Letter from John Chadwick dated 06-18-2013I r:
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EXHIBIT A
,ADDENDUM TO OFFER TO SELL AND NIENIORANDUM OF CONDITIi}NS
13. It is further agreed that the owner will have the right to lease the property involved in
this transaction at reasonable agricultural rental rates Said lease shall begin immediately
following the normal nassession period granted by the state.
14. The owner will be allowed to utilize their present driveway for ingress and egress to
the remainder of their property, until such time as the driveway is removed and replaced
by the State of Minnesota or a tower governmental authority for construction purposes, at
which time the replacement route shall be used.
15. It is understood and agreed at the owners request, that the owner will waive ail
relocation claitns in order to expedite this settlement. It is further understood by the
owner and the State of Minnesota that this sale is made under the threat of condemnation
of the property by the State of Minnesota.
lf. Notwithstanding any other provision of this agreement, buyer acknowledges that
except for the warranties, representations and covenants explicitly set forth in this
agreement or in owners closing documents, the owner and buyer agree that buyer will
accept possession of the property in its AS -IS condition, WITH ALL FAULTS.
17. The State of Minnesota shall pay the cost of recording all documents related to this
agreement, including without limitation the quit claim deed and the partial release of
mortgage.
--- -Original Message--- -
Prrom: Generous, Bob [ mail to :bgenerous@d.chanhassen.mn.usj
Sent: Thursday, May 25, 2006 11:13 AM
To: Kevin Clark
" ^: Shawn Siders; Aanenson, Kate
.rbject: Liberty at Creekside
Kevin:
As part of the Liberty at Creekside development, Town and Country Homes did not transfer density
from the south side of the creek to the developed area on the north side of the creek.
The city originally calculated the overall net density for the project at 4.7 units per acre. This
calculation only removes Outlot A, existing wetlands, slopes in excess of 30% and right -of -way. The
density ofthe development north of Bluff Creek, at 7.28 units per acre, would still be within the
Residential — Medium Density Land Use for the property. In calculating the density north of Bluff
Creek, I subtracted 0.43 acres of Outlot A, 12.64 acres of Outlot D, 0.44 acres of Outlot E and 2.44 acres
of right -of -way from the 36.01 acres within the site, which leaves 20.06 acres.
The Bluff Creek Overlay Ordinance states:
"Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek
Overlay District. Density clustering may be used in areas where portions of the site are unsuitable for
development because of the location of the primary zone. Density clustering shall not be allowed for
areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for
' iilding purposes.
In areas where density clustering is applicable, density may be transferred to unconstrained parts of the
site within land included in the secondary zone, subject to the restrictions of this ordinance, and within
land lying outside of identified zone areas."
If you have any questions or need additional information, please contact me at (952) 227 -1131 or
b.2enerous ci.chanhassen.mn.us.
..
NDI 000367
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Liberty at Creekside
March 21, 2006
Page 3 of 23
APPLICABLE REGUATIOR *S
Chapter 18, Subdivisions
Chapter 20, Article II, Division 2, Amendments _
Chapter'20, Article II, Division 6, Site Plan Review
Chapter 20, Article IV, Conditional Use Permits
Chapter 20, Article V,Ploodplain Overlay District
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article VII, Planned Unit Development District
Chapter 20, Article =11, Division 9, Design Standards for Multifamily Developments
Chapter 20, Article XXXI, Bluff Creek Overlay District
RUO'ING
The property is guided in the Comprehensive PIan for Residential - Medium Density as well as
parks and open space over the Bluff Creek corridor. Appropriate zonings for this land use
designation include Planned Unit Development — Residential ('UD-R), Mixed Low Density
Residential; if twin homes (R4), Mixed Medium Density Residential (R8) or Low and Medium
Density Residential (RLM).
The applicant is requesting to rezone approximately 36 acres from A2 to PUD -R, Planned Unit
Development -R. The project consists of 146 townhouse units in 29 structures.. The review
criteria are taken from the intent section of the PUD Ordinance.
Section 20 -501. Intent
Planned unit developments offer enhanced flexibility to develop a site through the relaxation of
most normal zoning district standards. The use of t__r__ha2MiFl- sine anrP ,_�c tg�l...{t density,
clustering for development within the Bluff-Creek Overlay District The use of the PUD zoning
sows for an internal transfer of den In exchange for this enhanced flexibility, the City
has the expectation that the deve opment plan will result in a significantly higher quality and
more sensitive proposal than would have been the case with the other more standard zoning
districts. The proposed development provides a compatible development with the surrounding
development and preserves the Bluff Creek corridor subject to the recommended modifications
to the plan.
The proposed rezoning assists in the furtherance of the following land use goals of the City of
Chanhassen Comprehensive Plan:
• Development will be encouraged within the MUSA line_
• The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
• The city will seek opportunities to provide transitions between different uses of different
Types.
• Development should be phased in accordance with the ability of the city to provide services.