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CAS-36_PINEHURST (4)0 STATE OF MINNESOTA 1614WRINVALONNYW0 :1 In the Matter of the Application of: Plowshares Development, LLC, a Minnesota Limited Liability Company to Register Title to Certain Land. TO THE JUDGES OF THE ABOVE NAMED COURT.• DISTRICT COURT FIRST JUDICIAL DISTRICT File No. APPLICATION The applicant hereby makes application to have the title to the land hereinafter described registered. A. NAME OF CO -APPLICANTS: Plowshares Development, LLC Applicant is a limited liability company Organized under the laws of the State of Minnesota Address: 1851 Lake Drive West, Suite 550, Chanhassen, Minnesota 55317 County of Carver State of Minnesota Application is made on behalf of the applicant by Todd Sunning acting in capacity of Chief Manager Address: 1851 Lake Drive West, Suite 550, Chanhassen, Minnesota 55317 County of Carver State of Minnesota U.S. Home Corporation Applicant is a Organized under the laws of the State of Delaware Address: 935_Wavzata Boulevard, Wayzata, Minnesota 55391 County of Hennepin State of Minnesota Application is made on behalf of the applicant by Marc Anderson acting in capacity of D ; v. 51 o � Pres: AA Address: 935 Wayzata Boulevard, Wayzata, Minnesota 55391 County of Hennepin State of Minnesota City of Chanhassen Applicant is a municipal corporation Organized under the laws of the State of Minnesota Address: 7700 Market Boulevard, P.O. 147, Chanhassen, Minnesota 55317 County of Carver State Application is made on behalf of the applicant by acting in capacity of 0 C VM it • Address: 7700 Market Boulevard, P.O. 147, Chanhassen, Minnesota 55317 County of Carver State of Minnesota B. ATTORNEY FOR CO -APPLICANTS: Thomas F. Alexander, Esq./Larkin Hoffman Daly & Lindgren Ltd. Address: 1500 Wells Fargo Plaza, 7900 Xerxes Avenue South Minneapolis, MN 55431 Phone Number: (952) 896-3375 Attorney Registration No.: 247935 C. DESCRIPTION OF THE LAND, SITUATED IN CARVER COUNTY, MINNESOTA, IS AS FOLLOWS: Lots 1 through 27, Block 1, Lots 1 through 8, Block 2, Lots 1 through 8, Block 3, Outlot A and Outlot B, Pinehurst D. ESTATE OR INTEREST CLAIMED THEREIN BY THE CO -APPLICANTS IS IN FEE SIMPLE, E. THE LAND IS OCCUPIED. Name P.O. Address Claim Plowshares Development, see above Fee Title to Lots 1 through 27, LLC Block 1, Lots 1 through 7, Block 2, Lots 1 through 8, Block 3, Pinehurst U.S. Home Corporation see above Fee Title to Lot 8, Block 2, Pinehurst City of Chanhassen see above Fee Title to Outlot A and Outlot B, Pinehurst F. LIENS OR INTERESTS IN THE LAND, RECORDED OR UNRECORDED WHICH THE CO -APPLICANTS RECOGNIZE AS ENCUMBERING THE LAND, and which co -applicants consent to remaining as encumbrances against the land following the registration: Name of Interested Party Nature and Amount Recording Data (if recordedl Lakeland Construction Finance, Mortgages, subject to Partial Mortgage Doc. Nos. 412058 LLC Release of Outlot A and Outlot B, 412059; Partial Release Doc, and Partial Release of Lot 8, A419433; Partial Release Doc Block 2 City of Chanhassen Platted drainage and utility Plat of Pinehurst Doc. No. A41 easements City of Chanhassen Public Trail Easement Doc. No. A419435 City of Chanhassen Development Contract Doc. No. A419431 Plowshares Development, LLC and Retaining Wall Encroachment Doc. No. A419436 the To -Be -Created Homeowners Agreement dated April 21, 2005 Association (over Outlot B) 2. 0 0 Name of Interested Partv Nature and Amount Recording Data (if recorded Plowshares Development, LLC and Retaining Walls Encroachment Doc. No. A419437 the To -Be -Created Homeowners Agreement dated July 13, 2005 Association (over platted drainage and utility easements) Plowshares Development, LLC and Declaration of Easements for Doc. No. A419438 the To -Be -Created Homeowners Driveway and Parking Purposes Association Plowshares Development, LLC and Declaration of Easements for Doc. No. A419440 the To -Be -Created Homeowners Monument Sign Purposes Association Riley Purgatory Bluff Creek Declaration of Restrictive Covenant Doc. No. A419439 Watershed District G. LIENS OR INTERESTS, RECORDED OR UNRECORDED, FOR WHICH THE CO -APPLICANTS SEEK A DETERMINATION TERMINATING OR MODIFYING THE INTEREST: All liens and interests, except those set forth in Paragraph F above, including without limitation the following interests: Name of Interested Partv: (i) State of Minnesota (ii) Applicants, James W. Wilson, Sam J. Mancino and Nancy K. Mancino (iii) City of Chanhassen (iv) Mortgage Electronic Registration Systems, Inc./American Mortgage Network, Inc. (v) Xcel Energy, Inc. Nature and Amount: (i) Certificate of Location of Government Comer (ii) Easement for Driveway (iii) Permanent Easement for Public Trailway (iv) Mortgage (v) Easement for utility, power line and transmission line purposes Recording Data (if recorded): (i) Book M of Miscellaneous Page 318 (ii) Document No. 88865 (iii) Document Nos. A235890 and A235775 (iv) Document No. A343624 (v) Book 57 of Deeds page 524 Reason for the Requested Relief: (i) Pursuant to the survey, the lot corner identified does not lie within the limits of the property being registered. 3. (ii) Plowshares Development, LLC, purchased both of the underlying benefited and the burdened parcels, both of which are completely encompassed within the plat of Pinehurst. (iii) Completely encompassed within the right of way for County Road 117 dedicated in the plat of Pinehurst. (iv) Mortgage was granted by the Defendant (Tungseth) on February 21, 2003 over all of the Defendant's former legal description, but was granted after the Court Order entered on November 29, 2000 in connection with Carver County District Court File No. CX -99-1759, pursuant to which the District Court determined that the portion of that legal description which is included within the plat of Pinehurst was actually owned by the predecessor in title (Ronning) to Plowshares Development, LLC. Therefore, Defendant (Tungseth) could not have granted a mortgage over property such party did not own. (v) Easement was vacated by the City of Chanhassen by Resolution 2005-41 dated April 11, 2005 (recorded as Document No. A419428) which was recorded on July 25, 2005 (after the plat of Pinehurst), and pursuant to such resolution the easements were replaced by platted drainage and utility easements dedicated in such plat. H. OTHER DEFECTS IN THE CO -APPLICANT'S TITLE AND A REASON FOR CURING THE DEFECT: City required Plowshares Development, LLC to incorporate certain "no man's" land into the Plat of Pinehurst. The "no man's" land is the southerly approximately 5 feet of: (i) Lots 17 through 20, Block 2; (ii) Lots 4 through 8, Block 3; and (iii) Outlot B, and it was not included within (A) the underlying plat known as Old Slocum Tree Farm, nor (B) the previously platted developments (Woodridge Heights, Woodbridge Heights Second Addition, and Woodridge Heights Third Addition) and appears to have no owner of record or otherwise. L CO -APPLICANTS HAVE MADE A DUE AND DILIGENT SEARCH FOR THE ADDRESS OF ANY PERSON HEREIN STATED AS UNKNOWN. J. CO -APPLICANTS DO NOT DESIRE TO FIX AND ESTABLISH THE BOUNDARY LINES OF THE LAND. The names and post office addresses of all the owners of adjoining lands in any manner affected by an establishment of boundary lines are: Name Address Not Applicable Not Applicable Wherefore the co -applicants pray the court to find that the co -applicants have a title in the land proper for registration, to make and file a decree confirming the same, and to order the Registrar of Titles to register the same, and to grant such other and further relief as shall be according to equity. PLOWSSHAARRE,S\ VELOPMENT, LLC By: �\ t� f Todd Simning, Chief Manager U.S. HqME COTION By: MA Anderson (Print Name) Its: 4. CITY OF C EN By: CeV1q.,AT (Print Name) Its: STATE OF MINNESOTA ) ss.) COUNTY OF GR.rVe tr ) Todd Simning being duly sworn, says he is the Chief Manager of the limited liability company above named; that he knows the facts and contents set forth in the foregoing application; that the statements therein are true of his own knowledge, save as to such as are therein stated on information and belief, and that as to those he believes them to be true; and that said application was signed by him on behalf of said company by authority of its Members. Subscribed and sworn to before me this 21!?day of Amtul 2005. TARYRMARE NOVAq( // . �� NOUN --- NOTARY PIlBUC-AnWFSOTA ./�__ wcoMMM"M Notary Nblic My Commission Expires: I -? I -7,Ai STATE OF MINNESOTA ) ss.) COUNTY OF nl Marc Anderson being duly sworn, says he/she is theDWMM & o the corporation above named; that he/she knows the facts and contents set forth in the foregoing application; that the statements therein are true of his/her own knowledge, save as to such as are therein stated on information and belief, and that as to those he/she believes them to be true; and that said application was signed by him/her on behalf of said corporation by authority of the corporation. Subscribed and sworn to before me this sZ My Commission Expires: 1131 ID} STATE OF MINNESOTA ) ss.) COUNTY OF �-AMAE ✓ ) W-of M�M pip pop CAROLE L TOOHEY NOTARY PUBLIC • MRMIESOTA My CmM *sim E)#m JM. 31.2W7 TDD CSE Q HkKDT being duly sworn, says he/she is the of the municipal corporation above named; that he/she knows the facts and contents set forth §6 the forego g application; that the statements therein are true of his/her own knowledge, save as to such as are therein stated on information and belief, and that as to those he/she believes them to be true; and that said application was signed by him/her on behalf of said municipal corporation by authority of the corporation. Subscribed and sworn to before me this Jj day of�: G.— '2005. My Commission Expires: a KAREN J. ENGEWARDT Notary PUbpc-M WW8Ota Co�Y 1 Fs Jan 21. 2010 5. G\»;11111 D117:V`111117 To)1131 EXAMINER OF TITLES Examiner/Deputy Examiner THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 1023497.2 1:ol Is 07,'29,2005 13:34 FAX LC710 y CHANHASSEN MAIN la001/002 CAMPBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651)452-5550 FAX TRANSMITTAL DATE: July 29, 2005 PLEASE IMMEDIATELY DELIVER THE FOLLOWING PAGE(S) TO: NAME: Alyson Morris Chanhassen - Engineering NAME: Bob Generous Chanhassen - Planning SENDER: SUE NELSON Chanhassen City Attorney's Office FAX NO. (952) 227-1170 FAX NO. (952) 227-1110 TOTAL NUMBER OF PAGES: 2 (INCLUDING COVER PAGE). IF YOUDO NOT RECEIVE ALL PAGES, PLEASE CALL SUE NELSONAT (651) 234-6222. RE: PINEIIURST (Plowshares Development, LLC) COMMENTS: Attached for your files please find copy of confirmation of plat filing. p NOTICE OF CONFIDENTIALITY The information contained in and transmitted with this facsimile is: I. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE; 2. ATTORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the individual or entity designated above. You are hereby notified that any dissemination, distribution, copying or use of or reliance upon the information contained in or transmitted with this facsimile by ar to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this facsimile in error. please notify CAMPBELL KNUTSON BY TELEPHONE AT (651) 452-5000IMMEDIATELY. Any facsimile erroneously transmitted to you should be immediately returned to the sender by U,S. Mail or, if authorimtion is granted by sender, destroyed. SCANNED 07/29/2005 13:35 FAX LC710 40 • -. CHANHASSEN KAIN 11002/002 CAMPBELL KNUTSON ` ProfmionatAssoetarion Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651) 452-5550 FILING OF DOCUMENTS TO: V/ COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign thisform upon assigning document numbers for the documents listed below and return completed form to SUE NELSON at the Chanhassen City Attorney's office at the address shown above. A self-addressed envelope is provided foryour convenience. CLIENT/MATTER: City of Chanhassen—Pinehurst Developer: Plowshares Development, LLC THE FOLLOWING DOCUMENT(S) WERE FILED: Resolution No. 2005-41 Vacating D&U Easements Plat Z Mortgage Consent to Plat from Lakeland 3 Development Contract y Quit Claim Deed to City for Outlots A& B Z Partial Release of Mortgage for Outlots A & B Grant of Trail Easement from ISD No. 276 7 Grant of Trail Easement from Plowshares Z Encroachment Agreement for Outlot B `I Encroachment Agreement for Misc. Lots 10 Declaration of Easements for Driveway/Parking Abstract rmc� Torrens Document No. II Declaration of Restrictive Covenant a—(� J a o'clock A.M&SE on —vZ .J r J `2005, with the County Recorder / Registrar of Titles of Carver County, MN. SIGNED: Thank vou! 119678 • • 0,()y -`_Z& Stormwater Permit Program for Construction Activity Carver County Soil and Water Conservation District doing inspections for the Minnesota Pollution Control Agency Construction Stormwater Program under a Joint Powers Agreement CARVER Stormwater SDi'� AGER Inspection rmistivAnoi NmKr Project Name Pinehurst - CSW In Minnesota CooperationPollution With Control Agency Location NW of the int of Galpin and Lake Lucy Rd Chanhassen Site Identification C00014897 2005 07 25 14 09 Inspection Date Weather Conditions 07/25/05 Partly Cloudy Requirement Inspection Results Corrective Action Site Conditions Semi -Saturated Status MN Rule 7090.2010, sub.3, Permit section IV. B.2: Erosion Control Practices During Construction: Pond side slopes have Compliant required temporary protection or permanent cover within 200' of surface water. MN Rule 7090.2010, sub.3, Permit section IV.B.3: Erosion Control Practices During Construction: Normal wetted Compliant perimeter of temporary or permanent (connected) ditch that drains water is stabilized within 24 hours (200' back from surface water). MN Rule 7090.2010, sub.3, Permit section, IV.B.2: Erosion Control Practices During Construction: Other exposed, Compliant erodable soils with positive slopes have stabilization BMPs that are installed appropriately and functional. MN Rule 7090.2010, sub.3, Permit section 1V.B.4: Erosion Control Practices During Construction: Temporary or Not Applicable permanent energy dissipation present at outlets connected to surface water within 24 hours. MN Rule 7090.2010, sub.3, Permit section IV.C.1: Sediment Control: Adequate control (or minimizing) of sediment discharges (no additional up gradient controls required). [localized] SE corner of project is exposed with steep slopes to a silt fence and established landscaped yards border the project. Sediment is leaving the site from the last rain event. Establish additional upslope controls. Additional sediment controls or temporary stabilization needed on the exposed slopes within 5 days. 1 Of 3 WARNED 0 Requirement Inspection Results Corrective Action 0 Status MN Rule 7090.2010, sub.3, Permit section III.B: Sediment Control: Temporary sedimentation basins (disturbance>10 Compliant acres, or >5 acres near special water areas) present. MN Rule 7090.2010, sub.3, Permit section IV.C.4: Sediment Control: Inlet control BMP(s) present and functional. Not Applicable MN Rule 7090.2010, sub.3, Permit section IV.C.2: Sediment Control: Perimeter controls present down gradient prior to Compliant land disturbing activities. MN Rule 7090.2010, sub.3, Permit section IIID: SWPPP:Stonnwater Pollution Prevention Plan available on-site. Compliant MN Rule 70902010, sub.3, Permit section IIIA: SWPPP:The Stormwater Pollution Prevention Plan adequately Compliant addresses who is responsible on-site, the process for adding BMP(s) when necessary, installation timing or phasing, the potential for discharge to all water resources, dewatering and basin drawdown, and final stabilization. MN Rule 7090.2010, sub.3, Permit section IIIA: SWPPP:The Stormwater Pollution Prevention Plan addresses temporary Compliant sediment basins and includes adequate sizing, design to prevent short-circuiting, removal of floating debris, drawdown allowance, energy dissipation, and emergency spillways. MN Rule 7090.2010, sub.3, Permit section IIIA: SWPPP:The Stormwater Pollution Prevention Plan includes a permanent Compliant stormwater system(s), the system meets the requirements for treatment for wet sediment basins, infiltration/filtration, regional ponds, and combination of practices, and the method has MPCA approval. MN Rule 7090.2010, sub. 3, Permit section IIIA: SWPPP:The Stormwater Pollution Prevention Plan meets all other Compliant requirements not identified as specific inspection items. MN Rule 7090.2010, sub.3, Permit Section IV E. 1: Inspections: Performed required inspections/maintenance (1 per 7 Compliant days or 24 hours of 0.5 precipitation). MN Rule 7090.2010, sub.3, Permit section IV E. 1: Inspections: Inspections/maintenance documentation met all requirements (date, name findings, corrective actions, rainfall, changes to SWPPP). Compliant MN Rule 7090.2010, sub.3, Permit section IV.E.4: Maintenance: Erosion and sediment control BMP(s) functional (needs Non -Compliant no repair, replacement or enhancement). [localized] Silt fence maintenance needed in the ravine area; silt fence has been undermined and has needed maintenance for weeks. Enhance / maintain silt fence with a rock weeper immediately. 2 Of 3 0 Requirement Inspection Results Corrective Action Status MN Rule 7090.2010, sub.3, Permit section IV.E.4.b: Maintenance: Temporary sedimentation basin maintenance Non -Compliant performed (removed sediment>half basin volume). Temporary sediment basin along the south area of site has been graded to take the temporary outlet off line. Re-establish temporary outlet for the basin within 48 hours. An EOF is needed for the basin within 48 hours as well. MN Rule 7090.2010, sub.3, Permit section IV.E.4.c: Maintenance: Sediment deposits in ditches or surface waters Compliant removed. MN Rule 7090.2010, sub.3, Permit section IV.E.4.d: Maintenance: No sediment tracking on paved surfaces at exits. Both site exits have sediment tracking from them onto Galpin and residential street. Scrap and sweep streets by the end of the work day (within 4 hours) and re-establish rock exits within 24 hours. MN Rule 7090.2010, sub.3, Permit section III.C: Stormwater Management: Required to have stormwater management Compliant method and method is in place. MN Rule 7090.2010, sub.3, Permit section III.C: Stormwater Management: Pretreatment required and in place. Compliant MN Rule 7090.2010, sub.3, Permit section IV -D.2: Stormwater Management (site hydrology): Discharging (dewatering) Compliant activity, is compliant. MN Rule 7090.2010, sub.3, Permit section III C, Minn. R 7050. 0210, subp.2: Stormwater Management (site hydrology): Compliant No turbid discharges to surface waters or discharges causing erosion off site. MN Rule 7090.2010, sub.3, Permit section III C & IV.D.2: Stormwater Management (site hydrology): No wetland impacts Non -Compliant or surface water impacts. [localized]Water undermining SF and impacting waterway off site Enhance SF W1 rock weeper within 24 hours General Comments 3 Of 3 L 0 CITY OF CHANHASSEN CARVER AND HIINNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Plowshares Development, LLC for a Rezoning, Preliminary Plat with Variances — Pinehurst. Planning Case No. 04-36 On December 7, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Plowshares Development, LLC for rezoning property from Rural Residential, RR, to Single -Family Residential, RSF, preliminary plat approval for 43 lots, two outlots and right-of-way for public streets with variances for the use of private streets. The Planning Commission conducted a public hearing on the proposed rezoning and subdivision with variances preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided in the Land Use Plan for Residential — Low Density. 3. The legal description of the property is: Lots 1 & 2, Old Slocum Tree Farm 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, including meeting the net density goal of 1.2 to 4.0 units per acre with a net density of 1.85 units per acre, development within the Metropolitan Urban Service Area, residential low density development in appropriate area in a manner that reinforces the character and integrity of existing single family neighborhoods, providing adequate internal street linkages, and the preservation of natural resources. b. The proposed use is compatible with the present and future land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance, subject to the granting of the setback variances to appropriate lots for tree preservation purposes. d. The proposed use will not tend to or actually depreciate the area in which it is proposed, but should enhance the residential character of the area. SCANNED 0 0 e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; C. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant environmental damage; L The proposed subdivision will not conflict with easements of record, but will dedicate all required easements; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 6. In order to permit private streets, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. Extension of a public street to serve the six homes on the west end of the site would significantly impact an environmental area on the property - 2 0 0 b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Public streets are not necessary to access the property to the west, which is currently developed with single-family homes and accessed via Brenden Court. C. The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. The use of limited private streets preserves approximately 2.8 acres of woodlands. 7. VARIANCE FINDINGS — PRIVATE STREET a. The hardship is not a mere inconvenience, but provides a means for preserving natural features on site. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. C. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. 8. The planning report #04-36 dated December 7, 2004, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the rezoning and preliminary plat with a variance for private streets. ADOPTED by the Chanhassen Planning Commission this 7th day of December, 2004. CHII�SS�r =P�7SION BY: Its Chairman gAplan\2004 planning cases\04-36 - pinehuntVindings of fact pinchunt.doc 0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CITY OF CHA NSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.11 DO Fax: 952.227.1110 Building Inspections Phone: 952.227.1100 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www achanhasseo.mn.us 0 December 9, 2005 9 To: Wetland Conservation Act Commenting Agency Re: Delinquent Notice of Decision Documentation Dear Commenting Agency: The City of Chanhassen recently discovered an oversight in properly noticing the following Wetland Conservation Act (WCA) decisions: 1) Pinehurst, Date of Decision: March 14, 2005. 2) Boyer Lake Minnewashta, Date of Decision: September 23, 2002. 3) Lake Lucy Ridge, Date of Decision: May 28, 2002. 4) BC7 & BC8, Date of Decision: May 14, 2001. We apologize for the delay in providing these documents and will work to ensure that future WCA documents are delivered in a timely manner. If you have any questions oi• concerns on the enclosed Notice of Decisions please contact me by phone at (952) 227-1135 or by email at lhaak@ci.chanhassen.nm.us. Regards, CITY OF CHANHASSEN Lori Haak Water Resources Coordinator VANNEO The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Name and Address of Local Government Unit: City of Chanhassen, 7700 Market Boulevard P.O. Box 147, Chanhassen, MN 55317 Name of Applicant: Plowshares Development Project Name: Pinehurst Application Number: 04-36 Type of Application (check one): Date of Decision: March 14, 2005 ❑ Exemption Decision ® No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision ❑ Wetland Type/Boundary Decision Check One: ❑ Approved ® Approved with conditions (see note on page 2 regarding use of wetland banking credits) ❑ Denied Summary of Project/Decision (indicate exemption number per MN Rule 8420.0122, if applicable):A fou - three lot subdivision with three wetlands located on site No impacts are proposed with the subdivision See Attached Findines and Conclusions for details of decision. List of Addressees: Landowner: Plowshares Development, LLC 1851 Lake Drive West, Suite 550 Chanhassen, MN 55317 Members of Technical Evaluation Panel: Greg Graczyk, Carver Soil and Water Conservation District Brad Wozney, Board of Water and Soil Resources Watershed District or Watershed Management Organization (If Applicable): Bob Obermeyer, Riley -Purgatory -Bluff Creek Watershed District Department of Natural Resources Regional Office (select a ro riate office): DNR TEP Representative (if different than above) Julie Ekman, Area Hydrologist NW Region: NE Region: Central Region: Southem Region: Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol Reg. Env. Assess. Ecol. 2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services Div. Ecol. Services Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Grand Rapids, MN 55744 St. Paul, bIId 55106 New Ulm, MN 56073 - Page 1 of 2 Pinehurst Notice of Decision 092805 8/19/05 0 Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATIN: CO -R, 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who requested a copy, summary only n/a You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLYAPPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands. LOCAL 9OVERNMPNT 12/9/2005 Pignature Date Lori Haak, Water Resources Coordinator Name and Title - Page 2 of 2 Pinehurst Notice of Decision 092805 8/19/05 0 FINDINGS AND CONCLUSIONS City of Chanhassen 7700 Market Boulevard • P.O. Box 147 • Chanhassen, MN 55317 Name of Applicant: Plowshares Development, LLC. Project Location: NE of Lake Lucy Rd and Galpin Blvd (CR 117) Intersection Type of Application (check one): ❑ Delineation Decision ❑ Exemption Decision 0 No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision Date of Decision: January 10, 2005 Findings and Conclusions 1. All Wetlands on site are proposed to remain intact. 2. On September January 10, 2005 the Chanhassen City Council approved the Preliminary Plat for the Pinehurst subdivision with the following conditions. a. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. b. All structures shall maintain a 40 -foot setback from wetland buffer edges. C. The building pad on Lot 9, Block 1 shall be revised to reflect the wetland setback requirements. d. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. e. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: T�ROf .510 ype 1e Time (maximum time an area can remain unvegetated when area is not active) worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. L Daily scraping and sweeping of public streets shall be completed any time construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. g. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. h. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff -Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. CITY OF CHANUASSEN By: Title: Water Resources Coordinator Date: 12/9/2005 0 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter 0 LETTER OF TRANSMITTAL DATE JOB NO. 4/28/05 05-03 ATTENTION Carole Hoeft RE: Pinehurst ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ oq-3(� COPIES DATE NO. DESCRIPTION 1 3/14/05 Signed Full Size Final Plat Mylar 1 4/18/05 Signed Min. Floor Elevation Covenant 1 4/19/05 Signed Private Driveway Easement 1 4/20/05 Receipt of City Admin. fees 1 3/14/05 Signed Development Contract 1 4/21/05 Title Work for property 1 4/12/05 Signed Trail Easement from ISD #276 1 4/19/05 Signed Trail Easement from Plowshares 1 3/14/05 1"=200' scale m lar reduction of the plat 1 4/21/05 Signed Encroachment Agreement 1 4/26/05 Certification of Resolution #2005-41 for Easement Vacation THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here are the items to record for the Pinehurst project. The City has received all of the necessary administration fees and the letter of credit. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner Paul Oehme, City Engineer/Public Works Dir. Nathan Franzen, Plowshares Dev. LLC Dan Remer, Eng. Tech. III SIGNED: #-A Matt Saam` (952) 227-1164 If enclosures are not as noted, kindly notify us at once. {CANNED DECLARATION OF RESTRICTIVE COVENANT (MINIMUM FLOOR ELEVATION THIS DECLARATION OF RESTRICTIVE COVENANT is made effective as of April jtn 2005, by PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company ("the "Declarant'), for the benefit of RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT, a political subdivision under the laws of the State of Minnesota (the "District"). RECITALS A. On February 2, 2005, the District issued Permit #2005-05: Pinehurst — Chanhassen (the "Permit') to Declarant. B. The Permit requires Declarant to file this Declaration of Restrictive Covenant. NOW, THEREFORE, Declarant hereby declares as follows: Restriction. Declarant declares it is the fee owner of the Lots (as hereafter defined) and hereby restricts the title to the property as follows (the "Restriction"): The minimum floor elevation for each of Lots 20 through 23, inclusive, and Lot 27, all in Block 1, Pinehurst, according to the recorded plat thereof on file in Carver County, Minnesota (collectively, the "Lots" and, individually, a "Lot"), shall be constructed above 1030.0 M.S.L., as measured in reference to the National Geodetic Vertical Datum of 1929. 2. Binding Effect; Amendment; Application. The Restriction shall run with the title to the Lots and may not be amended or terminated without the express written consent of the Board of Managers of the District. The Restriction shall apply to any dwelling unit now existing or hereafter constructed on a Lot. No Wells. Declarant hereby certifies that there are no wells located on any of the Lots, except wells that have been sealed in accordance with all applicable laws. 9 4, Authority. Declarant represents that it is the lawful owner of a fee simple interest in the Lots and has all requisite authority to execute this Declaration. IN WITNESS WHEREOF, Declarant hereby makes this Declaration of Restrictive Covenant for minimum floor elevation effective as of the date first written above. STATE OF MINNESOTA COUNTY OF CARVER PLOWSHARES DEVELOPMENT, LLC a Minnesota limited liability company .,, M. Simnmi�g Notayy Public USA MAE FAILSMinnesota :, i0. This instrument was acknowledged before me on the r'�� day of April, 2005, by Todd M. Simning, the Chief Manager of Plowshares Development, LLC, a Minnesota limited liability company, on behalf of the company. 4�. � a 1V lic THIS INSTRUMENT WAS DRAFTED BY: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, MN 55431-1194 (952) 835-3800 (FFA) 1001W.1 DECLARATION OF EASEMENTS FOR DRIVEWAY AND PARIONNG PURPOSES This Declaration of Easements For Driveway and Parking Purposes (the "Declaration") is made as of April 10( , 2005 (the "Effective Date'), by PLOWSHARES DEVELOPMENT, LLC, a limited liability company organized under the laws of the State of Minnesota ("Plowshares"). Statement of Facts A. Plowshares is the owner of certain property located in the City of Chanhassen (the "City"), Carver County, Minnesota, legally described in Exhibit A attached hereto and incorporated herein (the "Property"). B. Plowshares is in the process of developing the Property as 43 single-family residential lots (the "Lots") and two Outlots (collectively, the "Pinehurst'. Plowshares intends to sell all of the Lots to a single home builder and such builder will sell the individual Lots. C. Included as part of Pinehurst are 2 private roads (Amberwood Lane and Alder Way, as depicted in the plat of Pinehurst) D. As a condition to plat approval, the City has required that this Declaration be recorded against the benefited and burdened Lots. NOW, THEREFORE, the Plowshares hereby establishes the following easements pursuant to the terms and conditions set forth herein below: 1.) EASEMENTS. Commencing on the Effective Date, the following easements shall burden and benefit the Lots specifically identified, as follows: (a) Driveway and Parking Easement (Amberwood Lane). Plowshares hereby creates a perpetual right and easement for the non-exclusive use of the portions of Lots 11, 12, 13, 14, 15, 16 and 17, Block 1, Pinehurst (the "Amberwood Lane Burdened Lots"), as legally described and depicted in Exhibit B attached hereto (the "Amberwood Lane Easement'), for the benefit of Lots 14, 15 and 16, Block 1, Pinehurst (the "Amberwood Lane Benefited Lots") for ingress and egress between the Amberwood Lane Benefited Lots and Pinehurst Drive, and for parking in the designated parking spaces located within the Amberwood Lane Easement as depicted in Exhibit B (the "Parking Spaces'). (b) Driveway Easement (Alder Way). Plowshares hereby creates a perpetual right and easement for the non-exclusive use of the portions of Lots 10 and 11, Block 1, Pinehurst (the "Alder Way Burdened Lots"), as legally described and depicted in Exhibit C attached hereto (the "Alder Way Easement"), for the benefit of Lots 9, 10 and 11, Block 1, Pinehurst (the "Alder Way Benefited Lots') for ingress and egress between the Alder Way Benefited Lots and Pinehurst Drive. Hereinafter, (i) the Amberwood Lane Burdened Lots and the Alder Way Burdened Lots shall collectively be referred to as the `Burdened Lots", (ii) the Amberwood Lane Benefited Lots and the Alder Way Benefited Lots shall collectively be referred to as the `Benefited Lots", and (iii) the Amberwood Lane Easement and the Alder Way Easement shall collectively be referred to as the "Easements". Each Burdened Lot, and the rights of the Owners thereof, shall be subject to the rights of the Owners of the respective Benefited Lots to a non-exclusive, appurtenant easement on and over the Burdened Lots for the purposes of maintenance of the common driveways and the Parking Spaces. 2.) PLOWSHARES, BENEFITED LOT OWNERS AND ASSOCIATION OBLIGATIONS. Plowshares shall have the right and the obligation to install utilities, and to construct Amberwood Lane and Alder Way and the Parking Spaces within the respective Easements. The owners of the Amberwood Lane Benefited Lots shall be responsible for the maintenance of Amberwood Lane. The owners of the Alder Way Benefited Lots shall be responsible for the maintenance of Alder Way. If the owners of the respective Benefited Lots fail to maintain their common driveway, the homeowners' association, if any, established for the Property, shall have the right, but not the obligation, to maintain the common driveway and assess the owners of the respective Benefited Lots for the cost of such work. 3.) USE OF EASEMENTS. (a) Generally. In addition to the restrictions on the purpose and uses set forth in Section 1 above, the owners of the respective Benefited Lots shall have equal rights to use their common driveway, and to connect their separate private driveways to the common driveway. There shall be no overnight parking anywhere within the Easements, except within the Parking Spaces. No owner shall use the common driveway in a manner that deprives the other owners of concurrent usage of the common driveway. For example, vehicles shall not be parked along the common driveway in a manner that blocks passage by other vehicles. (b) Utilities and Other Structures. The Easement areas are also subject to a public easement for drainage and utilities as dedicated in the plat of Pinehurst. Therefore, underground utilities and drainage structures may be installed in the Easement areas. However, no structures shall be installed in such areas except the common driveway, separate private driveways connecting to the common driveway, underground utilities and drainage structures. 4.) MAINTENANCE AND REPAIR OF DRIVEWAYS AND PARKING AREAS. (a) Amberwood Lane. The owners of the Amberwood Lane Benefited Lots shall share equally all costs of maintaining the common driveway known as Amberwood Lane. Plowshares (or its successors and assigns following Plowshares sale of the Amberwood 2 Lane Benefited Lots) shall be responsible for maintenance of Amberwood Lane (subject to reimbursement from each of the owners of the Amberwood Lane Benefited Lots) until homes on all of the Amberwood Lane Benefited Lots are occupied; and thereafter, the owners of the Amberwood Lane Benefited Lots shall be responsible for maintenance. The person responsible for maintenance shall pay for the maintenance in the first instance, provided the costs are less than $100, and each of the owners of the Amberwood Lane Benefited Lots shall promptly reimburse that person for their respective share of the maintenance costs. If the costs exceed $100 then the person responsible for maintenance may seek payment directly from each of the owners of the Amberwood Lane Benefited Lots. As security for reimbursement, the person responsible for maintenance shall have a lien against the Amberwood Lane Benefited Lots, which lien may be foreclosed by action or by advertisement as if it were a mortgage with a power of sale. The owners of the Amberwood Lane Benefited Lots may agree in writing to other means of maintaining Amberwood Lane, provided such owners shall not be relieved of their joint responsibility for such maintenance. Any owner of an Amberwood Lane Benefited Lot who is not responsible for arranging an paying for maintenance of Amberwood Lane in the first instance shall have the right and the obligation to maintain Amberwood Lane, if the owner who is responsible fails to maintain Amberwood Lane. (b) Alder Way. The owners of the Alder Way Benefited Lots shall share equally all costs of maintaining the common driveway known as Alder Way . Plowshares (or its successors and assigns following Plowshares sale of the Alder Way Benefited Lots) shall be responsible for maintenance of Alder Way (subject to reimbursement from each of the owners of the Alder Way Benefited Lots) until homes on all of the Alder Way Benefited Lots are occupied; and thereafter the owners of the Alder Way Benefited Lots shall be responsible for maintenance. The person responsible for maintenance shall pay for the maintenance in the first instance, provided the costs are less than $100, and each of the owners of the Alder Way Benefited Lots shall promptly reimburse that person for their respective share of the maintenance costs. If the costs exceed $100 then the person responsible for maintenance may seek payment directly from each of the owners of the Alder Way Benefited Lots. As security for reimbursement, the person responsible for maintenance shall have a lien against the Alder Way Benefited Lots, which Gen may be foreclosed by action or by advertisement as if it were a mortgage with a power of sale. The owners of the Alder Way Benefited Lots may agree in writing to other means of maintaining Alder Way, provided such owners shall not be relieved of their joint responsibility for such maintenance. Any owner of an Alder Way Benefited Lot who is not responsible for arranging an paying for maintenance of Alder Way in the first instance shall have the right and the obligation to maintain Alder Way, if the owner who is responsible fails to maintain Alder Way. (c) Assignment of Maintenance Obligations. The owners of the Amberwood Lane Benefited Lots hereby assign the maintenance responsibilities (but not the obligation to share such costs equally) for Amberwood Lane under this Section 4 to the owners of Lot 14, Block 1, Pinehurst. The owners of the Alder Way Benefited Lots hereby assign the maintenance responsibilities (but not the obligation to share such costs equally) for Alder Way under this Section 4 to the owners of Lot 10, Block 1, Pinehurst. 3 0 (d) Driveway Maintenance. Driveway maintenance shall include, without limitation, the following: removal of snow, ice, leaves and debris from the pavement; repairing, patching, sealing and repaving the pavement; repairing any landscaping damaged during plowing or maintenance of the pavement; and maintaining, repairing and replacing any common utilities within the respective Easement. The driveways shall be swept at least twice per year — in the spring following snowmelt and in the autumn following leaf fall. Snow removed from the pavement shall be stored on the unpaved portions of the respective Benefited Lots and/or Burdened Lots. (e) Maintenance of Separate Driveways. The owners of the respective Benefited Lots shall be separately responsible for maintenance and costs of maintenance of their separate driveways. 5.) INSURANCE. (a) Amberwood Lane. The owners of the Amberwood Lane Benefited Lots shall give their respective insurance agents copies of this Section 5(a), so that adequate insurance can be placed for events occurring upon or arising from the Amberwood Lane Easement. The owners of the Amberwood Lane Benefited Lots shall each carry liability insurance on the Amberwood Lane Easement at least as great as the liability insurance on their homes. All owners of the Amberwood Lane Benefited Lots and Amberwood Lane Burdened Lots shall be named as additional insureds in the liability insurance policies covering the Amberwood Lane Easement. The common driveway and utilities will probably not be insurable against fire and other casualties, but if they can be insured, they must be fully insured by the owners of the Amberwood Lane Benefited Lots. (b) Alder Way. The owners of the Alder Way Benefited Lots shall give their respective insurance agents copies of this Section 5(a), so that adequate insurance can be placed for events occurring upon or arising from the Alder Way Easement. The owners of the Alder Way Benefited Lots shall each carry liability insurance on the Alder Way Easement at least as great as the liability insurance on their homes. All owners of the Alder Wap Benefited Lots and Alder Way Burdened Lots shall be named as additional insureds in the liability insurance policies covering the Alder Way Easement. The common driveway and utilities will probably not be insurable against fire and other casualties, but if they can be insured, they must be fully insured by the owners of the Alder Way Benefited Lots. 6.) ATTORNEYS' FEES. If the owner of a Benefited Lot or a Burdened Lot reasonably incurs costs in order to enforce any provision of this Declaration, the prevailing party shall be reimbursed by the other parties for all reasonable costs so incurred, including reasonable attorneys' fees and costs. For purposes of this Declaration, the phrase "attorneys' fees" shall include reasonable fees charged by paralegals who assist such attorneys. 7.) RUNNING OF BENEFITS AND BURDENS. All provisions of this Declaration shall run with the land and shall inure to the benefit of and be binding upon the owner's of the Benefited Lots and the Burdened Lots and their respective successors and assigns, including any mortgagees or subsequent holders of mortgages. 8.) ENTIRE AGREEMENT AND MODIFICATION. This writing represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Declaration may not be altered or amended except by an agreement in writing signed by all of the owners of the Benefited Lots and the Burdened Lots. 9.) HEADINGS,• E7HIIBITS. The headings of sections in this Declaration are for convenience only; they form no part of this Declaration and shall not affect its interpretation. The Statement of Facts contained herein, and all schedules, exhibits, addenda or attachments referred to herein are incorporated in and constitute a part of this Declaration. 10.) SEVERABILITY. If any provision of this Declaration is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Declaration in all other respects shall remain valid and enforceable. 11.) CONTROLLING LAW. This Declaration shall be governed by and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, Plowshares has executed this Declaration as of the above date. STATE OF MINNESOTA ) ) ss. COUNTY OF ✓e.(1 ) PLOWSHARES 1D� LOPMENT, LLC By: Todd M. Simning FAILS Notary Public Minnesota Ary Con mason Exp rot Jan. 31,2008 The foregoing instrument was acknowledged before me on April _6, 2005, by Todd M. Sunning, the Cjp',o� t`nenne r of PLOWSHARES DEVELOPMENT, LLC, a limited liability company organized au der tile laws of the State of Minnesota, on behalf of the company. THIS INSTRUMENT WAS DRAFPED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Mirmesota 55431 (952) 835-3800 1003881.1 F -,C ff A TO DECLARATION OF EASEMENTS FOR DRIVEWAY AND PARKING PURPOSES Legal Description of Property: Lots 1 through 27, Block 1, Pinehurst Lots 1 through 8, Block 2, Pinehurst Lots 1 through 8, Block 3, Pinehurst Outlots A and B, Pinehurst A-1 E2lMIT B TO DECLARATION OF EASEMENTS FOR DRIVEWAY AND PARKING PURPOSES Legal Description and Diagram of Amberwood Lane Easements: [attach diagram here] FBI E , Eur, b;+ I 3 it rit DRIVEWAY EASEMENT 12 NFv ri ivI 0 A permanent easement for driveway purposes or ,, under and across that part of Lot 11 Block 1, P/NEHURST, according to the recorded plot thereof, Caro County, Minnesota lying northeasterly of a line para/le/ with and 26.00 feet southwestedy of the northeasterly line of said Lot 11. TOGETHER W7H That part of Lot 17, Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying southwesterly of a lime parallel with and 3.78 feet northeasterly of the southwesterly line of said Lot 77. if ". wkxaaa �5¢�Fic r 1 0 ] nr 3/6/06 PHgEHURST stretch Ar Deampeoa mw,aswsoswa 0 Ex41 614- n —91i /� 12 e ,z. 5 '6,00" _0" , , hl og r ,1.. fq \ 15 0 DRIVEWAY EASEMENT A permanent easement for driveway purposes over, under and across that port of Lot 12, Block 1, RNEHURST, according to the recorded plat thereof, Conor County, Minnesota lying southwesterly of the following described lhw commencing of the southeast comer of said Lot 12,• thence North 56 degrees 55 minutes 18 seconds East, assumed bearing, along the southeasterly line of said Lot 12 a distance of 4.59 feet to the point of beginning of the line to be described, thence North 62 degrees 32 minutes 06 seconds West 40..24 feet to the westerly line of said Lot 12, and said line there terminoting. it I". xlesYwoadsa�.a� PINSHURSI' !v! Z oP ] m* 4/6/05 Sketch do Deacripton� e,C1A;6;4- "B It 10 I in 12 `GS M e4p'hn � N ORI LEWAY EASEMENT eooar 1, PNNEHURST, FcUXNYER iALL'UN1' // INNESO A permanent easement for driveway purposes over, under and across that part of Lot 1J, Block 1, P/NEHURST, according to the recorded plot thereof, Carver County, Minnesota lying southeosteAy of a line parallel with and 14.00 feet northwesterly of the southeasterly line of said Lot 13. TOGETHER WTH That part of said Lot 1J lying southwesterly of the following described line, X commencing at the southwest coma- of said Lot 13 thence North 56 degrees A 55 minutes 18 seconds East, assumed bearing, along the northwesterly line of `pl! said Lot 13 o distance of 4.59 feet to the point of beginning of the line to be described, thence South 62 degrees 32 minutes 06 seconds East 86.13 to the southeasterly line of said Lot 13, and said line there terminating. r rw 1 0 1 or f/6N5 I W NRaiwood Rdr9®el5ev.[q tiG Cb." 9C Sl1 ..1y, m+ipto 6.oNC I A 0 0 fx[4"6;+ 1t 911 I J1.02 -- NJ} zJ•It E\ 1A 12 14 G DMMM'AY rya, EA -10"T �in • / N X DRIVEWAY EASEMENT A permanent easement for driveway purposes over, under and across that port of Lot 14, Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota /ging northerly, northeasterly and easterly of a line described as follows, commencing at the most northerly common comer between said Lot 14 and Lot 15, Block 1, PINEHURST,' i thence South 27 degrees 27 minutes 54 seconds West, assumed bearing, oong the east line of said Lot 14, common with Lot 15 a distance of 34.00 feet to the point of g beginning of the Ione to be described, thence North 62 degrees 32 minutes 06 seconds ip West 18$6 feet-, thence northwesterly 66.27 feet along a tangential cure concave to the northeast, having a radius of 40.00 feet and a central angle of 94 degrees 55 minutes 20 seconds; thence North 32 degrees 23 minutes 14 seconds East tangent to said curve 34.02 feet to the common comer of said Lot 14, Lot 10 and Lot 11, Block 1, PINEHURST { and there terminating. 5 Vkstvlooditokn dial+a k. E M n 12 I 1$ BLS '1 NNEIR/ Silt" ry GW4ER ry MMN£SOiA. • N °l 25 Gjq OF -- LOT CORNER � 14 I5, BCaOr I. rs P� DRIVEWAY EASEMENT eA permanent easement for drim"y purposes over, under and ooross y that part of lot 15, Block 1, RINEHUR51, according to the recorded plat thereof, Caner County, Minnesota lying northeasterly of a line drawn from point 34.00 feet southerly of the northwest comer of said Lot 15 as measured long the west line of said Lot 15 to o point X 30.00 feet southedy of northeast comer of said Lot 15 as measured F along the east line of said lot 15 and there terminating. v sre 1 ow 1 o.s 4/6/O5 P94EHURgr Sketch do crumm, am.a ar��, lames �Pton fXWI06�L4p)p�e r 11 exk;b;+ 11 gt/ 12 13"Mar am \ PIM�T, CAR \ LYMMff. MM9 OTA \ / DRIVEWAY EASEMENT A permanent easement for driveway purposes over, under and across that part of Lot 16, Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying northerly of a line described as follows, commencing at the northeast comer of said Lot 16, thence South 02 degrees 05 minutes 18 seconds East, assumed bearing, along the east line of said Lot 16, 18.66 feet to the point of beginning of the line to be described, thence South 56 degrees 55 minutes 18 if seconds West 12.49 feet; thence westerly 89.82 along a tangential curve concave to the north having a radius of 85.00 feet and central angle of 60 degrees 32 minutes 36 seconds to the west Aloe of said Lot 16 and there terminating. 0 ". Westwood PidF�alSevirpi Y¢ ; ee.82 I n a_ea y�15 � mN �4 0� 16 00 i=y NO W� DRIVEWAY EASEMENT A permanent easement for driveway purposes over, under and across that part of Lot 16, Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying northerly of a line described as follows, commencing at the northeast comer of said Lot 16, thence South 02 degrees 05 minutes 18 seconds East, assumed bearing, along the east line of said Lot 16, 18.66 feet to the point of beginning of the line to be described, thence South 56 degrees 55 minutes 18 if seconds West 12.49 feet; thence westerly 89.82 along a tangential curve concave to the north having a radius of 85.00 feet and central angle of 60 degrees 32 minutes 36 seconds to the west Aloe of said Lot 16 and there terminating. 0 ". Westwood PidF�alSevirpi Y¢ 15 „el Fxl,;b�} 12 DRIVEWAY EASEMENT 0\' -,ME PARA MIM la ANO 16.00 5(x/MEASIERLY n NpPMNES 11NE a- LOT 17 II A permanent easement for driveway purposes over, under and across that part of Lot 17, Block i, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying northwesterly of a line parallel with and 16.00 feet southeasterly or the northwesterly line of said Lot 17. IVJadvA od Pldefael Samac ". In I or I ver 4/6/05 Sketch & Desaipton o.� 0 0 FIAT C TO DECLARATION OF EASEMENTS FOR DRIVEWAY AND PARKING PURPOSES Legal Description and Diagram of Alder Way Easement: [attach diagram here] C-1 0 0 n 0 RIVEWAY EASEMENT 12 EK A permanent easement for driveway purposes over, under and across that part of Lot 10, Block 1, PINEHURST, according to the recorded plot thereof, Conor County, Minnesota lying northeasterly of a line parallel with and 30.00 feet southwesterly of the northeasterly line of Lot 11, Block 1, PINEHURST as extended to the northwesterly line of sold Lot 10. if }} s 1 or 1 2 yr V6M6 PH4EHUR`iT Sketch k I ". Mk�l.uaaPdr�dSewe;Yc OeYw�. Gere mw.g, leosolr Deempbn za�m.cca.oc I J E 0 C f q,, 4 DRIVEWAY EASEMENT t. E,(,'6,-+ G 12 0 0 A permanent easement far driveway purposes over, under and across that part of Lot 11 Block 1, PINEHURST, according to the recorded plat thereof, Caner County, Minnesota Vag northeasterly of a line parallel with and 26.00 feet southwesterly of the northeasterly line of said Lot 11. 110PVIV X711171 That pmt of Lot 11, Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying southwesterly of a line parallel with and 3.78 feet northeasterly of the southwesterly line of said Lot 11. jr ae 1 ar ] o.r 4/6/05 PMEHURST sketch & I ", ,Nctwaad PdISevca,hc. � �y, Mwa � CITY OF CHANHASSEN . 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: LAKELAND CONSTRUCTION FINANCE Date: 04/20/2005 Time: 1:59pm Receipt Number: DW / 6062 Clerk: DANIELLE ADMIN FEES 05-03 PINEHURST ITEM REFERENCE AMOUNT ------------------------------------------- ADMFE ADMIN FEES 05-03 PINEHURST 2.5% OF PUB IMP 25,000.00 1.5% OF PUB IMP 12,727.00 FINAL PLAT 450.00 RECORD FEES 150.00 PARK FEES 164,000.00 SWMP FEES 75,534.00 STREET LIGHTING 2,700.00 GIS FEES 475.00 Total: --------------- 281,036.00 Check 116077 281,036.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! 0 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA PINEHURST DEVELOPMENT CONTRACT (Developer Installed Improvements) 0 SPECIAL PROVISIONS TABLE OF CONTENTS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEMENTS........................................................................................................SP-2 5. TIME OF PERFORMANCE.........................................................................................SP-2 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 S. OTHER SPECIAL CONDITIONS................................................................................SP-3 9. GENERALCONDITIONS............................................................................................SP-6 GENERAL CONDITIONS 1. RIGHT TO PROCEED .................................................................................................GC-1 2. PHASED DEVELOPMENT.........................................................................................GC-1 3. PRELIMINARY PLAT STATUS................................................................................GC-1 4. CHANGES IN OFFICIAL CONTROLS......................................................................GC-1 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION CONTROL........................................................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING....................................................................................................................GC-2 9. CLEAN UP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS........................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOT PLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES..................:.............................................................................G C-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSEPADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS.................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-6 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 I 0 0 E. Severability .......................................................................................................GC-7 F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance...........................................................................................................GC-7 J. Remedies...........................................................................................................GC-7 K. Assignability.....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Storm Sewer Maintenance................................................................................GC-8 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations......................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions.................................................................................................GC-9 V. Soil Correction..................................................................................................GC-9 W. Haul Routes.........................................................................................................GC-10 KDevelopment Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-10 li 0 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) PINEHURST SPECIAL PROVISIONS AGREEMENT dated March 14, 2005 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for PINEHURST (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved March 14, 2005, prepared by Westwood Professional Services, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated February 21, 2005, prepared by Westwood Professional Services, Inc. Plan C: Plans and Specifications for Improvements dated February 21, 2005, prepared by Westwood Professional Services, Inc. Plan D: Landscape Plan dated February 21, 2005, prepared by Westwood Professional Services, Inc. SP -1 0 0 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration R Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $2,119,180. The amount of the security was calculated as 110% of the following: Site Grading/Restoration $ 494,889.00 Sanitary Sewer $ 217,447.00 Watermain $ 140,024.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 272,060.00 Streets $ 541,497.00 Street lights and signs $ 5,700.00 Erosion control $ 55,896.00 Engineering, surveying, and inspection $ 120,926.00 Landscaping $ 78,089.00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 926 SP -2 0 0 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Todd Sunning Plowshares Development, LLC 1851 Lake Drive West, #550 Chanhassen, MN 55317 952-361-0832 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $2,119,180 and pay an administration fee of $281,036. B. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. C. Setbacks on Lots 9, 10, 11, 14, 15 and 16, Block Ishall be a minimum of 20 feet from the back of the private street. D. The developer is donating Outlots A and B to the City. E. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. F. All structures shall maintain a 40 -foot setback from wetland buffer edges. SP -3 G. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. H. Daily scraping and sweeping of public streets shall be completed any time construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. I. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. J. Based on the proposed developed area of 23.68 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $75,533.87. K. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff -Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase lI Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. L. A minimum of two overstory trees shall be required in the front yard of each lot. The landscape plan shall include a minimum of 260 trees. A final revised plan must be submitted to the City for approval. M. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. N. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. SP -4 rI u O. Tree preservation on site shall be according to tree preservation plans dated 02/21/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. P. The applicant will be required to meet the existing site runoff rates for 10 -year and 100 - year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. In addition, the proposed ponding must be sized to accommodate the drainage generated from the property to the north, as shown in the City's Surface Water Management Plan (SWMP). Q. The storm sewer must be designed for a 10 -year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. R. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. S. On the grading plan: Maximum allowable side slope is 3:1; revise in the rear yard of Lot 3, Block 2. T. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City building department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. U. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain. The total 2005 Lake Ann Interceptor charge is $2,270 per unit and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council and are due at the time of building permit issuance. At that time, the property owner may choose to pay the fees in full or have them specially assessed against the lot. V. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. W. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. X. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. Y. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in SP -5 0 0 the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Z. Lot 27 is approved with the following conditions: 1. A drainage and utility easement shall be dedicated over the entire width of the swale on the northwest side of the buildable area on Lot 27, Block 1. No structures shall be allowed within this drainage and utility easement, with the exception of the retaining wall shown on the approved grading plan. 2. To ensure proper drainage, a survey shall be required for Lot 27, Block 1 upon completion of the landscaping. The survey shall be submitted to the City and reviewed by staff to ensure consistency between final grades and the approved grading plan. If discrepancies exist, any inconsistent areas shall be re -graded to match the approved grading plan. Additionally, any property owners should anticipate flowing and/or standing water within the swale on the northwest side of the property (Lot 27, Block 1). This may preclude mowing of the swale during times of above average precipitation. AA. A 30 -foot wide private easement, cross -access and maintenance agreement must also be submitted for the private street. BB. Full park fees shall be collected at the rate in force at the time of final plat. CC. The private streets must be built to a 7 -ton design and enclosed within a 30 -foot private easement. The developer will be required to submit inspection/testing reports from an independent geotechnical firm certifying that the street is built to a 7 -ton design." 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 0 (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) 0 CITY OF CHANHASSEN BY: Thomas A- Furlong, Mayor a AND: 64 L �, Todd Gerhardt, City Manager PLOWSHARES DEVELOPMENT, LLC: BY:� Todd Sinning, Chief Manager The foregoing instrument was acknowledged before me this 2b1' day of 2005, by Thomas A. Furlong Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted b its �},,, KAREN J. EN6ELHpRDT n Notary Public -Minnesota r y cow A°'a" si. 2010 N AR UBLIC STATE OF MINNESOTA) gft USA MAE FAILS (ss. Notary public COUNTY OF Larvo r) Minnesota IdyCMWkSiMFViresJam 31, 2008 The foregoing instrtunent was acknowledged before me this day of 4Q r , f 2005, by Todd Simnin¢. Chief Manager of Plowshares Development. LLC, a Minnesota I company, on behalf of the compan DRAFTED BY: City of Chanhassen 7700 Market Boulevard 0 EXHIBIT "A" 0 TO DEVELOPMENT CONTRACT LEGAL DESCR]P'IION OF SUBJECT PROPERTY: Lot 2, Block 1, OLD SLOCUM TREE FARM, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. WE Lot 1, Block 1, OLD SLOCUM TREE FARM, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. That part of the following described property: That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range 23 West described as follows: Commencing at a point on the South line thereof distant 1056.5 feet East of the Southwest comer thereof, thence East along the South line thereof 231.5 feet; thence North 2 degrees 55 minutes West a distance of 219.5 feet; thence South 84 degrees West 86.6 feet; thence South 87 degrees 15 minutes West a distance of 138 feet; thence South a distance of 204.7 feet to the point of beginning. Which lies south of a line and its extension drawn from a point on the East line of the above described property a distance of 6.8 feet North of the Southeast corner of the above described property to a point on the West line of the above described property a distance of 8.2 feet North of the Southwest corner of the above described property. D That part of the following described property: That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the southwest comer of said Northwest Quarter; thence easterly along the south line of said Northwest Quarter, on an assumed bearing of South 87 degrees 12 minutes 20 seconds East, a distance of 2,136.74 feet to the point of beginning of the parcel to be described; thence easterly on an extension of the last described line a distance of 261.22 feet; thence North 02 degrees 47 minutes 40 seconds East a distance of 204.82 feet to a point hereafter call Point A; thence North 83 degrees 40 minutes 20 seconds West a distance of 197.60 feet to a point hereafter called Point B; thence South 02 No 0 0 degrees 47 minutes 40 seconds West a distance of 40.0 feet; thence South 40 degrees 08 minutes 28 seconds West a distance of 105.50 feet; thence South 02 degrees 47 minutes 40 seconds West a distance of 93.13 feet to the point of the beginning and there terminating. Which lies south of a line and its extensions drawn from a point on the east line of the above described property a distance of 8.2 feet north of the southeast corner of the above described property to a point on the west line of the above described property a distance of 7.2 feet north of the southwest corner of the above described property, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. That part of the Northeast Quarter of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota lying north of the north line of WOODRIDGE HEIGHTS, WOODRIDGE HEIGHTS 2ND ADDITION and WOODRIDGE HEIGHTS 3rd AMMON and south of OLD SLOCUM TREE FARM, according to the recorded plats thereof Carver County, Minnesota. SP -9 9 0 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT Lakeland Construction Finance LLC which holds a mortgage on the subject property, the development of which is governed by the foregomg Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this 15}h day of ✓ ; 1 2005. LAytJ&yIJ COv,6+,,,tJr'm r:nance� LLC STATE OF MINNESOTA ) COUNTY OF CafVtf ) ( ss. The foregoing instrument was acknowledged before me this —&! ay ofYI I 2005, by V1JAMIEL.ZA L.. [Y\illPCIC NOTARY PUB Y PUBLIC -MIN NOTA W*W6 eFa' WJMLJt,2�Ny.n.+n DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 , of (Name of Bank) 11 , b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M. Its SP -11 0 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" Lluwl- ' I IZI ►1-1. 1i►1.`1 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent GC -1 agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineers design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 20-94. GC -2 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (21h) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of GC -3 • incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is eighteen (18) months following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street GC4 0 0 light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2rh%) of construction costs for the first $1,000,000 and one and one-half percent (Ph%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 20E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees GC -5 9 for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and constriction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. GC -6 0 0 C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or GC -7 hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations Aa site development and construction must cease for seven (7) cakndar days M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC -8 0 0 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are fust provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the. plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. WatershedDistrict(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City GC -9 issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAR 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both Axf & .tif format (the Axf file must be tied to the current county coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif format. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Rev. 3/31/04 GC -10 '14/21/2005 14:15 E FAX TRANSMITTAL 0 Ho. e92 D01 CARVER COUNTY ABSTRACTQTWC0„INC. 411 CHESTNUTSTREET PO BOX 108 CHASKA, MINNESOTA 55318 PHONE NO.: (852) 448.5570 FAX NO.: (952) 448.5155 Seed to- Matt Seam Chi of Ckaske From: LORI A. HUSS ❑ Ipdeord®-gaRnliek net REFERENCE: 24435 and 23950 Date: Apd 21, 2005 0 3:00 PM Descfiptlon: TWO work Please review Faz Number (952) 227-1110 ------------- Phoae Number. 952 -44B -557D ❑ Urgent ❑ Reply ASAP ❑ Please comment ❑ Please review X For your Information Total pages, Including cover. 11 Comments: Matt, The following Is being forwarded to you At the request of Nathan Franzen of Plowshares Development, LLC 1'1 a and the fonowtng to eoturevitona with ON above tVf9M ce4 rtari sone; O 1Nartted-up Teh Comrnlpntpt (CA 7413eJRonetpg- Ptowthern nevewpmeut, LLC) O ALTA 1997 Uwner'e Poncy (CA 1395NM-cpw-plowowo Devdopmcnt L,,C) Itym have etU qupWau rva"'dbti the folbwt to treRunteslot4 ptc r do not hnaate 10 CAR Mme a great dry, Lori If you rhoatd c>rperkttee my dtfflruay with thio ltanemheWn, pteAee cmdecl Carve County AMlract and Thk. The mefetiah cAntnacd whh t� ulterwk ir�tantwlon arc pMvme” conadentle) and are the property of Ow eenden T1w WermWon eontahnod ht thh materiel y p7tvileged Nerd td tutendod onto for the nee of the h,dlvlduct(e) or a Od" stunned ebova fryou on �cc W the terdptem. be advhed prat wry uuvutborl" dleelotarc; cupytgg, dhtrihtrtton or the tatdity of my ovum+ta cotncrde of thh mforrnatba, le rtrictV pruwbutd. Trym have rceefved thh fat"bnac trwrmLAon to error, Ft— tmuudWety uot4 W by Wephoue to arrange for retmw or the rotwtuded doemneau to to 04/21/2005 14:15 . CHICAGO TITLE INSURANCE COMPANY SCHEDUI.L? File Number, CA 24435 Effective Date RE: Plowshares Development LLC I. Owner's Policy to be issued: 1992 OWNERS POLICY Proposed Insured: Plowshares Development, LLC Loan Policy to be issued: Proposed Insured: A vdo" Ae19, 2D04 FJO. 6'92 at 7:00 AM Amount Sff.W i O, oo0 TO Bc Determined Amount LLC --.P 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple and title tbereto is at the effective date hereto vested in: James Ronni.ng and Debra Ronning 3. The land referred to in the Commitment is described as follows: from 3 a9 -D3` See attached Legal Description. ��jl aQS�l ✓n ve f� ce 4-1 Le 0,VmcSL concerning the content of this commitment, please contact Ranaolpn uaway at Note: If you wish to schedule a closing, please contact us at (952) 448-5570. F-14/21/2005 14:15 N0.892 P03 CHICAGO TITLE INSURANCE COMPANY Sebedote A Legal Description Continued Pile Number: CA 24435 NIKOLAI PARCEL That part of the following described property: That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range 23 West described as follows: Commencing at a point on the South line thereof distant 1056.5 feet East of the Southwest corner thereof; thence East along the South line thereof 231.5 feet; thence North 2 degrees 55 minutes West a distance of 219.5 feet then South 84 degrees West 86.6 feet; thence South 87 degrees 15 minutes West a distance of 138 feet; thence South a distance of 204.7 feet to the point of beginning. Which lies south of a line and its extension drawn from a point on the East line of the above described property a distance of 6.8 feet North of the Southeast comer of the above described property to a point on the West line of the above described property a distance of 8.2 feet North of the Southwest corner of the above described property, TUNGSETH PARCEL, That part of the following described property; That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the southwest corner of said Northwest Quarter; thence easterly along the south line of said Northwest Quarter, on an assumed bearin& of South 87 degrees 12 minutes 20 seconds East, a distance of 2,136.74 feet to the point of beginning of the parcel to be described; thence easterly on an extension of the last described line a distance of 261.22 feet; thence North 02 degrees 47 minutes 40 seconds east a distance of 204.82 feet to a point hereafter call Point A; thence North 83 degrees 40 minutes 20 seconds West a distance of 197.60 feet to a point hereafter called Point B; thence South 02 degrees 47 minutes 40 seconds West a distance of 40.0 feet; thence South 40 degrees 08 minutes 28 seconds West a distance of 105.50 feet; thenceSouth 02 degrees 47 minutes 40 seconds West a distance of 93.13 feet to the point of the beginning and there terminating. Which lies south of a line and its extensions drawn from a point on the east line of the above described property a distance of 8.2 feet north of the southeast corner of the above described property to a point on the west line of the above described property a distance of 7.2 feet north of the southwest corner of the above described property, accordrny to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. Abstract. LAG ll 0 C� 3/8B 04/21/2005 14:15 File Number: CA 2443S • N0. 9132 904 CHICAGO T1Ti.E INSURANCE COMPANY SCHEDULE 11 GENERAL. EXCEPTIONS Upon payment of the full consideration to, or for the account of, the grantors ar mortgagors, and recording of the deeds and/or mortgages, the form and execution of which is satisfactory to the Company, the policy or policies will be issued containing exceptions in Schedule B thereof to the following matters (unless the same are disposed of tothe satisfaction of the Company): If an owner's policy is to be issued, the mortgage encumbrance, if any, created as part of the purchase transaction. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. Rights or claims of parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. Easements or claims of easements not shown by the public records. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by public records. Taxes or special assessments which are not shown as existing liens by the public records_ General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties, and costs): (A) Real estate taxes payable in 2005 and thereafter. -- %(D - @ �� 031L Real estate taxes payable in 2004 are $14.00 and are PAID. Base tax $14,00, homestead. Property Identification No. 25-0035400 NOTE: Above tax parcel legal description appears to erroneously recite the SW1/4 of the NWl/4, and should be corrected in the Auditor's Office to "SE 1/4." Note: There are no delinquent taxes of record. Note: 1st half taxes payable on or before May 15th; 2nd .half taxes payable on or before October 15th. (B) Levied or pending assessments, if any. DOW 3/94 04/21/2005 14:15 0 • CIUCAGO TITLE INSURANCE COMPANY Film Number: CA 24435 SCHEDULE B - Exceptions Continued N0.892 Des Anycharges for municipal services (Le., water, sewer, correction of nuisance conditions, etc.) are the responsibility of the parties to this transaction. For information regarding the existence of any such bills, contact the appropriate municipal office. X. WARRANTY DEED from James M, Ronning and Debra D. Ronning, husband and wife �,6vat0 Plowshares Development, ILC conveying land described on Schedule.A. Mortgage dated February 21, 2003 filed March 13, 2003 as Document No, A343624 wAc �,s �; executed by Paul S. Tungseth and Rachelle'fungseth, husband and wife to Mortgage ✓� 7� a� ssq Electronic Registration Systems, Inc. (MERS), acting solely as nominee for American .1Mortgage Network, Inc. in the ori l f N3 -7z MN 5 glna principal amount $128,500.00.hLL ` s NOTE: Above Mortga a purports to encumber portion o subject premises. Contact ��A� R� undersigned examiner or requirements, 3 NOTE: This Commitment covers no land from the Abblett Parcel to the west. Judgment in Court File CX -99-1759 dated November 29, 2000, recites an amicable settlement between the Ronnings' and the Abbletts'. We require that standard form of affidavit, or affidavits, be furnished us at closing. We require Well Disclosure Certificates be completed intyped form prior to closing and furnished at time of closing for all deeds which require a Certificate of Real Estate Value OR the deed must contain the following statement: 'The seller certifies that the seller does not know of any wells on the described real property." 15. County Road No. 117 over and along easterly boundary. 16 Permanent easement for public trailway to City of Chanhassen by Doris L Nikolai dated September 10, 1998 filed October 1, 1998 as Document No. A235775. Rights of the public, the County of Carver, the State of Minnesota and other ernmentaI entities, in and to that part of premises in question, if any, taken or used for road purposes. P-, c�ec sres M�"/ 04/21/2005 14:15 • i CHICAGO TITLE INSURANCE COMPANY ND -E'42 i�N6 File Number, CA 24435SCHEDULE B - Exceptions Continued U` Note: Identification will be required from all parties required to sign documents at closing. Note: The following is not a part of Schedule H, and is shown for information only. This I will not be included on the final policy. Please be advised that the Tax Reform Act of 1986 requires that the following information be provided at closing: A) Seller's Tax Identification Number or Social Security Number, B) SeAer's full address after the closing. The Abstract of title for the property insured herein has not been received by Carver Coun Abstract and 'I7tle. NOTE: The following is not a pan of Schedule B, and is shown for information only. This will not be included on the final pall�cy This commitment for title insurance is being issued based on a search of the records. The abstract for the property insured herein has not been received by Carver County Abstract and Tide, v(.�'�o CMW 3/m. 94i21i2005 14:15 • • CMCAGO TITLE INSURANCE COMPANY Attached to and forming a part of Title Iusurance Commitment No, CA 24435 ENDORSEMENT NUMBER 1 9J. 892 D'17 Item No. 11 of Schedule H of the above numbered Commitment is hereby deleted, This endorsement is made a part of the commitment ar policy. It is subject to aA the terms of the commitment or policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates and amount of the commitment or policy and prior endorsements are not changed, Authorimd &patcry NrrK: This endorumcar shell not bo valid v binding aAtd muntcrslgncd by an awrha=d signwrory CHICAGO TITLE INSURANCE COMpANy Prutdcut ATTRYD LI ENDGUT 3/W 04/21/2005 14:15 I N0. 892 i7e8 CARVER COUNTY ABSTRACT AND TITLE CO., INC. (952) 448.5570 411 Chestnut Street North Fax (952) 448-5155 Randolph Dawdy P.O. Box 106 David E. Monnen Chaska, MN 55318 March 14,2W5 Plowshares Development, LLC 1851 Lake Drive West #550 Chanhassen, Minnesota 55317 Nathan Franzen RE: Policy Number: - 72106.716982 File Number: CA 23950 Property Address: 6620 (6alpin Boulevard Chanhassen, Minnesota 55317 Dear Plowshares Development, LLC Your Owner's Policy of Title Insurance is enclosed. This is a valuable document and should be. kept in a safe place where it will be readily available. If you later fist your property for sale, call your Broker's attention to your title insurance policy, Since you have an ensting policy, it may be to your advantage to agree to furnish an owner's policy to the new purchaser, in lieu of an abstract of title. Por any future title insurance needs (including refinancing) regarding this property, please contact Carver County Abstract and Title Co., Inc., is order to obtain a re -issue credit. In the event a question concerning the title to your property arises, please contact us as soon as possible. If we can be of any further service, please contact us. Sincerely, Lori A. Huss Carver County Abstract and Title Co., Inc. ckmvn5ps ®4/21/2005 14:15 LJ • AMFRICAN IAND TITLE ASSOCIATION OWNER' S POUcr (10.17-92) Policy No. 72106 - CHICAGO TITLE INSURANCE N0. 892 D99 716982 COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE E AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costa, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Ts P -d by Carver County Abstract & 'Title CQ.i Inc. since 1959 411 Chestnut SacetNoM Chaska, Minnesota 55318 (952)448-5510 • Fan.(952)448-5155 CHICAGO TITLE INSURANCE COMPANY By: PMWM Ity�: hTTFSTT a a1TAn—."'P 1-11n.n-OT 04/21/2005 14:15 • • N0.892 b10 CHICAGO TITLE INSURANCE COMPANY iol y'1Jp MIN �� C Yee <J SCHEDULE A Policy Number 72106.716982 err D A7T T1Anon 13ATE OF POLWY AMOUNT OF INSURANCE CA 7-3950 February 14, 2005 at 1:30 PM �'0�'�'� 1. Name of Insured: Plowshares Development, LLC, a Minnesota limited liability company 2. A fee simple estate in the lead covered by this policyis vested in the insured 3. The land herein described is encumbered by the following mortgage or trust deed, and assignments: Fust Mortgage dated February 11, 2005 filed February 14, 2005 as Document No. A407935, Office of the County Recorder, Carver County, Minnesota, executed by Plowshares Development, LLC to Lakeland Construction Finance, LLC in the original principal amount of $1,50000,00, and the mortgages or trust deeds, if any shown in Schedule B hereof 4. The land referred to in this Policy is described as follows: Lot Two (2), Block One (1), Old Slocum Tree Farm, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. Abstract. Tbic nnliry vali,l nnly if RrbRAuIR R is attnAM, m.ovex area 04i21i2005 14:15 NO. 892 Dil CHICAGO TITLE INSURANCE COMPANY Policy Number 72106-716982 File Number: CA 23950 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costa, attorney fees or e:pensea) which arise by reason of: Real Estate Taxes for the year 2005 and subsequent years. NOTE; Taxes for the year 2004 in the amount of $8,364,00 are paid in full, Property Identification No. 25-5590020, 2. Special assessments hereafter levied, Note; There are no levied or pending assessments now due or payable. 3. Second Mortgage dated February 11, 2005 filed February 14, 2005 as Document No, A407936, Office of the County Recorder, Carver County, Minnesota executed by Plowshares Development, LLC to Lakeland Constriction Finance, LLC in We original principal amount of $5,400,000.00. 4. Subject to drainage and utility easements as shown on plat. 5. Easement for Driveway between lames W, Wilson, single and Sam J. Mancino and Nancy R. Mancino, husband and wife as created in Document No. 88865, dated lune 30, 1987, filed July 21, 1987. 6. Easement for Utilities and Power Lines as provided in Trustee's Deed to Richard Relf dated May 11, 1955, filed May 17, 1955 Book 57 of Deeds Page 524, NOTE: The above exception will be deleted upon consolidation of record title for Lot 1, Block 1, and Lot 2, Block 1, Old Slocum Tree Farm, in Plowshares Development, LLC (reference Carver County Abstract and Title Co., Luc. File CA -23994). 7. Easement for Driveway between James W. Wilson, single and Sam J. Mancino and Nancy K. Mancino, husband and wife as created in Document No. 88865, dated lune 30, 1987 filed July 21, 1987. NOTE: The above exception will be deleted upon consolidation of record title for Lot 1, Block 1, and Lot 2, Block 1, Old Slocum Tree Farm, in Plowshares Development, I.L.C. (Reference Carver County Abstract and Title Co., Inc. File CA -23994.) Countersigned u prize ignatory 0 (Reserved for County Auditor or Treasurer 0 (reserved for GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES THIS GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES is made as of AYSLI I_ 17-- , 2005, by INDEPENDENT SCHOOL DISTRICT NO.Qa&,, an independent school district under the laws of the State of Minnesota ("Grantor"), in favor of the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City') and PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company ("Plowshares"). RECITALS A. Grantor is the owner in fee simple of real property in the County of Carver, Minnesota, which is legally described on Exhibit A attached hereto (the "Grantor Tract"). B. Plowshares owns certain real property adjacent to the Grantor Tract, which Plowshares intends to develop as a single-family residential development known as Pinehurst. C. As a requirement of the approvals of Pinehurst, the City required Plowshares to make a public trail connection between the Grantor Tract and Pinehurst. D. Plowshares and the City desire to use a portion of the Grantor Tract to complete such connection. 0 0 NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor: 1. Permanent Easement - Grantor hereby grants to the City, its successors and assigns, a permanent easement (the "Permanent Easemenf) for public trail purposes over, under, upon and across that portion of the Grantor Tract legally described and depicted in Exhibit B attached hereto as the "permanent trail easement". The Permanent Easement shall permanently run with the title to the Grantor Tract and shall inure to the benefit of and be binding upon Grantor and the City and their respective hens, successors and assigns, including, but without limitation all subsequent owners of the Grantor Tract and all persons claiming under Grantor. 2. Temporary Easement - Grantor hereby grants to Plowshares, its successors and assigns, a temporary grading and construction easement (the "Temporary Easemenf) over, under and across those portions of the Grantor Tract, as described and depicted in Exhibit B as the "temporary construction easement", for use in connection with the construction of the public trail connection within the Permanent Easement. The Temporary Easement shall run with the title to the Grantor Tract and shall inure to the benefit of and be binding upon Grantor and Plowshares and their respective heirs, successors and assigns, including, but without limitation all subsequent owners of the Grantor Tract and all persons claiming under Grantor; however, the Temporary Easement shall terminate upon final completion of construction of the permanent Public trail connection improvements within the Permanent Easement, but in no case later than December 31, 2006. 3. Use of Grantor Tract - Grantor hereby agrees not to perform or allow or cause the construction of any improvements on the Permanent Easement or Temporary Easement which could damage or obstruct the Permanent Easement or Temporary Easement or interfere with Plowshares' access to and right to construct the public trail, or the City's right to maintain and repair the public trail located within the Permanent Easement. 4. Warranty of Title - Grantor represents and warrants to Plowshares and the City that Grantor is the only owner of fee simple title to the Grantor Tract, and that there are no undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Grantor Tract which would prohibit the granting of the Permanent Easement and/or Temporary Easement. 5. Governing Law - This Grant of Easement for Public Trail Purposes shall be construed and governed by the laws of the State of Minnesota. 2 IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for Public Trail Purposes on the above date. CORA LANE NELSON �rta i:..�, N�roa,.,Ynlon amts Js, �.sm0 STATE OF MINNESOTA ) ss. COUNTY OF,(,' ) GRANTOR: INDEPENDENT SCHOOL DISTRICT NO. By:a c( 1 (f � � (Print Name) Its: 1016- pet ¢is c+rrc aE *-Op.e This instrument was acknowledged before me s day of 2005, bythe of Independent School District No.ot7lo, an independent school district under the laws of the State of Minnesota, on behalf of such district. THIS INSTRUMENT WAS DRAFTED BY: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 (952) 835-3800 (TFA) 1001631.1 .2� Me. 0 WEST UNE OF THE SW. 1/4 OF THE NW. 1/4 \ \ OF SEC 3 _ J WEST LINE OF THE EAST e30- EOF NE T OF THE SW 1/24 . FEETHE NW. 1/4 OF SEC 3 I 24SW. � � C 1 `SOUIF/ UNE OF THE SW. 1/4 \ OF THE NW. 1/4 OF SEC J, \ T. 116, R. 23, CARVER TRAIL EASEMENT= \COUNTY, MINNESOTA, g50 �J r- -NOR7N UNE OF THE SOUTH \ 31.00 FEET OF THE SW. 1/4 \ OF THE Nw. 1/4 OF SEC 3. I 'EAST UNE OF THE OF THE WEST r 1242.00 FELT OF THE SW. 1/4 OF I THE NW. 1/4 OF SEC. 3. WEST UNE OF THE SW. —NORM UNE ar THE SOUTH 1/4 OF THE NW. 1/4 \ 50.00 FEET OF 7HE SW 7/4 \ SOY• SEC J. WEST UNE OF THE E OF DYE NW. 1/4 OF SEC 3 FEET OF 7NE AST 400_ \ \ WEST 126128'J OFFNF \\ FEET or 771E 4 OF / I —1 � _ NW 1/4 OF SEC 3 -1--.={AST LINE OF vjE 1261.26 FEE TEcSW.E1/4 SOF EtNTY CONS7RUC71pN—� I' o i THE NW. 1/4 OF SEC 3 ` SOUTH UNE O,. 7H£ SW, 1/4--47.00--I—'I \ OF INE NW. 1/4 OF SEC T. 116 R. 2X CARVER I I ,COUNTY, M/NNESOTA. ! 1 I "• Vkstwoodinc. I�. r dr.rr. Trail Easement Description A permanent easement for trail purposes over under and across the East 8.50 feet of the West 1242.00 feet of the South 31.00 feet of the Southwest Quarter of the Northwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota. Temporary Construction Easement Description The East 47.00 feet of the West 1267.28 feet of the South 50.00 feet of the Southwest Quarter of the Northwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota. Said Temporary Construction easement to expire on Plowshares Development LLC 1851 [Al. Drhe W.O. &L 530 O.nh m. MWm MW PINEHURST 1 3/31/05 Sketch and Description � 1 M i I 0 (Reserved for County Auditor or Treasurer GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES THIS GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES is made as of 2005, by PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company ("Grantor"), in favor of the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"). RECITALS A. Grantor is the owner in fee simple of real property in the County of Carver, Minnesota, which is legally described on Exhibit A attached hereto (the "Grantor Tract"). B. As a requirement of the approvals of Grantor's development known as Pinehurst, the City required Grantor to make a public trail on the Grantor Tract. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor: 1. Permanent Easement — For as long as the City maintains and operates the same for public trail purposes, Grantor hereby grants to the City, its successors and assigns, a permanent easement (the "Permanent Easement") for public trail purposes over, under, upon and across that portion of the Grantor Tract legally described and depicted in Exhibit B attached hereto as the "permanent trail easement". The Permanent Easement shall permanently run with the title to 0 0 the Grantor Tract and shall inure to the benefit of and be binding upon Grantor and the City and their respective heirs, successors and assigns, including, but without limitation all subsequent owners of the Grantor Tract and all persons claiming under Grantor. 2. Use of Grantor Tract - Grantor hereby agrees not to perform or allow or cause the construction of any improvements on the Permanent Easement which could damage or obstruct the Permanent Easement or interfere with the City's right to maintain and repair the public trail located within the Permanent Easement. 3. Encumbrances - Grantee shall not suffer or permit anything to be done that will cause the Grantor Tract to become encumbered by any mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or claim is filed against the Grantor Tract, due to Grantee's alleged request for labor or materials, Grantee shall discharge the same of record by a release or bond within thirty (30) days after Grantee receives notice of the filing of any such lien, claim or other charge. 4. Responsibility - Grantor and Grantee shall each be responsible for their respective acts and omissions with respect to the Permanent Easement, and the results therefrom. With respect to Grantee's liability, Minn. Stat. Ch. 466 and other applicable statutes shall apply. 5. Warranty of Title - Grantor represents and warrants to the City that Grantor is the only owner of fee simple title to the Grantor Tract, and that there are no undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Grantor Tract which would prohibit the granting of the Permanent Easement. 6. Governing Law - This Grant of Easement for Public Trail Purposes shall be construed and governed by the laws of the State of Minnesota Pd 0 0 IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for Public Trail Purposes on the above date. STATE OF MINNESOTA ) ) ss. COUNTY OFCctrYeC' ) GRANTOR: PLOWSHARES DEVELOPMENT, LLC By: �:O— N `. �✓ Todd M. Simning This instrument was acknowledged before me this _"� day of 2005, by Todd M. Simning, the Chief Manager bf Plowshares Develo ent, LLC, a Minnesota limited liability company, on behalf of the company. :7 Z blic THIS INSTRUMENT WAS DRAFTED BY: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 (952)835-3800 (TFA) 1006421.1 0 EXIMIT A Lot 8, Lot 10, Lot 11, Block 1, PINEHURST according to the recorded Plat thereof, Carver County, Minnesota 0 0 EXMBTT B A permanent easement for trail purposes over under and across those parts of Lot 8, Lot 10, Lot 11, Block 1, PINEHURST according to the recorded plat thereof, Carver County, Minnesota, lying 5.00 feet on the northerly side and 10.00 feet on the southerly side of the following described line: Beginning at the northeasterly corner of said Lot 11, Block 1, said corner is common with said Lot 8 and Pinehurst Drive as dedicated on said PINEHURST; thence North 51 degrees 16 minutes 57 seconds West, assumed bearing, along the northeasterly line of said Lot 11 a distance of 87.85 feet; thence northerly along a tangential curve concave to the east, having a radius of 23.00 feet and a central angle of 78 degrees 05 minutes 29 seconds, and an arc distance of 31.35 feet; thence northwesterly along a tangential reverse curve concave to the southwest, having a radius of 40.00 feet and a central angle of 120 degrees 25 minutes 44 seconds, and an arc distance of 84.08; thence North 03 degrees 37 minutes 12 seconds West, not tangent to said curve, 6.76 feet to the north line of said Lot 10, Block 1 and said Line there terminating. The side lines of said easement are to be prolonged or shortened to terminate at said easterly line of Lot 11, the southeasterly line of said Lot 8 and said north line of Lot 10. F I 10 8 �� GSEIfENT Ntp I — ONE S�WEASTRLY or I1, SLOW 1.X or Lora Btaor I.PIN 40sr�' —Nowa sRWLY cot rfi of Lor 11. d a d £ASr£RLY UNE OF R NT v eEam m Lor 11. BLOCK i. AB/ENURST. PINEHURST DRIVE "• Westwood Role„'i.., au5L3'iI�3.IK. r..wr� Plowshares Development LLC Trail Easement Description A permanent easement for trail purposes over under and across those parts of Lot 8, Lot 10, Lot 11, Block 1, PINEHURST according to the recorded plot thereof, carver County, Minnesota, lying 5.00 feet on the northerly side and 10.00 feet on the southerly aide of the following described line.' Beginning at the northeasterly comer of sold Lot 11, Block 1, sold comer /a common with sold Lot 8 and Pinehurst Drive as dedicated on said P/NENURSr, thence North 51 degrees 16 minutes 57 seconds Weal, assumed bearing, along the northeasterly line of sold Lot 11 a distance of 8785 feet; thence northerly along a tongentlol curve concave to the east, having a radius of 23.00 feet and o central angle of 78 degrees 05 minutes 29 seconds, and an arc distance of JI.J5 feet; thence northwesterly along a tangential reverse curve concom to the southwest, hoWng a radius of 40.00 feet and o centro/ angle of 120 degrees 25 minutes 44 seconds, and an arc distance of 84.08; thence North 03 degrees 37 minutes 12 seconds West, not tangent to sold curve, 6.76 feet to the north line of sold Lot 10, Block 1 and avid Line there terminating, the side lines of said easement ore to be prolonged or shortened to terminate at said easterly line of Lot 11, the southeasterly line of sold Lot 8 and sold north /Me of Lot 10. m 3/31/0.5 —LZ— I PINEHURST Sketch and Description • • 0 0 ENCROACHMENT AGREEMENT AGREEMENT made this — 2-1— day of AF,, 1 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and PLOWSHARES DEVELOPMENT, LLC, a Minnesota Limited Liability Company ('Developer"). 1. BACKGROUND. The City owns Outlot B, Pinehurst, in the City of Chanhassen, County of Carver, State of Minnesota ("City Outlot")and dedicated right-of-way known as Edgewood Court, Pinehurst, in the City of Chanhassen, County of Carver, State of Minnesota ("subject right -of --way"). Developer wants to construct a landscaped median which would encroach within the subject right-of-way and retaining walls which would encroach within the City Outlot. The encroachment area is legally described on Exhibit "A" attached hereto. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment within the City Outlot for the construction of retaining walls by the Developer and the encroachment within the subject right-of-way for the construction of a landscaped median by the Developer. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach within the City Outlot and subject right-of-way, the Developer, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the City Outlot and subject right -0f --way, including the retaining walls and median, caused in whole or in part by the encroachment into the City Outlot and subject right-of-way. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Developer thirty (30) days advance written notice. The Developer shall remove the retaining walls and/or median to the effective date of the 0 0 termination of this Agreement. if the Developer fails to do so the City may remove the retaining walls and/or median. 5. RECORDING. This Agreement shall be recorded against the title to the subject property. (SEAL) CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayolr AND e!o odd Gerhardt, City Manager/Clerk PLOWSHARES DEVELOPMENT, LLC BY: Todd M. Simning, Chief Manager 0 0 STATE OF MINNESOTA ) ( ss. COUNTY OF fW ) The foregoing instrument was acknowledged before me this d_(a fit day of 2005, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and Cill Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. KAREN J. ENGELHARDT Notary Public -Minnesota O ARY "LIC �.. My CO n*won M Jen 31, 2010 STATE OF MINNESOTA ) USA MAP FAILS (ss. Minnesota Notary Public COUNTY OF ,r hr ) emyCareasbnEviesJan.31,2006 The foregoing instrument was acknowledged before me this* day of 44h, I 2005, by Todd M. Simning, the Chief Manager of Plowshares Developme t, LLC, a Minnesota limited liability company, on behalf of the company. 01 OTARY LIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 0 EXMrr "A" TO CEM .NT AGREEMENT Legal Description of retaining wall encroachment area within City Ontlot: ALSO Over, under and across that part of Outlot B, PIN EH U RST according to the recorded plat thereof, Carver County, Minnesota described as follows; commencing at the southwest corner of said Outlot B; thence North 45 degrees 36 minutes 56 seconds East, assumed bearing, along the westerly line of said Outlot B a distance of 138.21 feet to the point of beginning; thence continue North 45 degrees 36 minutes 56 seconds East 186.54 feet to the northwest comer of said Outlot B; thence South 60 degrees 25 minutes 53 seconds East, along the northerly line of said Outlot B, 37.62 feet; thence South 68 degrees 04 minutes 05 seconds West 68.54 feet; thence South 45 degrees 36 minutes 35 seconds West 133.59 feet; thence North 44 degrees 23 minutes 25 seconds West 10.00 feet to the point of beginning and there terminating. Commencing at the southwest comer of said Outlot B; thence South 87 degrees 21 minutes 21 seconds East 87.07 feet to the point of beginning; thence North 45 degrees 36 minutes 35 seconds East 13730 feet, thence South 44 degrees 23 minutes 25 seconds East 45A9 feet; thence South 45 degrees 36 minutes 35 seconds West 94.94 feet to the south line of said Outlot B; thence North 87 degrees 21 minutes 21 seconds West 62.16 feet along said south line to the point of beginning and there terminating. Legal Description of landscaped median encroachment area within the subject right -0f -way: The part of Edgewood Court as dedicated on the plat of PINEHURST, Carver County, Minnesota, lying within the circumference as follows: Commencing at the most easterly corner of Lot 7, Block 3; thence North 66 degrees 35 minutes 41 seconds East, assuming the southeasterly lines of said Lot 7 bears North 48 degrees 36 minutes 14 seconds East, 65.00 feet to the center of said circle and the property to he described. 02005 Westwood Prolevelond Services, Inc. OU1L0T )VOOTMAESr CORNER OF— - 1� 1 G WA `N4v/4, 2 N t 6654/ 0. n 04 22 21� QQ\ h4 ,� Q 4 5qe' o i , ° e 4 OUTLOT e �Cq it � 4e1i � 4' s � ` Se ,F" ie4 ':o''�r o0 0 vNj f/W Orr BSTRICN�EHURS �• �� '$n 1 CARIfR COUNrY, MINNESOTA. _ 87.07 c—SOUnf LINE OF ounor B. J 8218 _ / 587°1111'E 136.66 Ned"M39'W 89.77 RETAINING WALL EASEMENT A permanent easement for retaining wall purposes over, under and across that part of Outiot 8, PINEHURST according to the recorded plat thereof, Carver County, Minnesota described as follows; commencing at the southwest corner of said Outiot B; thence North 45 degrees 36 minutes 56 seconds East, assumed bearing, along the westerly line of said Outlot B a distance of 138.21 feet to the point of beginning; thence continue North 45 degrees 36 minutes 56 seconds East 186.54 feet to the northwest comer of sold Outlot B; thence South 60 degrees 25 minutes 53 seconds East, along the northerly line of said Outlot 8, JZ62 feet; thence South 68 degrees 04 minutes 05 seconds West 68.54 feet; thence South 45 degrees 36 minutes 35 • seconds West 133.59 feet; thence North 44 degrees 2J minutes 15 seconds West 10.00 feet to the point of beginning and there terminating. ALSO Commencing at the southwest corner of said Outlot B; thence South 87 degrees 21 minutes 21 seconds East 87.07 feet to the point of beginning; thence North 45 degrees 36 minutes 35 seconds East 13730 feet; thence South 44 degrees 23 minutes 25 seconds East 45.49 feet; thence South 45 degrees J6 minutes 35 seconds West 94.94 feet to the south line of said Outlot B. thence North 87 degrees 21 minutes 21 seconds West 62.16 feet along said south line to the point of beginning and there terminating. wse 4/06/05 seeds 1 or 1 "� � f� PINEHURST Sketch & I I Westwood Professional Services, Inc. I I Plowshares Development LLC Description o.e.e � nn. ,ewnDr. aR m P se.,n.ina mx sst« M lake DdW Welt S9ue SM I. : men-a.ed see en C3uohYem, kfloouoU 359V CAenlueeen, Carver County, MliNesofe l� — 02005 Westwood Professional Services, Inc, // R] 1 S /' —MOST EASTERLY CORNER Lk' 11.a / LOT 7, BLOCK J. PINEHURSL CARVER COUNTY, MINNESOTA, COMMON WTN LOT 6, KOCK J. II westemoditfe nffvizPc nr I Plowshares Development LLC nsv.•.e.n om. p... ""ner, lsss« 1651 Lk. Drive West, SWte 550 Prop" ,ate re..: en.uistw •_". m.maeu raa w..v.. wiar Osduahessfn6 N1lnoeote 55317 That port of Edgewood Court as dedicated on the plot of PINEHURST, Carver County, Minnesota, lying within the circumference of a circle having a radius of 15.00 feet described as follows: Commencing at the most easterly comer of Lot 4 Block 3, said Pinehurst, said comer common with Lot 6, said Block J thence North 66 degrees 35 minutes 41 seconds East, assuming the southeasterly line of sold Lot 7 bears North 48 degrees 36 minutes 14 seconds East, 65.00 feet to the center of said circle and the property to be described. jr :w. 4-19-05 6n..c 1 or 1 PINEHURST Sketch and Description city, Min.. CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution Vacating Public Easements within the Pinehurst Plat, Vacation File No. 05-01 adopted on April 11, 2005, 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 o2, til day of April, 2005. I C�Ot-f K n J. E gel rdt, 16jputy Clerk • 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 11, 2005 RESOLUTION NO: 2005-41 MOTION BY: Peterson SECONDED BY: Labatt A RESOLUTION VACATING PUBLIC EASEMENTS WITHIN THE PINEHURST PLAT VACATION FILE NO. 05-01 WHEREAS, the City received a request from Ploweshares Development, representing the Pinehurst subdivision, to vacate all existing public drainage and utility easements within the underlying parcels of the Pinehurst development; and WHEREAS, the existing public drainage and utility easements were granted to the City as part of the Old Slocum Tree Farm plat in 1987; and WHEREAS, the Pinehurst plat was approved by the City Council on March 14, 2005. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the existing public drainage and utility easements as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 11d' day of April, 2005. ATTEST�: riot L T Gerhardt, City Manager YES Thomas A. Furlong, Mayor NO ABSENT Furlong None Lundquist Labatt Peterson Tjomhom 0 0 Easement Vacation Description All Drainage and Utility Easements as dedicated per OLD SLOCUM TREE FARM, according to the recorded plat thereof, Carver County, Minnesota. 6meaxauorv`N-0� �=�.n�� axao� 02005 rerteeoe Prolw.fenal sedem Im MAR 01 2005 I ItlialREeRINa DEPT. — r • Oroinoge an Utility Easement to be Vacated �� I I I • II � f a:.x /I :REE LOT I I I Ordnoge and Utility Easement to be Vacated ! i it �- =fin. n . _ _ �'� / V , /•/ I T 11 111 r' I /1.� I I1� i'14-111"1 HI'S !;RC 'I • Omhope oed UNNy £0awments to be Vacated All Drainage mtd Utility Easements as dedicated per OLD SLOCUM MEE FARM• according to the recorded plot Mxeol. Carw Cotmty, Minnesota - Drainage and Uhlity Easement to be Vacated W Westwood Rdess" al 5ffvxz. Inc. °"�' �d tor. I a.arCM +++t..a.•o.. (' oar �, I �OiVd�1aT!/ DCVe�tr T.T.0 °^"""'g u+l take odea Welk smle sm n....m.n.sw .ssta.n.va t�rbne. kaerom sw Mill dno Property a. 01/Tl/05 nae I or 1 Easement Vacation Sketch E.Mbtt A Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park d Recreation Phone: 9552.227.1120 Fax: 952.227.1110 Recreation Center 2310 Cougar Boulevard Phone: 952227.1408 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.a chanhassen.mn.us Dear Nathan: On March 14, 2005, the Chanhassen City Council approved the following: "Final Plat for Pinehurst Addition creating 43 lots, 2 outlots and associated right-of- way for public streets (plans prepared by Westwood Professional Services, Inc.) subject to the following conditions: Setbacks on Lots 9, 10, 11, 14, 15 and 16, Block Ishall be a minimum of 20 feet from the back of the private street. 2. Outlots A and B shall be donated to the City. 3. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. 4. All structures shall maintain a 40 -foot setback from wetland buffer edges. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope 0 6 Steeper than 3:1 March 21, 2005 CITY OF 14 Days CIIANI�SSEN Mr. Nathan Franzen Plowshares Development, LLC 7700 Market Boulevard 1851 Lake Drive West, Suite 550 POBox 147 Chanhassen, MN 55317 Chanhassen, MN 55317 administration Re: Final Plat Approval - Pinehurst P:21100 Fax:952.227.1110 Planning Case #04-36 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park d Recreation Phone: 9552.227.1120 Fax: 952.227.1110 Recreation Center 2310 Cougar Boulevard Phone: 952227.1408 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.a chanhassen.mn.us Dear Nathan: On March 14, 2005, the Chanhassen City Council approved the following: "Final Plat for Pinehurst Addition creating 43 lots, 2 outlots and associated right-of- way for public streets (plans prepared by Westwood Professional Services, Inc.) subject to the following conditions: Setbacks on Lots 9, 10, 11, 14, 15 and 16, Block Ishall be a minimum of 20 feet from the back of the private street. 2. Outlots A and B shall be donated to the City. 3. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. 4. All structures shall maintain a 40 -foot setback from wetland buffer edges. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A geat place to live, work, and play. 6 0 Mr. Nathan Franzen March 21, 2005 Pinehurst Final Plat Page 2 These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. 6. Daily scraping and sweeping of public streets shall be completed any time construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. 8. Based on the proposed developed area of 23.68 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $75,533.87. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff -Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 10. A minimum of two overstory trees shall be required in the front yard of each lot. The landscape plan shall include a minimum of 260 trees. A final revised plan must be submitted to the City for approval. 11. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. 12. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. 13. Tree preservation on site shall be according to tree preservation plans dated 02/21/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. 14. The applicant will be required to meet the existing site runoff rates for 10 -year and 100 -year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. In addition, the proposed ponding must be sized to accommodate the drainage generated from the property to the north, as shown in the City's Surface Water Management Plan (SWMP). 15. The storm sewer must be designed for a 10 -year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. 16. Staff recommends that Type 11 silt fence, which is a heavy duty fence, be used adjacent to the a,�:<v"isting wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets Mr. Nathan Franzen • March 21, 2005 Pinehurst Final Plat Page 3 are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. 17. On the grading plan: Maximum allowable side slope is 3:1; revise in the rear yard of Lot 3, Block 2. 18. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City building department must be obtained. In addition, encroachment agreements will berequired for any retaining wall within a public easement. 19. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain. The total 2005 Lake Ann Interceptor charge is $2,270 per unit and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance. 20. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 21. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 24. Lot 27 is approved with the following conditions: a. A drainage and utility easement shall be dedicated over the entire width of the swale on the northwest side of the buildable area on Lot 27, Block 1. No structures shall be allowed within this drainage and utility easement, with the exception of the retaining wall shown on the approved grading plan. b. To ensure proper drainage, a survey shall be required for Lot 27, Block I upon completion of the landscaping. The survey shall be submitted to the City and reviewed by staff to ensure consistency between final grades and the approved grading plan. If discrepancies exist, any inconsistent areas shall be re -graded to match the approved grading plan. Additionally, any property owners should anticipate flowing and/or Mr. Nathan Franzen March 21, 2005 Pinehurst Final Plat Page 4 standing water within the swale on the northwest side of the property (Lot 27, Block 1). This may preclude mowing of the swale during times of above average precipitation. 25. A 30 -foot wide private easement, cross -access and maintenance agreement must also be submitted for the private street. 26. Full park fees shall be collected at the rate in force at the time of final plat. 27. The private streets must be built to a 7 -ton design and enclosed within a 30 -foot private easement. The developer will be required to submit inspection/testing reports from an independent geotechnical £nm certifying that the street is built to a 7 -ton design." Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract, the required easements (private street and trail) and all required financial security and fees. Deeds conveying Outlots A and B to the City must be submitted for recording. Two 1"=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. SincereLL Robert Generous, AICP Senior Planner c: Matt Saam, Assistant City Engineer Steve Torell, Building Official g:\plan\2004 planning cases\04-36 - pinehunftapproval lever final plaLdoc A CITY OF CNANIIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227 1160 Fax: 952227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax:952.227.1110 Web Site www.ci.chanhasseo.mn.us January 21, 2005 Mr. Nathan Franzen Plowshares Development, LLC 1851 Lake Drive West, Suite 550 Chanhassen, MN 55317 Re: Preliminary Plat Approval - Pinehurst Planning Case #04-36 Dear Nathan: On January 10, 2005, the Chanhassen City Council approved the following: Rezoning of the 27.62 acres located within the Pinehurst subdivision from Rural Residential (RR) to Single -Family Residential (RSF); Me Preliminary plat for Pinehurst Addition with a variance for the use of private streets, plans prepared by Westwood Professional Services, Inc., dated 9/17/04, revised 9/22/04 and 11/05/04, based on the findings of fact attached to this report and subject to the following conditions: 1. Setbacks shall be a minimum of 20 feet from the back of the private street. 2. Outlots A and B shall be donated to the city. 3. Water Resources Coordinator Conditions: a. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. b. All structures shall maintain a 40 -foot setback from wetland buffer edges. c. The building pad on Lot 9, Block 1 shall be revised to reflect the wetland setback requirements. d. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 0.A.we® The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 Mr. Nathan Franzen January 21, 2005 Page 2 e. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Time (maximum time an ares can remain "vegetated of .Slol)e when area is not actively being worked) Flatter than 10:1 I— " These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. L Daily scraping and sweeping of public streets shall be completed any time construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. g. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. h. Based on the proposed developed area of 23.36 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $83,465. i. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff -Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase It Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 4. Natural Resources Coordinator Conditions: a. A minimum of two overstory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. d. Tree preservation on site shall be according to tree preservation plans dated 09/17/04. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. e. The feasibility of preserving vegetation along Galpin will be studied and presented at the time of final plat. Mr. Nathan Franzen January 21, 2005 Page 3 5. Engineer's Conditions: a. The applicant will be required to meet the existing site runoff rates for 10 -year and 100 -year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. In addition, the proposed ponding must be sized to accommodate the drainage generated from the property to the north, as shown in the City's Surface Water Management Plan (SWMP). b. The storm sewer must be designed for a 10 -year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. c. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 -year flood level. d. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. e. All plans must be signed by a registered Civil Engineer in the State of Minnesota. f. On the utility plan: 1. Show all existing and proposed utility and pond easements. 2. Maintain 10 -foot horizontal separation between all sanitary/water/storm sewer mains. 3. Increase the watermain pipe size in Street D to 8 -inches in diameter. 4. Add a storm sewer line between Lots 7 and 8, Block 1 with a catch basin at the north property line for future connection by the property to the north. 5. Extend sanitary manhole #12 to the north property line with an invert elevation of 1049.0. g. On the grading plan: 1. Show all existing and proposed easements. 2. Show the benchmark used for the site survey. 3. Maximum allowable side slope is 3:1; revise in the rear yard of Lots 14 and 15, Block 1 and the rear yard of Lot 3, Block 2. 4. Show the location and elevation of all emergency overflows; the elevation must be 1.5' lower than any adjacent house pad elevations. 5. Show the retaining wall top and bottom elevations. Mr. Nathan Franzen January 21, 2005 Page 4 6. Use storm sewer class 5 in roadway; revise note under general grading and drainage notes accordingly. h. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the city building department must be obtained. In addition, encroachment agreements will be required for any retaining wail within a public easement. i. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,814.00 per unit for watermain. The total 2004 Lake Ann Interceptor charge is $2,102 per unit and the SAC fee is $1,425.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and water - main hookup fees may be specially assessed against the parcel at the time of building permit issuance. j All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to nrinimize erosion. k. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 1. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. m. Due to the depth of the proposed sanitary sewer from MH -20 to M11-17, the required easement width will be increased to 50 feet. n. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. o. Street B will be connected to the north to Crestview Drive. p. Lot 27 is approved with the following conditions: 1. A drainage and utility easement shall be dedicated over the entire width of the swale on the northwest side of the buildable area on I of 27, Block 1. No structures shall be allowed within this drainage and utility easement, with the exception of the retaining wall shown on the approved grading plan. 2. To ensure proper drainage, a survey shall be required for Lot 27, Block 1 upon completion of the landscaping. The survey shall be submitted to the City and reviewed by staff to ensure consistency between final grades and the approved grading plan. If discrepancies exist, any inconsistent areas shall be re -graded to match the approved grading plan. Additionally, any property owners should anticipate flowing and/or standing water within the swale on the northwest side of the property (Lot 27, Block 1). This may preclude mowing of the swale Mr. Nathan Franzen January 21, 2005 Page 5 during times of above average precipitation. q. Revise Street C to be a standard 28 foot width. r. Lower the western end of the site in the area of the two private drives. s. This development is required to provide enough additional platted right-of-way which results in 50 feet of right-of-way on the western side of the Galpin Boulevard centerline. t. A right -tum lane into the site off of Galpin Boulevard will be required to be constructed with specifications determined by time of final plat. 6. Geotechnical testing report and recommendation will be required and needs to be provided to the city. 7. A 30 foot wide private easement, cross access and maintenance agreement must also be submitted for the private street. 8. Provide an access trail from this neighborhood to Minnetonka Middle School West, the location to be determined by time of final plat. 9. A determination shall be made by final plat whether to remove the stub road off of Brenden Court. if it is determined to remove it, the developer shall either do the work or pay for it to be removed. Final plat documents must be submitted to the city three weeks prior to the City Louncil meeting in d for submittal which you wish to have your final plat approved. Enclosed is the list of items req for final plat approval. Should you have any questions, please feel free to contact me at (952) 227-1131. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Matt Saam, Assistant City Engineer Steve Torell, Building Official g.Vj.VDp4PlanningmmX04-36- pinehmt�approval leaffA c ITEMS RE UIRED FOR FINAL PLAT CONSIDERATION 6/9/04 The following items are required to be submitted a minimum of three (3) weeks prior to City Council meeting and payment of a $250.00 final plat review fee: 1. Submit three (3) sets of construction plans and specifications for staff review and redline. The construction plans and specifications shall be in accordance to the City s latest edition of Standard Specifications & Detail Plates. The plans shall include traffic signage and street light placement. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS, catch basin, and storm manhole numbers. 2. Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Tree Preservation Easements (if applicable). 4. Trail Easements (if applicable). 5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable). 6. Engineer's Cost Estimate of Public Improvements: a. Sanitary sewer system. b. Water system. C. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. e. Erosion control. f. Site restoration (seeding, sodding, etc.). g. Site grading 7. Ten (10) sets (folded) of final plat, one (1) set of reductions (8W' x 11"), a digital copy in Awg format (AutoCAD compatible), and a digital copy in .tif format. 8. Digital copy of the legal description of the property in a .doc or .pdf compatible format. 9. Lot tabulations 10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot and Block numbers. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. g:\eng\fo t\tnlplat submittalAm FAX COVER SHEET aff OF Date: September 20, 2004 Company: Plowshares Development, LLC 7700 Market Blvd. Attention: Nathan B. Franzen P.O. Box 147 Chanhassen, MN 55317 Fax Number: 952-361-0833 General Phone: 952-227-1100 Sent By: Robert Generous, Senior Planner Administrative Fax: 952-227-1110 Bldg/Inspections Fax: 952-227-1190 Direct Dial No: 952-227-1131 Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Sending 3 pages, including cover page. Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 ❑ Please find the information you requested ❑ Web Address: www.cichanhassen.mn.us Please review and call me ❑ Please call to confirm receipt of this fax ® Letter of Incomplete Submittal for Pinehurst - Planning Case No. 04-36 If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. SCANNED 9. Include a 20 -foot wide drainage easement over the storm water pipe running between Lots 9 and 10 and Lots 14 and 15, Block 1, and Lots 10 and 11 and Lots 13 and 14, Block 2. sc""ED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 46 September 20, 2004 CITY OF CHMPlowshares SEN Mr. Nathan B. Franzen Development, Inc. 7700 Markel Boulevard 1851 Lake Drive West, Suite 550 PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Pinehurst — Planning Case No. 0436 Phone: 952.227.1100 952.227.1110 Dear Mr. Franzen: Building Inspections Phone 952227.1180 Staff has reviewed the submittal for the proposed development of Pinehurst. Based P Po P Fax:952227.1190 on this review, we find that the submittal is incomplete. The following must be submitted in order for the City to adequately review the project: Engineering Phare.522.2v.170B Fax: 952.227.1170 1. Show a full-size grading plan meeting all the requirements of the ordinance !'�' g P g q • including a 60 -foot right-of-way, a 31 -foot street section, 60 -foot radius cul - Finance de -sac and 7 percent street grade (similar to the concept plan in the narrative). F!-cne 952.227.1140 F j). s5222zmo 2. Include a 1"=60' scale pre- and post -development drainage area map. Park If Recreation "227,1120 3. On the grading plan, call out the typical housing types (WO, LO, R) and show ! , :.27.1110 the proposed front and rear building elevations. Recreation Center -, Boulevard �a227.1400 4. On the grading Plan, show existing typography within 100 feet of the project . _1'7.1404 property line. Planning & 5. Provide a breakdown of the quantity of trees by individual species. (Note: Natural Resources there are no quantities for ornamental trees FaA. 952.227.1110 6. Verify that Lot 4, Block 1 meets the 100 -foot lot width at the building setback Public Works line. 1591 Park Road Phone: 952.227.1300 Fax: 952227.1310 7. Verify that all lots on cul-de-sacs meet the minimum 90 -foot lot width at the building setback line. Senior Cerner Phone: 952.227.1110 Fax 952.227.1110 8, Wetland setbacks for A rban wetlands are a minimum of 56.5 feet from the wetland edge. The minimum wetland buffer is 16.5 feet. Revise the Web Site development data (sheet 3 of 11) and wetland setback lines for Lots 5, 6 and www.cichanhassen.mo.us 11, Block 1 to show this setback. 9. Include a 20 -foot wide drainage easement over the storm water pipe running between Lots 9 and 10 and Lots 14 and 15, Block 1, and Lots 10 and 11 and Lots 13 and 14, Block 2. sc""ED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Nathankranzen 6 September 20, 2004 Page 2 In order to remain on the October 19, 2004 Planning Commission agenda, you will need to have the above revisions to me by Wednesday, September 22, 2004. If you have any questions or need additional information, please contact me at (952) 227- 1131 or beenerous@ci.chanhassen.mn.us. S' el J �� Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Matt Saam, Assistant City Engineer gAp1ant2004 planning cas \04-36 - pinehurMinmmpim later.dm C1't',7AOt