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Interim Use Permit-Recorded Document No. A 476414 OFFICE OF THE COUNlY RECORDER CARVER COUNlY. MINNESOTA Fee: $ 46.00 Check#: 18263 Certified Recorded on 12-2(1-2007 at 11:OO~O PM 111\ "f~"llI"" CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #07-16 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: to permit up to 46,000 cubic yards of fill on the site. 2. Property. The permit is for property located at 8601 Great Plains Boulevard and 760 Lake Susan Drive situated in the City ofChanhassen, Carver County, Minnesota; and legally described as: Lot 1, Block 1, Gateway North, Carver County, Minnesota; And, Part of the NW 1,4 of the NW 14 of Section 24, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the NW comer of the NW the NW comer of said Section 24; thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said NW 14 338.00 feet; thence South 25 degrees 26 minutes 43 seconds East 128.38 feet to a point on the centerline of State Highway Number 101 said point being the point of beginning of the tract to be described; thence westerly along said centerline along a non tangential curve that is concave to the north, said curve having a central angle of 09 degrees 11 minutes 57 seconds, a radius length of 621.15 feet, an arc length of 99.73 feet, a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of 99.62 feet; thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described curb 163.44 feet; thence southwesterly along said centerline along a tangential curve, that is concave to the southeast, said curve having a central angle of 19 degrees 36 minutes 53 seconds, a radius length of 231.87 feet, an arc length of 79.38 feet; thence continuing southwesterly along . said centerline along a compound curve, that is concave to the southeast, said curve have a central angle of 52 degrees 18 minutes 23 seconds, a radius length of 127.6 feet, an arc length of116.49 feet, a chord bearing of South 33 degrees 34 minutes 37 seconds West, a 1 ".-.- . .. chord length of 112.49 feet to the West line of said NW 1,4; thence south 00 degrees 01 minutes 33 seconds East along said centerline and along the West line of said NW l,4 362.74 feet to the South line of the North 660 feet of the West Y2 of the NW l,4 of said Section 24; thence South 89 degrees 19 minutes 49 seconds East along said South line 430.13 feet to the westerly right-of-way line of Trunk Highway Number 312; thence northeasterly along said westerly right-of-way line along a non tangential curve that is concave to the southeast, said curve having a central angle of 11 degrees 42 minutes 56 seconds, a radius length of 350.00 feet, an arc length of 71.57 feet, a chord bearing of North 64 degrees 07 minutes 43 seconds East a chord length of 71.44 feet; thence North 16 degrees 17 minutes 03 seconds East along said westerly right-of-way line and not tangent to last described curve 360.83 feet; thence northerly along said westerly right-of- way line along a non tangential curve that is concave to the east said curve having a central angle of 17 degrees 30 minutes 47 seconds, a radius length of 981.48 feet, an arc length of 300.00 feet, a chord bearing of North 20 degrees 48 minutes 18 seconds East, a chord length of 298.83 feet to the North line of said NW 1,4; thence North 89 degrees 19 minutes 43 seconds West along said North line and not tangent to last described curve 118.28 feet the centerline of State Highway Number 101; thence southwesterly along said centerline along a non tangential curve that is concave to the northwest, said curve having a central angle of 20 degrees 33 minutes 03 seconds, a radius length of 621.15 feet, an arc length of 222.79 feet, a chord bearing of South 59 degrees 19 minutes 43 seconds West, a chord length of 221.60 feet to the point of beginning. This tract is subject to any and all easements of record. 3. Conditions. The permit is issued to grade approximately 46,000 cubic yards, subject to the plans prepared by Allen R. Hastings, dated August 13,2007, revised August 21, 2007, subject to the following conditions: a. A demolition permit is required for the removal of any structure(s). b. If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. c. Show the trees for the US West Telephone property in the existing conditions and the proposed grading plan. Preserve as many trees as possible in this area to provide screening for the building. d. Install tree protection fencing around all trees to be saved on site. e. Tree protection fencing and erosion control fencing must be installed and inspected by the City prior to beginning site grading. f. Silt fence must be added around the outer limits of the temporary topsoil stockpile. This area must be regraded to the elevations shown on the proposed grading plan. Streets must 2 be kept clean and free of debris at all times. 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 timeframes: TVVe of Slope Steeper than 3: 1 10:1 to3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) g. The applicant shall provide the City with a cash escrow in the amount of $5000.00 to guarantee erosion control measures, site restoration, and compliance with the interim use permit. h. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 1. The applicant must provide a proposed haul route for review and approval. J. An interim use permit expires one year from the date of approval from the City Council. The permit may be renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. k. A temporary construction easement is required for the grading on the US West Telephone property. 1. All permits must be secured prior to commencement. This includes a drainage permit from the Minnesota Department of Transportation, a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. m. Changes are needed to the grading plan. The elevations 906 and 908 that are shown in the black walnut woods in the existing conditions must remain in the grading plan. Change the grading in this area to allow the water to exit the comer of the woods. The swale for the drainage around the US West Telephone property should be moved to the center of the lot line. n. An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. \. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 3 .4 ...... t- . .. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penal tv. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 24, 2007 CITY OF CHANHASSEN BY~ A.T T By: STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ~f?<I1 day of ~ 2007, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of hanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. \ .l >~o,. KAREN J. ENGELHARDT 1 t _ ..~j, Notary Public-Minnesota ~.(.............,,, My Commission Expires Jan 31. 2010 .....- DRAFTED BY: City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 \ 4