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CC Staff Report 4-24-06 CITY OF CHANHASSEN 7700 Market Boulevard 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 :1~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP, Community Development Director DATE: ()0 April 18, 2006 SUBJ: Approve Amendment to Development Contract for Liberty on Bluff Creek BACKGROUND Liberty on Bluff Creek was given final plat and development contract approval on March 13, 2006. The applicant is requesting two minor amendments. The City Attorney has reviewed these changes and finds them acceptable. ANA YLSIS Town & Country Homes has requested that the City of Chanhassen modify the original development contract for Liberty on Bluff Creek to reflect their partnership with an outside group. Town & Country Homes has partnered with GMAC Model Homes Finance, Inc. in connection with the acquisition and development of the Liberty on Bluff Creek project. Town & Country Homes retains responsibility for the development of the property, though the cost of development will initially be paid by GMAC. The proposed modifications do not alter the responsibilities of Town & Country Homes to develop the property in accordance with the approved development contract which was considered by the City Council on March 13,2006. Town & Country Homes has requested that two documents be inserted as exhibits to the original development contract. Those documents are the "OWNER CONSENT TO DEVELOPMENT CONTRACT" and the "CONSENT TO PLAT FOR LIBERTY ON BLUFF CREEK." Because this partnership does not propose any modifications to the terms of the previously approved development contract, staff recommends approval. RECOMMENDA TION Staff recommends that the City Council approve the proposed attached amendments to the Liberty on Bluff Creek Development Contract. g:\plan\2005 planning cases\05-11 liberty on bluff creek\development contract changes.doc The City at 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. OWNER CONSENT TO DEVELOPMENT CONTRACT IN WITNESS WHEREOF, the undersigned, as owner of the property as legally described on Exhibit A" (the "Property") to this Development Contract, hereby consents to the within and foregoing Development Contract and the recording of such this _ day of , 2006. The undersigned is executing this joinder and consent solely for the purposes of subjecting the Property to the Development Contract. The undersigned is not assuming and expressly disclaims any and all personal obligations of the Developer under the Development Contract. All personal obligations of the Developer under the Development Contract will remain with the Developer. PROPERTY OWNER: GMAC Model Homes Finance, Inc. By: [Seal] Its: *** STATE/COMMONWEALTH OF * CITY/COUNTY OF * to wit: * I HEREBY CERTIFY that on the _day of , 2006, before the subscriber, a Notary Public in and for the above jurisdiction, personally appeared , known to me (or satisfactory proven) to be the of GMAC Model Home Finance, Inc., a Virginia corporation, and that such person, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: [NOTARIAL SEAL] 40 1046 IJDOC MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT Residential Funding Corporation, a Delaware corporation, the holder of a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of April, 2006. RESIDENTIAL FUNDING CORPORA TION By: Its: COUNTY OF ) ) ss. ) STATE OF The foregoing instrument was acknowledged before me this by the Residential Funding Corporation, a Delaware corporation, on behalf of the corporation. day of April, 2006, of Notary Public 40 1 6940_1.DOC CONSENT TO PLAT FOR LIBERTY ON BLUFF CREEK WHEREAS, Residential Funding Corporation, a Delaware corporation, is the mortgagee (the "Mortgagee") under the Mortgage with GMAC Model Home Finance, Inc., a Virginia corporation, dated April _, 2006 and filed of record , 2006 as Document No. in the office of the County Recorder, Carver County, Minnesota (the "Mortgage"); and WHEREAS the property secured by the Mortgage legally described on attached Exhibit A is being platted as Liberty on Bluff Creek; NOW, THEREFORE, Mortgagee hereby consents to said plat. Dated this _ day of April, 2006. RESIDENTIAL FUNDING CORPORA TION By: Its: COUNTY OF ) ) ss. ) STATE OF The foregoing instrument was acknowledged before me this by the Residential Funding Corporation, a Delaware corporation, on behalf of the corporation. day of April, 2006, of Notary Public This instrument was drafted by: Fredrikson & Byron, P.A. (LML) 200 South Sixth Street Sui te 4000 Minneapolis, MN 55402 401 6940_1.DOC EXHIBIT A Legal Description of Property being Platted That part of the Southwest Quarter (SWl,4) of the Northeast Quarter (NEl,4) of Section Twenty-seven (27), Township One Hundred Sixteen (116), Range Twenty-three (23) described as: Commencing at the Southwest comer thereof; thence North 1 degree 11 minutes 38 seconds West (assumed bearing) along the West line of said Southwest Quarter (SWl,4) of the Northeast Quarter (NEl,4) a distance of 531.9 feet to the actual point of beginning of the land to be described; thence continuing North 1 degree 11 minutes 38 seconds West along said West line of the Southwest Quarter of the Northeast Quarter a distance of 231.70 feet; thence North 88 degrees, 48 minutes, 22 seconds East, 470.00 feet; thence South 1 degree 11 minutes 38 seconds East, 231.70 feet; thence South 88 degrees 48 minutes 22 seconds West, 470.00 feet to the actual point of beginning, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. AND That part of the Southwest Quarter of the Southeast Quarter of Section 22, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the southwest comer of said Southwest Quarter of the Southeast Quarter of Section 22; thence South 88 degrees 08 minutes 10 seconds East, assumed bearing, 462.00 feet along the south line of Southwest Quarter of the Southeast Quarter to the point of beginning of the tract to be described; thence continuing South 88 degrees 08 minutes 10 seconds East 863.36 feet along said south line of the southeast comer of said Southwest Quarter of the Southeast Quarter; thence North 01 degree 06 minutes 07 seconds East 1310.74 feet along the east line of said Southwest Quarter of the Southeast Quarter to the northeast comer thereof; thence North 88 degrees 18 minutes 51 seconds West 66.00 feet along the north line of said Southwest Quarter of the Southeast Quarter; thence South 37 degrees 51 minutes 31 seconds West 157.08 feet; thence South 72 degrees 21 minutes 31 seconds West 287.10 feet; thence South 35 degrees 51 minutes 31 seconds West 125.40 feet; thence South 16 degrees 51 minutes 31 seconds West 244.20 feet; thence North 80 degrees 18 minutes 51 seconds West 93.91 feet to a point on the west line of the East Half of said Southwest Quarter of the Southeast Quarter; thence South 01 degree 06 minutes 32 seconds West 491.28 feet along said west line; thence South 38 degrees 05 minutes 03 seconds West 333.62 feet to the point of beginning. AND The West Half of the Northeast Quarter of Section 27, Township 116, Range 23, Carver County, Minnesota; EXCEPT the following described parcel: Beginning at the southeast comer of the Southwest Quarter of the Northeast Quarter of said Section 27; thence North 00 degrees 29 minutes 05 seconds West, assumed bearing, 528.00 feet along the east line of said Southwest Quarter of the Northeast Quarter; thence North 89 degrees 12 minutes 00 seconds West 617.10 feet; thence . ' I " South 00 degrees 29 minutes 05 seconds East 528.00 feet to a point on the south line of said Southwest Quarter of the Northeast Quarter; thence South 89 degrees 12 minutes 00 seconds East 617.10 feet along said south line to the point of beginning. ALSO EXCEPT that part of said Southwest Quarter of the Northeast Quarter of Section 27 described as commencing at the southwest comer of said Southwest Quarter of the Northeast Quarter; thence North 00 degrees 32 minutes 15 seconds West, assumed bearing, 531.90 feet along the west line of said Southwest Quarter of the Northeast Quarter to the point of beginning of the tract to be described; thence continuing North 00 degrees 32 minutes 15 seconds West 231.70 feet along said west line; thence North 89 degrees 27 minutes 45 seconds East 470.00 feet; thence South 00 degrees 32 minutes 15 seconds East 231.70 feet; thence South 89 degrees 27 minutes 45 seconds West 470.00 feet to the point of beginning.