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Amended & Restated Conditional Use Permit 97-04 Recorded10 - CAMPBELL KNUTSON Professional Assodatiwn- Direct Dial. (651) 234 -6222 E- mailAddress: snelson@ck- law.com Thomas J. Campbell _�.ogcr N. Knutson I.ornas M. Scott El':ioi t B. Knetsch Jcel J. Janinik kndrea A/IcDowell Pochlcr ortn M. Mattick "'Ohn : belly F c x. schaeff I- 111 Alina Schwartz Sarnuel J. Edmunds ` - erne 1. McCarron September 19, 2011 CITY F C CH ANHASSEN Ms. Kim Meuwissen City of Chanhassen SEP 2 i 2011 7700 Market Boulevard P.O. Box 147 CHANHASSEN PLAUNING DEP? Chanhassen, Minnesota 55317 RE: CHANHASSEN — RECORDATION OF DOCUMENTS ➢ Amended and Restated Conditional Use Permit #97 -4 for an Automobile Dealership at 615 Flying Cloud Drive Dear Kim: Enclosed for the City's files please find original recorded Amended and Restated Conditional Use Permit #97 -4 for an automobile dealership at 615 Flying Cloud Drive. The Amended and Restated CUP was recorded with Carver County on January 21, 2011 as Abstract Document No. A532874 and as Torrens Document No. T178368. Regards, 1380 Corporate Center Curve Suite 317 ° Logan, MN 55321 651 -452 -5000 Fax 651 -452 -5550 wvm.ck - W.com CAMPBELL KNUTSON Professional Association B u an R. Nelson, egal Assistant SRN:ms Enclosure CARVER COUNTY R.ECOR.DER /REGISTRAR OF TITLES DOCUMENT COVER PAGE Document No . OFFICE OF THE REGISTRAR T 178368 CARVER COUNTY, MINNESOTA Receipt # Cert. # 23648 Fee: $46.00 Certified Recorded on 1/21/2011 178368 at 09:17( AM ❑PM dld- / \ \ Mark Lundgren Registrar of Titles Document No . OFFICE OF THE A 532874 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $46.00 Certified Recorded on 1/2112011 Receipt#: at 09:17 AM ❑ PM Mar ndgren nt Recorder DOCUMENT TITLE: . DOCUMENT DATE: �r(� - / O NAMES: - , CITY OF C CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #97 -04 PLANNING CASE 2010 -10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit #97 -4 dated October 13, 1997, and recorded on August 31, 1998 as Torrens Document No. T103646 ( "Existing Permit "): A Conditional Use Permit for an Automobile Dealership 2. Property. This amended and restated permit is for the property described in the Existing Permit which is legally described on the attached Exhibit A, and also includes the property situated in the City of Chanhassen, Carver County, Minnesota and legally described on the attached Exhibit B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97 -04. j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. k. The most westerly access on Flying Cloud Drive shall be blocked. 1. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. m. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 (SEAL) STATE OF XHNNESOTA ) ( ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Tom Furlong, Ma yor ty Manager The foregoing instrument was acknowledged before me this A4 of 1 by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Manhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. �RY PUBLIC KAREN J.ENGELHARDT . Notary Public- Minnesota My Commission Expires Jan 31, 2015 DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5 t ` Principal Meridian described as follows: Commencing at the West quarter corner of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a. right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. EXHIBIT B PARCEL B LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23 West described as follows: Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest corner of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection with the South line of the Northwest Quarter; thence West along said South line to the intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota.