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Planned Residential Development Contract for Plat of Fox Chase 7-20-83 "" .. ( ~. ~,\~ l~' . (. .'". '~ ( 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. .~ \ \ ~>> R.7/1Q/B:'1 ~. . .," . ~ t" 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. ~A ~S' -2,.. " ..:::I2f~~~;~~,:" ., , ".J~l,,,J,. " 0' ,..,.",~.-___.....v,..,.........,......;__'._ ;,-', "''1 f/ '. 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. ~>& -3- .,,)~~i):::' .. ~'~i.....t " ", . . ; 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. ' ' -4-- 1&0 .~'~. r ";IU,\t'W 1\", ,,"'fI-- " jJ\i; ,', .,.}; ; '.~;:T"~""""" ";:!.\ , . 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) '-1. .','.~-'" ",1' " 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: a- .. . !=-~ 'J) e ~l__ S pee ~_0},__i~~2;_~:~.!.3_1_[~~~~!:_t~:~:;_.:_ 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- --6-- ~(~:r .....,~) "'1"~~-'" ~__...,...... ..,....~'""".___.._"_"'.__.~....._~_.__ A' t,;; . 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 --- 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- -7- .....~ ')."i.:! "_...~........._"~. :.... 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, //, ".J. ... ..' ,; I j .. I21V-d . I/' '*', r" -, ..,.r"',.."''',...... "''''':1' BY____&__J__ c-Jtt:.::t:j':j" .. City lVlanaqer ' Ill-:I(HI Cg f,J\NU (;OIVlI'/\NY .- r ;' ,~ :"/1 I'l(,~ (, ,;/ ! I) ((/:~; i (\i t: tl L /L~~_{_tlrL :n Sec(;e f'ar'v I\y 1 I 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 ~l"ld 11\:il,I'l.llllUIIL Wd:; :;I(Jllud dllll :.:I',II,'d ill lwlldll ul :idld 11l1lllLeij)'11 l'IIIIJ1It'.J1lo11 llY .t1l111l1/'ll.y III II:: 1.:11 V 1:,>llUt,;j I .tlld '"lid '1'111111101: I.. 1I<.11ll11LUIl dIld lJulldld W, 1\~;hwul'LII dl;kttCwll'dq\.~l}:Hlld 11l:;Ll'UlllelIL Lu be the C r'c e ad ,md deed "C', aid ",un 'j'''\::<:.~.'~~ J I~ NO~PUbiTC:--' ~. , J'J\J,^'~" #- .. ' r,. "J'./.^'-..J'J.. \j.^.I\J" ~ ~ ".: ';" ..: i; ::~ ::~]"';":::;~:):~i::i~~~::::J, ~. .. .. " '..;~r./\l"'I"v'/"'r,I.J'" ~"\i J ...;....:'-../,.'J...~" J't/V., LAlIVWI HiOlvl HLIl~b 1-.....:0 ,ulIuUl\!',ff 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 .lf91 -1 B, . ,. .",., ..", E~ /-)') (J ;) " A II )LAT: FOX CHASE r?.-;/J....J.4( lJitvd",.....-t ('...-1.....( t. tlft!,f riJ)If N...-;,e. Oe..~:d /J<..J ~"t'-"I ~J.I \L." ~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 \~ ,~.l \ 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;- of~page H-( - ~~ - by-- e~. /', /' t:!/ 1 .~A. <,_(>/',r .I k- ! ,. .",. ~ (j')