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Amended and Restated CUP 87-2 and IUP 92-1 Recorded 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 Cfj- fO CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com January 28, 2009 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 .JJ\N ,2 H 2009 I.).;~';':--. RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ Amended & Restated Conditional Use Permit #87-2 and Interim Use Permit #92-1- Nick's Storage & Parking Site (1900 Stoughton Ave - Part of SE y,. of SW y,. and the SW y,. of the SE y,. of Section 34, Township 116, Range 23) Dear Kim: Enclosed for the City's files please find original recorded Amended and Restated Conditional Use Permit #87-2 and Interim Use Permit #92-1 for the Nick's Storage and Parking Site for a mini-storage facility and for screen outdoor storage on the Nick's Storage & Parking site. This document was recorded with the County on November 12, 2008 as Abstract Document No. 491605. Regards, CAMPBELL KNUTSON Prole . nal Association SRN :ms Enclosure B' ~ (;ARVER .(;OIJNTY RE(;ORDER/REGISTRAR OF T.T..F..~ DO(;U~IENT (;4 Document No. OFFICE OF THE COUNTY RECORDER A 491605 CARVERCOUNTY,MINNESOTA Fee: $ 46.00 Check#: 19680 Certified Recorded on 11-12-2008 at 01:00 0 A 491605 IIUIIIIII UII / DOCUMENT TITLE: ~Mt!Lai2 ~ - CM.P RaJJikL DOCUMENT DATE: . NAMES: .~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND REST A TED CONDITIONAL USE PERMIT #87-2 INTERIM USE PERMIT #92-1 1. Permit. Subject to the terms and conditions set forth herein and with the Conditional Use Permit 87-2/ mterim Use Permit 92-1 recorded with Carver County on April 23, 1992, Document No. 134346, the City of Chanhassen hereby grants: a) A Conditional Use Permit for a mini-storage facility. b) Interim Use Permit for screened outdoor storage. 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 subject to the following conditions: a. The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase III in the attached Exhibit B and the area shall have a gravel or grass surface. b. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area. 1. The applicant shall submit a letter of credit to cover the cost of material installation and a one-year warranty. c. Drainage and utility easement is shown but must be revised to include: 1. Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement. 2. Provide drainage and utility easement description and drawing. 3. Drainage and utility easement must cover entire 944 contour on the east side of the pond. d. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. e. Plans and report must be signed by a registered engineer registered in the state of Minnesota. f. Security of $12,000 must be provided to the City for the construction of the pond and maintenance of erosion control. g. The pond must be completed no later than November 15, 2008. 1 h. A detailed erosion control plan will be needed. At a minimum, this plan shall include: 1. Erosion control blanket (category 3) on all slopes 3: 1 or steeper. This includes the ponds. 2. Perimeter silt fence needs to be shown. 3. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation is encouraged north of the outdoor storage area. 4. An inspection of erosion control must be conducted prior to construction commencement. 1. Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. (This would include Phase ill of Parcel A). J. The 60 outdoor storage units shall not increase the hard surface coverage on the site. k. The outdoor storage shall be removed from the site upon completion of Phase ill of the mini- storage facility. 1. Sign 2, the ground low profile along Old Highway 212, must be removed. m. Sign 4, the directional sign at the comer of Old Highway 212 and Stoughton A venue, must be removed. n. Sign 1, the entrance sign along Stoughton Avenue: 1. Shall meet the definition of a ground low profile sign in that it must be in contact with the ground; 2. May not exceed 64 square feet of sign display area; 3. May not be greater than 8 feet in height; 4. A sign permit must be approved prior to alterations and Signs 2 and 4 must be removed prior to sign permit approval. o. Sign 3, the pylon sign along Old Highway 212 - A sign permit must be approved prior to alterations and Signs 2 and 4 must be removed prior to sign permit approval. 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. 2 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 13, 2008 CITY OF CHANHASSEN (SEAL) Gerhardt, City Manager AND: STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this.l7~ay Of~200K, by Thomas A. 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. !' .~ KAREN J. ENGELHARDT' Notary Public-Minnesota My Commission Expires Jan 31,2010 DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 3 ~~ 'to: ,. , :i' . < EXJlI:BIT A. All tbat part of ~heSE 1/4 of.the.SW,I/4 of Section 34, Township 116, Range 23, Carver County, Hinne'dhaj describ~d 88 follows: ". Commencing at the SE corner of 88id SW 1/4 Section 34-116-23 .running thence North along 1/4 line to the South. line of right of way of Milwau~e and St. Louis Railway Co..; thence Southwesterly a100g South 1ioe of .aid r1ght of way to South line of aaid Section 34; thence East along said Section line to place of beginning. Being all that part of SE 1/4 of SW 1/4 said Section lying South of right of way of said Milwaukee and St. Louis Railway Co.. and con- taining 2 1/2 acres. AND The SW 1/4 of the SE 1/4 of Section 34. Township 116. Range 23. lying southerly of the Southeasterly right of way line of the Chicago and Northwestern Railway COmpany. Carver C?unty, Minnesota. EXCEPTING therefrom the fOllowing described .parcels: Parcell: A strip of land over and across the SW 1/4 of SE 1/4 Section .34-116-23 being 53 feet in width on each side of center line of Trunk Highway No. 51, and said .center line beins.described as follows: Fro. a point on East line of aaid Section distant 874.8 feet Northerly from the Southeast corner of said Section; thence running in 8 Southwesterly direction at an engle of 82.54' with said Section line for'. distance of 1000.5 feet to. point; thence deflect to the right 9.00' on curve With delta angle of 57.07' and radius of 716.8 feet for a distance of 441.4 feet more or less to the East line of said SW 1/4.of SE 1/4; thence continuing on said curve for a distance of 272.6 feet to a point; thence on a tangent to said curve for If distance of 272.6 feet to a point; thence on a tanlent to said curve for a distance of.8l9.6 feet to a point; thence deflect to the left on a lSoOO' curve with delta angle of 95026' and radius of 383.1 feet for a distance of 393 feet more or less to the North and South 1/4 line of said Section and there terminating excepting therefrom that part of the right of way of Hinneapolis and St. Loui. Railway Company which liea within aaid strip. Parcel 2: Beginning at point 20.00 chains Weat fro. SE corner of said Section 34 running thence Horth 4.06 chain. to center of Chasta and Shakopee .Road; thence South 64030' West 8.93 cbdn.; thence Eeet 8.16 chains to place of beginning. Containing 1.65 acres. Par~el 3: Commencing at SE corner.of SW 1/4 of SE 1/4; thence North 4.06 chains to center of Chaska and Shakopee Road. the point of beginning of tract to be conveyed herewith; thence South 64.30' West 170 feet to point of center of said road; thence North and parallel to' Bast line of aaid SW 1/4 of SE 1/4 to South line of Trunk Highway No. 51; thence Southeasterly along South line Truck" Highway RD. 51 to point where lame intersects East line of said SW 1/4 of. SE 1/4; thence South along said East line to place of beginning. Containing 1/2 acre, more or le8s. Parcel 4: Co_encing at .the point of intersection of the Ealt line of the ~~ 1/4 of the SE 1/4 of Section 34-116-23. and the Northerly right of way line of U.S. Trunk Highway #21~. .s the same presently exists and runs through s.id S~ 1/4 of 51 1/4 of Section 34. which .aid point of intersection is the place of beginning of the land to be herein described; thence running Northwesterly along said Northerly right of way line a distance of 292 feet to a point thereon; thence turning and running Bast parallel to the South Section line of Said Section 34. a distance of 329 feet. more or lell to the said Ealt line of the SW 1/4 of the SE 1/4 of Section 34.; thence turning and running South. along said East line !l distance of 312 feet more or Ie.. to the place of beginning, .lying and b.eini in the SW 1/4 of SE 1/4 of Section 34-116-23 and con- taining 1.10 acres .of land. more or leSS. . f 'r ~~) c.:: ::;'.~~~:.,..:'- i i ~ i cl_ ~ ~J i i I "~ ! 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