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