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Approval Letter ♦ A Y D CITY OF ClIANITASSEN 0c,„ ay ,.,N B A % Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow May 11, 2021 Judith& Paul Poitevent 2300 Melody Hill Excelsior, MN 55331-8893 Re: Metes and Bounds Subdivision—2300 Melody Hill Road Dear Judith and Paul: This letter is to confirm that on Monday, May 10, 2021, the Chanhassen City Council approved the resolution approving a Metes and Bounds subdivision creating two single-family lots subject to the following conditions: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an Encroachment Agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 .CHANHASSEN • MINNESOTA 55317 Judith&Paul Poitevent 2300 Melody Hill May 11,2021 Page 2 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2021,they total $13,173.94 and are enumerated as such: a. Partial Hookup Fees: A Water Hook-Up fee of$2,476.00 and a Sewer Hook-Up fee of$691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees#391 and#397. 2. If trees#391 or#397 are damaged or removed due to construction,they must be each be replaced with a 2.5" overstory shade tree. Parks& Recreation: 1. Park Dedication fees in the amount of$5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent(110%)of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision,then the security shall be returned. Water Resources: 1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2021,the Surface Water Development fee totals$4,206.94. Please submit to the city the executed deeds for Parcels A and B and the fees in the amount of $13,273.94. I am having the city attorney prepare the drainage and utility easements which I will send to you for execution and submittal with the deeds. I have added the $100 recording fee as part of the fee total above. You will also need to apply for an Encroachment Agreement for the retaining Judith&Paul Poitevent 2300 Melody Hill May 11,2021 Page 3 walls on Parcels A and B in the drainage and utility easement. You will need to have an estimate done for the removal of the patio on Parcel B and provide a security for 110 percent (110%)of that amount. The security will be returned when the patio is removed or a building permit is issued for parcel B. After the city receives all of the documents and fees, we will record the documents and the resolution approving the subdivision at Carver County. Additionally, all current year taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid prior to the city recording these documents. Only after recording of these documents can the city issue a building permit. If you have any questions or need additional information, please contact me at(952)227-1131 or bgenerous@ci.chanhassen.mn.us. Cordi , fde---A- __________ Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Erik Henricksen, Project Engineer Laurie Hokkanen, City Manager Charlie Howley, City Engineer/Public Works Director Jill Sinclair, Environmental Resource Specialist Eric Tessman, Building Official Matt Unmacht, Water Resources Coordinator Enclosure g:lplan12021 planning cases12 1-09 2300 melody hill metes and bounds sub\approval Ietter.docx 1100 CITY OF CHANHASSEN ENCROACHMENT AGREEMENT APPLICATION FOR PRIVATE PROPERTY. PROPERTY ADDRESS LOT BLOCK PLAT NAME PID# PLEASE PRINT Name of Party or Organization Requesting Encroachment: list List reason(s) for encroachment: address if different than above: (Name) (Address) Contact person: Phone: Fax: Cell: E-Mail: 1. Type of Encroachment (Attach additional information when necessary,materials,Etc.) 2. Type of Surface(s)to be disturbed: 3. Dimensions of Encroachment (Show on site survey or sketch scaled drawing of location on property) NOTE:Retaining walls over 4' in height must be an engineered design with engineer's signature approvim!design. 4. Method of Installation or Construction (including method of compaction and excavation) Machine Excavation: ❑ Yes ❑No 5. List erosion control methods to be used: Signed By Dated The date when work is ready for inspection must be reported to the Engineering department. 952-227-1163 INFORMATION FOR APPLICATION Upon payment of the application initiation fee in the amount of$100.00 a request will be made to the City attorney to review and draft the appropriate type of encroachment agreement. When this is completed by the attorney and sent back to the City the contact information provided by the applicant will be used to notify applicant that the document is at City hall offices for signatures. These signatures must be notarized and sent into the county for recording, the applicant may choose to do these steps themselves but proof of recording must be provided to the City before the City will release any final approvals, permits or funds being held. The fee collected to start this process will cover all standard costs for notarizing and recording all documents; any additional time (over 2 hours) may be billed at the then current published rates for the City and Attorneys offices. It is expressly understood that this permit is conditioned upon replacement or restoration of the disturbed area to its prior condition in accordance with the appropriate rules and regulations for the City of Chanhassen. NOTE: This process could take approximately 3 weeks. Sec. 20-908. Yard regulations. (6) The placement of any structure within easements is prohibited, except for those structures specified herein. Fences may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement. Sec. 20-1019. Location. (a) Generally. All fences and retaining walls shall be located entirely upon the property of the fence or retaining wall owner unless the owner of the adjoining property agrees, in writing that said fence or retaining wall may be erected on the property line of the respective properties. Such agreement shall be submitted at the time of building permit application. Encroachment into a city easement shall require an encroachment agreement between the property owner and the city. Fences shall not be placed within the public right-of-way. SIGNATURE OF APPLICANT DATE GUIDELINES SAFETY 1. Excavations shall be properly protected and identified by barricades and flags in the daytime, and flares or flashing signals at night, to protect persons and traffic at all times. 2. Barricades to be erected in a manner which will provide suitable visibility in all directions. 3. Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent cave-ins. 4. No guys or stays to be attached to trees on Right of Way. 5. Underground construction must be so constructed as not to harm or unnecessarily destroy the root growth of any trees. _ LIMITATIONS 1. No lugs shall be used on equipment traversing road which will damage the road surface. 2. Work site shall be cleaned up after work is completed. 3. No work shall be done which will create a nuisance. 4. Within 24 hours (Saturdays, Sundays and legal holidays excluded), the permit holder shall notify the municipality issuing the permit and. when applicable, the County Engineer, that such work has been completed and is ready for final inspection. 5. Within ten days after receipt ofacopy of the permit application the City/County Engineer shall notify the applicant of any objection the City/County may have to the application. EXAIWILE, OF EASEMENT JOCK J NT (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this day of , 200_, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). and 1. BACKGROUND. is the fee owner of the property located within the City of Chanhassen, County of Carver. State of Minnesota legally described on the attached Exhibit "A" (the "subject property"). The City owns an easement for drainage and utility purposes over part of the subject property. would like to construct on the subject property which will encroach into the City's easement. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on its easement for the construction, use, and maintenance of the proposed 3. MAINTENANCE. shall be responsible for all costs relating to construction, reconstruction. maintenance. and repair, including snow or debris removal. with respect to the easement area. This maintenance agreement is a personal obligation of and shall be binding upon the executors, administrators, successors, heirs, and assigns of 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City's easement, , their successors, heirs, and assigns, hereby agrees to indemnify and hold the City harmless from all costs and expenses, claims and liability, including attomey's fees, relating to or arising out of this grant of permission to encroach on the City's easement for the construction, reconstruction, maintenance, use, operation, and the like of the 5. TERMINATION. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subject property thirty (30)days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. The property owner shall remove the to the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the and charge the cost of removal back to the property owner. This Agreement shall run with the land by the mutual consent and agreement of both parties or their respective successors and assigns. 6. RECORDING. This Agreement shall be recorded against the title to the subject property and shall be binding upon , his heirs, assigns, and successors in interest. CITY OF CHANHASSEN BY: Mayor (SEAL) AND City Manager/Clerk STATE OF MINNESOTA )- ( ss. — _ COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 200_, by the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporat ►and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 200`, by , a (SEAL) NOTARY PUBLIC PROPERTY OWNER: . STATE OF MINNESOTA ) ( ss. COUNTY OF ) W. The foregoing instrument was acknowledged before me this - day of , 200_, by , a . (SEAL) NOTARY PUBLIC . _ T ____ Y- --,_.- ... THIS INSTRUMENT DRAFTED BY: EXHIBIT "A" Legal Description/Survey of Subject Property