 minutes 17 V seconds East, not tangent to said curve, y 29.14 feet to a north line of said Lot 2 and rd said line there terminating. r� I'\ \_I -----------29221---------- N0012'17 E - 29.14 Drainage and Utility Easement per plot of ARBORETW BUSINESS PARK 7TH ADDITION — — — — — — — — — — — — — — — �-Point of Commencement SW Caner of Lot 2, Block I A N Line of Lot 2 YY, \_I r� r— • r� Ss�- Lito. Z)f F' yam. 9j ,Q � zjir CBS C A)'40 �� \ r N89 32'l5'W z La W N \r A\ 2 546.74 Point of Beginning — — — — — — — — — — — — — — — — — — — — — — N89e32'l5eW 699.82 , South line of Lot 2_� li r� I` Y DRAWN BY: NRS PROJECT NUMBER: 17516 I hereby certify that this survey, plan w report was Lo I ' C KC and utility SUBMITTAL Prepared by me or under my direct supervision and that i—r��/� easement Surveyor laws /�/�� eOSerrlent t0 be vacated ■ ■ V'R` J PLANNING I am a dulyLicensed Land under the of 08/Ol/18 EXHIBIT ISSUED CIVIL ENGINEERING LAND SURVEYING the State of Minnesota. %I� 0 60 7200 Hemlock Lane, Suite 300 LANDSCAPE ARCHITECTURE • = Maple Grove, MN55369 ENVIRONMENTAL Me.L.Stanislowskl -PLS 48988 763.424.5505 License No. www.loucksinc.com n=. _ Date 08/01/18 SCALE IN FEET Non -Scannable Item Item -Folder Folder Job Number )- o ? ;, Box Number t' �l