Resolution 2015-46 A616940Document No. A616940
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -September 22, 2015 3:57 PM
Fee: $46.00
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
John E Freemyer
County Recorder
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. 2015-46, "A Resolution Approving Amendments to Conditions of
Approval of a Metes and Bounds Subdivision Creating Two Parcels located at
2061 West 65' Street" dated July 27, 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 14th day of
August, 2015.
K en J. En el ardt, Dq6hty Clerk
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: _ July 27, 2015 RESOLUTION NO: 2015-46
MOTION BY: McDonald SECONDED BY: Campion
A RESOLUTION APPROVING AMENDMENTS TO CONDITIONS OF
APPROVAL OF A METES AND BOUNDS SUBDIVISION CREATING TWO PARCELS
LOCATED AT 2061 WEST 65TH STREET
WHEREAS, John J. and Kimberly E. Corey have requested a subdivision of the property
into two lots of 15,165 square feet and 15,159 square feet; and
WHEREAS, the Chanhassen City Council held a public hearing on November 24, 2014,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance
and approved Resolution No. 2014-78; and
WHEREAS, the Chanhassen City Council met on June 8, 2015, and found the plan
consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and approved
Resolution No. 2015-35; and
WHEREAS, one of the conditions of approval was that the applicant was required to
install the sewer and water service to the vacant property (Parcel 2) and submit a $10,000 escrow
to ensure that the work was complete and the street properly restored; and
WHEREAS, subsequent to the approval, the applicant requested this condition be
removed so that the person(s) purchasing and building on the property would be responsible for
the installation of the sewer and water service, including the necessary road repair to West 656,
Street.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby:
1. Rescinds resolutions 2014-78 and 2015-35.
2. Approves the following metes and bounds subdivision of 2061 West 65 rd Street (Planning
Case #2014-30) for property legally described as Lot 3, Block 2, Moline's Addition, Carver
County, Minnesota:
PROPOSED PAOPEBTY DESCRUvrXS
Parcel l
T wxst 97.50 feu of Lot 3, Hlork 2. MOLDWS AD iON, accmdwg to &e.cmw plat tbcmf, Caner CauurA4uGaeaoaa. togedff rriiH
career.. tar dradmge Rud UW4purposes ouetuodtr and amou the uonhetn• 10.00 fed, the MUdwrly 1000 feet: the esauri5. 500 fret. and tie
westerly 5.00 fed 16naf
Pared 2
Thm Put of Lol 3.9bck 2. MOLMS ADDMON, according to the recorded plat tharor. liner County Numesm %U& Lies tam of the alts!
97.50 fedtogedhe wit easemean fee dracupe andu50ty pmpo mwmade and moss the bondtd).1000 fed: the • 10 00 fat; t
easterly S 00 6K add the weaert). 5.00 fed thereon
3. Amends the conditions of approval to the metes and bounds subdivision for property located
at 2061 West 65' Street (legally described as Lot 3, Block 2, Moline's Addition, Carver
County, Minnesota) as follows:
a. Metes and bounds subdivision Parcel 1 and Parcel 2 with the following conditions:
Buildin¢
The existing structure on proposed Parcel 2 must be provided with sanitary sewer connection
— permit required.
2. Proposed Parcel 1 must be provided with separate sewer and water services (permit required)
before a building permit is issued.
Engmeering
The City Attorney shall draft and the developer shall execute a "Grant of Permanent
Easement for Public Drainage and Utility Purposes" document. This document shall be
recorded with the metes and bounds subdivision.
2. A roadway, drainage and utility easement must be dedicated over the portion of the existing
cul-de-sac within the property and 15 feet beyond the edge of the road. This easement shall
be recorded with the metes and bounds subdivision.
3. Prior to recording the subdivision the developer shall pay the $45 GIS fee: $25 (subdivision)
plus $10/parcel.
4. Sewer and water hookup charges are due for the new le Parcel 1, a portion of which shall be
collected before the metes and bounds subdivision is recorded: .
Water: 1 unit x $1,957/unit = $1,957
Sewer: 1 unit x $677/unit = $677
The remainder of the sewer and water hookup charges for Parcel 1 shall be collected with the
building permit.
If the final subdivision submittals are received after 2015; all fees shall be recalculated based
on the rates in effect at that time.
6. A plumbing permit is required for the private storm sewer; the plumbing inspector will
inspect the connection to the city storm sewer manhole.
7. On Parcel 1, the proposed home style as required by City Code Section 18-40 (4) 2 (iii) is a
slab -on -grade home. Based on Interstate Geotechnical Engineering's observations, the
groundwater elevation is 1.8 feet below the ground elevation of the soil boring. The
developer must verify the surface elevation of the boring location to determine the elevation
of the groundwater; the lowest floor must be minimum three feet above that elevation per
City Code Section 18-40 (4) 2 (i).
8. Before a building permit is issued for Parcel 1, the water service and sanitary sewer service
must be installed. The sanitary sewer is within West 656' Street, therefore installation of a
sanitary sewer service will require cutting into and patching the City street. A Work in Right
of Way permit must be obtained before installing the water and sanitary sewer service; an
escrow for street repair to ensure that the street is restored shall be part of the permit
requirements. The estimated cost of the street repair was $10,000 in 2014. The escrow
amount shall be adjusted according to the construction costs at the time the Work in Right of
Way permit is issued
9. Approval of the subdivision is contingent upon the applicant or property owner entering into
a development contract with the City.
10. Third Parties. Third parties shall have no recourse against the City under this Contract. The
City is not a guarantor of the Developer's obligations under this Contract. The City shall have
no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
11. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
12. 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.
13. Release. This Contract shall run with the land and may be recorded against the title to the
property. After the Developer has completed the work required of it under this Contract, at the
Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
14. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, expressed 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.
15. Assignability. The Developer may not assign this Contract without the written permission of
the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or both lots.
16. 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.
17. Soil Correction. The property owner or his/her contractor 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. On lots which have no fill material a soils report from a qualified soils engineer is
not required unless the City s building inspection department determines from observation that
there may be a soils problem. On lots with fill material that have been mass graded as part of a
multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be
provided before the City issues a building permit for the lot. On lots with fill material that have
been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided
before the City inspects the foundation for a building on the lot.
18. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate
of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a
Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -
built survey is completed. If the weather conditions at the time of the as -built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be
issued and the as -built escrow withheld until all work is complete.
Environmental Resource Specialist
1. Tree protection fencing will be required around any preserved trees. It shall be installed prior
to grading and located at the drip lines of the trees.
2. Landscaping shall be installed in accordance with City Code Section 18-61. Unless otherwise
approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2'/2) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). The lot purchaser shall sod the boulevard area and all drainage ways on each lot
utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit
shall be provided to the City. These conditions must then be complied with within two (2)
months after the certificate of occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be complied with by the
following July 1 st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee shall be returned. If the
requirements are not satisfied, the City may use the security to satisfy the requirements. The
El
City may also use the escrowed funds for maintenance of erosion control pursuant to City Code
Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These
requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
Parks
1. Park fees of $5,800.00 shall be paid for each new single-family lot prior to the recording of
the property deed.
Planning
1. Deeds shall be submitted to the city for review and recorded at Carver County for the two
parcels.
2. A building permit shall not be issued unless all soil corrections have been completed as
indicated in the attached exhibits titled "Subsurface Soil Investigation" dated October 25,
2014 and November 13, 2014.
Changes in Official Controls. For two (2) years from the date of this Contract, no amendments
to the City's Comprehensive Plan, except an amendment placing the plat in the current urban
service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to
in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Iron Monuments. Before the security for the completion of utilities is released, all monuments
must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
5. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable
without the need for variances from the City's ordinances.
6. CoMhhance with Laws, Ordinances and Regulations. In the development of the plat the
Developer shall comply with all laws, ordinances, and regulations of the following authorities:
a) City of Chanhassen;
b) State of Minnesota, its agencies, departments and commissions;
c) United States Army Corps of Engineers;
d) Watershed District(s);
e) Metropolitan Government, its agencies, departments and commissions.
5
Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to
the City that it has the authority of the fee owners and contract for deed purchasers to enter into
this Development Contract.
Water Resource Coordinator
1. Total surface water management fees due prior to recording the property deed are $1,914.55.
2. Erosion Control During Construction of a Dwelling or Other Building. Before a building
permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow
or letter of credit per lot shall also be finished to the City to guarantee compliance with City
Code § 7-22.
Passed and adopted by the Chanhassen City Council this 27' day of July, 2015.
ATTEST:
'6;� �A *
Todd Gerhardt, City Clerk/Manager
Denny L fenbur, er, Mayor
YES NO ABSENT
Laufenburger None
Campion
McDonald
Ryan
Tjomhom
Fl
None