Letter from CK 11-4-08
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
08-6/
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 4, 2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
NOV 5 - Z008
CITY OF CHANHASSEN
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ WETLAND ALTERATION PERMIT #08-07 - For Filling of 0.13 Acres of
Wetland as Part ofthe Development of Audubon Corporate Center 1 st
Addition
Dear Kim:
Here is another one! I sent the above permit to the County for recording by transmittal
letter dated June 25,2008; however, to date, I have not received the original recorded
permit back from the County. I searched the County land title records and obtained
the enclosed copy of the recorded permit for our files - it was recorded on June 27,
2008 as Abstract Document No. A485904, but I have no idea where the original went.
Did it by any chance get sent directly to you? Please check and advise.
~
~tS
Regards,
CAMPBELL KNUTSON
Professional Association
SRN:ms
Enclosure
08-67
Document No.
A 485904
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 19055 /
Certified Recorded on 0&-27-2008 at 12:00 0 AMJZf PM
485904
III B!l1111
CITY OF CHANHASSEN
CAR VER AND HENNEPIN COUNTIES, MINNESOTA
WETLAND ALTERATION PERMiT #08-07
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration pelmit for the following use:
Wetland Alteration Permit for filling of 0.13 acres of wetland as part of the
development of the Audubon Corporate Center 151 Addition as shown on the plans
prepared by McCombs Frank Roos Associates, Inc., dated February 15. 2008,
revised February 29.2008 and April 4, 2008.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
Part of the North half of the Southwest Quarter of Section 14, Township 116, Rangc
23. Carver County, Minnesota. described as follows:
Beginning at a point on the west line of said North half of the Southwest Quarter,
821.90 feet, measured along said west line, southerly of the northwest comer of said
North Half of the Southwest Quarter said west line assumed to bear South 2 degrees
r 1 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds Ea~t, a
distance of 550.00 feet; thence North 2 degrees 11 minutes OJ seconds West,
parallel with said west line, a distance of J 80.00 feet; thence North 32 degreeS 05
minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way
line of the Chicago, Milwaukee, S1. Paul and Pacific Railroad. as recorded in Bock
23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along
said southeasterly light of way line, a distance of 260.00 feet to said west line of the
NOtth half of the Southwest quarter; thence South 2 degrees J I minutes 01 seconds
East, along said west line, a distance of 615.32 feet to the point of beginning.
Subject to County Road No. 17 over the westerly 33.00 feet of the above described
parcel.
3. Conditions. The permit is issued subject to the following conditions:
a. The applicant shall produce an Application for Withdrawal of Wetland Credits and
a purchase agreement for the application to be considered complete. Upon receipt
of this information, a notice of application will be sent to the required recipient list
and comments must be accepted for at least 14 days. At the end of the comment
period, a decision on the proposed impacts and mitigation can be finalized. It
appears that sequencing flexibility would be applicable to this wetland.
b. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer
must be maintained around all wetlands on the property. Secondary structures are
allowed to encroach up to 50% of the setback. It appears that the retaining wall has
exceeded the allowed encroachment and needs to be moved out of this 15-foot
setback. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant must install wetland
buffer edge signs, under the direction of City staff, before construction begins and
must pay the City $20 per sign.
c. The retaining wall needs to be moved so that it is at least 15 feet from the edge of
the buffer or 35 feet from the wetland edge.
d. That portion of the wetland buffer adjacent to the proposed earthwork shall be
planted in a suitable native seed mix.
e. As the area at the toe of the retaining wall is unlikely to be mowed, a suitable
BWSR seed mix shall be used below the retaining wall within the area to be graded.
f. Approval of the subdivision in no way should convey to the applicant, the land
owner or any subsequent owners and occupants approval of the wetland impacts
indicated within Wetland 2 as shown on the conceptual grading plan or any other
wetland impacts resulting from the development of this parcel. Any grading, which
as a result of the development of Lot 2 occurs on Lot J (Outlot A). must provide
sediment and erosion control best management practices to protect the wetland and
the buffer area.
g. In order for any impacts to occur on the nOlthem parcel. Lot 1 (Outlot A), a detailed
site plan and wetland application would need to be submitted. With this submittal. a
thorough discussion of sequencing considerations for wetland avoidance and/or
impact minimization is required.
h. The applicant need'i to show that the wetland was avoided or provide documentation
indicating why wetland avoidance is not possible. Jf wetland avoidance was shown
to the satisfaction of the Local Government Unit to not be possible. the applicant
would need to show that the impacts were minimized to the greatest extent
practicable.
I. No impacts are indicated for Wetland 3 and a no net loss decision will be rendered
for this area."
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4. Ri ght to Proceed. No wetland impacts to any wetland on the Lot .l, Audubon Corporate
Center 1st Addition, can occur until the credits have been debited from the Minnesota Wetland
Mitigation Bank and a copy of this approval has been mailed to the regulatory authorities, including
the City of Chanhassen, the account holder and the user of the credits.
5. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
6. Lapse. If within one year of the issuance of this pennit the authorjzed 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.
7. Criminal Penalty. Violation of the terms of this wetland alteration permit is a crimina!
misdemeanor.
Dated: April 14, 2008
SEAL
~~.-iJj
-Thdd Gerhardt, City Manager
By:
3
STATE OF MINNESOTA)
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 14tl1 day of April, 2008, by
Thomas A. Furlong. Mayor and Todd Gerhardt, City Manager. of the City of Chanhassen, a
Minnesota municipal corporation. on behalf ofthe corporation and pursuant to authority granted by
its Chy Council.
~
DRAFfED BY:
City of Chanha<;sen
7700 market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
I
.,
KAREN J. ENGELHARDT I
Not. my. Public.Minnesota
My Comm~alor; ~Ir"~ .)an 31, 2010
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