Recording documents Transmittal to CK 09-15-2015RECORDING FOR:Reehivt anA Amr,
Enclosed are the following:
Date: 9 —IS -IS'
Final Plat Mylars no larger than 22" x 34". Per Andrea Poehler, do not mark "Official Copy" on the County
copy, or they may reject the mylars
Three, 1" = 200' scale paper copy of the final plat (Carver County Auditor, Assessor and Surveyor)
X Signed Si -4e_ t tarA Pty eer,-Ne- -
Mortgage Holder Consent to Plat (3) a rv\or'e- 6�C-1CS4,rt5
Mortgage Holder Consent to the // '&� �
�6n ree.irl
Warranty deed (if deeding an outlot to the City) /J /A
X Easeme
Other:
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IN
A recent copy of the title commitment enclosed/emailed (date: )
NI& If there isn't a development contract, a copy of the resolution approving final plat
V0
The City of Chanhassen has:
Final Plat Mylars ("City Copy")
1" = 200' scale mylar reduction of the final plat
1" = 200' scale paper reduction of the final plat (with street names and lot and block numbers only)
6\�Oes 04 GK 34�0�.
Security: $ l5%,0a S,!5 � from M,'yLne%z LLC— LC— (bank name)
Cash fee: $ s.(�Ccs hold( j Ch2c% 19-01 fetpl&ceci by
t_C_ et7a r c 1c, i n�
Digital copy of the final plat in .dxf and Aif formats (.pdf compatible) in Carver County coordinates
Electronic Copy of Drainage Model
Notified the developer that the current year property taxes must be paid in full and any delinquent
property taxes or green acres taxes must also be paid before the plat can be filed.
Emailed the developer, city planner and building official regarding the status of filing the plat
Provide confirmation that the documents have been submitted for recording by email to
SOXImo-(-FC C 1, c-1�xn hcisseyt . ✓n
NOTES:
fax to 952-227-1176—
111(7
G:\ENG\FORMS\plat recording checklist 20150915.docx Additional instructions on reverse? Yes/No
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I
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of
Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of
Resolution No. 2015-39, "Resolution Vacating Public Drainage & Utility Easement
at 6330 Hazeltine Boulevard, Beehive Home 2"d Addition" dated June 8, 2015 with the
original copy on file in my office and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 23rd day of
June, 2015.
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: June 8.2015 RESOLUTION NO: 2015-39
MOTION BY: Rvan SECONDED BY: McDonald
RESOLUTION VACATING PUBLIC
DRAINAGE & UTILITY EASEMENT AT
6330 HAZELTINE BOULEVARD, BEEHIVE HOME 2ND ADDITION
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published
and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days
before the hearing to each property owner affected by the proposed vacation, the Chanhassen City
Council has conducted a hearing to consider the vacation of the public drainage and utility easement
legally described on the attached Exhibit "A'; and
WHEREAS, following the hearing and consideration of the proposed vacation, the Council
has determined that it is in the public interest to vacate the public drainage and utility easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
1. The public drainage and utility easement legally described on the attached Exhibit A is
hereby vacated.
2. The vacation shall not affect the authority of any person, corporation, or municipality
owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains
and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto.
3. The City Manager is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder of Carver County.
4. This resolution shall be recorded prior to but concurrent with the recording of the final
plat for BEEHIVE HOME 2ND ADDITION.
Passed and adopted by the Chanhassen City Council this 8s' day of June, 2015.
L
Todd Gerhardt, City Manager Denny Lauf nburge , Mayor
YES NO ABSENT
Laufenburger None None
Campion
McDonald
Ryan
Tjornhom
EXHIBIT "A"
All the public drainage and utility easements as dedicated per the plat of REEDS ORCHARD RIDGE
and per the plat of BEEHIVE HOME, according to the recorded plats thereof, all in Carver County,
Minnesota, over, under and across all of Lot 1, Block 1, said plat of BEEHIVE HOME.
EXCEPT
That part of Lot 1, Block 1, BEEHIVE HOME described as follows: Beginning at the Southeast
corner of Lot 9, Block 1, REEDS ORCHARD RIDGE; thence easterly on an extension of the South
line of said Lot 9 a distance of 40.00 feet; thence northerly parallel with the East line of said Lot 9 a
distance of 46.00 feet; thence northwesterly to the Northeast corner of said Lot 9; thence southerly
along the East line of said Lot 9 to the point of beginning.
(reserved Lor recording data)
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
THIS DECLARATION is made this day of 2015,
("Declaration") by the STEVENS INVESTMENTS, LLC, a Minnesota limited liability
company (hereinafter referred to as 'Declarant").
RECITALS
A. Declarant is the fee owner of certain real property situated in the City of
Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Lot 1, Block 1, BEEHIVE HOME 2ND ADDITION, according to
the recorded plat thereof, Carver County, Minnesota (herein
referred to as "Lot 1");
I
Lot 2, Block 1, BEEHIVE HOME 2ND ADDITION, according to
the recorded plat thereof, Carver County, Minnesota (herein
referred to as "Lot 2");
B. Declarant desires to establish and secure a nonexclusive, temporary appurtenant
access easement for roadway, access, ingress and egress, and utility purposes for the benefit of
owners of Lot 2 over, under and across the Lot 1, which easement is legally described in Exhibit
A attached hereto and made a part hereof and depicted on Exhibit B attached hereto and made a
part hereof ("Easement Premises") for access to Hazeltine Boulevard, and further desires to set
forth certain covenants, conditions and restrictions regarding the same.
NOW, THEREFORE, Declarant hereby declares as follows:
1. Property Owner. Declarant acknowledges that it is the owner of Lot 1 and Lot 2.
182689v2 I
2. Grant of Easement. Declarant grants, declares, imposes upon and burdens Lot 2
with a temporary, nonexclusive easement over, under and across the Easement Premises for
construction, maintenance, repair and replacement of a roadway for access, ingress and egress
purposes and utilities, including but not limited to telephone, electric and cable television
utilities. The Easement Premises is an appurtenant easement and is granted and established for
the benefit of the Declarant and its successors, assigns and the future owners of Lot 1.
3. Use of Easement. All persons entering upon the Easement Premises under this
Declaration shall confine themselves to the purposes contemplated herein, and no trespassing or
other uses shall be permitted. The owners of Lot 1 and Lot 2 further agree not to obstruct,
impede or otherwise interfere with each other or the owners of Lot 1 or Lot 2 in the reasonable
use of the Easement Premises.
4. Acceptance. Each owner of Lot 1 and Lot 2, by accepting a conveyance of Lot 1
or Lot 2, whether or not it shall be expressed in such conveyance, accepts and agrees to all of the
terms and provisions hereof and further agrees to execute any other documents necessary to
effectuate the rights granted in this Agreement.
5. Construction, Maintenance, Repair of Roadway. The owner of Lot 1 shall be
responsible for all costs associated with the construction of a roadway within the Easement
Premises and for all costs for future maintenance and repairs of such roadway during the period
that this Declaration is in effect, unless otherwise amended.
6. Termination. This Declaration and the easement granted under the Declaration
shall cease upon dedication of a public road easement providing Lot 1 with access to Hazeltine
Boulevard, which is expected to occur when Lot 2 is further subdivided into multiple lots.
7. Default. In the event Declarant or an owner of Lot 1 or Lot 2 shall fail to comply
with its obligations imposed upon them under this Declaration, including payment of their share
of costs for maintenance, repair and/or reconstruction of the roadway and utility improvements,
then Declarant or the non -defaulting owner may send written notice to the defaulting owner of
Lot 1 or Lot 2 setting forth the alleged default. If such default be the type which cannot be cured
within such time period, unless the defaulting owner shall have commenced and is exercising the
due diligence to cure the same, then the Declarant or non -defaulting owner may proceed to cure
such default. If the failure of the owners hereto to perform their obligations hereunder cause an
emergency, or a forfeiture of title, then the notice required to be given to such defaulting owner
hereunder may either be dispensed with, or need only be such reasonable notice, if any, as is
warranted by the nature of the specific condition involved and, if appropriate action is not timely
taken by the defaulting owner, the non -defaulting owner shall be entitled to immediately cure
such default without requirement of any further notice. In the event the non -defaulting owner
shall cure the default of the defaulting owner, the defaulting owner shall be obligated to
reimburse the non -defaulting owner for such costs and expenses of maintenance, repairs or
reconstruction, plus interest at the lesser of twelve percent (12%) per annum or the maximum
legal rate on demand, together with attorney's fees and other costs incurred in connection with
collecting the same.
8. Amendment to Easement. This Easement may only be modified or amended, in
whole or in part, with the written consent of all of the then owners of Lot 1 and Lot 2.
182689v2 2
9. Binding Effect. This Declaration shall run with the land and inure to the benefit
of and be binding upon the present and all future owners of Lot 1 and Lot 2, their respective
successors and assigns, and all tenants, employees, agents and invitees thereof.
10. Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
11. No Merger. The ownership, at any time during the Term of this Declaration, of
more than one Parcel by the same Owner or by an Owner and an affiliate entity of such Owner,
shall not create a merger of title, estate, or other merger, including any merger of the dominant
and servient estate with respect to easements granted in this Declaration, and shall therefore not
terminate any of the easements, covenants, or other terms or provisions of this Declaration as
they apply to the Parcels, and all such easements, covenants, and other terms and provisions shall
remain in full force and effect during the Term of this Declaration, regardless of any of the
aforesaid common ownerships of any Parcels now or thereafter existing.
IN WITNESS WHEREOF, the undersigned Declarant has caused this Easement to be
executed the day and year first above written.
DECLARANT:
STEVENS INVESTMENTS, LLC
im
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Its:
The foregoing instrument was acknowledged before me this day of
2015, by the
of Stevens Investments, LLC, a Minnesota limited liability
company, on behalf of said company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center 1
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-50000
cjh
182689v2
EXHIBIT A
TO
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
An easement for access purposes over and across that part of Lot 2, Block 1, BEEHIVE
HOMES 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota,
which lies within the circumference of a circle having a radius of 45.00 feet. The center of
said circle being the most easterly corner of said Lot 2.
182689v2 4
EXHIBIT B TO
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
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182689v2 5
MORTGAGE HOLDER CONSENT
TO
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
a ,
which holds a mortgage on all or part of the property more particularly described in the
foregoing Declaration of Temporary Private Access Easement, which mortgage is dated
, and recorded , as Document No. with
the office of the County Recorder/Registrar for Carver County, Minnesota, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consent, and is subject to the foregoing Easement.
By:
Its
And
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
[print name]
[print name]
The foregoing instrument was acknowledged before me this day of
2013, by and respectively the
and of
a , on behalf of said
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center 1
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-50000
182689v2 6
CONSENT TO FILE PLAT
DATE:
First Minnetonka Citv Bank, a Minnesota banking corporation HOLDER OF CERTAIN MORTGAGE
DATED November 30, 2012 AND FILED FOR RECORD December 3, 2012 AS DOCUMENT NUMBER
A566837, MORTGAGE DATED Feb] Haiv 5, 2013 AND FILED FOR RECORD February 20, 2013 AS
DOCUMENT NUMBER A571935 IN THE OFFICE OF THE COUNTY RECORDER OF CARVER
COUNTY, MINNESOTA, HEREBY CONSENTS TO THE DEDICATIONS IN AND THE FILING OF
THAT CERTAIN PLAT OF BEEHIVE HOME 2ND ADDITION, DESCRIBED AS FOLLOWS:
Lot 1, Block 1, BEEHIVE HOME, Carver County, Minnesota
AND
Beginning at the northeast corner of Southeast Quarter of Northeast Quarter of Section 4, in
Township 116, Range 23 West, thence running west 40 rods; thence south 24 rods; thence east
40 rods; thence 24 rods to the place of beginning. AND Beginning at northwest corner of
Southwest Quarter of Northwest Quarter of Section 3 in Township 116, Range 23; thence running
east 139 feet to the centerline of the Excelsior and Chaska road; thence southwesterly along the
centerline of said road 267 feet to the West line of said Section 3; thence north along said section
line 220 feet to the place of beginning.
Beginning at a point in the south line of the Northwest Quarter of the Northwest Quarter of
Section 3, Township 116, Range 23, where said line intersects the Excelsior and Chaska Road;
thence westerly along said line and along the south line of the Northeast Quarter of the Northeast
Quarter of Section 4 in said Township and Range to the southwest corner of the East Half of the
Northeast Quarter of the Northeast Quarter of said Section 4; thence north at right angles 30 feet;
thence east in a line parallel with the said South line as heretofore described to the point of
intersection with said Excelsior and Chaska Road above mentioned; thence along said road to
point of beginning.
First Minnetonka City Bank, a Minnesota banking corporation hereby consents to the filing of the plat of
BEEHIVE HOME 2ND ADDITION in the Office of the Carver County Recorder.
BY
Its
BY
Its
STATE OF MINNESOTA
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
BY AND ,THE
of First Minnetonka City Bank, a
Minnesota banking corporation
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
Melcherl Hubert Sjodin. PLLP
121 N'. Main Street. Ste. 200
Waconia. MN 55387
BWS:bmr
CONSENT TO FILE PLAT
DATE:
U.S. Small Business Administration. HOLDER OF CERTAIN MORTGAGE DATED April 29, 2014
AND FILED FOR RECORD May 6. 2014 AS DOCUMENT NUMBER A593552, PER ASSIGNMENT
OF MORTGAGE DATED April 29. 2014; filed May 6, 2014 as Document No. A593554 IN THE OFFICE
OF THE COUNTY RECORDER OF CARVER COUNTY, MINNESOTA, HEREBY CONSENTS TO
THE DEDICATIONS IN AND THE FILING OF THAT CERTAIN PLAT OF BEEHIVE HOME 2ND
ADDITION, DESCRIBED AS FOLLOWS:
Lot 1, Block 1, BEEHIVE HOME, Carver County, Minnesota
AND
Beginning at the northeast corner of Southeast Quarter of Northeast Quarter of Section 4, in
Township 116, Range 23 West, thence running west 40 rods; thence south 24 rods; thence east
40 rods; thence 24 rods to the place of beginning. AND Beginning at northwest corner of
Southwest Quarter of Northwest Quarter of Section 3 in Township 116, Range 23; thence running
east 139 feet to the centerline of the Excelsior and Chaska road; thence southwesterly along the
centerline of said road 267 feet to the West line of said Section 3; thence north along said section
line 220 feet to the place of beginning.
Beginning at a point in the south line of the Northwest Quarter of the Northwest Quarter of
Section 3, Township 116, Range 23, where said line intersects the Excelsior and Chaska Road;
thence westerly along said line and along the south line of the Northeast Quarter of the Northeast
Quarter of Section 4 in said Township and Range to the southwest corner of the East Half of the
Northeast Quarter of the Northeast Quarter of said Section 4; thence north at right angles 30 feet,
thence east in a line parallel with the said South line as heretofore described to the point of
intersection with said Excelsior and Chaska Road above mentioned, thence along said road to
point of beginning.
U.S. Small Business Adminstration hereby consents to the filing of the plat of BEEHIVE HOME 2ND
ADDITION in the Office of the Carver County Recorder.
BY
Its
BY
Its
STATE OF MINNESOTA
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
BY AND ,THE
AND
Administration.
THIS INSTRUMENT WAS DRAFTED BY:
Melchert I-lubert Sjodin. PL.LP
121 W. Main Street. Ste. 200
Waconia. MN 55387
B W S:bmr
of U.S. Small Business
NOTARY PUBLIC
CONSENT TO FILE PLAT
DATE:
Twin Cities -Metro Certified Development Company, a Minnesota non-profit corporation HOLDER OF
CERTAIN MORTGAGE DATED April 29, 2014 AND FILED FOR RECORD May 6, 2014 AS
DOCUMENT NUMBER A593552. PER ASSIGNMENT OF THIRD PARTY LENDER AGREEMENT
DATED April 25. 2014i tiled May 6. 2014 as Document No. A593558 IN THE OFFICE OF THE
COUNTY RECORDER OF CARVER COUNTY, MINNESOTA, HEREBY CONSENTS TO THE
DEDICATIONS IN AND THE FILING OF THAT CERTAIN PLAT OF BEEHIVE HOME 2ND
ADDITION, DESCRIBED AS FOLLOWS:
Lot 1, Block 1, BEEHIVE HOME, Carver County, Minnesota
AND
Beginning at the northeast corner of Southeast Quarter of Northeast Quarter of Section 4, in
Township 116, Range 23 West, thence running west 40 rods; thence south 24 rods; thence east
40 rods; thence 24 rods to the place of beginning. AND Beginning at northwest corner of
Southwest Quarter of Northwest Quarter of Section 3 in Township 116, Range 23; thence running
east 139 feet to the centerline of the Excelsior and Chaska road; thence southwesterly along the
centerline of said road 267 feet to the West line of said Section 3; thence north along said section
line 220 feet to the place of beginning.
AND
Beginning at a point in the south line of the Northwest Quarter of the Northwest Quarter of
Section 3, Township 116, Range 23, where said line intersects the Excelsior and Chaska Road;
thence westerly along said line and along the south line of the Northeast Quarter of the Northeast
Quarter of Section 4 in said Township and Range to the southwest corner of the East Half of the
Northeast Quarter of the Northeast Quarter of said Section 4; thence north at right angles 30 feet;
thence east in a line parallel with the said South line as heretofore described to the point of
intersection with said Excelsior and Chaska Road above mentioned; thence along said road to
point of beginning.
Twin Cities -Metro Certified Development Company, a Minnesota non-profit corporation, hereby consents
to the filing of the plat of BEt[H I VE HOME 2ND ADDITION in the Office of the Carver County
Recorder.
BY
Its
BY
Its
STATE OF MINNESOTA
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
BY AND ,THE
AND of Twin Cities -Metro Certified
Development Company, a Minnesota non-profit corporation.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
Melchen Hubert Sjodin. PLLP
121 W. Main Street. Ste. 200
Waconia. MN 55387
B W S:bnrr
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2015-10
SPECIAL PROVISIONS
THIS AGREEMENT ("Site Plan Agreement") dated June 8, 2015, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and STEVENS
INVESTMENTS, LLC, a Limited Liability Corporation (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan consisting of a 10,700 square -foot addition to a continuing care retirement facility,
Planning Case 2015-10 for BeeHive Home (referred to in this Site Plan Agreement as the
'Project"). The land is legally described as follows:
Lot 1, Block 1, BeeHive Home 2"d Addition, according to the recorded plat
thereof, Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes 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: (C 1) Title Sheet dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan B: (C2) Existing Conditions Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan C: (0) Site Plan Information dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan D: (C4) Proposed Drainage Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
SP -1
Plan E: (C5) Erosion and Sediment Control Details Plan dated received April 17, 2015, prepared by
James R. Hill, Inc. Planners/Engineers/Surveyors.
Plan F: (C6) Final Erosion and Sediment Control Details dated received April 17, 2015, prepared by
James R. Hill, Inc. Planners/Engineers/Surveyors.
Plan G: (C7) Final Grading & Drainage Plan dated received April 17, 2015, prepared by James R. Hill,
Inc. Planners/Engineers/Surveyors.
Plan H: (C8) Final Tree Preservation Plan dated received April 17, 2015, prepared by James R. Hill,
Inc. Planners/Engineers/Surveyors.
Plan 1: (C9) Final Utility Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan J: (C 10) Final Paving & Dimensioning Plan dated received April 17, 2015, prepared by James R.
Hill, Inc. Planners/Engineers/Surveyors.
Plan K: (C 11) Details received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan L: (LSCAPE) Final Landscape Plan received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan M: (LP) Photometric Lighting Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan N: (Al) Title Page Site Plan dated received April 17, 2015, prepared by Sharratt Design Company.
Plan O: (A2) Main Level Plan dated received April 17, 2015, prepared by Sharratt Design Company.
Plan P: (A3) Proposed Elevations dated received April 1, 2015, prepared by Sharratt Design
Company.
Plan Q: Final Plat Title Sheet dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan R: Final Plat dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 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.
SP -2
5. Security. To guarantee compliance with the terns of this Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") in the amount of $158,238.54. This amount has been calculated at a rate of 110% of
the actual value of improvement (landscaping, erosion control, utility extension, etc.). The City
will release the security posted in accordance with the City Code.
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 registered
mail at the following address:
Tyler Stevens
6505 Fox Hollow Court
Chanhassen, MN 55317
Phone: 612-770-7611
tyler.stevens na,encorecare. com
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.
7. Other Special Conditions. On June 8, 2015, the City Council adopted the
following motion:
"The City Council approves the site plan consisting of a 10,700 square -foot addition to a
continuing care retirement facility, Planning Case 2015-10 for BeeHive Homes as shown in plans
dated received April 17, 2015, and including the attached Findings of Fact and Recommendation,
subject to the following conditions:
Planning Conditions:
1. The existing monument sign shall be moved to the new access into the site to clearly define the
access for emergency vehicles.
2. Approval of the site plan is contingent upon approval of the rezoning, subdivision and vacation
of drainage and utility easement.
3. All rooftop equipment must be screened.
Building Official Conditions:
1. The building plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A "Code Record" is required (Code Record schematic plans maybe same scale as
architectural). For "Code Record" information go to MN Dept. of Labor and hidustry:
bgp://www.dli.mn.gov/CCLD/PlanConstruction.aW
SP -3
2. Retaining walls in excess of 48 inches in height must be designed by a professional structural
engineer licensed in the state of Minnesota.
3. A demolition permit is required for removal of any existing structures.
4. The buildings must be protected with automatic fire sprinkler systems.
5. An accessible route must be provided to buildings, parking facilities, public transportation stops
and all common -use facilities.
6. All parking areas, including parking garages, must be provided with accessible parking spaces
dispersed among the various building entrances.
7. Accessible units must be provided in accordance with Minnesota State Building Code Chapter
1341.
8. The building owner and/or their representatives should meet with the Inspections Division to
discuss plan review and permit procedures. In particular, occupancy group, type of construction
and allowable area issues must be addressed.
Fire Marshal Conditions:
1. "No Parking Fire Lane" signs and yellow -painted curb will be required on the new driveway.
Only one side of the driveway will be posted "No Parking." Contact the Chanhassen Fire
Marshal for exact locations.
Engineering Conditions:
1. A stable conveyance must be provided to the west on the drainage plan.
2. The applicant is required to meet a water quality volume of one (1) inch runoff from all new
impervious surface or demonstrate why this volume cannot be met.
3. The applicant must provide a water quality model, as required by Section 19-144 of the city
code, showing that there is a 60% reduction in TP and 90% reduction in TSS as required by
city code and the NPDES permits. Demonstration of 1" abstraction will be considered
equivalent treatment.
4. The plan set shall include a detail specific to the bioretention feature which is consistent with
the MN Stormwater Manual.
5. Plugs and live plants shall be used in lieu of seed and a planting schedule and maintenance
plan shall be developed and submitted for city approvals and record retention for both
bioretention features.
SP -4
6. The applicant shall prepare and submit to the City for approval a Surface Water Pollution
Prevention Plan (SWPPP) consistent with the NPDES Construction Permit which shall
contain all required elements as listed in Parts III and 1V of the permit.
7. The plans shall indicate that six (6) inches of topsoil are to be placed on all disturbed areas to
be vegetated and a stockpile area shall be indicated on the plan set.
8. A final stabilization plan shall be prepared for the site.
9. The plans shall show locations proposed for stockpile areas.
10. A soils report shall be submitted to staff indicating soil conditions and permeability if
infiltration is to be used.
11. The grading plans must be revised to show the first floor elevations of adjacent lots.
12. Spot elevations must also be shown to illustrate the drainage pattern near the existing home's
driveway.
13. The proposed grades on the site shall be no greater than 3:1.
14. The engineer shall coordinate with MnDOT and incorporate their comments.
15. The radius of the driveway curves must be shown on the plan set.
16. The trail width shall be labeled on the plan set.
17. The plan shall be revised to reconstruct the trail further north to create a better connection.
18. The new addition is subject to sanitary sewer and water hookup charges. These charges are
based on the number of SAC units assigned by the Met Council and are due at the time of
building permit issuance.
19. The developer's engineer must incorporate the latest edition of Chanhassen Standard
Specifications and Detail Plates into the plan set.
20. The applicant must work with a qualified designer and contractor to design a system to
capture and abstract a volume of runoff equivalent to one inch (1") from the new roof area.
This system must be reviewed, approved and installed prior to the issuance of the certificate
of occupancy.
Environmental Resource Conditions:
1. Install tree protection fencing around all preserved trees shown on grading plans. The
fencing shall be installed prior to any construction activity and remain until site construction
is completed.
d
Site plantings shall be increased to meet minimum bufferyard requirements. Plantings shall
be located so as to soften direct views in areas where the proposed building is closest to
property lines.
Bufferyard plantings shall be located on the west side of the entryway drive rather than on the
east as proposed.
4. A revised landscape plan shall be submitted to the city showing proposed plantings adjacent
to the entire parking area that limit direct views of the pavement and the vehicles."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "A" and incorporated herein.
13
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
BY:
Denny LaAjjl—
',Xodd
enburger, ayor
AND: yrs QGerhardt, City Manager
The foregoing instrument was acknowledged before me thin/. -day of '2015,
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.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
SP -7
OTAR UBLIC
STEVENS INVESTMENTS, LLC
BY:
er Stevens, Chief Executive Officer
STATE OF MINNESOTA )
( ss
COUNTY OF Z )
The foregoing instrument was acknowledged before me this day of
2015, by Tyler Stevens, Chief Executive Officer of Stevens Investments, LLC.
TARY PUBLIC
DAVNMIDOLETON
NOWH PIIBIJC•A�mNE9091
Yr001YIB&OMF1�9I�pAll�lO
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
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 12015.
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
SP -9
NOTARY PUBLIC
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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) Site Plan 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
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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, Plans E and F, 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 blowing materials, 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 C,
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 City shall retain $3,180.00
GC -1
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
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 attomeys' 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 plat 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 Site Plan Agreement
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.
GC -2
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 Site Plan Agreement.
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 pennanent 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 Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
1. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 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
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and cormnissions;
GC -3
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and coimnissions.
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 Site Plan Agreement.
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.
GC -4
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