Recording Transmittal 11-26-08
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE
11/26/08
ATTENTION
Sue Nelson
RE:
Document Recordin
JOB NO.
08-05
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8J Attached D Under separate cover via the following items:
D Shop drawings
D Copy of letter
D Prints
D Change Order
D Plans 0 Samples 0 Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 5/12/08 08-05 Site Plan Aqreement 08-05 for Walqreen's
1 08-05 Quit Claim Deed (Sev-41, LLC to Sev-41, LLCT
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o Approved as submitted
o Approved as noted
o Resubmit copies for approval
o Submit copies for distribution
o As requested
o Returned for corrections
o Return corrected prints
o For review and comment
o FOR BIDS DUE
[8J For Recording
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Max Heitzmann, Anxon, Inc.
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 08-05
SPECIAL PROVISIONS
THIS AGREEMENT (this "Site Plan Agreement") dated May 12, 2008, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Sev-41, LLC, a
Limited Liability Corporation (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 14,490 square-foot retail building containing a pharmacy with a drive-thru and a
4,500 square-foot retail building and upgrade to the fa9ade of an existing strip mall, Planning
Case 08-05, for Seven Forty-One Crossing (referred to in this Site Plan Agreement as the
"Project"). The land is legally described as follows:
Parcel A:
That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota
described as follows:
BEGINNING at the northwest comer of said Lot 1; thence on a assumed bearing of South
03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a distance of
254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a distance of 50.02 feet;
thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North
86 degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99
feet along a tangential curve concave to the northwest having a radius of 45.00 feet and a
central angle of 82 degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16
seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89
degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the
POINT OF BEGINNING.
Parcel B:
That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota lying
southerly southeasterly and easterly of the following described line:
COMMENCING at the northwest comer of said Lot 1; thence on a assumed bearing of
South 03 degrees 29 minutes 16 seconds West along the westerly line of said Lot 1 a
distance of254.85 feet to the point of BEGINNING of the line to be described; thence South
86 degrees 30 minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees 29
minutes 16 seconds East a distance of 28.56 feet; thence North 86 degrees 13 minutes 46
seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential
curve concave to the northwest having a radius of 45.00 feet and a central angle of 82
degrees 44 minutes 30 seconds; thence North 03 degrees 29 minutes 16 seconds East a
distance of 169.77 feet to the north line of said Lot 1 and said line there terminating;
SP-1
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes the security
required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A: (Cl.Ol) Title Sheet dated received May 01,2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
Plan B: (C2.01) Demolition Plan dated received May 01,2008, prepared by MFRA, McCombs Frank
Roos Associates, Inc.
Plan C: (C3.01) Site Plan dated received May 01,2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
Plan D: (C4.0 1) Grading Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
Plan E: (C5.01) Erosion Control PlanlSWPPP dated received May 01,2008, prepared by MFRA,
McCombs Frank Roos Associates, Inc.
Plan F: (C6.01) Utility Plan dated received May 01,2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
Plan G: (C9.01) Civil Details dated received May 01,2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
Plan H: (Ll) Landscape Plan dated received May 01, 2008, prepared by MFRA, McCombs Frank Roos
Associates, Inc.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2009. 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.
5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $ 182,963. This amount has been calculated at a rate of 110% ofthe actual value of
improvement (grading, erosion control, landscaping, etc.). The City will release the security posted
in accordance with the City Code.
SP-2
6. Notices. 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:
Mr. Max Heitzmann, Vice President
Anxon, Inc.
601 Marquette Avenue South, Suite 100
Minneapolis, MN 55402
Phone: 612.465.0861 (office)
612.341.9131 (fax)
763.443.8613 (mobile)
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.
7. Other Special Conditions. On May 12,2008, the City Council adopted the
following motions:
I. SITE PLAN REVIEW
"The City Council approves the two site plans consisting ofa 14,490 square-foot retail building
containing a pharmacy with a drive-thru, and a 4,500 square-foot retail building and upgrade to
the fayade of an existing strip mall, Planning Case 08-05, for Seven Forty-One Crossing as
shown in plans dated received March 17,2008, revised May 1, 2008, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Conditions common to both site plans:
A. All site improvements, including the building pad for the future retail building and
remodeling of the existing strip mall, must be constructed concurrently.
B. If importing or exporting of material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
C. Work with staff to develop additional treatment of storm water for this site.
D. Revise the drainage calculations. The drainage calculations state an assumption of off-site
runoff without information as to how the assumption was made. E4 is shown in the rational
method calculations but is not shown on the drainage maps. Darken drainage boundaries so
that the map is easier to follow. Also, the pond south of this site has an additional inlet and
outlet that are not shown on the plan. The pre-development runoff rates must be maintained
post-development for a 2-, 10-, and 100-year storm event.
SP-3
E. All of the utilities within the boundary should be privately owned and maintained. These
utilities must be covered by a cross-access agreement.
F. Determine actual elevations of existing utilities. The ductile iron watermain must be poly
wrapped.
G. Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1,
Seven Forty One Crossing will get credit for three trunk sewer and water charges. The 2008
trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the
time of building permit issuance. All of these charges are based on the number of SAC units
assigned by the Met Council and are due at the time of building permit issuance.
H. 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 must also notify the
City after installation of the erosion control and 48 hours prior to the commencement of
grading. Permits from the appropriate regulatory agencies will be required, including the
MPCA and the Dept. of Health.
1. The construction details shown on the plan must be updated to the 2008 City of Chanhassen
Specifications.
J. The applicant shall submit a set of "as-built" plans signed by a professional engineer upon
completion of the construction of the site.
K. Fire Marshal Conditions:
1) A PIV (Post Indicator Valve) is not required.
2) As building plans are submitted I will review and comment on them as necessary.
3) Contact Chanhassen Fire Marshal for location of "No Parking Fire Lane" signs and
curbing to be painted yellow. Per MSFC Sec. 503.3
4) A 3-foot clear space shall be maintained around the circumference of fire hydrants except
as otherwise required or approved. Per MSFC Sec. 508.5.5.
5) Posts, fences, vehicles, growth, trash, storage, and other materials shall not be placed or
kept near fire hydrants, fire department inlet connections or fire protection control valves
in a manner that would prevent such equipment or fire hydrants from being immediately
discernible. The fire department shall not be deterred or hindered from gaining
immediate access to fire protection equipment or fire hydrants. Per MSFC Sec. 508.5.4
L. Building Official Conditions:
1) The buildings are required to have automatic fire extinguishing systems.
2) Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3) Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
SP-4
4) Of the 234 parking spaces proposed a minimum of seven must be handicap accessible
with two of the seven "van-accessible".
5) Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
6) The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
M. The applicant shall enter into a site plan agreement with the city and provide the necessary
financial securities as required for landscaping.
N. The minimum depth of all recessed walls is four inches.
O. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment
must be screened from views.
P. Approval of the site plan is contingent upon approval of the vacation, conditional use permit
and administrative subdivision.
Q. All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may
not occupy more than 15% of the sign area.
R. Wall-mounted signs shall meet ordinance requirements
S. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide
adequate levels of safety. The ordinance requires no more than 0.5 foot candle at the
property line. Light fixtures and site lighting plans shall meet ordinance requirements.
T. Environmental Resource Specialist Conditions:
1) Applicant shall increase landscape plantings to meet minimum requirements. A revised
landscape plan shall be submitted to the City prior to issuance of a building permit.
2) All landscape islands shall have a minimum inside width of 10 feet. At least one
additional landscaped island or peninsula is needed in the parking lot.
3) Approval of clearing limits along the west property line must be given by the city before
any trees are removed.
4) Existing trees on the west property line shall be removed only within the proposed
grading limits. No proposed landscape material will be allowed to be planted within the
existing wooded area unless approved by the City. Planting locations must be field
located.
U. Water Resource Coordinator Conditions:
1) A rainwater garden shown in the northwest comer of the property shall include the
following design parameters: The Erosion Control/SWPPP Plan and Landscape Plan
shall be modified per this the following requirements:
SP-5
a. Underdrain shall be installed and connected to the proposed stormwater conveyance
system;
b. Engineered soils shall be incorporated into the rain garden per the 2005 Minnesota
Stormwater Manual unless soil borings are provided for this area indicating
appropriate soils for infiltration already exist;
c. Deep rooted plants shall be used in the rain garden;
d. The feature shall drain within 48 hours and shall not exceed 18 inches of inundation;
e. The rain garden area shall be protected so as to preclude the operation of heavy
equipment in the area.
2) The applicant shall apply for and obtain permits from the appropriate regulatory agencies
and comply with their conditions of approval.
V. The proposed trail in MnDOT right-of-way will require a limited use permit (LUP)
from MnDOT. This permit must be secured by the developer prior to construction.
Also, the applicant shall provide a pedestrian connection from the trail to the
interior of the development.
W. Upgrade of the building fa~ade of the existing strip mall shall occur prior to issuance of a
certificate of occupancy of either of the new buildings.
Conditions specific to individual sites:
Retail Building (Walgreens) with an area of 14,490 square feet located on Lot 1, Block 1:
A. Remove the multiple-tenant building to be demolished prior to commencement of grading.
B. The grading plan needs to be revised. Normal water level ofthe existing pond should be
shown on the plan. Existing contour information should be shown 100' north of the site.
Show emergency overflows on the plan. A benchmark shall be added to the grading plan.
Keep a minimum 2% slope in the grass areas, 1 % in the pavement areas, and .5% along the
curb lines.
C. The applicant shall provide the City the necessary financial security in the form of a letter of
credit or cash escrow in the amount of $12,000.00 to guarantee the installation of the storm
water treatment, erosion control, and seeding.
D. Revise the plans to reflect a maximum hard surface coverage of 65%.
E. The overhead door along the south elevation shall be redesigned to reflect a door design
similar to those located on the north elevation of the Walgreens building located on West 79th
Street.
F. The applicant shall revise the plans to reflect the reduction in the size of the trash enclosure
from 50 feet to 19 feet in width.
SP-6
Retail Building with an area of 4,500 square feet located on Lot 2, Block 1:
A. The grading plan needs to be revised. Normal water level of the existing pond should be
shown on the plan. Show emergency overflows on the plan. A benchmark shall be added to
the grading plan. Keep a minimum 2% slope in the grass areas, I % in the pavement areas,
and .5% along the curb lines.
B. The retaining wall located east of the future retail building shall be constructed at the time of
the construction of the building. This will help minimize the size of the retaining wall if a
smaller building than proposed is constructed. Building permits are required for all retaining
walls four feet tall or higher and must be designed by a Structural Engineer registered in the
State of Minnesota.
C. The applicant shall provide the City the necessary financial security in the form of a letter of
credit or cash escrow in the amount of $4,000.00 to guarantee the installation of the storm
water treatment, erosion control, and seeding.
D. Approval of the site plan is contingent upon approval of Conditional Use Permit 05-05."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP-7
(SEAL)
CITY OF CHANHASSEN
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this~day of ~. , 2008,
by Tom 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
by its City Council.
1~f\'\"'I'./\I'VVV'^~1
KARb'll ,,i. ENGELHARDT
Notarv pu[)lic.Minnesota
u.. My CommIssion Expires Jan 31, 2010
STATE OF MINNESOTA )
( ss
COUNTY OF j-k AJ,VE:f'lAl )
~~
BY:
The foregoing instrument was acknowledged before me this::A- f> day of 6e--- ~Ler-
2008, by Max Heitzmann, Manager of SEV -41, LLC.
JEREMY PAUL KNUTSON
NOTARY PUBlIC-MINNESOTA
MY COMMISSION EXPIRES 01.31.2011
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
SP-8
CONSENT OF MORTGAGEE
BNC National Bank, a national banking association ("Mortgagee"), the mortgagee under that certain
Mortgage and Security Agreement and Fixture Financing Statement recorded March 27, 2008 in the
Office of the County Recorder, Carver County, Minnesota as Document No. A480785 and that certain
Mortgage and Security Agreement and Fixture Financing Statement recorded March 27, 2008 in the
Office of the County Recorder, Carver County, Minnesota as Document No. A480787 (collectively, the
"Mortgages") hereby consents to the City of Chanhassen Site Plan Agreement 08-05 dated May 12,
2008 (the "Site Plan Agreement"). Mortgagee agrees that the Mortgages shall be subordinate to the
Site Plan Agreement.
Dated this ..0- day of October, 2008.
BNC NATIONAL BANK
a nationM b:g ~oc;tion
By: \( ) If I f
Brian K. Whitemarsh
Its: Executive Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this "23t1Dday of October, 2008, by Brian K.
Whitemarsh, the Executive Vice President of BNC National Bank, a national banking association, on
behalf of the national banking association.
~~
Notary Public
r-
SARA D. ABBAS
Notary Public-Minnesota
My Commission Expires Jan 31, 2009
Drafted By:
Grover C. Sayre, III, esq.
Leonard, O'Brien, Spencer, Gale & Sayre, Ltd.
100 South Fifth Street, Suite 2500
Minneapolis, Minnesota 55402
612-332-1030
388613
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) Site Plan 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
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. 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 site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan E, 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 or 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 Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. 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 removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowing materials, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
GC-1
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
7. Responsibility for Costs.
A. 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 site
plan approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses, which the City may payor incur in consequence of
such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. 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 Site Plan Agreement
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.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy 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.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
GC-2
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Site Plan Agreement.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until the
streets needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now or
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.
J. Construction Hours. The normal construction hours under this Site Plan
Agreement shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of
all internal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. 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 first
provided, the two soil treatment sites identified during the site plan 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.
L. ComlJliance with Laws, Ordinances, and Regulations. In the development of the
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
GC-3
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. 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
too enter into this Site Plan Agreement.
N. 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.
O. 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.
g:\plan\2008 planning cases\08-05 walgreens\site plan agreement Walgreens.doc
GC-4
(top three inches reserved for recording)
QUIT CLAIM DEED
LLC TO LLC
DEED TAX DUE: $
DATE:
RECITALS
A. Sev-41, LLC ("Parcel A Owner") is the owner of that certain parcel of property located in Chanhassen,
Minnesota that is legally described as (hereinafter referred to as "PARCEL A"):
LOT 1, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA.
B. Sev-41, LLC ("Parcel B Owner") is the owner of that certain parcel of property located in Chanhassen,
Minnesota that is legally described as (hereinafter referred to as "PARCEL 8'):
LOT 2, BLOCK 1, SEVEN FORTY ONE CROSSING, CARVER COUNTY, MINNNESOTA
C. The Parcel B Owner wishes to grant and convey a certain portion of Parcel B to the Parcel A Owner.
CONVEYANCE
FOR VALUABLE CONSIDERATION, PARCEL B OWNER, a limited liability company organized under the laws of the State of
Minnesota ("Grantor") hereby conveys and quitclaims to PARCEL A OWNER, a limited liability company organized under the
laws of the State of Minnesota ("Grantee') all real property owned by Parcel B Owner that is situated within Parcel A, as that
parcel is described on Exhibit A, which is attached hereto and incorporated herein by this reference. The intent and effect of
this conveyance shall be that, subsequent to the conveyance, the Parcel A Owner shall be the record owner of all real
property identified as Parcel A in Exhibit A attached hereto.
The Grantor certifies that the Grantor does not know of any wells on the described real property.
I
/
Quit Claim Deed
Page 1012
ACKNOWLEDGMENT
Cc vt' A;eDB c (~lC:~ N\~ .
STATE OF MINNNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me on OCTOBER 13, 2008, by LAWRENCE W. ABDO, in his capacity as Chief
Manager of SEV-41, LLC, a Minnesota limited liability company.
WITNESS my hand and seal this ~D ~y of
JEREMV PAUl KNUTSON
NOT ARV PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01.31-2011
My Commission Expires:
I f 1> f f1D11
/ I
THIS INSTRUMENT WAS DRAFTED BY:
William M. Sheahan, esq.
601 Marquette Avenue, So., Suite 100
Minneapolis, Minnesota 55402
TAX STATEMENTS FOR THE REAL PROPERTY CONVEYED BYTHIS
INSTRUMENT SHOULD BE RETURNED TO:
<;E\{ - L-{ \ I L-L-C
((JOl oM ~\ '1GTTT:? ~
~(re (00
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Quit Claim Deed
Page 2 of 2
EXHIBIT A
PROPERTY DESCRIPTION
Parcel A:
That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver County, Minnesota described as follows:
BEGINNING at the northwest corner of said Lot 1; thence on a assumed bearing of South 03 degrees 29 minutes 16 seconds
West along the westerly line of said Lot 1 a distance of 254.85 feet; thence South 86 degrees 30 minutes 44 seconds East a
distance of 50.02 feet; thence North 03 degrees 29 minutes 16 seconds East a distance of 28.56 feet; thence North 86
degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence northeasterly 64.99 feet along a tangential curve
concave to the northwest having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes 30 seconds; thence
North 03 degrees 29 minutes 16 seconds East a distance of 169.77 feet to the north line of said Lot 1; thence North 89
degrees 05 minutes 09 seconds West along said north line a distance of 282.55 feet to the POINT OF BEGINNING.
Quit Claim Deed
Exhibit A
City Clerk's Certification
Pursuant to M.S. 272.162
The undersigned hereby certifies:
(Check one of the following:)
~ That City subdivision regulations do not
~ apply to this instrument.
That the subdivision of land affected by this
instrument has been approved by the
governing body of the City of Chanhassen.
That municipal restrictions on the filing and
recording of this instrument have been
waived by a resolution of the governing
body of the City of Chanhassen.
That this instrument does not comply with
municipal subdivision restrictions and the
affected land and its assessed valuation
should not be divided by the County
Auditor.
Dated:J 0/30,1 oS
BY~ rl ~''{\.0.. v-<: v\
'B'ePuty Chanhassen City Clerk
Printed Name:5
EXHIBIT A
(cant.)
PROPERTY DEPICTION
~,,'/ NO.7
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Quit Claim Deed
Exhibit A