Recorded DocumentsCAMPBELL KNUTSON
April 8, 2014
HAND DELIVERED
Vicki L. Dellwo
Custom Home Builders Title, LLC
10850 Old County Road 15
Plymouth, MN 55441
Re: HUMMINGBIRD HEIGHTS, Chanhassen, MN
(Owner /Developer: Summit Woods, LLC)
Dear Ms. Dellwo
This office is legal counsel for the City of Chanhassen ( "City "). For convenience,
Custom Home Builders Title, LLC is referred to in this letter as "you ". This letter
(`Escrow Instructions ") constitutes escrow instructions for the closing to be scheduled
with Summit Woods, LLC.
The City's closing documents are enclosed herewith. The City's closing documents shall
be deposited and disbursed strictly in accordance with the Escrow Instructions. Attached
to this letter is an acknowledgement by you of the receipt of this letter and your
agreement to hold and disburse the closing documents and funds in accordance with the
Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions,
you must first sign and return a copy of this letter to me via fax (original to follow by
mail). I have enclosed a self - addressed return envelope for your convenience.
1. Documents. The City hereby releases to you in escrow the following documents
which must be filed prior to any transfer documents or other liens or encumbrances:
A. Development Contract between the City and Summit Woods, LLC
( "Development Contract ");
B. Grant of Permanent Easement for Drainage and Utility Purposes;
C. Tree Preservation Easement; and
D. Two (2) Warranty Deeds between Summit Woods, LLC.
2. Closing Conditions. You may record the above referenced documents with
Carver County subject to the following conditions:
175412
You have received the executed Warranty Deed transferring title to the
property described in Certificate of Title No. 36840.0 from Homestead
Partners, LLC to Summit Woods, LLC.
B. You have received payment from the Developer for all recording costs and
fees for the recording of the all documents identified herein.
Page 2
April 8, 2014
Custom Home Builders Title, LLC
The documents referenced above must be recorded in the following order:
• Warranty Deed between Homestead Partners, LLC and Summit Woods, LLC;
• Development Contract between the City and Summit Woods, LLC;
• Warranty Deeds between Summit Woods, LLC for the two newly created lots;
• Grant of Permanent Easement for Drainage and Utility Purposes; and
• Tree Preservation Easement.
Once all documents have been recorded with the County, please provide this office with the
appropriate recording information by requesting the County Recorder to complete the enclosed
blue "Filing of Documents" sheet and either e -mail it to the address on the blue sheet, or forward
the same to me in the self - addressed envelope provided. The City will not permit the developer to
start work on the project until we receive the recording information.
Once you receive the original recorded Development Contract from the County, please forward the
same to me for the City's file.
If you have any questions, please call.
AMP /jmo
Enclosures
Cc: Alyson Fauske, PE
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:-''
Andrea McDowe 1 Poehler
RECEIPT ACKNOWLEDGEMENT
Agreed to and accepted this day of , 2014.
CUSTOM HOMF,,PUILDERS TITLE, INC.
By:
Senior Commercial Escrow Officer
175412
CUSTOMHOMEBUILDERS
T I T L E, L L C
May 27, 2014
Homestead Partners, LLC
525 15t` Avenue South
Hopkins, MN 55343
Attn: Tom Strohm
RE: File No. HB- 26862A
Dear Tom,
10850 Old County Road 15, Suite 100
Plymouth, MN 55441
Main: 763 - 489 -3240
Fax: 763 - 489 -3241
Property at 6221 Hummingbird Road
Enclosed please find the following documentation regarding the above referenced file:
1. Invoice.
2. Warranty Deed filed as Document No. T192040.
3. Copy of Development Contract filed as Doc. No. T192041. (Orig. to
Campbell Knutson)
4. Warranty Deed filed as Document No. T192042.
5. Warranty Deed filed as Document No. T192043.
6. Grant of Permanent Easement filed as Doc. No. T192044.
7. Tree Preservation Easement filed as Doc. No. T192045.
It was our pleasure to assist in your transaction, and if you have any questions regarding
this information please contact me at 763 - 489 -3240. We look forward to working with
you again.
Very truly yours,
Custom Home Builders Title, LLC
Alison J. Twiss
Final Documents
1 ,
PID#
No delinquent taxes and transfer
entered: Certificate of
Real Estate Value ( ) Filed Not Required
CRV #
204p-
r- Treasurer
uty
Document No. OFFICE OF `f HE
REGISTRAR OF TITLES
T 192040 CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
192040 Cert. # 36929 Fee: $46.00
Mark Lundren
1111111111111111I Registrar of Titles
WARRANTY DEED Form No. 9-M Minnesota Uniform
Corporation, Partnership or Lmtted Liability Conveyancing Blanks (071M
Company to Corporation, Partnership or
Lmitad LlabW Company (TM 3 Ischia Xs—d fm R—dine Data)
DEED TAX DUE: S 1 (o S —TD4.1 rttS L14S ThAl • S00
Data: - -1 I - I
FOR VALUABLE CONSIDERATION, Homnegtad Partners LLC
a J,(mlted lJablllty Comoanv under the laws of aftanesote -
Grantor, hereby wnvrys and werrenu m �•mmtt Wtwde. LLC
Omtas, a
i under tho laws of Minnaot;: -
real property in County, Mimeseta, described a follows:
SEE ATTACHED EXHIBIT A
,g,. scls00ao
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
-- truittlame. Restrictions and Casements of record. If env
Cbeek box if applicable:
The Sella certifies that the Sella does not know of say 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 welts
on the described real property have not changed since the last previously filed well disclosure cer0am.
Honest
3e3edTax of $f ,,,
-
Affix Deed Tax % te j %an ( a By N rte o.nw.ttr
;onservation Fee Paid its Chlef Menetter
s, rie Davies
STATE OF MINNESOTA �,r,��� � �'
COUNTY OF . F� fJ I\ "J"W ii G--u Auditor- Treasurer Its
This instrunmt was acknowledged before me
by 4homwettnr - _ and
the �1 and
of omsat�ad arinara LLG
a rJrnir.,d r�.tr Comnanv under the laws of
on behalf of the mnaov
/° Notary public u D►
s 5; Minnesota
d�3' My Comm. Expires
==' Jan 31, 2015
(],erY here rdl a pert af the laid a Mpaaed (raanr) 1H
THIS INSTRtIh¢NTWAS DRAFTED OV T. almmts 8160 Id,rapaly dacdbed in dir ilnamlan should be
rent m (include name aid add" of 0ranin):
Custom Home Builders Tmlo, LLC
10650 Old County Rod 15 Summit Woods, 11C
Plymouth, MN 55441 �6,�.,,, qa/�
(763)489 -3240 /".""' " + ' pp "��µ,,
525 15th Ave. S. Custom Home Bldrs.. r rte
Hopkins, MN 33343
10850 Old County Road 15
Plymouth, MN 55441
LEGAL DESCRIPTION
EXHIBIT A
Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Range 23, described as follows:
Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19
links; thence South 9 -1/2 degrees East to the point of intersection with the South line of Lot 6, "Murray Hill' if
extended; thence West to the Southeast corner of Lot 6, "Murray Hill; thence North along East line of Lot 6 to
the point beginning, Carver County, Minnesota.
Torrens Property
(HB- 26862A- PFD /H &26862A/58)
Document No.
OFFICE OF THE
T 192041
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
192 041
Cert. 9 36929 Fee: $46.00
Mark
of
111111111111111
Regist ar Titles
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HUMMINGBIRD HEIGHTS
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
Custom Home Bldrs. Title
10850 Old County Road 15
Plymouth, MN 55441
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
L
REQUEST FOR PLAT APPROVAL ................................................. ...........................SP -1
2.
CONDITIONS OF PLAT APPROVAL ............................................. ...........................SP
-1
3.
DEVELOPMENT PLANS ............................................................. ...............................
SP -1
4.
IMPROVEMENTS ......................................................................... ...............................
SP -1
5.
TIME OF PERFORMANCE .......................................................... ...............................
SP -2
6.
SECURITY ......................................................................................... ...........................SP
-2
7.
NOTICE .............................................................................................. ...........................SP
-2
8.
OTHER SPECIAL CONDITIONS ................................................. ...............................
SP -3
9.
GENERAL CONDITIONS ............................................................ ...............................
SP -5
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ...................................................................... ...........................GC
-1
2.
PHASED DEVELOPMENT ............................................................. ...........................GC
-1
3.
PRELIMINARY PLAT STATUS ..................................................... ...........................GC
-1
4.
CHANGES IN OFFICIAL CONTROLS .......................................... ...........................GC
-1
5.
IMPROVEMENTS ............................................................................ ...........................GC
-1
6.
IRON MONUMENTS ....................................................................... ...........................GC
-2
7.
LICENSE ........................................................................................... ...........................GC
-2
8.
SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC
-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OROTHER BUILDING ....................................................... ...........................GC
-2
9.
CLEAN UP .................................................................................... ...............................
GC -3
10.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC
-3
11.
CLAIMS ............................................................................................ ...........................GC
-3
12.
PARK DEDICATION ................................................................... ...............................
GC -3
13.
LANDSCAPING ............................................................................... ...........................GC
-3
14.
WARRANTY ................................................................................ ...............................
GC -4
15.
LOT PLANS ...................................................................................... ...........................GC
-4
16.
EXISTING ASSESSMENTS ............................................................ ...........................GC
-4
17.
HOOK -UP CHARGES ..............................................................._...... ...........................GC
-4
18.
PUBLIC STREET LIGHTING .......................................................... ...........................GC
-4
19.
S IGNAGE ...................................................................................... ...............................
GC -5
20.
HOUSE PADS ................................................................................... ...........................GC
-5
21.
RESPONSIBILITY FOR COSTS ..................................................... ...........................GC
-5
22.
DEVELOPER'S DEFAULT .............................................................. ...........................GC
-6
22.
MISCELLANEOUS
A. Construction Trailers ............................................................. ...........................GC
-6
B. Postal Service ......................................................................... ...........................GC
-7
C. Third Parties ........................................................................... ...........................GC
-7
D. Breach of Contract ................................................................. ...........................GC
-7
E. Severability ............................................................................ ...........................GC
-7
i
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
Building Permits ........
Waivers /Amendments
Release........................................... ...............................
Insurance........................................ ...............................
Remedies........................................ ...............................
Assignability.................................. ...............................
Construction Hours ........................ ...............................
Noise Amplification ....................... ...............................
Access............................................ ...............................
Street Maintenance ......................... ...............................
Storm Sewer Maintenance ............. ...............................
Soil Treatment Systems ................. ...............................
Variances........................................ ...............................
Compliance with Laws, Ordinances, and Regulations.
Proofof Title .................................. ...............................
Soil Conditions ............................... ...............................
Soil Correction ............................... ...............................
HaulRoutes ....................................... ...............................
Development Signs ............................ ...............................
Construction Plans ............................. ...............................
As -Built Lot Surveys ......................... ...............................
ii
... ............................... GC -7
... ............................... GC -7
... ............................... GC -7
... ............................... GC -7
... ............................... GC -8
• .. ............................... GC -8
... ............................... GC -8
... ............................... GC -8
... ............................... GC -8
... ............................... GC -8
... ............................... GC -9
... ............................... GC -9
... ............................... GC -9
... ............................... GC -9
... ............................... GC -9
. ............................... GC -10
. ............................... GC -10
.. ............................... GC -10
.. ............................... GC -10
.. ............................... GC -10
.. ............................... GC -11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
HUMMINGBIRD HEIGHTS
SPECIAL PROVISIONS
AGREEMENT dated January 27, 2014 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and, Summit Woods, LLC, a Minnesota Limited
Liability Company (the "Developer ").
1. Request for Subdivision Approval. The Developer has asked the City to approve a
subdivision for HUMMINGBIRD HEIGHTS (referred to in this Contract as the "subdivision ").
The land is legally described on the attached Exhibit "A ".
2. Conditions of Subdivision Approval. The City hereby approves the subdivision
on condition that the Developer enter into this Contract, furnish the security required by it, and
record the subdivision with the County Recorder or Registrar of Titles within 30 days after the City
Council approves the subdivision.
3. Development Plans. The subdivision shall be developed in accordance with the
following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval, after entering the Contract, but before
commencement of any work in the subdivision. If the plans vary from the written terms of this
Contract, the 'written terms shall control. The plans are:
Plan A: Subdivision approved January 27, 2014, prepared by Terra
Engineering.
Plan B: Grading, Drainage and Erosion Control Plan dated January 27, 2014,
prepared by Terra Engineering.
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer Service to Lot 2
B. Water Service to Lot 2
C. Street restoration costs related to sanitary sewer and water service installation.
D. Storm Water Drainage System
E. Setting of Lot and Block Monuments
F. Surveying and Staking
G. Erosion Control
SP -1
5. Time of Performance. The Developer shall install all required improvements by
November 15, 2014. The Developer may, however, request an extension of time from the City
Engineer. 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.
6. Security. To guarantee compliance with the terms of this Contract, installation of
sanitary sewer and water service to Lot 2, street repair resulting from the installation of the sewer
and water service to Lot 2, and installation of the rain garden features, the Developer shall furnish
the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or
cash escrow ( "security ") for $17,655.00. The amount of the security shall be 110% of the
following:
Street restoration
$ 10,000.00
Rain garden installations $ 5,000.00
Total construction costs $ 15,000.00
Engineering, surveying, and inspection (7% of construction costs) $1,050.00
Subtotal $16,050.00
TOTAL SECURITY AMOUNT: $17,655.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the required improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down. If the security is drawn down, the draw shall be used to cure the default. With City approval,
the security may be reduced from time to time as financial obligations are paid, but in no case shall
the security be reduced to a point less than 10% of the original amount until (1) all improvements
have been completed, (2) iron monuments for lot corners have been installed, (3) all financial
obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a
warranty security is provided, and (6) the public improvements are accepted by the City.
7. Notice. 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:
Tom Strohm, Project Manager
Homestead Partners
525 15t' Avenue South
Hopkins, MN 55343
Phone: 612 - 695 -2275
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
SP -2
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
A $17,655.00 letter of credit or escrow for the developer - installed improvements, the
$22,531.10 cash administration fee and the fully- executed development contract must be
submitted. The cash fee was calculated as follows:
Park Dedication fee: 2 units x $5,800 /unit $11,600.00
Partial payment of water hook up fee: 2 units x $1,886 /unit $ 3,772.00
Partial payment of sewer hook up fee: 2 units x $664 /unit $ 1,328.00
Storm Water Utility connection fee $ 5,336.10
Administration fee (3% of construction costs) $ 450.00
GIS fee: $25 (subdivision) + (2 parcels x $10 /parcel) $ 45.00
$22,531.10
B. BUILDING DEPARTMENT CONDITIONS OF APPROVAL
1. Appropriate permit(s) required for the demolition or moving of any existing
structures.
2. A final grading plan and soils report must be submitted to the Inspections Division
before building permits can be issued.
3. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
4. Each lot must be provided with separate sewer and water services.
C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL
1. A $10,000 security must be provided to ensure that the street is restored following the
installation of sewer and water services to Lot 2. The security can be released when
the City determines that the patch is in good condition after one freeze -thaw cycle.
2. Sewer and water hookup charges are due for both parcels, a portion of which shall be
collected with the subdivision:
Water: 2 units x $1,886 /unit = $3,772
Sewer: 2 units x $664 /unit = $1,328
The remainder of the water and sewer hookup fees shall be paid with the building
permit at the rate in effect at that time.
SP -3
3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent
Easement for Public Drainage and Utility Purposes" document. This document shall
be recorded with the metes and bounds subdivision.
4. The City Attorney shall draft and the developer shall execute a "Preservation
Easement" document. This easement shall restrict the removal of vegetation to allow
for only the removal of invasive vegetation or noxious weeds and only after the
removal has been reviewed and approved by the City. The document shall also forbid
any topographic alterations or placement of fill materials except as is necessary to
correct demonstrable erosive conditions provided a plan is developed by a licensed
civil or soils engineer or a licensed geologist or soil scientist. In the event this
easement is vacated, Storm Water Management Fees, as listed in Section 4 -30 (c) 3 of
the City Code, shall be due for the vacated area at that time. This document shall be
recorded with the metes and bounds subdivision.
Storm Water Utility connection fees totaling $5,336.10 shall be collected with the
subdivision.
6. A plan showing the design of the rain garden features along with details and
specifications shall be provided for review and approval.
7. The proposed location of the rain gardens shall be moved such that it treats water
from the driveway and/or road area and so that there is not a concentrated flow
condition to the bluff area.
8. The applicant must provide a letter from Minnehaha Creek Watershed District stating
that the development is in compliance with their stormwater management and erosion
control rules.
9. An operations and maintenance manual describing the schedule for anticipated
inspections and maintenance of the rain garden areas and indicating who is
responsible for the long -term care and maintenance of the features unless included
with MCWD submittal and approval.
10. A $5,000 security must be provided to ensure that the rain garden features are
constructed on lots 1 and 2. The security can be released when the City confirms that
they have been constructed per design and have adequately performed through one
full growing season.
11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the
NPDES construction permit shall be provided for review and comment.
12. The applicant shall provide proof that the NTPDES permit has been applied for and
received from the MPCA. This can be in the form of the permit number.
R
13. All erosion prevention and sediment control shall be installed prior to any earth -
disturbing activities. The city shall be contacted to inspect that this condition has
been met.
14. All applicable details shall be included in the plan set and shall be specific to the
proposed improvements.
15. The detail for the bioretention facility shall be modified such that it does not include
in situ soils materials.
16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A
geotechnical report or percolation testing report indicating that the area is not
conducive to infiltration as described in the MN Online Stormwater Manual can be
submitted in lieu of this.
17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas
from all construction- related activities and shall be placed as far from the top of bluff
as is reasonable to allow adequate room for construction equipment yet protecting the
bluff.
18. The plans should call out for all infiltration/filtration areas that they are to be
protected from all construction related activities throughout the duration of the
project.
D. PARKS AND RECREATION DEPARTMENT CONDITION OF APPROVAL
The developer shall pay park dedication fees at the rate in force upon final plat approval
for the two lots prior to recording the property deeds.
E. PLANNING DEPARTMENT CONDITION OF APPROVAL
Deeds for the two parcels shall be submitted to the city for review and approval and then
recorded at Carver County.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit 'B" and incorporated herein.
SP -5
CITY OF CHANHASSEN
M
(SEAL)
A. Furlong, Mayor
Gerhardt, City Manager
SUMMIT WOODS, LLC:
BY:
,Its t� %)!✓�su %,.
STATE OF MINNESOTA )
r.az -( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 10 day Aq t a,11, d'- ,
2014, by Thomas A. 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. �
STATE OF MDNNESOTA )
(ss.
COUNTY OF + �`� l `, = `/)
ARY PUBLIC
KAREN J. ENGELHARDT
I €Votan% Public - Minnesota
My Commission Expires Jan 31, 2015
The foregoing instrument was acknowledged before me this day of
2014, by i u ", `, ,r � 1✓ �': - -' r!' of Summit Woods, PLC, a Minnesota Limited
Liability Company, on behalf of th49mpanY
NOTARY PUBLIC-'
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
DARLEEN C TURCOTTE
J
e
Notary Public
Minnesota
= - -!� -"
My Comm. Expires
Jan 31, 2015
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the
Registrar of Deeds in and for Carver County, Minnesota
and
That tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116,
Range 23, described as follows:
Beginning at the Northwest corner of the Northeast Quarter of said Section 3, thence East 12
rods and 19 links; thence South 91/2 degrees East to the point of intersection with the South
line of Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the
office of the Registrar of Deeds in and for Carver County, Minnesota, if extended, thence
West to the Southeast corner of Lot 6, "Murray Hill"; thence North along East line of Lot 6
to the point of beginning.
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
f
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this day of
STATE OF MINNESOTA )
( ss.
COUNTY OF r (E1,;E IUG% L)
The
20,-/-1 by —
instrument was acknowledged before me this day of���'E%E�
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
DARLEEN C TURCOTTE
;;,....,
®
Notary Public
e i
Minnesota
{
My Comm. Expires
Jan 31, 2015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
MORTGAGE FOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
' 1 1117
Datedthis C% dayof
STATE OF MINNESOTA )
( ss.
COUNTY OF r
The foregoing instrument was acknowledged before me this 1 day of
20
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
I a0yI :19111 Hi
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this 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 plat has been
recorded with the County Recorder's Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional engineer
furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary
GC -1
permits from the Metropolitan Council Environmental Services and other pertinent agencies before
proceeding with construction. The City will, at the Developer's expense, have one or more
construction inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer /inspector to respond to questions from the City Inspector(s) and to make
periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. 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 plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment 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 and sediment
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 and sediment transport. If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport 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 the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After the
site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and
sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay
bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control
measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
GC -2
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 7 -22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one -half (2 %z) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). In addition to any sod required as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
the certificate of occupancy issued, except that if the certificate of occupancy is issued between
GC -3
October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty -five percent (25 %) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re- spread
against the plat in accordance with City standards.
17. Hook -up Charges.. At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook -up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook -up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City
GC -4
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as- built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3 %) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000
and $1,000,000, three percent (3 %) of construction costs for the first
$500,000 and two percent (2 %) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one -half percent (21/2 %) of construction costs for the first $1,000,000 and
one and one -half percent (11 /2 %) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
progress of the construction. Payment shall be due in accordance with Article 21E of this
Agreement.
GC -5
C. 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 plat
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.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ( "SAC "), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities_ The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
22. 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
first given notice of the work in default, not less than four (4) days in advance. This Contract 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.
23. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
GC- 6
thirty (30) days following the acceptance of the public improvements 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
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers /Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
L Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
GC-7
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed 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.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick -up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur from
7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity
allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure to
do so. Under emergency conditions, this limitation may be waived by the written consent of the City
Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall
pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1;000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the street
GC -8
base or utilities because of snow plowing operations. The provision of City snow plowing service
does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off -site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2 -year maintenance
period.
Q. 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 platting 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.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws. Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. 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.
GC-9
V. 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. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading project,
a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a
building permit for the lot. On lots with fill material that have been custom graded, a satisfactory
soils report from a qualified soils engineer shall be provided before the City inspects the foundation
for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full -size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete full -size sets of blue line /paper as -built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The
Developer is required to submit the final plat in electronic format.
Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as -built survey is completed. If the weather conditions at the time of the as -built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as -built escrow withheld until all work is complete.
Rev. 3/31/06
GC -10
PID# a c
No delinquent taxes and transfer
entered: Certifica of
Real Estate Value ( ) File l of Required
CRV # �--�
-` zo_ 1�4
Laurie Davies Qum tyAuditor- Treasurer
By puty
Document No.
OFFICE OF THE
T 192042
REGISTRAR OF TITLES
Custom Home Builders Title, LLC
10850 Old County Road 15
CARVER COUNTY, MINNESOTA
Plymouth, MN 55441
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
1I 92042
Cert. # 36930 Fee: $46.00
Illl�ll�gl�iilll
Mark
Plymouth, MN 55441
Registrar of Titles
WARRANTY DEED Form No. 9-M Minnesota Uniform
Corporation, Partaembip or Umitel Liability Conyeyanel°g Wanks (6!17197)
Company to Corporation, Partnenbip or
Limited Ustbility Company (TW 3mdim Rand fir R— dws Des)
DEED TAX DUE: Irt05 _'�'E`(*A� (¢'n -s, l..fSSa� SCO.00.
Date: 3•-I t - l4
FOR VALUABLE CONSIDERATION, Summit: Woods, LLC
C
a Limited Idablllty Company under the laws of Minnesota
Grantor, hereby conveys and warrenrs to ° �^'`• `Woods LLG - - - '
Grantee, a
Limited Liability Company under the laws of Minnesota
teal property m carver County, Minnesota, described as follows:
SEE ATTACHED EXHIBITA
,sZ5 515CC�;-c
together with all heroditamrnn and appurtenmcm belonging dwaso, subject to the following exoeptions
Covenants Gondhion,� Restrictions and Easements or racers it snv
Check box if applicable:
The Seller certifies that the Soler does not know of any wells on the described red property.
A well disclosure certificate accompanies this docummt.
I am familiar with the property described in this instrument and I certify that the stains and number of wells
on the described real property have not changed since the last previously filed well disclosure cartificate.
Deed Tax of $J
maid on _ - - (Date)
Affix Deed Tax Starnp60Servatlon Fee Paid By w er R
Laurie Davies its Chief Ma"Aff
STATE OF MIN SOTA Carver Coun;y Audltor- TroaGUru, By
COUNTY OF Ji / Its
This instrument was acknowledged before me �!�"'
by u.acv W. Schoenwettsr and
the f Irlef Mananer and
or �u H W ..n 1 I r -- -
a Limited Usbi ity Comnanv under the laws of Minnesota
on behalf of the Limited _
NOTARIAL STAbff Ott sEAL(O OTHER OR RANK)
DARLEEN C TURCOTTE
Notary Public ATUREOFN ARY IJCOR Fpi�
Minnesota
a
My Comm. Expires
_ Jan 31, 2015 Otrca be a it YI a pat er ales lend r Repaved (turcmr)
THLS 1NSTRUMEt7f WAS DRAFTED BY (NAME & ADDPM9):
T. delemenn fa are: rtd plop q duvibad is thie inteuamt dad
be not to (mdude •see and addrea of Orww):
Custom Home Builders Title, LLC
10850 Old County Road 15
Summit Woods, LLC n 1 ._
Lt., `ice ✓`�"''' _
Plymouth, MN 55441
Custom Home Bldrs, Tide
(763)489 -3240
323 15th Ava S.
Hopkins, MN 55343 10850 Old County Road 15
File HB- 26962A
Plymouth, MN 55441
Legal Description
Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of
the Northeast Quarter of Section 3, Township 116, Range 23, described
as follows:
Beginning at the Northwest corner of the Northeast Quarter of said
Section 3; thence East 12 rods and 19 links; thence South 9 -1/2 degrees
East to the intersection with the south line of Lot 6, "Murray Hill" if
extended; thence West to the southeast corner of Lot 6, "Murray Hill ",
thence North along east line of Lot 6 to the point of beginning.
Which lies southerly of the south line of the north half of said Lot 6 and
the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way.
... ..__. .. _...., ...... ,.rat: -;;:.
Y
® PID#
No delinquent taxes and transfer
entered: Certificate of
Real Estate Value ( ) Rled (A Not Required
C #
Laurie ever ty , ftor- Treasurer
B put°
Document No. OFFICE OF THE
OF TITLES
T 192043 CARVERICOUNTY, MINNESOTA
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
192043 Cert. # 36931 Fee: $46.00
Mark Lundren
111111111111111 Registrar of Titles
WARRANTY DN" Form No. 9-M Minnesota Uniform
Corporation, Partnership or Limited Liability Conveyancing Blanks (6/17/97)
Company to Corporation, Partnership or
Limited l.labltNY Company (Tap 3 helm Rammed fa R— dinaDYa)
DEED TAX DUE: S I li'S� -b[� �JZLCNI �(�•(:.�
Date: ._J_ t -Tor'
FOR VALUABLE CONSIDERATION, LC
a 11mHad Lubllity Coen oanv under the laws of rou ^•_,
Grantor, hereby coavrys and werrsnb to Q ^mmk w..nd. t t � _
Grantee, a
Liglltcd Liability C21110M under the laws of Mt ^nesoL -
rea! property in Carver County, Mi ui aota, desaibod as follows:
SEE ATTACHED EXHIBITA
as S0s0(-)ao
together with all hereditameots and appurtenances belongtng thereto, subject to the following exceptions:
Check box If applicable:
The Seller certifies that the Seller does not know of my wells on the described real property.
A well disclosure certificate accompadm this document
I am familiar with the property described in this instrument and I wtify dud the status and number of wells
on the desaibed Tool property have not changed since the last previohnly filed well disclosure certificate.
' £ $ummk Woods, L LC
Deed (Tax � off $1L
Affix Dead Tax. -I Li (Cate) By kd, noanwrt.T
Conservation Fee Paid Its Chief Manager
Laurie Davies
STATE OF OTA �7" �J Jynty ydltor- Treasurer By
COUNTY OF G- l �t i'/ r—1 i Its
This instrument was acknowledged before Too N 1 i-�
Lit-
by Nancy H. Schoonwettor and
the Chief Manaoar and
of – nit riooda ' La?
a trmited Liability Company under the laws of t(,�gnesRla
on behalfofthe Limited LlabllitY Company _ f^
vnn��cn o ,
No public
I. %! Minnesota
ys' My Comm. Expires
x Jan 31. 2015
Custom Home Builders Title, L LC
10850 Old County Road 15
Plymouth, MN 55441
(763)489 -3240
O•sekhae tail a pan of The lead is lt4sM ed (Tareaa) ® .._
Tax naemmts fa the red pmpertr dueribed b, this immmat eh^dd _
be s®t m (include nwa end add/ n a( 0—M): ^ '
Summit Woods, LLC (J_ { I ,t 1 -F %
CustOm L mee,B`ld„r",, Title
525 15th A N S. 10850 Old County Road 15
Hopkins, MN 55343
Plymouth, MN 55x41
Legal Description
Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of
the Northeast Quarter of Section 3, Township 116, Range 23, described
as follows:
Beginning at the Northwest corner of the Northeast Quarter of said
Section 3; thence East 12 rods and 19 links; thence South 9 -1/2 degrees
East to the intersection with the south line of Lot 6, "Murray Hill" if
extended; thence West to the southeast corner of Lot 6, "Murray Hill ",
thence North along east line of Lot 6 to the point of beginning.
Which lies northerly of the south line of the north half of said Lot 6 and
the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way..
Document No.
OFFICE OF THE
T 192044
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
192044
Cert. # 36930, 36931-e: $66.00
Mark Ludren
1111111111111111
Reg strati of Titles
(Reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
SUMMIT WOODS, LLC, a Minnesota limited liability company, "Grantor ", in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, forever, a permanent easement for public drainage and utility
purposes over, on, across, under, and through the land situated in the County of Carver, State of
Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B ".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility system over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and ,maintenance of said public
drainage and utility easement.
Custom Home Bldra. Title
10850 Old County Road 15
Plymouth, MN 55441
174290
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
day of �� , 2014.
s -RY I:
SUMMIT WOODS, LLC
By:
Its(, ;
STATE OF MINNESOTA )
r; )
ss.
COUNTY OF )
The foregoing instrument was acknow,le,,dged before me this day of
' H - N 2014, by:n,/t' jiC `r t°C: F�- ; tfie , %�� of Summit Woods, LLC, a
Minnesota limited liability company, on belialf of said limited liability company.
DARLEEN C TURCOTTE _
Notary Public Notary Public
e Minnesota
My Comm. Expires
Jan 31, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
174290 2
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
An easement for drainage and utility purposes over, under and across the northerly and southerly
5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as
follows:
Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota,
and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Range 23, described as follows: Beginning at the Northwest corner of the
Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9 -1/2
degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended;
thence West to the southeast corner of Lot 6, "Murray Hill ", thence North along east line
of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half
of said Lot 6 and the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way.
An easement for drainage and utility purposes over, under and across the northerly and southerly
5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as
follows:
Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota,
and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Range 23, described as follows: Beginning at the Northwest corner of the
Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9 -1/2
degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended;
thence West to the southeast corner of Lot 6, "Murray Hill ", thence North along east line
of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half
of said Lot 6 and the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way.
174290 3
EXHIBIT "B"
to
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
174290 4
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174290 4
MORTGAGE HOLDER
CONSENT TO EASEMENT
JL%-t /✓� it /'' (� (,;% /1 /' Lii "4`7 � a �:;''i? / . Z, G�i /i -L/ f Wlllcll
holds a mortgage on all or part of the property more particularly described in the foregoing Grant
of Permanent Easement for Drainage and Utility Purposes, Which mortgage is dated
20 and recorded , f. i t , 20 , , as document number
T ; , L F With the office of the County Recorded Registrar for Carver County, Minnesota,
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in, consents and is subject to the above referenced easement
document.
Dated this /% ' `° day of /,v ;- , fl 2014
[print name]
� t
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF 0 )
The foregoing instrument Was acknowledged before me this ! C. day Of
2014, by ,+ u, r^ - 0he
of "';,� t _ 1_ �r , a / . -, on its behalf.
DRAFTED BY:
CAMPBELL KNtiTSON
Professional Association
317 Eaeandale Office Center
1.80 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /j mo
;74290 5
DARLEEN C TURCOTTE
?'.
Notary Public I�TOtary Pub
Minnesota
Comm. Expires
-s'
My
Jan 31, 2015
DRAFTED BY:
CAMPBELL KNtiTSON
Professional Association
317 Eaeandale Office Center
1.80 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /j mo
;74290 5
Document No.
OFFICE OF THE
T 192045
OF TITLES
CARVERICOUNTY, MINNESOTA
Receipt #
Certified Recorded on April 23, 2014 4:10 PM
192045
Cert. # 36930, 36931 -e: $66.00
Mark
of
1111111111111
Registrar Titles
(Reserved for recording information)
TREE PRESERVATION EASEMENT
INSTRUMENT made this '�_ day of JQ, t , J7 , 2014, by and between
SUMMIT WOODS, LLC, a Minnesota limited liability company ( "Grantor"), and the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "City ")
The Grantor, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent
tree preservation easement over, under, and across real property in Carver County, Minnesota,
legally described on the attached Exhibit "A" (the "Subject Property").
The Grantor, for itself, its successors and assigns, agrees that the following are prohibited
in perpetuity on the Subject Property, unless the Grantor obtains the consent of the City or a
release of the easement or portion thereof by the City and, if required by the City, pays any fees
waived by the City upon subjecting the Subject Property to this easement, such as storm water
management plan fees at the rate in effect at the time of the release:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, clothes line poles, and playground
equipment.
B. Cutting or removing trees. When approved by the City, removing dead trees,
trimming trees to maintain health, removing diseased trees, and removing selected
trees may be undertaken. L411 1� 'CA �
Custom Home Bldrs. Title
174843v2 1 10850 Old County Road 15
Plymouth, MN 55441
C. Excavation or filling, unless necessary to prevent a significant erosion issue when
part of a plan developed by a licensed civil, soils engineer or geologist and
approved by the City.
The above named Grantor, for itself, its successors and assigns does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that it indemnify and hold the City harmless
for any breach of the foregoing covenants.
Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep and maintenance of the Subject Property. Grantor
shall hold harmless, indemnify and defend the City its officers, employees, and agents from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands or judgments, including without limitation, reasonable attorneys' fees arising from or in
any way connected with: (1) the result of a violation or alleged violation of any State
environmental statute or regulation; (2) injury to or the death of any person, or physical damage
to any property, resulting from any act, omission, condition or other matter related to or incurring
on or about the premises, regardless of costs, unless due solely to the gross negligence of any of
the City, its officers, employees or agents; and (3) existence and administration of this easement.
[Remainder of page intentionally left blank.
Signatures contained on the next page.]
2
174843v2
GRANTOR:
SUMMIT WOODS, LLC
I t
By
Its
STATE OF MINNESOTA )
I! I ) ss.
COUNTY OF3,j'—i'jR�11-A J )
The foregoing instrument was acknowledged before me this day of
U c" I+,
1/4�ummit Woods, LLC, a
Minnesota limited liability company on behalf of said company, Grantor.
DARLEEN C
TURC"07 E
�c
ii res
Notary Public Notary Public
Minnesota
F. My Comm. Expires
E�.
174843N,2
GRANTEE:
CITY OF CHANHASSEN
By
Tom Furlong, Mayor
(SEAL)
By
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this At" day of
� f k-. , 2014, by Tom Furlong and Todd Gerhardt, respectively the Mayor and 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.
Not y Public
y
�tH� sr "^ +^ r nn vvinnnn
� _'TF,� KAREN J. ENGELHARDT
[Votary Public- Minnesota
My Commission Eypiras Jan 31, 2015
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 612 452 -5000
AMPlj mo
4
174843v2
EXHIBIT "A"
to
TREE PRESERVATION EASEMENT
Legal description of Tree Preservation Easement:
An easement for tree preservation purposes over, under and across that part of the property
described as follows:
Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota
and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Range 23, described as follows: Beginning at the Northwest corner of the
Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9 -1/2
degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended;
thence West to the southeast corner of Lot 6, "Murray Hill ", thence North along east line
of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half
of said Lot 6 and the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way.
Which lies easterly and northeasterly of a line drawn from a point on the northerly line of
said Lot 6, distant 147.00 feet easterly of the northwesterly corner of said lot, to a point
on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly corner of
said Lot 6.
F9�
An easement for tree preservation purposes over, under and across that part of the property
described as follows:
Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota
and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3,
Township 116, Range 23, described as follows: Beginning at the Northwest corner of the
Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9 -1/2
degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended;
thence West to the southeast corner of Lot 6, "Murray Hill ", thence North along east line
of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half
of said Lot 6 and the easterly extension of said south line and westerly of the westerly
line of Galpin Boulevard right of way.
Which lies easterly and northeasterly of a line drawn from a point on the northerly line of
said Lot 6, distant 147.00 feet easterly of the northwesterly corner of said lot, to a point
on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly corner of
said Lot 6.
1748431,2
EXHIBIT "B"
to
TREE PRESERVATION EASEMENT
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174843v2
MORTGAGE FOLDER
CONSENT TO EASEMENT
� ,} A �.1.`,�•.Y ! (l i1 �1y7 a C_-'i t 4i '�7 ��/ G.� e''b 1' - x /�_j ��./'. which
holds a mortgage on all or part of the prope y more particularly described id the foregoing Tree
Preservation Easement, which mortgage is dated �� E _ :_ i 20_€ and recorded
20 , as document number -7 with the office of the County
Recorder /Registrar for Carver County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in; consents and is
subject to the above referenced easement document.
Dated this - day of 2014.
,1
By
%! i?; Z�✓ L'. �r! % . ✓,,'rr �' ✓ [print name]
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF r ,! L.E,! (, i ; -! )
The foregoing instrument was acknowledged before me this day of
2014 by �;;h : ! I� _x �z;rr _r' the
of ; "` ! t _ za on its behalf.
-- DARLEEN C TURCOTTE Notary Public
Notary Public
=e Minnesota
a My Comm. Expires
Jan 31, 2015
THIS INSTRUMENT DRAFTED BY:
CANOBELL KN- TSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP1j mo
174843,2