CC Staff Report 9-12-05
CITY OF
CHANHASSEN
7700 Market Bou levard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax 952.227.1110
Web Site
www.ci.chanhassen.mn.us
3
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Lori Haak, Water Resources Coordinator
September 12, 2005 ~ '
McCord/Sanford Wetland Alteration Permit - Planning Case No.
05-22
DATE:
SUBJ:
EXECUTIVE SUMMARY
Request for a Wetland Alteration Permit to construct a boardwalk across a wetland
and place a dock on Lotus Lake on property zoned PUD-R with an area of 1.01
acres, Lot 9, Block 1 Fox Chase.
ACTION REQillRED
City Council action requires a simple majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on August 2, 2005 to :review the
proposed wetland alteration permit. The Planning Commission voted 5 to 1 to deny
the proposed request. The summary and verbatim minutes are attached.
RECOMMENDA TION
Staff and the Planning Commission recommend adoption of the motion denying
the wetland alteration permit as found on page 6 of the staff report dated August
2, 2005.
ATTACHMENTS
1. Planning Commission Staff Report Dated August 2, 2005.
2. August 2, 2005 Planning Commission Summary & Verbatim Minutes.
G:\PLAN\2005 Planning Cases\05-22 McCord-Sanford WAP\Executive Summary. doc
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
PC DATE: August 2, 2005
CC DATE: August 22, 2005
CITY OF CHANHASSEN
REVIEW DEADLINE: August 16, 2005
October 15, 2005
CASE #: 2005-22
BY: LH; DA
STAFF REPORT
PROPOSAL: Wetland Alteration Permit for Placement of a Dock
LOCATION: 6440 Fox Path (Lot 9, Block 1 Fox Chase)
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APPLICANT: Marianne McCord & David Sanford
6440 Fox Path
Chanhassen, MN 55317
PRESENT ZONING: PUDR - Planned Unit Development Residential
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 43,977 square feet (-1 acre) DENSITY: 1.2-4 units/acre Net
< SUMMARY OF REQUEST: The applicant is requesting a wetland alteration permit for the
~ installation of a boardwalk across a wetland to access a proposed dock on Lotus Lake. The
< boardwalk will be permanent to minimize impacts to wetland.
~
~ Notice of this public hearing has been mailed to all property owners within 500 feet.
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McCord/Sanford Dock W AP
August 2, 2005
Page 2 of6
PROPOSALS~RY
The applicant is proposing the installation of a boardwalk from the rear portion of 6440 Fox Path
across a wetland to provide permanent access to Lotus Lake. A seasonal dock will be extended
from the permanent boardwalk at the water's edge to provide boat access by way of a dock.
APPLICABLE REGUA TIONS
Sec. 6-24. Location Restrictions
No dock, mooring or other structure shall be so located as to:
(1) Obstruct the navigation of any lake
(2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized
by this chapter;
(3) Present a potential safety hazard; or
(4) Be detrimental to significant fish and wildlife habitat or protected vegetation.
Sec. 20-404. No net loss.
To achieve no net loss of wetland, except as provided under section 20-416 of this article, or
authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill,
bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type.
Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that
there is no net loss of wetlands.
Sec. 20-405. Standards.
The following standards apply to all lands within and abutting a wetland:
(3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high
water mark or six (6) to eight (8) inches above the ground level, whichever is greater.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of a
wetland alteration permit.
Sec. 20-407 . Wetland alteration.
(a) An applicant for a wetland alteration permit shall adhere to the following principles in
descending order of priority:
(1) A voiding the direct or indirect impact of the activity that may destroy or diminish the
wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its
implementation.
McCord/Sanford Dock W AP
August 2, 2005
Page 3 of 6
Sec. 20-408. Permit required.
Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying
a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a
wetland alteration permit includes, but is not limited to:
(3) Installation of boardwalks.
BACKGROUND
In April 2005, staff was asked by the applicant if they had riparian rights to install a dock. Staff
reviewed the most recent survey of the property on-file (1986) (Attachment 4). The survey indicated
that only the south east comer of the property touched Lotus Lake by a single point. However, no
elevations of the ordinary high water level (OHW) were indicated on the survey.
The applicant was asked by staff to provide a survey with OHW to determine if riparian rights
existed on the property. The applicant provided staff with survey dated May 31, 2005 from RLS
43806 (Attachment 5). The survey indicated that the property does extend past the OHW, therefore,
the property does have riparian rights.
The recorded development contract for the Fox Chase development (Attachment 7) indicates that a
perpetual conservation easement shall be granted to the city over the area below the 900 foot
elevation on Lots 7 through 19, of Block 1, inclusive. The development contract also states that
Lots 16, 17, 18 and 19, Block 1 shall be allowed 1 dock per lot. The dock on Lot 16 may be used by
the owners of Lots 10-16, Block 1. The conservation easement was recorded against Lot 9, Block 1
as part of an "Agreement Pursuant to Planned Residential Development Contract" (Attachment 6).
Based on the documents on file with the City it appears that an 896 elevation was shown on the
plans for the subdivision (Attachment 9). The 896 contour clearly extends onto Lots 8 and 9, Block
1 of Fox Chase; however, docks for these two lots were not discussed during the subdivision
process.
During the subdivision process, the issue of whether docks would be allowed on Lots 10-19, Block
1 was an object of much discussion. Initially, the plan was to have docks only allowed on Lots 16-
19. Through a series of legal discussions between the City and the developer, it was agreed that Lots
10-16 could share a common dock on Lot 16. From the letters and minutes in the files, it appears a
number of residents opposed any docks in this area at the time of subdivision. The major concerns
appeared to be preservation of vegetation, fish habitat and aesthetics.
ANALYSIS
The proposed boardwalk/dock is shown on Attachment 5.
There are six major issues regarding the placement of a boardwalk/dock at this location:
McCord/Sanford Dock W AP
August 2, 2005
Page 4 of 6
Issue #1: Wetland Alteration Pennit.
According to City Code, installation of boardwalks requires a wetland alteration permit. This is to
ensure that any wetland impacts as a result of boardwalk installation have been avoided and
minimized to the greatest extent practicable.
Resolution:
The applicant has applied for a wetland alteration permit. If the permit is not granted, the
applicant will not be allowed to install the boardwalk over the wetland.
Issue #2: Reasonable Access to Lake Lotus
According to City Code, docks and other structures cannot obstruct reasonable use and access to
other docks or structures (Section 6-24).
Resolution:
The applicant has submitted a plan for installing the dock that they feel will best allow
access to both the applicant and existing docks in the area. The applicant has indicated that
they are willing to alter dock placement if necessary to ensure reasonable use and access are
maintained.
Issue #3: Encroachment into Drainage and Utility Easement
A drainage and utility easement is recorded over the rear portion of the subject property.
Resolution:
The applicant must enter a encroachment agreement to install their dock over within the
City drainage and utility easement if the wetland alteration permit is approved.
Issue #4: DNR Penn its
If a boardwalk and/or dock is permitted, all applicable permits from DNR for dredging and/or
vegetation alteration must be acquired. The applicant has a proposed plan that may require the
removal of vegetation and or dredging to gain access to an existing navigation channel that allows
access across to the main part of the lake. DNR is the permitting authority for all grading and or
vegetation alteration below the OHW level (896.3). The requested wetland alteration permit, if
approved, does not permit dredging of the lake or vegetation removal.
Resolution:
The applicant must apply for all necessary permits from the DNR prior to removing
vegetation or sediment from Lotus Lake.
Issue #5: Conservation Easement.
As part of the Fox Chase plat, a perpetual conservation easement exists below the elevation of 900
feet over lots 7 through 19, inclusive, of Block 1. The conservation easement restricts the placement
and erection of buildings, structures, docks and walkways (except as provided in Section 6.03 of the
development contract). The development contract also restricts the alteration of vegetation in any
manner or form within the conservation easement (except as provided in Section 6.03). Exceptions
in Section 6.03 the development contract allow for one dock to be constructed on Lots 16, 17, 18
and 19 Block 1. The dock at Lot 16 may be used by the owners of Lots 10-16, Block 1.
McCord/Sanford Dock W AP
August 2, 2005
Page 5 of 6
Resolution:
Vacation of this conservation easement (as a whole or in part) would be required to install a
dock at 6440 Fox Path. The vacation of the conservation easement to install a dock may
allow for additional dock installation in similar situations.
Issue #6: Riparian Rights
Because the OHW extends onto Lots 8 and 9, Block 1, both lots have riparian rights, that is the
property rights arising from owning shoreline. In this case; however, the restrictions set forth in the
conservation easement supersede riparian rights of property owners.
Resolution:
No resolution is necessary for this issue. If a wetland alteration permit is granted for a dock
on Lot 9, staff anticipates that Lot 8, Block 1, may apply for a dock in the future.
FINDINGS
The rear portion of the lot at 6440 Fox Path is encumbered by a perpetual conservation easement
in addition to a drainage and utility easement. An encroachment agreement would be necessary
to cross a drainage and utility easement with the dock/boardwalk structure. The conservation
easement would require partial vacation, at a minimum, to allow for the installation of any
structure or vegetation alteration within the conservation easement. From the documentation of
the Fox Chase development that staff has reviewed, the intent of the conservation easement was
to limit the number of docks crossing the wetland riparian to Lotus Lake. Lots 10-16, Block 1
that are required to share a common dock, have similar lake conditions (i.e., adjacent wetland,
very shallow and vegetated) as Lot 9, Block 1. The shared common dock was the mechanism
used to give dock access to the Fox Chase lots (10-15) that would have had to cross a large
amount of wetland and a very shallow, vegetated area of the lake.
Permanent structures that minimize or avoid wetland impacts are encouraged where wetland
crossings are necessary. Boardwalks are intended to be permanent structures that provide access
across wetland areas. If a boardwalk is permitted, the boardwalk should be installed across the
wetland as a permanent structure and a seasonal dock should extend from the boardwalk into
Lotus Lake to provide docking for watercraft.
The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running
parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." "Extended lot
lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line
drawn between the intersection of each side lot line and the ordinary high water mark. If the
extended lot lines of adjoining lots overlap then the common extended lot line between the lots shall
be at an angle which equally divides the area of overlap." The dock should be located outside of the
dock setback zone. The current proposed alignment encroaches into the dock setback zone
(Attachment 5). If a dock is permitted, the dock alignment should be revised so the dock is located
outside of the dock setback zone.
Because the applicant's property is protected by a perpetual conservation easement that restricts the
installation of any dock and/or removal of vegetation, staff is recommending denial of the wetland
alteration permit.
McCord/Sanford Dock W AP
August 2, 2005
Page 6 of 6
RECOMMENDATION
,Staff The Planning Commission recommends that the Planning Commission City Council adopt
the following motion:
,
"The Planning Cornmissiol'l recommends denial of City Council denies Wetland Alteration Permit
#05-22, for a boardwalk across the wetland at 6440 Fox Path, based on the findings of fact in the
staff report."
Should the PlaRning Commission City Council choose to recommend approval of approve
Wetland Alteration Permit #05-22, staff recommends that the PlaRning Commission City Council
adopt the following motion:
"The Planning Commission recommends approval of City Council approves Wetland Alteration
Permit #05-22, for a boardwalk across the wetland at 6440 Fox Path, with the following conditions:
1. The boardwalk shall be installed across the wetland as a permanent structure and a seasonal
dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft;
2. The applicant shall enter into an encroachment agreement with the City for the installation of
the boardwalk across the drainage and utility easement.
3. The conservation easement shall be vacated for the length and width of the proposed dock
structure; the remainder of the conservation easement at 6440 Fox Path shall remain intact.
4. The dock shall be located outside of the dock setback zone and shall not obstruct reasonable
access to or reasonable use of other docks.
5. The applicant shall obtain all permits required by the DNR for dredging and aquatic
vegetation management prior to commencing such work below the ordinary high water level
of 896.3, should such permits be found to be necessary."
ATTACHMENTS
1. Findings of Fact.
2. Development Application.
3. Affidavit of Mailing and Public Hearing Notice.
4. Survey for 6440 Fox Path, dated September, 11 1986.
5. Survey for 6440 Fox Path with proposed dock, dated May 31, 2005.
6. Agreement Pursuant to Planned Residential Development Contract.
7. Fox Chase Development Contract.
8. Aerial Photo of 6440 Fox Path.
9. Planned Fox Chase Subdivision "Exhibit A".
10. Letter from T. Meier to Chanhassen Planning Commission, dated July 27, 2005
11. E-mail from J. Lyon to L. Haak, dated July 29, 2005
G:\PLAN\2005 Planning Cases\05-22 McCord-Sanford W AP\McCord_Sanford CC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE:
The application of Marianne McCord and David Sanford, 6440 Fox Path
Planning Case No. 2005-22
On August 2,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Marianne McCord and David Sanford for a wetland alteration
permit for the placement of a boardwalk across a wetland.
The Planning Commission conducted a public hearing on the proposed development which was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1) The property is currently zoned PUDR, Planned Unit Development Residential.
2) The property is guided by the Land Use Plan for residential, low density.
3) The legal description of the property is: Lot 9, Block 1, Fox Chase.
4) The subject property is located on Lotus Lake.
5) An ag/urban wetland is located on the subject property between the primary structure
and Lotus Lake.
6) Section 20-405 of the City Code stipulates that access across a wetland shall be by
means of a boardwalk and only upon approval of a wetland alteration permit.
7) Section 20-408 of the City Code requires a wetland alteration permit for the installation
of boardwalks.
8) The planning report Planning Case No. 2005-22, dated August 2, 2005, prepared by
Lori Haak and Donald Asleson is incorporated herein.
ACTION
The Planning Commission denies the wetland alteration permit request for a boardwalk across the
wetland at 6440 Fox Path.
ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005.
CHANHASSEN PLANNING COMMISSION
BY:
VIi Sacchet, Chairman
g:\plan\2005 planning cases\05-22 mccord-sanford wap\mccord_sanford findings of fact.doc
Planning Case No. 0 S -~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
elTV OF CHANHASSEN
RECEIVED
DEVELOPMENT REVIEW APPLICATION
JUN 1 7 2005
emNHASSEN PlANNINGDEPT
~
Contact: 11 tu' J"-u. ettte.
Phone: 470 - ~ f & I Fax:
Email:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
Variance
Non-conforming Use Permit
X Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign** - $75 + $100 Damage Deposit
Site Plan Review*
X /~crow for Filing Fees/Attorney Cost***
. ~~~O.CUP/SPRN ACN AR/W AP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ ). 00 . bO
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to
the public hearing.
* Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet
along with a diQital copy in TIFF-Group 4 (*.tif) format.
** Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of
completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval.
*** Escrow will be required for other applications through the development contract.
Buit&mnm~terial samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
ICANNIO
PROJECT NAME: 1?lJa+ 7)0 ck
LOCATION: LtL/Lfo Fe-!- p~ I ~qc;~
LEGAL DESCRIPTION: L-? + 9 J (!; / D d.L II ~ ~ ge.....
, - ./
C '-xv 4 { tJU.Yt <-:J ,m,' iW'<e. sm- u..-
TOTAL ACREAGE: L{?;.} q77 51- f-t.
X YES
WETLANDS PRESENT:
NO
PRESENT ZONING: "
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REASON FOR REQUEST:
!JJtf/~s
REQUESTED LAND USE DESIGNATION:
(L-e-~ Lt {Ii +
lJ2a)ktu~
&f. ~ t-es 'S ()71f-v Lo fu.s L-~
<t boa dock
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am" making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~M-~
If !?!05
Date
Signature of Applicant
~~
~gnature of Fee 0 er
&/?~~
. Date
ICANNED
~/a'm&>rTns\Deve'opment Review Application. DOC
Rev. 4/05
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTYOFCARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July
21, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of Public Hearing for
McCord-Sanford Wetland Alteration Permit - Planning Case No. 05-22 to the persons
named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses of such owners were those
appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by
other appropriate records.
Subscribed and sworn to before me
thi~ day of 0 LL l~
~~~.~~
Notary Pu .
I
,2005.
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission Expires Jan 31. 2010
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Lotus Lake
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depletion of geographic features. If errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided.
<<NAME1 >>
<<NAME2>>
<<ADD1 >>
<<ADD2>>
<<CITY>> <<STATE>> <<ZIP>>
Lotus Lake
Disclaimer
This map is nelther a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distan.ce or direction or precision in
the depiction of geographic features. II errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided.
<<Next Record>><<NAME1>>
<<NAME2>>
<<ADD1 >>
<<ADD2>>
<<CITY>> <<STATE>> <<ZIP>>
Public Hearing Notification Area (500 feet)
McCord/Sanford Wetland Alteration Permit
Planning Case No. 05-22
6440 Fox Path
City of Chanhassen
Subject
Property
Lotus Lake
KEVIN A & LEANNE M BENSON
620 PLEASANT VIEW RD
CHANHASSEN MN 55317
FRANCIS N CRISMAN &
LINDA M WOOD
6360 FOX PATH
CHANHASSEN MN 55317
GEORGE F & JANET M DEAN
6400 FOX PATH
CHANHASSEN MN 55317
SEAN & MELINDA FITZGERALD
630 PLEASANT VIEW RD
CHANHASSEN MN 55317
KAYLA A HANUS
820 FOX CT
CHANHASSEN MN 55317
KEITH M & MARY BETH HOFFMAN
6470 FOX PATH
CHANHASSEN MN 55317
JAMES D HUDSON &
CAROLYN SUERTH
6541 FOX PATH
CHANHASSEN MN 55317
STEVEN P & KIMBERLY A LA TTU
840 FOX CT
CHANHASSEN MN 55317
TODD R MAGILL &
KELLY N PIEROPAN
660 PLEASANT VIEW RD
CHANHASSEN MN 55317
WILLIAM P JR & ANN K MILLER
6561 FOX PATH
CHANHASSEN MN 55317
JOHN P & DEBRA L BREEDLOVE
860 FOX CT
CHANHASSEN MN 55317
WILLIAM P CUNNINGHAM
865 PLEASANT VIEW RD
CHANHASSEN MN 55317
ROBERT J DORAN
788 LAKE PT
CHANHASSEN MN 55317
ROBERT & RENAE FROEMMING
6411 FOX PATH
CHANHASSEN MN 55317
THOMAS R JR & MELANIE SHARER
796 LAKE PT
CHANHASSEN MN 55317
JAMES P & NANCY FORD HOOPES
6511 FOX PATH
CHANHASSEN MN 55317
JON ALAN KLOSTERMAN &
MARGARET CODY KLOSTERMAN
6471 FOX PATH
CHANHASSEN MN 55317
CHUNYI L1N &
YANFANG CHEN
800 FOX CT
CHANHASSEN MN 55317
MICHAEL L & REBECCA MCMILLEN
880 FOX CT
CHANHASSEN MN 55317
CHARLES S MORIN &
TANYA M SREPEL
6401 FOX PATH
CHANHASSEN MN 55317
REBECCA CLAIR CHUVA
6521 FOX PATH
CHANHASSEN MN 55317
SAMUEL G & LAURIE J CURNOW
TRUSTEES OF TRUST
650 PLEASANT VIEW RD
CHANHASSEN MN 55317
GREGG A & DIANE M ELLIOTT
6551 FOX PATH
CHANHASSEN MN 55317
CRAIG N HANSEN &
CLAUDIA J GIESKE
6430 FOX PATH
CHANHASSEN MN 55317
MICHAEL & DEBRA HAYDOCK
6460 FOX PATH
CHANHASSEN MN 55317
THOMAS M & SUSAN J HUBERTY
6450 FOX PATH
CHANHASSEN MN 55317
MICHAEL R KROLL
6410 FOX PATH
CHANHASSEN MN 55317
JAMES M LYON
890 FOX CT
CHANHASSEN MN 55317
THOMAS A & JUDY R MEIER
695 PLEASANT VIEW RD
CHANHASSEN MN 55317
CHARLES W & MARJORIE K NAGEL
6340 FOX PATH
CHANHASSEN MN 55317
THOMAS R & ANDREA L NARR
6431 FOX PATH
CHANHASSEN MN 55317
CHARLES R & JUDY L PETERSON
708 LAKE PT
CHANHASSEN MN 55317
GARY J SCHNEIDER &
CYNTHIA CALHOON SCHNEIDER
640 PLEASANT VIEW RD
CHANHASSEN MN 55317
DENNIS M & ANN E SULLIVAN
6421 FOX PATH
CHANHASSEN MN 55317
KEITH R & BARBARA C THOMAS
6380 FOX PATH
CHANHASSEN MN 55317
DENNIS ZHU &
ZUO ZHI
716 LAKE PT
CHANHASSEN MN 55317
NEAR MOUNTAIN LAKE ASSN INC
610 PLEASANT VIEW RD
CHANHASSENMN 55317
RODNEY H PETERSON JR
6571 FOX PATH
CHANHASSEN MN 55317
GEORGE T & PAULA J SOUKUP
6441 FOX PATH
CHANHASSEN MN 55317
JOHN P & JANE THIELEN
665 PLEASANT VIEW RD
CHANHASSEN MN 55317
TERRY D & DEBRA L VOGT
732 LAKE PT
CHANHASSEN MN 55317
CHRISTOPHER S PELLETIER &
JAMIE L GRIVICH
6420 FOX PATH
CHANHASSEN MN 55317
DAVID B SANFORD &
MARIANNEM MCCORD
6440 FOX PATH
CHANHASSEN MN 55317
MICHAEL A & JANET A STANZAK
724 LAKE PT
CHANHASSEN MN 55317
BEVERLY H THOMAS
745 PLEASANT VIEW RD
CHANHASSEN MN 55317
CHARLES A & PAULETTE M WALL
6381 FOX PATH
CHANHASSEN MN 55317
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AGR,EEMENT"P~SUANT TO. PLAmtED RESIDENTIAL
DEVELOPMENT CONTRACT
THIS AGREEMENT is made and entered into by and be.tween
t~eCi tYQf:.Cl1.ann~~..I?~,1.1i,>a.. M~np.g$pt'l.l1U.1nici.pal corp9~atiop;.{t,l1e... .
"C,ity") ,Zachary D~velopi:neritcorporation, a corporation Wider ......
the laws of the State of Minnesota ("Zachary") and James M.
Zechmann and Susan M. Zechmann, husband and wife (the
"Zechmanns").
The property located in the County of Carver, State of
Minnesota, legally described as Fox Chase, according to the
plat thereof on file or of record in the office of the Carver
County Recorder, is subject to the terms and conditions of that
certain Planned Residential Development Contract dated July 20,
1983, recorded August 5, 1983 as Document No. 60123vtn Book 61
of Miscellaneous Records, Page 477, hereinafter referred to as
the "Developers Agreement".
The Developers Agreement provides for the granting of
a perpetual conservation easement for environmental protection
and wetland conservation over those areas of Lots 7 through 19,
both inclusive, of Block 1, Fox Chase, which lie below the
elevation of 900 feet.
In connection with the Conservation Easement (as
defined below), the Developers Agreement a.~v ~~~vides for (1)
the futur9 erection of a dock on Lot 16, Block I, (which lot is
presently owned by the Zechmanns) to serve the owners of Lots
10 through 16, both inclusive, Block 1, Fox Chase and (ii) the
granting to the City of a public trail easement.
The undersigned owners of the affected lots i~ the
plat of Fox Chase, in order to comply with the terms and
conditions of the Developers Agreement, do hereby grant and
convey the following easements:
Conservation Easement. The undersigned owners of
affected lots in the plat of Fox Chase do hereby grant to the
City of Chanhassen a perpetual conservation easement (the
"Conservation Easement") for environmental protection and
wetland preservation over those areas of Lot 7 through 19, both
inclusive, of Block 1, Fox Chase, which lie below the elevation
of 900 feet (the "Conservation Easement Premises"). The
Conservation Easement Premises shall be subject to the
development restrictions applicable thereto asset out in
Section 6.02 of the Developers Agreement.
Dockaqe Easement. The Zechmanns do hereby grant a
perpetual non-exclusive easement (the "Dock Easement") for
purposes of constructing, maintaining and using a dock for the
- 1 -
6799R
jpage I of /4
.r;-e~iJ..z!(.,P'Y"( / ?'/cf,.f"r.-<:.,-.( Ld!;~f'!:;'.-.
Pages
~1~~~"~(i!illfJlllf!I~~i~ft;~~i~w'f;~:1.
i;i/ DeV:~~~l>~rsAgreement~ . ..
;%~t~;;;;llllitlllllllf'l!tiIJ'~f"
;;;';:i:;:~\:>> U;'{u.1JY;",iiEiscribed on attached Ex.hibit A (the "Public Trail").
Conformance with ,Developer's Aqreement. The City
acknowledges and agrees that this Agreement will be deemed to
conform to and satisfy all requirements of the Developer's
Agreement relative to the creation of the conservation
easement, the provision for an easement for dockage purposes,
and the easement for public trail purposes described in the
De,vel,oper's Agreement.
Runninq of Benefits and Burdens. All provisions of
this instrument, including the benefits and burdens, run with
the land and are binding upon and inure to the benefit of the
heirs, assigns, successors, tenants and personal
representatives of the grantors and grantees and their
respective invitees, but may be amended without consent of the
owners of any lot or lots not directly affected by the
amendment. The consent of the City of Chanhassen to any such
amendment shall, however, be required.
Construction. The rule of strict construction shall
not apply to the grants of easements contained in this
instrument. The grants contained herein shall be given a
reasonable construction so that the intention of the parties to
confer a reasonably usable right of enjoyment on the respective
grantees is carried out.
Counterparts. This Agreement may be signed 1n
counterparts.
In witness to this instrument, the parties ~ve caused
this instrument to be executed as of the 31s day of~ '
1987.
:~(: .
1.
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- 2 -
i6799R' .
of 14
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Eiden Construction, Inc., (owner
of Lot 10, Block 1. Fox Chase)
~ ~1
.../ . .
By: .' tV
Its: . - . =Pr-~
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
. 1/..JlThe foregoing instrument was ackno ;;ted ed before me
this LU:I'fday of .!/ec7Pi"Yl})r'r. 1987. by - .n -
and respectively 0 Eiden. nstruction,
Inc.. a Minnesota corporation on behalf of said corporation.
~. 1/ /J
. -e:--.rc..dA...-- ~---t: .~..__L
No'fary Public . .
.flmlo 9<1e1
NOTAllV 'UBlIC_",lNNEsorlo
CARVER COUNTY
~v _~m!,~!.o!: ,,!,?!r!, _ ~~:?! S
~~___________,..__ ____ow
THIS INSTRUMENT WAS DRAFTED BY:
Fredrikson & Byron, P.A.
1100 International Centre
900 Second Avenue South
Minneapolis, Minnesota 55402
6799R
- 3 -
Page a
Pages
of /4
II, 12/ 13,
20, Block I,
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
~The foregoing instrument was ackno}iledged b ore me
this ~ day of ~~ , 1987 by ^,qR,R, . f.<<
the ~ ~T~ ~~~./ of Zachary Deve opment
Corporation, a corpor~ion organized and existing under the
laws of the State of Minnesot~, 0 behalf of said corporation.
8 LYNNEM.~
tffIrllflPWUC - ..
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- 4 -
6799R
Page _~
C1 -.J!i- Pages
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STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
4A~he ~t was acknowledged before me
this~-day of , 1981 by James M. ZecrJnaun and
Susan M. Zechmann, husband and ~~~ ~~
l!ary Public ·
- 5 -
6799R
Page ,.' ~
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" , M[~;Ll;$"_ ~:'N;ational ,~ank!ng " . -- ',';', ,',"
,,' 'As~~<;~a(tai)P:.~" ,M~J:'t;gagee.: o~ 'that" " " .,"~:, ;,:,-.;"",
"'.ce~t~ij:'/',.,:(if:;tgag~,..'dat~c;l,'Apri121;' :,," 'i}h:;};f~J.
1987 Recti,t-dedthe Ill'!! day' ..';i".,J
of ~. , '1987 as Doc\UOeI:lt
No .'if"~~3 . '," .
(Owner of Lot 9, BI, Fox Chase)
.........\ .:.
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By:
Its:
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By:
Its:
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
~~ The for~going instrument was acknowled
this ~S"'P day of l'tft/,If,-'l'1v{..A../ , 1987 by ~
and - ,the . u~
and , respectively of National City
Bank of Minneapolis, a National Banking Association on behalf
of said National Banking ASSOCi<1i~ '.J'-
~ft1-' )71 ~~-7..ffi'Y J
Nota'ry Public, / ~
cynne /h Lc?.-'n,'11 4f. 'r , /
)/If tI . - U.J:U'tL-;7 I/!I.J.!" 3
r lug- ....:.rn,(/Y/'.A,,v.U-n- if
6799R
- 6 -
~,;,'." ,..
~E
L4Pawn M. Williams (Owners of Lot
17, Block 1, Fox Chase)
.':'::,":::::-:,,\
\.
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me
this 21n9 day of December , 1987 by Bradley J. Williams and
LqVawn M. Williams, husband and wife.
i
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rQ;"":~~i'U~;;~~~~;-'
t ~ NOTARY PUBLIC MINNESOTA ~
~ ~ WRIGHT COU"''TY ;
; M'I Ccmmissior Expires Nov. 24. 1992 ~
~.~#"_###'#~H~_~
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: ' {L~~c U. u.Y(J!.i2u/
Notary Pu lie
7 -
6799R
Page _ '1
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Peges
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-
L1nda K. Ring OWners of
18, Block 1, Fox Chase}
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
". The fo~ument was acknowledged before me
this / t - day of , 1987 by James E. Ring and Linda
K. Ring. husban and wife. ~G<- a. ~
Not Public.
I .NNNlNINW& ~~~~.~~~~.wAY4'I.
.J! NOTARY PUBUC. MI'-
.. . DAKOTA COUNJY
My Commission Explll$ -. U. J990
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':. .
6799R
- 8 -
Page g
~ \:1;.1;1:
Pages
- -.. .....-.. -.- '-..-:,:"
The City of Cl1anhass~n, aMiiuies~t~ 'Municipa~corporation, does
herebyconseIft to the foregoing ip,strurnent and ii,Gknowledges
that the same conforms to and satisfies all reqt,lirements of the
Developers Agreement, as that term is defined in the for go['n
instrument, relative to the creation of e Conservatio
Easement, an easement for a dock, . a ,jas ments ftr"a tr.... is. .
~. ~t!.
Its: ~ .
~. dl,- ...~
(].~ ~~ 4. V-
STATE OF MINNESOTA)
)ss
COUNTY OF CARVER )
"':"'-':"- '
The foregoing instrument was acknowledged before me
this 3o-tJo day of ~ , 1987 by~~. ~ ~ +-
1:i:l:e ~~ ~Of the City of Chanhasseri, a
Minnesota Municipal corpor tion on behalf of said corporation.
6799R
drfj
e KM~EN J. ENGELHARDT
NOTARY PUBLIC . M,N~,[SOTA
'. CARVER COU'ITV
. My c:cmm155ion ".p!,,,s 10-16-91
- 9 -
Page _ 9
/,1 ~~"'es
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o~n B .ri~wey ....
. yUu R.
Sherrie R. Dewey,
1. Fox Chase)
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
, Block
~ The fore~ instrument was acknowledged before me
this '2.- U day of --"3KZ-, 1987 by John B. Dewey and
Sherrie R. Dewey, husband and ~~~ 4- vY\ ~
Notary Pub ic
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- 10 -
6799R
Page If).. of /1/ PS9es
".1.,
"7
f\u.d.("'t.'1
19, Block 1,
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
. The foregping instrument was acknowledged before me
this ~?Y, day of~e.......~. , 1987 by Lowell R. Frost and
Sharon Frost, husband and wife.
", ~LM\ 'VI ~
N;t' y PIc
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, f,:::Ra,/I C#. ,-:/:[""1 t
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- 11 -
6799R
Page -11
01, {.if..
Pages
l^--L.- .'
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
1_ The fo eg ing instrument was acknowledged before me
this \.P day o' , 198" by Mark D. Lecy, President
of Lecy Construe n, I ., a corporation organized and
existing under laws of the State of Mi.nnesota, 0 behalf of
said corporation.
8"'1 Jor7~~:.rm
HENNEPIN COUNTY
III Q...' . -1i!IIIlRI Nov. tt" 11113
- 12 -
6199R
Page I~
01 _ /JI-_ Pages
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
/ The foriboing instrument was acknowledged before me
this 12- day of ~~ , 1987 by Barie P. Fritz and ~
a...ll t'''' I'd 1>8, husband ,and wi ~
J.--m ~J
o y Public
LV h fU. /h. Le-A /t tL/..4,,:
rn. y & /PI. frt/SSI"'/f. -e>q:>fY<' j I//(~ Ji3
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- 13 -
6799R
Page J.~ of /4 Pages
EXHIBIT A
Legal Descrip~ion of Public Trail
A permanent easement for trail purposes over and
across the easterly fifteen (15) feet of Lot 20, Block 1, Fox
Chase, and the Southerly ten (10) fget of Lot 19, Block 1, Fox
Chase, according to the recorded plat thereof, Carve4 County,
Minnesota.
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
Filing Fee" IIo/.fio
This Is to certify that this document
wa~}~lctd In this office on the..attay
of ~. 19..3.L.A.D.at~0'clock
U6\.0. M. and was duly recorded as
document no. 93995
CARL W. HANSON JR.
,O.t . County Recorder
by: p~ ..~~ · JArP ,.
M_I G_G__
- 14 -
..67~~R
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CITY OF CHANHASSEN
f>LAllNED RESIDENTIAL. DEVELOPMENT CONTRACT
PLAT OF FOX CHASE
DERRICK LAND COMihANY
:GREE.MENT, Made and enter'cd into this ;.:ll..~" day of
;::::Lc.A. , 1983, by and be LWc~l~n DEHIUCKLAND COMPANY, a MiDhe-,
s,ota rporation, (hereinafter n~f(~rred to as the Developer)' ,and
the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein-
after referred to as the City);
WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. ~462.358 ('md oUwr' i!ppJj('Ld)I(~ st,i.lte laws, and the DcvplolwC
in consi.d(~rati()n' of the rnu LUill ('ovc'II<\IlI~; Imr'e in conta'j rH:~d, re(~tt,e
ilnd uyree as follow~:
SECTION 1. HEqUI'::S'1' VUI{ J' LJ\'i J\I" '!(UV I\L. Till' IJeveloper' has asked
the Ci ty to approve a plaT"'()f"T~i'I'('i 'Z;'wil(;;cr'by:
1.01.
Derr.j ck Land CUfl\pdny, !\ MInnesota Corporation ,fee
owner;
1.02.
,W i J flId C
1'l1()IllP:::;OI1, !Vlor.tqd~J(::e.
To be known as F()x C!Jd:,.' I,,;. :,;e; n~I":'r>tt'd Lo il; th:is Agreement as
the. II'Plat ".) .., ::,ucl) bl' II ,q '(I. q,; ! [yd\:StTibed as shown on the attached
Exhibit "A" which J'.. ~ll.tl'lll 1Il.ld(' ,:1 pari hereof.
SECTION 2.0
HE(:': T^L.~:.>.
!::~?~~~h.C)Se_"f,),r.;~~~!~~! ni:~'X._J~e\1elQPment. plan andPrelirtli-
nd ry 1'1 at. Thc'!)eve 1 OpCr' is the fee owner of a tract
"(iT' 1. -a-i'HTTy trIg wit,hi t1 U'H' City, asrtlore particularly
described on Exldbj l. "A" aLL;\ched~J('n.'tp and rnadeapart hereof
(here:inofter' the "Subject. Propt.rly" '.Jr "Plat"). The. Developer has
h'eretofol'e Illode clpplJ('dt.ioll to Uw III y unclerthe City Zoning OrcH..
nance for' theapprovcdofa p... I f:'! ,11\1I1:'1! HC'sidentialDistricLenc;()ItI"
pa.ssin~l all of thE-' suLJec'Lpn'>l'('!")i,
2.01.
SECTION :'~.
_-:....~-..-.....-._.~.
______~._~....._______._.---v.._~..,..._ _,___.___ .__",__
CONlJi T 1 ON~, UF PLAT !\PPH(lVA!,.
. The Clty haE.appr'oved or.(H1r'l'ed.to dPprove th<= plat on.coTldL-'
tions (l) '1'het t.he Developer enLI.r J nLothis Development C.ontrClct
(2) t,hat the Ul}vi~loper' pruvlde.Ui If'revocf.lhlej,etterofch~dii:,
or' cdsh eSCTOW (d~; ~,;t'i, fur'l h in S('('Lions7.01,:7.02, 7.03 and B.l'n
( ,. Security II)., . g,Ut:l.l'dI11" t:'(,~ I till t ll(, p('t'J.'orrrli~nceofi~hYiit<=rms. o.f
Development. Contrnct. ,me'! 1':;(1 qUiwanteeing the payment ,)1
structioJl ('osLs of II,.. IIIIJ')\JUIil"'nL. A letter of cred:i.l lIIiJV
mttLed fur' a one ye.H pf'! ;,)d 1,( tirr[(,~with the provision tha
shalJ be !'('lIewed ell. tlH, vlld of the eleventh rllonth for any illlJ.H'OV('
ments yet to be sat.isfi-wtol j JV (,olll~Jetedahd accepted byLhe City,
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R.7/19/8~S
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Failure to furnish a new letter of credit at least thirty (30) days
before the posted letter of credit lapses shall be deemed a condition
of default and the City may obtain all monies posted under the exis-
ting lette~ 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 fo1-lowihg
publ ic improvements (hereinafter the "Publ ic Improvements"), . in
accordance with the Plans and Specifications described in ~'~.02
below as modified by the Special Conditions set forth in Section
5 hereof: .
a. Street grading, stablilizing, and bituminous surfaoing
and wear sur race
b. Surmountable conct'ete curbs and gutters
c. Sanitary sewer m~in5
d. Waterufains
e. Storm and surfaqe water dr'ainage and retention ponds
f. Street sign~
g. Underground uti11ty lines
h. Street lighting I"
i. Grading including be~m constructiOri
3.02. Final Plans and Specifications. The Developer shall
pr"ovide the City'W1t.h final pleins and sp-ecifications. including'
a (lnal grading plan, prepared by a registered prof~ssionalengin~er,
\iI/hich plans and specifications shall be subj ect to the final review
and written approval of the e'l ty Engineer. Substantial changes in
said plans and specifications shall be referred by the City Engineer
to the City COl,lncil for approval. Said plans and specifications
are hereby made a part of this agreement. Developer shall notrtlake
or permit any changes, variations, omissions or additions to City
approved final plans and specifications without: the wri tten approval
of the City Engineer prior to any such change, variation, omission
or addition.
3.03. Standards of Construction. Developer agrees that
all of the public improvements shall be constructed and installed
in accoy'dance wi ththe aforesaid City approved plans and
spec i ficat ions. and that said improv~fl.l,Etl?lqSstlallequalor e}{.ceeq
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-making of said public improvements and all of the
work performed ih connectiOn therewith shall be of uniformly good
and workmanlike quality. In case any material or labor supplied
shall be rejected by the City asdefectiveorul1$uitable, 'lib en such
rejected material shall be removed and replaced with approved
material, and rejected labor shall be done anew to the satisfaction
and approval of the City at the cost and expense of the Developer.
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3.05. Staking, Surveyingarl.d Inspection. It is agreed
that the Developer, through his engineer', shall provide for all
staking, surveying and resident inspection for the above described
improvements in order to ensure, that the. completed improvements
conform to the approved plans and ,specifications. The City will
provide fqr general inspection and shall be,notified of all tests
to be performed. It is agreed that tre.. estimated cost of such
improvements, including reasonablechal"gesc>f' the City for legal,
planning, engineering services, including inspection, supervision
and administration costs, shall be inclu.dedin the total cost of
all improvements for purposes of compu.ting the amount of the financial
security to be furnished to the City by the Oeveloper pur$uantto
the terms of this agreement.
3.06.
Completion Date 3ndSch~dule of Work.
H. It h; a~Jr'eed by t.ltu L>(~ve toper' LlliJ t: Lhu cun:; true l. ion
of tllu public dlld pt'lv..!... illIIH'lIVCIIII.tll.:.j ~ill"ll t'UlillllltH~C!wIL1lltl
Lwo (2) year's of the Li.1inyof the findl pldL dt the Cilnfer'
County Courthous\;~ and thot d.ll pl..IbUc impl'ovenlcrll,:;: shall bl~
completed withiri two (2) years of said plat filing.
b. The Developer or his 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 constr'uction woy'k. Upon corr'pletioh of.. sewer
and w.ater lines shall be tested in aCCOrdance ltJith the testil)g
procedures that aY'e r"equired by the City Engineer'. Within th:i,.rty
(30) days after ~ompletj<;m of the improvements, the Developer
shall supply the city with a complete set of "l-\s Built" plans.
c. Final approval and acceptance of the project shall
take the form of q Resolution duly'passed by the City _Council,
on the advice of - the City Engineer. Final approval and accep'-
tance shall be granted upon the Gity Engineer's satisfaction
pursuant to Sect lon 3, OB andst;lallbeconditioned upon the
one year guarantee of work and guarantee bond set forth in
Section 3.15 hereof.
:3.07. . Claims for Work. 1'he.neve1()per shall not do al1:y
work ()r---EUrnish any materialsnotcoV~.t;~d.bYithe plans andsPrsi_fiqa--
ti ons and special condi t lonsC'f t~isi'~~~~(a(tlent,forwhich J:'eim})Urs'e-
men-t is expected from the City, unl(asssl.lCh work is first ordered
in writing by the City Engineer as provided in the specifications.
Any such work or mat.erials whichltlaybe doneorifur-
nished by the contractor, wi'thout, such written order first being
given shall be at his own risk,.. cost,and expense, and he her'eby
agrees that without such writtel'1c>r~el"~,~r'illmakeno claim for
cornpensation for work or mater-ialssotlone or furnished.
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3.08. Final Inspection. Upon completion of all the work
required by theCi ty Engineer ,an~presen~<;.ttiv~ of the, contractp!:"
and a representative of the Developer's engineer will make a final
inspection of' the work. Before fil1alpayment <is made to the contrac-
t'or by the Developer, the City Engineer shaIl>be satisfied that,
all work is, satisfactorily completed in acqordance with the approved
,plans and specifications; and the Developer's engineer shall submit
a written statement attesting to same..
3.09. Ci ty 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 Devoloper" s ctml:ractor or uub,
contrilctor, mater'ial men, laborer'S Or' any other' per'scllt or' per'sorlr;
whomsoover', for any Clili.lI\, d('llliH1CI, d.llllllqt~~;, ilcLi()n~; llf' C"lj~i\~:; or
i.teL lon of !.IllY kind Of' clldr~dctur' I,H'UiilllJ ()lIL ut i.H' by n:d~ionot tile
eXecution of this tlUr'l;!OIlIOnL or' Ull.! IHn'rot'II"I/T\~\'''lld "Ullllllt~Lloll or
the wur'k und the :lrnlH'ovements pt'oVlded IH~reln, and thdL LheI)qvt.doper
shall save ,t.he City harmless from all such cldirns, demands, damages,
actions or causes of actions or the' costs disbursem,ent;s, and expenses
,of do fending 'the Si'.une, specificallY including, wiLh()UL .i.nLending
to .1 imi t:; the categories of said costs ,cost and expenses for City
administrative time and labor, costs of consulting ehgineering ser-
vices and costs of legal services rendered in connection with defen-
ding such claims as may be brought against the City.
3. l(~ Erosion Control'. Developer,.. elt its expense, shall
provide temporary and permanent dams, earthwork, retention andsedi....:
mentation basins, and such other practices including seeding of
graded al'eas, as shall be needed in the judgment of the Cit.yEngi-
neer ,the Hi ley Purgatory Greek Watershed District, the U.S. Corps
of Engineers, and the Department' of Natural Resources, to prevent
the washing, flooding., sedimentation and ~rosion of .lands and r'oad
within and outsicte the plat during~ll phases> of construction, ,inclu-
ding construction on, Indi vidual lots . Addi tionally ,the Developer
shall comply with all conditions of the grading and land alterat:j.on
permits from the Hiley PurgatorYCr~ek ,Watershed District, '. theU,.S.
Corps of Engineer's, the DepartmentO:f<NaturalResources .approy~l,.,., ,<'
<lnd all of the recommendations()f~lt~U.S.Sqtlcon~ervatio;n.8~it;Vice
U1 its, reports to the extent;col1pi9~~n.t,,~~:[.th~he, r'~qui remel1'tsio;f
other regulatory agencies .'thefol1()Wingminirnurn restoration-require"-
ments shall be met. The City Eng':lneer shalldeterrnineif apy',other
<;lgency requireme.nts are more explicit qrrestrictive;anowi.tYiiia.t
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 w()rk in that(1re<3..l.)),Se~d spall t>~, rye9'r<:i~s< ,.
Or other fast growing seed to provideatempor'ary ground cover as
rapidly as possible. c) All. seeded rireas shaIl,pe mulched as neces~
sary for seed retention. " 'j
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A plan consolidating all applicable conditions concerning construc-
tion . grading and drainage shall be .' s.ubrni~t~d,t()Cj.r1dapprOv~d by
the City Engineer prior to commencement of any work.
3.11. street Lightinq. . The expense of . furnishing .electrical
energy for street. lighting purposesshall<beassurnedpythe City
twenty-four (24) months after cornpletion.()finstC'.\~latj_or;/o.fthe
street lighting system, or after fifty percent (50%)oftl)ebu.ildin'l
lot:s have been illlpr'oved by the constr'uction of residerH.::esthercof,
whicheve~ is first to occur.
~12. Conveyance of Irnprovemerits. Upon cO/llpLetiollof the
installation by Developer of the impr'ovelllents setfbrthin113. 01
h(~reof i.n accordance wi th the p [dUB drld spec i fica L i. oris herbuIlth'I'
and the wri. tten appr'ov"ll by Lh(~ C d.,y if not prey i.(HISI V dedfc:cll,I'<1
ill 1.111' r in,d pJ.d., 1I"vI'lolII'I' :;/,,,11 ('())IVI'Y IIII' IdUl1 ,Hid ::'lidii'i11'1 '.'V"
lIll!IIL:; to th(~ C i. Ly I I'(~(! of ,111 Ii cli:i "lid ':II('llI111H'clrlC('~;dtHlwil.ll\l-}oI1
,r'dlll.y ()f Ii 1.1,1: PI"':;II"IJI "f! 1.:111 f)( :;,,1\, ..I Wi;\'I'dll1.y li"l!cl;":.-'.",,,I,.
able. Should the DC'V'eloper'(dd to so convey said irnpcovements,
the silme stw 1,1 become the rH'oper'Ly of the City wi thotl tfrH' Uwr t\d l i,','
or i3ctior1 on the pdrL of eithc'r' parLy h(~cet.o, ol.h<'I' theln Llcbepl:cIT\('"
by the City.
3 .L5.
.t\uildi~9--Eerr~1.i. tS"._.~r.2d _Qccupancy Perrni Ls.
a. Prior to completion of l:ht~qcadi,nCJ.ll\d pldcernenL
of cock s tabi li L',inq ma ter~i als for coact cons true L10r1 within
the plat, the City" Ru i. l&inq Inspect:or, wi. th the.-IPP roval of
the City Enq ineer, shall be au thor' i zed to issue bUt Uhrrg perm i. t"
for residential construe t ion within suchpli1tupon payrnent
of d.llfees and char'ges. applicable to the issuance of permits
and provisions for adequate site aCCesS.
b. The occupancy of any structur'e within said plat for
r'e~adential purposes shall beprohibite~ by-the Gityuntil
the streets .have been paved with a It .inch base pitu.rni06us
surface or' CL5 if approved by the Ci.ty Er;gineer, .rnuntcipal
san~l tary sewer and water l.inesshallhcty~~eenin~>t::q11~d,tes~
ted, inspected .and are .avai labl~ .tOSEi:!r'Ve thel(jt.for >which
a building permit shall hav~ b~f.tn.is;sq~d.
:5.14. One Year Guarantee .pfH\AlOr'kCrr'ld. Gliari:ll"'l"l::ee BoBel. All
wor'k. and materials performed. and. furtlishedby<t?ebevel0pef, .. its
dqentsand subcontractors pursuantto'13.. 01~Pove,wll~9hctr'e.<foun.d
by the City to be defectivewithon oneyearafteracc"~ptaDeeipy
the City shall be repacedby Developer at Developer's sol-eexpense
. In accordance with Section 7.02. . and not .inagdition til~r~~(),t:.he
w.i.thtn .9l.larantee....of.. work shal1....besecuredl:;o.theCity. by.anirr~--
vocable letter of credit, or a corporate sur'ety bond, at: the elec~;
tion (If and in an amount established by the City,. furnishedby\the
D~ve1c per to the Ci ty.. Sa~d 1e t ter. (.)[ c.~r. e. d.. i. t. or. .su. ret.:y.....b..o.....n~. ......... ~ ~J;l.....all
flrst be approved by the Cl ty Att:orney, and shall be HI addltl"6n
to, and not in lieu of any other remedies whlchrnay beavai lctb"l e...
to the Ci ty to secure any defects in rnateri alsorwodcrnanship .~O:(
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3.15. Liability Insurance. Developer shall takeout arid
maintain so long as Developer's obligaitionscontinue under this
agreement, public liabi 1 i ty and property damage .insurance coyering
personal injury j including death, an9clairns~or propertydarpqgc=
which may arise out of Developer' swork or the,work of its subcon-
tractors or by one directly or indirectlyemployedby any of theIn.
Lind ts for bodily injury or deil th sh'Jl1beJ1ot.~ess.. Ulan$500,OOp
for one p.erson and $1, DaD, 000 for each occurrence; limitIfc>l" pr'oper-
ty damage shall be not less than $200,OOOforieach occ8rrE1nce._The
City shall be named as an additional named, insured on said polic)' ,
and Developer shall file a copy of the insurance coverage with the
City prior to initiating construction.
SECTION 4.
STATUS OF SPECIAL ASSESSMENTS.
I, . 01 . 12.<<:L':(.~:~1!...e r' i\ck!\~~~:~dq(.~~j__..i:~!Ll:~:.~_:~L._~~~~~:XiL '. The [)eve loper'
acknowYI.;-ages that: the subject pI'opel'Ly d(~r'iv(~~; "~;P('('idl !)c'llPfiL,"
d:, Uld l. Ll!r'/11 i.s lid irwd by (H'V~;I'11l (<I~iC I dW, \UHler' Clldpt.<~t. 1,2Q 01
Mlnne~;()Ld stdl:uti~~;. fr'olll. LlI(~ ~i"W('r' Ii f"L~jLLlLi()n,IlJ(J. w.IL('r'~jupply
fi..tclllLles, tr'ullk dW] J..:.lLcl'a.l si..ltliLdl'Y ~;L~wer' fdciLi:Lies, c.md. trunk.
and lateral water facilities which were constr'uct(~d ilS apart ,of
Chanhassen Improvement Pr'ojects. The Developer dcknowledges that::
the amount of such special benefi t:. i~, not: lessth,.ln Un' sum of the
following amouhts:
a.
Le'J 1 ed
Spec 1al ~s...:>s~~~~ne!)ts--=-
Parcel No. 25-01 -000-0037--000,
20.08 Acres intpart of Gov't. Lots 5 and 6,
1 sewer and water. lateral assessment levied.. in
1973 in the amount of $4,119..00 ,payable.over
years at 7% interest.
1 sewer and wat:ertrunk assessment levied in 1980,
1n the amount of $1,054.96, payable over 10 years
at 7% interest.
Parcel No. 25-79-500~.OOOl-000, Lot 1, Vineland
1 sewer and wa
October 1,1973
has been pa.idin
2 sewer and water La teraLdrld,3> sewer ..ahdwatE!r
trunk assessments levied~n 198Q,in the amount
of $12,41'9. 9H, payable oVer 10 ye(j.T's., at 7% inter(~sL,
b.
nef~rred.Sp~cial {\7s~s~rn~n~~. In addition
'foregoing levied .specialassesslIllZJlt;s., <tl1e
property is further specially:.:>enefitted by
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line sewer and water trunk units, each sewer Lrurtl{
unit valued at $320.00 and each water trunk ~nit
valued at $3BO ..00, and each said sewer and water
unit shall bear interest at the rate' of 7% from
October I, 1973.
4.02. Spread. and ~ayrnent Of, Deferred' Special... AssesSlUent$~
All deferred special assessments for said 6B sewer and water' tr?nk
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 6f fo~r (4) years after
said certification.
I..O:S'. . D(!v(!I(~H!r W,livl':; I'llbl ii' 111'dt'illlJ dlld lliql1l,()f, Appl..II
'I'lie u(~!-V eTope r w'dTv-e~:i--- CE~.5r:'r(jE-C- ---C(;'-IJ~.ih'Ci.-c~--i-lf~".ir:lriu-'''ul~\U~~';:'-~-4':X\j'-:-O(~T" ......
and ~'.29.071 of Minnesota ~:;tatu\;es dnd ,itsriqht of appeal under'
~429. OBI of Mintieso~a sta tutes as to the Special ASSessments;
SECTION 5.
SPECIAL CONDITIONS.
~c). 01. Fox ~ath Cul-de<")ac. A "'I''' iritersec Lion shall be
--
constructed by Developer at the western terminus of Fox Path,with
surmountable cuy'b and gutt.er, dnd sha 11 be cons t.:r'uc Led in accordancc'
with plan~ and specifications approved by the City En0i.neer. The
westerly extension of Fox PaLh from said "'I''' intersection to the
westerly boundary of the subject pro~erty shall be pldtteda~ a
dedicated street but shall not be improved as suchurlt.:il develop-
ment on the adjoining property sh~ll require a street conne6tion
to Fox Path.
5.02. Pleasant View Road Access Hestriction. Unless other-
wise determined by the City Council Lots 1 and 2, Block 2 shall
not beperrni tted diy'ect driveway access to Pleasant View Road.. ..
Lo t l, 81 ad" 1 and l,o L :5, Block 2 may access on Pleasant View Rpad
but the acc~sses shall be located 'to maximize site distanc,e~. The
exact location and di~sign of the accesses shall be approvedbytbe
City Engineer. Said restr-Lctionsshal1beincorporated '..<i,thincQN;e-,
n.dn ts and .restrict,:ionswh i..ch shall..... beappl icahle tothe:<fina.lplat
elf the subject propprty ;Andwhich sh8l..]'.l:be filed wi th thE-: Carver
County Hecorde'r contemporaneously with ,'the filing of said final
plat,
5.03. Watermain Loop. UnlE~ssotherwise determinedby:th~
City Council, the; City w'\t~rmain serving 'the;.,subject propertY'~l'1all
be "looped" as thattermis.comrnonly used by professional.engineer-.s,
from Lake Point to Fox path alongt11e alignment depicteda~> i'Rollte
clI in the report of the City Engineer, dated August 10,1981. ' .
5.04. B~lild:ing Plans Certification.
slope and sol I . condi tions, building and site plans for allresidetlcc:-~~~
within the subject property shall be riertified as having been re~
viewed and approved by an archttect or civil engIneer li6ensed by
the S tate of Minnesota. Said building ,and site plan review and appro,.
val shall include provision~ for slop~ protection, surface and sub~
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surfqce drainage, prevention of siltation, and the preservation
of trees and prevention of excessive vegetation removal duringcoh-
struction.
Building pads and basement floors
at an elevatio.n not less chan two (2) feet above
elevation in accordance hith the requirements of
or-dinances '.
The term~ and conditions of this Section
be made a part of covenants and rE?strictionswhich. shall
able to the final plat' of the subj ect proper~ty and which
fjled contemporaneously ~itb the filing of the final plat
Carver County Recorder.
~_~_:_.~L~'_:_ 1':il:;\~IIIl:rtl.~j 1)(-<lil',II.I'd 1'111'1.11,. l'I:I'pl-l.lloIl I;.
fo r' ~:i ur face Wd Le'r':' -(jr~;I'Tri~~ql~-:-'rr'\(~CL;-dTti(T-l;()';)7TTnq il nd :;yd i IIH~n
b:.:isi.ns dnd aocess there to, Shid. J bt~ dad lCdted on the f
to the e)~tent permi tted by state law. All such easements
dedicat.ed shall be grdnted to the Ci ty in form approved
and acceptable for recording in the Office of the; Carver
Recorder.
2-~..Q~ !)t.reets. All streets within the plat shall' be dedi....
cated with a 50 foot wide right-of-way, and shall haVe a 2a fodt
roadway surface with surmountable concrete curb and gutter. All
street cul-de-sacs shall have a right-of~way radius of 60reet,
with a roadway surface radius of 40 feet with surmountable conct'eb:~
curb and gutter. AJI streets Shall be constructed in aCCOrdance
with City standards approved by the City Engineer.
5;.07. Ponding and. Sedimentation. Basin. Maintenance. The
Developer shall maintain in good operational order all pondingan,d
sedimentation basins during all phases of construction wi thin the
subject property. After formal acceptance by the City, said main~
tenance shall be the obligation or the City.
A 10.00 foot permanent easement for trail purpoE,es,
line of which is described as follows: Commencing
::1 Ii-ne parallel to and 5._ 00 feet northerly of the
I)f Lots 19 and 20, Block 1 to' a point 5. OOreet or
(If the wetlands area in said Lot, 20; thence in a
. dj rection 5.00 feet. east~t":ty():(.s~id~e~lar1(ls fo
line of said Lot 20; thenceC{)rltinuing nor.therly to
corner of Lot 22, Block 1; thence northwesterly al
wes terly boundar'y lines of Lots ~3 and 24 to the
of-way line of Fox Path and there terminating. Ii
tion that this easement be located adjacent to but
easterly of any wetlands af'ea in Lots 20, 21, 25 or
~). 08. Trail Easement. 'theOeve16per shall grant
, I t Y 'a perpetual easement ten (10) :feet wide' forusea.'sa
...J.i d easement descf'i bed as folloWst.,.,"-,
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1; and, therefore, if after a survey of the area is completed,
the above described easement lies within any wetlands, the
Developer shall execute an.arnendedeasernentagreelTwnt>with
the new description.
The form of said easement and exact l.egal descriptionshallbeap
proved by the City, and shall be filed before commencement ofcon-
struction of any public improvements.
When constructed, the portion of the trail. easement
on the Fox Path right-of-way lIlay be constructecl~ttheG.itY'sexperlS()
wi th a bi tuminous surface and the 10 foot portion (Jf theeaSernE.Hlt
- not in the Fox Path right-of.-way shall be surfaced with wood chips.
All tra i '1 easemen t construction shall be .per forrn€~d by the City in
,'\ccor'd,lIlcu Wi,UI Hlj(~cLrlcld.lull:i dIlPI'I)VI.d lJY L1,~! city J.:l\'li.twur',
I , . I I . 'I' I '" I I 1-:,,: ,I ! III t ! III I'" I'\<. l:h" I I I' 'I ; I . t . <II I. 1'1 II ,: I '(' d I l. I dl'
P d r' k c h a r CJ e s un (f(~-r-'(,:h~lrlTliis-s'Z;1:1-(It:-cn~r1-;i1--I-c';,';'--~j(;'~--i/:ils i J[ll(~ Ii de d ~'; hill I
bl! qr'.Hltl~ll D(~veLopu~', it:,; ~jUCCl:s:,;or:; IJI' d~;~;i.qllS, lut' LllU<JrdllL
the perpetual trail easement.
5.10. Park Fees. Prior to the issuance of building per-
mits for residentTal construction with the plat, Developer, its
successors or assigns, shall pay to the City the park fee then in
force pursuant to Chanhassen Ordinance IL.-A and r'(:!levantGity .Counc.i 1
Resolutions thereafter, as said park ctiarge fee may be adjusted
by the provisions of Section. 5.9 above.
,
5. ~ S tr'eet . Maintenance Dur'ing Construction. The Developer'
shall be responsible for aLl street maintenance.. until street$.CiEe
accepted by the City. Warning signs shall be placed wrwnl1a.:z;ards
develop in streets to prevent the public from traveling on said
and directing attention to detours.. If streetsbecorne< impassable,
such streets shall be barricaded and.closed. The Developer.shall
maintain d. smooth surface and provideprope:r surfa.cedrainage.
The Developer shall .be responsible forkeepin9.streets withinal}d
without the plat swept clean of. dirt and debris that rnayspill<or
wash onto the street from his operation . TheDevelopE!rm21yrec!uE!st
in wrj ting, that the City keep the streets open <durir1giith~VJ~rt~e~ .
rn(~nths by plowing snow from said~t\eet~ ..priprtofiJ1~,lSlP~t~~\Cl~qi~.
t.>f said streets. The C:i ty shallnot'<b.eT~sp()n9ib.Le<1foJ'r:~"""~nf:.:\~inq
:;;dld streetsbeCduse of snow. plowing()peration$~.ftheyal"E!.r~questE.~d,
Pf'oviding. snow plowingservi.ce, does not. constitute. final acceptance
uf said streets by the City. . Developer agn:esto pay .allc()st$-
of snow l'emoval done by th,_~ City prior to acceptanceof.said$treets.
5.12. Street Signs. All streyt name and traffic Signs
required.. wi thin the plat at the.tirneofGityascep:t21ncesl1?-l.~l~)~
furnished and installed by the Gityat the sdlecost.of'then.evelop(:,r
5.13. Covenants and .Hestrictions. . covenants. orrestric-
tions to be placed upon the lots in the ~ubj ect plat shal1bepEe-.
pared by the Developer and shall be approved by the GitYJ-\.t:-tqt'n.ev
prior to recording with the County Recorder. The Covenantsan.d
- <)_.
..-....::~-:'".
. ;
Res tric tions shall be approved if they are consisterlt with the re__.
qui rements of this agreement.. Thez()(lirlg()r(lih~hCe~andregulc:ltio6$'
of the City shall govern if inconsistentwithsaidcovenants(:ln~
restrictions to the extent actually inconsistent; but if notirln()Asi~7
tent therewith I the s tandards contain~dinSaidGQvenants.and.rElE;tric~
tions shall be considered as requi rementf).iIl.adclitiontosaidSity
ordinances and regulations. The Gi tysha,llbeheldharrTIleE;s>~(l
the. event any.disputes occur involving .covenantsand restrictiqhs.
5..!~ Setting of bot Clnd Block Mon~ments. Developersha.ll
place iron monuments at 'all.lot and hl()CKpprnersar\d atalloJ;her
angle points on boundary li.rws. . Ironruonurnent placemcn tS.f)hall
be ver'ified after constl'uction of improvements has been compTe.ted
in or<;}er to preserve the lot markers 'fOf' flilture property owner$,
SECTfON 6.
CONS!;:n"^'I'TON ":AS 1;:iVlI': NT .
() . I}} ..:. F:,\ S(!lllen L to be (; Cd n Lt!d . U(!VU IUJ>er' ~;lldl J(J r<111G L()
the C:L t Jape r'p e"CLii.,d -. c onse r'v a t-(on-'e;:ls'~~-il\en t for e nvi r'onlllent.a lprotec.~
tion and wetland pf'eservation over those areas of Lots 7 through
19, inclusive, of Block 1 of the plat which .lie b.elow.the el~vation
of 900 feet. No credit for park cha.f'qes under Ch'anha.ssenbrdinant;e
No. 14 as amended shall be granted Developer, itssu~cessorsor
assiqns for the <)l'ant of said er1selllt.~nt.. "
6.02. Conservation EdsE~rnent Development Hestr'ict.ion.s.
All of the follo'win(j acU.viti';;-f;--sh'Jllbe--prohibited-withinthe con--
servation easement i)f'ea, including the wetlands dsdelinatedon
Exhibit "A"., Chanhassen City Council meeting of April 26, 1982 and
on Lotus Lake adjacent to the easement area:
a.
The placement ~:md erection of bui Idings. structures,
and docks and Walkways. (Except as pr0\fidi~din6.03.)
b.
The alteration of vegetation. in any lllanner or form.
(Except as provid~din 6.0~.)
~:.
,l'"
I'
The excavation or~illing of. tb~
rl.
The application of
or chemica..I.
e.
The applicat.ion of-cherniCals fOr
or reta.rdation of vegetation..
f.
The deposit of waste or debris.
g.
Constructionofpath.$, trail~<and serviCe roads
except as permitted by the City
h.
The application of herbicid~s, pesticides and insec'"-
ticides.
I'
-10-
....~~...
,,,."
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g.
Boardwalks may be constructed to serve as app
walkways to Lotus Lake and/or' docks over lands
dr'l;} InLel'll\lLLentlyor per'llIdHelll:;ly wet. Paths
be created for dock and boar'dwalk approaches
dry ground.
No motorcraft shall be moored or <c:to?ked overnight
at any such docks unless said watercraft is either:
(a) currently registered, pursuant to Chapter 361
of Minnesota Statutes,in thenam~of ~he own€r
of the lot served by said dock orin the name of
a member of said owner's household.
h.
i.
Veqetation may not be rPlIloved except fora SWdU,
c~>d t.'r\llJlltI uul. :i I x (Ij) 1....:1 I r'U11I C~fl4'11 :; i d(~ of' .. dn,'11
\,1) Il,>cllw,iI ('r',
b.O/,_,_. ':'CWIll ",lid l\pP,'ovdl III 1-:,1';"111"'11. 'I'll<' 1<1"111 IIf Ill"
('IJtI:i(~t'v..Liull l!d:_..iCIIIC1~t :ihdll. In: fJ,'c:p.lt'cd'l,y Llll.' City ,II. the expclEiL'
of the Developer, and shall be approved by the City Courtcilprtor
to subrnissionto the Developer' for execution and gelivery t9 the
City,
6.05, lnclusion in Covenants and Restrictions. The con~
servation easement shall be made a part of the covenants and restri.c~
tions applicable to the plat and shall be incor'porated Un:~rei.n by
reference, and as an exhibi t fOY'lI1ing a part of said covenants and
l'E'strictions.
SECTION 7.
ENFORCEMENT PROVISIONS,
7, aI, ReirnbtH'sement of Costs. The Developer shall l'eirnburse
the Ci ty for all-- costs, including r'easonabl.e ehgineering, legal,
planning and administrative expenses incurredpy the City in connec-
tion with all matters relating to the administration dnd enforcement
of t:he wi thin agreement. and the pecformance thereby by the Develqper
Such reimbursement shull be made wJthinfou.t't8en (lL.) days of the
ddte of mailing of the Ci:::y's itemized noticHof costs. IFth~
bills are not paid on time the City Il)ayhalt all platdev~lopment
.,jol'k until the bi 11 s' 3ce pa.i.d in ful ~ :._..
a, The C:; ty shall have nooblig-ah:i.L)n topaysllch
upment costs whether or not the City has approved the.woFk.
b. The Developer shall 'pay the Gity's
expenses previously or subsE~quentl-y inclu-red,
not limited to legal, -planning t engineeri
expens0~ incur-r'ed in connection
of the plat, ~nd the preparation
~&61
-12--
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.,...~~'ft""'..'t""
----~...~~....
i.
The storc:hJ(~ of waLerCt'dft, boat trailers, ice Li.uhinq
houses, snowmobiles, motorized and nonmotorized
vehicles (Except as permitted in Section 6.D3 of
thj. s ordl:nance).
j .
Mooring seaplanes, in abut tint] waters of LotU13. LClke
(hereinafter ."the lake").
6.03. Dockaqe WithLn Con~~erval:i.on Easement Area. Lots
16, 17;'-U, and 19, Block 1 shall be allowed one dock for each loL.
a.
All docks must conform to City ordinances regulating
dock construction.
b.
Moorinq of dny wdtercraft 1I1l.lst confot'ln to City CH'
dinances and n~<1ul.ations.
c.
Tilt' duck Oil Lol II) (lIc1ylle u:;l~d by UII' ownct'~; 01
1..0 Ls lO".l.(), H Lock I. No llIot'e than seven ( 7) bOd L~;
may 'use the docl, dnd the owner' of dny lot: lllay. not
hdve rnot'e thi..ltI one (.I.) bOdt use the dock wi thouL
the wri tten consent of the City Council. Boats
may not be docked or moored on'th~ north side of
the dock.
d.
1\)0 dock shall exceed six (6 ) feel tn width nor shell Ie
it exceed the greater or the following lengths:
(a) fifty (50) feet, or (b) the rninirnurn straight-:
line distance necessary to reach a water dePt~h . f
four (4) feet. The width (but not the length ......of
the cross-bar of any "'1''' or "L" shaped dock~ all
be included in the computation of length ~~cribed
in the precedit}gsentence. The cross-bap' of any
such dock shall not measure in excess o,f'twenty-fivE"
(25) feet in length, except on Lot l6J'wAiCh,,~~
-ee"~vef'"8-i~eo-"su~f-:i.{3.i.~n:GJ.,y>~...t.o'~~GOm0da.Le-",,&€t<1,f~r:l..~~ .7)'.
'boa.'t~~~tleh-~'ove1"'S'i.JZ.;ing...,i(i;-..ne@eGs.ar"y, ...,t o.,..aeoOluoQa;t;a
'""8-@>V-eRft.. ~,1 ). ,obo..a:1;;...
"
:.i
(:.~
No dock shall be solocatedas,to: (~J obstruct
the navigation of the.lake, (b) ot>struct,reasonable
use or access t,o any' 6th~rdock, (c) present po,ten~
tlal safety hazard.
No fuel shall be stored upon. any such dock.
f.
No more t.hanfive (5) watercraft may be moored over-
night at any dock orin front of any lot with the
exception of Lot 16, Block 1 where up t6seVen(7)
watercraft may be moored overnight.
f;
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The Developer fUr'ther agrees to pay all r'easonable costs and
ex~enses incurred by the City in monitoring and ~nspecting
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 clairns 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
inGur'red in the enforcement of this contract, in~ludingengin-
eering and attorney's~feeS.
7.02. ,~~,f=ur~,~Y.~{9_r~ Pf:.r~r.(?YI,n.ln(";(~ by Df'Y(!lOpc','." r,'en- Lho pw'
pose of US5 uC' lng cHlU qUdY'd t\ teed nq to Lllv C i L Y LIlt! I: !.Ill' i '"P r'()\ldl\ll~,II.';
to hn by Lhn J)IlV,~I()PC'I' f'()l\:.I.I'lIf'I,('d. Illf.l,tll,'d 011111 11I"'llf,III''''':, :",1
/<It'l.J, 'Ill ,U.()l 11<""<:01. :)/I,d! III' I'IJlluL"LH~Lcd, 1l1:,;\,,1IIl:d ,Hill LUr'lli.'illud
ilcc(wdilHI to Uw tc:t'ill'i of LIIi:; ""t'('('l1IcllI, .!tld I.II,tl III" ""vl'lllfJ('"
:..;Ii"tlt PdY .11J.' C1.dlll.',i' lot' wurh, dUlIe dnd Itldl.eci.Lds ,Illd ..,;upp.l.iet31ur:
nishud fqr' the p<:.~r'fc,H'lIldllCU of l.h.i.u (,HJr'f..~'_~llIunt, ,HId tlldt the IJc"eJ.opIJl'
shall rully comply w.i tll all of the other terms and pr'ovisions of
this Development Contract, Developer agrees to furnish to the City
either a cash deposit, or an irTevocable letter of creditappr-oved
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 the' City
Engineer. The cash. deposi t_J[' irrevocable letter of cr'edj~. (Section
3) pr'ovideq for her'ein she 1.1 be in addition to anyperLJrnnnce bond
or other' security require'...! by' the Riley-Purgatory Creek Watershed
Di~trict as' a Condition of the issuance of any petmit bi said Dis-
trict.
a, If the Developer" does not satisfactorily complete
the work this DeveloPJlI~nt Contract requir'es the City may., at
its option, perf"orm the -work. The City shall give the Developer
at least 96 hours notice of the City's:intention to perform
dny such work. However, in the event of an emergency as deter.....
mined by the City, 96 hours notice is not requir-ed. Thisagree-"
lfIent is a license for the Cityto act and it .. shallnotbf?ne~es-
sary for the City to seek a COllrtorder for.permis9ioPit() enter
the land. When theCity.does anysllch worJ.c,~h~GitYlnErY<irJ.
addi ti.on to i tsother.r'~nlf?<1ies as'.S'E.~~5S the cost in whole or
in part as outlined in .7.03.
7.03,
H~~!!l_El.die~_ Upon ~E.:J i~~_~}:..S.:..
a. Asses.~-;rnents. .. In the event Developer shrdl. default
in the per'for'lild'D.c'e of-imy oEthe covenants andagr'eemen~S.h7r'e;lrl
contained, . i;lndsuch.. dyfault?l1yll, not. hdVG b(o~eJlCur'ed.wi~9~n
ten (lO) days after receipt byDevelopei'of written. notic.e
thereof, the City, if it so elects, H1dy cause any ofther-ec-
qui r'ed improvements to be construe ted and installed ,or' may
take action to cure said deEault, and to the extent that the
~ 13--
~88
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City's recovery on tt1e ~ecuri ty deposi t~n 7.03 is defici'ent,
may cause the entire cost thereof, including all reasonable
engineering, l.egal and administrative expense incurred by the
'City, to be recove~ed 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 adoptioh.
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 realprqpertywithin said plat for
any amount so unpaid, and the City shall have the right to
foreclose said lien in the rnannerprescribed for the foreclosure
of mechanic's li.ens unclpr' Lho h,wl:; of Lh(~ SLit!' of MinnCli()LI.
I n 1.1 II' 4 ~ V I ' .11 . \I I . n I I ',h \ ' I '<J I 'I I' . Y. .. :, d I ,t "I 'III i I\!' d I ) Y I I H'
CJ.Ly Ellyilll:t:I', L1ll: lIoLLee l'l,~qui.l'ell1t,:111. to tile Uc:Vl:lupel' Slld!1
bt~ und i~; hUI'uby waived in its urlLi.t'ld.y, <,Hld l.Iw 1H.:velopl:t,
sholl reirnbur'se. the City for' any expense i.t1cur'n~d by the C1 Ly
in remedying the conditions creating the emergency.
b. :Security Deposit. In conjunction with the foregoing,
the City milY utilize any cash deposit made or letter of credit
deli vered ht~reunder, to collect, payor reimbur'se the Ci ty
foe:
(1) the cost of completing the cOnstruction of t0e improve-
ments desceibed in'1T3.01 above; and
,-fP
(2) the cost of curing any oth~~ default by the Developer
in its performance of any of the covenants had agreement
contained herein; and.
(3) the cost of reasonable enginflering, legal, and administ.l"a"-
tive expense incurred by the City in en.'foecing and adminis-
tering this contract.
c. Legal Proceedings. In addition to the foregoing,
the City may institute arW proper' actiort.orpeoceedin9 at law
or at equity to prevent.violati()nfo.fth~ within development
contract I to i'estrain oral:,iate'v~'olations of the within develop..,.
ment contract,
SECTION 8.
MISCELLANEOUS TERMS AND CONDITIONS.
~. 01-'.. COnlp'!,iance .W:l th ,Laws, Ordinances and Regulations;
Permi ts. In, the.. development of the plat, DeyeloperShallSQmpJ.Y
.with all laws, ordinances and. regulations of, and secure valid .neCesc.
sary permits from the following autho~ities:
'190
-14-
,.....,_..~
:~'~--
..
(1) City of Chanhassen
(2) state of Minnesota, its agencies, departIllents and c
sions
(3) Department of Natural Resources
(4) Riley-Purgatory Creek Watershed District
(5) U.S. Army Corps of Engineers
r
8.02. Proof of Title. Upbn'request, theDevelop~r sl1all
furnish the City wi th evidence satisfactory to the Ci ty thf:lt :it
is fee owner of the subject property.
8.03. Duration of Contract. Thiscontradn>snall
in effect until such time as Developer shall have fully
all of its duties and obligiltions under.thiscontrac:t.
wri tten r'eques"t of Developer and up6n th,~ adoption of a
by the Chimhassen Ci ty Council finding thiJtthe Developc!r'
complied with all of the ter-lfIsofthis contr-dct and
Developer has completed perfor-lfILlr1ce of all Develdper
dated by this" contract, the Chanhassen City Manager
to the Developer on behalf of the City an appropriate
of compliance.
8.0.1,. Notices. All notices, certificates a"nd other corn..:.
munications her"eunder shall be sufficiently given and shall he deemed
given when mailed by certified mail, return receipt r'equested, po~-
tage prepaid, with property address as indicated below. TheCily
and the Developer, by written notice given by one to the other,
may des:i.gnate "any address or Clddressesto which notiCes ,certificates
or other communica"tions to them shall be sent wheh required asc:()hteln~
plated by this agreement. Unless otherwise proyided by the respec-
ti ve parties, all notices, certificates and communica"tions 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:
Derri.ck, Land Company
'1"650' She lard Tower
Minneapolis, MN 55426
8.05-.:.. Binding. Effect. This agreentent s.hall irlure to the
benefit of and shall be binding upon theCftYiancltheDeVeldpel'
and their respective Successors and assigns. Nothingi.n this a9r'eie-
ment, expr'essor llllpl ied, shall give to any person, other tl1anthe.
parties hereto, and their respe~tiye8Ll9ce$130rs(~l\Idassigmr, bete-'
under, any.benefit or other legal or equitable. right, remedy or
claim under this agreement. "
l19t
.1 '5..
....~:1.~.
~06. Sevecability. In the event, any provisions
a'Jreement shall be held invalid, illegal, or unenforceable by aflY
court of competent jurisdiction; such holding shall not invalidate
or render unenforceable any other' pr.ovision hereof, and the renii:.lirk
ing provisions shall not in anY ~-tay be affected or impaired ther~hy.
,.
~'. 07. Execution of Counterparts. This agreernent may be
simultaneously executed in several counterparts, each of which sha.ll
be an original, and all of which shall constitute but one and the
same instrument.
8.08. Construction. This agreernent shall be
in accordance with the laws of the state of Minnesota.
8.09. Head:i.nqs. HeiHHnl]s ilt UH~ beqinninq of
and p"d-r'dg raphs hereof ar'e for convenience of refer'cnce, undsheXIJ
not be considered a part of the text of this contract, and
not influence its construction.
8.12-:. Si<1n elan. S-igns for the purpose of advertising
the subject property may he erected inaccoi'dance;with ~lle City
ordinances.1 -
~~ flrea.ch of any terms of this Agreement by the Develope!'
shall be grounds for denial of building perrrrltsw
8.12. Should an environmental assessment worksheet, environ-
mental impact statement be required by the Cl.l.ty or another g.Qvern-
mental entity or agency, the Developer shall reimburse the City
for all expenses, including staff time arid attorney's fees, that
the City incurs in assisting in the preparation of the revieW".
;.
~..!...~ Before construction of public improvements or any
earth work commences, 'the Developer shall deposit wi th the City
satisfactory ~ecurity securing the full performance of this D~~elop-
ment Contract, The amount of the security shall be 110% of the
est illlated cost dS set: forth in the attached exhibit. Upon the exe-
cution of this agreement the City shall sign the final plat and
release t~e same to the Developer.
8 .l/~. The Developer shall. provid\C a site erosion control
plan satisfactory to the City Engineer for the prevention Of dalllag~
to adj acent property c.\I1d the .control of surface water runoff during
the initialconstructj,on phas.es of thepr6ject. This pJansha1,l
indicate the locati on of berm and temporary water retentionare.as
which shall be kept in good repair unti lpermanentdrainage con.trol
is provided... All ar'eas distributed by the excavation andbaC!kfil~.ing
operations, except for' the future paved portion of the streets,:sh,F\'1'l
'be reseeded as soon dS practical after completion of the excavation'
operation. In the event that, in the City's opinion, the Develop~~
has failed to adequately control er'osion; the Developer grants the
--16-
'192
...~~....~ ;
,.
City pe~mission to immediately enter the property and take ~uch
measures as it deems necessary to contr6l erosion.
8.15. The Developer agrees to.planttwotwo-inch trees
on every lot in the P. R. D. that does not already haye twotregq.
One of the trees on each lot may be an evergreen. The othertr.tSe
shall be one of the following species: MaplesCinc],udingNOrway,
Schwedler and Sugar>., Linden American, LindenLittleleaf,Gre.EH'1
Ash, Honeylocust (Impartial, Skyline, and Sunburst), Ha~kberry()r
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
sents to be executed on the day and year first above wri
CI.'I'Y' ;~:1'^NII^~Hil':N. .1/./'
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By V 1/rAf.';;~~' f:-ti'ft I 1/'''''' _
(2 -
By~__CJ~_(Jil::-L~"
City Manager'
Ill-:I(H n~l< J.I\NIl COMF/\NY
IW ,'11\1 ~.j' 1/ {(,
IL I.. ,'. L '_.
P('. '~)i.denL
J'l~)--s(!/)>rsol "CNi
, . eccW L-ary
STATE OF MINNESOTA)
. ) S5
COUNTY OF l~..(,!.-7'I/}'-"Ah)
On this ,-2{J-u...day of __ ('7U.EJi--... . .. , 19 23, beforerne,
a no~ public withi.n and for.' sa...d... cou.n...t.y. '.J.:P......~...r.so.na.llf.... a.p. p..e..~...t'..e.d. ...... .
--- . -1 J:J~J.J..l {'c.I? dnd_._~_. . {<C1Jf.::4L4-- JC-'-.tA.IL(."'(~_,t( ..
to me p rsonully i-mown, who being each.. by m~d\.ny sworn did say'
that they are respectively the Presi.dentand Secre.tary of the Cot"-
poration named in the foregoinginstrurnent, and that said instrurnerlt
was signed and ':>ealed in behalf of ~did s.:2rpC?ration by authority
of i ts Boa::.r::~- Di r'ectors and said __.. tf ..Ad'dt:c.i[P t.<f_____-;------;-______.
and _'___ /. 0...6.1 '1:iJ, . __~....._.aC?knowledged scud lnstr"urnent
to be ~he'free act an~deed of sald corporation.
STEPHANIE J. Q()EM
'~'IIAUv ~UIJIIC IlIIHHESllTA
I)'~I}IA C\)UHn
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~ - Ii LJA/-l4-'-<. L, ). (-;;1 (l<.<ctL ""
No ary'Public "7
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,.
STATE OF MINNESOTA)
)ss
COUNTY OF CARV~R. - )
On this ~O day of SUo. L..:( " 198':3, before me,
a notary public within and for said County, personally appeared
ThomasL. Hamilton and Donald W.Ashworth, to .me personallyknqwn.t
who being each by me duly sworn did say that they are respe9tively
the Mayor and City Manager of the municipal corporation named in
the foregoing instrument, and that the seal affixed to said~nstrU-
IIlnnl. 1.11 LlII! r-:nr'Jlot'.tl.11 lIedl qf ~:oI j d III I III i,' i poll ('llI"l'lIl'.tl. i 011, illnl !-Ilotl
uilld 1.lluLr'ultlullL Wcl~_j ultJllud ..lIId ~:"dl~'d ill 1)('11.111 uf ~;"Id IIUJlllclpoll
l'III'I")I'dl.hlll "V "111.1111/" Ly III II~, (:11 y l:oI)L1\.:JI"'I" ~..lid '1'111111101 I I..
lIum i 1 Lun dnd IJollulLl W. J\~hwor Lh ,,-H;kl;CW h:dql:Y~;d i.ll 1.11::> LI'L1mell L Lu
be the fy'ee ac t dnd ~t]ed of :::ii:..\ i d 1111..111 i) i\'e'~or,: Lil,,\. _ r ·
'''___. \2:-:F _Jv~J'-J~
Not~-'--publ ic;
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""N. VA",..;,/'vv\f\' ?
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t:i\tIViPTFHOI'vl HUI~l.iI~.....:v "ull"UJ\NT
TOMINN, STAr. SECTION 386.77
ORAFTED BY;
~rllnhrs&Grannrs .
403 N.W. Natl. Bank Bldg
161 North Concord Str .' i
South St. Paul. MN 55;;5
(612) '1:;5-1661
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)LAT:
FOX
CHASE
({~.jJ;..J,4I tlt:.Af",...;...( ("....no< t'
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OWNER AND DEVELOPER:'
Derrick Lan~ Company
1170 Shelard Tower
Minneapolis, MN 55426
Phone: 546- 22:'6
ENGINEER:
SUP-vEYOR:
[I)'an, Field & Nowak, I nc.
7415 Wayzata Bou levard
Minneapolis, MN 554:'6
Phone: 546-683:'
Westwood Plannlng&[ngineering
7415 WdY/iltaBo,lIevard
MinneapOlis, MN 5511?b
Pl1one: )46-0155
\~
'1'\
DESCRIPTION:
All that part of Government Lots 5 and (I in Section 1, Township 116r~orth, Range 23 West,
Carver CO:.Jnty, Minnesota, describ.!?d as fOllows: .
. .
Beginnin9 at a point in the'West line Of said SectIon 1 distant 905 feet South of the North
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05 -d:l
Tom & Judy Meier
695 Pleasant View Road
Chanhassen, Minnesota 55317
CITY OF CHANHASSEN
RECEIVED
July 27,2005
AUG 1 2005
CHANHASSEN PLANNING DEPT
Chanhassen Planning Commission
City of Chanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
RE: August 2,2005 public hearing for Wetland Alteration Permit to construct
walkway and dock on property located at 6440 Fox Path.
Dear Sir or Madame,
As the adjacent owner of 695 Pleasant View Road I would like to object to the proposed
Alteration Permit.
Having lived for nine years ourselves at 6410 Fox Path, Lot 6, from 1990 to 1999 it was
clear in our subdivision plat that only lots 10 thru 19 has any access to Lotus Lake.
While lots 2 - 9 had lake views we were not allowed to directly access the lake.
Now we live directly east of Lot 9 at 695 Pleasant View Road. If you did grant them an
easement to cross the Conservation Easement (which restricts the placement and erection
of buildings, structures, docks and walkways), they still cannot:
1. Reach open water in a straight line direction while maintaining the city code
dock setback requirements.
2. Other neighbors would be adversely affected. They are going directly across
any future access for 6430 Fox Path.
3. Their proposed location is within 8 feet of our dock not 20' as indicated.
They do not show our dock correctly on their survey.
4. They cannot reach our channel without dredging the lake due to 2-4 inches of
water depth in the entire area where they are proposing their dock. This area is
often a dry bed if we do not receive continuous rains.
5. The length of their walkway and dock is estimated to be at least 440 feet long
to no open water. To reach open water is an additional 350 feet at a severe
angle to their proposed dock, not a straight line as the code is written.
6. Dredging cost a minimum of $50,000 plus a DNR permit which is very hard
to acquire. I just went through this cost analysis recently.
tcANNED
7. Our channel maintenance costs, (weed spraying) would have to be shared and
we are not interested in any agreements or partnerships.
8. The Conservation Easement supersedes any Riparian Rights.
9. There is a family of deer immediately to the south of their proposed dock
which would adversely affect them. The deer have lived there at least since
1989. Many giant snapping turtles additionally live in their proposed path. It
is also home to the Egret, Heron, Ducks and many species of birds. It is also a
spawning bed in the spring for the pickerel and carp.
Since your staffhas also recommended the Planning Commission deny the Wetland
Alteration Permit, I urge you to do the same. I would also invite you to see first-hand
what the situation looks like by inviting you to our property. Feel free to stop by and
walk out on our dock.
Sincerely,
~~
page 1 or 1
Haak, Lori
From: JLyon87671 @aol.com
Sent: Friday, July 29, 20053:17 PM
To: Haak, Lori
Subject: Wetland Alteration Permit for Marianne McCord & David Sanford
I am writing in support of the project Marianne and David have planned. I won't be able to attend the Planning Commission's
hearing on the proposal because it's being held at the same time as National Night Out, and our neighborhood is having their
annual gathering.
Frankly, I'm glad to see someone trying to improve our end of Lotus Lake! I can't see any problems being caused by the
boardwalk and dock, and their presence can only improve the neighborhood.
Regards,
Jim Lyon
890 Fox Court
Chanhassen
952-470-3593
&CANNf.O
7/7Q/7()()"i
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
AUGUST 2, 2005
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt
Papke, and Mark Undestad
MEMBERS ABSENT: Dan Keefe
ST AFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water
Resource Coordinator; Don Asleson, Natural Resources Technician; and Sharmeen AI-Jaff,
Senior Planner
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen
7305 Laredo Drive
PUBLIC HEARING:
REQUEST FOR WETLAND AL TERA TION PERMIT TO CONSTRUCT W ALKW A Y
AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH. MARIANNE McCORD
& DA VID SANFORD. PLANNING CASE 05-22.
Public Present:
Name
Address
Marianne McCord and David Sanford
Tom Meier
J ahn Dyvik
6440 Fox Path
695 Pleasant View Road
610 Pleasant View Road
Lori Haak presented the staff report on this item. Commissioner McDonald asked for
clarification on the depth of the lake in this area, dredging of the channel and placement of the
dock. Commissioner Larson asked for further clarification on placement of the dock.
Commissioner Papke asked staff to explain what responsibility and authority the Planning
Commission has in regards to the conservation easement and if there is precedence of the
Planning Commission over riding a conservation easement in granting a dock like this.
Chairman Sacchet asked why Lot 9 was not included in the community dock and clarification on
the city and state regulations for docks. The applicant, David Sanford, 6440 Fox Path provided
background information and his wife, Marianne McCord presented more detailed information of
their request. Commissioner McDonald asked the applicants to explain what their understanding
was when they purchased their home and their definition of open water. Chairman Sacchet
opened the public hearing. Tom Meier, 695 Pleasant View Road provided historical background
on this neighborhood having lived for 9 years at 6410 Fox Path, which is Lot 6, and now living
Planning Commission Summary - August 2, 2005
at the property with the dock directly adjacent to where this dock is proposed to go. He showed
pictures and reviewed the letter he submitted to the commission stating his opposition to this
request. Chairman Sacchet closed the public hearing. After commission discussion the
following motion was made.
McDonald moved, Papke seconded that the Planning Commission recommends denial of
the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox
Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson
who opposed, and the motion carried with a vote of 5 to 1.
PUBLIC HEARING:
REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R. SUBDIVISION
WITH VARIANCES OF APPROXIMATELY 36.01 ACRES INTO 30 LOTS. 1 OUTLOT
AND PUBLIC RIGHT-OF-WAY; CONDITIONAL USE PERMIT FOR GRADING IN
THE BLUFF CREEK OVERLAY DISTRICT; AND SITE PLAN APPROVAL FOR 138
TOWNHOUSES. THE PROPERTY IS LOCATED EAST OF AUDUBON ROAD AND
NORTH OF PIONEER TRAIL (1500 PIONEER TRAIL). LIBERTY AT CREEKSIDE.
TOWN AND COUNTRY HOMES. PLANNING CASE NO. 05-24.
Public Present:
Name
Address
Kevin Clark
Rick Janssen
Ed Hasek
Town & Country Homes
Town & Country Homes
Westwood Professional Services
Kate Aanenson presented the staff report, noting that staff is recommending tabling of this item.
Commissioner Papke asked for clarification of the sight line elevations from the Peterson Bluff
neighborhood stating a desire to better understand the transition process. Commissioner
McDonald asked to see more clarification on the road system in the area. Chairman Sacchet
asked for clarification on grading, retaining walls, housing types, access to the wetland
mitigation areas, and tree inventory. Commissioner Papke asked for clarification of the parking
plan. Kevin Clark, Director of Land Development for Town and Country Homes introduced his
team of Rick Janssen, Vice President of Acquisition and Ed Hasek, Senior Landscape Architect
with Westwood Professional Services. He thanked city staff for their assistance and reviewed
their proposal. Chairman Sacchet asked for a clearer understanding of why they were choosing
to go with only one housing type and clarification of the X's on the tree survey. Chairman
Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo Drive asked why the item was
noticed with variances when no variances were being requested and clarification of the
difference between public street, private streets and private drives. Chairman Sacchet closed the
public hearing. The commission directed staff and the developer to address the items listed in
the staff report along with the following items: show the location of the trail along Bluff Creek,
look at the gathering areas to perhaps include playground equipment, look at an additional
housing product, and additional off street parking.
2
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
AUGUST 2, 2005
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: UIi Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt
Papke, and Mark Undestad
MEMBERS ABSENT: Dan Keefe
STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water
Resource Coordinator; Don Asleson, Natural Resources Technician; and Sharmeen AI-Jaff,
Senior Planner
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen
7305 Laredo Drive
PUBLIC HEARING:
REQUEST FOR WETLAND AL TERA TION PERMIT TO CONSTRUCT W ALKW A Y
AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH. MARIANNE McCORD
& DA VID SANFORD. PLANNING CASE 05-22.
Public Present:
Name
Address
Marianne McCord and David Sanford
Tom Meier
J ahn Dyvik
6440 Fox Path
695 Pleasant View Road
610 Pleasant View Road
Lori Haak presented the staff report on this item.
Sacchet: Thanks Lori. Questions from staff. Go ahead Jerry.
McDonald: I've got a couple questions for you. You mayor may not know the answers. At that
end of the lake what's the depth of the lake?
Haak: Well I can only say with what we've seen and there have been other dock issues in that
area. In the channel, that area of the lake, the center of that is about 4 feet deep max. Even out
in that area, it is quite shallow and actually we saw the presence of floating bogs or actually
sediment that was showing up at the surface in and amongst the aquatic vegetation so it is quite
shallow.
Planning Commission Meeting - August 2, 2005
McDonald: Okay. One of the other things in your report was, you talk about I guess the existing
docks. They dredge those channels out. How often is that dredged and who pays for it?
Haak: Actually I'm not, I couldn't state for certain that it was. I do know that there would
probably need to be some dredging in order to accommodate this dock. But I think in the past
they mayor may not have been actually dredged. I'm not sure. There may be some people here
tonight who can speak to that better.
McDonald: And then the other thing you talk about is that, in putting the walkway and then the
dock, you talk about the jog that's going to have to be made in order to get, I guess to miss the
existing dock there, the far western dock which is pretty much right on the border. Aren't they
going to have to go across the property of Lot 10 in order to get out there to make the jogs that
you're talking about?
Haak: Yes. Actually that is. There's a little bit of a discrepancy. There is a little bit of an
uncertainty as to whether or not the applicant has the right to do that. Typically the interpretation
that staff makes, and I believe the DNR makes is that you really don't have a lot of property
rights below the ordinary high water mark of your property simply because that's where the
DNRjurisdiction takes over. And that's something we'd have to check with the attorney about.
I haven't actually asked that question but that is a point that would definitely have to be.
McDonald: Okay, and then is that the same thing with Lot 8 because at that point if they now
have property below the ordinary high water mark and they want to put a dock out, then we end
up trying to put 3 docks in that particular area.
Haak: Yes, that's correct, and that's one of the concerns.
McDonald: And then we go down through and we have to cross over Lot 10, then Lot 10 which
is governed by this common dock suddenly wouldn't they have rights to this dock also or at least
be able to say I want access to it by?
Haak: And I don't know the answer to that question. That's something that we'd have to check
with the attorney.
McDonald: So we potentially could be opening up a can of worms there as to.
Haak: Correct.
McDonald: Now, you talk about in the beginning when all this was put together and the intents
for Lots 1 through 9 as it was negotiated with the developer before any of this was cut out the
developer agreed that Lots 1 through 9, as he put them together, would not have lake access. So
all of that was put into the original agreement in order for him to get the development.
Haak: Well it wasn't stated that way. Lots 1 through 9 weren't addressed really. Lots 7,8 and 9
do have the conservation easement because the 900 elevation does cross those three additional
properties but the only lots that were addressed specifically were Lots 10 through 19. So it
2
Planning Commission Meeting - August 2, 2005
didn't, it didn't say that they didn't have, you know it didn't explain that they didn't have dock
rights but they were left out what appears to be intentionally.
McDonald: So Lot 9 wasn't discussed but your position would be that when the conservation
easement was put in, that covers Lot 9 as far as...
Haak: Oh absolutely. Absolutely.
McDonald: Okay. I have no further questions.
Sacchet: Okay. Any other questions?
Larson: Yeah, I've got one.
Sacchet: Go ahead Debbie.
Larson: Can you point on your aerial view where the proposed dock would be? I was a little
unclear as to where that was supposed to go.
Haak: That would be the end of it.
Larson: Okay. Would that be this permanent pier, whatever you want to call it, that would be
there forever?
Haak: Yes.
Larson: And then there would be an additional dock added to that.
Haak: It would depend on where the, in most cases when we make this recommendation you
have the wetland that you're crossing then you need to cross additional open water, so it may be
the case that in this instance they would not need to cross additional open water so therefore
there would not need to be a seasonal component to it. We just haven't established that yet
because we're not exactly sure of where it would need to be aligned.
Larson: I see. Okay.
Haak: In order to get access to the lake.
Larson: Okay.
Papke: Two questions. Reading, it almost seems like a legal issue. Could you please explain
what the responsibility and authority of the Planning Commission is in regards to the
conservation easement. Now that easement is a legally binding document. I mean do we have
the authority to over ride that with this wetland alteration permit? Where does our authority
come in here exactly?
3
Planning Commission Meeting - August 2, 2005
Haak: Do you have any, okay.
Aanenson: The conservation easement, as Lori indicated, was a condition of the original
approval. All you can do is recommend to the City Council who would have the authority to
remove that conservation easement. So the City Council would have to be the one, but you
would make a recommendation.
Papke: Okay. Okay, got it. The other question I have, is there a precedent for the Chanhassen
Planning Commission of over riding such a conservation easement for the granting a dock like
this?
Haak: I'm not aware of any.
Papke: So this would be the first time we would ever do something.
Haak: Right. Typically when the city vacates conservation easements, it's because there's
nothing to conserve any more. We've done it in instances, I know in Longacres as an example
where the trees got cut down for some reason or another with the house building or the
development or something like that.
Papke: But specifically for the granting a dock like this, for the granting of that.
Haak: Yeah, I'm not aware of any.
Aanenson: The other point that I wanted to make is, again as Lori indicated is that there was a
lot of history that went into the discussions of how to get those, so there was kind of a
compromise. In order to get the dock there was conservation easements.. .discussion and we're
not, those notes in the file but not to the depth and breadth of really what all those negotiations,
discussions were so going forward in time we're trying to go back and kind of re-create what
those discussions were. It's our belief there was a strong purpose for putting that in place and
that was strictly to limit the boats and the docks on the lake.
Sacchet: A couple more questions. Is there any knowledge or wisdom why Lot 9 was not
included in the community dock? We don't know anything about that?
Haak: No. It was, like I indicated earlier, it just wasn't even brought up.
Sacchet: Now obviously looking at the aerial photograph, there is no open water. I mean it's all
vegetation so they would have to be, the vegetation would have to be cut to make a water way.
Haak: Potentially, and again the applicant, in my conservations with the applicant, the applicant
is interested in extending the dock. They do believe, and I think they'll share this in a minute,
but that they can get a dock extended into the end.
Sacchet: Of the existing water way there?
4
Planning Commission Meeting - August 2, 2005
Haak: Right. In order to gain access.
Sacchet: So it would be minimizing the amount of.
Haak: That's correct.
Sacchet: Now I don't quite understand why Lot 8 keeps coming up. It seems like that one is
quite a bit further removed from actually the water.
Haak: In, this is actually a copy of the preliminary plat. This isn't the actual recorded version
but it does show documentation that the 896 point, well 896 contour, which is right here, does
extend onto Lot 8. And based on the applicant's most recent survey and the surveys of other
properties in the area, it also appears that that hasn't changed. That that is consistent, so there
would be some shoreland frontage.
Sacchet: That little corner would be sufficient to consider that that lot has riparian rights?
Haak: Yes, because they can. This crazy little drawing is the illustration of the dock setback
zone and how our code reads as far as interpreting dock setbacks. What the code says is you
connect two points where the ordinary high water mark meets each property line and you
connect those with a straight line, and then you draw at a 90 degree angle a 100 foot line, and
then where those overlap on neighboring properties, you split the difference. So, and they have
to meet a 10 foot setback from that. Following? It takes a couple times reading through it to get
it. And it's probably taken me the 5 years I've worked here to figure that out but, so that's how
this, which is called the extended lot line is derived and then the yellow as shown here is the
dock setback zone.
Sacchet: So the blue is actually Lot 8?
Haak: The blue is actually Lot 8, so they would be able to, you know if there was a 10. Could
you get me my scale please. The one line I didn't put on here. I think this is 40. So if you look
at a 10 foot setback here, there is actually about 10 feet right in the middle there that we would
be talking about.
Sacchet: But wouldn't it come to a point further south?
Haak: All you extend the lot lines are 100 feet though. So that's all they have to meet the
setback for. So as long as they meet the setback at that 100 foot mark, it's fine. Which is why
this dock, well actually this, why this extends past the green here. And it kind of jogs over is
because they don't have to meet the setback.
Sacchet: So it has to be 10 foot from the green there at the 100 foot, and then basically it's free
for grabs?
Haak: Yes. Yep. When I put these together it got a little shifty but I think this shows the idea.
5
Planning Commission Meeting - August 2, 2005
Sacchet: That's good information.
McDonald: Can I ask a follow up?
Sacchet: Go ahead Jerry. Go.
McDonald: On that particular one, didn't you say earlier that anything below the ordinary high
water mark on the State is considered the lake and no one's really got rights within there. It's the
State.
Haak: Except that the City has adopted this additional requirement of a setback.
McDonald: Okay.
Sacchet: Okay, well this is very helpful Lori. Thanks for explaining this. Any other questions?
Thank you Lori. With that I'd like to invite the applicants to come forward and tell you your
view. Tell us your view of what's going on here. This looks like an interesting. Welcome. If
you want to state your name and address fof. the record.
David Sanford: Yes, I'm David Sanford and I live at 6440 Fox Path. I'm going to start off with
some, a couple points to Lori's presentation and then just some overview of kind of how this
process started so there's some background and my wife's going to get into a little more detail to
the specific points. You know first thing I think the absence of nothing written about Lots 8 and
9 does not assume anything. So nothing written does not make a point. There's contradictory
remarks on Lots 16. One is it had an independent dock and one is it doesn't. It does not. 17,18
and 19, 10 through 16 have the shared dock. Ijust want to clarify a couple points because that
went back and forth. And I think that proves that some of the things that were written in that
original thing had changed. And Lot 16 was one. But kind of some highlights. First, we bought
our house in '98 so well after the development of the project. There was no mention of any
conservatory in our closing documents and we refinanced. Checked the title insurance. No
mention of this conservatory in any of that. The goal of the conservatory is to protect the
environment. We have done probably more than a lot of other folks in the conservatory nature.
First, we use state approved and natural fertilizer. We do not use phosphorous based ones. We
planted over 20 to 30 trees in different varieties in our yard and into the berm. We've reduced the
turf in our yard by over 50% where many folks have extended turf against the conservatory
option with no input from anyone out there. We've not used any sealant on our driveway to
affect the environment. We don't change our own oil on our property. And my wife's an active
participant in master gardeners in the Arboretum. When we first contacted Lori about this, it was
actually in the purpose of offering our home to be, how to environmentally 1akescape your
property. So we're very much into the conservation of our property. And the first purpose of
calling this was not really to build a dock but to understand the rights are of some other docks
that were built that were extended well beyond their original area, so it was more into
understanding the purpose behind the lakes. We then asked in April, to Lori's point, you know
hey, why can everyone build a dock and seem to do whatever they want on the lake and we seem
to have a lot of 1akefront property. Lori very much encouraged us to pursue this issue. And so
we've, you know we looked at that and we saw that a lot of people were changing the docks and
6
Planning Commission Meeting - August 2, 2005
extensions. We discussed the impact of the environment on this end of the lake and Lori said at
that time things were, I think the term we've kind of wrote down, were a bit fuzzy at this end of
the lake. So we knew there was some challenges around it. Our original survey, as I think she
showed getting to a point, which was an error. We actually have open water. In fact you know
in reality I think 26 feet of open water we understand is required. We have about 100 feet of
open water on our property. And then Lori strongly encouraged us to get a survey for our lot and
actually indicated how beneficial to the city this would be to clear up many issues on this end of
the lake, and some of the changes on that were specifically requested by Lori during our survey
and then my wife is going to get into a little more detail.
Marianne McCord: The map that we used, or that she used. If you could put up this map.
Haak: Oh sure.
Marianne McCord: It's a little confusing because.. .he thought this was all vegetation but it's
water vegetation so depending on what time of the year you take the picture, sometimes it will
look like open water. Sometimes it doesn't. These right here are actually two lots, and so
there's open water for this in combination with the second one is about the same amount that we
have open water. One of the other things that has been brought up was this part about 8. Well,
there's a open high water mark here and it goes this way but if you would just use the open water
that we have on our lot, that's Lot 8. So I'd like to go over.. . and I'm going to just address them
very briefly. Again my husband talked about lake preservation and we very much want to go
ahead and use the dock. It would be a very simple dock. We don't want to, when we first
moved there, these two docks right here were just a straight, long dock and that's all we want.
We feel that in a way our lot is being asked to do all the preservation at this end of the lake and
then other lots don't even have to follow the same things that we have to follow. We are good
stewards of the land and we, again my husband spoke about the conservancy. Issue number two
is reasonable access, and we are besides 9, we are the only ones who, Lot 9 is the only one that
has the open water. Open water. These do too but then somehow in the original lot, or original
surveys they went ahead and gave them dock use. If you go around the lake right here, we're the
only lot that doesn't have either an access to a dock or a dock. Everybody else does.
Encroachment into drainage swale and utilities. If my husband can pass this out. One of the
reasons why we went ahead with the dock that we went with was because we talked to Lori and
Don and they had initially said these things.. . and it saves us money anyway so we would be
happy to do that. Four is dredging. I actually called Lori because we had 4 bids and during one
of my calls somebody had stated that some people at the other end, my end of the lake were
thinking about dredging and would I go in with them because it would spread the cost and it
would be great, so I called Lori and I said well is this even possible. Can we do that as a
conservation effort and you know what were the issues, so when we personally went down there,
you can go back down to that part of the lake. We were down there with some friends and they
have a boat, depth finder and it is 3 feet so we feel that shouldn't be a problem right now with
dredging. Again issue 5. 7 and 8 are part of the conservation effort but again they have no open
water on their property. You also brought up something about in our area perhaps has there been
a precedent with this. There's been a precedent in our neighborhood. In this big code of how
many inches Lori did you say, just hundreds of paper, we have a public trail and for 15 some
years nobody did anything about it so all of a sudden we were going to lose that trail and we had
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Planning Commission Meeting - August 2, 2005
to go with the city. We went, we planned. There's some people who wanted it. Some people
who didn't and they actually altered it from what the original documents were. So it was
supposed to be 10 feet with so much easement and they went ahead and switched that. Again
sticking with then finally with issue 6. Again the ordinary high water mark can only be an
estimate on Lot 8 because they haven't had that before, and this lot right here has changed the
ordinary high water mark so you cannot take a point from here to here and know exactly where it
is because it's been changed. And our lot actually wouldn't require an easement because if you
follow, where's your, you know with all the negatives... If you follow in here, Lot 8, yeah Lot 8,
then we too can go off to this area and this then becomes our, kind of a variance so if you're
applying that rule over here, you then have to apply it over here and we have no problem cutting
that and doing that. So I guess the part that we have a problem with and why I called Lori way
back in April, and I had contacted her even 2-3 years ago, was that it didn't seem that things
were being fairly applied to my lot, the lot next to me and I just wanted to make sure that (a), I
was conserving well by being a good steward of the lake, but also what they got to have, I can
have.
Sacchet: Thank you. Anything more Dave?
David Sanford: One more point. You know as we went through this process, I think the other
point that I want to make clear is, we worked closely with staff and had numerous meetings and
literally encouraged. As a matter of fact during our survey process staff came out to ask for extra
points on the survey that they wanted, which cost us about an extra $500 for our surveyors, and
we were very much encouraged that this would be a supported thing, so quite frankly we were
dismayed and a little bit surprised by the staff report, based upon the 4 months previous of our
actions and working together.
Sacchet: Thank you. Any questions from the applicant? No? Okay, thank you very much.
Yeah, you have one? Go ahead Jerry.
McDonald: When you bought your house was it sold as having lakefront property?
Marianne McCord: It said we did. It said that we didn't have a dock.
David Sanford: It said that we didn't have access to the shared dock. We knew that and we
knew we had lake view. We knew we had water.
Marianne McCord: We knew we had water but again if you went back to the original lot on the
survey, I don't know where that one is. That one unfortunately showed us, and in fact that was 2
or 3 years ago I contacted Lori and at that time she was giving me that 26 feet, 10 feet on each
side and a 6 foot dock and she said, well you know she was looking at it and I was looking at it,
We thought it just came to a point when in reality it comes out like this. So we had more than 26
feet of open water and adjacent to a point so again I think the problem was, in the 80' s when it
was extremely fuzzy, and we were working, until we figured out exactly what our survey is.
And I was a little confused with that too because I think the survey is supposed to be legally
binding. I mean you're not supposed to switch it. It shouldn't have been just...it should have
shown that we had more.
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Planning Commission Meeting - August 2, 2005
McDonald: Okay, so I'm understanding this about you keep mentioning open water. Where the
64 feet is at on this one where it shows the dock coming down, that would be open water so the
boat would actually dock there and you wouldn't have to go out beyond the dock next to it?
Marianne McCord: Well what happened here was, again while we were going through the
survey and costs, we realized that this next dock was less than 10 feet on what was considered
our property line. So we were a little confused about that and again Lori, it was the 100 feet kind
of thing like that. So depending on how we come up here, we could probably have done just
parallel to that and now that we've heard concerns, we would bring it over to the ordinary high
water. Bring it up to within 10 feet of what is considered our property line, and then bring it
parallel over so it wouldn't be 64 feet. It'd be much less.
McDonald: Okay, and at that point would there be access problems between your dock and the
dock next to it?
Marianne McCord: No, we would try, well no because that wouldn't be fair but no, we would go
ahead and move it back over here. Then move it back up. Here's where this comes in. Again
the water actually comes down to about here. That's this.. . and then we would just bring it up
here and run it parallel. And we only want a very, very simple dock.
Larson: Because it really does appear close.
Marianne McCord: But these two docks are very close too, so it's been done before.
McDonald: Well if you bring your dock across, what impact does that have on Lot 10, which is
the one next to you?
Marianne McCord: Again we would be out, if you see the line right here. . . and survey and then
if you go back to Lori's, this part, it would have absolutely no impact. So regardless of which
way you want to look at it, on that surveyor. . .
David Sanford: Lot 10 does.. .have access to the shared dock.
Marianne McCord: Community dock.
David Sanford: But we don't believe that anything we do would cross into their property line...
Sacchet: Any other questions of the applicant? No? Thank you very much. Now this is a
public hearing so I'd like to open the hearing and invite anybody who would like to comment to
this topic to come forward now and let us know what you have to say. If you would please state
your name and address for the record please.
Tom Meier: Good evening commissioners. I'm Tom Meier and I'm at 695 Fox Path. Or pardon
me, Pleasant View. I used to live in Fox Path and I addressed a letter to the Planning
Commission this week. We lived for 9 years ourselves at 6410 Fox Path which is Lot 6. From
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Planning Commission Meeting - August 2, 2005
1990 to 1999, and it was clear in our subdivision and it's in the by-laws of the subdivision which
are attached to Lori's report that only Lots 10 through 19 had access to Lotus Lake. While Lots
2 through 9 had lake views, they were not and we were not allowed to directly access the lake.
And the reason is, it's a conservation easement which is a lot different than a utility drainage
easement. We now live directly east of this property at 695 Pleasant View and I am the dock
adjacent to where they're proposing to go. And I had a number of points that I put in my letter.
The first one, to reach open water in a straight line direction, while maintaining the city code
dock setback requirements, which is a straight line to open water, and if you stay within the
easements of this drawing, they will hit the shoreline. Because this, does this show up? This
line, if you allow rights here, he also has the rights and their blue lines where it cross over the
orange lines so you split the difference as was indicated. So they would then have to come out
this direction. Here's my dock over here. They're proposing to come very close to my dock but
you would in effect have to come this direction, but they're crossing Lot 10 and Lot 10, it also
has the same riparian rights which changes this line right here. You now have to get this
ordinary high water mark to determine the riparian rights of Lot 10. So I believe Lot 10 riparian
rights, the high water marks are about here and here, which means their line would look like this
so they'd split this difference and they'd have to come in here and in here and somehow still
cross this lot. And they are now intruding on the space of Lot 8, so if they've got a direction out
of here somehow, because Lot 10 granted it or you did, they would just go onto the shoreline
because the city code requires a straight line direction. This area by the way is very shallow. It's
2 to 4 inches of water currently and if we don't get rain it will dry up to a, it will completely dry
up. There is no water typically in the area that they're proposing and they want to extend their
dock from their house, quite a ways behind their house. There will be 440 feet from their back
yard to the end of my dock. And then to get to open water they would have to dredge from their
dock around their dock to that channel which I just went through this to get a dredging permit, if
you can get one. The DNR will probably will fight you and not grant you one but the minimum
cost to get a dredger is $50,000 because it's such a complicated process. This is considered
protected environment but it's contaminated soil. You have to remove it. You have to put it in
an enclosed environment until it absolutely dries out. They have to mix it with good soil and re-
process this and then haul it back to the earth and put it back in. It takes a year to do this and it's
a very involved process. There's only one dredger around. That's Minnetonka Dredging. I
talked to him about it and it's a very complicated process. But trying to get a DNR permit is
almost next to impossible. That channel has been there for many, many years and it's basically
dredged out from boat traffic, not from any other kind of dredging so. Our, so your other
neighbors are going to be adversely affected by their proposal, plus you're going to set a
precedent for the whole subdivision which allows everybody in that subdivision to go back to
what you're calling lake frontage. The reason 10 through 16 have a common shared dock is
they're all in wetlands and they're all on vegetation. When you get to dock number, or Lot
number 17, 18 and 19, they're actually on the lake. They have pretty good lake frontage. But 10
through 16 have all kinds of vegetation and I've got pictures that I want to show you as well.
They're proposed extension by the way was within 8 feet of our dock because they failed to
draw. There was a proposed drawing. My dock actually comes out to the end of this dock. It' s
a U shaped dock and then there's a platform, viewing platform that goes 8 foot out to that
direction. So the way it was proposed to us, it's too close. The channel is maintained by, with
the weeds by myself. It gets complicated trying to get neighbors to share in these costs and I'm
quite frankly not interested in partnerships or agreements. Our land is private. It's separate from
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Planning Commission Meeting - August 2, 2005
the Fox Chase subdivision. The Fox Chase subdivision when it was established, ended up with
this conservation district and that's what is governing this whole discussion. And this
conservation easement supercedes, again I want to reiterate, supercedes all riparian rights. There
is a family, there's a lot of wildlife down there. There's a family of deer right where this dock is
proposing to go through. There are, a lot of people don't know it but there's giant snapping
turtles that live in that wetlands and they're absolutely huge and there's all kinds of birds and
wildlife that live back there. And as far as the fish, in the spring that's where the pickerel and the
carp mate and it's a quite active area. So you'd be going through and destroying a lot of the
vegetation and lake, or what little water there is, and affecting the fish. In the spring, this is a
view in front of my dock. And it's very shallow. This is high water in the spring after all the
rain, but there is mud where they would have to, this is not silt. This is actual mud that they
would have to remove, which means they'd have to dredge. This is a little different angle of the
same. There's a thing on my dock, so looking to where they want to navigate, and again there's
2 to 4 inches of water where you're looking around that mud. This is what it looks like right
now. Coming off the dock. They put a survey stake here next to my dock. And looking at it,
it's solid vegetation. There's just a slight amount of open water but that will fill in with
vegetation as well.
Haak: Just for reference, that stake, if you could remove that last picture Tom real quick. That
stake is where the McCord/Sanford property comes to a point. That appears to be where that
stake is so.
Tom Meier: What that stake represents is lakeshore. Okay? You have 3 different things.
You've got lakeshore. You've got a wetland and you have this high water mark. So there's 3
lines and the stake is where the lake actually starts. And the wetlands is back kind of in the
middle and then there's the high water mark, so high water mark is simply an elevation above
sea level. It's 896.3. These are just more shots at the end of the dock. Trying to show you the
vegetation. I took this shot to show the water depth. We can, if you saw the picture up close, you
can see into the water and how shallow it is. This is looking back from the end of the dock
towards their house. Their house is back here. Again, that's my dock. It's 550 to 600 feet from
the end of my dock to their back door.
Marianne McCord: From that point it's 466. It's on the survey.
Tom Meier: It's where the dock would start and to their house. It's further and then they still
aren't in open water and you can't just go out there and turn your docks. The city code says you
have to go in a straight line to open water. These are just more shots. I took these shots this
morning so they're quite current. Oh here's, there's the shot of the water depth. You can see
again if you want to look at this up close you can see the bottom. It's not very silty. It's mucky.
So a lot of people think you can just go in with an outboard and open that up but you can't. It' s
very, very dense. I looked up on the DNR site the definition of a conservation district and,
easement I should say. And I'd like to read this paragraph. Conservation easement means a
non-possessory interest of a holder in real property imposing limitations or affirmative
obligations, the purposes of which include retaining or protecting natural, scenic or open space
values of real property. Assuring it's availability for agricultural, forest, recreational or open
space use. Protecting natural resources. Maintaining or enhancing air quality, water quality or
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Planning Commission Meeting - August 2, 2005
preserving the historical, architectural, archeological or cultural aspects of real property. Now
holder means the government body empowered to hold the interest in the real property under the
laws of the State, which is the City of Chanhassen and that's stated in the agreement with the
developer and the City. So you are the holder, not this commission but the City is the holder of
this easement. And it's there for conservation. And in the conservation it states that no dock,
structure, building can be crossing through a conservation district. So again that supercedes.
There was a question earlier about the judicial actions. Again this is looking at the main part of
the code of the DNR and judicial actions is an action affecting the conservation easement may be
brought by an owner of an interest in the real property burdened by the easement. A holder of
the easement, which is the City. A person having a third party right of enforcement. A person
authorized by other law. So it's very narrow who can affect the changes on these kind of
districts so being that there are no rights to the lake, being that the conservation easement
disallows it and there is drainage and utility easements through the same area, it's, it would
adversely affect the laws. And I think that's pretty much what I wanted to present. Any
questions?
Sacchet: Okay, thank you very much. Anybody else wants to address this item? This is your
chance. Seeing nobody, I'm closing this public hearing. Bring it back to commission for
discussion and comments. You want to start Kurt?
Papke: Sure. I'm adamantly opposed to this application. I think it's bad for the lake. It's bad
for the neighbors and it puts the city on a very slippery slope, pun intended, in regards to making
precedence with easements. The conservation easement is very black and white. It states it's a
perpetual conservation easement. Perpetual. Names Lot 7 through Lot 19 inclusive. Specifically
prohibits docks and walkways. Alteration of vegetation in any manner or form. I think this one
is about as cut and dryas it gets from my perspective.
Sacchet: Okay. Thanks Kurt. Deborah.
Zorn: While I feel for the homeowners and they feel like they're the only home without a dock
accessing the lake, I would have to say I would side with adhering with the conservation
easement as well.
Sacchet: Okay.
McDonald: Well I believe you could put a dock in there that would not impact on the area. I
have seen quite a few areas but the problem I have is the easement that was negotiated. That was
part of the original development. It should have been on your title. If it's not, I'm sorry but you
know, whenever they do the searches, the easement should come up. That is a restriction on
property use that is there. It is law. It follows the property and because of that I could not
support it. There is just no way around it and if we start trying to do that, we're opening up a big
can of worms. Again this was negotiated several years ago as part of this development.
Everyone was on notice. They understood what the conditions were and because of that I
couldn't support it.
Sacchet: Okay, thanks Jerry. Debbie.
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Planning Commission Meeting - August 2, 2005
Larson: Boy. I actually went out and looked at this on my kayak and I looked at the area and it
is very shallow. However, in looking at the dock next door I'm seeing that he's quite close to the
line as well and he's got ajog in his straight line and so there's an issue here. I guess I wouldn't
be terribly opposed to having the dock just because it's not going to make a huge difference
compared to what's already there. However, the conservation easement is pretty big and it's
very clear cut what it says that you're not supposed to put anything on it. But my main issue is
the fact that the developer didn't put it in the original, you know he covered through Lot 10 and
it was very clear that he intended possibly to have lake rights or dock rights for those lots and not
your's and it wasn't lined, outlined in there that it was to include Lot 9 and it looks like perhaps
it was, it was such a small portion at the time that he looked at it. As I say, I'm a little bit, I
could go either way but leaning towards perhaps not allowing this to go through as well.
Sacchet: Okay, thanks Debbie.
Undestad: No comment.
Sacchet: No comment? I do want to point out just two things. We heard from one resident
speaking against it. We also got written comment from another resident that is supporting the
applicant in putting the dock in. And then I further want to point out that this is a
recommendation with City Council that ultimately City Council will make the final decision on
this. Other than that I don't really have any specific comments. I think it's an unfortunate
situation that in the original situation this was not considered, that there is water on that lot. It's
also unfortunate that the conservation easement apparently wasn't discovered until quite far into
this process because without the conservation easement it'd be clear that the lot has riparian
rights, and obviously that came as a not very pleasant surprise for the applicant and all of a
sudden there's this conservation easement. But you made it very clear from staff's side that the
City Attorney stated distinctly that the conservation easement supercedes the riparian rights and I
think that's only the fulcrum of what we have in front of us here. So that's my comments. With
that somebody want to venture a motion please?
McDonald: I'll make the motion that the Planning Commission recommends denial of the
Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox Path, based
upon the Findings of Fact in the staff report.
Sacchet: We have a motion. Do we have a second?
Papke: Second.
McDonald moved, Papke seconded that the Planning Commission recommends denial of
the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox
Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson
who opposed, and the motion carried with a vote of 5 to 1.
Sacchet: So this will go to council on August 22nd and I encourage you to present your case
there and see what the situation will be. Thank you very much.
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