Site Plan Agreement Letter 06-05-2015June 5, 2015
CITY OF
CHANAASSEN
Building Inspections Dear Mr. Clements:
Phone: 952.227.1180
Fax: 952.227.1190 Enclosed is a site plan agreement that must be executed by CLA Chanhassen, LLC.
Engineering
Note that if there is a different property owner and/or mortgage holder on the
Phone: 952.2271160 property, they will need to sign the consent(s) at the end of the agreement. Return the
Fax: 952.2271170 agreement to me for City execution and recording at Carver County within 120 days
of the approval (by September 24, 2015) and prior to the issuance of a building
Finance permit. The required security specified in the site plan agreement ($256,000.00) shall
Phone: 952.227.1140 be submitted in conjunction with the site plan agreement. Once this is recorded and
Fax: 952.227.1110 erosion control installed and inspected, you may begin site work. A separate building
Park & Recreation permit application and review is required. A copy of the executed agreement will be
Phone: 952.227.1120 returned for your files.
Fax: 952.227.1110
Should you have any questions, please contact me at (952) 227-1131 or by email at
Recreation Center b enerous ,ci.chanhassen.mn.us.
2310 Coulter Boulevard
Phone: 952.227.1400 Sincer
Fal7.
404
Planning
P &
Planning & �
Natural Resources
Phone: 952.227.1130 Robert Generous, AICP
Fax 952.227.1110 Senior Planner
Public Works
Mr. Mike Clements
7700 Market Boulevard
CLA Chanhassen
PO Box 147
Chanhassen, MN 55317
3131 East Camelback Road, Suite 420
Phoenix, AZ 85016
Administration
Re: Children's Learning Center — Chanhassen
Phone: 952.227.1100
Terry Jeffery, Water Resources Coordinator
Fax: 952.227.1110
Planning Case #2015-09
Building Inspections Dear Mr. Clements:
Phone: 952.227.1180
Fax: 952.227.1190 Enclosed is a site plan agreement that must be executed by CLA Chanhassen, LLC.
Engineering
Note that if there is a different property owner and/or mortgage holder on the
Phone: 952.2271160 property, they will need to sign the consent(s) at the end of the agreement. Return the
Fax: 952.2271170 agreement to me for City execution and recording at Carver County within 120 days
of the approval (by September 24, 2015) and prior to the issuance of a building
Finance permit. The required security specified in the site plan agreement ($256,000.00) shall
Phone: 952.227.1140 be submitted in conjunction with the site plan agreement. Once this is recorded and
Fax: 952.227.1110 erosion control installed and inspected, you may begin site work. A separate building
Park & Recreation permit application and review is required. A copy of the executed agreement will be
Phone: 952.227.1120 returned for your files.
Fax: 952.227.1110
Should you have any questions, please contact me at (952) 227-1131 or by email at
Recreation Center b enerous ,ci.chanhassen.mn.us.
2310 Coulter Boulevard
Phone: 952.227.1400 Sincer
Fal7.
404
Planning
P &
Planning & �
Natural Resources
Phone: 952.227.1130 Robert Generous, AICP
Fax 952.227.1110 Senior Planner
Public Works
Enclosures
7901 Park Place
Phone: 952.2271300
Fax 9522271310
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Senior Center
Todd Gerhardt, City Manager
Phone. 952.2271125
Terry Jeffery, Water Resources Coordinator
Fax 952.2271110
Jerry Mohn, Building Official
Jill Sinclair, Environmental Resource Specialist
website
www.ci.chanhassen.mn.us
Alan Catchpool, CEI Engineering Associates, Inc.
Dan Petersen, Children's Leaming Adventure Childcare Centers
gApl=\2015 planning cases\2015-09 children's learning adventurevspa leher.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2015-09
CHILDREN'S LEARNING ADVENTURE
SPECIAL PROVISIONS
AGREEMENT dated May 26, 2015, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and CLA Chanhassen, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 33,032 square -foot, one-story childcare building with outdoor play areas and equipment
(referred to in this Agreement as the "project"). The land is legally described as shown in Exhibit B
attached.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Permit, the written terms shall control. The plans are:
Plan A: Site Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15.
Plan B: Grading Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15.
Plan C: Utility Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15.
Plan D: Erosion Control Plan prepared by CEI Engineering Associates, hic., dated 3/20/15.
Plan E: Details I Plan prepared by CEI Engineering Associates, hic, dated 3/20/15.
Plan F: Details II Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15.
Plan G: Details III Plan prepared by CEI Engineering Associates, hic, dated 3/20/15.
Plan H: Tree Survey Plan prepared by CEI Engineering Associates, hic., dated 3/20/15.
Plan I: Landscape Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15 revised 4/6/15.
Plan J: Floor Plans prepared by CASCO, dated 3/18/15.
Plan K: Site Detail Plans prepared by CASCO, dated 3/18/15.
Plan L: Exterior Elevation Plans prepared by CASCO, dated 3/18/15.
Plan M: Site Line Study Plans prepared by CASCO, dated 3/18/15.
Plan N: Exterior Color Material Plan prepared by CASCO, dated 3/18/15.
Plan O: Photometric Plan prepared by CASCO, Job No. 915494, Sheets E0.1 and E0.2.
PlanP: Sign Plan prepared by Accent Sign & Awning, dated 1/29/15, revised 3/18/15 and 3/19/15.
4. Time of Performance. The Developer shall install all required screening and landscaping
by September 30, 2016. The Developer may, however, request an extension of time 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.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
5256,000.00 (boulevard restoration, erosion control, landscaping and trail reconstruction). If the
Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the
developer shall ensure the letter of credit or cash escrow is in an amount sufficient to insure the
installation of said landscaping.
PROCEDURESFOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. 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 certified mail at
the following address:
Mike Clements
Dan Petersen
CLA Chanhassen, LLC
3131 East Camelback Road, Suite 420
Phoenix, AZ 85016
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.
2
7. Other Special Conditions. City Council approves a site plan for Children's Learning
Adventure subject to the following conditions:
Building Official
1. A building permit is required prior to construction.
2. The building is required to have an automatic fire -extinguishing system.
3. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
4. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
5. Fenced "playground" areas must be provided with approved, code -compliant exiting system.
Engineering
1. The proposed access and turn lane on Galpin Boulevard are subject to Carver County's
review, approval and permitting.
2. An escrow for the trail work and water service connection shall be collected with the site plan
to ensure that the area is restored and functioning properly after one freeze -thaw cycle.
3. A barricade must be installed at the end of the stub located north of the Galpin Boulevard
access.
4. The developer must contact the city's construction manager at 952-227-1166 a minimum of
48 hours prior to the wet tap.
5. The developer must obtain any necessary approvals to grade and install improvements within
the Xcel Energy easements on the western and southern portions of the property.
6. The developer shall meet the requirements of the April 9, 2015 review letter from MnDOT.
Environmental Resources Specialist
1. The applicant shall change Chinese elm to Princeton elm and Golden ash to an overstory,
deciduous species selected from the city's Approved Tree List.
2. The applicant shall revise the plans so that no more than five trees of one species are planted
in a row along West 78h Street.
3. The applicant shall change the two proposed swamp white oaks along Highway 5 to an
understory species. The proposed Golden ash to be planted at the southeast corner of the
property shall be moved slightly north to further avoid the OHE line.
Fire Marshal
1. A three-foot clear space must be maintained around fire hydrants.
2. No burning permits will be issued for tree/brush removal.
3. "No Parking Fire Lane" signs and yellow -painted curbing will be required. Contact the Fire
Marshal for specifics.
4. Twelve -inch address numbers of contrasting color shall be installed on the building side
facing Galpin Boulevard and also on the monument sign at the driveway entrance. The Fire
Marshal must review and approve prior to installation.
Planning
The eastern elevation must provide additional windows to meet the 50 percent transparency
requirement or other architectural detailing as outlined in the staff report.
2. The applicant shall provide bicycle parking and storage facilities.
3. Parcel A may be dedicated to the City. Pervious surface credit will be apportioned to Parcel
B.
4. The illuminated sign inside the rotunda can be illuminated from the hours of 6:00 a.m. to
10:00 p.m. at a maximum of 5,000 Nits. During all other hours the illumination may not
exceed 500 Nits.
5. The illumination at the top of the band on the rotunda was not submitted as part of the plans
and is not permitted. Lighting shall not be directed skyward.
6. The wall signs are only permitted on Highway 5 and Galpin Boulevard and must comply with
size standards in the city code. The monument sign shall comply with city code. Separate
sign permits are required for signage.
Water Resources Specialist
The pond which discharges directly to the wetland shall be used as a temporary basin
throughout the project. A temporary outlet and inlet shall be designed and constructed. This
basin shall be graded to the approved design upon substantial stabilization of the remaining
site. The plans must indicate this requirement.
2. The bioretention area shall be graded last and perimeter control in the form of silt fence with
metal tee posts shall be installed to protect the area from constriction traffic and material
storage. A note shall be added to the plan set to this effect.
3. City code requires that six (6") inches of topsoil be placed on all disturbed areas to be
vegetated unless other engineered soil is to be used such as in bioretention areas. Topsoil
El
shall be stripped on the site and stockpiled with adequate erosion prevention and sediment
control practices. The plan shall indicate this requirement and demonstrate how this will be
accommodated.
4. Slopes immediately tributary to wetland shall be stabilized within 48 hours of cessation of
earthwork activities. The slope must be stabilized with a hydraulic erosion control product or
net -free biodegradable erosion control blanket.
5. Inlets with the potential to have sediment introduced as a result of import/export of materials
shall have inlet protection installed. Dandy bags are not an acceptable inlet protection device.
See City Detail 5302A.
6. Item B2 on Sheet C6 shall be changed to delete the 21 -day requirement.
7. A note shall be included on Sheet C6 indicating that the bioretention areas must not be
graded to their final condition until the contributing watershed is stabilized.
8. Item E10 on Sheet C6 shall be changed to read "...due to construction equipment driving
across or materials being stockpiled in the infiltration area."
9. Quantities of BMP measures must be included. This shall include the volume of topsoil and
the quantity of seed required.
10. Because this site is tributary to an impaired water, the stabilization of all disturbed areas
draining to Bluff Creek must be initiated immediately but in no case later than 7 days. The
exception being those areas to be stabilized within 24 hours.
11. A note shall be included on Sheet C6 indicating that topsoil is to be stripped and stockpiled
onsite such that an adequate quantity exists to place six (6") inches over all disturbed areas to
be vegetated.
12. Include discussion of receiving water being Bluff Creek which is on the 303D list as impaired
for turbidity and fish indices of biological integrity.
13. Chanhassen requires that metal tee posts are used with erosion control fence. Wooden posts
are not allowed unless explicitly stated by the city. The plans shall use City Detail #5300.
14. City Detail #5301 shall be used for the rock construction entrance.
15. Final stabilization methodologies shall be included as part of the overall SWPPP.
16. Design of stormwater best management practices shall follow the guidelines of the Minnesota
Stormwater Manual.
17. The applicant shall meet the volume reduction requirement set forth in the NPDES permit of
one inch from all impervious surface or demonstrate to the City's satisfaction that the site
meets one or more of the limitations described in the permit.
18. In the event that a limitation does exist, the applicant shall provide volume reduction to the
maximum extent practicable and shall evaluate the potential of practices beyond infiltration
such as stormwater capture and reuse.
19. The final basin prior to discharge into the wetland shall be designed as a wet detention pond
and must meet NURP recommendations and city design standards.
20. Curb cuts shall be no less than five (5) feet wide and shall have adequate pretreatment prior
to discharge into the bioretention features.
21. The outlet structure from the pond into the wetland shall not be submerged.
22. A drainage and utility easement shall be recorded over the stormwater management features
and the wetland.
23. The city will maintain the NURP basin upon acceptance of the final product.
24. The property owner shall be responsible for the long-term maintenance of the bioretention
features.
25. A maintenance agreement for the bioretention features shall be entered into by the land owner
as required under the MS4 permit. This agreement shall be recorded against the property.
26. An operations and maintenance manual shall be prepared by the applicant for the bioretention
features. This shall address the planting schedule, establishment period as well as presumed
long-term annual and semi-annual maintenance requirements.
27. The applicant shall procure all necessary permits from agencies with jurisdiction over the
project area.
28. The site must meet the requirements of the Minnesota Department of Natural Resources
Shoreland rules.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER:
CLA Chanhassen, LLC
BY:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 20�
by Denny Laufenburger, 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
20 by
of CLA Chanhassen, LLC.
DRAFTED BY:
City of Chanhassen
7700 Muket Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
the
NOTARY PUBLIC
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct 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, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any 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 or 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 there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. 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 removal of the erosion control measures.
5. 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.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan I, shall be
warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
9
7. Responsibility for Costs.
A. 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 site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
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. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
E
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 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. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. 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 site plan 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.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
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;
5. Metropolitan Government, its agencies, departments and commissions.
M. 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 too
enter into this Development Contract.
N. 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.
O. 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.
10
EXHIBIT B
LEGAL DESCRIPTION
Pasant A:
That part ef the Southwest Quarter of the Southwest Quarte of Section 10, Township 116,
Range 23 and the Northwest Quarter of the Northwest Ouarter of Section 15. Township 116,
Range 23, Carver County Minnesota, de ... food a. follows:
Beginning at the Southwest come of said Section 10; thence an an assumed bearing of NerU i
degree 56 minutes 40 seconds liked along the West line of said Southwest Quarter, a distance
of 1.023.06 feet to a point on cold Went line distant 1668.06 feet South of the West Quarter
comer of sold Section 10; thence South 79 degree 32 minutes 20 seconds East, a distance of
177.77 fest: thence South 66 dmreee 32 minute. 20 ..mode E..t.. di.tnno, of ttfn.an A..t-
thence North 82 degrees 42 minutes 40
58 degrees 17 minutee 20 seconds East,
minutes 20 .stand. East a distance o1
stand. West a distance of 820.19 feet
Vence North 85 degree. 54 minutes 50
ince of 33.08 feet thence South 56
.ly right of way, a distance of 158.95
West along Northerly right of wayy, a
est Quarter of Section 15, Town.hlp 116,
ids West along said Went line of the
Iles Northwe bol f that particular Northwesterly right-ol-wa line of Parcel 216, as
an MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT N0. 10-08,
m as Document No. 265755 and as amended an MINNESOTA DEPARTMENT OF
PORTATION RIGHT OF WAY PUT NO. 10-14, recorded as Document No. 279658, dexribed
cling at the Southwest comer of mid Section 10; thence an an assumed bearing of
degree 58 minutes 40 secunda Wet -long the West gene of the Southwest Quarter of
Alan 10, a distance of 401.19 feet to o particular right-of-way IMa of said Parcel 218
point of bapglnnA4g of the line to be described; thence North 47 degree. 18 minutes 16
East a distance ef 175.14 feet to an angle point in Baldricht-of-way line; thence
7 degrees18 minute 19 NCands East a distance of 22,71 /set to a point of curwture
fight -of -way line, thence EastMy a distance 66260 feet along a non-tangential cum
to Ue Souih hating a radWe of 633.04 feet and a central angle of 59 degree 58
14 seconds and having a chord of 632.76 het which bsoro North 77 degrees 17
27 secende East to an angle point In sold right-of-way lin% Vance North 56 degrees
tee 30 second. East not tangent to sold cum a distance of 114.28 foot to an angle
acid right-of-way line thence North 22 degrees 13 minutes 10 second. East along
't -of -way line, a distance of 116.13 fest and Bald Ilse there terminating.
AND
W Parcel 5:
4-980.3
That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116,
Range 23 and the Northwest Quarter of the Northwest Quarter of Section 15, Township 116,
359.5 Range 23, Carver County. Minnesota, described ae follow.:
Beginning at the Southwest sone of Bald Section 10, thence on an assumed hearing of North 1
comer Or 8040 Section 10; mens 50Uth 79 d6voo 32 minutes 20 ascends East a distance of
177.77 feet; thence South 86 degrees 32 minute. 20 endo East, a distance of 100.40 feet;
then South 78 degrees 32 minutes 20 seconds East a distance of 194.14 feel; thence South
74 degrees 32 minutes 20 amonds East a dletonee of 150.00 feet; thence South 47 degrees
N. yW minutae 20 stands East, a distance of 75.43 het thence North 82 degrees 42 minutes 40
i=moseends East a distance of 74.98 feet thence South 58 degrees 17 minutes 20 second. East
luvw9eblance of 84.58 feet; thence South 89 degree 17 minutes 20 seconds East a distance of
163.25 Net; thence South 18 degree 17 minutes 40 second, West a distance of 820.19 feet
to the Northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50
second, West dung sold Northerly right of way, a distance of 33.08 feet thence South 56
degrees 40 minutes 55 amonds Wert along sold Northerly right of wary, a distance of 158.95
feet thence North 85 degree, 54 minutes 50 accords West along said North er)1 right of way, a
distance o1 518.22 feet to the West It. of the Northwest Quarte of Section 15, Township 116,
Raw, 23; thence North 1 degree 37 minutes 50 eemnds West ding sold Wel line of the
Northwest Quarter, a distance of 9.12 feet to the point of beginning.
17
EXCEPT that part of the above desaWed property which Iles Northwesterly of that Garuaulor
spgNorthweste0y right-cf-way line of Parrs! 216, as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-M retarded as Document No. 265755 and ae
amended an MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14,
recorded ae Document No. 279856, described a, follow.:
Commencing at the Southwest earner of mid Section 10; thence an an assumed bearing of
North 1 degree 56 minutes 40 seconds Went along the West line of the Southwest Quarte of
said Section 10. a distance of 401.19 fest, to a particular right -of -ora line of eald Parcel 216
and the pint of beginning of the line to be described; thence North 47 degrees 18 minutes 16
second. net a distance of 175.14 teat to an angle point M sold right -of-way line; thence
North 47 deg. 18 minutes 19 seconds East a distance of 22.71 feet to a point of ..W.
In mid right-of-way line; thence Easterly a distance of 662.60 feet along o nm-tamgentiat
cum concave to the South having a radius of 633.04 feet and a antral male of 59 decrees
AND EXCEPT sold Parcel 216.
C. County, Minnesota
Abstract Property
paint M sold right-of-way the, these North 58 degree
'-t'*
said cum a distance of 114.28 feet to an angle
a North 22 degrees 13 minutes 10 second. East, along
116.13 fest and void It.. there terminoting.
II
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of
STATE OF MINNESOTA )
( ss
COUNTY OF )
20
E
The foregoing instrument was acknowledged before me this
20_, by
of
DRAFrED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
12
nm
day of
NOTARY PUBLIC
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
, which holds a
mortgage on the subject property, the development of which is governed by the foregoing Site Plan
Agreement, agrees that the Site Plan Agreement 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 the
Of
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
13
NOTARY PUBLIC