Site Plan Permit 2003-6 Addendum A for Building B Recorded
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. SchaefFer, HI
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317 . Eagan, MN 55121
651-452-5000
Fax 651-452-5550
V'lww.ck-Iaw.com
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CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
September 21, 2009
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
SEP 2 3 2009
CiTY OF CHANHASSEN
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ Addendum "A" to Site Plan Permit #2003-6, Building "B"
- Century Gas, LLP
(Lot 2, Block 1, Arboretum Shopping Center)
Dear Kim:
Enclosed for the City's files please find original recorded Addendum "A" to Site Plan
Permit #2003-6, Building "B" for Century Gas, LLP, which was recorded with the
County on July 21, 2009 as Abstract Document No. 504691.
Regards,
CAMPBELL KNUTSON
Professional Association
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Enclosure
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CARVER COUNTY
REf;ORDER/REGISTRAR OF TITLES
DOf;1JMENT f;OVEB PAGE
l^
Document No.
A 504691
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY. MINNESOTA
Fee: $46.00 Receipt#:
Certified Recorded on 7/21/2009 at 12:30 0 AM PM
504691
111111111111
DOCUMENT .
TITLE: ~4 ~d'1!. liu. P~1i>2tJ03~ (3~13.
DOCUMENT
DATE: .
NAMES:
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "A"
TO
PLANNING CASE #08-22
SITE PLAN PERMIT #2003-6 BUILDING "B"
SPECIAL PROVISIONS
AGREEMENT dated January 12, 2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and CENTURY GAS, LLC, a Minnesota limited
liability company (the "Developer").
1. BACKGROUND. The City previously approved a site plan for a project on land legally
described as Lot 2, Block 1, Arboretum Shopping Center. Carver County, Minnesota.
2. PRIOR PERMITS. The City approved and entered into Site Plan Permit #2003.6 for the
project dated July 28, 2003, recorded October 25, 2004 as Document No. A399772 (hereinafter
referred to as the "Site Plan Permit"). Except as specifically modified and amended by this
Addendum "A", the Site Plan Permit shall remain in full force and effect.
3. MODIFICATIONS. The Site Plan Permit is modified and amended as follows:
Paragraph 7 is amended by adding the following special condition:
JJ. The City Council approves the site plan amendment for Arboretum Shopping Center (Site
Plan 03-06), Planning Case #08-22, to allow a drive-thru window and redesign parking
layout and site circulation as shown in plans dated received December 15, 2008, with the
following conditions and based on adoption of the attached Findings of Fact:
1. Approval of the site plan is contingent upon approval of the PUD amendment
allowing a drive-thru window.
2. The western three angled parking stalls must be striped and signed as compact stalls.
Any existing bufferyard plantings that are removed for the development must be
replaced within the same area. A landscape plan must be submitted to the city for
approval showing locations and species. The applicant may group plantings together
in order to add interest to the landscaping if the design does not diminish the
screening capacity.
3. The applicant shall work with staff to locate the patio and secondary entrance into the
space as shown in Exhibit A.
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4. RECORDING. This Addendum "A" shall be duly recorded against the subject property.
5. TIME OF PERFORMANCE. The Developer shall install all required screening and
landscaping by June 15,2010. 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.
6. SECURITY. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$17,500 (Landscaping). This amount has been calculated at a rate of 110% ofthe actual value
of improvement.
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AND:
BY:
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) ~
The foregoing instrument was acknowledged before me this I~ay 0 2009, by
Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, ofthe City ofCh ass, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council. J4
KARENJ. ENGELHARDT} ,~ -
Notary Public-Minnesota NOT UBLI -
My CommIssion Expires Jan 31,2010 .
DEVELOPER: CENTURY GAS, LLC
STATE OF MINNESOTA )
( ss
COUNTY OF J\eVW<fl:V\ )
The foregoing instrument was acknowledged before me this L day of J lA"L'l
2009 by U>C\ e.. \Lu~ the -'ylU ~ r~/(-j,il1Kv!- I
of Century Gas, LLC, a Minnesota limited liability company, on behalf of the company.
VICKI A LINDSTROM
Notary Public
Minnesota
My Commission Expires J~nuary 31, 2014
~ -ot~{tt~:,~~.~
{~L
NOTARY PUBLIC
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FEE OWNER CONSENT
JAC-NIC PROPERTIES, LLC, a Minnesota limited liability company, owner of all or
part of the subject property, the development of which is governed by the foregoing Site Plan
Permit, affirms and consents to the provisions thereof and agrees to be bound by the provisions as
the same may apply to that portion of the subject property owned by it.
Dated this rday of ~f ,2009.
JAC-NIC PROPERTIES, LLC
By ~-~ ~
Its CAv~~ /fir-
STATE OF MINNESOTA )
<-tl_ .' (ss
COUNTY OF ~ )
The foregoing instrument ~as acknowledged before me this ~ day of ,
2009, by V~ -.1 ~ the Ii - of
JAC-NIC PROPERTIES, LLC, a Minnesota limited liability comp y, on beha of the company.
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NOTARYPUBL
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
LAURA R. SIEGEL
NOTARY PUBLIC-MINNESOTA
, MY COMMISSION t~Pl.RES 1-31-2010
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MORTGAGE HOLDER CONSENT
INTER SAVINGS BANK, fsb, a United States of America corporation, which holds a
mortgage on all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, does hereby join in the execution of the foregoing Site Plan Permit for
the purpose of evidencing its consent thereto, subordinates its interest to the terms of the Site Plan
Permit, and agrees that the Site Plan Permit shall remain in full force and effect even if it forecloses
on its mortgage.
Dated this 11'4 day of J:7 ,2009.
INTER SAVINGS BANK, fsb
By:4?~' -
AN~ ~r
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STATE OF MINNESOTA )
COUNlY o~ ~ ss.
The foregoing instrument was acknowledged before me this iN day of
fty , 2009, bY~.., C. ~'''.7 and by
:1'.,6, J ~ /8"-1w- the V'i~ /h...I'VAV-- and
I/ic.r jI,.,,;/tM!1I- of INTER SAVINGS BANK, fsb, a United States of America
corporation, on its behalf.
LIZABETH B. ANDERSON
Notary Public
Minnesota
y Commission Expires January 31, 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
g:\plan\2008 planning cases\08-22 arboretum shopping center minor pud amendment for drive-thru\site plan agreement.doc
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