Signed Land Disturbance and Tree Removal AuthorizationLAND DISTURBANCE AND TREE REMOVAL
AUTHORIZATION
LAND DISTURBANCE AUTHORIZATION dated _, 20_, issued by the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), to
ACvvtlwmt, a Minnesota corporation (the "Developer").
1. Request for Approval. The Developer has asked the City to approve a plat for
PLEASANT VIEW POINTE (referred to in this Contract as the "plat"). The land is situated in
the County of Carver, State of Minnesota, on the land legally described on Exhibit A attached
hereto ("Property").
2. Conditions of Approval. The plat has received preliminary plat approval and the
Public Works Director hereby approves the proposed Land Disturbance and true removal activity
on the Property on condition that the Developer abides by the terms of this agreement as well as
furnishes the security required by it subject to the following conditions:
A. Land Disturbance activities shall be in compliance with tree removal and
erosion control plans identified under Paragraph 3 of this Agreement which shall include the
following: mobilization, tree clearing and grubbing, stabilization of exposed soils, perimeter
sediment controls around the disturbed areas; and
B. If applicable, Developer shall obtain all necessary permits from roadway
authorities for mobilization to the Property.
3. Plans. The Property shall be disturbed and tree removals completed in accordance
with the following plans. The plans shall not be attached to this authorization.
Plan A - Soil Erosion and Sediment Control Plan and Schedule dated March 12,
2025, revised March 19, 2025 prepared by Alliant Engineering.
Plan B - Tree Inventory, Removal and Land Disturbance Plan dated March 12,
2025, revised March 19, 2025 prepared by Alliant Engineering.
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4. Time of Performance. The Developer shall complete the tree removal, Land
Disturbance and stabilization activities by April 15, 2025. 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. Erosion and Sediment Control. Plan A shall be implemented by the Developer
and inspected and approved by the City. The City may impose additional erosion and sediment
control requirements as they deem necessary. All areas disturbed by the Land Disturbance and
tree removal operations shall be stabilized forthwith after the completion of the work in that area.
If the Developer does not comply with the erosion and sediment control plan and schedule or
supplementary instructions received from the City or the MPCA, the City may take such action as
it deems appropriate to mitigate erosion and control sediment on site. 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. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) days, the City
may draw down the letter of credit or cash escrow to pay any costs. No development will be
allowed and no building permits will be issued unless the property is in full compliance with the
erosion and sediment control requirements.
Street sweeping shall be required as necessary to address any vehicle tracking onto public roads.
Stump grubbing and further Land Disturbance operations may not proceed until erosion and
sediment control BMPs are in place.
City Code chapter 19-145 Erosion And Sediment Control states that an Earthwork Permit is
required for land disturbance that is equal to or greater than 5,000 square feet. The developer is
required to adhere to City of Chanhassen Erosion and Sediment Control regulations with the tree
clearing operations. Inspection records shall be submitted to the City Engineer not less than every
two weeks.
6. Clean up. The Developer shall promptly clean dirt and debris from streets that has
resulted from construction work by the Developer, its agents or assigns.
7. Security. To guarantee compliance with the terms of this authorization, the
Developer shall furnish the City with a cash escrow in the total amount of $15,000. The security
shall be released upon the earlier of. (i) the date the Land Disturbance and tree removal work set
forth in the Land Disturbance and tree removal plan is complete and the site is stabilized in
conformance with the NPDES General Stormwater Permit (vegetation uniformly established to
70% or better of the intended density) and the approved Plans; or (ii) the plat and accompanying
development contract have been recorded and the security provided as required under the
development contract has been received by the City which also covers the work contemplated
under this Agreement.
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8. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred
by it or the City in conjunction with the Land Disturbance and/or erosion and sediment control,
including but not limited to legal, planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the permit, the preparation of this permit, and all costs
and expenses incurred by the City in monitoring and inspecting the Land Disturbance and erosion
control. The City will deduct costs incurred by the City from the posted cash escrow outlined in
Section 8.
B. The Developer shall hold the City and its officers and employees harmless from
claims made by it and third parties for damages sustained or costs incurred resulting from permit
approval and work done in conjunction with it. The Developer shall indemnify the City and its
officers and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of
this permit, including engineering, site inspections, and attorney's fees by a reduction of the cash
escrow.
D. In the event that the cash escrow funds are fully diminished, 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 work and
construction.
9. 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 48 hours in advance. This authorization 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.
10. Indemnification. To the fullest extent permitted by law, Developer agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from and
against all claims, actions, damages, losses and expenses, including reasonable attorney fees,
arising out of Developer's negligence or its performance or failure to perform its obligations under
this Agreement. Developer's indemnification obligation shall apply to Developer's general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or
anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall
survive the completion or termination of this Agreement.
11. Third Parties. Third parties shall have no recourse against the City under this
Agreement.
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12. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed appropriate
by the City in conjunction with this Agreement.
13. Acknowledgment. Developer acknowledges that approval of a Land Disturbance
and tree removal activities for the Property under the terms of this Agreement does not constitute
a guarantee by the City of any future subdivision approvals and that Developer grades the Property
at its own risk.
14. Laws. Developer shall comply with all federal, state and local laws in connection
with the Land Disturbance and excavation work on the Property and shall be responsible for
obtaining all necessary permits for such work.
15. Termination of Prior Land Disturbance Approvals. This Agreement shall
terminate all prior Land Disturbance approvals by the City for the Property.
16. Recording. The Developer agrees that the terms of this Land Disturbance and Tree
Removal Development Authorization Agreement shall be a covenant running with the Property.
The Developer agrees that the City shall have the right to record a copy of this Agreement with
the Carver County Recorder to give notice to future purchasers and owners.
17. 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 certified
mail at the MYWOUA-t
wing address: -$p �(JA1E. �10 0174, Attn:
,50YILair- Gt&r . Notices to the City shall be in writing
and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in
care of the City Manager at the following address: City of Chanhassen, 7700 Market Boulevard,
P.O. Box 147, Chanhassen, MN 55317.
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CITY OF CHANHASSEN
By:
Y
Elise Ryan„ Mayor
And:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OFCARVER )
The foregoing instrument was acknowledged before me this , day of
1 L , 2025, by Elise Ryan and Laurie Hokkanen, respectively the Mayor and City
Man ger, of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on its behalf.
JENN 1EER ANN POTTER
Notary Public -Minnesota
i y e.. My Commission Expires Jan 31, 2027
NOTARYVbLfC
225440v7
5
BY: X��
its Wx, pros 1 dzn oAen,ev&
STATE OF MINNESOTA )
)ss.
COUNTY OF Wki G HT )
The foregoing instrument was acknowledged before me this 2,1-n- day of
M(6wal , 2025, by "P" t of the
V1 tt- We 51 d&jj t of L a Aj
corporation, on its behalf
u r".
ANDREA. I_EICsH SMITH
fi NOTARYPUBLIC -MINNESOTA
Any commission Expires
January 31, 2026 N T Y PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP/smt
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2254400
FEE OWNER CONSENT
TO
LAND DISTURBANCE and tree removal AUTHORIZATION
Beddor Enterprises LP, fee owner of all or part of the subject property, the development of
which is governed by the foregoing Land Disturbance and Tree Removal Authorization, affirms and
consents to the provisions thereof and agrees to be bound by the provisions as the same may apply
to that portion of the subject property owned by it.
Dated this JX day of ?'I Jrt A , 2025.
Beddor Ent pr' s LP
By
G' e- dV' [print name]
Its G eaa'el[title]
STATE OF MINNESOTA )
)ss.
COUNTY OF Cr ,,ou- )
The foregoing instrument was acknowledged before me this �day of 2025, by 5 ,� .� lge'44 y
the
r of Beddor Enterprises, LP, a
on behalf of said entity.
M
TZ, 2027
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
VV
NO A Y UBLIC
225440v7
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EXHIBIT A
TO
LAND DISTURBANCE AUTHORIZATION AGREEMENT
Legal Description
PID #258710190 (955 Pleasant View Road)
All of Lot 1 and that part of Lot 2, Block 3, "Vineland Forest", Carver County, Minnesota, lying Northerly of a line
drawn from a point on the East line of said Lot 2 a distance of 53.53 feet North of the Southeast corner of said
Lot 2 to a point on the West line of said Lot 2 distant 66.00 feet North of the Southwest corner of said Lot 2 and
there terminating.
PID # 258700060 (6535 Peaceful Lane)
That part of Lots 5 and 6, "Vineland", described as follows: Commencing at the southeast corner of said Lot 5;
thence North 89 degrees 16 minutes 34 seconds West, assumed bearing, along the south line of said Lot 5, a
distance of 168.62 feet to the actual point of beginning of the tract of land to be herein described; thence North 0
degrees 43 minutes 26 seconds East 32.25 feet; thence North 89 degrees 16 minutes 34 seconds West 179.00
feet; thence South 7 degrees 25 minutes 34 seconds East 129.57 feet; thence South 89 degrees 16 minutes 34
seconds East 160.63 feet; thence North 0 degrees 43 minutes 26 seconds East 96.01 feet to the actual point of
beginning, Carver County, Minnesota.
Together with an easement for ingress and egress over and across that part of Lot 5, "Vineland", Carver County,
Minnesota lying Westerly of the following described line:
Commencing at the southeast corner of said Lot 5; thence North 89 degrees 16 minutes 34 seconds West,
assumed bearing, along the south line of said Lot 5 a distance of 168.62 feet; thence North 0 degrees 43
minutes 26 seconds East 32.25 feet; thence North 89 degrees 16 minutes 34 seconds West 179.00 feet; thence
South 7 degrees 25 minutes 34 seconds East a distance of 32.57 feet, more or less, to a point on the south line
of said Lot 5, which point is the point of beginning of the line to be described; thence on a line running North 7
degrees 25 minutes 34 seconds West a distance of 160 feet, more or less, to the intersection of said line with the
westerly lot line of said Lot 5, and there terminating.
And
That part of Lots 5 and 6, "Vineland", Carver County, Minnesota, described as follows: viz:
That part of the South 45.25 feet of Lot 5 and of the North 96.01 feet of Lot 6, "Vineland" lying Easterly of a line
drawn perpendicular to the South line of said Lot 5 from a point on said South line distant 168.62 feet Westerly
along said South line from the Southeast comer of said Lot 5.
PID # 258700063 (No Address Assigned)
Lot 5, Vineland, Carver County, Minnesota, except that part thereof described as follows, viz:
Commencing on the Southeast corner of said Lot 5; thence North 89 degrees 16 minutes 34 seconds West,
assumed bearing, along the South line of said Lot 5 a distance of 168.62 feet to the actual point of beginning of
the parcel being described; thence North 0 degrees 43 minutes 26 seconds East 32.25 feet; thence North 89
degrees 16 minutes 34 seconds West 179.00 feet; thence South 7 degrees 25 minutes 34 seconds East a
distance of 32.57 feet, more or less, to a point on the South line of said Lot 5 (hereinafter referred to as "Point
A"); thence Easterly along the South line of said Lot 5 to the point of beginning.
Subject to an easement for ingress and egress and utility purposes, appurtenant to and for the benefit of the
above described Exception, which said easement is described as all that part of said Lot 5, Vineland, lying
Westerly of the following described line: Beginning on the South line of said Lot 5 described above as "Point A";
thence on a line running North 7 degrees 25 minutes 34 seconds West a distance of 160 feet more or less, to its
intersection with the Westerly line of said Lot 5 and there terminating.
Also excepting from said Lot 5 that part thereof described as follows, viz:
A 50.00 foot strip of land over and across Lot 5, Vineland, Carver County, Minnesota, the centerline of said strip
is described as follows:
Commencing at the Northeast corner of Lot 5; thence South 00 degrees 24 minutes 03 seconds East, on an
assumed bearing, along the East line of Lot 5, a distance of 380.86 feet to the point of beginning of the centerline
to be described; thence Westerly, a distance of 29.21 feet along a non -tangential curve concave to the South,
said curve having a radius of 198.13 feet, a central angle of 08 degrees 26 minutes 53 seconds and a chord
bearing of North 71 degrees 56 minutes 25 seconds West; thence North 76 degrees 09 minutes 51 seconds
West tangent to last described curve, a distance of 170.81 feet; thence Northwesterly, a distance of 124.92 feet,
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along a tangential curve concave to the Northeast, said curve having a central angle of 39 degrees 52 minutes
43 seconds and a radius of 179.48 feet to a point hereinafter referred to as "Point B"; thence continue
Northwesterly and Northerly along the last described curve a distance of 124.92 feet and said centerline there
terminating.
Also excepting, a 50.00 foot strip of land over and across said Lot 5, Vineland, the centerline of said strip is
described as follows:
Beginning at the above described "Point B"; thence South 53 degrees 42 minutes 49 seconds West, a distance
of 100.00 feet and said centerline there terminating.
PID #258700062 (No Address Assigned)
Lot 6, Vineland, Carver County, Minnesota, except that part thereof described as follows, viz: Commencing at
the Northeast corner of said Lot 6, thence North 89 degrees 16 minutes 34 seconds West, assumed bearing,
along the North line of said Lot 6, a distance of 168.62 feet to the actual point of beginning of the land to be
described; thence South 0 degrees 43 minutes 26 seconds West a distance of 96.01 feet; thence North 89
degrees 16 minutes 34 seconds West a distance of 160.63 feet; thence North 7 degrees 25 minutes 34 seconds
West a distance of 97.00 feet to the North line of said Lot 6; thence Easterly along the said North line of Lot 6 to
the point of beginning.
Excepting from said Lot 5 and said Lot 6 the following described premises:
That part of the South 45.25 feet of Lot 5 and of the North 96.01 feet of Lot 6, "Vineland" lying Easterly of a line
drawn perpendicular to the South line of said Lot 5 from a point on said South line distance 168.62 feet Westerly
along said South line from the Southeast comer of said Lot 5.
And
Lot 7, Vineland, Carver County, Minnesota, except that part of said Lot 7 described as follows, viz: Commencing
at the Southwest corner of Lot 7, Vineland; thence North 1 degree 53 minutes 49 seconds East a distance of
76.37 feet to a point on the Southeasterly line of Peaceful Lane; thence North 36 degrees 53 minutes 34
seconds East along said Southeasterly line of Peaceful Lane a distance of 174.79 feet; thence South 87 degrees
50 minutes 55 seconds East a distance of 294.35 feet; thence South 1 degree 03 minutes 23 seconds West a
distance of 220.04 feet to the Southerly line of said Lot 7; thence South 87 degrees 50 minutes 55 seconds West
along said Southerly line of Lot 7 a distance of 397.82 feet to the point of beginning.
Together with an easement appurtenant to the foregoing Parcels 2, 3 and 4 for ingress and egress over and
across that part of Lot 5, Vineland, Carver County, Minnesota lying Westerly of the following described line:
Commencing at the Southeast corner of said Lot 5; thence North 89 degrees 16 minutes 34 seconds West,
assumed bearing, along the South line of said Lot 5 a distance of 168.62 feet; thence North 0 degrees 43
minutes 26 seconds East 32.25 feet; thence North 89 degrees 16 minutes 34 seconds West 179.00 feet; thence
South 7 degrees 25 minutes 34 seconds East a distance of 32.57 feet, more or less, to a point on the South line
of said Lot 5, which point is the point of beginning of the line to be described; thence on a line running North 7
degrees 25 minutes 34 seconds West a distance of 160 feet, more or less, to the intersection of said line with the
Westerly lot line of said Lot 5, and there terminating.
PID #258690130 (1015 Pleasant View Road)
Outlot A, Troendle Addition, Carver County, Minnesota.
All Abstract Property
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