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Application 3-18-05 ... u oS-13 CITY OF CHANHASSEN RECEIVED CITY OF CHANHAS~EN CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION MAR 1 8 2005 CHANHASSEN PLANNING DEPT APPLICANT: THOMAS HODORFF OWNER: PBK INVESTMENTS ATTN: BRIAN PELLOWSKI ADDRESS: 9063 L YNDALE AVE SO ADDRESS: 4969 OLSON MEMORIAL HWY BLOOMINGTON, MN 55420 TELEPHONE (Day time) 952-884-5341 GOLDEN VALLEY, MN 55422 TELEPHONE: 763-545-1697 _ Comprehensive Plan Amendment _ Temporary Sales Permit - Conditional Use Permit - Vacation of ROW/Easements - Interim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit _ Planned Unit Development* _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review* ~ Escrow for Filing Fees/Attorney Cost** VJ 00 ~ ($50 CUP/S~~CN ARIWAP/Metes and Bounds, $400 Minor SUB) l Subdivision* ~65ô .ðO 300 TOTAL FEE $ CJSð. Oó ¿50 .!1t- A list of all property owners within 500 feet of the boundaries of the property must be included with the -'( application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 03/17/2005 23:53 PBK INVESTMENTS ~ 99528845344 NO. 153 [;102 PROJECT NAME SEVEN FORTY ONE CROSSING SECOND ADDITION. LOCATION 2401-2497.2499-2503 HIGHWAY 7 LEGAL DESCRIPTION Lot 2, BlocK 1. SEVEN FORTY ONE CROSSING. accoroìoQ to the recorded plat th~r~of. and ìs situated in Carver Countv. Mil'1nesota. -- TOTAL ACREAGE Site area =: 229,747 square feet = 5.274 aGres. WETLANDS PRESENT YES X NO -- PRESENT ZONING BN (Neig,hborl1ood BUSiness) REQUESTED ZONING PRESENT LAND USE OeSIGNATJQN REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or ch~arrV printed and must be accompanied boy ~lIlnforn'ation and plans required by aQPlicaÞle City Ordinance provisions. Before filing this application. vou should confer with the f'1¡:mn¡"2 Department to determine the specific ordinance and procedural requirements applicable to your ap~Jicat¡Qn A determination of completeness of the applìcatìon $hall be made within ten business days of apfJlication submittal A wr.t!er1 notice 01 application oeflciencíes shall be mailed to the applicant within ten bl, SlneSS days of appliCation Tt\is is 10 certify that I am makIng application for the descriMd action by the City and that I am responsiblê for complYing with all City requirements with regard [0 \his request. This application should be processed in my name ð\"lÖ I am the party whom the City should contact regé1rdíng ar'ly m2ltter pertaining to this application. I have attaçhed a copy of proof of ownershìp (either copy of Owner's Duplicate Certificate of Title. Abstract of Titl@ or purchase 3greerr1el"tt) or 1 am the authorized person to l"J'Iðke this ap¡:>IIcation and the fee owner has also signed thís application I Will Keep myself informed Of the deadlines for s\,IbmiSSlon of material and the progress of this applicatio('l. ) further understand that additional fees may be charged for consulting fees, feasibility studjes, etC. with an estimate príN te a:1Y ð~lthorI2at\On [0 proceed with the study The documents and information ¡ hav'e submitted are true 2a"ld COfree! to ¡he ~Sl vf my knowledgê The city hereby notlfìès the applicant that development review cannot bê tOI'lipleted within 60 days dlJ~ to puoi1c 11e,;r;:'Ih' requirements and agency review. Therefore. the city la t'\Otifýing the applicant that ~he ci~y reQvires an automatic t50 day extension fQr development revìew Oeveropment review snail be completed wlthi!"l120 days unless additionai review extensions are approved by ~he applicant. :5 -If/--OS- Date c.3 ';¡{f)j'-- Date Application Recejved on Fee Paid Receipt No. The applicant should contact staff for a çopy of the $ta" report which will be available on Friday prior to the meeting_ If not contacted, a çopy of the report will be maihJd to the ~ppJicant':i addre$15. G'd 17VES+V8éH~Sõ SöO^3^èlnS-rSH nOd;:1 ¡IVSfì . U ¡ 5Øi:-6 l-~ 111.- HARRY S. JOHNS()N CO., INC. ~ 9063 Lyndale Avenue So. " . l ~ Bloomington, MN 55420 ~~ Telephone: (952)884-5341 Fax: (952)884-5344 www.hsjsurveyors.com LETTER OF TRANSMITTAL No.: 9193 Sharmeen AI-Jaff City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Date: 3/17/2005 W.O.#: Sent Via: Messenger Please be advised we are sending you the following: No. of Copies Description 16 Preliminary and Final Plat, SEVEN FORTY ONE CROSSING SECOND ADDITION 1 Application 1 Fee 1 Copy of Title Commitment 1 Transparency of each page These are being transmitted as indicated below: FOR REVIEW/APPROVAL Comments: Commitment To Insure ALTA Commitment - 1982 AGREEMENT TO ISSUE POLICY lIf '* * ~* Cà ~: :If . * l' ,.. We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1 The Exceptions in Schedule B-II. The Conditions below This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. CONDITIONS 1. Definitions. (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title - according to the state statutes where your land is located. 2. Later Defects. The Exceptions in Schedule B - Sections II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date of which al[ of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. Existing Defects. If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tel[ us about it in writing. 4. Limitation Of Our Liability. Our only obligation is to issue to you the Policy referred to in this Commitment. when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment. our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section [I. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. Claims Must Be Based On This Commitment. Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory OLO REPUBLIC NATIONAL TITlE INSURANCE COMPANY A Stock Company 400 Second Avenue South. Minneapolis. Minnes01a 55401 (612131Ulll By President ORT Form 3538 ALTA Commitment Form· 1982 AlleS! Secretary APPLICA nON NO.: CAR-ORI022657 ALTA COMMITMENT-1982 Rev. SCHEDULE A APPLICATION NO.: OR1022657-C 1. EFFECTIVE DATE: April 22, 2004 AT 7:00 AM 2. POLICY OR POLICIES TO BE ISSUED: D 'ALTA' RESIDENTIAL OWNERS POLICY REV 1987 D'ALTA' OWNER'S POLICY 10-17-92 PROPOSED INSURED: [8J 'ALTA' LOAN POLICY 10-17-92 $3,100,000.00 PROPOSED INSURED: Thrivant Financial for Lutherans o OTHER POLICY ISSUED PROPOSED INSURED: o OTHER POLICY ISSUED PROPOSED INSURED: 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: 7 & 41, LLC, a Minnesota limited liability company (as to Parcell) AND 7 & 41 Crossing Center Limited Partnership, a Minnesota limited partnership (as to Parcel 2) ORDOCS ORT AL T A COMMITMENT 1982 FOR ALL POLICY TYPES PAGE 1 ...,..... : <R~: ~~~1lt~~~~~!~ * ~..."'" - - -----------~--------- -- - ---- ----"-------- APPLlCA nON NO.: CAR-ORI022657 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Parcell: Lot 1, Block 1, Seven Forty One Crossing, according to the recorded plat thereof, and situate in Carver County, Minnesota. Abstract Property Parcel 2: Lot 2, Block l, Seven Forty One Crossing, according to the recorded plat thereof, and situate in Carver County, Minnesota. Parcel 3: Together with the appurtenant easements contained in that certain Operation and Easement Agreement dated December 5, 1997, filed January 5, 1998, as Document No. 220591, as amended and restated by that certain Amended and Restated Operation and Easement Agreement dated June 1,1999, filed June 15, 1999, as Document No. 251431. Abstract Property ORDOCS ORT AL T A COMMITMENT 1982 FOR ALL POLICY TYPES PAGE 2 ....~.. it : <à : 2~~ Tn~~~~~~~ *i<"* - -------_._--~. APPLICATION NO.: CAR-ORI022657 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: 1. Satisfaction of the following Mortgage: Open-End Mortgage and Security Agreement executed by 7 & 41 Crossing Center Limited Partnership, a Minnesota limited partnership, AND 7 & 41 LLC, a Minnesota limited liability company, in favor of Charter One Bank, F.S.B, dated February 27, 2002, filed March 14, 2002, as Document No. A 310749, in the original amount of $2,650,000.00. (as to Parcels 1 and 2) 2. Release of the following Assignment: Assignment of Leases and Rents by 7 & 41 Crossing Center Limited Partnership, a Minnesota limited partnership, and 7 & 41 LLC, a Minnesota limited liability company, to Charter One Bank, F.S.B., dated February 27,2002, filed March 14,2002, as Document No. A3l0750. (As to Parcels 1 and 2) 3. A properly executed mortgage from 7 & 41, LLC, a Minnesota limited liability company, and 7 & 41 Crossing Center Limited Partnership, a Minnesota limited partnership, to Thrivent Financial for Lutherans which identifies the property owned by each of the mortgagors. 4, We have been requested to waive our Standard Exception(s) A, B, C, D and E and to issue various Endorsements on the Final Loan Policy. Said exceptions can be waived and the Endorsement(s) given upon the following conditions: a) Standard Exception A (Survey Exception). We must be supplied with an acceptable survey certified to ALTA standards, Old Republic National Title Insurance Company and the proposed insureds. Upon receipt and review of said survey, the Final Loan Policy will be subject to our findings but free and clear of the General Exception A. b) Standard Exception B (Parties in Possession Exception). We must be supplied with an affidavit executed by the seller dated the day of closing which sets forth the status of any unrecorded leases, options to purchase, rights of first refusal, easements, etc. The Final Loan Policy will be subject to the disclosures of said Affidavit but free and clear of the General Exception B. c) Standard Exception C (Mechanic's Lien Exception). We must be advised of the status of improvements on premises before a determination can be made in regard to waiving said exception. ORDOCS ORT AL T A COMMITMENT 1982 FOR ALL POLICY TYPES PAGE 3 .*>t it : ~ : 2~~ m~~~~~~~ *it>t* · . APPLICATION NO.: CAR-ORI022657 d) Standard Exception D (Gap in Recording Exception). This exception can be waived at closing only if this transaction is closed by Old Republic National Title Insurance Company. e) Standard Exception E (Unrecorded Easements Exception). This exception can be waived upon receipt of the items required at paragraphs (a) and (b) above. The Final Loan Policy will be subject to the disclosures in the items required in said paragraphs, but free and clear of the General Exception E. f) Upon receipt of the required Items at paragraphs (a) and (b) above, the ALTA 9 Comprehensive Endorsement will be given on the Final loan Policy. g) Upon receipt of an acceptable zoning letter from the City of Chanhassen which sets forth what the premises is zoned, the pennitted uses, states that the current use is in compliance with said zone, and that the parking requirement has been met, the AL T A 3.1 Zoning Endorsement including parking will be given on the Final Loan Policy, h) Upon receipt of the required Item at paragraph (a) above, the Survey Accuracy Endorsement will be included in the Final Loan Policy. i) The Location Endorsement; Usury Endorsement; Tax Parcel Endorsement; Endorsement Deleting Creditor's Rights and Arbitration; Access Endorsement; and Contiguity Endorsement will be included in the Final Loan Policy. ORDOCS ORT ALTA COMMITMENT 1982 FOR ALL POLICY TYPES PAGE 4 .*>t ~ it: <R : 2~~ rn~~!;.~~~S * ~... «: ~........ ~""~":L"''''''''''''''' L''-'.. "--'~"''''''-''''''''''''''''''U''''V~I SCHEDULE B - SECTION 2 STANDARD EXCEPTIONS A Facts which would be disclosed by a comprehensive survey of the premises described herein. B Rights and claims of parties in possession. C Mechanics', Contractors', or Materialmen's liens and lien claims, if any where no notice appears of record. D Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the Title Policy. E Easements, or claims of easements, not shown by the public records. IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS, STIPULATIONS AND EXCLUSIONS FROM COVERAGE CONTAINED HEREIN AND IN THE COMPANY'S USUAL FORM OF POLICY, THE LAND REFERRED TO IS, AS OF THE EFFECTIVE DATE HEREOF, SUBJECT TO THE FOLLOWING: 1. There are no levied or pending special assessments. 2, Taxes for the year 2004 in the amount of $25,538.00 are half paid, half unpaid. (Base tax amount $25,454.00.) (Tax No. 25-794001-0,) (as to Parcell) Taxes for the year 2004 in the amount of $67,380.00 are half paid, half unpaid. (Base tax amount $67,296,00.) (Tax No. 25-794002-0.) (as to Parcel 2) NOTE: Carver County tax records indicate property is non-homestead for taxes payable in the year 2004. 3. Tenns and conditions of that certain Development Contract dated October 20, 1988, filed January 13, 1989, as Document No. 102620, by and between the City of Chanhassen and HSZ Development, Ltd., a Minnesota Corporation, as amended by Development Contract Addendum "A" dated November 6, 1989, filed March 19, 1990, as Document No. 113024. NOTE: Certificate of Compliance dated November 10,1993, was filed December 17,1993, as Document No. 159555 regarding the above contract. 4. Utility and drainage easement(s) as shown on the recorded plat of Seven Forty One Crossing. 5. Tenns, conditions, provisions and easements contained in that certain Operation and Easement Agreement dated December 5, 1997, filed November 5, 1998, as Document No, 220591, as amended and restated by Amended and Restated Operation and Easement Agreement, dated June 1, 1999, filed June 15, 1999, as Document No. 251431. ORDOCS ORT AL T A COMMITMENT 1982 FOR ALL POLICY TYPES PAGE 5 ....."'* ~ ...'* hh '* OLD REPUBLIC *' ':[{, ..... National TItle Insurance Company * ~ * * , . APPLICATION NO.: CAR-ORI022657 6. Right of access to State Trunk Highway No. 7 was acquired by the State of Minnesota as evidenced by instrument filed in Book L of Miscellaneous, page 547. Said right of access was partially released and limited by the State of Minnesota in Deed dated October 24, 1988, filed December 12, 1988, as Document No. 101807. 7. Right to construct and maintain temporary snow fences over lands adjacent to State Trunk Highway No.7, acquired by the State of Minnesota, as evidenced by Final Certificate recorded in Book L of Miscellaneous, page 547. 8. Limitation of right of access from the premises to State Trunk Highway No. 41. Said right was limited by the State of Minnesota as evidenced by Book M of Miscellaneous, page 273. 9, Right to construct and maintain temporary snow fences over lands adjacent to State Trunk Highway No. 41, acquired by the State of Minnesota, as evidenced by Final Certificate recorded in Book M of Miscellaneous, page 273. 10. Terms, conditions, provisions and easements contained in that certain Easement Agreement dated December 29, 1988, filed January 9, 1989, as Document No. 102509. 11. Easement for trail purposes over part of the premises together with incidental rights granted to the City of Chanhassen, as evidenced by instrument dated December 13, 1988, filed December 16, 1988, as Document No. 101948. 12. Easement for right-of-way for public roadway purposes over part of the premises together with incidental rights granted to the City of Chanhassen, as evidenced by instrument dated April 4, 1990, filed April 1 0, 1990, as Document No. 113589. 13. Ea.."ement for public roadway and utility purposes over part of the premises together with incidental rights granted to the City of Chanhassen, as evidenced by instrument dated August 4,2000, filed August 17,2000, as Document No. 273869. 14. Terms and conditions of that certain City of Chanhassen Site Plan Permit No. 97-4 dated August 24, 1998, filed March 28, 2000, as Document 266664. 15. Resolutions by the City Council of the City of Chanhassen regarding Conditional Use Permits filed as Document Nos, 114477, 119762, 123313,238447 and 240392 ORDOCS ORT AL T A COMMITMENT 1982 FOR ALL POLlCY TYPES PAGE 6 .....~* i< : CR : ~t~~ rn~~!r:~~;~ *i<"'*