Restated CUP dated 07-07-86
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CITY OF CHANHASSEN
RESTATED CONDITIONAL USE PERMIT
BEACHLOT - LOTUS LAKE ESTATES
This restated conditional use permit and agreement made
and entered into this 7th day of July, 1986, by Lotus Lake.
Estates Homeowners Association (hereinafter the "Association"),
and the City of Chanhassen, a Minnesota municipal corporation
(hereinafter referred to as the "City");
WITNESSETH: That the City, in exercise of its powers
pursuant to M.S. S462.357, and other applicable state law, and
S14 of the Chanhassen Zoning Ordinance, hereby grants to the
Association herein a restated conditional use permit to maintain
and operate a private neighborhood association recreational area
upon Outlot B, Lotus Lake Estates, Carver County, Minnesota
(hereinafter the "Subject ,Property"), subject to the following
terms and conditions, all of which shall be strictly complied
with as being necessary for the protection of the public
interest.
SECTION 1.
RECITALS.
. 1.01. Prior Platting of Lotus Lake Estates. BT Land
Company (hereinafter "BT") has previously platted tract of land
in the City as Lotus Lake Estates, consisting of 44 residential
lots and 3 outlots.
1.02. Outlot B. In connection with the platting of said
Lotus Lake Estates, BT entered into a development contract with
the City of Chanhassen, dated January 5, 1979, wherein BT agreed
to orgapize a homeowners association for the purpose of owning
and operating the Subject Property for the benefit of the owners
of properties lying within said plat. Section 28 of said develop-
ment contract provided that BT suffer no alterations of the
Subject Property except after first having obtained a permit from
the City setting forth a plan for the alteration and development
of the Subject Property.
Said Section 28 also provides that, for purposes of
said development contract, said permit would be deemed to be a
conditional use permit and that the application process and pro-
cedure would be as set forth in Section 23 of the Chanhassen
Zoning Ordinance, which sets forth the application procedure for
actual conditional use permits.
1.03. Homeowners Association. BT incorporated the
Association for the purpose of acquiring and maintaining certain
common properties including the Subject Property for the benefit
of the owners of lots in the plat of Lotus Lake Estates.
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J 1.04. March 10, 1981 Conditional Use Permit. Upon appli-
cation of BT, the Chanhassen City Council on July 21, 1980,
,approved the issuance of a permit for the alteration of the
Subject Property. Said permit, entitled "Conditional Use Permit
Beachlot - Lotus Lake Estates", was executed by BT and the
Association on March 10, 1981.
1.05. June 1, 1981 Application for Amendment of ..permit.
On June 1, 1981, the Association, with the knowledge and consent
of BT,filed with the City an application for amendment of the
March 10, 1981 Conditional Use Permit, requesting City approval
of further development of the Subject Property.
1.06. City Council Approval. On August 12, 1981, the
City's Planning Commission held a public hearing on said June 1,
1981, application and approved issuance of a revised permit
authorizing further development of the Subject Property.
1.07. April 22, 1982 Conditional Use Permit. The above
described March 10, 1981 Conditional Use Permit was superceded by
the Conditional Use Permit executed on April 22, 1982.
1.08.
On July 18,
cation for
requesting
Property.
July 18, 1984 Application for Amendment of Permit.
1984, the Association filed with the City an appli-
amendment of the Restated Conditional Use Permit
City approval of further development of the Subject
1.09. City Council Approval. On August 8, 1984, the
City's Planning Commission held a public hearing on said July 18,
1984 application. On August 20, 1984, the City's Board of
Adjustments and Appeals held a public hearing and approved a
variance to allow four sailboat moorings. The City Council, by
its motion of November 19, 1984, approved issuance of a revised
permit authorizing the installation of said moorings.
1.10. May, 1986 Application for Amendment of Permit. The
City of Chanhassen initiated a Conditional Use Permit Amendment
application requesting further development of the Subject
Property.
1.11. City Council Approval. On May 28, 1986, the City's
Planning Commission held a public hearing on the amendment appli-
cation. On July 7, 1986, the City Council approved the issuance
Of a revised permit authorizing further development of the
Subject Property.
SECTION 2.
SPECIAL CONDITIONS.
2.01. Permit Not Transferable. This permit is personal
~. to the Association, and is not assignable or transferable, except
~upon the written consent of the City.
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.~ 2.02. Rights Under This Permit Not Expandable to Other
'Owne~ This permit is issued for the benefit of the owners of
the 44 lots in Lotus Lake Estates. The Association agrees that
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 S2.02 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.
2.03. Description of Property Subject To This Permit.
The premises subject to the within conditional use permit are
described as follows:
Outlot B, Lotus Lake Estates, according to the map
or plat thereof on file and of record in the Office
of the County Recorder, in and for Carver County,
Minnesota.
2.04. Certain Site Alterations Authorized. The
Association is hereby authorized to install the following
improvements on the Subject Property:
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se.
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
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
four boat racks to be located on land with a storage
capacity of either six canoes or six small sail boats
per rack; and
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 (la' x 10') square
platform; and
One ten foot by ten foot 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 one (1) foot
but not more than five (5) feet above the lake surface,
and the corner of said raft shall be reflectorized; and
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^g.
One conversation pit-fire hole, three (3) feet in
diameter with a si~(6} foot apron constructed of brick
or masonry material, to be located landward of the walk-
way and no further north than the northerly line of Lot
32, Block 1, Lotus Lake Estates, extended northwesterly;
and -
Four sailboat moorings, to be located in the manner
depicted on the site plan stamped "Received June 25,
1986".
Except as provided in this permit, no portion of the
Subject Property may be developed, altered, or disturbed in any way.
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?05. Trees. In carrying out the above described altera-
tions:-the Association agrees to use every effort to keep tree
loss at an absolute minimum.
2.06.
Reserved.
2.07. Erosion Control. The Association, at its expense,
shall provide temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as shall be needed,
in the judgement of the City Engineers, to prevent the washing,
flooding, sedimentation and erosion of lands and roads within and
outside the Subject Property during all phases of construction.
BT ~nd the Association shall keep all public streets free of all
dirt and debris resulting from construction upon the Subject
Property.
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2.08. Certain Structures Prohibited. Except for the
( alterations described in Section 2.04 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.
2.09. Camping Prohibited. No owner, as defined in
o Section 2.02 hereinabove, or other person shall camp overnight on
~the Subject Property.
2.10. 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:
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not more than twenty-four canoes or small sail boats may
be so stored overnight in the four boat racks described
in Section 2.04 of this permit; and
not more than nine boats, motorized or non-motorized,
may be docked overnight at the docks described in Section
2.04 of this permit.
not more than four sailboats at the mo~ring described
in Section 2.04(g) of this permit.
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~ Except for construction equipment necessary for the exe-
cution 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.
o No boat trailer shall be allowed upon the Subject
Propertt. 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.
SECTION 3.
MUNICIPAL DISCLAIMERS.
~ 3.01. No Liability to Suppliers of Labor or Material. It
Y is understood and agreed that the City, the City Council and the
agents and employees of the City shall not be personally liable
or responsible in any manner to the Association, its contractors,
or subcontractors, materialmen, laborers, or to any other person,
firm or corporation whomsoever, for any debt, claim,demand,
damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this permit and
agreement or the performance and completion of the work and
improvements hereunder and the Association will save the City,
the City Council, and the agents and employees of the City
harmless from any and all claims, damages, demands, actions or
causes of action arising therefrom and the costs, disbursements,
and expenses of defending the same.
\ 3.02. Wri tten Work Orders. The Association shall do no
) work nor furnish materials, whether covered or not covered by the
plan, for which reimbursement is expected from the City unless a
written order for such work or materials is received from the
City. Any such work or materials which may be done or furnished
by the Association without such written order first being given
shall be at its own risk, cost and expense, and the Association
hereby agrees that without such written order, it will make no
claim for compensation for work or materials so done or fur-
nished.
SECTION 4.
MISCELLANEOUS.
;~ 4.01. Severability. In the event any provisions of this
permit shall be held invalid, illegal, or unenforceable by any
court or competent jurisdiction, such holding shall not invali-
date or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
\A 4.02. Execution of Counterparts. This permit may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall cbnstitute but one
and the same instrument.
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4.04. Proof of Title. Upon request, the Association
.J\shall furnish the City with evidence satisfactory to the City
~ 'that it has acquired fee title to the Subject Property.
.\ 4.05. Notices. All notices, certificates and other com-
~munications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, return 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
which notices, certificates or other communications to them shall
be sent when required as contemplated by this permit. Unless
otherwise provided by the respective parties, all notices, cer-
tificates, and communications to each of them shall be addressed
as follows:
To the City:
City of Chanhassen
City Hall
690 Coulter Drive
Chanhassen, MN 55317
Attn: City Manger
To the Association:
Lotus Lake Estates Homeowners Assoc.
Attn: President
P.o. Box 63
Chanhassen, MN 55317
4.06. Owners to be Notified of This Permit. The
\)Association shall furnish each owner, as that term is defined in
Section 2.02 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 2.02 above, with a
copy of this permit, within thirty (30) days of any such owner's
initial occupancy of any residential structure in Lotus Lake
Estates.
4.07. Term of This Permit. This permit shall expire on
JUly2T; 2010.
SECTION 5.
ENFORCEMENT PROVISIONS.
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5.01. Reimbursement of Costs. The Association shall
reimbure the City for all costs, including reasonable engi-
neering, legal, planning and administrative expenses incurred by
the City in connection with all matters relating to the admi-
nistration and enforcement of the within permit and the perfor-
mance thereby by the Association. Such reimbursement shall be
made within fourteen (14) days of the date of mailing of the
City's notice of costs as provided in Section 4'.05 above.
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This reimbursement obligation of the Association under this sec-
tion shall be a continuing obligation throughout the term of this
,- permi t .
(5 5.02.
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1,b.
Remedies Upon Default.
Assessments. In the event the Association shall default
in the performance of any of the covenants and
agreements herein contained, and such default shall not
have been cured within ten CIO) days after receipt the
Association of written notice thereof, the City, if it
so elects, may cause any of the improvements described
in the plan to be constructed and installed or may take
action to cure such default and may cause the entire
cost thereof, including all reasonable engineering,
legal and administrative expense incurred by the City,
to be recovered as special assessment under M.S. Chapter
429, in which case the Association agrees to pay the
entire amount of the assessment roll pertaining to any
such improvement within thirty (30) days after its adop-
tion. The Association further agrees that in the event
of its failure to pay in full any such special
assessment within the time prescribed herein, the City
shall have a specific lien on the Subject Property for
any amount so unpaid, and the city shall have the right
to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's lien under the laws of the
State of Minnesota. In the event of an emergency, as
determined by the City Engineers, the notice require-
ments to the Association shall be and hereby are waived
in their entirety, and the Association shall reimburse
the City for any expense incurred by the City in
remedying the conditions creating the emergenc"y.
Leqal Proceedinqs. In addition to the foregoing, 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.
IN WITNESS WHEREOF, the parties her~to have caused these
presents to be executed on the ~ day of fVOJ/6""bF'f{ I?l'~ .
LOTUS LAKE ESTATES HOMEOWNERS
ASSOCIATION
By lJ~()VM
Its . ~f
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And .. , .{/~/'UA~
Its t/D<..P --- ~4 ~
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It: Ma or . . .
Attest 4 Ckso
City C erk/Manager .
STATE OF MINNESOTA}
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COUNTY OF }
On this .Jf.>: day of lilJ\{eb\.t\J..b.{' , before me, a notary
public, within and for said-county, personally appeared
6c{Y'1 A. WeJe..l.... and TtrfJA1.ce- {, O'j?Jrr<2.V'- , to
me pers nally know, who, being each by me duly sworn did say that
they are respectively the President an Vice-President of Lotus
Lake Estates Homeowners Association and that said instrument was
signed on behalf of said authority of its Board of Directors, and
said (:;0.("1 A. IAJi1..(~t.. and 7ereJ1N?_ v: (J(6-ri~
acknowledgea said instrument to be the free a and deed of said
corporation.
,
~~.. RICK D. MURRAY
'-.!~. NOTARY PUBLIC -..........
\~ CARVER COUNn
My eolMlilliOn Ellplfft Aug. ,4. ,.
STATE OF MINNESOTA)
} ss
COUNTY OF CARVE~ }
On this I~~ day of J9v~ , 19~G, before me,
a notary public, within and for the county, personally appeared
Thomas L. Hamilton and Don W. Ashworth, to me personally known,
who, being each by me duly sworn did say that they are respec-
tively the Mayor and the 'City Manager of the municipal cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the municipal corporate seal of
said municipality, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
e KAREN J. ENGELHARDT
. NOTARY PUBUC. - MINNESOTA
CARVER COUNTY
My COl1lIIllMIoft uplrea 1G-1U1
djc~~a0Lr'
o ary ubll.C
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