Recorded Documentsio -i2
CAMPBELL KNUTSON
PIN
Professional GG
iA
A 11 F 11 1
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
June 17, 2011
Re: City of Chanhassen - U.S. Home Corporation
Outlot B, Reflections of Lake Riley 1 St Addition
Dear Ms Steckling:
Enclosed herewith for your files are the following original, recorded
documents relating to the closing that occurred on April 4, 2011 in the above
matter:
1. Development Contract for Reflections at Lake Riley 1 St Addition,
recorded April 6, 2011, as Document No. A536066;
2. Grant of Temporary Turnaround Easements from U.S. Home
Corporation to the City, recorded April 6, 2011, as Document No.
A536069;
3. Grant of Temporary Turnaround Easement from U.S. Home
Corporation to the City, recorded April 6, 2011, as Document No.
A536070;
4. Quit Claim Deed from U.S. Home Corporation to the City for Outlot
A, Reflections of Lake Riley 1 St Addition recorded on April 6, 2011,
as Document No. A536071;
5. Limited Warranty Deed from U.S. Home Corporation to the City for
Outlot B, Reflections of Lake Riley 1 St Addition recorded on April
6, 2011, as Document No. A536073; and
6. Owner's Policy of Title Insurance in the name of the City of
Chanhassen for Outlot B, Reflections of Lake Riley 1 St Addition
(Policy No. 5011400- 0152967e).
Ms. Jean Steckling
June 17, 2011
Page Two
If you have any questions regarding the above, please give me a call.
Very truly yours,
Campbell Knutson
Professional Association
By:
Carole J. Hoeft
Legal Assistant
cjh
Enclosure
cc: Mr. Todd Hoffman
Ms. Kim Meuwissen
0
Document No . OFFICE OF THE
A 536066 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00
Certified Recorded on 4/6/2011
1111111111111111
Receipt#: RA 2011000028
at 11:08 AM ❑ p M
uri ren
t;o� ty R corder
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
REFLECTIONS AT LAKE RILEY IST ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
T T CO rFs y
SOOTHE F E OFFi , 0E P LAZA
W,. ATE. 265
X5437
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TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL ................................................. ...........................SP -1
2. CONDITIONS OF PLAT APPROVAL ............................................. ...........................SP -1
3. DEVELOPMENT PLANS ................................................................. ...........................SP -1
4. IMPROVEMENTS ......................................................................... ............................... SP -2
5. TIME OF PERFORMANCE .......................................................... ............................... SP -2
6. SECURITY ..................................................................................... ............................... SP -2
7. NOTICE .......................................................................................... ............................... SP -3
8. OTHER SPECIAL CONDITIONS ..................................................... ...........................SP -3
9. GENERAL CONDITIONS ............................................................ ............................... SP -7
GENERAL CONDITIONS
1 .
RIGHT TO PROCEED .................................................................. ...............................
GC -1
2 .
PHASED DEVELOPMENT ......................................................... ...............................
GC -1
3.
PRELIMINARY PLAT STATUS ..................................................... ...........................GC
-1
4.
CHANGES IN OFFICIAL CONTROLS .......................................... ...........................GC
-1
5 .
IMPROVEMENTS ............................................................................ ...........................GC
-1
6 .
IRON MONUMENTS ................................................................... ...............................
GC -2
7 .
LICENSE ....................................................................................... ...............................
GC -2
8.
SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC
-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OROTHER BUILDING ....................................................... ...........................GC
-2
9 .
CLEAN UP .................................................................................... ...............................
GC -3
10.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC
-3
11 .
CLAIMS ........................................................................................ ...............................
GC -3
12 .
PARK DEDICATION ....................................................................... ...........................GC
-3
13 .
LANDSCAPING ............................................................................... ...........................GC
-3
14 .
WARRANTY .................................................................................... ...........................GC
-4
15 .
LOT PLANS .................................................................................. ...............................
GC -4
16.
EXISTING ASSESSMENTS ............................................................ ...........................GC
-4
17 .
HOOK -UP CHARGES ...................................................................... ...........................GC
-4
18.
PUBLIC STREET LIGHTING .......................................................... ...........................GC
-4
19 .
SIGNAGE .......................................................................................... ...........................GC
-5
20 .
HOUSE PADS ................................................................................... ...........................GC
-5
21.
RESPONSIBILITY FOR COSTS ..................................................... ...........................GC
-5
22 .
DEVELOPER'S DEFAULT .............................................................. ...........................GC
-6
22.
MISCELLANEOUS
A Construction Trailers ............................................................. ...........................GC
-6
B . Postal Service ......................................................................... ...........................GC
-7
C Third Parties ........................................................................... ...........................GC
-7
D Breach of Contract ................................................................. ...........................GC
-7
E Severability ............................................................................ ...........................GC
-7
01
F. Building Permits
G. Waivers / Amendments .................... ...............................
H. Release ........................................... ...............................
I. Insurance ........................................ ...............................
J. Remedies ........................................ ...............................
K. Assignability .................................. ...............................
L. Construction Hours ........................ ...............................
M. Noise Amplification ....................... ...............................
N. Access ............................................ ...............................
O. Street Maintenance ......................... ...............................
P. Storm Sewer Maintenance ............. ...............................
Q. Soil Treatment Systems ................. ...............................
R . Variances ........................................ ...............................
S. Compliance with Laws, Ordinances, and Regulations.
T. Proof of Title .................................. ...............................
U. Soil Conditions ............................... ...............................
V. Soil Correction ............................... ...............................
W. Haul Routes ....................................... ...............................
X. Development Signs ............................ ...............................
Y. Construction Plans ............................. ...............................
Z. As -Built Lot Surveys ......................... ...............................
.... ............................... GC -7
.... ............................... GC -7
........ ...........I ...............GC -7
.... ............................... GC -7
.... ............................... GC -8
........ ...........................GC -8
....... ...........................GC -8
... ............................... GC -8
... ............................... GC -8
... ............................... GC -8
... ............................... GC -9
.... ............................... GC -9
.... ............................... GC -9
... ............................... GC -9
... ............................... GC -9
. ............................... GC -10
................................. GC -10
... ............................... GC -10
... ............................... GC -10
... ............................... GC -10
... ............................... GC -11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
REFLECTIONS AT LAKE RILEY 1ST ADDITION
SPECIAL PROVISIONS
AGREEMENT dated February 28, 2011 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and, US Home Corporation, a corporation under the
laws of the State of Delaware (the 'Developer ").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
REFLECTIONS AT LAKE RILEY 1ST ADDITION (referred to in this Contract as the "plat ").
The land is legally described on the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved January 28, 2011, prepared by Pioneer Engineering.
Plan B: Grading, Drainage and Erosion Control Plan dated January 28, 2011, prepared by
Pioneer Engineering.
Plan C: Plans and Specifications for Improvements dated January 28, 2011, prepared by
Pioneer Engineering.
Plan D: Landscape Plan dated January 28, 2011, prepared by Pioneer Engineering.
SP -1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2011. The Developer may, however,
request an extension of time from the City Engineer. 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 Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached
hereto, from a bank acceptable to the City, or cash escrow ( "security ") for $982,083.72. The
amount of the security was calculated as 110% of the following:
Erosion Control and Restoration $ 125,700.00
Sanitary Sewer $ 134,800.00
Watermain $ 79,200.00
Storm.Sewer, Drainage System, including cleaning and maintenance $ 124,200.00
Streets $ 250,000.00
Street lights and signs $ 3,000.00
Sub - total, Construction Costs $ 716,900.00
Engineering, surveying, and inspection (7% of construction costs)
Landscaping (2% of construction costs)
Special assessments (to be re- assessed to the lots and outlots in the final plat)
Sub - total, Other Costs
$ 50,183.00
$ 14,338.00
$ 111,382.38
$ 175,903.38
TOTAL COST OF PUBLIC IMPROVEMENTS $ 892,803.38
SECURITY AMOUNT (110% of $892,903.38) $ 982,083.72
SP -2
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down. If the security is drawn down, the draw shall be used to cure the default. With City approval,
the security may be reduced from time to time as financial obligations are paid, but in no case shall
the security be reduced to a point less than 10% of the original amount until (1) all improvements
have been completed, (2) iron monuments for lot corners have been installed, (3) all financial
obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a
warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. 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 registered
mail at the following address:
Jon Aune
US Home Corporation
935 East Wayzata Boulevard
Wayzata, MN 55391
Phone: 952- 249 -3000
Copy to:
Jerry Perron
Leonard, Street and Deinard Professional Association
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
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 (952) 227 -1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
1. A $982,083.72 letter of credit or escrow for the developer - installed improvements, the
$42,637..86 cash administration fee and the fully- executed development contract must be
submitted and shall be submitted prior to scheduling a pre - construction meeting.
SP -3
2. The $42,637.86 cash fee was calculated as follows:
Administration Fee $ 19,338.00
Street Lighting Charge (for electricity), 2 lights at $300.00 $ 600.00
GIS fee, $25 (plat) + 21 parcels x $10 /parcel $ 235.00
Surface Water Management Fee $ 10,608.86
Arterial Collector Fee $ 11,856.00
$ 42,637.86
B. PLANNING DEPARTMENT CONDITIONS OF APPROVAL
1. A sign reading, "This Road Will Be Extended in the Future" shall be placed at the west
end of Chesterfield Lane.
2. The applicant shall enter into a development contract and submit the required fees and
securities.
C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL
1. All work and drainage discharge within the MnDOT easement must be approved by
MnDOT.
2. The public drainage and utility easement on the north side of the development must be
vacated when this area is platted into lots and blocks.
3. The existing building and driveway on the north side of the site must be removed.
4. Based on the proposed grading, a low area will be created west and north of the
Chesterfield Lane street stub. The developer must install storm sewer to prevent water
from ponding in the area.
5. An encroachment agreement is required if for the entrance monument at the Highland
Court intersection at Lyman Boulevard.
6. The developer must provide a roadway, drainage and utility easement for the portion of
the temporary turnaround that lies outside of the right -of -way.
7. The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat, which is calculated as follows:
4.94 developable acres x $2,400.00 /acre = $11,856.00
SP -4
D. WATER RESOURCES COORDINATOR CONDITIONS OF APPROVAL
1. The applicant, with the assistance of the city, must show that adequate capacity exists
within the North Bay storm sewer system to accommodate the proposed drainage area to
be directed to North Bay.
2. The NPDES General Stormwater Permit for Construction Activity must be applied
for and obtained prior to any earth- disturbing activities. Proof of this must be
provided to the city.
3. Two -foot sumps shall be included with structures NM-103, NM-203 and ME-222 or
construct forebay in corresponding pond.
4. The SWMP fees for the first addition of this subdivision, in the amount of $10,608.86,
are due at the time of final plat.
5. The applicant shall be responsible to assure that all other agency permissions are applied
for and resulting conditions are met.
6. A Landowner Statement and Contractor Responsibility form will need to be filled out
and submitted to the LGU (City of Chanhassen) and the DNR. The form can be found
at: http: / /www.bwsr.state.mn.us/ wetlands /forms /Contractor_ Responsibility doc
7. Appendix A C.1 and C.2 must be addressed including:
a. Exposed soil areas must be stabilized as soon as possible but never later than
seven (7) days.
b. A discussion of the feasibility of infiltration and the appropriate response to
these findings.
E. ENVIRONMENTAL RESOURCES COORDINATOR CONDITIONS OF APPROVAL
1. All trees proposed to be preserved shall be protected by tree preservation fencing.
Fencing shall be installed prior to grading.
F. PARKS AND RECREATION DEPARTMENT CONDITIONS OF APPROVAL
1. Successful transfer of Outlot B (4.83+ acres) to the City of Chanhassen concurrent with
the final plat through a combination of dedication (3.08+ acres) and fee purchase (1.75±
acres) at a cost of $112,716 per acre, for development and use as a public neighborhood
park
SP -5
2. BUILDING OFFICIAL CONDITIONS OF APPROVAL
Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and
proposed mitigation reports.
2. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3. Retaining walls over four feet high must be designed by a professional engineer and
require permits, inspections and final approval.
4. Each lot must be provided with separate sewer and water services.
S. The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
6. If applicable, existing home(s) affected by a new street name will require address changes.
3. FIRE MARSHAL CONDITIONS OF APPROVAL
1. Submit alternative street name for "Highland Court" (proposed street name conflicts with
existing street in northwest portion of the City).
2. No burning permits will be issued. Trees, shrubs, etc., must be removed from the site or
chipped.
3. Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction.
4. A three -foot clear space must be maintained around fire hydrants.
Temporary street signs shall be installed as soon as construction begins. Signs shall be
of an approved size as required by the Chanhassen Fire Marshal. They shall be weather -
resistant and maintained until replaced by permanent signs.
6. Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided.
7. The proposed hydrant between Lots 3 and 4, Block 2 must be relocated to the intersection
of Highland Court and Chesterfield Lane.
SP -6
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP -7
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this .6 t ik day of T Al�� ,
2011, 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.
4 f4 N
'u8 KAREN J. ENGELHARDT
Notary Public- Minnesota
»• MY Commission Expires Jan 31, 2015
•
US HOME CORPORATION
BY:
ignature)
Printed Name: �p�� 4t
Title: �p
STATE OF 1 ! �J )
(ss.
COUNTY OF " t f l'� ) )
The foregoing instrument was ackno ledged before me this day of
r '
2011, by . �(1 \ a'� the �, E '�_ ��,� C� ( -J -i , � of US Home Corporation a
Corporation under the laws of the State of Delaware, on behalf of the corporation.
Nichole Lynn Kurtz NOTARY PUBLIC
NOTARY PUBLIC
STATE OF MINNESOTA
My Commission Expires 1 -31 -2013
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
d..
EXHIBIT " A "
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
All that part of Government Lot 2 and the Northwest Quarter of the Northeast Quarter of Section
24, Township 116, Range 23, Carver County, Minnesota, lying south of MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -17, according to the
recorded plat thereof, said Carver County and lying northerly of the centerline of Lyman Boulevard
per Doc. No. T90333 and 189939. Said centerline is described as follows:
Beginning at the west quarter corner of said Section 24; thence South 89 degrees 08 minutes
52 seconds East, where the east -west quarter line bears South 89 degrees 47 minutes 54
seconds East, a distance of 2186.62 feet; thence easterly, a distance of 28.00 feet, along a
tangential curve, concave to the north, having a radius of 800.00 feet and a central angle of
02 degrees 00 minutes 19 seconds; thence North 88 degrees 50 minutes 49 seconds East, a
distance of 629.36 feet; thence easterly, a distance of 11.92 feet, along a tangential curve,
concave to the south, having a radius of 800.00 feet and a central angle of 00 degrees 51
minutes 14 seconds; thence North 89 degrees 42 minutes 03 seconds East, a distance of
592.50 feet; thence northeasterly, a distance of 550.91 feet, along a tangential curve,
concave to the northwest, having a radius of 450.00 feet and a central angle of 70 degrees 08
minutes 38 seconds; thence North 19 degrees 33 minutes 26 seconds East, a distance of
149.08 feet; thence northeasterly, easterly and southeasterly, a distance of 954.67 feet, along
a tangential curve, concave to the south, having a radius of 510.00 feet and a central angle of
107 degrees 15 minutes 06 seconds and there terminating.
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Li Wi L nth, rT-711) - PN1T- T e
fee owners of all or part of the subject property, the'develoiment of which is governed by the
foregoing Development Contract, affirm and consent to the previsions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated the .� g day of Mf�RcH , 20I I .
i
STATE OF MINNESOTA )
ss.
COUNTY OF CIS iZy )
The foregoing instrument was acknowledged before me this '21Rm-1 day of MKFLH ,
201, by JOHN K.Li Nb-ELWITZ QED Of
s! Ll Na ELH UlL � ELt��IVI
SUSAN A KERBER
Notary Public
E State of Minnesota
,�: �... • My Commission Expires
' January 31 , 2015
otary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
7529451vl
IRREVOCABLE LETTER OF CREDIT
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
No. _
Date:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, 'Drawn under Letter of Credit No. dated ,
2 , of (Name of Bank) "
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty -
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN
55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private 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, 3) the plat has been
recorded with the County Recorder's Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional engineer
furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary
GC -1
permits from the Metropolitan Council Environmental Services and other pertinent agencies before
proceeding with construction. The City will, at the Developer's expense, have one or more
construction inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer /inspector to respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. 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 plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building pen are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment 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 and sediment
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 and sediment transport. If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport 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 Developer's and City's rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After the
site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and
sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay
bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control
measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
GC -2
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 7 -22.
9. 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.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Intelpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one -half (2 1 /2) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). In addition to any sod required as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
the certificate of occupancy issued, except that if the certificate of occupancy is issued between
GC -3
October 1 through May 1 these conditions must be complied with by the following July 1st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty -five percent (25 %) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re- spread
against the plat in accordance with City standards.
17. Hook -up Charges.. At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook -up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook -up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City
GC -4
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as- built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3 %) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000
and $1,000,000, three percent (3 %) of construction costs for the first
$500,000 and two percent (2 %) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one -half percent (2 1 /2 %) of construction costs for the first $1,000,000 and
one and one - half percent (1 /2 %) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
progress of the construction. Payment shall be due in accordance with Article 21E of this
Agreement.
GC -5
C. 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 plat
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.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ( "SAC "), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
22. 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.
23. Miscellaneous.
A. Construction Trailers Placement of on -site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre- construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
GC -6
thirty (30) days following the acceptance of the public improvements 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
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
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. Release This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
GC -7
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. Remedies Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed 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.
K. Assignability The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours Construction hours, including pick -up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur from
7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity
allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure to
do so. Under emergency conditions, this limitation may be waived by the written consent of the City
Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall
pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the street
M W
base or utilities because of snow plowing operations. The provision of City snow plowing service
does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off -site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2 -year maintenance
period.
Q. 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 platting 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.
R. Variances By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations In the development of the
plat 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(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. 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 to
enter into this Development Contract.
U. 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.
GC -9
V. 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. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading project,
a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a
building permit for the lot. On lots with fill material that have been custom graded, a satisfactory
soils report from a qualified soils engineer shall be provided before the City inspects the foundation
for a building on the lot.
W. Haul Routes The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs The Developer shall post a six foot by eight foot
development sign in accordance with City Detail,Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans Upon final plat approval, the developer shall provide the
City with two complete sets of full -size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete full -size sets of blue line /paper as -built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The
Developer is required to submit the final plat in electronic format.
Z. As -Built Lot Surveys An as -built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as -built survey is completed. If the weather conditions at the time of the as -built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as -built escrow withheld until all work is complete.
Rev. 3/31/06
GC -10
Document No . OFFICE OF THE
A 536069 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#: RA 201/000028
Certified Recorded on 402011 at 11:08 AM❑ PM
536069
d en
��ufyR order
(reserved for recording information)
GRANT OF TEMPORARY
TURNAROUND EASEMENTS
U.S. HOME CORPORATION, a Delaware corporation, referred to herein as "Grantor ",
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a municipal corporation organized and existing under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns,
temporary easements for public roadway, drainage and utility purposes over, across, on, under, and
through land situated within the County of Carver, State of Minnesota, legally described and
depicted on the attached Exhibits "A" and `B ".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and expiring when Chesterfield Lane is extended
through the cul -de -sac when the adjacent property to the west of REFLECTIONS AT LAKE
RILEY 1 ADDITION develops, together with the right of ingress to and egress from the property,
for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property
of the City, at the will of the City, its successors and assigns; it being the intention hereto that the
Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy
15653501 �N,0z T F i --Rk ~ — T LE COWRAKY CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
SRN:03 /04/2011 SOUTHGA `,:`W OFFICE PLAZA (Lot 1, Blk 1 and Lots 1 &2, Blk 2 — Chesterfield Lane)
W01 AW.ERICJ- 't S:WD. w., STE. 2 55
MW W437 RECORD
c�
the above described temporary easement premises, subject only to the right of the City to use the
same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the easement
premises. It is further understood that vegetation may be removed and that excavation will occur on
the easement premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easements to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 4K
day of 2011.
GRANTOR:
U.S. HOME CORPORATION
BY:
AND
Its
156535v01 2 CHAN:REFLECTIONS AT LAKE RILEY I sT ADD.
SRN:03 /04/2011 (Lot 1, Blk 1 and Lots 1 &2, Blk 2— Chesterfield Lane)
STATE OF MINNESOTA )
( ss.
COUNTY OF A )
The foregoing instrument was
2011, by
corporation, on behalf of the corporation.
CAROLE L. TOOHEY
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01 -31 -2012
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN:ms
15653501
SRN:03 /04/2011
1c, knowlqdged before me this ay of
and by
e \A CTC and
of U.S. HOMES CORPORATION, a Delaware
3 CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
(Lot 1, Blk 1 and Lots 1 &2, Blk 2 — Chesterfield Lane)
EXHIBIT " A "
TO
GRANT OF TEMPORARY TURNAROUND EASEMENT
TURNAROUND EASEMENT DESCRIPTION
A 95.00 foot wide temporary easement for public roadway, drainage and utility purposes lying
over, under and across that part of Lot 1, Block 1 and Lots 1 and 2, Block 2, REFLECTIONS AT
LAKE RILEY 1 sT ADDITION, according to the recorded plat thereof, Carver County,
Minnesota. The centerline of said easement is described as follows:
Commencing at the northeast corner of said Lot 1, Block 1; thence on an assumed
bearing of North 71 degrees 20 minutes 15 seconds West, along the northerly line of said
Lot 1, Block 1, a distance of 28.25 feet; thence North 18 degrees 39 minutes 45 seconds
East, a distance of 30.50 feet; thence North 75 degrees 02 minutes 11 seconds West, a
distance of 7.80 feet to the point of beginning of the centerline to be described; thence
North 75 degrees 02 minutes 11 seconds West, a distance of 81.86 feet and there
terminating.
Said temporary easement shall expire when Chesterfield Lane is extended through the cul -de -sac
when the adjacent property to the west of REFLECTIONS AT LAKE RILEY IT ADDITION
develops,
156535vO1 4 CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
SRN:03 /04/2011 (Lot 1, Blk 1 and Lots 1 &2, Blk 2— Chesterfield Lane)
EXHIBIT "B"
J L
... � r
....
/ v /
ar,
86 780
'
N�5 Ois - _.. _ - 1 475 - 0211 "W
28.25
_ 71 °20'15 "W
Nf C
OP
Cp - I R
NORTHERLY LINE'
OF LO T }
I
I( �
L
TEMPORARY TURN
AROUND EASEMENT
PROPOSED TEMPORARY TURN AROUND EASEMENT
A 95.00 foot wide temporary easement for turn around purposes lying over, under, and across that part of Lot 1,
Block 1, and Lots 1 and 2, Block 2, REFLECTIONS AT LAKE RILEY 1ST ADDITION, according to the recorded plot
thereof, Carver County, Minnesota. The centerline of sold easement is described as follows:
Commencing at the northeast corner of said Lot 1, Block 1; thence on an assumed bearing of North 71 degrees 20
minute 15 seconds West, along the northerly line of said Lot 1, Block 1, o distance of 28.25 feet; thence North 18
degrees 39 minutes 45 seconds East, a distance of 30.50 feet; thence North 75 degrees 02 minutes 11 seconds
West, a distance of 7.80 feet to the point of beginning of the centerline to be described; thence North 75 degrees
02 minutes 11 seconds West, a distance of 81.86 feet and there terminating.
This temporary easement shall expire on
(THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF REFLECTIONS AT LAKE RILEY 1ST
ADDITION.)
THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF REFLECTIONS AT
LAKE RILEY 1S7 ADDITION.
* THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR
ONTO THE HEREON DESCRIBED. LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND
OR ANY IMPROVEiiIENTS TO SAID LAND.
WE HEREBY CERTIFY TO LENNAR THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND THAT AM A DULY LICENSED LAND SURVEYOR U14DER THE LAWS OF THE STATE OF MINNESOTA,
DATED THIS 27TH DAY OF JANUARY, 2011.
40 20 0 40
^ Scale. in Feet
PI NEERengineering
CIYILL\GINCCM l \DULA \\FAS LANDSURMORS LM\DSCAMARCHUT"M
(651) 681 -1914
2422 Enterprise Dm•e - Fax: 681 -9488
Mendota Heights, MN 5512 www.pioneereng.Donn
SIG ED: PIONEER ENGINEER t G. P.A.
BY:
John C. Larson, Professional Land Surveyor
Minnesota License No. 19828
Cad File:
110211002 -TEMP
Description Sketch for
TURN AROUND
EASEMENT
Folder #: 7296
LENNAR
Drawn by: PJB
OFFICE OF THE
Document No . COUNTY RECORDER
A 5 3 60 7 0 CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#: RA 201100002
Certified Recorded on 4/612011
111
at 11:08 MOPM
ar u dgren
n ecorder
(reserved for recording information)
GRANT OF TEMPORARY
TURNAROUND EASEMENT
U.S. HOME CORPORATION, a Delaware corporation, hereinafter referred to as
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary easement for
public roadway, drainage and utility purposes over, across, on, under, and through land situated
within the County of Carver, State of Minnesota, legally described and depicted on the attached
Exhibits "A" and `B ".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and expiring when OUTLOT D, REFLECTIONS AT
LAKE RILEY 1 ADDITION is final platted into lots in the future, together with the right of
ingress to and egress from the easement premises, for the purpose of constructing, reconstructing,
inspecting, repairing, and maintaining the easement premises of the City, at the will of the City, its
successors and assigns; it being the intention hereto that the Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described temporary
NOR` N 17 LME COMPANY
1565320 SOUTHS ATE ,')FFlCE P CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
SRN:03 /04/2011 5001 MAERIC'A4,, SlYD. W., ST' 256 � (Outlot D — Highland Court Turnaround)
BLOOWNG70N, AON W4 RECORD I C)
r-.t 1X7
easement premises, subject only to the right of the City to use the same for the purposes herein
expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the easement
premises. It is further understood that vegetation may be removed and that excavation will occur on
the easement premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
-l am
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of OU ,L, _ , 2011.
GRANTOR:
U.S. HOME CORPORATION
BY:
MCI
Its
15653201 2 CHAN:REFLECTIONS AT LAKE RILEY 1 sT ADD.
SRN:03 /04/2011 (Outlot D — Highland Court Turnaround)
STATE OF MINNESOTA
( ss.
COUNTY OF �,Y )
The foregoing instrument was ackpowledAed before me this ( day of
2011, by and by
_--- -- C Pt LSeJ � and
----- of U.S. HOME CORPORATION, a Delaware
corporation, on behalf of the corporation.
= TOOHEY 4:.' NOTA NOTARY PUBLIC MY CO
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN:ms
1565320 3 CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
SRN:03 /04/2011 (Outlot D — Highland Court Turnaround)
EXHIBIT " A "
TO
GRANT OF TEMPORARY TURNAROUND EASEMENT
TURNAROUND EASEMENT DESCRIPTION
A 101.00 foot wide temporary easement for public roadway, drainage and utility purposes lyin
over, under and across that part of OUTLOT D, REFLECTIONS AT LAKE RILEY Is
ADDITION, according to the recorded plat thereof, Carver County, Minnesota. The centerline
of said easement is described as follows:
Commencing at the northwest corner of Lot 4, Block 3, said REFLECTIONS AT LAKE
RILEY 1 sT ADDITION; thence on an assumed bearing of North 87 degrees 46 minutes
21 seconds East, along the north line of said Lot 4 and its easterly extension, a distance of
170.69 feet; thence North 05 degrees 16 minutes 55 seconds West, a distance of 6.54 feet
to the point of beginning of the centerline to be described; thence North 05 degrees 16
minutes 55 seconds West, a distance of 92.92 feet and there terminating.
Said temporary easement shall automatically expire when OUTLOT D, REFLECTIONS AT
LAKE RILEY 1 sT ADDITION is final platted into lots and blocks in the future.
15653201 4 CHAN:REFLECTIONS AT LAKE RILEY 1 ST ADD.
SRN:03 /04/2011 (Outlot D — Highland Court Turnaround)
EXHIBIT "B"
I,.. ' 7'7 .I TEMPORARY TURN
AROUND EASEMENT
PROPOSED TEMPORARY TURN AROUND EASEMENT
'J
A 101.00 foot 'hide temporary easement for turn around purposes lying over, under, and across that port of Outlot D,
REFLECTIONS AT LAKE RILEY 1ST ADDITION, according to the recorded plot thereof, Carver County, Minnesota. The
centerline of soid eosement is described as follows:
Commencing at the northwest corner of Lot 4, Block 3, said REFLECTIONS AT LAKE RILEY IST ADDITION; thence on on
assumed beoring of North 87 degrees 46 minute 21 seconds East, along the north line of said Lot 4 and its
easterly extension, a distance of 170.69 feet; thence (North 05 degrees 16 minutes 55 seconds West, a distance of
6.54 feet to the point of beginning of the centerline to be described; thence North 05 degrees 16 minutes 55
seconds West, c distance of 92.92 feet and there terminoting.
This temporary easement sholl expire on
(THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF REFLECTIONS AT LAKE RILEY 1ST
ADDITION.)
THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF REFLECTIONS AT
LAKE RILEY 'IST A
+ THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR
ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND
OR ANY IMPROVEIIENTS TO SAID LAND.
WE HEREBY CERTIFY TO LENNAR THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AMC THAT AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA,
DATED THIS 19TH DAY OF JANUARY, 2011.
SI tMinnesoto EER ENGINEE P.A.
40 20 0 40
BY:
Larson, Professional Land Surveyor
Scale. in Feet License No. 19828
Cad File:
110211001 -TEMP
PI O ; � \�fl TEE TURN AROUND
engineering FDescription Sketch for EASEMENT
Folder #: 7296
CIVIL EVII.VEFRS —N-DI'L.a.V\Flit —DSURVCYDRS LAHDSCAPCARCHRLiTS LE A Drawn by: PJB
(650 681 -1914
2422 Enterprise Drive Fax: 681 -9488
Mendota Heights, MN 55120 www.pionecreng.co n Sheet
7
No delinquent taxes and transfer entered: Certificate of
Real Estate Value ( ) Filed ((;ndoi Required
CRV #
cP ,2U r/
arver County Auditor
Deputy
Document No . OFFICE OF THE
/� 536071 COUNTY RECORDER
/� CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#: RA 2011000028
Certified Recorded on 4/6/2011 at 11:08 L El M
536071 //
n ren
1111111111111111111 Cou rder
(Top 3 Inches Reserved for Recording Data)
QUI CLAIM DEED Minnesota Uniform Conveyancing Blanks
Business Enti to Business Entity Form 10.3.5 (2010)
DEED TAX DUE: $ �, �—}� DATE: �2/ �'J2 ZI .2011
FOR VALUABLE CONSIDERATION U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantor "), hereby conveys and
quitclaims to the City of Chanhassen, Minnesota, a municipal corporation and political subdivision under the laws of Minnesota,
( "Grantee ") real property in Carver County, Minnesota, legally described as follows:
Outlot A, Reflections at Lake Riley 1st Addition, Carver County, Minnesota
Check here if part or all of the described real property is Registered (Torrens) ❑
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
® The Seller certifies that the Seller does not know of any wells on
the described real property.
❑ A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: )
❑ I am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.
P
SOUTHC1 OP ICE PLAZA
5601 , >.c x;11 `' . `•fPl , STE. 25-°
Pted "Itpk 4 19
G'OnServa&A" riE* P. dd
Grantor
U.S. HOME CORPORATION, a Delaware corporation
By:
Jo an A. e
Vice President, Minnesota Land Division
(type of authority)
Page 1 of 2
7529346v1
0
f
Paoc 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.5
State of Minnesota, County of HENNEPIN
This instrument was acknowledged before me on M&fM 29 . 2011, Jonathan A. Aune, the vice President, Minnesota
Land Division of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation.
(Seal, If any)
CAROLE L. TOOHEY
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 01 -31 -2012
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
Leonard, Street and Deinard P.A. (JDP /RLG)
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insert name and address of Grantee to whom tax statements should be sent)
City of Chanhassen, Minnesota
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
7529346v1
rru;�
No dillrigtiant tax an transfer entered: C'erti cate of
Reel Estate Value (Filed ( ) Not Roquired
CRV IP7S886
20
r er County Auditor
l
Document No . OFFICE OF THE
A 5 3 6 0 7 3 CO UNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#: RA 2011000028
Certified Recorded on 4/6/2011 at 11:08 AM ❑ PM
1. .. ....._..__ ,teserved for Recording Data)
X�
rk L dgren
unt Recorder
LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks
Business Entity to Business Entity Form 10.2.9 (2010)
DEED TAX DUE: $ �,�g
DATE: M 6 !x'1 131 .2011
U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantor"), hereby conveys and quitclaims to the City of Chanhassen,
Minnesota, a municipal corporation and political subdivision under the laws of Minnesota, ( "Grantee ") real property in Carver County,
Minnesota, legally described as follows:
Outlot B, Reflections at Lake Riley 1st Addition, Carver County, Minnesota
c
teed Tan cat s S 0. 1
paid on (Date)
Check here if part or all of the described real property is Registered (Torrens) ❑ consery - a * Fee Pvd
together with all hereditaments and appurtenances belonging thereto. t: - 2ryo, C". Auditor
This Deed conveys after - acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT:
Covenants, declarations, easements, encumbrances, restrictions and reservations of record, if any.
Check applicable box:
® The Seller certifies that the Seller does not know of any wells on
the described real property.
❑ A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number:
❑ I am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate
RECORD V
Grantor
U.S. HOME CORPORATION, a Delaware corporation
By:
JEn - at A' We
—
its: Vice President, Minnesota Land Division
(type of authority)
��R�4��ppg 1 �0FFIGE PLA � �
:,dC90 9 6°Ztlt� ER�sr3 !,, 9 D. K, S ` E. 25-
LOJ�es��$';i¢"'. " ;" jai x;5437
C� IS
Page 1 of 2
7528146v]
Paga 2 f 2 Minnesota Uniform Conveyancing Blanks Form 10.2.9
State of Minnesota, County of HENNEPIN
This instrument was acknowledged before me on YY &OA 2$ 2011, by Jonathan A. Aune, the vice President, Minnesota Land
Division of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation.
(Seal, 'rf any)
CAROLE L. TOOHEY
19 WN:OTARY PUBLIC — MINNESOTA MMISSION EXPIRES 01- 31-2012
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
Leonard, Street and Deinard P.A. (JDP /RLG)
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
(signature ef notarial o1
Title (and Rank): Notary Public
My commission expires: 20 2..
(montt✓day1yea0
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insert name and address of Grantee to whom tax statements should be sent)
City of Chanhassen, Minnesota
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
7528146vl
Owner's Policy of Title Insurance
Owner's Policy
ISSUED BY
First American Title Insurance Com
POLICY NUMBER
5011400 0152967e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company ") insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
Unmarketable Title.
No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company
• ti ' •G0� P U kq • �'. �+
r
a o
a �
SEPTEMBER 24,
d� 1968 ?
C AC 1 F 0 tt� \V,
Ad
Dennis J. Gilmore
President
Timothy Kemp
Secretary
(This Policy is valid only when Schedules A and B are attached)
For Reference:
File #: 40852 -11 -06773
This Jacket was created electronically and constitutes an original document
Copyright 20062009 American Land Title Association. All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 5011400 (8/1/09) Page 1 of 5 1 ALTA Owner's Policy of Title Insurance (6- 17 -06)
First American Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: First American Title Insurance Company
10880 175th Court, Suite 210
Lakeville, MN 55044
File Number: 40852 -11 -06773 Policy Number: 5011400 - 0152967E
Amount of Insurance: $ 197,253.00 Premium: $ 667.00
Prior Policy Amount: Reissue Credit Amount:
Address Reference: XXX
Chanhassen, MN 55317
Date of Policy: April 6, 2011 at 11:08 AM
1. Name of Insured:
City of Chanhassen , a Minnesota municipal corporation and political subdivision
2. The estate or interest in the Land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the Land is vested in:
City of Chanhassen , a Minnesota municipal corporation and political subdivision
4. The_L- ,a"Arsf��9"W"IrX�iA �IS�E� as follows:
FOR INFORMATIONAL PURPOSES ONLY:
ABSTRACT Property
Carver County
Issuing Agent:
NORTH AMERICAN TITLE COMPANY
5001 American Blvd., Suite 255
Bloomington, MN 55437
952 - 943 -1620
Countersigned:
N M.�DERSON/
ALTA Owner's Policy (06/16/06) 40852 -11 -06773
S24MNOTP.3675 Rev. 3n106
OWNER'S POLICY
SCHEDULE A (Continued)
LAND DESCRIPTION
File Number: 40852 -11 -06773
The Land referred to in this policy is described as follows:
Outlot B, Reflections of Lake Riley 1 st Addition, Carver County, Minnesota:
ALTA Owner's Policy
Schedule A
Policy Number: 5011400 - 0152967E
( 40852- 11- 06773.PFD/40852 -11- 06773/25)
S24MNOTP.3678 Rev. 3/7/06
OWNER'S POLICY
File Number: 40852 -11 -06773
Policy Number: 5011400 - 0152967E
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or
expenses which arise by reason of:
1. Real estate taxes for the year 2012 and thereafter, not yet due or payable
2. Public Improvement and Special Assessment Agreement by and between the City of Chanhassen and
Klingelhutz Development Company, dated February 20, 2005, filed April 20, 2005, as Document No.
A412364.
3. Variance 93 -4 dated June 28, 1993, recorded August 3, 1993, as Document No. 153227.
4. Notice of Lis Pendens in favor of the City of Chanhassen for acquisition of temporary and permanent
easements dated January 10, 1996, filed January 12, 1996, as Document No. 189939.
5. Easements for drainage and utilities as shown on the recorded plat of Reflections at Lake Riley 1 st
Addition, filed on April 6, 2011, as Document No. A 536067.
6. Reflections at Lake Riley 1 st Addition Development Contract dated February 28, 2011, filed April 6, 2011,
as Document No. A 536066.
ALTA Owner's Policy
Schedule B (06/17/06)
( 40852- 11- 06773.PFD/40852 -11- 06773/26)
S24MNOTP.3677 Rev. 3n106
Policy # : 5011400- 0152967e
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify
or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the
Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy.
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however,
this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or
other instrument of transfer in the Public Records that vests Title
as shown in Schedule A.
Form 5011400 (8/1/09) Page 2 of 5 1 ALTA Owner's Policy of Title Insurance (6- 17 -06)
Policy # : 5011400- 0152967e
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity ": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law
as distinguished from purchase, including heirs, devisees,
survivors, personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind
of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying
theTitle
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly -
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason
of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land ": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is insured by this
policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records ": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d),
"Public Records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district where the Land is located.
(j) "Title ": The estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue.of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It
shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
Form 5011400 (8/1/09) Page 3 of 5 1 . ALTA Owner's Policy of Title Insurance (6- 17 -06)
Policy #: 5011400- 0152967e
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or
not it shall be liable to the Insured. The exercise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured.
If the Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e- mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under
this policy as to that claim.
CONDITIONS (Continued)
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and
that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attomeys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured against
by this policy,
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10 %, an
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
Form 5011400 (8/1/09) Page 4 of 5 1 ALTA Owner's Policy of Title Insurance (6- 17 -06)
Policy # : 5011400- 0152967e
9.
10.
11.
12.
13.
14.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of
the Company.
REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attomeys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has
agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the
Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the
Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant
and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions
contained in those instruments that address subrogation
rights.
ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
CONDITIONS (Continued)
Insurance Arbitration Rules of the American Land Title Association
( "Rules "). Except as provided in the Rules, there shall be no
joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the breach
of a policy provision, or to any other controversy or claim arising out of
the transaction giving rise to this policy. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by
the Company is the entire policy and contract between the Insured
and the Company. In interpreting any provision of this policy, this
policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part
of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the
jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required
to be given to the Company under this policy must be given to the
Company at First American Title Insurance Company, Attn: Claims
National Intake Center,1 First American Way; Santa Ana, CA
92707. Phone: 888-632-1642.
Form 5011400 (8/1/09) Page 5 of 5 1 ALTA Owner's Policy of Title Insurance (6- 17 -06)