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Conditional Use Permit-Recorded 1-28-09 Thomas J. Roger N. Knutson Thomas M. Scott Elliott 1). Knetsch J. Andrea McDowell Poehler Soren M. Mattick li ~ lL III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff .M. McCarron 1380 Corporate Center Curve Suite 317 . Eagan, MN 55121 651-452-5000 Fax 651-452-5550 V{w\v~ck-la'v .com CAMPBELL KNUTSON *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com April 20, 2009 RECEIVED APR 2 2 2009 CiTY OF CHANHASSEN Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISe. RECORDED DOCUMENTS ~ CUP #2006-34A - Autobahn Motorplex Project No. 06-34 (part of the SE ~ of Section 25-116N-23W and Part of the SE ~ of the NE ~ of Section 25-116N-23W - Torrens Certificate No. 33486) Dear Kim: Enclosed for the City's files please find original recorded CUP #2006-34A in connection with the Autobahn Motorplex project which was recorded with the County on January 28, 2009 as Torrens Document No. T169321. Regards, CAMPBELL KNUTSON Professional Association SRN :ms Enclosure . T 169321 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # 200900000883 Cert. # 34005 Fee: $46.00 dl'l {))..; 0 Certified Recorded on 1/28/2009 at 10:30 ~ AM PM ~111619131211 III ;;?f& -- Carl W. Hanson, Jr. 3'1 P I 7 3 ~~o I 9 1.P~ O~ 3ti c!~trar of Titles Document No. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2006-34A 1. Permit. Subject to the terms and conditions set forth herein and in the previously approved Conditional Use Permit #2006-34, recorded on June 6, 2007 as Torrens Document No. TI63177, 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 and to permit the phased development of the project and allow forthe incremental expansion or revision of the property line, in conformance with the grading plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006; and B. For multiplebuildings (up to 14) on one parcel and to permit the phased development of the project and allow for the incremental expansion or revision of the property line. 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 and the conditions of the previously approved Conditional Use Permit #2006-34, recorded on June 6, 2007 as Torrens Document No. TI63177: Condiiional Use A: a. The Common Interest Community shall include the land within the Bluff Creek Primary zone within the common area of the site. Conditional Use B: a. Should the two building sites along Audubon Road develop with businesses unrelated to the Autobahn Motorplex Common Interest Community,then those sites shall be separated from the balance of the site into separate parcel(s). b. The development shall comply with the approved site plan for the project, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006. 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 authOJized 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 08, 2008 (SEAL) 1\. STATE OF MINNESOTA) ( 5S COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ISt!ttay of flf-~I by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corpora ion and pu uant to the authorit granted by its City Council. DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 I~VVVV''''VV,^'V'''A'V'oV' '.I'.I KAREN J. ttKiKHA~~ll.n Notary Public-Minn<::l$ota My Commission Expires Jan 31, 2010 ~, 2 EXHIBIT A Legal Description Those parts of the following described land: 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 12.50 feet; 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 3 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 15, 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. Except that part described as follows: Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds East, assumed bearing along the east line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line of the ~lwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, along the southerly boundary of the above described land and the Northerly line of the ~lwaukee, St. Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be described; thence continuing along the southerly boundary of the above described land and the Northerly line of the ~lwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 87.11 feet; thence continuing along the southerly boundary of the above described land and the Northerly line of the ~lwaukee, St. Paul and Pacific Railroad, South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing along the southerly boundary of the above described land and the Northerly line of the ~lwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet; thence North 33 degrees 26 minutes 11 seconds West, 321.63 feet; thence North 80 degrees 28 minutes East, 278.78 feet; thence North 56 degrees 52 minutes 50 seconds East, 127.97 feet; thence North 33 degrees 07 minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East, 54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38 degrees 47 minutes 48 seconds East, 26i.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 524.43 feet to the point of beginning. 4