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.