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Restated and Amended Conditional Use Permit 07-4 Recorded Document Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 . Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-Iaw.com o ,<oL.f CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com November 4, 2008 RECEIVED NOV 5 - 2008 CITY OF CHANHASSEN Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ Amended and Restated Site Plan Permit #2007-04 ~ Amended and Restated CUP #07-04 (T -Mobile 149-foot Telecommunications Tower and 6-ft Privacy Fence on Outlot A, Halla Maryanne Addition) Dear Kim: Enclosed for the City's files please find original recorded Amended and Restated Site Plan Permit #2007-04 concerning construction of a 149-foot telecommunications tower and a 6-foot privacy fence on Outlot A, Halla Maryanne Addition, which was recorded with Carver County on February 28, 2008 as Abstract Document No. A479189. Also enclosed is a photocopy of recorded Amended and Restated CUP #07-04 for the 149- foot telecommunications tower on Outlot A, Halla Maryanne Addition which was sent to the County Recorder under the same transmittal letter as Amended and Restated Site Plan Permit #2007-04 and was recorded on February 28,2008 as Abstract Document No. A479188; however, I never received the original recorded Amended and Restated CUP back from the County. Did it get sent back to the City by mistake? Please let me know if you have it! ~ No Regards, CAMPBELL KNUTSON Professional Association B~_)O~,~ SU R. Nelson, Legal A istant SRN:ms Enclosures ~... . ~ .. Document No. A 479188 OFACE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Checfd#: 1~./ Certified Recorded on 02-28-2008 at 11:3~A'~D PM I 11111I1111 D I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES j...~ CONDITIONAL USE PERMIT #07.04 VRESTATED AND AMENDED CONDmONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for a 149-foot telecommunication tower. 2. ProDertv. The permit is for the following described property ("subject property") in the City ofChanhassen, Carver County, Minnesota: Outlot A, Halla Maryanne Addition 3. Conditions. The permit is issued subject to the following conditions: a. The applicant shall enter into a conditional use permit agreement and submit financial security to guarantee the improvements. b. The tower shall comply with the requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. c. The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. d. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information sign age required by the manufacturer or by Federal, State, or local authorities. e. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type of antennas that can be accommodated should also be provided. f. The monopole color shall be the brand "Tnemac" and the color "Blue Elusion". I "", g. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated. h. If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit shaH become void" 4. Termination of Permit. The City may revoke the permit folIowing a public hearing for violation of the terms of this permit. s. ~ 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: November 26. 2007 CITY OF CHANHASSEN ~ Thomas A. Furlong, Mayor ~ JJt-- Todd Gerhardt, City Manager " By: STATE OF MINNESOTA) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 14-\-h day Of~l'\lJ.,U~ ' 2008, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhas en, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. J. :. _ . )J1Yb NO~~~ DRAFfEDBY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55311 (952) 227-1100 I KIM T. MEUWISSEN I Notary Publlc-Mlnnesota /' M>) Commlssloll expIres Jan 31. 2010 g:\plan\2007 planning cascs\07-04 l-mobile\1 0-5.07 application\condilional use pennil agreement.doc 2 (\~./f .. .... ~ LandShark :: Display Document . Page 1 of2 C Carver County ~> la rldshark ~~!~~it~1 I Document Name Legal Vol/Page Tax Liens Torrens Results Detail % A479188 Instrument Code: AMN Instrument Date: 1/14/2008 Verified: YES Date Recorded: 2/28/2008 Time Recorded: 11 :30 AM Adjusted: NO Fees: $46.00 Returned: MAIL (REGULAR) . I Display Details for Document #A479188 Detail Returned To: CAMPBELL KNUTSON Address 1: SUITE 317 EAGAN DALE OFFICE Address 2: 1380 CORPORATE CENTER CURVE City/StlZip: EAGAN, MN 55121 Grantor 1: CHANHASSEN CITY OF Grantee 1: PUBLIC Comments: Cartridge: Certificate of Title: 0 Transfer Fee: Grantor 2: Grantee 2: Volume: Page: R ference: Ref Inst: Exempt Code: Ref Vol/Page: Mortgage: Document 1 of 1 Access to, and use of, this web service is subject to the terms and conditions of the Disclaimer and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. http://landshark.co.carver .mn. us/LandShark/ getdoc.j sp?DocNums[]=A4 79188 11/4/2008