Amended & Restated CUP 90-03 RECORDEDv , ,, ,, — _ i ," 'I
CAMPBELL KNUTSON
December 5, 2014
Ms. Kim Meuwissen
City of Chanhassen c1TY RECEIVED SEN
7700 Market Boulevard
P.O. Box 147 DEC 0 9 2014
Chanhassen, Minnesota 55317
CHANHASSEN PtANNIN00EPT
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
Enclosed herewith for your files are the following original recorded
documents:
Amended and Restated Conditional Use Permit #90 -3 for property
legally described as Outlot B, Stone Creek First Addition, recorded on
October 9, 2014, as Document No. A600431;
2. Resolution No. 2014 -56 approving a metes and bounds subdivision of
Lots 1 and 2, Harvieux Addition, recorded on October 6, 2014, as
Document No. A600275; and
3. Quit Claim Deed to The Leanne K. Harvieux Living Trust for
property legally described as Lot 1, Block 1, Harvieux Addition,
recorded on October 6, 2014, as Document No. A600276.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By.
Carole J. Hoeft
cjh Legal Assistant
Enclosure
178739v1
Document No. OFFICE OF THE
A 600431 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on October 09, 2014 1:20 PM
Fee: $46.00
IIII'll I III �"II ��I Mark County uRecorder
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #90 -3
AND PLANNING CASE 2009 -19
RESTATED AND AMENDED CONDITIONAL USE PERMIT
PLANNING CASE #2014 -26
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 90 -3 and Planning Case 2009 -19:
A Conditional Use Permit for a 120 -foot tall, telecommunication tower
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Outlot B, Stone Creek First Addition.
3. Conditions. The permit is issued to American Tower Company and Merle and Jane
Volk subject to the following conditions:
a. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX,
Towers and Antennas, of the Chanhassen City Code.
b. No signage, advertising or identification of any kind intended to be visible from the ground
or other structures is permitted, except applicable warning and equipment information
signage required by the manufacturer or by Federal, State, or local authorities.
4. Severability. hi the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
5. Notices. All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, returned receipt
requested, postage prepaid, with property address as indicated below. The City and the
Association, by written notice given by one to the other, may designate any address or addresses,
to be sent when required as contemplated by this permit. Unless otherwise provided by the
respective parties, all notices, certificates, and communications to each of them shall be
addressed as follows:
To the City: City of Chanhassen
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Applicant: American Tower Corporation
c/o Jacobs Engineering
7300 Metro Boulevard, Suite 300
Edina, MN 55439
To the Owner: Merle and Jane Volk
16925 County Road 40
Carver, MN 55315
6. Reimbursement of Costs. The Applicant shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
permit and the performance thereby by the applicant. Such reimbursement shall be made within
fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 5
above. This reimbursement obligation of the applicant under this section shall be a continuing
obligation throughout the term of this permit.
7. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
8. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
2
9. Assignable. This conditional use permit is issued for the particular use and is not
personal. The City shall be notified in writing at the address provided in section 5 above of any
changes in the leasehold interest or ownership of the underlying property at least thirty (30) days
prior to such change.
10. Criminal Penalty. Violation of the terns of this conditional use permit is a criminal
misdemeanor.
Dated: September 22, 2014
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this.;day of 47 c (2014, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. ,
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227 -1100
✓ NOLApiY PUBLIC
% EN J. ENGELHARDT
oary Public - Minnesota
My Commission Expires Jan 31, 2015