Planned Residential Development Contract for Plat of Fox Chase 7-20-83
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CITY OF Cl-!ANHASSEN
PLAl1NED RESIDENTIAL DEVELOPMENT CONTRACT
PLAT OF FOX CHASE
DERRICK LAND COMPANY
. ~S GREEMENT, Made and enter-ed into this 2..() day of
::;r::c.A. , 1903, by and bu LWl.'VlI DEIUnCK LAND"COMPANY, a Minno-.
sota rporation, (hereinafter referred to as the Developer), and
the CITY OF CHANHASSEN. a Minnesclla municipal corporation (herein-
after referred to as the City);
WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. ~462.358 clnd oLlIer' iII)pJi(',d)I(~ sLid,e luws, and the Develop(~l'
in cons i de r'a ti on of the mu LUd 1 f 'OVC'I kllll!; ll(~ I"e i n conLl.j ned, rec'j Le
dnd dCJr'llu dS follow~.;:
SE:C'J'JON 1. 'WqUI':~;'1 ["Uti I'Ll\i I\I'I'!(UV/\L. '1'11(' UcveJoper has asked
'thecity to appr,()'v'e'-i~l-pTa'C t:;f" <mIl .(';wli<.;,Tby:
1.01.
De rTi ck Land C(J!lIf).lny, 1\ Ml nnesota Cor'poration, fee
OIr'nlE'r;
1,02.
Wi JIII<1 C
n)("lIp~;;(J11, Mor'L<J<J(Je':e.
To be known a~; F()x ('ll<!~" ; '.l. !;C) rcf.'r', vel to ii, Ulis Agreement as
the "PI at 11 . ) ::,IH'f\ hC'l i (l !, q'J ! l Y CltcSlT i bed dS shown on the attached
Exl'd.bit "A" whic.f,; ',,'J '.\'y !11,lii,. ,I fXH' 1 fH~J'eof.
SECTION 2.0
HEc': '!'/\L~.;.
Foy. Cll(J~;C' IJr'eL'innnur'y r)ev(~loprnent Plan and Prelimi--
;;_:.:I_'I;'j~-_r'T~d-n~ ....1T;~~_n-!)~.~V{?'r;-;i~.;~.r:-T;; the fee owner of a tract:
of )('llld lYing withIt! the City, as more particularly
descr':i.bed on Extli I)] t. "1\" d1. ti:lct](~cJ Ill.n'l.o dnd made a part hereof
(her'einClfLer' the "Sulllect PnJrwr I Y" '.JY '''Pldl''). The Developer has
hereLofor'(~ made apJi!I('dt..ion 1.0 Ull' (.,ly under' the City Zoning Ordi
nance f<)r. the dpprovdl of iJ P l'i,lltJll'ej Ht'!,;,idcntial District enCOIII..
pass i nq al I of U1E-' :.;ur.. I ('('I pr'UjWI i V
2.01.
SEe T 1 0 N.S .
CUNDiTiON:., OF f'L/\T /\I'PHUV/\L.
The (;1 Ly Ila~. appr.'o\led or' 'l!!l't'cd t.el dpprove the plat on concLi ...
tions (1) Thet the' Developel' enL, r I nLo this Development Contract,
(2) that the I}(}ve!uper rH'UVld(~ ,Ill lrn'vocilble letter of credit:,
ot' cash C!:;CI'OW (d~; '.pi fur.11! in S,Ttions 7.01,7.02,7.03 dnd B.l'~)
("Securj ty") I qUdl <1/11(>(' 1/111 j (le per'f onnance of the terrns of Lhj .:;
Developrneld. Contt'iwl. ,i/lei ! ,;(. CllliH'anteeing the payment .>f d'll con
structiotl ('o~:;t~; of 111'. I III! "'JUIIC.IlI. 1\ letter of credit IIliJY be suh
mitLed f.-)t. a on(:~ Yt.:'.jJ ''''! ;,)(\ ,,I t.ime ""lith the provision t:hdL it
shalJ he I ('l\('wed ,.It tile C'lld of the eleventh month for any iItlprc1v(
ments yet: to be sdtisLwl(111 Jy ('orn~)Jeted and accepted by the City.
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Failure to furnish a new letter of credit at least thirty (30) days
before the posted letter of credit lapses shall be deemed a condition
of default and the City may obtain all monies posted under the exis-
ting letter of credit.
3.01. Construction. Developer agrees at its expense to
construct, install, and perform all work and furnish all materials
and equipment in connection with the installation of the fo~lowing
public improvements (hereinafter the "Public Improvements"), in
accordance with the Plans and Specifications described in 113.02
below as modified by the Special Conditions set forth in Section
5 hereof:
a. Street grading, stablilizing, and bituminous surfabing
and wear surface
b. Surmountable conc.oLe curbs and gutters
c. SiULl tar'y SeWE~[' 1ll',Lns
d. Watenliains
e. Storm and surfaGe water dr'ainage and retention ponds
f. Street signs
g. Underground utility lines
h. Str'eet li.ghting ~'\
i. Grading including berm constructlon
3.02. FLnal Plans and Specifications. The Developer shall
p ['Ov i de -the C i ty'with -T:Cri.::;J~-'pra'ns -- an<T';::ipeciric a t ions, i nc 1 ud ing
a final grading plan, prepared by a registered professional engineer,
which plans and specificatIons shall be subject to the final review
and written approval of the C\ty Engineer. Substantial chang~s in
said plans and specifications shall be referred by the City Engineer
to the City Co~ncil for approval. Said plans and specifications
are hereby made a part of this agreement. Developer shall not make
or permit any changes, variations, omissions or additions to City
approved final plans and specifications without the written approval
of the City Engineer prior to any such change, variation, omission
or addition.
? o~s:. Standards of Construction. Developer agrees that
all of the public improvements shall be constructed and installed
in accordance with the aforesaid City approved plans and
spec i fica t ions, and that said impr'ov~n:I~n~s shall equal or exceed
City standards, and that all of said work shall be subject to the
inspection and approval of the City Engineer.
3.04. Materials and Labor. All of the materials to be
employed in the'-maklng of said'-publ ic improvements and all of the
work performed in connection therewith shall be of uniformly good
and worlunanlike quality. In case any material or labor supplied
shall be rejected by the City as defective or unsuitable, then such
rejected material shall be removed and replaced with approved
material, and rejected labor shall be done anew to the satisfaction
and approval of the City at the cost and expense of the Developer.
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3.05. Staking, Surveying and Inspection. It is agreed
that the Developer, through his engineer, shall provide for all
staking, surveying and resident inspection for the above described
improvements in order to ensure that the completed improvements
conform to the approved plans and specifications. The City will
provide for general inspection and shall be, notified of all tests
to be performed. It is agreed that the estimated cost of such
improvements, including reasonable charges of the City for legal,
planning, engineering services, including inspection, supervision
and administration costs, shall be included in the total cost of
all improvements for purposes of computing the amount of the financial
security to be furnished to the City by the Developer pursuant to
the terms of this agreement.
3.06.
Comp let i on Da t e .._~ nd__:?~_~~..9~-:l~__~~~~E~.:
H. It lH iHJt'ued by Lllu Uuve Loper' 1.11,1 L Uw cun~i1,r'uc I. I 011
of LllU public dlld pl'/v,III' iIIIfJl'()VCni('III.:,i ,';11<111 l'(llllnllll!'(! wlUdll
two (2) year's of thl~ ftJltlq ol the findl pIdt at Lhe Cat'vet'
CounLy Cour'thouu(;~ and Lhat all public iIllPI'OVl!III(!rll,~: shall bl~
completed withiri two (2) years of said plat filiny.
b. The Developer or hi.s engineer shall schedule a pre-
ccnstruction meeting at a mutually agreeable time and place
with all parties concerned including the City staff to review
the program for the construction work. Upon co~pletion of sewer
and water lines shall be tested in accordance with the testing
procedures that are required by the City Engineer. Within thirty
('30) days after completic;;m of the improvements, the Developer
shall supply the City with d complete set of "I\s Built" plans.
c. Final approval and acceptance of the project shall
take the form of a Resolution duly passed by the City Council,
on the advice of the City Engineer. Final approval and accep-
tance shall be granted upon the City Engineer's satisfaction
pursuant to SectIon 3,08 and shall be conditioned upon the
one year guararltee of work and guarantee bond set forth in
Section 3.15 hereof.
3.01. Claims for Work. The Developer shall not do any
work (;'r~-..{l~u'nish--any rna terials not cover'ed by the plans and specifica-
ti ons and special condt lIons of thisaqr,eernent, for which reimburse-
ment is expected from the City, unless such work is first ordered
in writing by the City Engineer as provided in the specifications.
Any such work or materials which may be done or fur-
nished by the contractor, without such written order first being
given shall be at his own risk, cost and expense, and he hel'eby
agrees that without such written order he will make no claim for
compensation for work or materials so done or furnished.
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3.08. Final Inspection. Upon completion of all the work
required by the City Engineer, a representative of the contractor,
and a representative of the Developer's engineer will make a final
inspection of the work. Before final payment is made to the contrac-
tor by the Developer, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the approved
plans and specifications; and the Developer's engineer shall submit
a written statement attesting to same.
3.09. City Disclaimer. It is agreed anything to the con-
trary herein notwithstanding~ that except for its or their negligence
or malfeasance, the City of Chanhassen, the City Council and their
agents or employees shall not be personally liable or responsible
in any manner to the Developer, the Devolopor"s contractor or sub
contriictor', mater'iul men, labor'er's or' any other' per'son or' per'son::;
Whollli.;oever', for' any eldilll, c!ollldncl, ddlll,\q"~;, dcl,i(Hl~; ClI' ('d\l~;(':; or
deLlon of dllY k1.nu or' c11dl',l(:l.cr' ',H'luilllJ UIIL ul ut,' liY l'\:d~,jUt\ 01 LlII:
uxecuLlon of this dCJI'l~()IlIUnL (H' 1111' IH'r'Jor'l1IdIIC\' .11111 1'(IIIIIII,.l,ioll (il
Lhe wur'k <HILi the lmfJr'ovemenl:s pr'ovidud l\e~I"e_in, cHid Lhdt the Develope:r'
sha 11 save .t.he Ci ty harmless frolll all such cldi.ms, demcu1ds, damages,
actions or causes of actions or the costs dishursements, and experises
of defendirlC] the Sdllle, !..specifi.cdLly lncludirH], wiLhc)uL Jt\tending
to .1 imi t the ca tegor'i.es of said CO:3ts, cost and expen~:ies for Ci ty
administrative time and labor, costs of consulting engineering ser-
vices and costs of legal services rendered in connection with defen-
ding such claims as may be brought against the City.
3. 1 (~ Erosion Control'. Developer'l. at its expense, shall
provide temporary and permanent darns, earthwbrk, retention and sedi-
mentatiofl basins, and such other practices including seeding of
graded al'eas I as shall be needed in the judgment of the City Engi-
neer, the Riley Purgatory Creek Watershed District, the U.S. Corps
of Engineers, and the Department of Natural Resources, to prevent
the washing, flooding, sedimentation and erosion of lands and road
within and outside the plat during all phases of construction, inclu-
ding construction orl Individual lots. Additionally, the Developer
shall crunply with all conditions of the grading and land alteration
per/nits from the Riley Purgatory Creek Watershed District, the U.S.
Corps of Engineers, the Department of Natural Resources approval
and all of the recommendations of the U.S. Soil Conservation Service
HI its reports to the extent consisten(:;'~with the requirements of
other regulatory agencies. The following minimum restoration require-
ments shall be met. The City Eng.ineer shall determine if arry other
agency requi reme.nts are morf: explicit or restrictive; and may , at
his discretion require that those conditions be met in lieu of any
or all of the following. a) All areas disturbed by the excavation
and backfilling operation~ shall be reseeded forthwith after the
completion of the work in that area. b) Seed shall be rye grass
or other fast growing seed to pr'ovide a temporary ground cover as
rapidly as possible. c) All seeded ~reas shall~e mulched as neces-
, f'
sary for' seed retention. ' '
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A plan consolidating all applicable conditions concernjng consLruc~
tion grading and drainage shall be submitted to and approved by
the City Engineer prior to commencement of any work.
3.11. Street Lightinq. The expense of furnishing electrical
energy for street lighting purposes shall be assumed by the City
twenty-four (24) months after completion of installation of the
street ligh'l.:ing system, or after fifty percent (50%) of the buildirlfl
101:8 have been impr'oved by the con~cil;nAcLion of r'esl(h~nces .ther'coe,
whichever is first to occur.
~12. Conveyanc~ of Lmprovernents. Upon cOlIlpleU.on of the
installation by Developer of the improvements set forth in '-13.01
her'cof i.n dccordanc(~ w l th Ul(~ pi dt\S dnd ~:;P(~C i fic,1I. ion~; 1\(~r'c~und('I'
dnd UIC' wr'itten appr'ovdl hy UH.' CILy it not pn~violl~>ly dedicdl.('d
ill Ull' I ill,d 1'1,,1.. 1I"VI'lopl'" :;1,<111 ('()IIVl'Y 1111' 1<llId <llld :;.tid 11111'1 ,,\..,.
lIlc'Ill.:; l.o till.' Cil..y Ir'('(' (If ,111 li{'ti~; dlld l'Il('llIll,I>t'(ltl(.(.:; <ltld will, ItI,II'
f'dlll,y (>I Ii 1.11: Illlt':;lldlll I'~) I:, II ,,( :;")(' '>I' Wi;'I'I'dlll.y 11t'('d, <1:....\1.1,11..
db.Le. ~illouLd the Ih'\Ielo!.)(~r' C,"Ll to ~-;o convey sdid impr'ovement:s,
the ~jiHlle :3hall become the pr'op(~r'Ly oJ: the City wil..hout fur'Uwr' llul i,'"
or action on the part; of ciUu'Y' pdr'ty 11f~r'C'l.0, other' Lhdn ,lccepLdlll'I'
by the City.
3. I. '5.
I \.~LU_~U~J:_<:.L_~~_.0r.1L~;.__~.~_E~ d __9_s:.:~'Y p d r 1 c y _~.:J e~!.~~_~, s :.
i:l, PLiot' to cornp leLion of I.:he qr'iHli.nq ,llld pi dcernenl:
of r'ock stabil.i<"inq matCf'tillsfor r'oad con~;tr'u(:l:ion within
t-,he pI i:l. t, the C i. ty Ru i l~jinq Inspector, with Lhe ,1pfH'oval. 0 f
Lr;e City Enqineer', shaLt be duthor'i.z.ed to issue buildin(..J perlllil~,
for residential construction with.i.n such plat upon payment
of ,lll fees and charges applicable to the issuance of permits
and provisions for adequate site access.
b. The occupancy of any structure within said plat for
resLdential purposes shall be prohibited by the City until
the streets have been paved with a Ii inch base bituminous
surface or CL5 if approved by the City Engineer, municipal
sanitary sewer' and water lines shall have been installed, tes-
ted, inspected and are available to serve the lot for which
d building permit shall have b~~n issued.
3.14. One Year Guarantee of Work and Guarantee Bond. All
wor'k and materials performed and furnished by the Developer, its
agents and subcontractors pursuant to '13.01 above, which are found
by the Ci ty to be defective withon one year after' acc':~ptance by
the City shall be repaced by Developer at Developer's sole expense
In decor-dance wi th Secti.on 7.02. and not in <'lddi Lion tnereto, the
within guarantee of work shall be secured to the City by an irre-
vocable letter of credit, or d cOr'por'ate sUr'ety bond, at the elec-
tion (If and in an amount established by the City, furnished by the
Develcper to the City. Said letter of credit or sucety bond sJ;:li:1l1
fir'st be approved by the Ci. ty Att:or'ney, ,md shed 1 be in addi tLon.
to, dnd not i.n I leu of any 0 the r remcch es which mav be avai 1 ab'l e .'
to the City to secure any defect:sin materials or workmanship. ~<S)
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3.15. Liability Insurance. Developer shall take out and
maintain so long as Developer" S --ot:iTigations continue under this
agreement, public liability and property damage insurance covering
personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its subcon-
tractors or by one directly or indirectly employed by any of them.
l,imits for bodily injury or dedth shdll be not less than $500,000
for one person and $1,000,000 for each occurrence; limits for proper-
ty damage shall be not less than $200,000 for each occurrence. The
City shall be named as an additional named insured on said policy,
and Developer shall file a copy of the insurance coverage with the
City prior to initiating construction.
SECTION 4.
STATUS OF SPECIAL ASSESSMENTS.
It , () 1 . 12~:.\,f_(!J_~)I:.~:E__~~:!..{~_~<?\'.JJ~~l~:J(_:!;~~E~)(:~_,:I~__~:~~)l__~~~_l_,il:._: The [Jev() L () pc' t'
(,lcknow-'I(~(I(leS tlldt l.Iw subjr!ct pt'()I)(~I'l.y d(~t'iv('~; "~;p('('i'll IH,tH)Ci l.,"
d:, l.h.sl l.{)r'!(1 U; (j(~l i tH'd IlY pn'~;l'lIl Cd:;\: I dW 11IH1l.'!' (;Ild!d.(:t' 1,2'.1 o(
MinllC~;()l.d :;L-,d:uLl::;, InJIlI !.Ill} :i(-W('l' 1.1 (t. :;t,tI.iOll <llld w,ll,('t' ~;uppJy
L..\clllLH~s, tr'unk dwi J.:.lL(~r'dl :_~dniLdl'Y :;l..~Wl)C LH:ili.Lil)S, c.Ind trunk
and lateral water facilities which were constructed ilS a part of
Chanhassen Improvement Pr'o j ec Ls. The Developer eicknowledges tha t
the amount of such spel~ial bencfl t. l~:3 not les~> them th(' sum of th('
following amounts:
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Peircel No. 25-01,000-0037-000,
20.08 Acres in.part of Cov't. Lots 5 and 6,
1 sewer and water lateral assessment levied in
1973 in the amount of $4,119.00, payable over 15
years at 7% interest.
1 sewer and water trunk assessment levied in 1980,
1n the amount of $1,054.96, payable over 10 years
at 7% interest.
Parcel No. 25-79-500-0001-000, Lot 1, Vineland
1 sewer and water lateral assessment levied on
October 1, 197:5 in tht~'-Clmount of $4,949.00, which
has been paid in full.
2 sewer and water lateral and 3 sewer and water
trunk assessments levied in 1980, in the amount
of $12,419.98, payable over 10 years at 7% inten.)f; l.,
b.
Deferred Special Assessments. In addition to the
'foregoing levied-spec iiD as':sessments I the sub j ec t
property is further specially ~enefitted by 68 off-
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line sewer and wdter' trunk units, eelch sewer Lru[\l~
unit valued at $320.00 and each water trunk unit
valued at $380.00, and each said sewer and water
unit shall bear interest at the rate of 7% from
October l, 1973.
4.02. Spread and ~ayment of Deferred Special Assessments.
All deferred special assessments for said 68 sewer and water trunk
units shall be spread and assigned to the 52 specially benefitted
lots within the final plat, shall be certified to the Carver County
Auditor for collection at the time of the recording of the final
plat with the County Recorder, and shall be payable in installments
of principal and interest over a period of fo~r (4) years after
s~id ce~tification.
;..~ .'}:~_:. . .1)!..:.y(~.I.(.~E~!L'---.Y'l':lL\j.(': ; l'l.'!.lII (".LI(~: l!' i 1!.~_L,I.ll.{I..H i IJJ.l.I.< ~f._..!\EE( '. I I
The Developer wdives iLs r'i.qhl tu publ Lc he.,lcitHj U[\Ul~r' ~42'.).ObJ
and ~/.29.07l of Minnesota ~3tiltutes dnd its ri.qht of appeal under'
~429. 081 of Minneso~a statute.c; a~; to the Special l\~;sessments.
SECTION 5.
SPECIAL CONDITIONS.
") . 01. Fox Path Cul-de..~)ac. A" T" inte r'see t ion sha 11 be
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constructed by Developer at the western terminus of Fox Path, with
surmoun tabl e curb and qu t tel'. <lod ::;;hcll I be cons L r'l.lC Lcd :i. n accor'dance
with plans and specifications approved by the City E:nqLneer. The
westerly extension of Fox Path from said "'[''' i.nter~;cc:tion to the
westerly boundary of the subject property shall be pLcltted a~ a
dedicated street: but shall not be i.mproved as such unt.il develop-
ment on the adjoining property shall require a street connection
to Fox Path.
5.02. Pleasant View Road Access Restriction. Unless other-
wise determined by the City Council Lots 1 and 2. Block 2 shall
not be permitted direct driveway access to Pleasant. View Road.
Lot 1, B10ck 1 and f."iI.S, Block 2 may access on Pleasant View Road
but the aCC3sses shall be located to maximize site distances. The
exact location and design of the accesses shall be approv~d by the
City Engineer. Saj.d restrictions shall be incorporated ~.jthin cove-
(I.:\llts and r-estricti;)rlS wh ;.ch shall be applicable to tl'l'~ final plat
ut the subj eel:. prOpf'r'ty :.nd which sha,b..l be fi led wi th the Carver
County Hec6rdf~r contemporaneously with the filing of said final
pIal: <
5. O~~:. Watermain Loop. Unless othecwise determined by the
City Council, the City wa.,termain servingthe;.subject property. shall
be "looped" as that. term 1s .commonly used by professional engineecs>
from Lake Point to Fox path along the alignment depicted as "Route
C'I in the report of the City Engirleer, dated August 10, 1981.
5.04. Buildinq Plans Certification. Due to extraordinary
slope and soil conditions. building and site plans for all residences
with:Ln the subject property shall be cer'tifled as having been re- ~:!<5)"
viewed and approved by an archi teet or ci vi 1 enqineer' 1 icensed by t..t
the State of Minnesota. Said builditlg and site plan review and appro
val shall include provisions for slope protection, surface and sub-
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surface drainage, prevention of siltation, and the preservation
of trees and prevention of excessive vegetation removal during con-
struction.
Building pads and basement floors shall b8 constructed
at an elevation not less chan two (2) feet above the rrcqional flood
~levation in accordance ~/ith the requirements of applicable City
ordinances'~
The term~ and conditions of this Section 5.04 shall
be made a part of covenants and r~strictions which shall be applic-
able to the final plat ot: the subject proper;~y and which sha,l:l be
fjled contemporaneously 0ith the filing of the final plat with the
Carver County Recorder.
',.()',. 1':<I:;"lIll~rt\,:; Ill'dj(',lI"," UII ('I,ll,. I'L'f'!H'LII", ':<1:;(:llll'[II:;
{(H' :; lH'f<lC(~ Wd Le'y:'- '(J r'd niHJC, nc.Tli'dTnq PC)! I'ZITnq imd :; I'd i 1Ii('n La t.i 0 n
b"l:>ins dnd (;lUC()SS LllereLo, shill! be: dedicated on the final plat
to the e>: tent penni t ted by State 1 aw. All such easements not so
dedicated shall be granted to the City in form approved by the City
and acceptable for recording in the Office of the: Carver County
Recorder.
5.06. 'itreets. All streets within the plat shall be dedi-
cated-with a 50"["(:;01; wiele right-of-way, and shall have a 28 foot
roadway surface with surmountable concrete curb and gutter. All
street cul-de-sacs shall have a right-of-way radius of 60 feet,
with a r'oadway surface radius of 40 feet wi th surmountable concrete
curb and gutter. All streets shall be constructed in accordance
with City standards approved by the City Engineer.
~.07. Ponding and Sedimentation Basin Maintenance. The
Developer shall maintain in good operational order all ponding and
sedimentation basins during all phases of construction within the
subject property. After formal acceptance by the City, said main-
tenance shall be the obligation of the City.
5.08. Trail Easement. The Developer shall grant to the
It Y 'a perpetual easement ten (10) feet wide for use as a City traj,l,
><11 d easement descr'ibed as follows:, ._
A 10.00 foot permanent easement for trail purposes, the center-
line of which is describ~d as follows: Commencing at a point
~ line parallel to and 5.00 feet northerly of the south lines
l)f Lots 19 and 20, Block 1 to a point 5.00 feet or more east
(,f the wetlands area in said Lot 20; thence in a northwesterl y
djrection 5.00 feet easterly of said wetlands to the north
line of said Lot 20; thence continuing northerly to the northwest
corner of Lot 22, Block 1; thence northwesterly along the south-
westerly bounda.t'Y lines of Lots 2~S and 24 to the easterly riqhL
of-way line of Fox Path and there terminating. It is the inten-
tion that this easement be located adjacent to but entirely
easterly of any wetlands area in Lots 20, 21, 25 or 26 0>> Block
~l.(')
tj'l
,13-
..~.~~.~..
L; and, therefore, if after a survey of the area is completed,
the above described easement lies within any wetlands, the
Developer shall execute an amended easement agreement with
the new description.
The form of said easement and exact legal description shall be ap-
proved by the City, and shall be filed before commenC0ment of con-
struction of any public improvements.
When constructed, the portion of the trail easement
on the Fox Path right-of-way may be constr'ucted at the City' s expen~;(:
with a bituminous surface and the 10 foot portion of the easement
not in the Fox Path right-of-way shall be surfaced with wood chips.
All trail easement constr'ucl:ion shall b(~ per'fcH'lIled by the City in
,H:c(Jt'd,lllC:U wil.h ~'ll\'('lrLc"Llull:; dJlIH'UV,'d IIY LJI\~ City I-:Illjilll:t-r'.
" . ') . '1'1'.1 I I 1-:.1: " 'lilt ~lll
.".. '-'-~." .- .'~- .. . .-,."."--..--. --- -.--. -... "-- ...
pcH'k charqes under Chanhil~;sen Or'
t.J(! qr'clrlL(~(J l)(~vc~ l.()I-H~~' t 1. t~~.i ~:)lJCC~C~':;~.;<...)r~~)
the perpetual trail easement.
I' (:I'"d II. 1'111 ':I,.-d It. I,JI'
No. 1 /, d~; d[Jl(~nclcd ;';hi11 I
ur <.1:.;;; i.lJtls, 1uI' Lhl~ <Jt'dllL ul
5.10. Park Fees. Prior to the issuance of building per-
mi ts for res ide-ntTa 1 cons trt.lct ion wi th the plut, Deve loper, its
successors or assigns, shall pay to the City the park fee then in
force pursuant to Chanhassen Ordinance 14-A and relevant City Caunei
Resolutiorls thereafter, as said park charge fee may be adjusted
by the provisions of Section 5.9 above.
.
<) .lL:. s tY'cet Ma_intenance Dur~.E!..sLCons_truction._ The Developer
shall be responsible for all street maintenance until streets are
accepted by the City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on said
and directing attention to detours. If streets become impassable,
such streets shall be barricaded and closed. The Developer shall
maintain d smooth surface and provide proper surface drainage.
The Developer shall be responsible for keeping streets within and
without the plat swept clean of dirt and debris that may spill or
wash onto the street from his operation. The Developer may request,
in writing, that the City keep the streets open during the winter
lllunt:hs by plowing snow from said streets pri.or to final acceptance
,) f '';d id str'eeb,~. The City shall not. b.e responsi b 1. e foy' re-shaping
:.>dLd streets becduse of snow plowing operations if they are t'equestec!.
Pr()viding snow plowing serv~ce, does not constitute final acceptance
u t 3d ld s tree ts by the City. Deve loper agr'l:es to pay all costs
of snow l'cmoval done by th,,~ Ci ty pr'ior to acceptance of said streets.
5.12. Stree_L Siqns. All street name and traffic signs
required within the plat at the time of City acceptance shall be
furnLshed and installed by the City at the sole cost of the Developer
5.13. Covenants and Restrictions. Covenants or restrlc-
-- ~
tions to be placed upon the lots in the subject plat shall be pre-
pared by the Developer and shall be approved by the City Attorney
prior ta recording with the County Recorder. The Covenants and
... <J...
~l...S .("
,-,)
Restrictions shall be approved if they are consistent with the re-
quirements of this agreement. The zoning ordinances and regulations
of the City shall govern if inconsistent with said covenants and
restrictions to the extent actually inconsistent; but if not in~onsis-
tent therewith, the standards contained in said covenants and restric-
tions shall be considered as requirements in addition to said City
ordinances and regulations. The City shall be held harmless in
the event any ,disputes occur involving covenants and restrictions.
5..!~ Setting of Lot and Block Mom~ments. Developer shall
place iron monuments at: 'all lot i:lnd block cor'flers and c~t all oLher
angle points on boundary lines. Iron monument placements shall
be ver'i f ied after' cons tcuc Lion of illlprovemen ts has been completed
in order to preserve the lot markers for future property owners,
SI':CT rON b.
CON~)i':n\f^'I'TON 1<I\SI':IVII':NT.
(i.I)\'. 1':d~;('II\t'nl; to be CCdlll,('d. Ul~v(~lopc'r' ~;hdll qt'unL Lo
the Cl t; d pE~q)(~Lud conser'vat Lon edSI~Il\(,~nL for envir'onlllental protec.-
tion and wetland preservation over those areas of Lots 7 through
19, inclusive, of Block 1 of the plat which lie ~elow the elevation
of ClOO fee t. No c redl t for park charqes under Ch'anhassen Ordinance
No. 14 as amended shall be granted Developer, its successors or
ass i qns for the q Y'iHlt of said (:dSC~ll\(?lI L .
b. 02. Conservation LIsement Development Hest:r-ictions.
^ 11 01:- th~; follo'w.l n(jdctt v i ET'~-s---;,r;i;T.fb(~--r)r()E-:Cl)Tt:e(Cw-Ct:hin the COll--
servation easement iH'ea,i.ncJ.udi.nq the wetlands as dcL.Lnated on
Exhibit "A", Chanhassen City Council meetinq of April 26, 1982 and
on Lotus Lake adjacent to the easement area:
a.
The placement and erection of buildings. structures,
dnd docks and wal kways. (Except as pro\/id,~d in 6.03.)
ll.
The alteration of vegetati.on in any manner or form.
(Except as provided in 6.03.)
~. -;
The excavation or' -filling of the easement area.
d,
The application of fertilizers, whether natural
or chemical.
p
The applicat,ion of chemicals for the destruction
or retardation of vegetation.
f.
The deposit of waste or debris.
g.
Construction of paths, trails and service roads
except as permitted by the City.
h.
The application of herbicides, pesticides and insec-
ticides.
J-
-10-.
':/ 6)~.
,,/I
,
i.",
<:J.
Boardwalks may be con~.3Lr'ucLed to ser've as appcodch
walkways to Lotus Lake and/or docks over lands which
tH'e inLel'llllLtent.Ly ot' pt~t.'llldt.lelltly wet. fJdths llIay
be created for dock and boardwalk approaches over
dry ground.
h.
No motorcraft shall be moored or docked overnight
at any such docks unless said watercraft is either:
(a) currently registered, pursuant to Chapter 361
of Minnesota statutes, in the name of the owner
of the lot served by said dock or in the name of
a member of said owner's household.
i.
Veqetation may not hp
U i( I. l'lId I t I CI () \ l t. :i I x (( i )
Ltl "P\'II Wolt 1'1',
r'PlIloved exC'(~pl: for d sWid:h
,..,.'! I I" UII I l'd('1l :ii<l.! III d dClI'I',
{,.Ol" 1;'1'1'111 ollld l\ppt'()Vol' "I 1-:,1',1'11\1'111, '1'1\1' 1'1/'111 cd II\!'
1'(lll:i.!r'V.ILiIJlI 1!II:i(.:IIII:l~1. ':;tldl'.IJ(' fJl'l:p.Il'l,d IIY Ule.' Cil.y ,II. L111~ eXfJl.!ll:;('
of the Developer, and shall be approved by the Ci ty Council prior'
to submission to the Developer for execution and delivery to the
City.
G.05. Inclusion in Covenants dnd Hestr'icl:lons. The con-
-- -_._-_.~.- ---~-
servation easemerlt shall be made a part of the covenants and restric-
tions applicable to the plat and shall be incorporated therein by
r'eference, and as an exhi bi t, fonning a pd.rt: of said covenant~; and
r'E'strictions.
SECTION 7.
ENFORCEMENT PROVISIONS.
7.01. HeJrnbuy'selTlcnt of Costs. 'T'he Developer- shall y'eirnburse
the C:i ty for' all--.costs, including reasonable engi.neer:ing, legal,
planning and administrative expenses incurred by the City i.n connec-
tion with all matt'~r~ celating to the administration dnd erlforcement
or the wi thi.l"l aqre,,~rnent and the j:Jecforrnance thereby 0Y the Developer.
Such r.eimbursement shall be made within fourtc:en (If.) days of the
,jd. tJ:' ()f mai 1 ing of the Ci cy IS i I;emi zed notice of cos l~s. IF the
bills are not. paid on time the City Hlay halt all t=>lat development
<twy'k until l:he bi.lls ;3.1'e paj.d in ful1:.~
a The C. Ly shall have no obligat:i.un to pay such devel-
Gpment costs whether ornoL the City has approvbd the work.
b, The Developer shall pay t~he City 's out-of--pocket
expenses previously or subsequently incurred, including but
not limited to legal, planning, engineering and inspection
expense~:; incut"'r't~d i.n connection wi t.h appr'o'v'nl dnd acceptdnCl':
of r,he plat., dnu t.he py'cparation of this Development contracL.
.-12..
~"&61
i.
j .
16,
6.03.
1 ~-----r8 ,
a.
b.
c.
d.
I:"'
f.
The sto1'<:hJe of wdter'cr'dft, boat trailers, ice fi~;hl.nq
houses, snowmobiles, motorized and nonmotorized
vehicles (Except as permitted in Section 6.03 of
thi s ordl:nance).
Mooring se~aplanes, in abut tint] waters of Lotus, Lake
(hereinafter ."the lake").
Dockaq(~ Wi l:hLn Cons(!r'v_~l:ion Easement Area. Lots
and 19, Block 1 shall be allowed one dock for' each 10L.
All docks must conform to City ordinances regulating
dock construction.
Moor'inq of dny wid:cr'CY'dft, IlIw:,l; confor-rn to City (l!"
d i ndnce~; <.md Y'cqu 1..'.11: i on~,; .
Tile docl-< Uti 1.01 I II llldV be u~;(~d by LlII' ()wr\(~t'~:; 01
Lut~.; tUp-lb, Uluck I. No !lItH'e than seven (7) hOelL.
llIay 'USI_~ the doc~< drld Lhe owner' of dny lol: milY nol.
hdve moY'e thiHI one (1) bOd!: use the dock wi thouL
the written consent of the City Council. Boats
may not be docked or moored on th~ north side of
t:he dock.
1\10 dock Slid 11 exceed six (6) fee t Ul wi d l:h nor slla 1 L
it exceecl the qreater of the follo\tllrl<] lengths:
(a) fifty (50) feet, or (b) the minimum straight-
line distancet oecessi:lry to f'each a water depth pf
four (L.) feet. The width (but not the length)/ of
the cross-bar of any "'1'" or "L" shaped dock,fihal1
be included ir: the computation of length c~~cribed
In the precedlqg sentence. The cross-baVof any
such dock shall not measure in excess qf twenty-five
(2.5) feet in length, except on Lot 16 /' wAid~l,,,.ula.;y-.
...e e"w()vet"'Si'''~ed~'''suf fi-0ient-ly-.,.t,o,-.aoGornoda\,e......6e.1;f@n~v.{+~,
'boa ts'-"i:..t~,-.~tleh"0ve~i'z,.:i. nq"ilii".neo6s sary. ..to,.a(;womoda.t.e
"'8-e-v@->>."..{-~-ho.a;t.-, .
11~'~
No dock shall be so located as to: (a) obstruct
the navigation of the lake, (b) obstruct reasonable
use or access to anybfh~r dock, (c) present a poten-
tlal safety hazard.
No fuel shall be stored upon any such dock.
No more than five (~)) wat:ercraft may be moor'ed over'--
night at any clock or in front of any lot with the
exception of Lot 16, Block I where up to seven (7)
watercraft may be moored overnight.
f
-.11-
........."."t- -"
'18> ~::b
The Developer further agrees to pay all reasonable costs and
expenses incurred by the City in monitoring and inspecting
development of the plat.
c. The Developer shall indemnify the City for all costs,
damages or expenses, including engineering and attorney fees,
which the City may pay .or incur in consequence of claims by
all third parties including but not limited to other property
owners, contractors, subcontractors, and material men.
d. The Developer shall reimburse the City for costs
incurred in the enforcement of this contract, in~luding engin-
eering and attorney's fees.
7.02. SeC1H'itLf~(?E PI~r'fOr'll\lInC(! by D('vI~I()()('r"n 1"01' l.ht~ put'
pose of d~:;sur'inq dnd qUiH'dnLeei.nq to LIlt' Ci Ly l.h.lt !Jil' illlfH'OVOIIIl'111 ';
to bl) by l.lIn ()I!VI'IUPC'I' ('1111;;1,'11\'1 I,d, l'I.';l.iI 1.,,1 dllll , 111'111'.11,'<1 II:. :""
,,,,'U,111 1"1,UI Il('l',~,d :>11,111 tit' ('UIL'il.l'LI\'l.vd, 1l1:;(,,1! 1(,.1 dtlll I:Ut'lli:i1lt'd
dCCOI'di11t1 I.u l;!)(' II!I'III'; uf' LId;; ,I\JI"'I'IIIf'III. 011111 111011 II", 1)I'v,'ll11J('I'
:..;J"dl PdY dl.J CLtllll:j. Jur wCH'h dUllO <\lId IlkILcI'i,d:3 dllll ::iuppLLes JUt:
nished fot' thu p(~r'rOt'llldnC(! of Uli:; dlll'l:l.:rlll!nL, dnd UldL Uw UeveJopl'I'
shall fully comply with aLL of the other' terms and provisions of
this Development COIILract, Developer agrees to furnish to the City
either a cash deposit, or an 1r'revocable letter of cr'edit approved
by the City in an amount equal to 110% of the costs of the improve-
ments described in Section 3.01 hereof, dS estimated by th~ City
Engineer. The cash deposit Jr irrevocable letter of credi~ (Section
3) provided for herein sh2ll be in addition to any perf~r'm~nce bond
or other' security requireu bY the Riley-Purgatory Creek Watershed
District as a Condition of the issuance of any permit by said Dis-
trict.
a. If the Developer'.doas not satisfactorily complete
the work this Development Contract r'equiF'es the Ci ty may.. at
its option, perform the 'work. The City shall give the Developer
at least 96 hours notice of the City's intention to perform
any such work. However, in the event of an emergency as deter-
fuined by the City, 96 hours notice is not required. This agree-
trlen t is a 1 icense for the C1 ty to ac t and it shall not be neces--
sary for the City to seek a court order for permission to enter
Lhe land. When the C:L ty does any ~~;uch work. the City may in
addition to its other remedies ~~~~~s the cost in whole or
in part as outlined in 7.03.
7 . 0:5.
11.~.'LI~~_~J:.~_~._lJJ?~0__Q_~~_~~,::,.J:..~~.,
i:i. Asse:'j.';rnenls. In the event Developer' shall defaul t
in till:' per,Y()-r-'fll,:irlc:e-.()P-,my of the COVeniJnts and agt'eernents herei.n
conLlirll~d, and such defaul t shall not helve been cured wi thin
ten (10) days after receipt by Developer of written notice
thereof. the C1 ty, if .i.t so elects. lTldY cause any of the re-
quit'ed improvernents to be constr'ucted and installed, or may
take action to cure said default, and to the extent that the
-13,..
'1.D
CJ9
City's recovery on t~e ~ecurity deposit in 7.03 is defici~nt,
may cause the entire cost thereof, including all reasonable
engineering, le~al and administrative expense incurred by the
City, to be recovered as a special assessment under Minnesota
statutes, Chapter 429, in which case the Developer agrees to
pay the entire amount of the assessment roll pertaining to .
any such improvement amount of the assessment roll pertaining
to any such improvement within four (4) years after its adoption.
In addition, Developer further agrees that in the event of
its failure to pay in full any such special assessment within
the time prescribed herein, the City shall have a specific
lien on all of Developer's real property within said plat for
any amount so unpaid, and the City shelll have the right to
foreclose said lien in the manner prescribed for the foreclosure
of mechanic's liens untll'I' tho Idw:; of t,rw ~)t;i\t.l' of MinrH~:iot.l.
In 1.11" "VI'It!. Ilf .III f'lllI.'I'<J"II"V. d:, <I,.t"I'lIlil\!'d l.y III,'
CJ.l.y !';IHJl.lll:l:l', LlII: IluLil.'t' i'l:quti'Clllclll. Lu Ull.' U\~VI!J.Upl.:l' ~;I1dll
ue dnd i~; 11CI'cby w,livl:c1 ill it.:3 unl.it'I.:l.y, drHl UI\~ l)\:velopl~t'
shall l'eimbul'se' the C i Ly fOl' dny expcn::;e lncurTcd by the C i Ly
in remedying the conditions creating the emergency.
b. :~!:~c.~!'_~ty ~e~.c.?s~.,l:...:.. In conjunction wi th the foregoinq,
the City may utilize any cash deposit made or letter of credit
delivered h(~reuncler, to collect, payor reimbuy'se the City
fOt, :
(1) the cost of completing the construction of t~e improve-
ments d8.'3cribed in ',1:).01 above; and
(2) the cost of curing any other default by the Developer
in its performance of any of the covenants had agreement
contained herein; and
(3) the cost of reasonable engineering, lE~gal, and administra-
tive expense incurred by the City in enforcing and adminis-
tering this contract.
c. Legal Proceedings. In addition to the foregoing,
the C1 ty may-Tils t.:i tute any r)r'oper action or proceedi.ng at law
or at eGu1ty to prevent violations of the within development
contract, to 0estrain or abate ~lal~tions of the within develop-
ment contract.
SECTION 8.
MISCE:L,LANEOUS TEHMS AND CONDITIONS.
8.01. Compl ianc.~e with Laws, On:linances and Hegulations;
Permi I:s. -In the-C:iev'eic)prnerltor-Ehe-plat-;-Deve'.loper-s-hall-comply -
with ar-I Laws, ordinances and r'egulations of, and secure valid neces-
sary permits from the following authorities:
'190
-14
",.,~.~...-
(1) City of Chanhassen
(2) State of Minnesota, its agencies, departments and commis-
sions
(3) Department of Natural Resources
(4) Riley-Purgatory Creek Watershed District
(5) U.S. Army Corps of Engineers
8.02.:. Proof of Title. Upon 'request , the Developer shall
furnish the City with evidence satisfactory to the City that it
is fee owner of the subject property.
8.03. Duration of Contract. This contract shall remain
in effect until such time as Developer shall have fully performed
all of its duties and obligations under this contract. Upon the
written request of Developer and upon the adoption of a resolution
by the Chanhassen Ci ty Council findi.nl) UldL the Dev(~l.oper' has full y
COlllplied with all of the ter'llI~:j of this ccmtr'dct and finding that
Developer' has completed per'forrndnce of all Developer's duties lIliln--
dated by this contract, the Ctlanhassen City Manager shall issue
to the Developer on behalf of the City an appropriate certificate
of compliance.
8.04. Notices. All notices, certificates and other com-
munications her,'e-under shall be sufficiently given and shall be deemed
given when mailed by certified mail. return receipt requested, pos-
tage prepaid, with property address as indicated below. The City
and the Developer, by written notice given by one to the other,
may designate any address or' ~ddresses to which notices, certificates
or' other communications to them shall be sent wheh requi red as contem-
plated by this agreement. Unless otherwise provided by the respec--
tive parties, all notices, certificates and communications to each
of them shall be addressed as follows:
To the City:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
To the Developer:
Derrick Land Company
1~50' She lard Tower
Minneapolis, MN 55426
8.05. Binding Effect. This agreement shall inure to the
benefitof and shaiT-beb-inding upon the City and the Developer
and their respective successors and assigns. Nothing in this agree-
ment, express or lmplied, shall give to any person, other than the
parties hereto, and their respective successors, and assigns, here-
under, any benefit or other legal or equitable right, remedy or
claim under this agreement.
49t
- 1 '-j
t3.06. Severability. In the event any provisions of this
afJreementshall be held invall d, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate
or' r'ender unenforceable any other' provision hereof, and the r'emain--
ing pr'ovisions shall not in any i'.Jay be affected Or impaired thereby.
~.07. ,Execution of Coun~:erparts. This agreement may be
simultaneously executed in several counterparts, each of which shall
be an original, and all of which shall constitute but one and the
same instrument.
8.08. Construction. This agreement shall be construed
in accordance with the laws of the State of Minnesota.
a.og. !~,:::a(L02iLs._ HCilClinqs dt LlH~ beqi.nninq of sections
dnd pi.tr'dgr'dphs hereof ar'c for converLi.etlc~(~ of n~fen~tlce, and shd l J
not be considered a part of the text of this contract, and shall
not influence its construction.
~__~~ ~i_<JE\__~~lan. Siqns for the purpose of advert ising
the subject property may he er'ected in accordance: wi th'_l\l.~ City
ordinances.
8.11. Hn:dch of any terms of this Aqreernent by the Developer'
shall-be ground~3 for' denial of buildinq permits.
8. 12 . ~)huuld an env i r'onmen tal assessment wor'ksheet, envi ran
mental impact s La Lement be requi red by the c;f ty or' another g_overn-
mental entity or agency, th~ Developer shall reimburse the City
for all expenses, including staff time and attorney's fees, that
the City incurs in assisting in the preparation of the review.
~1~ Before construction of public improvements or any
earth work commences, the Developer shall deposit with the City
satisfactory security securing the full performance of this Develop-
ment Contract. The dmount of the security shall be 110% of the
estimated cost dS set forth in the attached exhibit. Upon the exe-
cution of this agreement the City shall sign the final plat and
r'elease the sarne to the Developer.
_~~ l'he DeveLoper shall provide a site erosion control
plan satisfactory to the City Engineer for the prevention of damage
to adj acent proper'ty dlld the control of sur'face water runoff during
the ini tial cons t r'tJC \ ion phases of the pr'oj ect. '1'hi s plan shall
indicate the location of benn and ternpor'ar'y water retention areas
which shall be kept in qoad repai r unti 1 permanent drainage control
is provided. All areas distributed by the excavation and backfilling
operations, except for' the future paved portion of the streets shall
be reseeded as soon ctS practical after comp letion of the excavation
operation. In Lhe event that, in the City's opinion, the Developer
has fat led to ach>qud It' I Y control er'os ion. the Developer grants the
--16-
1.92
'!'
City permission to immediately enter the property and take such
measures as it deems necessary to control erosion.
8.15. The Developer agrees to plant two two-inch trees
on every lot in the P.R.D. that does not already have two trees.
One of the trees on each lot may be an evergreen. The other tree
shall be one of the following species: Maples (including Norway,
Schwedler and Sugar), Linden American, Linden Littleleaf, Green
Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or
Oak (including pin and White). A planting plan must be submitted
to and approved by the City Engineer.
IN WITNESS WHEREOF, the parties hereto have caused these pre-
sents to be executed on the day and year first above written,
C l't'Y '(:~,:>JI^NIIMI:il':N",,1 ,/, /
/ / J I,
~/ ,. ~ / ..
u0-(y ~,V'~ /Y?Ji.' '. -,' ,,7. l;l:" 1,1' 1,
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..,.r"',.."''',......
"''''':1'
BY____&__J__ c-Jtt:.::t:j':j" ..
City lVlanaqer '
Ill-:I(HI Cg f,J\NU (;OIVlI'/\NY
.-
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Sec(;e f'ar'v
I\y
1
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I.Li__ ) /
STAT~ UF MINNESOTA)
t )ss
COUNTY OF lj~r1L'}\<:f'"4h)
!!~
/J-N....l-\
f.(~~~~..~-;
'. 'T."'lt" .
STI,PHANIE J. OOEotE
NIIIA"V 1'!/IlIIC MINNESOTA
')MII) A CUlJNIY
, .!tll~.lIl1l1 l.p. Jun. 2. ..
............;,~
'1,9tJ
1 "I
.,',.
, ,.
STATE OF MINNESOTA)
)ss
COUNTY OF CARVER )
. On this 2..0 __ day of . ~ (J.. ':Y.---' 198'3 , before me,
a notary public within and for said County, personally appeared
Thomas L. Hamilton and Donald W. Ashworth, to me personally known,
who being each by me duly sworn did say that they are respectively
the Mayor and City Manager of the municipal corporation named in
the foregoing instrument, and that the seal affixed to said instru-
III1~nt. III 1.1111 cot'pot'.d.l! ill'dl l;tf ~:.tid IIllItlil-ill.1I ('111'11111',11 inll, dllll 1I1.t1
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TO MINN, STAT. SECTION 386.77
DRAFTED BY;
GrannIs & Grannis
403 N.W. NaIl. Bank Bldg
161 Norlh Concord St ..'
So th S reel
U l. Paul. MN 55015
(612) '1:;~j-1661
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~WNER AND DEVELOPER:
Derrick Land, Company
1770 Shelard Tower
Minneapolis, MN 55426
Phone: 546- 22?6
ENGINEER:
SUPy'EYOR:
E9'an, Field & Nowak, I nc.
741S Wayzata Boulevard
Minneapolis, MN 5)4:'6
Phone: 546-683:'
Westwood Plannlrlg & Engineering
7415 WaY/iltd lio,devard
N\inneapoiis, NlN 554?tJ
Phone: )46 -0155
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DESCRIPTION:
All that part of Government Lots 5 and iJ in Section I, Township 116 North, Range 23 West,
Carver Co~nty, {y'linnesota, described as follows:
.
Beginning at a point in the"West line of said SectJon 1 distant 90S feet South of the North-
west corner of said Section 1, said pOint being In the center line of the Excelsior and
Eden Prairie Road as now laid out and travelled ( and considering the West line of said
See ti 0 nIt 0 b e a due Nor t 11 and Sou t i1 I i n e J, the n c e run n i n g Nor t h 81) d e 9 r e e s "0 m i nut e s
East along said center line 170 feet, thence Soutll 9 degrees P minutes East 428.3 feet,
tllence South 45 (ji'qrees 32 minutes East 285 feet, more or less, to the shore line of Long
Lake, thence SOUliil~rty alollg said shore line to its intersection with the South line of said
Government L.ot 5, thence West along said South line 862.1 feet, more or less, to the South
w (l s t c 0 rrll' I . ,; did G 0 v ern men t L. 0 t S, the nee Nor t h a Ion g t 11 eWe s I I i n e 0 f s aid G 0 v ern men t
Lot 5 1715.3 feet, more or less, to the point of beginning, subject to pUblic road rights
wit h i nth e r i <1 h to f way of t 11 e E xc e Is lor and Ed e n P r air j e R 0 a d and s u bj e c t to a n e a s e me n t
for right of wayovpr that part of the above described Iract described as follows:
Beginning at the point of l1eqinni!1g of t!le'a"bo've described tract, ttlence North 89 degrees
20 minutes East 170 feet, thence South I) degrees 32 minutes East 33.46 feet, more or less,
to a poi n tin the Sou the r I y rig h t 0 f, way I i n I' 0 f the Ex c I' Is i 0 ran d Ed e n P r air i e R 0 ad, s aid
point being the actual point of beginning of ttle easement to be described, thence continu-
ing South 9 degrees ,32 minutes East 30 feet, ttlence Northwesterly ~o a point in the South-
erly rig:lt of way li.ne of the Lxcelsior and Eden Prairie Road distant 30 fee! West of the
actual point of heginning, thence East along said Southerly right of way line 30 feet to the
ac.tual point of beginning.
ALSO, Lots 1 and II, "Vineland".
7~0
DOCUMENi NO, -6Q1!'~----
OFFICE Of COUNTY RECORDER
STATE Of M'NI'iESOTA
COUNTY OF CA'RVE:R .
This is tl) certify that this document was
filed in this office on the.-6.---day ot
~.I"~A,D, at~o'clock..1C-M,
and was duly recorde~n B1~t;-
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