Transmittal to Attorney 4-28-05
CITY OF CHANHASSEN
ENGINEERING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1160 FAX (952) 227-1170
LETTER OF TRANSMITTAL
DATE I JOB NO.
4/28/05 05-03
ATTENTION
Carole Hoeft
RE:
Pinehurst
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
['8J Attached 0 Under separate cover via the following items:
o Shop drawings
o Copy of letter
o Prints
o Change Order
o Plans 0 Samples 0 Specifications
o Pay Request 0 _
COPIES DATE NO. DESCRIPTION
1 3/14/05 Siqned Full Size Final Plat Mylar
1 4/18/05 Signed Min. Floor Elevation Covenant
1 4/19/05 Signed Private Driveway Easement
1 4/20/05 Receipt of City Admin. fees
1 3/14/05 Siqned Development Contract
1 4/21/05 Title Work for property
1 4/12/05 Siqned Trail Easement from ISO #276
1 4/19/05 Siqned Trail Easement from Plowshares
1 3/14/05 1 "=200' scale mylar reduction of the plat
1 4/21/05 Signed Encroachment Agreement
1 4/26/05 Certification of Resolution #2005-41 for Easement Vacation
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o Approved as submitted
o Approved as noted
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
o As requested
o Returned for corrections
o For review and comment ['8J For Review & recording
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
.. REMARKS Here are the items to record for the Pinehurst project. The City has received all of the necessary
administration fees and the letter of credit. If you have any questions, feel free to give me a call.
Thanks.
COpy TO: Bob Generous, Senior Planner
Paul Oehme, City Engineer/Public Works Dir.
Nathan Franzen, Plowshares Dev. LLC
Dan Remer, Eng. Tech. III
SIGNED:
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If enclosures are not as noted, kindly notify us at once.
DECLARATION OF RESTRICTIVE COVENANT
(MINIMUM FLOOR ELEVATION)
THIS DECLARATION OF RESTRICTIVE COVENANT is made effective as of
April 1ß~ 2005, by PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability
company ("the "Declarant"), for the benefit of RILEY PURGATORY BLUFF CREEK
WATERSHED DISTRICT, a political subdivision under the laws of the State of Minnesota (the
"District") .
RECITALS
A. On February 2, 2005, the District issued Perin it #2005-05: Pinehurst - Chanhassen (the
"Permit") to Declarant.
B. The Permit requires Declarant to file this Declaration of Restrictive Covenant.
NOW, THEREFORE, Declarant hereby declares as follows:
1. Restriction. Declarant declares it is the fee owner of the Lots (as hereafter defined) and
hereby restricts the title to the property as follows (the ''Restriction''):
.
The minimum floor elevation for each of Lots 20 through 23,
inclusive, and Lot 27, all in Block I, Pinehurst, according to the
recorded plat thereof on file in Carver County, Minnesota
(collectively, the "Lots" and, individually, a "Lot"), shall be
constructed above 1030.0 M.S.L., as measured in reference to the
National Geodetic Vertical Datum of 1929.
2. Binding Effect; Amendment; Application. The Restriction shall run with the title to
the Lots and may not be amended or terminated without the express written consent of
the Board of Managers of the District. The Restriction shall apply to any dwelling unit
now existing or hereafter constructed on a Lot.
3. No Wells. Declarant hereby certifies that there are no wells located on any of the Lots,
except wells that have been sealed in accordance with all applicable laws.
4. Authority. Declarant represents that it is the lawful owner of a fee simple interest in the
Lots and has all requisite authority to execute this Declaration.
IN WITNESS WHEREOF, Declarant hereby makes this Declaration of Restrictive
Covenant for minimum floor elevation effective as of the date first written above.
PLOWSHARES DEVELOPMENT, LLC
a Minnesota limited liability company
By: ~~~
Todd M. Simning
STATE OF MINNESOTA )
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COUNTY OF CARVER )
This instrument was acknowledged before me on the ~ day of April, 2005, by
Todd M. Simning, the Chief Manager of Plowshares Development, LLC, a Minnesota limited
liability company, on behalf ofthe company.
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THIS INSTRUMENT WAS DRAFTED BY:
Larkin Hoffinan Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, MN 55431-1194
(952) 835-3800 (TFA)
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DECLARATION OF EASEMENTS
FOR DRIVEWAY AND PARKING PURPOSES
This Declaration of Easements For Driveway and Parking Purposes (the "Declaration")
is made as of April ~ 2005 (the "Effective Date"), by PLOWSHARES DEVELOPMENT,
LLC, a limited liability company organized under the laws of the State of Minnesota
("Plowshares") .
Statement of Facts
A. Plowshares is the owner of certain property located in the City of Chanhassen
(the "City"), Carver County, Minnesota, legally described in Exhibit A
attached hereto and incorporated herein (the "Property").
B. Plowshares is in the process of developing the Property as 43 single-family
residential lots (the "Lots") and two Out10ts (collectively, the "Pinehurst").
Plowshares intends to sell all of the Lots to a single home builder and such
builder will sell the individual Lots.
C. Included as part of Pinehurst are 2 private roads (Amberwood Lane and Alder
Way, as depicted in the plat of Pinehurst)
D. As a condition to plat approval, the City has required that this Declaration be
recorded against the benefited and burdened Lots.
NOW, THEREFORE, the Plowshares hereby establishes the following easements
pursuant to the terms and conditions set forth herein below:
1.) EASEMENTS. Commencing on the Effective Date, the following easements
shall burden and benefit the Lots specifically identified, as follows:
(a) Driveway and Parking Easement (Amberwood Lane). Plowshares hereby creates
a perpetual right and easement for the non-exclusive use of the portions of Lots 11, 12,
13, 14, 15, 16 and 17, Block 1, Pinehurst (the "Amberwood Lane Burdened Lots"), as
legally described and depicted in Exhibit B attached hereto (the "Amberwood Lane
Easement"), for the benefit of Lots 14, 15 and 16, Block 1, Pinehurst (the "Amberwood
Lane Benefited Lots") for ingress and egress between the Amberwood Lane Benefited
Lots and Pinehurst Drive, and for parking in the designated parking spaces located within
the Amberwood Lane Easement as depicted in Exhibit B (the "Parking Spaces").
(b) Driveway Easement (Alder Way). Plowshares hereby creates a perpetual right
and easement for the non-exclusive use of the portions of Lots 10 and 11, Block 1,
Pinehurst (the "Alder Way Burdened Lots"), as legally described and depicted in
Exhibit C attached hereto (the "Alder Way Easement"), for the benefit of Lots 9, 10 and
11, Block 1, Pinehurst (the "Alder Way Benefited Lots") for ingress and egress between
the Alder Way Benet1ted Lots and Pinehurst Drive.
Hereinafter, (i) the Amberwood Lane Burdened Lots and the Alder Way Burdened Lots
shall collectively be referred to as the "Burdened Lots", (ii) the Amberwood Lane Benefited
Lots and the Alder Way Benefited Lots shall collectively be referred to as the "Benefited Lots",
and (Hi) the Amberwood Lane Easement and the Alder Way Easement shall collectively be
referred to as the "Easements".
Each Burdened Lot, and the rights of the Owners thereof, shaH be subject to the rights of
the Owners of the respective Benefited Lots to a non-exclusive, appurtenant easement on and
over the Burdened Lots for the purposes of maintenance of the common driveways and the
Parking Spaces.
2.) PLOWSHARES. BENEFITED LOT OWNERS AND ASSOCIA TTON
OBLIGATIONS. Plowshares shall have the right and the obligation to install utilities, and to
construct Amberwood Lane and Alder Way and the Parking Spaces within the respective
Easements. The owners of the Amberwood Lane Benefited Lots shall be responsible for the
maintenance of Amberwood Lane. The owners of the Alder Way Benefited Lots shall be
responsible for the maintenance of Alder Way. If the owners of the respective Benefited Lots
fail to maintain their common driveway, the homeowners' association, if any, established for the
Property, shall have the right, but not the obligation, to maintain the common driveway and
assess the owners of the respective Benefited Lots for the cost of such work.
3.) USE OF EASEMENTS.
(a) Generally. In addition to the restrictions on the purpose and uses set forth in
Section I above, the owners of the respective Benetited Lots shall have equal rights to
use their common driveway, and to connect their separate private driveways to the
common driveway. There shall be no ovemight parking anywhere within the Easements,
except within the Parking Spaces. No owner shall use the common driveway in a manner
that deprives the other owners of concurrent usage of the common driveway. For
example, vehicles shall not be parked along the common driveway in a manner that
blocks passage by other vehicles.
(b) Utilities and Other Structures. The Easement areas are also subject to a public
easement for drainage and utilities as dedicated in the plat of Pinehurst. Therefore,
underground utilities and drainage structures may be installed in the Easement areas.
However, no structures shall be installed in such areas except the common driveway,
separate private driveways connecting to the common driveway, underground utilities
and drainage structures.
4.) MAINTENANCE AND REPAIR OF DRIVEWAYS AND PARKING AREAS.
(a) Amberwood Lane. The owners of the Amberwood Lane Benefited Lots shall
share equally all costs of maintaining the common driveway known as Amberwood Lane.
Plowshares (or its successors and assigns following Plowshares sale of the Amberwood
2
Lane Benefited Lots) shall be responsible for maintenance of Amberwood Lane (subject
to reimbursement ITom each of the owners of the Amberwood Lane Benetited Lots) until
homes on all of the Amberwood Lane Benefited Lots are occupied; and thereafter, the
owners of the Amberwood Lane Benefited Lots shall be responsible for maintenance.
The person responsible for maintenance shall pay for the maintenance in the first
instance, provided the costs are less than $100, and each of the owners of the
Amberwood Lane Benefited Lots shall promptly reimburse that person for their
respective share of the maintenance costs. If the costs exceed $100 then the person
responsible for maintenance may seek payment directly ITom each of the owners of the
Amberwood Lane Benefited Lots. As security for reimbursement, the person responsible
for maintenance shall have a lien against the Amberwood Lane Benefited Lots, which
lien may be foreclosed by action or by advertisement as if it were a mortgage with a
power of sale. The owners of the Amberwood Lane Benefited Lots may agree in writing
to other means of maintaining Amberwood Lane, provided such owners shall not be
relieved of their joint responsibility for such maintenance. Any owner of an Amberwood
Lane Benefited Lot who is not responsible for arranging an paying for maintenance of
Amberwood Lane in the first instance shall have the right and the obligation to maintain
Amberwood Lane, if the owner who is responsible fails to maintain Amberwood Lane.
(b) Alder Way. The owners of the Alder Way Benefited Lots shall share equally all
costs of maintaining the common driveway known as Alder Way. Plowshares (or its
successors and assigns following Plowshares sale of the Alder Way Benefited Lots) shall
be responsible for maintenance of Alder Way (subject to reimbursement ITom each ofthe
owners of the Alder Way Benefited Lots) until homes on all of the Alder Way Benefited
Lots are occupied; and thereafter the owners of the Alder Way Benefited Lots shall be
responsible for maintenance. The person responsible for maintenance shall pay for the
maintenance in the first instance, provided the costs are less than $100, and each of the
owners of the Alder Way Benefited Lots shall promptly reimburse that person for their
respective share of the maintenance costs. If the costs exceed $100 then the person
responsible for maintenance may seek payment directly ITom each of the owners of the
Alder Way Benefited Lots. As security for reimbursement, the person responsible for
maintenance shall have a lien against the Alder Way Benefited Lots, which lien may be
foreclosed by action or by advertisement as if it were a mortgage with a power of sale.
The owners of the Alder Way Benefited Lots may agree in writing to other means of
maintaining Alder Way, provided such owners shall not be relieved of their joint
responsibility for such maintenance. Any owner of an Alder Way Benefited Lot who is
not responsible for arranging an paying for maintenance of Alder Way in the first
instance shall have the right and the obligation to maintain Alder Way, if the owner who
is responsible fails to maintain Alder Way.
(c) Assignment of Maintenance Obligations. The owners of the Amberwood Lane
Benefited Lots hereby assign the maintenance responsibilities (but not the obligation to
share such costs equally) for Amberwood Lane under this Section 4 to the owners of
Lot 14, Block 1, Pinehurst. The owners of the Alder Way Benetited Lots hereby assign
the maintenance responsibilities (but not the obligation to share such costs equally) for
Alder Way under this Section 4 to the owners of Lot 10, Block 1, Pinehurst.
3
(d) Driveway Maintenance. Driveway maintenance shall include, without limitation,
the following: removal of snow, ice, leaves and debris ITom the pavement; repairing,
patching, sealing and repaving the pavement; repairing any landscaping damaged during
plowing or maintenance of the pavement; and maintaining, repairing and replacing any
common utilities within the respective Easement. The driveways shall be swept at least
twice per year - in the spring following snowmelt and in the autumn following leaf fall.
Snow removed from the pavement shall be stored on the unpaved portions of the
respective Henetìted Lots and/or Burdened Lots.
(e) Maintenance of Separate Drivewavs. The owners of the respective Benefited
Lots shall be separately responsible for maintenance and costs of maintenance of their
separate driveways.
5.) INSURANCE.
(a) Amberwood Lane. The owners of the Amberwood Lane Benefited Lots shall
give their respective insurance agents copies of this Section 5(a), so that adequate
insurance can be placed for events occurring upon or arising ftom the Amberwood Lane
Easement. The owners of the Amberwood Lane Benetìted Lots shall each carry liability
insurance on the Amberwood Lane Easement at least as great as the liability insurance on
their homes. All owners of the Amberwood Lane Benefited Lots and Amberwood Lane
Burdened Lots shall be named as additional insureds in the liability insurance policies
covering the Amberwood Lane Easement. The common driveway and utilities will
probably not be insurable against fire and other casualties, but if they can be insured, they
must be fì.llly insured by the owners ofthe Amberwood Lane Benefited Lots.
(b) Alder Way. The owners of the Alder Way Benefited Lots shall give their
respective insurance agents copies of this Section 5(a), so that adequate insurance can be
placed for events occurring upon or arising from the Alder Way Easement. The owners
of the Alder Way Benefited Lots shall each carry liability insurance on the Alder Way
Easement at least as great as the liability insurance on their homes. All owners of the
Alder Way Benetìted Lots and Alder Way Burdened Lots shall be named as additional
insureds in the liability insurance policies covering the Alder Way Easement. The
common driveway and utilities will probably not be insurable against fire and other
casualties, but if they can be insured, they must be fully insured by the owners of the
Alder Way Benefited Lots.
6.) ATTORNEYS' FEES. If the owner of a Benefited Lot or a Burdened Lot
reasonably incurs costs in order to enforce any provision of this Declaration, the prevailing party
shall be reimbursed by the other parties for all reasonable costs so incurred, including reasonable
attorneys' tees and costs. For purposes of this Declaration, the phrase "attorneys' fees" shall
include reasonable fees charged by paralegals who assist such attorneys.
7.) RUNNING OF BENEFITS AND BURDENS. All provisions of this Declaration
shall run with the land and shall inure to the benefit of and be binding upon the owner's of the
Benefited Lots and the Burdened Lots and their respective successors and assigns, including any
mortgagees or subsequent holders of mortgages.
4
8.) ENTIRE AGREEMENT AND MODIFICATION. This writing represents the
entire agreement and understanding of the parties with respect to the subject matter hereof and
supersedes any and all previous agreements of whatever nature between the parties with respect
to the subject matter. This Declaration may not be altered or amended except by an agreement in
writing signed by all of the owners ofthe Benefited Lots and the Burdened Lots.
9.) HEADINGS: EXHIBITS. The headings of sections in this Declaration are for
convenience only; they form no part of this Declaration and shall not affect its interpretation.
The Statement of Facts containe.d herein, and all schedules, exhibits, addenda or attachments
referred to herein are incorporated in and constitute a part ofthis Declaration.
10.) SEVERABILITY. If any provision of this Declaration is invalid or
unenforceable, such provision shall be deemed to be modified to be within the limits of
enforceability or validity, iftèasible; however, if the offending provision cannot be so modified,
it shall be stricken and aU other provisions of this Declaration in all other respects shall remain
valid and enforceable.
11.) CONTROLLING LAW. This Declaration shall be governed by and construed
under the laws of the State of Minnesota.
IN WITNESS WHEREOF, Plowshares has executed this Declaration as of the above
date.
STATE OF MINNESOTA )
n )ss.
COUNTY OF~rv'e.r )
The foregoing instrument was acknowledged before me on April J:L. 2005, by Todd M.
Simning, the C2..h; 0,," r(\~l'A.~r of PLOWSHARES DEVELOPMENT, LLC, a limited
liability company organized u er e laws ofthe State of Minnesota, on behalf ofthe company.
PLOWSHARES D~O~MENT'.LLC
By: ~~ ~
Todd M. Simning .
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Notary Public
Minnesota
My CommIssion EJq¡ires Jan. 31, 2006
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TIllS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(952) 835-3800
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EXHIBIT A
TO
DECLARATION OF EASEMENTS
FOR DRlVEW A Y AND PARKING PURPOSES
Legal Description of Property:
Lots 1 through 27, Block 1, Pinehurst
Lots 1 through 8, Block 2, Pinehurst
Lots 1 through 8, Block 3, Pinehurst
Outlots A and B, Pinehurst
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TO
DECLARATION OF EASEMENTS
FOR DRIVEWAY AND PARKING PURPOSES
Legal Description and Diagram of Amberwood Lane Easements:
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A permanent easement for driveway purposes over, under and across that part of Lot II,
Block 1, PINEHURST, according to the recorded plot thereof, Carver County, Minnesota
lying northeasterly of a line parallel with and 26.00 feet southwesterly of the
northeasterly line of said Lot 11.
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the southwesterly line of said Lot 11.
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A permanent easement far driveway purposes over, under and acrass that part
of Lot 12, Block I, PINEHURST, according to the recorded plat thereof, Carver
County, Minnesota lying southwesterly of the following described line;
commencing at the southeast corner of said Lot 12; thence North 56 degrees
55 minutes /8 seconds East, assumed bearing, along the southeasterly line of
said Lot 12 a distance of 4.59 feet to the paint of beginning of the line to be
described; thence North 62 degrees 32 minutes 06 seconds West 40.24 feet to
the westerly line of said Lot 12, and said line there terminating.
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A permanent easement for driveway purposes over, under and across that port
of Lot 13, Block 1, PINEHURST, according to the recorded plot thereof, Carver
County. Minnesota lying southeasterly of 0 line parallel with and 14.00 feet
northwesterly of the southeasterly line of said Lot 13.
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That port of said Lot 13 lying southwesterly of the following described line;
commencing at the southwest corner of said Lot 13; thence North 56 degrees
55 minutes 18 seconds East, assumed bearing, along the northwesterly line of
said Lot 13 a distance of 4.59 feet to the point of beginning of the line to be
described; thence South 62 degrees 32 minutes 06 seconds East 86.13 to the
southeasterly line of said Lot 13, and said line there terminating.
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A permanent easement for driveway purposes over, under and across that part of Lot 14,
Block 1, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota lying
northerly, northeasterly and easterly of a line described as follows; commencing at the
most northerly commón corner between $òid Lót 14 ónd Lót 15, Block I, PINEHURST;
thence South 27 degrees 27 minutes 54 seconds West, assumed bearing, along the east
line of said Lot 14, common with Lot 15 a distance of 34.00 feet to the point of
beginning of the line to be described; thence North 62 degrees 32 minutes 06 seconds
West 18.86 feet; thence northwesterly 66.27 feet along a tangential curve concave to the
northeast, having a radius of 40.00 feet and a central angle of 94 degrees 55 minutes 20
seconds; thence North 32 degrees 23 minutes 14 seconds East tangent to said curve
34.02 feet to the common corner of said Lot 14, Lot 10 and Lot II, Block I, PINEHURST
and there terminating.
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A permanent easement far driveway purposes over, under and across
that part of Lot 15, Black I, PINEHURST, according to the recorded
plat thereof, Carver County, Minnesota lying northeasterly of a line
drawn from point 34.00 feet southerly of the northwest carner of said
Lot 15 as measured along the west line of said Lot 15 to a paint
30.00 feet southerly of northeast comer of said Lot 15 as measured
along the east line of said Lot 15 and there terminating.
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A permanent easement for driveway purposes aver, under and across
that port of Lot 16, Black 1, PINEHURST, according to the recorded
plot thereof, Carver County. Minnesota lying northerly of a line described
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South 02 degrees 05 minutes 18 seconds East. assumed bearing, along
the east line of said Lot 16, 18.66 feet tt> the pain t of beginning of "
the line to be described; thence South 56 degrees 55 minutes 18 '"
seconds West 12.49 feet; thence westerly 89.82 along a tangential ~
curve concave to the north having a radius af 85.00 feet and central
angle of 60 degrees 32 minutes 36 seconds to the west line of said
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A permanent easement for driveway purposes over, under and across
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plot thereof, Carver County, Minnesota lying northwesterly of 0 line
parallel with and 16.00 feet southeasterly of the northwesterly line of
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EXHIBITC
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DECLARATION OF EASEMENTS
FOR DRlVEWA Y AND PARKING PURPOSES
Legal Description and Diagram of Alder Way Easement:
[attach diagram here]
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DRIVEWA Y EASEMENT
A permanent easement for driveway purposes over, under and across that
part of Lot 10, Block 1, PINEHURST, according to the recorded plat thereof,
Carver Counly. Minnesota lying northeasterly of 0 line parallel wilh and
30.00 feet southwesterly of the northeasterly line of Lot 11, Block 1,
PINEHURST as extended to the northweslerly line of said Lot 10.
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Block I, PINEHURST, according to the recorded plat thereof, Carver County, Minnesota
lying northeasterly of a line parallel with and 26.00 feet southwesterly of the
northeasterly line of said Lot 11.
TOGETHER WITH
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the southwesterly line of said Lot 11.
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CITY OF CHANHASSEN
7700 MARKET BLVD
CHANHASSEN
:MN 55317
Payee: LAKELAND CONSTRUCTION FINANCE
Date: 04/20/2005 Time: 1:59pm
Receipt Number: DW / 6062
Clerk: DANIELLE
ADMIN FEES 05-03 PINEHURST
ITEM REFERENCE
AMOUNT
-------------------------------------------
ADMFE ADMIN FEES 05-03
2.5% OF PUB IMP
1.5% OF PUB IMP
FINAL PLAT
RECORD FEES
PARK FEES
SWMP FEES
STREET LIGHTING
GIS FEES
PINEHURST
25,000.00
12,727.00
450.00
150.00
164,000.00
75,534.00
2,700.00
475.00
---------------
Total:
281,036.00
Check
116077
281,036.00
---------------
Change:
0.00
THANK YOU FOR YOUR PAYMENT!
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
PINEHURST
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROV AL...... ...... ............ ...... ......... .......... ......... ...... ............ SP-1
2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-l
3. DEVELOPMENT PLANS ......... ....... ............ ............ ...... ........................ ..... ........... ...... SP-l
4. IMPROVEMENTS ..... ...... ..... ............. ...... ................... .... .............................................. SP-2
5. TIM:E OF PERFORMANCE.............. ...... ............ ........................................ ................. SP-2
6. SECURITy........................ .................. ..... ...... ................... ...................... .................. ....SP-2
7. NOTICE. ............... ....... ....................... .................. ............. ........................... .............. ...SP-3
8. OTHER SPECIAL CONDITIONS........... .................... .......... ....................... ............. ...SP-3
9. GENERAL CONDITIONS............................................................................ ................ SP-6
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 CONTROL.... ........................ ....... ........... ..... ........................ ..... ........ GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILD IN G........................................................................... ... .............. ........................ 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. SIGNAGE ........................ .......... ....... ................. ....... ................. ................... ..... ........ ...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-6
C. Third Parties.................. ...... ........... ........ ....................... ................... ........... ...... GC-7
D. Breach of Contract. ............. ........... ........ ....... ..... ..... .......... ................... ...... ....... GC-7
1
E. Severability...................................... ............................. ..... ......... ........ .......... .... GC-7
F. Building Pennits .................. ................ ........................................ ...........,......... GC-7
G . Waivers/Amendments........................ ............................................................... GC-7
H. Release............................ .................................................................................. GC-7
I. Insurance.............................................................,..,.......................................... GC-7
J. Remedies................................. ............. ..................,.......................................... GC-7
K. Assignability...,......................................................,.......................................... GC-8
L. Construction Hours.......... .......... .........,..,.........,.."..."...................,.,...,..".."..... GC-8
M. Noise Amplification......, ,.................................................................................. GC-8
N. Access.....................................,......................................................................... GC-8
O. Street Maintenance............".................................. ...................,......,................. GC-8
p, Storm Sewer Maintenance ...................................... ..........................................GC-8
Q. Soil Treatment Systems.........,..................................................... ..................... GC-9
R. Variances......................,.................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations......................................GC-9
T, Proof of Title.......,................................................................... ..,....,.................. GC-9
U. Soil Conditions........,............. ........................................................................... GC-9
V. Soil Correction.................................................................................................. GC-9
W. Haul Routes............. ......... ........... .............. ........ ................................ .................. GC-1 0
X. Development Signs................ ............... ............... ........................ ...... ........... ....... GC-IO
Y. Construction Plans............................................................................................... GC-l 0
Z. As-Built Lot Surveys ... .... ............ ......... ....... ............................. ........ ........... ........ GC-1 0
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
PINEHURST
SPECIAL PROVISIONS
AGREEMENT dated March 14,2005 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, PLOWSHARES DEVELOPMENT, LLC, a
Minnesota limited liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
PINEHURST (referred to in this Contract as the "plat"). The land is legally desclibed on the
attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the secUlity required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat 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 enteling the Contract, but before commencement of
any work in the plat. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A:
Final plat approved March 14,2005, prepared by Westwood Professional Services,
Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated February 21, 2005, prepared by
Westwood Professional Services, Inc.
Plan C:
Plans and Specifications for Improvements dated February 21, 2005, prepared by
Westwood Professional Services, Inc.
Plan D:
Landscape Plan dated February 21, 2005, prepared by Westwood Professional
Services, Inc.
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
1. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
November 15, 2005. The Developer may, however, request an extension oftime from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, 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 $2,119,180. The amount
of the security was calculated as 110% of the following:
Site Grading/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
Street lights and signs
Erosion control
Engineering, surveying, and inspection
Landscaping
TOTAL COST OF PUBLIC IMPROVEl\1ENTS
SP-2
$ 494,889.00
$ 217,447.00
$ 140,024.00
$ 272,060.00
$ 541,497.00
$ 5,700.00
$ 55,896.00
$ 120,926.00
$ 78,089.00
$ 1.926.528.00
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 public 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 secmity 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 comers have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a walTanty 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:
Todd Shnning
Plowshares Development, LLC
1851 Lake Drive West, #550
Chanhassen, MN 55317
952-361-0832
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $2,119,180 and pay an administration fee of $281,036.
B. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
C. Setbacks on Lots 9, 10, 11, 14, 15 and 16, Block 1shall be a minimum of 20 feet from the
back of the private street.
D. The developer is donating Outlots A and B to the City.
E. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands
on-site.
F. All structures shall maintain a 40-foot setback from wetland buffer edges.
SP-3
G. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the
direction of City staff, before construction begins and shall pay the City $20 per sign. Erosion
control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas
shall have temporary erosion protection or permanent cover year round, according to the
following table of slopes and time frames:
Type of Slope
Stee er than 3:1
10:1 to 3:1
Flatter than 10: 1
Time
(maximum time an area can remain unvegetated
when area is not activel bein worked)
7Da s
14 Da s
21 Da s
These areas include constructed storm water management pond side slopes, any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that
discharge to a surface water.
H. Daily scraping and sweeping of public streets shall be completed any time construction
site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow
tracked materials or residuals of that material to enter the storm water conveyance system.
I. Construction site access points shall be minimized to controlled access points with rock
entrance and exit pads installed and maintained throughout construction.
J. Based on the proposed developed area of 23.68 acres, the estimated total SWMP fee, due
payable to the City at the time of final plat recording is $75,533.87.
K. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff-Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase IT Construction Permit), Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
L. A minimum of two overs tory trees shall be required in the front yard of each lot. The
landscape plan shall include a minimum of 260 trees. A final revised plan must be submitted to
the City for approval.
M. The developer shall be responsible for installing all landscape materials proposed in rear
and side yard areas.
N. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction.
SPA
O. Tree preservation on site shall be according to tree preservation plans dated 02/21/05.
Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2: 1
diameter inches.
P. The applicant will be required to meet the existing site runoff rates for lO-year and 100-
year, 24-hour stOlm events. The proposed ponds must be designed to National Urban Runoff
Program (NURP) standards. In addition, the proposed ponding must be sized to accommodate
the drainage generated from the property to the north, as shown in the City's Surface Water
Management Plan (SWMP).
Q. The storm sewer must be designed for a lO-year, 24-hour storm event. Submit stOlm
sewer sizing cales and drainage map prior to final plat for staff review and approval.
R. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to
the existing wetland, existing creek area, and around the proposed pond. In addition, tree
preservation fencing must be installed at the limits of tree removal. Erosion control blankets are
recommended for all of the steep 3: 1 slopes with an elevation change of eight feet or more.
S. On the grading plan: Maximum allowable side slope is 3: 1; revise in the rear yard of Lot
3, Block 2.
T. Any retaining wall over four feet in height must be designed by a registered civil engineer
and a pennit from the City building department must be obtained. In addition, encroachment
agreements will be required for any retaining wall within a public easement.
U. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge
will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458.00 per unit
for sanitary sewer and $2,955.00 per unit for watennain. The total 2005 Lake Ann Interceptor
charge is $2,270 per unit and the SAC fee is $1,525.00 per unit. All of these charges are based
on the number of SAC units assigned by the Metropolitan Council and are due at the time of
building pennit issuance. At that time, the property owner may choose to pay the fees in full or
have them specially assessed against the lot.
V. All disturbed areas, as a result of construction, must be seeded and mulched or sodded
immediately after grading to minimize erosion.
W. The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner.
X. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
Y. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also required
to enter into a development contract with the City and supply the necessary financial security in
SP-5
the form of a letter of credit or cash escrow to guarantee installation of the improvements and the
conditions of final plat approval.
Z. Lot 27 is approved with the following conditions:
1. A drainage and utility easement shall be dedicated over the entire width of the
swale on the northwest side of the buildable area on Lot 27, Block 1. No structures shall
be allowed within this drainage and utility easement, with the exception of the retaining
wall shown on the approved grading plan.
2. To ensure proper drainage, a survey shall be required for Lot 27, Block 1 upon
completion of the landscaping. The survey shall be submitted to the City and reviewed by
staff to ensure consistency between final grades and the approved grading plan. If
discrepancies exist, any inconsistent areas shall be re-graded to match the approved
grading plan. Additionally, any property owners should anticipate flowing and/or
standing water within the swale on the northwest side of the property (Lot 27, Block 1).
This may preclude mowing of the swale during times of above average precipitation.
AA. A 3D-foot wide private easement, cross-access and maintenance agre~ment must also be
submitted for the private street.
BE. Full park fees shall be collected at the rate in force at the time of final plat.
CC. The private streets must be built to a 7-ton design and enclosed within a 3D-foot private
easement. The developer will be required to submit inspection/testing reports from an independent
geotechnical firm certifying that the street is built to a 7-ton design."
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
BY: ~A.
(SEAL)
Thomas A. Furlong, Mayor
AND: ðdi¿l~
Todd Gerhardt, City Manager
PLOWSHARES DEVELOPMENT, LLC:
~~
BY
Todd Simning, Chief Manager
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instnnnent was acknowledged before me this ':Up 1:11 day of ~ '
2005, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf öf the corporation and pursuant to the
authority granted b its . .,
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1 MyCom""'loo ""'".. Joo 31. ""0 ~ AR#UBLIC
STATE OF MINNESOTA)
f (S8.
COUNTY OF -Oille.f'")
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NOTARYPUBL
DRAFfED BY:
City of Chanhassen
7700 Market. Boulevard
SP/7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 2, Block 1, OLD SLOCUM TREE FARM, according to the plat thereof on file or of record
in the office of the County Recorder, Carver County, Minnesota.
AND
Lot 1, Block 1, OLD SLOCUM TREE FARM, according to the plat thereof on file or of record
in the office of the County Recorder, Carver County, Minnesota.
AND
That part of the following described property:
That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range
23 West described as follows: Commencing at a point on the South line thereof distant 1056.5
feet East of the Southwest comer thereof; thence East along the South line thereof 231.5 feet;
thence North 2 degrees 55 minutes West a distance of 219.5 feet; thence South 84 degrees West
86.6 feet; thence South 87 degrees 15 minutes West a distance of 138 feet; thence South a
distance of 204.7 feet to the point of beginning.
Which lies south of a line and its extension drawn from a point on the East line of the above
described property a distance of 6.8 feet North of the Southeast comer of the above described
property to a point on the West line of the above described property a distance of 8.2 feet North
of the Southwest comer of the above described property.
AND
That part of the following described property:
That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 116, Range
23, Carver County, Minnesota described as follows: Commencing at the southwest comer of
said Northwest Quarter; thence easterly along the south line of said Northwest Quarter, on an
assumed bearing of South 87 degrees 12 minutes 20 seconds East, a distance of 2,136.74 feet to
the point of beginning of the parcel to be described; thence easterly on an extension of the last
described line a distance of 261.22 feet; thence North 02 degrees 47 minutes 40 seconds East a
distance of 204.82 feet to a point hereafter call Point A; thence North 83 degrees 40 minutes 20
seconds West a distance of 197.60 feet to a point hereafter called Point B; thence South 02
SP-8
degrees 47 minutes 40 seconds West a distance of 40.0 feet; thence South 40 degrees 08 minutes
28 seconds West a distance of 105.50 feet; thence South 02 degrees 47 minutes 40 seconds West
a distance of 93.13 feet to the point of the beginning and there terminating.
Which lies south of a line and its extensions drawn from a point on the east line of the above
described property a distance of 8.2 feet north of the southeast comer of the above described
property to a point on the west line of the above described property a distance of 7.2 feet north of
the southwest comer of the above described property, according to the plat thereof on file or of
record in the office of the County Recorder, Carver County, Minnesota.
AND
That part of the Northeast Quarter of the Southwest Quarter of Section 3, Township 116, Range
23, Carver County, Minnesota lying north of the north line of WOODRIDGE HEIGmS,
WOODRIDGE HEIGmS 2ND ADDITION and WOODRIDGE HEIGHTS 3rd ADDITION
and south of OLD SLOCUM TREE FARM, according to the recorded plats thereof Carver
County, Minnesota.
SP-9
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Lakeland Construction Finance. LLC , which holds a mortgage on the subject property, the
development of which is governed by the foregoing Deve10pmmt Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this ¡5+h day of ~, 2005.
LAlteJa..vd COVlS+V-vtC.'+¡ov¡ hO'\ttVle-e ¡ LLC
~d ~ (~.O-
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STATE OF MINNESOTA )
C (ss.
COUNTY OF 'D..(\{f:,( )
The foregoing instrument was acknowledged before me this ~y of ---19fJri
2005, by
u
.
JAMIE L. ZAPCIC I
NOTARY PUBLlC·M\NNE80TA
My Commission expires JaIl. 3'. :¡()OJ
"~¡¡¡
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
SP-lø
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
on the undersigned banle
(Name of Developer) and in your favor, our
, available to you by your draft drawn on sight
The draft must:
2
a) Bear the clause, "Drawn under Letter of Credit No.
, of (Name of Bank) ':;
, dated
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
(Address of Bank)
on or before 4:00 p.rn. on November 30,
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
u.s. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Unifonn Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
SP-ll
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHffilT liB"
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 multi phased 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 out10ts, 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 pennits from the Metropolitan Council Environmental Services and other pertinent
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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 perfoffi1 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 perfoffi1ed 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 perfoffi1 all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion 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 control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion 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
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 20-94.
GC-2
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. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2Yz) 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 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 October 1 through May 1 these conditions must be complied with by
the following July 1st. 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
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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 20-94 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 wananty/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 wananty 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 wananty period for sod, trees, and landscaping is eighteen (18) months
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. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incuned, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a w11tten request is made to assess
the costs over a four year tenn 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
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
GC-4
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 (2~%) of construction costs
for the first $1,000,000 and one and one-half percent (lV2%) 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 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 20E of this Agreement.
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
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for all costs, damages, or expenses which the City may payor incur in consequence of such claims,
including attorneys I 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 I 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 pennits for lots which the Developer mayor 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
pennit 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.
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
pennission 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
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.
GC-6
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 tenns 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, watennain, and stonn 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.
I. 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
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
GC-7
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 patt of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be 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 any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
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 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
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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.
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
GC-9
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils rep0l1 from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction matelial, construction equipment or
construction debris, or any other purpose.
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 ll"xl7" reduced
construction plan sets and three sets of specifications. Within sixty (60) days 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 seta 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 drain tile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif fOlmat (the .dxf file must be tied to the current county
coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif format. 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.
Rev. 3/31/04
GC-lO
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File Number: CA 24435
RE: fJOWIIba.res Development U.c
SCHEPULBA ~
Eff..ti", Dat. ~:/.004
a~ 7:00 AM
1. Ownerls Policy to be issued: 1992 OWNERS POLICY
Proposed Insured:
P1ow&bnres Development, LLC
Amount $9;Ð& , Ò \ c:J:::D
To Be Determined
Loan PoHcy to be issued: Amount
Proposed Insured: .
lD..~\cuN\ cþ\~~t\0'\. ~~C.L., l\....C..J
2, The estate or interest in the land described or referred to in this Commitment and covered
herein is a fee simple and title thereto is at the, effective date hereto vested in:
James Ronning and Debra Ronning
3. The land referred to in the Commiunent is described as follows:
See attached Legal Description. .
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concerning the coutent of this commitmentt please contact
Ranàa1pu uawuy aJ. \~.J¿') ......p-JS70.
Note: If you wish to schedule a ,dosing, please contact us at (952) 448·5570.
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1Ð4/21/2005
14: 15
NO. 892
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CffiCAGO TITLE INSURANCE COMPANY
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Schedule A Legm Deac#ptiøn CQntinued
File Number: CA 2443S
NIKOLAI PARCEL
That part of the following described property:
That part of the Soutbeast Quarter of the Northwest Quarter of Section 3, Township 116t Range 23
West described as follows: Commencing at a point on the South line th~reof distant 1056.5 feet
East of the Southwest corner thereof; thence East along the South line thereof 231.5 feet; thence
North 2 degrees 55 minutes West a distance of219.5 feet then South 84 degrees West 86.6 feet;
thence South 87 degrees 15 minutes West a distance of 138 feet; thence South a distance of 204.7
feet to the point of beginning.
Which lies south of a line and its extension drawn from a point on the East line of the above
described property a distance of 6.8 feet North ofthe Southeast comer of the above de$CI1ped
}Jroperty to a point on the West line of the above described property a distance of 8.2 feet North of
the Southwest comer of the above described property.
TUNGSETH PARCEL
That part of the following described property:
That part oftbe Southeast Quarter of the Northwest Quaner of Section 3t Townshíp 116, Range 23,
Carver Countyt Minnesota described as follows: Commencin~ at the southwest comer of said
N ortbwest Quarter; thence easterly along the south line of swâ Northwest Quarter, on an assumed
bearin~ of South 87 degrees 12 minutes 20 seconds East, a distance of2~136.74 feet to the point of
beginnmg of the parcel to be described; thence easterly on an extension of the last descnèed line a
distance of 261.22 feet; thence Nortb 02 degrees 47 minutes 40 seconds east a distance of2D4.82
feet to a point hereafter cali Point A; thence North 83 degre~s 40 minutes 20 seconds West It
distance of 197.60 feet to a point hereafter called Point B; thence South 02 degrees 47 minutes 40
seconds West a distance of ~o.o feet; thence South 40 degrees 08 minutes 28 seconds West a
distance of 105.50 feet; thenceSouth 02 degrees 47 minutes 40 seconds West a distance of 93.13 feet
to the point of the beginning and there terminating.
Which lies south of a line and its extensions drawn from a point on the east line of the above
describcQ property a distance of 8.2 feet nQrth of the soutlieast comer af the above described
propertY- to a point on the west line of tbe above described pr~erty a distance of 7.2 feet nortb of
the southwest corner of the above described property, accordiIiß to the plat thereof on file or of
record in the office of the County Recorder, Carver County, Minnesota.
Abstract.
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04/21/2005
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NO. 892 GJ04
CHICAGO TITLE INSURANCE COMPANY
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GENERAL EXCEPTIONS
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File Number: CA 2443S
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Upon payment of the full consideration to, or for the account of! the grantors or mortgagors,
and recording of the deeds and/or mortgages, the form and execution ofwrucb is satisfactory
to the Company, the policy or policies will be iss\led, CQIltaining exceptions in Schedule B
thereof to the following matters (unless the same are disposed of to the satisfaction of the
Company):
)( If an owner's policy is to be issued! the mortgage encumbrance, if any! created as part
of tbe purchase b'ànsaction.
~
Defects! lians, encumbrances, adverse claims or ather matters. ü any created, first
appearing in the public records Dr attaching subsequent to the effective date hereof
but prior to tbe date the proposed insured i\cquires for value of record the estate or
interest or mongage thereon covered by this commitment.
~ Rights or claims of parties in possession not shown by the public records.
:>(, Encroachments, overlaps, boundary line disputes. and any other matters which would
be disclosed by an accurate survey and inspection of the premises.
\{ Easements or claims of easements not shown by the public rccørds.
\£ Any lieu, or right to a lien, for services, labor, Dr material heretofore or hereafter
~ furnished, imposed by law and not shown by public rec.ords.
~ Taxes or special assessments which are not shown aa existing liens by the public
records.
tí8:\ General and specinl taxes and assessments as hereafter UBted, if any (aU amounts
~ V shown being exclusive of interest, penalties, and cost;$): .
(A) Rea\ estate taxes pa}'able in 2005 and thereafter. - ~\l£> W' ~ @ ~
~oJ0..; Real estate taxes payable in 2004 are $14.00 and are PAID. · a
ÇO- Base tax $14.00. homestead.
@ Property Identification No. 25-0035400
~ \~ NOTE: Above tax parcel legal description appears to erroneously recite the
~ 'I SW1/4 of Ute NWl14, and should be correctea in the Auditor's Office to
IfSEl/4."
Note: There are no delinquent taxes of record.
Note: 1st haIf taxes payable on or before May 15th; 2nd half taxes payable on or
before October lSt1i
(B) Levied or pencting assessmentst if any.
C1~~Îrß
COMa :JIM Ä\-r! '
04/21/2005
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NO. 892 1:;105
CffiCAGO TITLE INSURANCE COMPANY
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file. Number: CA 24435
SCHEDULE B .. Exceptions COntinued
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i Any charges fOT municipal services (í.e., water, sewer, correction of nuisance conditions,
etc,) are the respon&îbillty of the pafties to this tranHactioQ.. For infonnanon regarding the
existence of any sucb biUs, contact the appropriate municipal office.
\4 WARRANTY DEED from James M. Ronning and Debra. D. Ronning, husband and wife
~~.a--Jto Plowshares Development, u..c conveying land des(:ribed on SchedUle A
Lt4.~ (:~ ~ Mortgage dated February 21, 2003 filed March 13,2003 as Document No. A343624 .
;'\ ç L. 0~#~ executeâ by Paul S. Tungseth and Rachelle 1\mgsetb, husband and wife to Mortgage
Vi -t' -(ut-! "f1<1- Electronic Registration Systems, Inc. (MERS), acting solely as nominee for Americau
b ~.A~ø-( ~ 5"0 Mortgage Network, Inc. in the original principaJ amount of $128,500.00. \
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31~ ¡-1 Ø' NOTE: Above Mortgage purports toencuÍtlDer põrtìañofsubject premises. Contact
1~~Av{ í3a~~ undersígned examiner for requirementa,
:; :.....-1. NOTE: This Commitment cavern no land from the Abblett Parcel to the west. Judgment
1". in Court File CX-99·1759 dated November 29, 20DO, recites an amicable senlement
between the Ronnings' and tbe Abbletts~.
~. We require that standard form of affidavit, or affidavits, be furnished us at closm.g.
'1k. We require Wen Disclåsure Certificates be completed in typed form p-rior to closing and
'f\ furnished at time of closing fot all deeds which require a Certificate of Real Estate Value
OR the deed must contain the following statement: l'The seller certifies that the seller
does not know of any wells on the described real propeny,'1
(í5) COUDty Road No. 117 over and along easterly boundary.
® Pennanent easement for p-ublic trailway to City of Chanhassen b~ Doris L Nikolai dated
V Rights of the public) the County of Carver, the State of Minnesota and other
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road purposes. ðLcl- PJ^ ~ 4--'~05 .
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04/21/2005
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FiJc Number: CA 24435
SCHEDULE B ~ &t:eptiøns Continued
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-~ Note: Identification will be required from all parties required to sign docu.ments at
Yf:..- closing.
d. Note: The following is nDt a. part of Scbedule HI and is shown for information only. This
ì will not be included an the fiiia1 policy.
Please be advised that the Tax Reform Act of 1986 requires that ~be fol1owing information
be provided at closing:
A) Seller's Tax Identification Number or Social Security Number.
B) Seller's full address after the closing.
:Jh. The Abstract of title for tbe property insured herein has not been received by Carver
~ Ccunty Abstract and Title.
NOTE~ The fallowing is not a part of Schedule B. and is shawn for infonnation only.
This will not be mcluded on the final policy. This commitment for title ìnsurance is being
issued ba.sed on a search of the records. The abstract for the propeny insured herein has
not been received by Carver County Abstract and Title.
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NO. 892
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CIUCAGO TITLE INSURANCE COMPANY
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Attach~d m and forming a pan: of
Title Iuaurancß Commitment No.
CA 24435
~NDOItSBMENT NUMBER 1
Item No; 11 of Schedule B of the above numbered Commitment is hereby deleted.
This tmdorsement is ml\de a part of tbe comøri.tment Of policy. It is subject ta all tbc terms 01 rho commitment or policy
and prior endPT2emeø.ts. Exc~pt 1\6 ~re68ly flt~ted em this endorsement, the termß, dates and amount uf the! cpmmitJ:nen~
Or policy and prior endorsements are not changed.
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04/21/2005
14: 15
NO. 892
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CAR VER COUNTY ABSTRACT AND TITL~ CO.J,.INC.
(952) 448-5570 41:1. Chestnut Street North fax (952) 448-5155
RftI1dolph Dawdy P.O. Box 106 D~v.id 5, MaoDcn
Chaskat MN 55318
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March 14, 2005
Plowsharelì DevelQpment, LLC
1851 Lake Drive West #550
Chanhasseo, Minn6So~a 55311
Nathan Franzen
RE: Po1içy Number: .-72106·716982
File Numbßr: CA 23950
Property Address: 6620 Gftlpin BQulevard
Ch.an,111u¡!ìen MUmeRClta 55317
Dear P10wshares D~velopment, LLC
YOU! Owner's PoHcy of Tille Insunøœ i~ enclo~ed. 'this is a vat~able document and should be kept in a safe place
where it will be readily avai)ab)ß.
If you later list your property fOT 8al~, ccll ypur Broker's attention to your title wUtlUlce policy. Since Y01J have au
C)Qsting pQlicy, it may be to your adVßI1tago to agree Co furnish an owner's policy to the new purchaser, in lieu. of an
abatract of title.
For any futmc title insurance needs (including refinancing) regardius this property. pJease contact Carver County
Abstract and Title Co. Inc., in order to obtai ) a te-ÌBsue ctedit.
In the event a question concerning the title to your property a:rises. pleRSð cDAtl\ct us M soon as possible.
If we eM! be of any fwther sc:rvice, pleMe cantnct U~.
Sincerely,
-LQri A. }-hlSS
Carver CQ'U.nty Abatr/lct and Title Co" Inc.
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14:15
NO. 892
G/09
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AMeRICAN LAND TITLE ASSOCIATION
OWNER'S POUCY ~, ~
(10-17-92)
716982
CHICAGO TITLE INSURANCE COMPANY
Policy No. 72106·
SlraJECT TO THB EXCLUSIONS fROM COVERAGE, THB EXCEPTIONS PROM COVERAGE
CONTAINED IN SCflEPUL.E 11 AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporafion, herein called tbe Company. insures. as of Date of Policy shown
iit Schedule A. tlgr.Înst IOS8 Qr d1unage. not exceecting the Amount ofInfìunmce s~red in Sche4ule A. sustained or
incurred by the insuTßd by reason af:
I. Title to the estate or interelìJ described in Schedule A being v !ìted ather.than ßS st~ therein:
2. Any defect in L?f lien or encumbnmce on the title;
3. Unmßrketabihty of the title;
4. Lack of Ii rÎgh~ of Access to al1d from the land.
The CompaTlY will also PQY fhe costs. iittomeys' fees aod expenses incurred in defense of the title, as Insured. but
on.ly to the extent provided in the Conditîon6 and Stipulation!!.
In Wirne$$ WIIeretJJ, CHICAGO TITLE I NS'(JRANCE COMPANY has caused this policy to be signed am! seaJed as
of Date of Policy $hown in Schedule A. the polioy to become vatid when countersigned by an autborized signatory.
CHICAGO TITLE INSURANCE COMPANY
tss\l<ld by;
Carver County
;¡þst:ra&t & fJÏ.tfe CO'I Ine~
- Since ]959 .
411 Chcsm"tS~Nonb
Chaska. Mjl-\1l1~8ota 55318
(952)448-5570 . F~:(9S2)448-S155
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04/21/2005
14: 15
NO. 892
(;¡10
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CHICAGO TITLE INSURANCE COMPANY
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SCHEDULE A
FILE NUMBER
CA. 23950
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PoUçy Number 72106-7169a2
DATB OFPOUCY
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AMOUNT OF INSURANCE
! $6,001).000.00
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1. Name ofJnsured:
Plowshares Development, LLC~ a Minnesota limited liability company
2. A fee simpI~ estate in ~he ,land c,wered by this policy i¡¡ vested in ~be im¡ured,
3. Tbe land harem described ¡Ii encu~bered by tbe fallowIng mortgage pr tn~~ dee~, and. assignments:
First Mortgage da.ted Febru~ 11~ 2005 filed February 14, 2005 as Document No. A40193S,
Office of the County Recorder, Carver County, Minnesota, executed by Plowshues
Development, LLC to Lakeland Construction Finance, LLC in the original principal amount of
$1,500,000,00.
Md the mortgages or ttu&t deßdIi, if an)' ¡¡hown in Schedul~ B hereof.
4. The land referred to m tl,is Policy is dellcribed ~ foltoWIì:
Lot Two (2), Block One (1), Old Slocum Tree Farm, accardinJl~ the plat the,reaf on file or of
record in the office of the County Recorder t Carver County, . esota.
Abstract.
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04/21/2005
14:15
NO. 892 [;111
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CmCAGO TITLE INSURANCE COMPANY
FUe Number: CA 23950
Paliey Number 72106·7169&2
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This PQlicy does Dot insurø ßgaimlt JOBS or dlmagc (ød the Company wID nøt pay costa. attorney' fees OJ' ~CI) w.bicb
arilìC by teucSJ, af:
1. Real Estate Taxes for the year 200S and subsequent years.
NOTE: Taxes for the year 2004 in the amount of $8,364.00 are paid in full.
Property Identification No. 25-5590020. .
2. ~pecial assessments hereafter levied. '
Note: There are no levied or pending assessments now due or payable.
3. Second Mortgage dated February 11, 2005 filed February 14} 2005 as Document ND.
A407936, Office of the County Recorder, Carver County, Mìnnesota executed by Plowsharßs
Development, Ltc to Lakelal1d Constmction Finance, LLC in the original principal amDunt
of $5.400,000.00.
4. Suþject to drainage and utility easements as shown on plat.
5. Basement for Driveway between James W. Wilson, single and SamJ. Mancino and Nancy K.
Mancino, husband and wife as created in Document No. 88865, dated June 30, 1987, filed
July 21> 1987.
6. Easement for Utiliûes and Power Lines as :Rrovided in Trustee's Deed to Richard Relf
dated May 11, 1955, filed May 17,1955 Book 57 of Deeds Page 524.
NOTE; The above exception will be deleted upon consolidation of record title for Løt 1.
Block 1, aDd wt 2, Block 1, 014 Slocum Tree Farm, in PlowsbfU'e~ Development, LLC
(reference Carver County Abstract and Title Co., Inc. File CA·23994).
7. Easement for Drivßway between James W. Wilson, sit!g1e and Sam J. Mancino and Nancy K.
Mancino. husband and wife as created in Document No. 88865, dated June 30, 1987 filed
July 21, 1987.
NOTE: The above exception will be deleted upon consolidation of record title for· Lot 1,
Block 1. and Lot 2, Block 1. Old Slocum Tree Farm, in Plowshares Development, LLC.
(Reference Carver County Abstract and Title Co., Inc. File CA-23994.)
Co~ntersigned
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Authorize 19natory
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(Reserved for County Auditor or Treasurer
for certification)
(reserved for recording data)
GRANT OF EASEMENT
FOR
PUBLIC TRAIL PURPOSES
THIS GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES is made as of
/}fa-I t- I?- _,2005, by INDEPENDENT SCHOOL DISTRICT NO.;;).=)~, an
independent school district under the laws of the State of Minnesota ("Grantor"), in favor of the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City") and PLOWSHARES
DEVELOPMENT, LLC, a Minnesota limited liability company ("Plowshares").
RECITALS
A. Grantor is the owner in fee simple of real property in the County of
Carver, Minnesota, which is legally described on Exhibit A attached
hereto (the "Grantor Tract").
B. Plowshares owns certain real property adjacent to the Grantor Tract, which
Plowshares Íntends to develop as a single-family residential development
known as Pinehurst.
C. As a requirement of the approvals of Pinehurst, the City required
Plowshares to make a public trail connection between the Grantor Tract
and Pinehurst.
D. Plowshares and the City desire to use a portion of the Grantor Tract to
complete such connection.
, .
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor:
1. Permanent Easement - Grantor hereby grants to the City, its successors and
assigns, a permanent easement (the "Permanent Easement") for public trail purposes over,
under, upon and across that portion of the Grantor Tract legally described and depicted in
Exhibit B attached hereto as the "permanent trail easement". The Permanent Easement shall
permanently run with the title to the Grantor Tract and shall inure to the benefit of and be binding
upon Grantor and the City and their respective heirs, successors and assigns, including, but
without limitation all subsequent owners of the Grantor Tract and all persons claiming under
Grantor.
2. Temporary Easement - Grantor hereby grants to Plowshares, its successors and
assigns, a temporary grading and construction easement (the "Temporary Easement") over,
under and across those portions of the Grantor Tract, as described and depicted in Exhibit B as
the "temporary construction easement", for use in connection with the construction of the public
trail connection within the Permanent Easement. The Temporary Easement shall run with the
title to the Grantor Tract and shall inure to the benefit of and be binding upon Grantor and
Plowshares and their respective heirs, successors and assigns, including, but without limitation
all subsequent owners of the Grantor Tract and all persons claiming under Grantor; however, the
Temporary Easement shall terminate upon final completion of construction of the permanent
public trail connection improvements within the Permanent Easement, but in no case later than
December 31, 2006.
3. Use of Grantor Tract - Grantor hereby agrees not to perform or allow or cause the
construction of any improvements on the Permanent Easement or Temporary Easement which
could damage or obstruct the Permanent Easement or Temporary Easement or interfere with
Plowshares' access to and right to construct the public trail, or the City's right to maintain and
repair the public trail located within the Permanent Easement.
4. Warranty of Title - Grantor represents and warrants to Plowshares and the City
that Grantor is the only owner of fee simple title to the Grantor Tract, and that there are no
undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or
any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to
the Grantor Tract which would prohibit the granting of the Permanent Easement and/or
Temporary Easement.
5. Governing Law - This Grant of Easement for Public Trail Purposes shall be
construed and governed by the laws of the State of Minnesota.
2
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for Public
Trail Purposes on the above date.
I
CORA LANE NElSON
Notary Publlc-MInnesota
Mr eomnJlabI e.p¡re.JønSt. 2010
GRANTOR:
INDEPENDENT SCHOOL DISTRICT
NO. ¿;L 7 "
By: q;¿. 6-- ~
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(print Name)
Its: e (t1- OtØ- P//-ft+/"fQ..gjf <r Ð P e
STATE OF MINNESOTA)
) ss.
COUNTYOF4øÅf~~J)
This instrument was acknowledged befor.e me ~ ~ day of
~ ' 2005, by ~.Ñ/4-,,- -, the
7/, - . .16..,~ of Independent School District No....(7¿" an independent school district
under the laws of the State of Minnesota, on behalf of such district.
~(~~~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Larkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431-1194
(952) 835-3800 (TF A)
IO01631.1
3
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02005 We.\wood Professional Service., Inc.
IIf"ST LINE OF THE 5W.
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FEET OF THE WEST 1242.00 I \
FfIT OF THE Sw. 1/4 OF THE \ \
NW. 1/4 OF SEC. 3. "q
1242.00 I ¿
(~'SOUTH LINE OF THE Sw. 1/4 C)
\ OF THE NW. 1/4 OF SEC. J. TRAIL EASEMENT":;:,-T;;.,·
\. T. 116, R. 23, CARV£R 8.501-1-
COUNTY. MINNESOTA.
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WEST LINE OF THE Sw. \
,..- - 1/4 OF THE NW. 1/4 \
" OF SEC. 3. IIf"ST LINE OF THE EAST 47.00_ _ \
....... FfIT OF THE w.£"ST 1261.28 ...... ...... ~
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TEMPORARY CONSTRUCTlON:::"::::'-
EASEMENT 1261.28 I
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T. 116, R. 23. CARVER
COUNTY. MINNESOTA.
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Westwood ProfessionalServices,lnc.
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(Reserved for County Auditor or Treasurer
for certification)
(reserved for recording data)
GRANT OF EASEMENT
FOR
PUBLIC TRAIL PURPOSES
THIS GRANT OF EASEMENT FOR PUBLIC TRAIL PURPOSES is made as of
Af~'\ \ 1'1 , 2005, by PLOWSHARES DEVELOPMENT, LLC, a Minnesota
limited liability company ("Grantor"), in favor of the CITY OF CHANHASSEN, a Minnesota
municipal corporation (the "City").
RECITALS
A. Grantor is the owner in fee simple of real property in the County of
Carver, Minnesota, which is legally described on Exhibit A attached
hereto (the "Grantor Tract").
B. As a requirement of the approvals of Grantor's development known as
Pinehurst, the City required Grantor to make a public trail on the Grantor
Tract.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor:
1. Permanent Easement - For as long as the City maintains and operates the same for
public trail purposes, Grantor hereby grants to the City, its successors and assigns, a permanent
easement (the "Permanent Easement") for public trail purposes over, under, upon and across
that portion of the Grantor Tract legally described and depicted in Exhibit B attached hereto as
the "permanent trail easement". The Permanent Easement shall permanently run with the title to
the Grantor Tract and shall inure to the benefit of and be binding upon Grantor and the City and
their respective heirs, successors and assigns, including, but without limitation all subsequent
owners of the Grantor Tract and all persons claiming under Grantor.
2. Use of Grantor Tract - Grantor hereby agrees not to perform or allow or cause the
construction of any improvements on the Permanent Easement which could damage or obstruct
the Permanent Easement or interfere with the City's right to maintain and repair the public trail
located within the Permanent Easement.
3. Encumbrances - Grantee shall not suffer or permit anything to be done that will
cause the Grantor Tract to become encumbered by any mechanic's lien or similar lien, charge or
claim. If any mechanic's lien or similar charge or claim is filed against the Grantor Tract, due to
Grantee's alleged request for labor or materials, Grantee shall discharge the same of record by a
release or bond within thirty (30) days after Grantee receives notice of the filing of any such lien,
claim or other charge.
4. Responsibility - Grantor and Grantee shall each be responsible for their respective
acts and omissions with respect to the Permanent Easement, and the results therefrom. With
respect to Grantee's liability, Minn. Stat. Ch. 466 and other applicable statutes shall apply.
5. Warranty of Title - Grantor represents and warrants to the City that Grantor is the
only owner of fee simple title to the Grantor Tract, and that there are no undisclosed mortgages,
contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances
or verbal or written agreement of any nature whatsoever affecting title to the Grantor Tract which
would prohibit the granting of the Permanent Easement.
6. Governing Law - This Grant of Easement for Public Trail Purposes shall be
construed and governed by the laws of the State of Minnesota.
2
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for Public
Trail Purposes on the above date.
GRANTOR:
PLOWSHARES DEVELOPMENT, LLC
STATE OF MINNESOTA)
) ss.
COUNTYOF~\V~\)
BY:~~
Todd M. Simning
_ _ _ _ _. _ Its.;.. Chief~nap/>r
. -~
fa USA MAE FAILS
Notary Public .
. Minnesota
Mttooll~ fJ¡ØesJan. 31, 2m3
...;;."" .....':;.. ';'-,_ .IJI!I.~' ,,_~ -=- -- __ :...;.. __ --___ '...
This instrument was acknowledged before me this ~ day of
. , 2005, by Todd M. Simning, the Chief Manager of Plowshares
Develo ent, LLC, a Minnesota limited liability company, on behalf of the company.
~~~~
ublic .
THIS INSTRUMENT WAS DRAFTED BY:
Larkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431-1194
(952) 835-3800 (TFA)
1006421.1
3
EXHIBIT B
A permanent easement for trail purposes over under and across those parts of Lot 8, Lot
10, Lot 11, Block 1, PINEHURST according to the recorded plat thereof, Carver County,
Minnesota, lying 5.00 feet on the northerly side and 10.00 feet on the southerly side of
the following described line: Beginning at the northeasterly comer of said Lot 11, Block
1, said corner is common with said Lot 8 and Pinehmst Drive as dedicated on said
PINEHURST; thence North 51 degrees 16 minutes 57 seconds West, assumed bearing,
along the northeasterly line of said Lot 11 a distance of 87.85 feet; thence northerly along
a tangential curve concave to the east, having a radius of 23.00 feet and a central angle of
78 degrees 05 minutes 29 seconds, and &n arc distance of 31.35 feet; thence northwesterly
along a tangential reverse curve concave to the southwest, having a radius of 40.00 feet
and a central angle of 120 degrees 25 minutes 44 seconds, and an arc distance of 84.08;
thence North 03 degrees 37 minutes 12 seconds West, not tangent to said curve, 6.76 feet
to the north line of said Lot 10, Block 1 and said Line there terminating.
The side lines of said easement are to be prolonged or shortened to terminate at said
easterly line of Lot 11, the southeasterly line of said Lot 8 and said north line of Lot 10.
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ENCROACHMENT AGREEMENT
AGREEMENTmade this 2( day of Ar....'\ \
, 2005, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and
PLOWSHARES DEVELOPMENT, LLC, a Minnesota Limited Liability Company
("Developer").
1. BACKGROUND. The City owns Outlot B, Pinehurst, in the City ofChanhassen,
County of Carver, State of Minnesota ("City Outlot")and dedicated right-of-way known as
Edgewood Court, Pinehurst, in the City of Chanhassen, County of Carver, State of Minnesota
("subject right-of-way"). Developer wants to construct a landscaped median which would encroach
within the subject right-ot:way and retaining walls which would encroach within the City Outlot.
The encroachment area is legally described on Exhibit "A" attached hereto.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment within the City Outlot for the construction of retaining walls by the Developer and
the encroachment within the subject right-of-way for the construction of a landscaped median by the
Developer.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach within the City Outlot and subject right-of-way, the Developer, for themselves, their heirs
and assigns, hereby agree to indemnifY and hold the City harmless ITom any damage caused to the
City Outlot and subject right-of-way, including the retaining walls and median, caused in whole or
in part by the encroachment into the City Outlot and subject right-of-way.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the Developer thirty (30) days advance written
notice. The Developer shall remove the retaining walls and/or median to the effective date of the
termination of this Agreement. If the Developer fails to do so the City may remove the retaining
walls and/or median.
5. RECORDING. This Agreement shall be recorded against the title to the subject
property.
CITY OF CHANHASSEN
By:~A'
(SEAL)
Thomas A. Furlong, Mayor
ANDß~~~/Clerk
PLOWSHARES DEVELOPMENT, LLC
BY:~~
Todd M. Simning, Chief Manager
STATE OF MJNNESOTA )
/íJ _. .. . (ss.
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this :2..".f::A day of
. 2005, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and
Ci Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
I r¡;.·"·~~~~'ttf.. KAREN J. ENGELHARDT I ~
Notary Public-Minnesota . 0 ARY . . LIC
My Commission Expires JaJ131, 2010
STATE OF MINNESOTA )
( ss.
COUNTY OF ~f" Ü.r )
USA MAE FAILS
Notary Public
Minnesota
My Commission Expires Jan. 31 2Q06
- ... .... _ 'W" _ 'W .... ............ _, .... .... ~
The foregoing instrument was acknowledged before me this ~~y of Â-Ar"} (
2005, by Todd M. Simning, the Chief Manager of Plowshares Develo~~-trt~~innesota
limited liability company, on behalfoftbe company_. ~ .
~m~IC I~
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
EXlllBIT "A"
TO
ENCROACHMENT AGREEMENT
Legal Description of retaining wall encroachment area within City Outlot:
Over, under and across that part of Outlot B, PINEHURST according to the recorded plat
thereof, Carver County, Minnesota described as follows; commencing at the southwest
comer of said Outlot B; thence North 45 degrees 36 minutes 56 seconds East, assumed
bearing, along the westerly line of said Outlot B a distance of 138.21 feet to the point of
beginning; thence continue North 45 degrees 36 minutes 56 seconds East 186.54 feet to the
northwest comer of said Outlot B; thence South 60 degrees 25 minutes 53 seconds East,
along the northerly line of said Outlot B, 37.62 feet; thence South 68 degrees 04 minutes 05
seconds West 68.54 feet; thence South 45 degrees 36 minutes 35 seconds West 133.59 feet;
thence North 44 degrees 23 minutes 25 seconds West 10.00 feet to the point of beginning
and there terminating.
ALSO
Commencing at the southwest comer of said Outlot B; thence South 87 degrees 21 minutes
21 seconds East 87.07 feet to the point of beginning; thence North 45 degrees 36 minutes 35
seconds East 137.30 feet; thence South 44 degrees 23 minutes 25 seconds East 45.49 feet;
thence South 45 degrees 36 minutes 35 seconds West 94.94 feet to the south line of said
Outlot B; thence North 87 degrees 21 minutes 21 seconds West 62.16 feet along said south
line to the point of beginning and there terminating.
Legal Description of landscaped median encroachment area within the subject right-of-way:
The part of Edgewood Court as dedicated on the plat of PINEHURST, Carver County,
Minnesota, lying within the circumference as follows: Commencing at the most easterly
comer of Lot 7, Block 3; thence North 66 degrees 35 minutes 41 seconds East, assuming
the southeasterly lines of said Lot 7 bears North 48 degrees 36 minutes 14 seconds East,
65.00 feet to the center of said circle and the property to be described.
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CERTIFICATION
STATE OF MINNESOTA. .)
, ,:'.:c- ',','.). ss
COUNTY OFCARVER)·
I, Karen J. Enge¡h~~d.t,duly appointed and acting Deputy City Clerk for the City
..
of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of
Resolution Vacating Public Easements within the Pinehurst Plat, Vacation File No.
05-01 adopted on April 11, 2005, with the original copy now on file in my office and
have found the same to be a true and correct copy thereof.
,') I tA.
Witness my hand and official seal at Chanhassen, Minnesota, this ø<..v day
of April, 2005.
~ -. ,
\".;
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
April 11, 2005
RESOLUTION NO:
2005-41
MOTION BY:
Peterson
SECONDED BY:
Labatt
A RESOLUTION V ACA TING PUBLIC EASEMENTS WITHIN THE PINEHURST PLAT
VACATION FILE NO. 05-01
WHEREAS, the City received a request from Ploweshares Development, representing thè
Pinehurst subdivision, to vacate all existing public drainage and utility easements within the
underlying parcels of the Pinehurst development; and
WHEREAS, the existing public drainage and utility easements were granted to the City as
part of the Old Slocum Tree Farm plat in 1987; and
WHEREAS, the Pinehurst plat was approved by the City Council on March 14,2005.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating the existing public drainage and utility easements as defined on the attached
vacation description.
Passed and adopted by the Chanhassen .City Council this 11th day of April, 2005.
ATIEST:
j~;1itd0:
~A
YES
NO
ABSENT
Furlong
Labatt
Peterson
Tjomhom
None
Lundquist
Easement Vacation Description
All Drainage and Utility Easements as dedicated per OLD SLOCUM TREE FARM, according to
the recorded plat thereof, Carver County, Minnesota.
g:'cng\vacations\05-01 pind:1ur.st\e.asrœnt desc.OOc
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