Site Plan Agreement RECORDEDCAMPBELL KNUTSON
November 12, 2015
Mr. Bob Generous, Senior Planner
City of Chanhassen CITYBFCHANHASSE�f
7700 Market Boulevard RECEIVED
P.O. Box 147 NOV 16 2015
Chanhassen, MN 55317
CHANHAS$EN BANNING 9€PY
Re: CLA Chanhassen, LLC
Dear Mr. Generous:
Please find enclosed, for the City's files, the recorded Site Plan Agreement #2015-09
with Children's Learning Adventure. Said document was recorded October 13, 2015 as
document number A618011.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Jean -M. Olson, Legal Assistant
/j M0
Enclosures
184410
Document No. A618011
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -October 13, 2015 3:03 PM
Fee: $46.00
VIII VIII III III III
618011County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2015-09
CHILDREN'S LEARNING ADVENTURE
SPECIAL PROVISIONS
AGREEMENT dated May 26, 2015, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and CLA Chanhassen, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 33,032 square -foot, one-story childcare building with outdoor play areas and equipment
(referred to in this Agreement as the "project"). The land is legally described as shown in Exhibit B
attached.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement, 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, hic., 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 II 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 I: Landscape Plan prepared by CEI Engineering Associates, Inc., dated 3/20/15 revised 4/6/15.
Plan J: Floor Plans prepared by CASCO, dated 3/18/15.
Plan K: Site Detail Plans prepared by CASCO, dated 3/18/15.
Plan L: Exterior Elevation Plans prepared by CASCO, dated 3/18/15.
Plan M: Site Line Study Plans prepared by CASCO, dated 3/18/15.
Plan N: Exterior Color Material Plan prepared by CASCO, dated 3/18/15.
Plan O: Photometric Plan prepared by CASCO, Job No. 915494, Sheets E0.1 and E0.2.
PlanP: Sign Plan prepared by Accent Sign & Awning, dated 1/29/15, revised 3/18/15 and 3/19/15.
4. Time of Performance. The Developer shall install all required screening and landscaping by
September 30, 2016. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Agreement, 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.
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 ing Bering
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 78h Street.
3. The applicant shall change the two proposed swamp white oaks along Highway 5 to an
understory species. The proposed Golden ash to be planted at the southeast corner of the
property shall be moved slightly north to further avoid the OHE line.
Fire Marshal
1. A three-foot clear space must be maintained around fire hydrants.
2. No burning permits will be issued for tree/brush removal.
"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.
Plannine
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
shall be stripped on the site and stockpiled with adequate erosion prevention and sediment
control practices. The plan shall indicate this requirement and demonstrate how this will be
accommodated.
4. Slopes immediately tributary to wetland shall be stabilized within 48 hours of cessation of
earthwork activities. The slope must be stabilized with a hydraulic erosion control product or
net-free biodegradable erosion control blanket.
5. Inlets with the potential to have sediment introduced as a result of import/export of materials
shall have inlet protection installed. Dandy bags are not an acceptable inlet protection
device. See City Detail 5302A.
6. Item B2 on Sheet C6 shall be changed to delete the 21-day requirement.
7. A note shall be included on Sheet C6 indicating that the bioretention areas must not be
graded to their final condition until the contributing watershed is stabilized.
8. Item E10 on Sheet C6 shall be changed to read "...due to construction equipment driving
across or materials being stockpiled in the infiltration area."
9. Quantities of BMP measures must be included. This shall include the volume of topsoil and
the quantity of seed required.
10. Because this site is tributary to an impaired water, the stabilization of all disturbed areas
draining to Bluff Creek must be initiated immediately but in no case later than 7 days. The
exception being those areas to be stabilized within 24 hours.
11. A note shall be included on Sheet C6 indicating that topsoil is to be stripped and stockpiled
onsite such that an adequate quantity exists to place six (6") inches over all disturbed areas to
be vegetated.
12. Include discussion of receiving water being Bluff Creek which is on the 303D list as
impaired for turbidity and fish indices of biological integrity.
13. Chanhassen requires that metal tee posts are used with erosion control fence. Wooden posts
are not allowed unless explicitly stated by the city. The plans shall use City Detail #5300.
14. City Detail #5301 shall be used for the rock construction entrance.
15. Final stabilization methodologies shall be included as part of the overall 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 Agreement are attached as Exhibit "A"
and incorporated herein.
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
yyam/�
BY: .44 i a
Denny L enburger`Mayoo/rc
AND:
dd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this61ay of641PL, 205 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. _
• l.Ct,t�
TARY LIC
(continued on following page)
T. MEUWISSEN
Notary Publlo-MinnsaMa
JMKIM
y Cd�wNpbn E1pUw.Nn 31,1
(continued from previous page)
DEVELOPER:
CLA CHANHASSEN, LLC
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, its: Sole Member
By:_
Name:
Its: M
STATE OF ARIZONA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this t�day of o4U y- ,
2015 by Richard J. Sodia, the Managing Member of Children's Learning Adventure USA, LLC, an
Arizona limited liability company, which is the sole member of Children's Learning Adventure of
Minnesota, LLC, an Arizona limited liability company, which is the sole member of CLA
Chanhassen, LLC, an Arizona limited liability company, on its behalf. _
NOTARY PUBLIC
MICHELE ROYCE
Notery PubW - Arizona
Merlcope County
• � • _ My Comm. Expires Apr 5. 2017
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
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) 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.
0
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
Agreement, 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 Agreement 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 Agreement.
D. Breach of Contract. Breach of the terms of this Agreement 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
Agreement 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 Agreement 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
10
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 ofthe 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 famish 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:
That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 23 and
the Northwest Quarter of the Northwest Quarter of Section 15, Township 116, Range 23, Carver County
Minnesota, described as follows:
Beginning at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree 56
minutes 40 seconds West along the West line of said Southwest Quarter, a distance of 1,023.08 feet, to a
point on said West line distant 1668.88 feet South of the West Quarter corner of said Section 10; thence
South 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence South 86 degrees 32
minutes 20 seconds East, a distance of 100.40 feet; thence South 78 degrees 32 minutes 20 seconds East,
a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet;
thence South 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42
minutes 40 seconds East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a
distance of 84.58 feet; thence South 89 degrees 17 minutes 20 seconds East, a distance of 163.25 feet;
thence South 18 degrees 17 minutes 40 seconds West, a distance of 820.19 feet to the Northerly right of
way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said Northerly
right of way, a distance of 33.08 feet; thence South 56 degrees 40 minutes 55 seconds West along said
Northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West
along Northerly right of way, a distance of 518.22 feet to the West line of the Northwest Quarter of
Section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said West
line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning.
Which lies Northwesterly of that particular Northwesterly right-of-way line of Parcel 216, as shown on
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, recorded
as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PLAT NO. 10-14, recorded as Document No. 279658, described as follows:
Commencing at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree
56 minutes 40 seconds West, along the West line of the Southwest Quarter of said Section 10, a distance
of 401.19 feet, to a particular right-of-way line of said Parcel 216 an the point of beginning of the line to
be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle
point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71
feet, to a point of curvature in said right-of-way line, thence Easterly a distance 662.60 feet, along a non-
tangential curve concave to the South having a radius of 633.04 feet and a central angle of 59 degrees 58
minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27
seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds
East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence
North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and
said line there terminating.
AND
12
Parcel B:
That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 23 and
the Northwest Quarter of the Northwest Quarter of Section 15, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree 56
minutes 40 seconds West along the West line of said Southwest Quarter, a distance of 1,023.08 feet, to a
point on said West line distant 1668.88 feet South of the West Quarter corner of said Section 10; thence
South 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence South 86 degrees 32
minutes 20 seconds East, a distance of 100.40 feet; thence South 78 degrees 32 minutes 20 seconds East,
a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet;
thence South 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42
minutes 40 seconds East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a
distance of 84.58 feet; thence South 89 degrees 17 minutes 20 seconds East, a distance of 163.25 feet;
thence South 18 degrees 17 minutes 40 seconds West, a distance of 820.19 feet to the Northerly right of
way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said Northerly
right of way, a distance of 33.08 feet; thence South 56 degrees 40 minutes 55 seconds West along said
Northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West
along said Northerly right of way, a distance of 518.22 feet to the West line of the Northwest Quarter of
Section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said West
line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning.
EXCEPT that part of the above described property which lies Northwesterly of that particular
Northwesterly right-of-way line of Parcel 216, as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, recorded as Document No. 265755 and as
amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-
14, recorded as Document No. 279658, described as follows:
Commencing at the Southwest comer of said Section 10; thence on an assumed bearing of North 1 degree
56 minutes 40 seconds West, along the West line of the Southwest Quarter of said Section 10, a distance
of 401.19 feet, to a particular right-of-way line of said Parcel 216 and the point of beginning of the line to
be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle
point in said right -of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71
feet, to a point of curvature in said right-of-way line; thence Easterly a distance of 662.60 feet, along a
non-tangential curve concave to the South having a radius of 633.04 feet and a central angle of 59 degrees
58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27
seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds
East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence
North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and
said line there terminating.
AND EXCEPT said Parcel 216.
Carver County, Minnesota
Abstract Property
13
FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT #2015-09
CHILDREN'S LEARNING ADVENTURE
ECE I, LLC, a Delaware limited liability company, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Site Plan Agreement #2015-09,
affirms and consents to the provisions thereof and agrees to be bound by the provisions as the
same may apply to that portion of the subject property owned by it.
Dated this l st day of D-cA, btg-, 2015
ECE I, LLC,
a Delaw��ite liability company
By:
Mli had L HIrM
Its Vim President
STATE OF i )
)SS.
COUNTY OF � SSM )
�
(�" The foregoing ins ent was acknowledged before me this day of
C?)bfx , 2015, b>y �, the of ECE I,
LLC, a Delaware limited liability company, on bel#f of said limited liability company.
Al dabL
LINDA J KANA TVaryfPublic
Notary Public, Notary Seal
State of Missouri
Jackson County
Commission # 15634039
My Commission Expires March 18, 2019
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
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