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Conditional Use Permit Recording Transmittal 10-23-09 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 10/23/09 ATTENTION Sue Nelson RE: Document Recordin JOB NO. 09-16 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8] Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change Order o Plans 0 Samples 0 Specifications o Pay Request 0 _ COPIES DATE NO. DESCRIPTION 1 10/12/09 09-16 Amended and Restated CUP 79-06 (Lotus Lake Estates Beachlot) 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 t8J For Recording o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COpy TO: Lotus Lake Homeowners Association SIGNED: "" If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AlVIENDED AND RESTATED CONDITIONAL USE PERMIT #79-6 PLANNING CASE #09-16 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use pennit for the following use which replaces Conditional Use Pennit 79-6: A Conditional Use Pennit for a Recreational Beachlot 2. Property. The pennit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlot B, Lotus Lake Estates 3. Conditions. The pennit is issued to the Lotus Lake Homeowners Association with the following conditions: A. Rights Under This Pennit Not Expandable to Other Owners. This pennit is issued for the benefit of the owners of the 44 lots in Lotus Lake Estates. The use and enjoyment of the Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this agreement shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot in Lotus Lake Estates, including authorized guests and family members of any such persons. B. Certain Site Alterations Authorized. The following improvements may be installed on the Subject Property: 1. One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25, 1986, said swim area to be marked with a minimum of three anchored "swim area" buoys that are in accordance with the Uniform Waterway Marking System; said buoys to be anchored a reasonable distance from shore; and 2. A pedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said walkway to consist of wood chips installed on a sand base with boardwalk steps on the steep slope area of the walkway; and 3. Four boat racks to be located on land with a storage capacity of either six canoes or six small sailboats per rack; and 1 4. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal feet necessary to reach a water depth of four (4) feet; at the option of the Association, the final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square platform; and 5. One ten foot by ten foot (10' x 10') swimming raft, to be located in water having a minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest lake shore line; said raft shall project a minimum of (1) foot but not more than five (5) feet above the lake surface, and the corner of said raft shall be reflectorized; and 6. One conversation fire-pit hole, four feet by four feet (4' x 4') constructed of brick or masonry material, to be located on the northern edge of the sand blanket and no further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended northwesterly; and 7. Four sailboat moorings, to be located in the manner depicted on the site plan stamped "Received June 25, 1986". C. Trees. Except as provided in the permit, no portion of the Subject Property may be developed, altered, or disturbed in any way. Every reasonable effort must be made to keep tree loss at an absolute minimum. D. Erosion Control. Temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, must be maintained to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. All public streets must be kept free of all dirt and debris resulting from construction upon the Subject Property. E. Certain Structures Prohibited. Except for the alterations described in Section B above, no structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. F. Camping Prohibited. No owner, as defined in Section A hereinabove, or other person shall camp overnight on the Subject Property. G. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight or on a permanent basis on the Subject Property, except as follows: 1. Not more than twenty-four (24) canoes or small sailboats may be so stored overnight in the four boat racks described in Section B of this permit; and 2. Not more than nine (9) boats, motorized or non-motorized, may be docked overnight at the docks described in Section B of this permit; and 3. Not more than four (4) sailboats at the mooring described in Section B of this permit. 2 4. Except for construction equipment necessary for the execution of the plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. 5. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. H. Severability. In the event any provision of this permit shall be held invalid, illegal, or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. I. Proof of Title. Upon request, the Association shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the Subject Property. J. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, returned receipt requested, postage prepaid, with property address as indicated below. The City and the Association, by written notice given by one to the other, may designate any address or addresses, to be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen Attn: City Manager 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 To the Association: Lotus Lake Estates Homeowners Association Attn: President P.O. Box 63 Chanhassen, MN 55317 K. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in Section A above, with a copy of this permit within thirty (30) days of the signing of this permit and shall furnish each future owner, as that term is defined in Section A above, with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of any residential structures in Lotus Lake Estates. L. Reimbursement of Costs. The Association shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the Association. Such reimbursement shall be made 3 within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section J above. This reimbursement obligation of the Association under this section shall be a continuing obligation throughout the term of this permit. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 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. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 12,2009 CITY OF CHANHASSEN ,(SEAL) AND: STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thi~y1ay of ()r',\c"Jhev, 200-.5, 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 CilyCouncil. ~ - ~ "~4'-- \ ~ARY PUB C DRAFfEDBY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 j KIM T. MEUWISSEN , Notary Public-Minnesota My Oommission Expires Jan 31, 2010 4