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Site Plan Agreement Recording Transmittal CK 09-24-2015CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/24/15 2015-09 ATTENTION Jean Olson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/26/15 15-09 Children's Learning Adventure Site Plan Agreement 2015-09 ❑ FORBIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Mike Clements/Dan Petersen, CLA Chanhassen, LLC If enclosures are not as noted, kindly notify us at once. copies for distribution corrected prints 1107 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 famish 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, Inc., dated 3/20/15. Plan E: Details I Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15. Plan F: Details R Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15. Plan G: Details III Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15. Plan H: Tree Survey Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15. Plan L• 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. Plan P: 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 $256,000.00 (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. En¢ineerine 1. The proposed access and tum 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 78`h 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 1. 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 construction 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 45300. 14. City Detail #5301 shall be used for the rock construction entrance. 15. Final stabilization methodologies shall be included as part of the overall S WPPP. 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 i Denny j*fenburget/, Mayor AND: ` 4 J / Todd Gerhardt, City Manager DEVELOPER: an Arizona limited liability company By: Children's Learning Adventure of Minnesota, LLC, an Arizona limited liability company, its: Sole Member By: Children's Learning Adventure USA, LLC, an Arizona limited liability company By: Nai Its: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this.34day of+ u+ 201 - 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. , ) C—\ Q I I STATE OF ARIZONA ) (ss. COUNTY OF MARICOPA ) KAREN J. ENGELHARDT Notary Public -Minnesota LY Canmleabn E�Irac Jan 31.2020 The foregoing instrument was acknowledged before me this 0202 day of 2045 by�e, / S 'sVd4Ct, the y7llvi a..uror yyLen2lLo� of CLA Chanhassen, LLC. na NOTARY PUBLIC AOLM. a W PWft -Adt w Au 1. M7 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 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. X 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. Recordine. 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 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 firmish 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. 11 EXHIBIT B LEGAL DESCRIPTION Parcel A: Thot part of the Southwest Quarter of the Southwest Quorum of Swathe 10, Township 116, Range 23 and the Northwest Ouoder of the Northwest Quests, of Section 15, Township 116, Range 23. Carver County Mlnxaota, desMbed as follows Beginning at the Southwest comer of said Section 10; thence an an assumed bearing of North 1 degree. 56 minutes 40 seconds West clang the West line of said Southwest Quarter, a distance of 1,023.08 feet, to a. point on sold Wast the distant 1668,08 feet South of the West Quarter comm of said Section 10; thence South 79 degrees 32 minutes 20 ...do East, a distance of 777 17feet; then.. South 88 degreea 32 minutes 20 second, East, a distance of 100.40 feet; thence South 78 degrees 32 minutes 20 seconds Esat . distance of 194.14 feet; thence South 74 degrees 32 minutes 20 smende East, a distance of 150.00 fort; thence South 47 dogma 17 minutes 20 ..do East, a alliance of 75.43 fest: thence North 82 dogma 42 minute. 40 second. East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconde East a distance of 84.58 feet; thence South 89 degrees 17 minutes 20 second. East a distance of 163.25 feet; thence South 18 dogma 17 minutes 40 amends Wedt a distance of 820.19 feet IIdlat the Northerly right of way line of Trunk Highway 5; thence North 85 dogma 54 minute. SO antle West along acid Northerly right of way, a distance of 33.08 feeq thence South 56 reej 40 minutes S5 seconds West along said Ngrthmly right of way, a dietanm of 158.95 I; g'ence North 85 degrees 54 minutes 50 seconds West along Northerly right of way. a ar{cf 518.22 fast to the Wet line of the Northwest Cum ter of Section 15, Township 116, 23. thence North 1 degree 37 minutes 50 second. West along void West line of the st westWader, a distnce of 9.12 fast to the paint of beginning. In Ilea Northwesterly of that particular Northwesterly right-of-way line of Parcel 215, as 'lWn an MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, der as Document No. 285755 and as amended an MINNESOTA DEPARTMENT OF ANSPORTATION RIGHT OF WAY PUT NO. 10-14, recorded as Document No. 279658, described s follows mmencing at the Southwest corner of said Section 10; thence an an assumed bearing of cath 1 degree 56 minute. 40 amends West, along the West line of no Southwest Quarter of :mid Sweden 10, a distance of 401.19 fest, to a Particular right-of-way line of acid Parcel 216 an the point of beginning of the line to be desarlbed; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet. to an angio point in said right-of-way Hue; thence North 47 dogma 18 minutes 19 secmde East a distance of 2271 fest, to a point of denture In mid right-of-way line, thence Easterly a distance 66260 feet, .tang a non-talgentld curve condo. to the South having a "Clue of 633.04 fest and a central angle of 59 degrees 58 { minutes 14 secords and having a chard of 63276 feet whish bears North 77 degrees 17 ' minutes 27 scan" Eawt to an angle point in said right-of-way Ilne; then" North 56 degrees 16 minutes 30 ascan" Ear, not tangent to mid curve a distance of 114.28 last to an angle point N mid right-of-way line, than" North 22 degrees 13 minutes 10 mamas East, along mid right-of-way, line. a distance of 116.13 feet and ,aid line there terminating. ileo AND w Parcel & 4-960.3 The part of the Southwest Warton of no Southwest Quarter of Section 10, Township 115, Range 23 and the Northwest Quarter of the Northwest Quarter of Section 15, Township 116. ias, Range 23, Carver County, Minnesota, demribed are follows: Beginningg at the Southwest comm of mid Seuion tit thence on an assumed bearing of North 1 degree 56 minutes 40 seconds West along the West line of mid Southwest Quarter, a distance of 1,023.08 feet, to a point an said West line distant 1668,88 feet South of the West Quarter tomo of mid Seotion 10; thence South 79 degrees 32 minutes 20 second. East, a distance of 177.77 feet; thence South 06 degrees 32 minutes 20 amonde East, a dlataxe of 100.40 feet; thence South 78 degrees 32 minutes 20 second. East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 mconds East, a distance of 150.00 feet; thence South 47 dogma .. w.N7 minutes 20 mounds East a distance of 7543 faeN thane. Nndh An e.,..... as to the Northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes SO aecanda West along said Northerly rght of way, o distance of 33.08 fast; thence South 56 dogmas 40 minute. 55 ....do Wes al"g sold NorthMy right of my, a distance of 15495 fast; then.. North 85 degrees 54 minutes 50 mconde West along mid Township 118, Horne lyy right of way, a distance of 518.22 feet to the West line of the Northwest Warton of Section 15, T Rouge 23: thence North 1 degree 37 minutes 50 mcande West along mid West T n the N west Oumte, a distance of 9.12 fast to the point of beginning. EXCEPT that part of the above d.lbod property which Ila. Northwesterly of not particular ...Northwesterly right-of-way line of Parcel 218, as shown an MINNESOTA DEPARTMENT OF TRANSPORTATION MONT OF WAY PUT NO. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PUT NO. 10-14, recorded m Document N. 279658, aaecNbed . follows Commencing at the Southwest comm of said Section 10; thence on an assumed (rearing of Nora, i degree 56 minute. 40 eseands Wmt, along the West line of the Southwest Quarte of sold Section 10. a distance of 401.19 fool, to a partkvlor right-of-wey line of sold Parcel 216 and tha point of beginning of the line to be de.aAed; thence North 47 degrees 18 minutes 16 second. East o distance of 17514 feet to an ana point In min right -cf -way flow, thence North 47 degrees 18 minutes 19 .monde East a of 2271 feel, to a Point of curvature I. mid rlght-cf-way line; thence Easteryy o distance of 662.60 feel, along a non-tangential cone condo. to the South having a radMs of 833.04 feet and a central angle of 59 dogma SS minutes 14 demands and having a "ore of 63276 feet which tome North 77 degrees 17 minutes 27 second& East to an angle point In mid right-of-way gra, thence North 56 degreea 16 minutes 30 lemmas East, not tangent to said curve a distance of 114.28 feet. to an angle point In mid right -o my tin% thence North 22 dogma 13 minutes 10 amonda East, along mid right-of-way Ime, a diet... of 116.13 feet and said line Mare terminating. AND EXCEPT said Fewest 216. Carver County, Mirmsotl Ab&troet Property 12 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 20 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by of DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 13 the 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 20_, by the of DRAFPED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Ml day of NOTARY PUBLIC