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Letter from John Chadwick dated 06-18-2013I r: i r'A :O r Y "' 61 i;bq 4 OL Co pQw \ p J ir. ern %�. � A" �V, , � Yws '� •'�. / + 1 1 er0 �7 J �J O 1 0 N J `Y. IN Sm�� Q m O -zi ON O C Z �7 J �J O 1 0 N 1V i 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 xSi18), T NO_..�_ ` I teMSe u loemdsu,s, 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.