Conditional Use Permit-Recorded 6-6-07
Thom;ls J. C;lmpbcll
Rogcr N. Knutson
Thom;ls 1\1. Scott
Elliott B. II-nctsch
Jocl J. J;lmnik
Andrc:! 1\lcDowcll Pochlcr
Sorcn 1\1. l\1:1ttick
John F. II-clly
Hcnry A. Schaeffer, "I
Alin:! Schw:!rtz
S;lmucl J. Edmunds
Cynthi;l R. Kirchoff
l\brgucritc 1\1. l\lcC:!rron
USO Corl'or;lte Center Curve
Suite 317 . b~3n, ~IN 55121
651-452-5::0
Fax 651-452-5550
,,"ww.ck-law.com
CAMPBELL KNUTSON
Professional Association
***
RECEIVED
JAN 2 3 2008
CITY OF CHANHASSEN
Direct Dial: (651) 234-6222
E-mail Address:snelson@ck-law.com
January 21,2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN -AUTOBAHN MOTORPLEX PROJECT #06-34
~ Conditional Use Permit #2006-34
~ Grant of Permanent Easement for Conservation Purposes
~ Grant of Permanent Easement for Drainage & Utility Purposes
(Part of the SE ~ of Section 15-116N-23W and Part of the SE ~ of
the NE ~ of Section 15-116N-23W - Torrens Certificate No. 33040.0)
Dear Kim:
Enclosed for the City's files please find original recorded Conditional Use Permit
#2006-34, Grant of Permanent Easement for Conservation Purposes and Grant of
Permanent Easement for Drainage and Utility Purposes in connection with Autobahn
Motorplex Project #06-34. These documents were recorded with Carver County on
June 6, 2007 as follows:
CUP #06-34 was recorded on June 6, 2007 as Torrens Document No.
T163177.
Grant of Permanent Easement for Conservation Purposes was recorded on
June 6, 2007 as Torrens Document No. T163178.
Grant of Permanent Easement for Drainage & Utility Purposes was
recorded on June 6, 2007 as Torrens Document No. T163179.
Regards,
CAMPBELL KNUTSON
Professional Association
B
SRN :ms
Enclosures
...
Document No. OFFICE OF THE
T 163177 REGISTRAR OF TITLES
1II11111I1111I1 C~~~~~ ~~~~TY , MINNESOTA
Cert. # 33040 Fee: $ 46.00
Certified Recorded on 06-06-2007 at 02:00 0 AM qJ PM
2007-06-06 6f4--
111111 nil UII ~~ II <;~~;::a;~~~r
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT #2006-34
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a conditional use permit for the following uses:
A. For development within the Bluff Creek Corridor with a Variance to locate the
stormwater pond within the Bluff Creek primary zone, in conformance with the grading plans
prepared by Sathre-Bergquist, Inc., dated 10-19-2006; and
B. For multiple buildings (up to 14) on one parcel.
2. Property. The permit is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The permit is issued for Autobahn MotorPlex - Planning Case #06-34,
with the following conditions:
Conditional Use A:
a. The plans shall be revised to show the correct Bluff Creek Overlay District primary zone
boundary. Additionally, the primary zone boundary shall be terminated at the property
lines for the subject property because the above description of the primary zone boundary
is not an accurate description of the primary zone on adjacent properties. Signage for the
Bluff Creek Overlay District shall be posted at least every 300 feet along the primary
zone boundary.
b. The applicant shall develop a restoration plan for the upland areas within the primary
zone that includes native plants for the Bluff Creek Overlay District. The plant species
shall be selected from the Bluff Creek Management Plan Appendix C. The final plan
shall be reviewed and approved by the City before installation.
c. The property owner shall dedicate a conservation easement and a drainage and utility
easement over the primary zone of the Bluff Creek Overlay District.
d. Chanhassen Type II silt fence shall be provided adjacent to all areas to be preserved as
1
buffer. The silt fence shall be installed in overlapping "J-hooks" to break up the sections
and provide additional water and sediment retaining capacity.
e. Erosion control blanket shall be installed on all slopes on site steeper than 3:1. The plans
shall be revised to depict blanket locations and shall provide a detail for blanket
installation. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as needed.
Conditional Use B:
a. Development of the two buildings immediately adjacent to Audubon Road shall require a
separate site plan review.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: December 11, 2006
CITY OF CHANHASS
BY:""" ~~ A\
om Furlong, Mayor
~A/
odd Gerhardt, CIty Manager
(SEAL)
AND:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Ii/flay of ~200 7,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporati n and pursuant to the authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
j "^:tf'^^^^^,^^^I\^,,^^'VVV\N'o~'
('" . i< '\K' · J ,-. ""ELHARDT
~<~. ,_ t,:::;-..;;- 1'1'1. t,~~\ I" t ~',i:.:2
~~;1:ii,tji I'Jotary Puoiic-Minnesota
. ~;,.~/ My Commission Expires Jan 31, 2010
2
EXHIBIT A
PROPERTY DESCRIPTION:
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23
West of the 5th Principal Meridian described as:
Beginning at the northeast corner of said Southeast Quarter; thence
on an assumed bearing of North 89 degrees 00 minutes 25 seconds West
along the north line of said Southeast Quarter a distance of 2614.22
feet to the northwest corner of said Southeast Quarter; thence South
o degrees 59 minutes 45 seconds East along the west line of said
Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees
57 minutes 24 seconds East a distance of 669.01 feet; thence South 33
degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
northeasterly along a non-tangential curve concave to the northwest
having a radius of 1859.86 feet; a chord bearing of North 49 degrees
43 minutes 26 seconds East a distance of 394.93 feet; thence North 56
degrees 57 minutes 24 seconds East, not tangent to last described curve
a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds
West a distance of 22.98 feet; thence southwesterly 120.34 feet along
a tangential curve to the right having a radius of 1959.86 feet; thence
North 56 degrees 57 minutes 24 seconds East not, tangent to last
described curve a distance of 1319.26 feet; thence North 33 degrees
02 minutes 36 seconds West a distance of 12.50ffeet; thence North 56
degrees 57 minutes 24 seconds East a distance of 495.70 feet to the
east line of said Section 15; thence North 1 degree 15 minutes 22
seconds West a distance of 72.51 feet along the east line of said
Section 15 to the point of beginning, according to the Government
Survey thereof. Subject to easement for County State Aid Highway No.17.
EXCEPT which lies westerly of Bluff Creek, the centerline of said creek
described as follows:
Commencing at the northwest corner of the Southeast Quarter of
Section 15, Township 116 North, Range 23 West of the 5th Principal
Meridian; thence on an assumed bearing of South 89 degrees 00
minutes 25 seconds East, along the north line of said Southeast
Quarter, a distance of 718.45 feet to the point of beginning of the
centerline to be described; thence South 03 degrees 14 minutes 54
seconds West, a distance of 12.34 feet; thence South 12 degrees 17
minutes 21 seconds East, a distance of 18.26 feet; thence South 86
degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence
South 0 degrees 11 minutes 36 seconds East, a distance of 10.09 feet;
thence South 26 degrees 53 minutes 49 seconds East, a distance of
11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds
West, a distance of 513.32 feet; thence South 01 degrees 27 minutes
58 seconds East, a distance of 148.78 feet; thence South 08 degrees
14 minutes 13 seconds West, a distance of 114.78 feet; thence South
30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet;
thence South 30 degrees 12 minutes 30 seconds West, a distance of
95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a
distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds
West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10
seconds East, a distance of 15.14 feet; thence South 22 degrees 30
minutes 14 seconds West, a distance of 33.54 feet; thence South 08
degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence
. , .
.. . '
South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet;
thence South 15 degrees 39 minutes 39 seconds East, a distance"of 16.38
feet; thence South 06 degrees 00 minutes 17 seconds East, a distance
of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East a
distance of 3.27 feet to a point on the northerly line of the ~lwaukee,
St. Paul and Pacific Railroad, said point distance 586.57 feet
Northeasterly of the southwest corner of the above described property,
as measured along said northerly R/R line, and said line there
terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section IS,
Township 116 North, Range 23 West of the 5th Principal Meridian described
as:
Beginning at. the southeast corner of said Southeast Quarter of the
Northeast Quarter; thence on an assumed bearing of North 89 degrees
00 minutes 25 seconds West along the south line of said Southeast
Quarter of the Northeast Quarter a distance of 747.57 feet; thence
North 35 degrees 03 minutes 24 seconds East a distance of 1.50 feet;
thence northeasterly 1042.48 feet along a tangential curve to the
right having a radius of 2814.79 feet to the east line of said
Southeast Quarter of the Northeast Quarter; thence South 0 degrees
24 minutes 06 seconds East along the east line of said Southeast
Quarter of the Northeast Quarter a distance of 738.57 feet to the
point of beginning, according to Government Survey thereof. Subject
to easement for County State Aid Highway No. 17.
Torrens Certificate No. 33040.
I.