Site Plan Permit - Recorded 11-21-19 0 CAMPBELL KNUTSON
PROFESSIONAL * ASSOCIATION
December 2, 2019
Roger N. Knutson
Elliott B. Knetsch
Joel J.Jamnik Ms. Jean Steckling
Andrea McDowell Poehler City of Chanhassen
Soren M.Mattick 7700 Market Boulevard
Henry A. Schaeffer,III
Alina Schwartz P.O. Box 147
Shana N.Conklin Chanhassen, MN 55317
Amy B.Schutt
James J.Monge,III Re: Miscellaneous Recordings
Jerome M. Porter
David S. Kendall
Kurt S.Fischer Dear Ms. Steckling:
Thomas J. Campbell*
Please find enclosed, for the City's files, the following documents that have been
*Retired
recorded with Carver County:
2. Conditional Use Permit for PC No. 2019-07 recorded November 21, 2019
as Document No. A687025; and
1. Site Plan Agreement#2019-07 with Northern States Power Company,
recorded on November 21, 2019 as Document No. A687026.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
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Jeanlson, Le.•
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Enclosures OF cNPNN 8°
C\V RE,ENED
Grand Oak Office Center 1 ���(1
86))Blue Gentian Road �C O 4 7
`suite 291.)
Eagan,MinneNota 3i1:1 *016A°1
Main:651-452-5000 00
Fax:651-234-6237
w‘‘ .ck-law.corn
202980v4
Document Number: A687026
Filed and/or Recorded on
Nov 21, 2019 4:17 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy CS Pkg ID: 7106102
Document Recording Fees $46.00
Document Total $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 10
CITY OF CHANHASSEN
RECEIVED
DEC 0 4 2019
CHANHASSEN PLANNING DEPT
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
SITE PLAN PERMIT#2019-07
XCEL ENERGY METER READER POLE
SPECIAL PROVISIONS
AGREEMENT dated August 12, 2019 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation,(the "City"),and NORTHERN STATES POWER COMPANY
d/b/a XCEL ENERGY(the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site
plan for the construction of a 145-foot tower and 5-foot lightning rod for a Utility Meter Reader
(referred to in this Permit as the "project"). The land is legally described in the attached Exhibit B.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit.
3. Development Plans. The project shall be developed and maintained in accordance
with the Bluff Creek Substation prepared by Xcel Energy, dated revised May 2,2019.
4. Time of Performance. The Developer shall install all required improvements by
August 13, 2020. The Developer may,however,request an extension of time from the City.
5. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer,its employees or agents,or mailed to the Developer by certified mail
at the following address:
APPLICANT: Xcel Energy OWNER: Chaska Electric
Chris Rogers Andrew Romine
414 Nicollet Mall GO-6A 660 Victoria Drive
Minneapolis, MN 55401 Chaska, MN 55317
Christopher.c.roger@xcelenery.com aromine@chaskamn.gov
612-330-6078 952-227-7710
1
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
6. Other Special Conditions.
Site Plan Permit- Planning Case 2019-07 for a 145-foot pole with a 5-foot lightning rod as
shown in Attachment 4, and adopts the attached Findings of Fact and Recommendation, subject to
the following conditions:
a) A building permit is required to construct(erect)the (pole).
b) The pole plans must be signed by a professional engineer licensed in the State of
Minnesota.
c) The contractor shall contact the Inspections Division as early as possible to
discuss plan review and permit procedures.
d) The applicant shall enter into a site plan agreement.
7. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
2
CITY OF CHANHASSEN
(. BY: /164'i
Elise Ryan, Ma r
:' ` '_
A > AND:
"'. 13--1-it—
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 13` day of/46kfern.be,r ,
2019, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
(-n/vL�•
NOTARY BLIC
.t:5`'-'-', KIM T. MEUWISSEN
*Z '..z Notary Public-Minnesota
w:�
Vii;_A.z�:: My commission Exp res Jan 31,2025
3
DEVELOPER: NORTHERN STATES
POWER COMPANY d/b/a XCEL
ENERGY
BY:
ef- 023:471a-
Peter
D. Gitzen, ager Siting&
Land Rights,Xcel Energy Services
Inc. an authorized agent for
Northern States Power Company,
A Minnesota corporation
STATE OF MINNESOTA )
(ss.
COUNTY OF 111PDr N
The foregoing instrument was acknowledged before me this ) day of cue(
2019,by Peter D. Gitzen,Manager Siting&Land Rights,Xcel Energy Services, Inc. and authorized
agent for Northern States Power Company,a Minnesota corporation.
•
CHRISTOPHER C ROGERS N •P LIC
Notary MinnesMinnesota
ca
( blic
` Minn
My Commission Expires
1 • • Jan 31. 2022
ZZOZ't£Uer - _
sandx3 uolsstwwo0 Aw
etosauum t
oilgnd AieloN
•,,Mara Awa A.!
DRAFTED BY: S1:1300H 3 83Hd0iSWWH3
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
(952)227-1100
4
CONSENT
The City of Chaska,a Minnesota municipal corporation, Owner of all or part of the subject property,
the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion of
the subject property owned by them.
Dated this"\ day of Rut 01)11?_, 2019 CITY OF CHASKA
A Minnesota municipal corporation
B i
STATE OF MINNESOTA )
(ss.
COUNTY OF trAvAru _ )
The foregoing instrument was acknowledged before me this yah day of \.p Utt u- .. , 2019,
by NAtkal( \A Vhk- C-irk ,the N\p 09_ of the City of
Chaska,a Minnesota municipal corporation,on behalf of thh city.
o' " r�rf;DENISE LYNN WETZEL
I
�' NOTARY PUBLIC -
MINNESOTA NOTARY PU L C
; My Commission Expire Jan.21.2G21
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O.Box
Chanhassen,MN 55317
(952)227-1100
5
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area,the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1)this agreement has been fully executed by both parties and filed with the City
Clerk,2)the necessary security and fees have been received by the City,and 3)the City has issued a
building permit.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the property to perform all work and inspections deemed appropriate by
the City in conjunction with site plan development. The City's entrance to the secured fenced
substation area shall be only with advance notice and accompanied by Developer's escort to meet
Developer's safety requirements.
4. Erosion Control. Before any building permits are issued, the erosion control plan, shall be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site,dirt and debris,including materials that have blown, from streets and the surrounding
area that has resulted from construction work by the Developer,its agents or assigns.
6. Warranty.NA
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from
site plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims,including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
6
incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on
time, the City may halt all plat development work and construction. Bills not paid within
thirty(30)days shall accrue interest at the rate of 8%per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default,not less than four(4)days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
9 . Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion,section,subsection,sentence,clause,paragraph,or phrase
of this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities tested
and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver
or amendment to the provisions of this Contract. To be binding,amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
7
I. Remedies. Each right,power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each and
every right,power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall not
be a waiver of the right to exercise at any time thereafter any other right,power or remedy.
J. Construction Hours. The normal construction hours and maintenance of equipment
under this contract shall be from 7:00 a.m.to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00
p.m.on Saturdays,with no such activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction or dewatering purposes
beyond the normal working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall •
clearly identify in the field and protect from alteration,unless suitable alternative sites are first
provided,the two soil treatment sites identified during the site plan process for each lot. This
shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these
sites shall render them as unacceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances,and Regulations. In the development of the site
plan,the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies,departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed
purchasers too enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations
or warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify,defend, and hold harmless the
City,its governing body members,officers,and employees from any claims or actions arising
out of the presence,if any,of hazardous wastes or pollutants on the property,unless hazardous
wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning neither the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
8
ExhibitI3
That part of the SE 1/4, NW 1/4 of Section 22, Township 116, Range
23, Carver County, Minnesota , described as follows:
Commencing at the Southeast corner of the NE 1/4
(E 1/4 Cor. ) of said Section 22; thence
South 89°57'53" West, assumed bearing, 2649.54 feet
along the South line of said NE 1/4 to the Southeast
corner of said SE 1/4, NW 1/4 of Section 22, said
point also being the point of beginning of the tract
to be described; thence continuing South 89°57'53" West
499.83 feet along said South line; thence northwesterly
247. 29 feet along the center of a public roadway on a
non-tangential curve concave to the northeast with
radius of 954. 93 feet through a central angle of
14'50' 14" , chord bearing North 72°54'36" West 246.59,
feet; thence North 00°24'57" West 592.50 feet;
thence North 89°35'03" East 377.00 feet;
thence South 71°53'06" East 377.58 feet to a
point on the East line of said SE 1/4 of the NW 1/4;
thence South 00°24' 57" East 550.00 feet along said
East line to the point of beginning. Subject to
easements , reservations or restrictions , if any.
Together with an easement for utilities and ingress and
egress , being 40 feet in width, lying 20 feet on each
side of the following described centerline: Commencing
at the Southwest corner of the above described tract;
thence North 00'24'57" West 321,50 feet along the West
line thereof to the point of beginning of the centerline
to be described; thence North 76°30'00" West 45.00 feet;
thence southwesterly 46. 69 feet along a tangential curve
concave to the southeast with radius of 50.00 feet through
a central angle of 53°30'00" ; thence South 50°00'00" West
224.89 feet tangent to said curve to to a point on the
center of a public roadway and said centerline there
terminating. It is intended to extend or shorten the
side lines of said easement so as to terminate at said
centerline of the public roadway and at the West line
of said Tract A.
9