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Jeurissen Ridge Final Plat Approval Letter 07-25-2013Administration Re: Jeurissen Ridge (formerly known as Jeurissen ls` Addition) PFax:952.2227110o Planning Case 2013 -13 Fax: 952.227.1110 Building Inspections Dear Mr. Jeurissen: Phone: 952.227.1180 Fax: 952.227.1190 This letter is to confirm that on July 22, 2013, the Chanhassen City Council approved: Engineering Jeurissen Ridge (formerly known as Jeurissen I" Addition) plat subject to the Phone: 952.2271160 Fax: 952.227.1170 following conditions: Finance July 25, 2013 CITY OF Ridge plat. CIIANNSEN easement acceptable to the City shall be established over Outlot B before the final Phone: 952.227.1300 Mr. Bruce Jeurissen 7700 Market Boulevard B. Elmer Family Farms, LLC P Box 19450 281 s` Street Chanhassen, MN N 55317 driveway alignment with a width of approximately 26 feet. Said easement shall Recreation Center Belle Plaine, MN 56011 -5010 Administration Re: Jeurissen Ridge (formerly known as Jeurissen ls` Addition) PFax:952.2227110o Planning Case 2013 -13 Fax: 952.227.1110 Building Inspections Dear Mr. Jeurissen: Phone: 952.227.1180 Fax: 952.227.1190 This letter is to confirm that on July 22, 2013, the Chanhassen City Council approved: Engineering Jeurissen Ridge (formerly known as Jeurissen I" Addition) plat subject to the Phone: 952.2271160 Fax: 952.227.1170 following conditions: Finance 1. Dedicated access to Outlot A must be provided prior to recording the Jeurissen Phone: 952.227.1140 Ridge plat. Fax: 952.227.1110 easement acceptable to the City shall be established over Outlot B before the final Phone: 952.227.1300 2. The existing driveway access to TH 212 must be closed except for access for Park &Recreation Phone agricultural purposes only on Outlot C, Jeurissen Ridge. An access easement Fax:952.227.1110 Fax: 952.2271110 across Outlot B, Jeurissen Ridge shall be recorded which shall follow the existing g Phone: 952.227.1125 driveway alignment with a width of approximately 26 feet. Said easement shall Recreation Center be vacated should alternate access to Outlot C, Jeurissen Ridge become available. 2310 Coulter Boulevard the City to determine the exact watershed zone boundary on Outlot C, Phone: 952.227.1400 3. Unless the Bluff Creek Boulevard Improvement assessment (City Project 06 -05) Fax: 952.227.1404 levied against the property is paid in full before the final plat is recorded, the Planning & assessment is reapportioned against Outlot A. The principal of $601,212.65 was Natural Resources deferred until development and it has been accruing 6% interest since 2009. As Phone: 952.227.1130 of June 6, 2013 the assessment amount due was $796,302.31. Fax: 952.227.1110 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 4. The Bluff Creek Overlay District primary zone, " Outlot B" shall be conveyed to Public works the City by warranty deed free and clear of any encumbrances, or a preservation 7901 Park Place easement acceptable to the City shall be established over Outlot B before the final Phone: 952.227.1300 plat is recorded. Fax: 952.227.1310 Senior Center 5. Before any development plans are submitted for Outlot C the property owner shall Phone: 952.227.1125 provide appropriate technical information, including but not limited to a Fax: 952.227.1110 topographical survey, flora and fauna survey and soil data deemed necessary for the City to determine the exact watershed zone boundary on Outlot C, Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Bruce Jeurissen July 25, 2013 Page 2 Jeurissen Ridge. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. Development of Outlot C, Jeurissen Ridge would be inconsistent with the adopted Alternative Urban Areawide Review (AUAR). Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. And the development contract for Jeurissen Ridge (formerly known as Jeurissen 1" Addition). Two signed mylar copies of the final plat shall be submitted to our office for signatures. One 1 " =200' scale mylar reduction of the final plat and one 1 " =200' scale paper reduction of the final plat with just street names and lot and block numbers shall be submitted. The executed development shall be submitted to the City. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording. Permanent access to Outlot A, Jeurissen Ridge must be in place prior to recording the final plat. A warranty deed for Outlot B or executed preservation easement shall be prepared and executed for recording with the final plat documents. Additionally, all current year taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. Should you have any questions, please contact me at (952) 227 -1131 or by email at bgenerous (a,ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official c: Joe Jablonski, Lennar John Chadwick, Chadwick Group, Inc. gAplan\2013 planning cases\2013 -13 Camden ridge\appmval lettujmrissen ridge.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA JEURISSEN RIDGE DEVELOPMENT CONTRACT CITY OF CHANHASSEN DEVELOPMENT CONTRACT JEURISSEN 1sT ADDITION SPECIAL PROVISIONS AGREEMENT dated JULY 22, 2013 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and, B. ELMER FAMILY FARMS, LLC, a Minnesota Limited Liability Company (the 'Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for JEURISSEN Ridge (referred to in this Contract as the "plat'). The land is legally described 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, finnish the security 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 plan: Final plat approved JULY 22, 2013, prepared by Pioneer Engineering. 4. 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: B. ELMER FAMILY FARMS, LLC ATTN: BRUCE JEURISSEN 19450 281" STREET BELLE PLAINE, MN 56011 -5010 Phone: 952- 873 -6020 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227 -1100 5. Other Special Conditions. A. Dedicated access to Outlot A must be provided prior to recording the plat. B. The existing driveway access to TH 212 must be closed. This access may be used for agricultural purposes only on Outlot C, Jeurissen Ridge. An access easement across Outlot B, Jeurissen Ridge, shall be recorded which shall follow the existing driveway alignment with a width of approximately 26 feet. Said easement shall be vacated should alternate access to Outlot C, Jeurissen Ridge become available. C. Unless the Bluff Creek Boulevard Improvements assessment, City Project 06 -05, levied against the property described on Exhibit "A" is paid in full before the plat is recorded the assessment is reapportioned against Outlot A. As of June 6, 2013, the assessment amount with accrued interest was $796,302.31. D. The Bluff Creek Overlay District primary zone, Outlot `B ", shall be conveyed to the City by warranty deed free and clear of any encumbrances or a preservation easement acceptable to the City shall be established over Outlot B before the plat is recorded. E. Before any development plans are submitted for Outlot C the property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary on Outlot C, Jeurissen Ridge. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. Development of Outlot C Jeurissen Ridge would be inconsistent with the adopted Alternate Urban Area wide Review, AUAR. Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. 2 CITY OF CHANHASSEN M (SEAL) AND: Thomas A. Furlong, Mayor Todd Gerhardt, City Manager B. ELMER FAMILY FARMS, LLC: STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) Bruce Jeurissen, Its The foregoing instrument was acknowledged before me this day of 2013, 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. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Bruce Jeurissen of B. Elmer Family Farms, a Minnesota Limited Liability Company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 3 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: The Northwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 23, Carver County, Minnesota (referred to herein as Tract A). ALSO: Commencing at the Southwest corner of Section 23, Township 116, Range 23; thence running North on Section Line 30 feet; thence in a straight line to a point on the South Section line of said Section, 30 feet East of the Southwest comer of said Section; thence West 30 feet to said Southwest corner of said Section and place of beginning. Be a three- cornered piece in Southwest corner of said Section 23, Township 116, Range 23, ALSO: Beginning at the Southeast comer of the Northwest Quarter of the Northwest Quarter of Section 26, Township 116, North of Range 23 West; thence south along the quarter - quarter section line a distance of 800 feet to Carver County Road No. 14; thence east along the north line of said Carver County Road No. 14 a distance of 26 feet; thence north parallel to the aforementioned quarter - quarter section line of the Northwest Quarter of said Section 26, thence West a distance of 26 feet to the quarter - quarter section line; thence south a distance of 26 feet to place of beginning (referred to herein as Tract B). EXCEPT: that part of Tract A which lies Easterly of LINE 1 described below: LINE 1. Commencing at the north quarter corner of said Section 26; thence run west on an azimuth of 271 degrees 56 minutes 13 seconds along the north line of said section 1634.23 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 124 degrees 59 minutes 41 seconds for 366.71 feet; thence on an azimuth of 179 degrees 51 minutes 07 seconds for 478.28 feet; thence on an azimuth of 225 degrees 16 minutes 10 seconds for 201.73 feet; thence on an azimuth of 218 degrees 08 minutes 53 seconds for 606.64 feet to a point on the south line of said Northwest Quarter of the Northwest Quarter and there terminating. and EXCEPT that part of Tract B which lies Northwesterly and Southwesterly of LINE 2 described below: LINE 2. Commencing at the point of termination of Line 1 described above; thence run east on an azimuth of 91 degrees 23 minutes 44 seconds along the south line of the North half of the Northwest Quarter of said Section 556.16 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 218 degrees 00 minutes 59 seconds for 448.73 feet; thence on an azimuth of 200 degrees 42 minutes 57 seconds for 323.97 feet; thence on an azimuth of 105 degrees 08 minutes 31 seconds for 351.75 feet; thence on an azimuth of 99 degrees 25 minutes 54 seconds for 510.00 feet and there terminating. Together with right of access retained in Quit Claim Deed Document No. 310751 pursuant to Access Driveway Permit dated August 26, 2012. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 20. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 HIREVOCABLE 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 (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) "; 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.m. on November 30, 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, P.O. Box 147, 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 Uniform 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. MA Its