Letter from Campbell Knutson 02-10-2011 Site Plan Permit Recording Problemso9 -lam
CAMPBELL KNUTSON
Professional Association
Direct Dial. (651) 234 -6222
E- mailAddress: snelson@ck- law.com
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
Joel J. Jamnik
Andrea McDowell Poehlcr
Soren M. Mattick
John F. Kelly
Henry A. Schaetfer, III
Alina Schwartz.
Samuel J. Edmunds
Marguerite M. McCarron
Mr. Bob Generous
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN — MISC. RECORDING PROBLEMS
➢ SITE PLAN PERMIT 09 -13 —Autobahn Motorplex /Bruno Silikowski
(Part of SE 1/4 of Section 15- 116 -23 and Part of SE 1/4 of NE 1/4
February 10, 2011
FEB 1 4 201,
CITY OF CHANHASSLN
of Section 15- 116 -23V)
Dear Bob:
Per our telephone conversation the other day, this is to advise in writing that I have
been going round and round with the County for a year now trying to get the above
referenced Site Plan Permit recorded — this last time around the Torrens Examiner got
involved. The problems are as follows:
• Site Plan Permit 09 -13 approves an amendment to the site plan for Autobahn
Motorplex, Planning Case #09 -13, permitting the installation of decks on the
certain units in approved locations; and describes the torrens property in the
original Autobahn Motorplex site plan (Site Plan Permit #06 -34) for the land
described in Torrens Certificate No. 33040 in the name of Autobahn
Motorplex, LLC.
1380 Corporate Center Curve
Suite 317 • Eagan, MN 55121
651 - 452 -5000
Fax 651- 452 -5550
w`vw.ck- law.com
• The land in Torrens Certificate No. 33040 was subdivided in January 2007
which created new Torrens Certificate Nos. 33485 and 33486, both in the
name of Autobahn Motorplex, LLC, and cancelled Torrens Certificate No.
33040.
On November 7, 2007 Autobahn Motorplex filed a Common Interest
Community ( "CIC ") plat named Auto Motorplex CIC Plat, CIC Number 131,
which included the property described in Torrens Certificate Nos. 33485 and
33486, together with additional real estate. Filing the CIC plat cancelled
Torrens Certificate Nos. 33485 and 33486 and created four new certificates of
title, all in the name of Autobahn Motorplex, LLC. Two of the new certificates
Mr. Bob Generous
City of Chanhassen
February 10, 2011
Page 2
covered the common areas and additional real estate, and two of the new
certificates covered the individual condo units in the CIC.
• Autobahn Motorplex then started selling some of the individual condo units in
the CIC plat, creating more new certificates of title that are not in the name of
Autobahn Motorplex.
Since the above referenced Site Plan Permit concerns installation of decks on
individual units, it is the opinion of both the County Surveyor and Torrens Examiner
that this permit be recorded against the certificates of title for the common areas and
additional real estate still in the name of Autobahn Motorplex, LLC as well as against
the certificate of title for each individual unit involved (the County Registrar's office
estimates the number of certificates at 67 +). The Torrens Examiner also stated that we
must include signed/notarized consents to the Permit from the fee owners of all
affected units before the Permit can be filed. FYI— recording the Permit against 67+
certificates of title would cost $1,366± in recording fees.
Given all of the above issues and the extremely high cost of the recording fees, I am
enclosing and returning to you for your files the unrecorded original Site Plan Permit
as you requested.
You should also keep in mind (and maybe put a note in your file on Autobahn
Motorplex) that the above issues will more than likely come up again with any
additional site plan permits or amendments to the site plan for this property.
Regards,
CAMPBELL KNUTSON
Professional Association
Y . 7 Z. �,
�;s n R. Nelson, Legal A istant
SRN:ms
Enclosure
cc: Kim Meuwissen (letter only)
CITY OF CHANHASSEN
SITE PLAN PERMIT #09 -13
SPECIAL PROVISIONS
AGREEMENT dated August 24, 2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City'), and AUTOBAHN
MMORPLEX LLC, a Minnesota limited liability company (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve an
amendment to the site plan for Auto MotorPlex, Planning Case #09 -13, permitting the
installation of decks in the locations highlighted in the staff report (referred to in this Permit as the
"project "). The land is legally described as shown on the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written.
terms of this Permit, the written terms shall control. The plans are:
Plan A - -Site Plan dated 10/19/06, prepared by Sathre - Bergquist, Inc.
Plan B -- Grading Plan dated 10/19/06, prepared by Sathre - Bergquist, Inc.
Plan C-- Landscaping Plan dated October 27, 2006 prepared by Arteka Companies.
Plan D-- Utility Plans dated 10/19/06, prepared by Sathre- Bergquist, Inc.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 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.
5. 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 ") as
specified in site plan permit 06 -34. If the Developer requests a Certificate of Occupancy prior to
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the installation of site landscaping, then the developer shall provide to the city a letter of credit or
cash escrow in an amount sufficient to insure the installation of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Mr. Bruno Silikowski
3615 Zircon Lane North
Plymouth, MN 55446
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (95 2) 227 -1100.
7. Other Special Conditions. The amendment to the site plan for Auto MotorPlex,
Planning Case #09 -13, permitting the installation of decks in the locations highlighted in the staff
report, plans prepared by Sathre - Bergquist, Inc., dated 10 -19 -2006, subject to the following
conditions:
a. The development shall comply with the conditions and requirements of site plan Planning
Case #06 -34.
b. The decks shall not encroach into or above any easements
c. Deck structures will require a building permit. Required submittal documents include:
1) Design (and signature) by a professional, structural engineer.
2) Revised civil drawings by the respective design professional.
d. If decks /exterior balconies are to be constructed, the City will need to review the plans to
determine if a fire sprinkler head will be required under the deck/balcony.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
CITY OF , g NHASSWF
BY:
ThoiWs A. Furlong, May
AND:
odd Gerhardt, City Manager
STATE OF M NNESOTA
( ss
COUNTY OF CARVER )
4-h
The foregoing instrument was acknowledged before me thi�day of �, 200q,
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.
I• W
N ARY P IC
° yT968T "
STATE OF MINNESOTA ) w'A KIM T. MEUWISSEN
[. [. Notary Public- Minnesota
COUNTY OF CC f q C (- ) • +i My Commission Expires Jan 31, 2010
The foregoing instrument was acknowledged before me this +h day of 4c)V,,,, ber ,
200 by Bruno Silikowski., the VP of Operations of AU LOBAHN MOTORPLEX LLC, a.
Minnesota limited liability company, on beha f of the company.
NOTARY T
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
KIM T. MEUWISSEN
Notary Public- Minnesota
My Commission Expires Jan 31, 2010
EXHIBIT A
Legal Description
That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the
5` Principal Meridian described as follows:
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 00 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 curce concave
to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43
minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds
east, not 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 57 degrees 57
minutes 24 seconds East not tangent to the 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
feel 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 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, Range 23 West of the 5` 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 00 degrees 11 minutes 26
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 seconds;
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 degrees36 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 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet
rd
to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said
point a distance of 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line ther
terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116
Range 23 West of the 5` Principal Meridian described as:
Beginning in 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 00
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.
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developers and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
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7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers Placement of on -site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
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G. Waivers /Amendments The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording This Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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