Recording Transmittal 01-02-2014CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE
2013 -08
Carole Hoeft
RE:
Reco
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
11/25/13
237085
Receipt for Security Escrow
1
9/10/13
229987
Receipt for Special Assessments
1
12/31/13
Grant of Permanent Easement (City to Bluff Creek Senior Housing, LLC
1
9/4/13
Partial Release of Judgment Lien co
1
12/23/13
Application to Combine Real Estate Parcels
includes cover letter from Bob Generous (City) to Kay Lemke Carver Count
1
11/25/13
Warranty Deed (Bluff Creek Senior Housing, LLC to City)
Includes two 2 Partial Releases of Mortgage from Community Bank Mankato
1
8/12/13
2013 -08
Site Plan Agreement 2013 -08 (copy)
(original document is already in your possession)
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Foryouruse
❑
As requested
❑
For review and comment
❑
FOR BIDS DUE
REMARKS
COPY TO: Planning Case File 2013 -08
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
® For Recording
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
L
SIGNED.
<i euwissen (952) 2 -1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
11/25/2013 10:18 AM
Receipt No. 00237085
CLERK: bethanya
PAYEE: TitleNexus, LLC
277 Coon Rapids Blvd
Suite 220
Coon Rapids MN 55433-
Bluff Creek Senior Cottages
Site Plan Agreement 2013 -08
Landscaping, Erosion Control, Utility Extension, Etc.
-------------------------------------------------------
Security Escrow 90,710.00
Total
Cash
Check 20303
Change
s
90,710.00
0.00
90,710.00
0.00
SCANNED
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
09/10/2013 2:43 PM
Receipt No. 00229987
CLERK: bethanya
PAYEE: TitleNexus, LLC
277 Coon Rapids Blvd, Ste 220
Coon Rapids MN 55433-
25.0270400
-------------------------------------------------------
Special AssessmentsJLYYrnLLSH F}rm &�p, 6,952.11
Special Assessments ZYl{ G��c l 2,840.22
Special AssessmentslruM Hwtj IOI)l.ynan dlu3-7N3jgjj-kMt 6, 837.95
Special Assessments %�e-(�s 1,978.48
Special Assessments 614 CfeeK era Im�puuenloti57,918.72
Special AssessmentsZAAeo�k 3,163.47
Total
Cash
Check 20003
Change
27,690.95
0.00
27,690.95
0.00
GRANT OF PERMANENT EASEMENT
THIS SANITARY SEWER EASEMENT AGREEMENT ("Agreement") is made
and entered as of the at day of Dea ,(. , 2013, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, ( "City ") and BLUFF CREEK SENIOR
HOUSING L.L.C., a Minnesota limited liability company, ( "Grantee ") (collectively as the
"Parties ").
RECITALS
A. The City is the fee owner of property legally described on Exhibit A ( "City
Property");
B. Grantee is the owner of property abutting the City Property to be developed for
senior housing, which property is legally described on Exhibit B ( "Benefited Property);
C. In order to serve the Benefited Property and connect to public sanitary sewer,
Grantee must install a private sanitary sewer line across City Property;
NOW, THEREFORE, in consideration of the sum of One and No /100 Dollars ($1.00)
and other good and valuable consideration to them in hand paid by Grantee, the receipt and
sufficiency of which is hereby acknowledged by the City:
1. Easement. The City hereby grants unto Grantee, its successors and assigns,
forever, a non - exclusive easement to construct, operate, repair and maintain private sanitary
sewer utility ( "Utility System ") for private use over, across, on, under, and through land situated
within the County of Carver, State of Minnesota, as described on the attached Exhibit "C"
( "Easement Premises "). The Easement shall run with the title to the Benefited Property and shall
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors and assigns, including, but without limitation all subsequent owners of the Benefited
Property and all persons claiming under them. The Easement shall include the rights of the
Grantee, its contractors, agents, employees, and assigns, to enter upon the easement premises at
all reasonable times to construct, reconstruct, inspect, repair, and maintain said Utility System
over, across, on, under, and through the Easement Premises, together with the right to grade,
173506
level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees,
bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said Utility System.
2. Location of Utility Facilities. The Utility System shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along and over public
ways and so as not to disrupt normal operation of any facilities used for providing sewer, water,
or any other public utility service owned or operated by the City or agency thereof ( "City Utility
System "). Grantee's construction, operation, repair, maintenance and location of such Utility
System shall be subject to other ordinances or regulations of the City.
3. Grantee Protection of Utility Svstem. Grantee shall take reasonable measures to
prevent the Grantee's Utility System from causing damage to persons or property. Grantee shall
take reasonable measures to protect the Utility System from damage that could be inflicted on
the facilities by persons, property, or the elements. Grantee shall take protective measures when
the City performs work near the Utility System, if given reasonable notice by the City of such
work prior to its commencement.
4. Restoration. Upon completion of any work requiring the opening of the Easement
Premises, Grantee shall, in all cases, place the Easement Premises in, on, under or across which
the same are located in as good condition as they were prior to said operation. Grantee shall also
maintain the same in good condition for two (2) years thereafter. The work shall be completed as
promptly as weather permits, and if Grantee shall not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the Easement Premises in the said
condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable
period of time following the demand, but not to exceed five (5) days, the right to make the
restoration at the expense of Grantee. Grantee shall pay to the City the cost of such work done
for or performed by the City, including its administrative expense and overhead, plus ten percent
(10 %) additional as liquidated damages. This remedy shall be in addition to any other remedy
available to the City.
5. Permission for Excavation. Grantee shall not open or disturb the surface of the
Easement Premises for any purpose without first having obtained permission from the City, for
which the City may impose a reasonable fee. Permit conditions imposed on Grantee shall not be
more burdensome than those imposed on other utilities for similar facilities or work. Grantee
may, however, open and disturb the Easement Premises without permission from the City where
an emergency exists requiring the immediate repair of Utility System. In such event Grantee
shall notify the City by telephone to the office designated by the City before opening or
disturbing the Easement Premises. On the next working day thereafter, Grantee shall obtain any
required permits and pay any required fees.
6. Amendment. Upon installation of the Utility System, the Parties shall amend the
legal description of the Easement Premises to provide for the actual location of the Utility
System and a total easement width of _ feet.
173506
7. Termination. This Easement shall terminate if the Utility System is abandoned or
relocated from the City Property.
8. Indemnification. Grantee shall indemnify, keep and hold the City, its elected
officials, officers, employees, and agents free and harmless from any and all liability on account
of injury or death of persons or damage to or depreciation in value of property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of
Grantee's property located in, on, over, under, or across the Easement Premises. The City shall
not be indemnified for losses or claims occasioned through it own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or
inspection of, the Grantee's plans or work.
9. Grantee to Defend Claims. hi the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Grantee at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Grantee within a
period wherein Grantee is not prejudiced by lack of such notice. If Grantee is required to
indemnify and defend, it will thereafter have control of such litigation, but Grantee may not
settle such litigation without the consent of the City, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the City; and Grantee, in defending any action on behalf of the City shall be entitled
to assert in any action every defense or immunity that the City could assert in its own behalf.
10. Compliance with Applicable Laws. Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now
or hereafter promulgated or enacted. At no time shall the installation, operation, or maintenance
of the system endanger or interfere with the safety of persons or property in the City.
IN TESTIMONY WHEREOF, the parties hereto have signed this document this
day of 2013.
173506
BLUFF CREEK SENIOR HOUSING,
STATE OF MINNESOTA )
ss.
COUNTY OF f a tzv )
The foregoing instrument was acknowledged before me this r day of
f 2013, by "biz .:+, he Pizl ;f of Bluff
Creek Senior Housing, L.L.C., a Minnesota limited liability company, Grantee, on behalf of the
company.
ee.SU^ " "y
SAN A KERBER
9'` £ Notary Public
State of Minnesota
My Commission Expires
January 31, 2015
173506
Notary Public
(Seal)
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
a Minnesota municipal corporation
Tom Furlong, Its Mayor
Todd Gerhardt, Its City Manager
The foregoing instrument was acknowledged before me this &day of �)r?�i
2013, by Tom Furlong and Todd Gerhardt, respectively the Mayor and City
Manager of the City of Chanhassen, a Minnesota municipal corporation, Grantor, on behalf of
the corporation and pursuant to the authority gr red by the City Council.
Not ry lic
KIM T. MEUWISSEN
Nc +a y Public- Minnesota
My Ccm ssion Expires Jan 31, 201$
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /jmo
173506
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of City Property:
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173506
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Benefited Property:
That part which lies South of the North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter, thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173506
EXHIBIT "C"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Easement Premises:
173506
PROPOSED SANITARY FORCEMAIN EASEMENT
AS PART OF THE
BLUFF CREEK SENIOR HOUSING DEVELOPMENT
(December 6, 2013)
An easement for sanitary forcemain purposes over, under and across that part of the following described
property:
The North 306.00 feet of that part of the Southwest Quarter of the Northeast Quarter and the Northwest
Quarter of the Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, describes as follows:
Commencing at the southeast comer of the said Southwest Quarter of the Northeast Quarter; thence on an
assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east line of said Southwest
Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89 degrees 31
minutes 07 seconds West, a distance of 617.10 feet; thence on a bearing of South 00 degrees 28 minutes 53
seconds East, parallel with said east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds East, a distance of 626.58
feet(620.50 feet deeded), to the east line of said Northwest Quarter of the Southeast Quarter; thence on a
bearing of North 00 degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter
of the Southeast Quarter, a distance of 246.08 feet to the point of beginning. Excepting any portion thereof
within MNDOT Right -of -Way Plat. No. 10 -20
Said easement being a 20 foot wide strip of land the centerline of which is described as follows:
Commencing at the northwest corner of the above described parcel; thence easterly along the north line
thereof a distance of 148.57 feet to the point of beginning of the centerline to be described; thence southerly
deflecting to the left 89 degrees 52 minutes 54 seconds, 9.91 feet; thence southeasterly a distance of 267.13
feet, along a tangential curve concave to the northeast, having a radius of 300.00 feet and a central angle of 51
degrees 01 minutes 03 seconds; thence southeasterly, tangent to said curve a distance of 100.64 feet to the
south line of the above described property and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened so as to begin on the north line of the above
described property and terminate on the south line of the above described property.
I hereby candy that this survey, pan or report was prepared by me or under my direct supervision and
that I am a May Licensed Land Surveyor under the laws of the Stale of Minnesota.
Dated this ft Gay of December, 2013.
SATHRE-BERGOUI
Rory L. Symooshan, PLS Minnesota License No 44565
rory@sathre.com
SATHRE- BERGQUIST,
$ 150 South Broadway Ave.
= Wayzata, MN. 55391
�° "e »e 10� (952) 476 -6000 w .sathre.com
Easement Exhibit Date: 126-13 Rt
Prepared For Prepared By RLS ct
Layoa Sheet
DDK Construction Project Number: 16572 -001
1
------ Is6171'0'
617.10'
148.57 }3 - -- - -�- --
n
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to rn I / �A..
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334.68
\-- -The South Line Of The North 306.00 0
wl
in
N \0
NSe Corner
Of The SW
1/4 Of The
_ NE 1/4 Of
/ South Line Of The SW 1/4 Of The Sec. 27,
NE 1/4 Of Sec. 27, T116N, R23W T116N,
}T � � R23W
South Line Of The i n I —.orth Line Of The NW 1/4 Of The
Ne ` /.Section 27 n i `r SW 1/4 Of Sec, 27, TI16N, R23W
East Line Of SW 1/4 Of The
NE 1/4 Of Section 27—
k
J \ -1 Right Of Way Per a
I n n ^.," "� Minnesota Department Of
i,n ✓ ° Transportation Right Of Way
Plat No. 10 -21 —�
L G` NDRI
✓ n J,` ;
A \ / to
0� 100 2010
S�a26$3 °E _ g I
/ z
� 626.58_ � � � SCALE IN FEET
i
0 Proposed Easement Area
I hereby certify that this survey, plan or report "a prepared by me or under my direct supervision and SAT H R E -B E RG Q U I ST INC.
that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. €� "$ 1
Dated this 6th day m December, 2013. 150 South Broadway Ave.
Wayzata, MN. 55391
SATHRE- BERGOUIST,1 u °6 <ae v✓ � (952) 476) -6000 w .sathre.com
Easement Exhibit Deta:l2b13 Ra iai °noare:
Prepared By: RLS Check By:
Prepared For
Rory L Synslelien, PLS innesota License No. 44565 Layout Sheet: 2
mry@sethm.com DDK Construction Project Number: 16572 -001 2
PARTIAL RELEASF, OF JUDGMENT LIEN
KNOW ALL MEN BY T""E PRESENTS, that the undersigned holder of a
judgment lien in and upon the property described herein acknowledges and does hereby forever
discharge and release the tract of land lying and being in the County of Carver, State of
Minnesota, described as follows, to wit:
That part of the Southwest Quarter of the Northeast Quartet and the Northwest
Quarter of the Southeast Quarter of said Section 27, Township 116, Range 2,3,
described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northeast Quarter;
thence on an assumed bearing of North 0 degrees 28 minutes 53 seconds West along
the east line of said Southwest Quarter of the Northeast Quarter fbr a distance of
528.00 feet; thence on a bearing of South 89 degrees 31 minutes 07 seconds West for a
distance of 617.10 feet; thence on a bearing of South 0 degrees 28 minutes 53 seconds
Fast parallel with said east line of the Southwest Quarter of the Northeast Quarter for a
distance of 665.28 feet; thence on a bearing of South 8o degrees 28 minutes 53 seconds
Fast fora distance of 626.58 feet (620.50 feet deeded) to the east tine of said Northwest
Quarter of the'Southeast Quarter; thence on a bearing of North 0 degrees 2.8 minutes
16 seconds West along said east line of the Northwest Quarter of the Southeast Quarter
for a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
from all claims and liens of and under that certain judgment docketed in favor of Associated
Bank, NA, Judgment Creditor versus John Klit eihuti, Judgment Debtor(3) Carver County
District Court File No. 10 -CV- 04426 in the amount of L451,213.51 , which judgment is a lien
upon the above described and other land.
IN TIP TIMONY WHEREOF, the
hand this 4 _ day or September, 2011
undersigned has/have hereunto set lts/his/hcr /their
Page 1 of 2
STATE OF WISCONSIN )
)as
COUNTY OF MILWAUKEE )
The foregoing in ' ment was acknowledged
2013 by _ IY i ai>� the lei f
LOM-TM
"Chis instrument was drafted by:
Michael J. lannacone,#48719
lannacone Law OfGoe, P.L.L.C,
8687 Eagle Point Blvd,
Lake Elmo, MN 55042
651-224-3361
M.
Panc 2 of 2
me thi� day of
F -si(I nf'` of
Date Received
CARVER COUNTY
Taxpayer Services Department
Government Center - Administration Building
600 East 4th Street
Chaska, MN 55318 -2102
Phone (952) 361 -1910 Fax(952)361-1919
wr
Application to Combine Real Estate Parcels
Per MN Statute 272.46 the county auditor, upon written application of any person, shall for
property tax purposes only, combine legal descriptions of contiguous parcels to which the
applicant(s) hold title.
In order to be combined, the following requirements must be met:
• Receipt of completed form by owner or designated representative
• Based upon deeds of record, parcels must be of the same (identical) ownership
• Parcels must be contiguous
• Parcels must be located in same unique taxing districts (TAG)
• Current year and delinquent taxes must be paid on each parcel
• If parcels are in a Tax Increment Financing District (TIF), they must be located in the
same TIF district
• If special assessments are not paid on all parcels, the city /township would need to
recertify the special assessments for the new parcel
CAUTION
Parcels that have been combined cannot be subdivided again without local municipality approval.
If located in a township, Carver County Land Management Office must also approve the subdivision.
Combined property tax will be reflected on next year's tax statement
Owner (Applicant) Name: Cityof Chanhassen
Address: 7700 Market Boulevard, P.O.Box 147 Phone Number: 952 - 227 -1100
Chanhassen, MN 55317
Parcels to be combined: Outlot B, Liberty on Bluff Creek PID 254220440;
And,
GAPLAN\2013 Planning Cases\2013 -08 Bluff Creek Cottages\Administrative subdivision Application to Combine Real
Estate Parcels.doc
Date Received
PROPOSED PARCEL A DF.SCRIMON
The North 306.00 feet of the following described porceL•
That part ofthe Southwest Quaver of the Northcnst Quarter and the Northwest Quarter of the Southeast Quarter of said Section 27,
Township 116, Range 23 West ofthe Fifth Principle Meridian, describes as fo0ows:
Commencing at the southeast corn rof the said Southwest Quarter of the Northeast Quarter thence on an assumed bearing of
North 00 degrees 28 minutes 53 seconds West, along the east line orsaid Southwest Quarter of the Northeast Quarto; a diem m
of $28.00 feet thence on a bearing or South 89 degrees 31 minutes 07 seconds West, a distance of617.10 fed; thence on a
behuing of South 00 degrees 28 minutes 53 seconds East, parallel with said cog line of the Southwest Quarter 61711b, Northeast
Quarter, a distance of 665.28 feat thence on a bearing of South 80 degrees 28 minutes 53 seconds Fast, a diswace of 626.58
fee(620.50 fed dccdcd), to the caul fc a of said Northwest Quarter of the Southeast Quarter; thence on a bearing of Noah 00
degrees 28 minutes 16 seconds Went, along the said cast line ofthc Northwest Quuria ofthe Southeast
of
246.08 fed to the point of beguuri"&. Qwrter, a dislnnee
Excepting any ]portionthenrofwithio NiNDOT Right-of-Way Plat. No. 10-20
Signature: / Date: �3 j
For Office Use Only: Approved Denied By:
Reason Denied:
G: \PLAN \2013 Planning Cases \2013 -08 Bluff Creek Coftages\Administrative subdivision Application to Combine Real
Estate Parcels.doc
CITY OF December 23, 2013
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Kay Lemke, Clerk- Auditor
Carver County Auditor's
600 East 4' Street
Chaska, MN 55318
Re: ZONING LOT DESIGNATION
Building Inspections
Dear Ms. Lemke:
Phone: 952.227.1180
Fax: 952.227.1190
This letter is to request that these two parcels be placed under a single Parcel
Engineering
Identification Number.
Phone: 952.227.1160
Fax: 952.227.1170
The City of Chanhassen has no objection, pursuant to Chanhassen City Code
Finance
Phone: 952.227.1140
Section 20 -903, to combining
Fax: 952. 227.1110
PROPOSED PARCEL OFSCRTP170N
The Nodh 30600 fcct eftbe fonow{o& derm'hd pod:
Park & Recreation
� e„arw<Sawwwwaq,�„ftheN „rd cQ em,d�N th <
P QWatCr oClhc Sonthaxd Quarlerorwdd Sectim Z7
Phone: 952.227.1120
TiPlrcn. w 23w< aorsn< Paw yraRew,:
Fax: 952.227.1110
p orm< Nndn�pno<,er:l�wmasu�<au<,aog�r
Nanh 00 deed 28 minm<x 53 �de We4 dmgtb<®l limaC.<id BooWweal Qamter afthe Narth<vit Qanter, o dnamc
Recreation Center
oC328. 00feeethmoeaneberngof5aM89degae3lmwdaPleaondeWM�dMne <oC417.rOfeekOw�ooa
bnviu&afsemb un dyyen 28min4a 53 rcrnrnde En0. pao0cl wish eoida<Tbne oftbe Sadtwcri Qomter nCAe NaeDtaxc
2310 Coulter Boulevard
T2�. +dWmw f60Mr <ct:fimwmabn.dngof &mffi 90dggr=28r*o 53mcm eF.6L.d6uneeaC6N.59
Phone: 952.227.1400
d 62030 red de<dadlW%.c r..araidNa Arm* QumferoftbeSombowQwnathmmmabeerig Ma nk00
agacs38nrbtotu 16 eocandeWaLabn &th ¢ eoid anal Lm orlb< Nw wmd Qrmtcortho Sall Qum .a dignn. of
Fax: 952.227.1404
2e6M Red m We Pond orbcgnoir
ETaY &+nYPorYanth<rcorwilbw td2tDOT1liSldaf- Way FWLNo. 10-28
Planning &
Natural Resources
and Outlet B, Liberty on Bluff Creek, PID 254220440, respectively, into a single
Phone. 952.227.1130
zoning lot. These two lots are under single ownership of the City of Chanhassen.
Fax: 952.2271110
Please revise the legal description for the property to include both parcels' legal
descriptions and combine under a single parcel identification number.
Public works
7901 Park Place
Phone: 952.227.1300
Hereafter, interior lot lines within the zoning lot shall be disregarded in applying
Fax: 952.227.1310
setbacks and other zoning ordinance standards. Additionally, the lot may not be
subdivided without complying with the city's subdivision ordinance.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
If you have any questions, please feel free to contact me at (952) 227 -1131 or
Web Site
bgenerous @ci.chanhassen.mn.us. Please send verification with the new PID to me
www.ci.chanhassen.mn.us
once the property has been combined.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Sincerely,
Robert Generous, AICP
Senior Planner
ec: Joleen Devens, GIS Specialist
Alyson Fauske, Assistant City Engineer
Jerry Mohn, Building Official
gAplan\2013 planning cases\2013 -08 bluff creek cottage \zoning lo[ lettmdoc
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for Recording
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated:L�oyeW11 et— x5,2013
FOR VALUABLE CONSIDERATION, BLUFF CREEK SENIOR HOUSING L.L.C.,
a Minnesota limited liability company, Grantor, hereby conveys and warrants to the CITY OF
CHANHASSEN, a Minnesota municipal corporation, Grantee, real property in Carver County,
Minnesota, described as follows:
See Exhibit "A" for legal description
together with all hereditaments and appurtenances belonging thereto, subject to the following:
1. Building and zoning laws, ordinances, state and federal regulations;
2. Exceptions to title which constitute encumbrances, restrictions, or easements of record;
and
3. Reservation of minerals or mineral rights to the State of Minnesota,
Check box if applicable:
❑ The Grantor certifies that the Grantor does not know of any wells on the described real
property.
❑ A well disclosure certificate accompanies this document.
❑ 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 has not changed since the last previously filed
well disclosure certificate.
173503
City Clerk's Certification
Pursuant to M.S. 272.162
The undersigned hereby certifies:
(Check one of the following:)
That City subdivision regulations do not
apply to this instrument.
That the subdivision of land affected by this
instrument has been approved by the
governing body of the City of Chanhassen.
That municipal restrictions on the filing and
recording of this instrument have been
waived by a resolution of the governing
body of the City of Chanhassen.
That this instrument does not comply with
municipal subdivision restrictions and the
affected land and its assessed valuation
should not be divided by the County
Auditor.
Dated:
By
Deputy Chanha1ssen City Clerk
Printed Name: �K1e -r- L oP r Erb
T(Ce ` ✓V1 �5 '�E'
EXHIBIT "A'
Legal Description
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173503
BLUFF CREEK SENIOR HOUSING L.L.C.
A Minnesota Limited Liability Company
By: a
lA
Its
STATE OF MINNESOTA )
)as.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Zsn} day of
Noyemhcsr 2013by v v, i'n e U the ?rts'dev t- of Bluff
Creek Senior Housing L.L.C., a Minnesota imited Liability Company, on behalf of said
company.
Ea " " SUSAN A KERBER
Notary Public
'7 III State of Minnesota
;fQ My Commission Expires
January 31, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (51) 452 -5000
AWdmo
173503
Notary Public
Tax Statements for the real property
described in this instrument should be
sent to:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, Minnesota 55317
(Resemdfor Re rdiig Information)
PARTIAL RELEASE
OF MORTGAGE
Date:lJEt�,Zfc 2b , 2013
FOR VALUABLE CONSIDERATION, the real property in Carver County, Minnesota, legally
described as follows:
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the
Northwest Quarter of the Southeast Quarter of said Section 27, Township
116, Range 23 West of the Fifth Principle Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the
Northeast Quarter, thence on an assumed bearing of North 00 degrees 28
minutes 53 seconds West, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89
degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said
east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds
East, a distance of 626.58 feet (620.50 feet deeded), to the east line of said
Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the
Northwest Quarter of the Southeast Quarter, a distance of 246.08 feet to the
point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20
173505
are hereby released from the liens of the Mortgage, OWNED BY THE UNDERSIGNED, executed by
Community Bank Mankato, a Minnesota Bank/Insurance Corporation, as Mortgagor, to Bluff Creek
Senior Housing L.L.C., a Minnesota limited liability company, as Mortgagee, dated September 6, 2013,
and filed for record September 6, 2013, as Abstract Document No. A583601 in the office of the County
Recorder, Carver County, Minnesota.
COMMUNITY BANK MANKATO
A Minnesota Bank/Insurance Corporation
�t L• G [print name]
Its za2 V :rr ae-f7,0lnf(
STATE OF MINNESOTA )
)ss.
COUNTY OF 3u.tf
The foregoing instrument was acknowledged before me this ) 6 7W day of DfCeM aP k'
2013,by M1c.+aEt— L. Krutr theSr-u% -� L/+Lf- f*tstoeNr of Community
Bank Mankato, a Minnesota Bank/Insurance Corporation, on behalf f the bank.
Notary Public
"., ERIC G. POPPLER
Notary Public- Minnesota
-; Wry Commission Expires Jan 31.2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: 651-452-5000
AMP /jmo
173505
(Reserved for Recording Information)
PARTIAL RELEASE
OF MORTGAGE
Date:,/) &eA,Rt -c 2L�—' , 2013
FOR VALUABLE CONSIDERATION, the real property in Carver County, Minnesota, legally
described as follows:
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the
Northwest Quarter of the Southeast Quarter of said Section 27, Township
116, Range 23 West of the Fifth Principle Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the
Northeast Quarter, thence on an assumed bearing of North 00 degrees 28
minutes 53 seconds West, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89
degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said
east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds
East, a distance of 626.58 feet (620.50 feet deeded), to the east line of said
Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the
Northwest Quarter of the Southeast Quarter, a distance of 246,08 feet to the
point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20
173505
are hereby released from the liens of the Mortgage, OWNED BY THE UNDERSIGNED, executed by
Community Bank Mankato, a Minnesota Bank/Insurance Corporation, as Mortgagor, to Bluff Creek
Senior Housing L.L.C., a Minnesota limited liability company, as Mortgagee, dated September 6, 2013,
and filed for record September 6, 2013, as Abstract Document No, A583599 in the office of the County
Recorder, Carver County, Minnesota.
COMMUNITY BANK MANKATO
A Minnesota Bank/Insurance Corporation
1
B•
i✓t.LC L 6 [print name]
Its•SEntToy2 VTtr- Nt- 'XDEn1�—
STATE OF MINNESOTA )
)as.
COUNTYOF N\(Olief )
The foregoing instrument was acknowledged before me this 2(o day of De(PmV&r ,
2013, by W f 1 L- lUN theS . Vl C e of Community
Bank Mankato, a Minnesota Bank/Insurance Corporation, on behalf of the bank.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
173505
� ti,Mnnnn�✓w^nn,,: ,�N.rHn
>' ALLISON JO WILSON
Notary i'ubiic- Minnesota
i -..; My epnmission Expires Jan 31,20 1
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
11/25/13 2013 -08
ATTENTION
Carole Hoeft
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
8/12/13
13 -08
Site Plan Agreement 2013 -08 Bluff Creek Senior Cottages)
❑
FOR BIDS DUE
For Recording
❑
PRINTS RETURNED AFTER
LOAN TO US
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
For your use
❑
As requested
❑
For review and comment
❑
FOR BIDS DUE
REMARKS
❑
Approved as submitted
❑ Resubmit
❑
Approved as noted
❑ Submit
❑
Returned for corrections
❑ Return
®
For Recording
❑
PRINTS RETURNED AFTER
LOAN TO US
COPY TO: Dave Pokorney, Community Asset Development Group
SIGN
(952)
If enclosures are not as noted, kindly notify us at once.
copies for approval
copies for distribution
corrected prints
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2013 -8
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated August 12, 2013, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bluff Creek
Senior Housing, LLC., a Corporation under the laws of the State of Minnesota (the "Developer")-
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for construction of a 13,700 square -foot continuing care retirement facility (Bluff Creek
Senior Cottages), Planning Case 20I3 -08 (referred to in this Site Plan Agreement as the "Project ").
The land is legally described in the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and fimmishes the security
required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A: (1 of 11) Boundary Survey dated received June 14, 2013, prepared by Sathre Bergquist Inc.
Plan B: (2 of 18) Title Sheet dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan C: (3 of 11) Final Site Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan D: (4 of 11) Grading/ Erosion Control Plan dated Received June 14, 2013, prepared by BCE
Consultant, LLC.
Plan E: (5 of 11) Bluff Exhibit dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan F: (6 of 11) Preliminary Utility Plan dated Received June 14, 2013, prepared by BCE Consultant,
LLC.
Plan G: (7 of 11) Civil Details dated Received June 14, 2013, prepared by BCE Consultant, LLC.
SP -1
Plan H: (8 of 11) Landscaping Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan L• (9 of 11) Floor Plan dated Received June 14, 2013, prepared by 292 Design Group.
Plan J: (10 of 11) Exterior Elevations dated Received June 14, 2013, prepared by 292 Design Group.
Plan K. (11 of 11) Rendering of the Exterior Elevation Received June 14, 2013, prepared by 292 Design
Group.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2015. The Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security") in the amount of $90,710.00. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping, erosion control, utility extension, etc.). The City will
release the security posted in accordance with the City Code.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Dave Pokorney
Community Asset Development Group
1110 Yellow Brick Rd
Chaska, Mn 55318
612 703 5709
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail m 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.
7. Other Special Conditions. On August 12, 2013, the City Council adopted the
following motion:
"The City Council approves The site plan consisting of a 13,700 square -foot continuing care
retirement facility, Planning Case 2013 -08 for Bluff Creek Cottages as shown in plans dated
received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject
to the following conditions:
Building Official Conditions:
1. The proposed structure is required to have an automatic fire extinguishing system.
2. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report is required.
SP -2
Planning Conditions:
All rooftop and ground equipment must be screened from views.
2. Approval of the site plan application is contingent upon approval of the rezoning and
conditional use permit for Planning Case 2013 -08.
3. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The
sign shall be located 10 feet from the property line.
4. Sign illumination and design shall comply with ordinance. If illuminated, the letters shall
be backlit and use individual dimension letters, at least one -half inch deep. The sign
materials shall be compatible with the building. The applicant must apply for a sign permit.
5. The trash enclosure for the building has not been shown on the plans. The structure must be
screened from views and constructed of the same materials as the building. Recycling space
and other solid waste collection space should be contained within the same enclosure as the
trash.
6. Light levels for site lighting shall be no more than one -half foot candle at the project
perimeter property line. This does not apply to street lighting. Light fixtures shall be
downcast and the light shall be cut off at a 90- degree angle as required by the city code. All
fixtures shall be shielded.
Park and Trail Conditions:
Park fees in the amount of $12,000 shall be collected as part of the site plan permit.
Engineering Conditions:
An agreement must be obtained from MnDOT and Carver County to allow the driveway
to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities in
the right -of -way.
2. The applicant must apply for and receive a NPDES construction permit prior to any earth -
disturbing activity.
3. The applicant must prepare a SWPPP consistent with the NPDES construction permit
requirements (Part III) and submit this SWPPP to the city for review and comment.
4. The construction of the bioretention area shall be phased such that it is not disturbed until
after the rest of the site has been graded. The plans shall be amended to reflect this and
perimeter control shall be installed that will prevent the operation of equipment and the
stockpiling of materials in this area.
5. Sediment control Best Management Practices shall remain in place around the
bioretention basin until the area tributary to the basin is stabilized.
SP -4
24. The turnaround must allow enough room for a fire truck to turn and exit the parking lot
without going through the parking spaces. Approved turnarounds include a 100 -foot
hammerhead and a 70 -foot diameter cul -de -sac.
25. The plans are amended to read "Assumed wetland boundary — area not delineated per
1987 Corps Manual."
26. The 894' contour is the assumed wetland boundary for purposes of determining buffer
and setbacks.
27. Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage
2 wetland. The setback from this buffer shall then be thirty (30) feet.
28. That portion of the property containing the Bluff Creek Primary Zone and the tributary to
Bluff Creek is dedicated to the city as per discussion with applicant and city staff.
29. The model shall be amended to show that the peak discharge rate at the curb cut is no
greater than 3.0 cfs during the 25 -year storm event. If this cannot be achieved, the applicant
is strongly encouraged to use pipe to convey stormwater runoff.
30. An operations and maintenance manual shall be provided to the city for review and
approval and shall cover the bioretention feature and the swale inlet into the pond.
31. The outfall for the stormwater detention pond shall be pulled away from the wetland such
that there is adequate room to install all rip rap without any disturbance below the 894'
contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland
buffer area.
32. The bioretention feature shall be designed in a manner consistent with the Minnesota
Stormwater Manual "design criteria for bioretention".
33. A detailed plan for the bioretention feature, including phasing, soil amendments,
underdrain (if necessary) and planting schedule shall be provided to the city for review and
approval.
34. Percolation tests shall be performed in the bioretention area to determine infiltration rates.
The model shall be amended based upon these findings and provided to the city.
35. The bioretention feature shall be designed such that it drains within 48 hours.
36. Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be
a grass swale consistent with the MN Stormwater Manual "Guidelines for filter strip pre-
treatment sizing ", a forebay or a sump manhole at least three feet in depth.
37. The applicant must receive permission from Carver County for the proposed runoff
condition into Pioneer Trail, and provide a spread and run calculation to show that the
proposed catch basin will capture the ten -year event or otherwise design the storm sewer to
capture this event.
38. The applicant is responsible for all other permits and approvals.
SP -6
39. The developer's engineer must show the detailed lift station design and location in the
plans.
40. The City of Chaska must approve the sanitary sewer plans.
41. The sanitary sewer and watermain shall be privately owned and maintained.
42. A plan sheet is required to show the watermain extension from the driveway to the
connection to Chanhassen's watermain system.
43. The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions.
44. The developer's engineer shall model the watermain extension for fire flow demand to
the development to ensure the watermain pipe size is adequate.
45. Fire hydrants are required every 400 feet, and gate valves are required every 800 feet.
46. This property has outstanding assessments from previous improvement projects that were
deferred due to the property's Green Acres status. Altering the zoning for this property will
cause the assessments to come due.
47. Water and sewer trunk and hook -up fees are to be collected with the development
contract.
48. A permit is required for any work within the MnDOT or Carver County right -of -way.
49. A temporary construction easement will be required for the installation of utilities within
road right -of -way.
Miscellaneous Conditions:
The applicant shall work with staff on minor plan modifications."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN %
BY: �_
A�C
T Furlon , Mayor
(SEAL) u
AND;
dd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
SP -7
The foregoing instrument was acknowledged before me this 14"day of �O13
by Tom 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.
F.NGEI.MARDT
Na�ary F"uCi(la•�innoso
@'Y -s �My Commission Expires
an 31. 20 2015
Nyy�M/N
SP -8
DEVELOPER:
ICE
STATE OF MINNESOTA )
( ss
COUNTY OF CARMOf )
=I
The foregoing instrument was acknowledged before me this JILEL day of N oyan pf=� _
2013, by bov t ic) P," NE-{j C90 /,,cc .,a Corporation under the laws of the State of Minnesota, on
behalf of the company.
SUSAN ERBE
A KR
Notary 11211 Ub it
$ State of Minnesota
My Commission Ezplres NOTARY PUBLIC
January 3t, 2015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
SP -9
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
C 0 &A W. "N.7,Tq 3 \-V lk k I�-Nkfir_�
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
fh
Dated this ; day of A JQV_ R ErL , 2013.
STATE OF MINNESOTA )
( ss
COUNTY OF _8L E ?1_" _
The
2013, by
was
s�BNotary Pu li HOFFMAN
Notary Public- Minnesota
My Commission Expires Jan 31, 2014
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
before me this 10 day of &Io✓ember ,
CITY OF CHANHASSEN
GC -1
IC
SITE PLAN AGREEMENT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) Site Plan 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
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan D, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowing materials, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
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month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses, which the City may pay or incur in consequence of
such claims, including attorneys` fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 91/o, per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is fast
given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement
is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Site Plan Agreement.
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F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until the
streets needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers /Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this Site Plan
Agreement shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on
Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of
all internal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval:
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4, Watershed District,
5. Metropolitan Government, its agencies, departments and commissions.
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M. Proof of Title. Upon request, the Developer shall fiunish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers
too enter into this Site Plan Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of suitability of
soils nor the cost of correcting any unsuitable soil conditions which may exist.
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