Wetland Alteration Permit - Recorded CAMPBELL KNUTSON
PROFESSIONAL • ASSOCIATIONASSOC
May 6, 2019
Thomas J. Campbell*
Roger N.Knutson Ms. Jean Steckling
Elliott B. Knetsch City of Chanhassen
Joel J.Jamnik 7700 Market Boulevard
Andrea McDowell Poehler P.O. Box 147
Soren M.Mattick Chanhassen, MN 55317
Henry A. Schaeffer,III
Alina Schwartz
Shana N.Conklin Re: Miscellaneous Recordings
Amy B.Schutt
James J.Monge,III Dear Ms. Steckling:
Jerome M.Porter
David S.Kendall
Kurt S.Fischer Please find enclosed, for the City's files, the following documents which have been
recorded with Carver County:
*Of Counsel
1. Encroachment Agreement with Ryan and Kristina Truax, recorded May 3,
2019 as document number A676539; and
2. Wetland Alteration Permit 019-01 for Galpin Development, recorded May 6,
2019 as document number T209579.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
r
Je. "P Legal Assistant
/jmo
Enclosures
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 55121
Main:651-452-5000
Fax:651-234-6237
www.ck-lasw.com
200786v2
Document#: T209579
Date: 05-06-2019 Time: 11:18 AM Pages: 5
Cert# 5 CERTS.0
Filing Fee: $126.00
Paid on 05-06-2019
County: Carver State: MN
Requesting Party: The City of Chanhassen
Kaaren Lewis
Registrar of Titles
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
WETLAND ALTERATION PERMIT#2019-01
1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants a wetland alteration permit for the following use:
Galpin Development
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota,and legally described as follows:
See Exhibit A
3. Conditions. The Wetland Alteration Permit is approved subject to the following
conditions:
a. Any projects seeking a wetland alteration permit subject to this article will also be
required to submit the following: Existing and proposed drainage areas to wetlands;
Buffer strip plan meeting the criteria of subsections 20-411(c) and(d).
b. Sec. 20-416. Mitigation. Wetland mitigation shall be undertaken on site. If this is not
feasible, then mitigation may occur locally within the subwatershed. If this is not
possible,then mitigation may occur outside the subwatershed, elsewhere in the city. If
mitigation cannot be accomplished on site, or if the city deems it necessary to perform
mitigation off site, then the applicant shall be responsible for providing off-site mitigation
within the major subwatershed, as designated by the Minnesota Wetland Conservation
Act, or purchasing wetland credits from the state wetland bank.
c. Stormwater runoff shall not be discharged into wetlands without water quality
pretreatment as prescribed by City Code.
d. If a Wetland Alteration Permit is issued allowing wetland alteration,the following
standards shall be followed: (1)The alteration will not have a net adverse effect on the
1
ecological and hydrological characteristics of remaining wetland, (2) It shall be located as
to minimize the impact on vegetation, (3) It shall not adversely change water flow, (4)
The size of the altered area shall be limited to the minimum required for the proposed
action, (5)The disposal of any excess material is prohibited within remaining wetland
areas, (6)The disposal of any excess material shall include proper erosion control and
nutrient retention measures, (7)Alterations to any wetland area are prohibited during
waterfowl breeding season or fish spawning season,unless it is determined by the city
that the wetland is not used for waterfowl breeding or fish spawning, and (8)Alterations
to wetland areas shall be mitigated in accordance with the requirements of this article if
the activity results in a loss of wetland area and/or function and value of the wetland.
e. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if
a portion of the wetland remains,unless exempted under Sec. 20-417. Show how
hydrologic patterns will not be altered for the remaining wetlands.
f. Sec. 20-405.Wetland delineation. An electronic copy of the delineated wetland
boundaries must be submitted in a format compatible with the city's GIS database.
g. Sec. 20-406. Wetland classification. All wetlands delineated under Sec. 20-405 of this
article that have not been previously classified shall be classified using the results from
the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM
Version 3.0), or future versions. A MnRAM shall be completed by the property owner or
applicant for each previously unclassified wetland. An electronic version of the MnRAM
evaluation must be submitted to and approved by the city to establish the classification of
each wetland prior to any alteration or impact to the wetland.
h. Staff review will be conditional upon the approved Wetland Replacement Plan.
i. A grading permit cannot be issued until the applicant has completed the WCA process.
j. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to
the wetlands on site. Please indicate wetland buffer widths and locations where signage
will be placed on a plan sheet. Please find additional information on signage placement
in the city's guidance document. The WMO provides signs and sign posts for the cost of
materials. Alternative signs(by the city or applicant) are also acceptable provided they
contain similar information.
k. Sec. 19-146. Wetland elements.
1) Water level fluctuations(peak elevation and duration) for wetlands shall be
limited to two feet and duration not to exceed 48 hours so as to prevent the
destruction of wildlife habitat and wetland vegetation.
2) Sedimentation basins or sediment removal devices shall be provided prior to
discharge into wetlands.
3) Variable bottom contours should be considered to provide deeper holes and flat
shallow benches. This feature will provide habitat for diversity of plants and
wetland inhabitants for wetland mitigation sites and stormwater basins.
2
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced,this permit shall lapse,unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: March 11, 2019
CITY OF CHANHASSEN
By: i1A L1
. Elise Ryan, ayor
SEAL
Brill %Alt(y:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this'Ut-)ay of
20 by Elise Ryan,Mayor, and Todd Gerhardt,City Manager,of the City of Chanhassen,a
Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary P lic
DRAFTED BY: °.r1 ' KIM T. MEUWISSEN
City of Chanhassen Notary Public Minnesota
7700 Market Boulevard :'"j9 My Commission Expires Jen 31,2020
P.O.Box 147
Chanhassen,MN 55317
(952)227-1100
3
Exhibit A
Legal Description:
Tract A, Registered Land Survey No. 89,files of Registrar of Titles, Carver County,
Minnesota.
Tract B, Registered Land Survey No. 89,files of Registrar of Titles,Carver County,
Minnesota.
Tract C, Registered Land Survey No. 89,files of Registrar of Titles, Carver County,
Minnesota.
That part of the Northeast Quarter of the Northwest Quarter of Section 10,Township 116,
Range 23, Carver County, Minnesota, described as follows:
Beginning at the North Quarter corner of said Section 10; thence South along the North-
South Quarter line of said Section 10 as distance of 409.69 feet;thence West along a line parallel
with the South line of the North Half of said Northeast Quarter of the Northwest Quarter a distance
of 435.76 feet to the centerline of the Excelsior-Shakopee Road;thence Northeasterly along said
centerline a distance of 419.39 feet to the North line of side Section 10; thence East along the North
line of said Section 10 to the point of beginning,all according to the U.S. Government Survey
thereof.
That part of the South half of the Northeast Quarter of the Northwest Quarter of Section 10,
Township 116,Range 23 Carver County,Minnesota lying easterly of the centerline of County Road
No. 117,also known as Galpin Boulevard,and lying North of the South 186.00 feet of said South
half of the Northwest Quarter of the Northwest Quarter thereof.
Together with:
That part of the westerly 183.00 feet of each of the following two tracts:
(1) That part of the South 186.00 feet of the Northeast Quarter of the Northwest Quarter
of Section 10, Township 116 North,Range 23 West of the 5th Principal Meridian,lying Easterly of
the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as
Chaska and Excelsior Road and as Excelsior and Shakopee Road).
(2) That part of the South Half of the Northwest Quarter of Section 10,Township 116
North,Range 23 West of the 5th Principal Meridian,lying Easterly of the centerline of County Road
No. 117(also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and
as Excelsior and Shakopee Road).
Which lies northerly of lines described as follows:
Commencing at the Northeast corner of said South Half of the Northwest Quarter;thence on an
assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the North line of said
South half of the Northwest Quarter a distance of 588.71 feet,to the beginning of the lines to be
4
described;thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet;thence
Northwesterly a distance of 141.37 feet along a non-tangential curve concave to the Southwest
having a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds,the chord of
said curve is 137.77 feet in length and bears North 46 degrees 52 minutes 45 seconds West;thence
North 69 degrees 22 minutes 45 seconds West,tangent to said curve a distance of 40.00 feet and
said line there terminating.
5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WETLAND ALTERATION PERMIT#2019-01
1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants a wetland alteration permit for the following use:
Galpin Development
2. Property. The permit is for property situated in the City of Chanhassen,Carver County,
Minnesota, and legally described as follows:
See Exhibit A
3. Conditions. The Wetland Alteration Permit is approved subject to the following
conditions:
a. Any projects seeking a wetland alteration permit subject to this article will also be
required to submit the following: Existing and proposed drainage areas to wetlands;
Buffer strip plan meeting the criteria of subsections 20-411(c) and (d).
b. Sec. 20-416. Mitigation. Wetland mitigation shall be undertaken on site. If this is not
feasible, then mitigation may occur locally within the subwatershed. If this is not
possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If
mitigation cannot be accomplished on site, or if the city deems it necessary to perform
mitigation off site, then the applicant shall be responsible for providing off-site mitigation
within the major subwatershed, as designated by the Minnesota Wetland Conservation
Act, or purchasing wetland credits from the state wetland bank.
c. Stormwater runoff shall not be discharged into wetlands without water quality
pretreatment as prescribed by City Code.
d. If a Wetland Alteration Permit is issued allowing wetland alteration, the following
standards shall be followed: (1)The alteration will not have a net adverse effect on the
1
ecological and hydrological characteristics of remaining wetland, (2) It shall be located as
to minimize the impact on vegetation, (3) It shall not adversely change water flow, (4)
The size of the altered area shall be limited to the minimum required for the proposed
action, (5) The disposal of any excess material is prohibited within remaining wetland
areas, (6) The disposal of any excess material shall include proper erosion control and
nutrient retention measures, (7) Alterations to any wetland area are prohibited during
waterfowl breeding season or fish spawning season, unless it is determined by the city
that the wetland is not used for waterfowl breeding or fish spawning, and (8) Alterations
to wetland areas shall be mitigated in accordance with the requirements of this article if
the activity results in a loss of wetland area and/or function and value of the wetland.
e. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if
a portion of the wetland remains, unless exempted under Sec. 20-417. Show how
hydrologic patterns will not be altered for the remaining wetlands.
f. Sec. 20-405. Wetland delineation. An electronic copy of the delineated wetland
boundaries must be submitted in a format compatible with the city's GIS database.
g. Sec. 20-406. Wetland classification. All wetlands delineated under Sec. 20-405 of this
article that have not been previously classified shall be classified using the results from
the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM
Version 3.0), or future versions. A MnRAM shall be completed by the property owner or
applicant for each previously unclassified wetland. An electronic version of the MnRAM
evaluation must be submitted to and approved by the city to establish the classification of
each wetland prior to any alteration or impact to the wetland.
h. Staff review will be conditional upon the approved Wetland Replacement Plan.
i. A grading permit cannot be issued until the applicant has completed the WCA process.
j. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to
the wetlands on site. Please indicate wetland buffer widths and locations where signage
will be placed on a plan sheet. Please find additional information on signage placement
in the city's guidance document. The WMO provides signs and sign posts for the cost of
materials. Alternative signs (by the city or applicant) are also acceptable provided they
contain similar information.
k. Sec. 19-146. Wetland elements.
1) Water level fluctuations (peak elevation and duration) for wetlands shall be
limited to two feet and duration not to exceed 48 hours so as to prevent the
destruction of wildlife habitat and wetland vegetation.
2) Sedimentation basins or sediment removal devices shall be provided prior to
discharge into wetlands.
3) Variable bottom contours should be considered to provide deeper holes and flat
shallow benches. This feature will provide habitat for diversity of plants and
wetland inhabitants for wetland mitigation sites and stormwater basins.
2
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced,this permit shall lapse,unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: March 11, 2019
CITY OF CHANHASSEN
By: ''i1A
Elise Ryan, ayor
SEAL
OW'
•435 Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
�.r �
The foregoing instrument was acknowledged before me this (j day of ILA e(; (
20 ICI,by Elise Ryan, Mayor, and Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary P
DRAFTED BY: °'`"'}''�� KIM T. MEUWISSEN
City of Chanhassen
3 �
�. � Notary Public-Minnesota
7700 Market Boulevard �f`.:'" My Commission Expires Jan 31,2020
P.O. Box 147
Chanhassen,MN 55317
(952) 227-1100
3
Exhibit A
Legal Description:
Tract A,Registered Land Survey No. 89, files of Registrar of Titles,Carver County,
Minnesota.
Tract B, Registered Land Survey No. 89, files of Registrar of Titles, Carver County,
Minnesota.
Tract C,Registered Land Survey No. 89, files of Registrar of Titles, Carver County,
Minnesota.
That part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116,
Range 23, Carver County, Minnesota, described as follows:
Beginning at the North Quarter corner of said Section 10;thence South along the North-
South Quarter line of said Section 10 as distance of 409.69 feet;thence West along a line parallel
with the South line of the North Half of said Northeast Quarter of the Northwest Quarter a distance
of 435.76 feet to the centerline of the Excelsior-Shakopee Road;thence Northeasterly along said
centerline a distance of 419.39 feet to the North line of side Section 10; thence East along the North
line of said Section 10 to the point of beginning, all according to the U.S. Government Survey
thereof.
That part of the South half of the Northeast Quarter of the Northwest Quarter of Section 10,
Township 116, Range 23 Carver County, Minnesota lying easterly of the centerline of County Road
No. 117,also known as Galpin Boulevard, and lying North of the South 186.00 feet of said South
half of the Northwest Quarter of the Northwest Quarter thereof.
Together with:
That part of the westerly 183.00 feet of each of the following two tracts:
(1) That part of the South 186.00 feet of the Northeast Quarter of the Northwest Quarter
of Section 10,Township 116 North, Range 23 West of the 5th Principal Meridian, lying Easterly of
the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as
Chaska and Excelsior Road and as Excelsior and Shakopee Road).
(2) That part of the South Half of the Northwest Quarter of Section 10,Township 116
North,Range 23 West of the 5th Principal Meridian,lying Easterly of the centerline of County Road
No. 117(also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and
as Excelsior and Shakopee Road).
Which lies northerly of lines described as follows:
Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence on an
assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the North line of said
South half of the Northwest Quarter a distance of 588.71 feet,to the beginning of the lines to be
4
described; thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet; thence
Northwesterly a distance of 141.37 feet along a non-tangential curve concave to the Southwest
having a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, the chord of
said curve is 137.77 feet in length and bears North 46 degrees 52 minutes 45 seconds West; thence
North 69 degrees 22 minutes 45 seconds West,tangent to said curve a distance of 40.00 feet and
said line there terminating.
5