Site Plan Permit Transmittal 3-8-06
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
3/8/06 05-30
ATTENTION
Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8] Attached 0 Under separate cover via the following items:
D Shop drawings
o Copy of letter
D Prints
o Change Order
D Plans D Samples D Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 1/23/06 Site Plan Permit 05-30 (Minnesota Valley Electric Substation)
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o As requested
o Approved as submitted
o Approved as noted
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
o Returned for corrections
o For review and comment [8] For Recording
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
SIGNED:
\.
COPY TO:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT #2005-30
Minnesota Valley Electric Substation
SPECIAL PROVISIONS
AGREEMENT dated January 23, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and The Minnesota Valley Electric Cooperative
(the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of an electric sub station and a fence (referred to in this
Permit as the "project"). The land is legally described in Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A:
Minnesota Valley Electric Cooperative Topographic Survey, dated received
September 2, 2005, prepared by Bolton & Menk, Inc.
Minnesota Valley Electric Cooperative Site Layout, dated received November 30,
2005, prepared by Bolton & Menk, Inc.
Minnesota Valley Electric Cooperative Details, dated received November 30,2005,
prepared by Bolton & Menk, Inc.
Plan B:
Plan C:
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Plan D:
Plan E:
Plan F:
Plan G:
Plan H:
Plan I:
Minnesota Valley Electric Cooperative Landscaping Plan, dated received November
30, 2005, prepared by Bolton & Menk, Inc.
Minnesota Valley Electric Cooperative Plan View, dated received September 2,
2005, prepared by Heartland Engineering Services.
Minnesota Valley Electric Cooperative Profile View, dated received September 2,
2005, prepared by Heartland Engineering Services.
Minnesota Valley Electric Cooperative Estimated EMF Levels, dated received
September 2, 2005, prepared by Heartland Engineering Services.
Minnesota Valley Electric Cooperative Profile, dated received September 2,2005,
prepared by Heartland Engineering Services.
Minnesota Valley Electric Cooperative Wall and Fence, dated received September
2, 2005, prepared by Bolton & Menk, Inc.
4.
Time of Performance. The Developer shall install all required screening and
landscaping by October 15, 2006. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer
shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $12,481.00 (Landscaping). This amount has been calculated at a rate of 110% of
the actual value of improvement.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Mr. Dennis Wolf
Minnesota Valley Electric Cooperative
125 MVEC Drive
Jordan, MN 55352
(952) 492-8260
dwolf~vec.net
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
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Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On January 23,2006, the City Council adopted the
following motions:
"The City Council approves Site Plan 05-30 for an electric substation as shown in plans dated
received September 2 and November 30,2005, with variances to allow access off of Stoughton
Avenue, maintain a 200- foot setback from an existing residential neighborhood, and construct
the facility on a 2.35 acre parcel, based on the findings of the staff report, subject to the following
conditions:
A. Building Official Conditions:
1. Permits are required to construct the perimeter wall and fence.
2. The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
B. The developer must submit a construction detail for the proposed rock pad that shows
how the pad facilitates drainage under the decorative wall.
C. Annual maintenance shall be performed on the infiltration basin so that it will function as
modeled.
D. Overstory plantings shall be added to the understory totals for bufferyard plantings.
E. Detailed lighting plans shall be submitted including photometries and type of light
fixture. The ordinance requires no more than 0.5 foot candle at the property line. Only
downcast shielded fixtures are allowed as required by ordinance. Any security (motion
detection) lighting should also be shown."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
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CITY OF CHANHASSEN
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BY:
(SEAL)
"
AND:
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this~ay of mu<<M ,2006,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. ~I J\~A T lYlo, J G.~
)"t NOTAmUBLIC
DEVELOPER:
BY:
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Dennis Wolf
Its
Vice President, Special Projects
STATE OF MINNESOTA
COUNTY OF Lo.rvet"
)
( ss
)
The foregoing instrument was acknowledged before me this it, + hday of JlJ u. v"c h
2006by DI"IY\~s Wo\~
t
i
go KIM T. MEUWISSEN
Notary Public-Minnesota
My Commission Expires Jan 31. 2010
LJ~
LIC
4
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
. fAh ,Af\
Dated thIS ~ day of y V \Ct(Lh
,2006
BY:
Its
STATE OF MINNESOTA
COUNTY OF C fl\{"~l
)
( ss
)
~flJi
Dennis Wolf
Vice President, Special Projects
The foregoing instrument was acknowledged before me thislo~h day of JY\u'lc.h
2006by Ue(\(\\s \Nt> \-9-
~~ -r~~
NOTARY
{':~~I
~ . .it Notary Public-Minnesota
. ,,:-. .-...~'/ .
> ~'. ...,:~' My Commission Expires Jan 31. 2010
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
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EXHIBIT A
That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 115 North,
Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 3;
thence on an assumed bearing of South 88 degrees 52 minutes 27 seconds East
along the north line of said Northwest Quarter a distance of 2286.69 feet; thence
South 01 degree 21 minutes 25 seconds West a distance of 195.90 feet to the point
of beginning of the land to be described; thence South 52 degrees 44 minutes 44
seconds West a distance of 412.15 feet; thence South 34 degrees 48 minutes 12
seconds East to the intersection with the westerly line of the parcel conveyed to
Northern States Power Company by the document recorded in Book 61 of Deeds,
page 58, in the office of the Carver County Recorder; thence northerly along said
westerly line to the northwesterly line of said conveyed parcel; thence
northeasterly along said northwesterly line to the intersection with the westerly
line of the parcel conveyed to St. John's Evangelical Lutheran Church by the
document recorded in Book 46 of Deeds, page 19, in the office of the Carver
County Recorder; thence northerly along said west line to the intersection with a
line bearing North 52 degrees 44 minutes 44 seconds East from the point of
beginning; thence South 52 degrees 44 minutes 44 seconds West to the point of
beginning.
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHffiIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed
with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site
plan has been recorded with the County Recorder's Office of the County where the project is
located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
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the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable to the City to secure the warranties at the time of final acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred
resulting from site plan approval ~d development. The Developer shall indemnify
the City and its officers and employees for all costs, damages, or expenses, which
the City may payor incur in consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
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C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work and construction. Bills
not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
9 . Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from
the subject property within thirty (30) days following the issuance of a certificate of
occupancy unless otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
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F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under any
other agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this contract shall be
from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays,
with no such activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used. for construction or dewatering
purposes beyond the normal working hours will require City Council approval.
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K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative
sites are first provided, the two soil treatment sites identified during the site plan
process for each lot. This shall be done prior to the issuance of a Grading Permit.
Any violation/disturbance of these sites shall render them as unacceptable and
replacement sites will need to be located for each violated site in order to obtain a
building permit.
L. Compliance with Laws. Ordinances. and Regulations. In the development of the site
plan the Developer shall comply with all laws, ordinances, and regulations of the
following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for
deed purchasers too enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its
fitness for construction of the improvements or any other purpose for which the
Developer may make use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body members,
officers, and employees from any claims or actions arising out of the presence, if
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any, of hazardous wastes or pollutants, on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
o. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which
may exist.
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