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69-2 Western Hills SUB pt 1�SX/ 4errMr� 3't/Hr/1r H%/r ['nd,idd. -�?0 93 SEcor��r , •, rap .?nd Ado! r: ;U O NW cer Lof l _ Jvnrir� Xilb' TRACT HC"— ri 4ya9•Sd ?5-W 0 TRACT sso..4rs i.�23_ 09 I I � I ti TRACT- "p" mH o h� a a Q35,� s89°48'1-v 357 0 / f .3 I TRACT � I /NWcvrnar o{lV� a•4 oil^ oFSWY4 socfio» /Z-//623 h SW corner 662,79 S 86*12'3VE <;;Wy [ot¢ j — 671,39 1 ii'rr�rr Drrve 1334 /8-- � Lake-rlfwef r hi it RFGISTERM _LAND SUP=ity_ N0, 32 (ARV sR COUNTY) All that part of the East j of the Southwest Section 12, Township 116 North Ra' and the Southeast of th3 Northwest of South i Corner Of said S9et,ion�12;nthence�North d1331.83�feitas fto tYe follows: at thence North 144(.57 feet, thence North 89°52135" West 580. 8 ng1 East 340.09 feet; thence North 89°50'40" West 740. 00 feet; thence North 0°est 1608.29 feat; thence South 8801,2135" East 1334.18 feat to the poinencet South ginn ng. ,,{,Teat point of beginning. Torleiv Flatebo Filed Nov 7 1967 Obi, /b 1 Ng9°,29'vv � J-or60'n or Ij�C{T1� �i7P oT .FCJf .'�L� o{ SQcfion /P-//6-z.i 03 o� c 0 SSE corner a{!',* i� NW `/4 oIr.fNlIion /1116?�� 67? 44' NE tarn&/ of *Wf*' o{ 1•Wy ofX-c{bn /4'-116•Z3 �- W("S/ �i�N of h�4Jf �E to t 67-7 7' V 99037'W k SF corrJc�t W A-W' o f� -TW ,! wr. rechi "? /z• lls-P3 Plat of Survey for Hansen & Klingelhutz Construction in thq West 1/2 of Section 12-116-23 Certificate of Survev : I hereby certify that this is a true and correct representation of a survey of the boundaries of the East half of the Southwest quarter of the Northwest quarter, and cf the East half of the Northwest quarter of the ' Southwest quarter of Section 12, Township 116 North, Range 23 bhst of the fifth prin- cipal me.-ridian. It does not purport to show improvements or encroachments. ♦ e _el* Alowjt��_Gordon R. Coffin Ref 606Q Land Surv3yor and Planner Long laks, Minn3sota Scale: 1" = 300, Date : 4-7-69 o . Iron marker zl�V Cam' q. -n4 4 c. 3 ' D)A Q Q.Q, �1 -2� i f I � 6 ` gI '. Ie��lae.�rr�K�i �e�� �aclw o,Eaoa �o,00 d C�, 000 dl�3� ooa Z.000d I `�d�aJQ �.e.�- � /• 5,�� ado if � �• ars I �e.sr y,0.��o... I �/� (�°'.vc� I i3lv�• �1��G/�.�urb� 13/����. �.. Cri�-�ric� L�Ml1vv�aY I I 0 + f �- /A l N& OV, IY j 2 8 .� • • 60 f i �t EGTO i ! ��.r 3 22 52 i._ '70 Y CA. p Ire- �4 0 Al -574-- I j 4�, .h Z ,4_1 2 / S / 6 3 R IL, rCL- Vie, concerned citizens, wish to express our objections to the proposed plat of-',•!estern M-11s, socond addition. rpeci ically, the inconsiderate extension of the Lake Street "dead end", and the environmental change this will bring to an established neighborhood. /,00 S We, concerned citizens, wish to express our objections to the proposed plat of Western Hills, second addition. Specifically, the inconsiderate extension of the Lake Street "dead end", and the environmental change this will bring to an established neighborhood. Fri We, concerned citizens, Irish to express our objections to the proposed plat of 1,1estern Hills, second addition. Specifically, the inconsiderate extension of the Lake Street "dead end", and the environmental change this will bring to an established neighborhood. .9 c;�v �cJaQ Minutes of the 12-17-80 Planning Commission Meeting Page 7 -1Elc/ n (18) Western Hills -,t, 2nd, 3rd, and 4th Additions: Mr. Weibel described the additions and indicated a fourth addition did not exist at this time. He recan'nended Western Hills 1st and 2nd Additions be removed from the annual review list but that Western Hills 3rd Addition be maintained on that review list until 70 to 80 percent of the building sites were absorbed. The Caranission generally agreed with staffs recomanendation but felt that n on the annual review list until Western Hills 3rd Addition should remai 100 percent of the lots were absorbed, Appointment of Planning Commission Candidates The Commission voted on the individuals who had applied for the three open positions on the Plann members was as follows: ing COMUssion and the recommendation for new 1. Michael Thanpson 2. Carol Watson 3. Ladd Conrad For alternates, the Planning Omission recommended: I. Howard Noziska 2. Charles Robbins 3. Court MacFarland Adjournment The 12-17-80 Planning Commission meeting was adjourned at 11:15 p.m. CITY OF CHANHASSrs 7610 LAREDO DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: October 23, 1980 TO: Don Ashworth, City Manager FROM: Bob Waibel, Land Use Coordinator SUBJ: Western Hills Sign at 7601 Great Plains Boulevard In response to your request, files P-159, P-160, and P-289 entitledvWesternlHani illsg First and Second Additions, Western Hills Third Addition, and Western Hills P.U.D., respective) this review, no documentation was thatnducti verify that the neighborhood sign was part ments of the Western Hills development. A of the require- p I have contacted Russ Larson, and he recalls no°conditions of development that would have required said sign. If further investigation of this is requested, perhaps the complainants would be able to help through recollection of any particular documents or time; when this issue may have arisen. BW:nrA'-IV/- cc: Russ Larson _X_P� ( U( _1� 5� , _-V J CITY OF CHANHASSEN 7610 LAREDO DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Land Use Coordinator, Bob Waibel FROM: City Manager, Don Ashworth DATE: September 29, 1980 SUBJ: Western Hills Sign Attached please find various letters from Mr. & Mrs. Richard Mingo, 7601 Great Plains Blvd., regarding diseased trees on their property. Through the removal/assessment process, they have questioned the necessity of the Western Hills sign on their property. Please review your files and/or minutes,to determine what conditions were established at the time Hansen and Klingelhutz were given permission to install such sign cc: City Attorney's Office, Attn: Russell Larson T� _rig ffA j, ro 7610 LAREDO DRIVE9P.O. BOX 147g-Ci-i/.NNASSEh+,1V,INNFSO7A 55317 (612) 474.8885 t August 20, 1980 Mr. & Mrs. Richard Mango 7601 Great Plains Blvd. Chanhassen, MN 55317 Dear Mr. & Mrs. Mingo: I am in receipt of your letter of_ August 15, 3.980, regarding the diseased trees removed in front of your property at 7601 Great_ Plains Blvd. Under State law, removal and disposal of diseased trees is defined as an improvement, or more appropriately, repair,- of public improve- ments similar to streets, sewers, water, etc.. Costs of removal can be 100 o assessed back to the abutting property owner similar to assessment of replacement of streets after the usable life of that street has been exceeded. It is unfortunate to lose a mature tree, regardless of what.spet:i.es. The City has recognized the financial burden to citizens and. does offer a 50% reductior� in the costs of removal and disposal, as outlined to you -,by our Diseased Tree Inspector. Further, in those instances where ---;the, diseased ..tree .can tl;e boulevard, the City will. plant an approximate one--inch"asri','' or..sa.rr►ilar. variety species available at`= h'e :City Fe _tree ` farm, �=a-t, 'no -additional,.c:os i to the homeowner.- .If�:kou .believe that' the two additional.....trces that are proposed to be re' anted in the boulevard area -will be of significant burden, please contact me'so that.such can.be deleted. I am forwarding a copy of your letter to Hansen and Klingelhutz. Additionally, I have requested our Planning Department: to review the files in regards to the "Western Hills" sign noted in your letter. It is my understanding, based on comments from municipal officials serving during the period of installation of this sign, that the City did authorize Hansen and Klingelhutz to erect this sign as a temporary sign. I do not see where the Cathy can become involved in a claim by yourself against the permit holder - Hansen and Klingelhutz and/or the Western Hills neighborhood, but I will so advise the City Attorney of your letter. Again, I believe your Mr. & Mrs. Mingo -2- August ?.U, 198 •. y ,.. { � i letter does serve to question whether the permit holder was granted a "temporary" permit or whether the intent was a perpetual permi.t.. Thank you for your letter. e i Sincerely, Don Ashworth City Manager DA:k cc: Hansen and Klingelhutz City Attorney, Russell Larson Land Use Coordinator, Bob Waibel August 15, 1980 lk. Donatd Ashwatth City Pdanagelc 7610 Laredo DAive Chanhassen, 44n. 55317 Deax .1k. Ashwonth: We received a statement 5nom the City o6 Chanhas-6en on August 14, 1980, .in the amount o3 $85.00, 4on temovat and dvspozaQ o4 Vie 4ottow.ing dis&sed elm tAeu: Tag No. 17C $ 45.00 Tag' No. 18C 40.00 y 8J • 0 The tneu which wehe removed were .located on pro- peaty awned by the City oS Chanhauen. We tome advi ed by Ma. Doug MitcheU t'iat the City nao nequvtu tliat Vie adjoining pAopentcj owner must pay Son one-hat4 o6 the nemovat and dizpozat o6 di6eased tAees. We feet that this is vehy un6ai& .in our situation due to the 4act that zince the insta Cation on city ptopeAty o4 the Weztenn HiM ztgn, and the ptanting oA shkubs and ptacement oA bou2det6 around .it, the city has not maintained th.iz aAea. (Ve have had to cut the gams, putt the thisttu and otheh noxious weeds gnow.cng aAound thi.vs .sign, toe have 4ettit zed the gAasz and �spAayed the aAea toA dandeti.on�s.. The 4&st summeA o4 .its -in stattation, the city came one time with a tawnmow" and cut the gAasz but did not pu U the tweeds. We are henew.ith biting a cCai.m against the city 4on tabox got the past 4ive yeau, which is set AontA in moAe detait .in the ztattement attached. we have only gone back. 6.ive yeau because no doubt the 5tatute og t%miati.ons vioutd pxectude ups 4nom tecoveAi.ng any- thing beyond that p" iod o4 time.. This iz to notify Vie city that .in the 4utme we wilt not do any 6unthen maintenance oS this area and toe w.itt expect the city to take cane o4 this mea so that .it is groomed and no noxious weed3 tw.itQ in�itttate tie mea. Youngs z n.cene,2y, YAV_ �60'? R.ichaxd T. w d Ro�senl; .dingo n 7601 Guat Prams Bvd. RPM/,s Chanhassen, Ihfn. 55317 enc. City ob Chanhauen To August 15, 1980 Richcucd T. P.{.i go and Rozemany P. Mingo 7601 G✓ceat Pta i.na Stud. Chanhassen, Mn. 55311 Fah the e ecvc4 1976, 1977 and 1978 30 2vevus on an c ng grahls and putting noxiottA weects around Western ffiM sion tocate.d mn ad1oin.cng pnaperty owned by Rtchwcd T. and Rosernahy P. Mingo, and in appty-ing JeAtiti.zen and zptaying dandeti.onz the.Aeon, @ $3 pen hour; $ 90.00 Fah the yeaA 1979 and A on 1980 to date. - 17 eoWvs tcook 6ok ecu-cng ghass are putUng noxi,ou3 weeds ahound above sign, and 4or applying bertiti_zen and spraying dandetionz thereon, @ $4 peh hour; 68.00 Totat.................$158.00 August 27, 1980 bfn. Donatd A,shwoAth City kAdnage)i 7W LaAedo DA.ive Chanhauen, mn. 55317 Dea% Ik. A,shVvoAth: Thank you 4ot you& Amponze to ouA tetteA ob Augu,St 15, 1980, Aegartding the dize"ed tneu Removed 6Aom city pitopevtty adja.in ng oun pupeAty. With te�eAence to the We�stertn HJctZ6 zign, which we dial not know W" the pAopeAty oS Hansen and Kti.ngethutz, as we advised you -c.n out tette %, we aAe not .in the 4utuAe going to maintain the ahea aAoand the sign, .shAubs and flocks. We woutd pAe-eA to have them entvtety -removed. In yowl tetten you advise Fiat undeA estate taw toe can be assessed 4oA the Aemovat o4 diseased tneu .located on city ptopeAty. We would be Pteased to have you .in4oAm ups og the zection to the h4inn- ezota Statutes pe ttain-ing to tLiz t iabit ity . We wi,6h to have th.v6 tetteA setve m 6oAmat notice to the City that toe do not want the City to Aeptant any teptacement tAee�s on the boutevand an�toe pnezume that you witt .see to .it that thi-6 .i-,s not done. We w.itt expect to hear in the near Suture what the Ptanning DepaAtment has deteAmined SAom .its Aev.ie of o6 the Site6 Aegatding the WesteAn Hi„M .6 .gn, and ass stated above, we would be most happy i6 it were Aemoved .in .its entiAety. yowvs zince %ety, Ar- Q�an�? , RiKandT. sem- y P . M i go AUG 1980 7601 GAeat Pta ns Bvd.- o RECEIVED U'1 Chanhamen, hfn. 55317 RPM s vIiLAGE OF rn� 1 CHAI3FFASSEN Cam; MIAIN. Cn CHANHASSEN VILLAGE COUNCIL MEETING MAY 5, 1969 The Chanhassen Village Council meeting on May 5, 1969, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Klingelhutz, Pearson, Hill, and Bennyhoff. WESTERN HILLS PRELIMINARY PLAT: Mr. Ward Passe explained to the Council his feelings and concern on the traffic that Tract A of the proposed preliminary plat would generate past his home on Lake Street. Mr. Allyn Johnson, Don Schoening, Mr, and Mrs. Scott, and Mrs. Erickson also expressed their concern about the traffic both residential and construction that would occur on Lake Street. Mr. Bernard Schneider, President Chanhassen Chamber of Commerce, read the following letter: "At the March 25, 1969, meeting of the Chanhassen Chamber of Commerce, the members passed a resolution endorsing the Hansen & Klingelhutz "Western Hills" subdivision development and urged that the Village Council approve the plat. In viewing the plat and hearing the presentation, the Chamber of Commerce realized that the approval of the plat would open up lands for high grade residential development, which would include municipal water and sewer. We believe that future housing developments should be conditioned upon the availability of municipal water and sewer. The Chamber of Commerce wishes to congratulate the Village Council on their policy of preparing engineering studies to determine the costs of extending municipal facilities to areas in need of these benefits. After receiving the engineering estimates, the Village Council should make every effort to provide water and sewer to the areas in need and to assess the costs against the benefited properties, provided that a: majority of the benefited landowners join in the request for the municipal facilities. In regard to the Western Hills development, we realize that there is an immediate problem with regard to a road that is being built on a spur or cul-de-sac. We encourage the. Village Council to make an engineering study to determine whether this spur could be extended to a main road connecting with the west onto County Road #17. The Village Council is in a position to purchase land or obtain an easement through the private property. Said costs of completion of the road to County Road #17 could again be assessed to the benefited property owners if it is the determination of the Village Council that this is not an obligation of the Village of Chanhassen. It should be considered that at present, we have a limited number of building sites available for development in areas wherein water and sewer facilities are possible. Failure to grant approval of the Western Hills subdivision would restrict immediate expansion of the Village residential development to a small number of homes on the eastern edge of the Village. The southwest quadrant of the metropolitan area includes the Village of Chanhassen. If the metropolitan growth is to expand to 4 million persons by the year 2,000, we feel that the Village Council should accept the responsibility of expanding the water and.sewer facilities and the village road system to encourage high grade development, such as is being proposed by Hansen and Klingelhutz Construction, Inc." Mr. Stan Tarnowski stated that he did not feel there would be an undue amount of traffic and that progress was something the people in this area must become more receptive to. Mrs.. Sally deLancey stated I feel that -the Planning Commission has submitted a list of recommendations and feel that with the amount of consideration that has been given to the miscellaneous problems that the Council should approve the Planning Commission's recommendations. Mr. Al Barnacle explained the reason he voted no at the Planning Commission meeting on the proposed plat. Reason was he was concerned that all of the information .on this preliminary plat could be presented to the Council to give them sufficient time to study so that they could make a decision at this meeting. Councilman Pearson suggested that Tract A of the proposed plat not be allowed any development before Spring of 1971. Attorney Larson stated that Councilman Klingelhutz has no conflict of interest on this proposed plat. A motion was made by Councilman Hill and seconded by Councilman Pearson to rezone Tract A in -Block 4 and Tract B in Block 7 to Residence District C. With the further -understanding that the densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the planned developments on said Tracts A and B. The remaining of the lands to be rezoned to Residence District A. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz,.and Pearson. No'negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson that a variance from Ordinance No. 33 be granted for thei",... Collector Streets to a 60 foot right-of-way with a 36 foot blacktop surface and a 40 foot building setback line. Also a variance of 150 feet on Long View Circle from the maximum length stated in Ordinance No. 33. The following voted in favor thereof: Mayor Coulter, Councilmen Hill; Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff that the Council approve the preliminary plat submitted by Hansen and Klingelhutz dated March 25 and revised March 31, 1969, with the following items as listed: 1. Lots 1-6, Block 3, be reduced to five lots, four lots to be 100 foot frontage and the corner lot to be 120 feet. The Village to refund one water and sewer assessment. 2. Temporary cul-de-sacs be installed at the ends of Del Rio Drive, Saratoga Drive, Lake Street, and E1 Paso Trail. 3. Major drainage easements across rear lots of Block 2 be 20 feet. 4. The intersection of Lotus Lane and Highland Drive will be drained south on Lotus Lane as the drainage plan indicates. 5. Sunrise Hills Watershed Creek (2). The Engineer's recommendation in letter dated April 25, 1969, be followed to wit: Village Engineer to design a control outlet to be constructed at the developers expense at the time they install -storm sewers in Tract A. 6. South Carver Beach Creek (3). Accept Engineer's recommendation in letter dated April 25, 1969, that no improvement is needed at this time. 7. Accept the dedication of a 10.6 acre tract identified as park.. on the preliminary plat and that this dedication thereby fulfills the developers obligation under Ordinance No. 14. Council Minutes, May 5, 1969 -3- 8. That there be no construction allowed in Tract A until another method of egress to serve the area has been approved by the Council. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. SUNRISE HILLS THIRD ADDITION: Robert.Scholer read the following statement to the Council: I am hereby requesting time on your agenda of May 5, 1969, to ask for reconsideration and approval of the proposed Sunrise Hills Third Addition, comprised.of lots 4,5, 6, and 7, Block 2, Sunrise Hills Second Addition. I will agree, as your Engineer has suggested, to .pay one additional water assessment of $506.04 in cash, for the one additional lot created upon final approval of the plat. The $250.00 unit charge would be paid upon the connection to a new home. The Village should bring one service lead with curb box to the property line, as has been done for other lots in the Subdivision carrying the same assessment. I will further agree to pay.$1,068.68 in cash for the sanitary sewer assessment for the one additional lot created. Again the $250..00 unit charge would be paid upon application for connection to a home. Under this arrangement the Village would be expected to assume responsibility for extension of the sanitary sewer along the back line of Lot 5. If the Council pleases, I am agreeable to the alternate suggestion by the Engineer, that is: assume the responsibility myself for extending the sanitary sewer line across the back of Lot 5. In this situation there would be no additional unit assessment for the one additional lot created but only a $250.00 connection charge." Mrs. Courtney, Mr. Ralph Thrane, and Mr. Ward Passe stated that they would not object to this proposed replatting. The Village Attorney stated that before a decision would be made it would require a new hearing as per Ordinance #33. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz that the Council reconsider its motion of November 18, 1968, and approve the replatting of said preliminary plat. The following votes were cast: Councilman Pearson - no, Councilman Hill - no, Councilman Klingelhutz - yes, Mayor Coulter,- yes, Councilman Bennyhoff - yes. Motion carried. Robert Scholer stated that he was willing to accept the Attorney's decision on the necessity for a new hearing and stand any such.costs incurred if this became necessary. 68-2 WELL: The Village Engineer gave a report on the pump house for the new well and the connection to the municipal system. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff that notice is hereby given that sealed bids, in duplicate, will be received in the office of the Village Administrator, Village Hall, Chanhassen, Minnesota, at 2:00 P.m. local time, May 27, 1969, and then publicly opened by the Village Administrator and Engineer,. tabulated and considered by the Village Council on June 3, 1969, in the Council Chambers, for the construction of a 28 foot by.16 foot MEPIORANDUM DATE: TO: FROM: SUBJ: CW C IT Y OF p� ,t-A Y P 7610 LAREDO DRIVEoP.O. BOX 147•CHANHASSEN, MINNESOTA:5531'� /(612) 474-8/885 December 19, 1978 Don Ashworth, City Manager Jerry Schlenk, Building Inspector City Drainage Problems Attached is a list of the areas where I have received complaints of surface water drainage: in most cases, the project is too large to do as a maintenance.budget item. I feel they should all go to the City Council for authorization for the engineer to do a feasibility study and assess the project against the properties within the drainage areas. 1. Pleasant Acres I - Drainage ditch between Lot 14 and 15, Block 1. 2• Minnewashta Lows - Drainage from Maplewood Across R.L.S. #9, 3. Minnewashta Shores - Drainage across Lots y & H of R.L.S.#7, from Minnewashta Heights North 4. Minnewashta Manor.*- Pond on Lot #6 of Minnewashta Park, Carve Co. Minnesota. This pond has been increasing in size since r Minnewashta Woods has.been developed. 5. County Rd. 117 South of 65th Street, wa-er coming off 65th St. causing major problems in county road ditch. 6. Lake Lucy Road - 4 mile west of Co. Rd. 17 get larger each year, and is now causing maintendance pcontrobl to on Lake Lucy Rd, problem 7. Lake Riley Rd. - Turn around at end of Lake Riley Road, water runs across the turn around. 8. Bluff Creek Rd. - South of the Chicago Northwest Railroad and North of Flying Cloud Drive Road, ditch washed out and there is no shoulder left. 9. Bandimere Heights - The creek that flows from the Highway 101 north to Lk. Riley. Over the pond south of St. filling with silt, now causingthe Years this creek has been 101 to enlarge and is now causing septdcta the south of St. Highway Problems for the residents City Manager, Don Ashworth -2 December 19, 1978 on 96th Street. The State Highway Department will do nothing with the C.M.C. under the road until the City does something with the creek leading to Lake Riley. 10. Greenwood Shores - C.M.C. under County Road 17 is too small to allow water to drain off Lots 6 & 7, Block 5 after heavy rainfalls and the water backs into Lot 7, Block 5. 11. Glenn Mattson and Hubert Forcier: Drainage from Western Hills across the Mattson and Forcier.property to Lot 12. 12. Greenwood Shores: Drainage between lots 14 and 15, Block 1 from Greenwood Shores into Lake Lucy. 13. Greenwood Shores: Drainage between lots 21 and 22, Block 1 from Greenwood Shores into -Lake Lucy. 14. Greenwood Shores: Drainage between lots 6 and 7, block 1, from Greenwood Shores into swamp area, which include the back of lots 11, 10, 9, 8, 7, 6, 5, 4 of block 1. 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V�i a24 14 15, - 4�/Olo - �$c� 17 LANE . 2 50 Al, bey' 2 1 n Br �7.n L 3 v'a t- 2 a 4 (d 15 16 Jr 14 19 — Jta — 50 - }. l � _ 50 f �.c �'��"`��"*--•tfk...aTia '-..'!«��+.�C'+��a+4'""i,� -�E �,"Y ���ti. i � T�i s'*V. � '� `' i_ - .. _ ,.,- -. _ .t ' - - -- - - - - - i irk; •-,``r$T•}'�: lJker:c -i. ah_-•r...1�.,<. ... _ �S 1 k 4 � r - y K� d i 7610 LAREDO DRIVEsP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: December 18, 1978 TO: City Attorney, Russell Larson AND City Engineer, Bill Brezinsky FROM: City Manager, Don Ashworth _ SUBJ: Western Hills Preliminary Plat Approval In reading through the May 5th,, 1969 City Council minutes,,I note that conditions of approval for the Western Hills preliminary plat included: 1). Temporary cul-de-sacs be installed at the ends of Del Rio Drive, Saratoga Drive, Lake Street, and El Paso Trail. 2). Sunrise Hills Watershed Creek(2). The engineer's recommendation in letter dated April 25, 1969 be followed to wit: Village engineer to design a control outlet to be constructed at the developer's expense at the time they install storm sewers in tract A. 3). Accept the dedication of.a 10.6 acre -tract identified as park on the preliminary plat and that this dedication thereby fullfills the developer's obligation under Ord.inance.#E14. I am unsure as to, the current status of these conditions of approval., or whether such were subsequently modified. However, they.are of -interest in light of: 1). Street department and general public comments regarding the inability to turnaround at the end of Del Rio, 21. The public hearing held this past fall concerning construction of the outlet structure at Western Hills Park, and 3). Previous discussions concerning the park dedication ordinance. In light of the above, I would propose that the three of us meet with Hansen and Klingelhutz to determine the current status of these items. cc: Hansen and Klingelhutz Attachments: May 5, 1969 City Council Minutes ■ — CHANHASSEN VIL•.LAGE POU 95, The Chanhassen Village Cgunci.i eeti tg Qn-'day .5, 11969; .at 8.. 00 p.m, was opened. with the Pledge 'to ,the Tag,' The fAi7.owing .:memb"ara were present: Mayor Coulter, Counai,lnr;ne.hux,;'earson,°. and Bannyhoff WESTERN HILLS PRELIMINARY FLATS Mr. Ward:.Passe explained to the- - .Council 1 is .feelings. and concern on. the .txaf-fic that Tract A. Qf the proposed.preliminary.plat would.gene rate. pag ',his home."on Lake Street, Mr.. Allyn Johnson..: Don Schoeni.ng, Mr 'rid Mrs. Scott, and Mrs. Er,icksQn also expressed their.concern about the traffic both residential and construction that would occur on hake:Ptreeit Mr. Bernard Schneider, President. Ghanhapaen Chombex..of Commerce'. read, t the following letter; "At the 'Maroh 25, 1949",".meeting -of the Chanhassen. Chamber of.Commerce, the members pae9ed a resolution eadormAng thv Hansen & Klingelhutz "Western Hills" subdivigi;oh develQpmezt:and urged that the .Village Council approve the, plat:. lw viewi:ng 'the pl qt and hearing the -presentation, the Chamber.of -.Commerce realixod than the approval of the plat - would open up 'lance for high g>rade . r si dent#aX development, . which would include municipal Watex. and gewer;. we believe that future housing developments Ishould . be aQndi iiQneid:'-upon the availability of municipal water and sewer ,.,The.C,, of Commerce wishes to congratulate the Village `Coune4l:M;on th4otr . policy' of preparing engineering studies to' determine a goats :of `exte3ndi,ng - municipal facilities to areas in need of .these-bone,fit$., -- After. receiving the engineering estimates, • the Vi l:-rlage Qouaci l should make every effort to provide water and sewer to the areas in nood and to. assess -the costs against the be nefiter prope.rta:s, provided'that:a, majority of the.benefited landowners, join in the requ+sst:,for-,the municipal facilities. In regard to the Western' Htlls,. development, , we realize that there is an immed ate `probleria with regard to a road that is being built on a°spur or cul-de-sac.. We•encourage the. Village Council to make an engineering study to'de'terimine whether this spur could be extended to a main road,connectirg with the west onto County Road #17. The Village.Council i81.'i a.positiQn to purchase land or obtain an -easement through the pr.ivat,e,property." Said costs of completion of the road'to County Road.#17 could again.be assessed. to the, benefited property owners if it is. the."determination of the Village Council that this is not an.obligati.on Qf.the'Vilhage of Chanhassen., It should be considered that at, :paresent' we have. a. limited number of building sites available.for development in areas wherein water and sewer facilities are possible.° FailurQ to grant approval of the Western Hills subdivision would.re.atrict immediate' expansion of the Village residential development tq' a small number. of homes on the eastern edge of the Village. The'quadrant of the metropolitan area includes .the Village. of* ;Glanhassen., Tf the metropolitan growth.is to expand to 4 m 1l'ion PIPIrlions by the. year 2,000, we feel that the Village CounQi. :Iqui-agcept the responsibility of expanding the water 'and:itwe ,fQil.ities ,and the village road system to encourage high- grade;: �iev�a�.A� ��ant Such as.,- is being proposed bX Hansen and Klingelhut'm V010 teaOtioal .11.n Mr.. Stan Tarnowski stated that he did r ot.:.feel." there world "be an . undue. amount of traffic and that progress IAts $c neth ng': the..pe�ple in this area must become.more reaeptiyS;.to.° '7[ J-1 q _ Y . Mrs.. Sally deLancey stated I : fad � mat :t'..�1anninc� '�om�r►iaa'oz�:'h�s submitted a list 4f r6�c+o n, at, c�na: t�x��' feed. mat with the amount of consideration ° that has been giv�cn tc� :.thy mia�:ca��'lax�+�Qus problems 'ghat the Counoil° should `appto zp 'the Fla ►in +�o % t'�r .c�n':s ree96a ndat ons..: Mr. Al 'Barnacle explained tha reason . he, voted n4 , at. the Pla�nnixig Commission meeting on the proposed plait Reason was he was`COncernea that' all. of thee. information on thi s 'preliminaryplat could'.be presanted to the. Council to give 'them sufficient `'time to: study so that !they could make a" decision at this meetizig. Councilman Pearson suggested that Tr.act,:A; •of the. proposed plat not be allowed any development . jbaf ore : sprinSr of 1973., Attorney Larson stated.that Councilman Klange.hutz has no conflict of interest on`thia proposed plat. A motion was made by councilman Hill a,{�d se4ond�d:�y C.ouncilman:Pearson to rezone Tract A -in, Block;, 4 and Tra.ctt R.. n BIQ 7 .to �eaI - ence District C.. With the further-underst"i.ng 'that the densities be determined by future ordinance. The'Arta,les of Homeowners Associ,ati4n be submitted prior to a ' P approval of the p-lannied d ?�elopents on said. Tracts _A and .B. The rema4is�ing of- the 'lainds:to . zo ed 'tq'kesioence. District A. The following voted in -'favor - t'heredf s' May4r"'Coulter., Councilmen • Hil1, - eennyhoff ,' Klingelhutx _" argd. Pgauca an N n gati ve, votes. Motion carried. A motion was made by Councilman Bennyhoff arid- aocnnded, by Poo .cilman _ Pearson that a variance from Ordinance. 140 . ` 33 bit gra�i�ed., f or . the f 1p ,0 Collector -Streets . to.'a 60 foot- right4of-way with a 11, 3(6- foot 'bladktop surface: and a 40 foot building setheak' line. ..41a'o 4, vo.riagce .cif 150 feet on Long View -Ciro le from t the tgaxipum length stated in Ordinance -No. 33. The following voted in 9-avor . thea`+e�+� • .:, �ietyor .Coulter, :. Counai.lmeA Hill;=Bennyhoff , Pearson; an, • X14110011hu��a. Q � egrativtaa wtoo .ti on carried. . - A motion .was made by Councilman: aill..agnd ae de,.A byCounc# inn Sewayhoff that the Council awova -tha 04,84 � ry 1 -LAt 4bmitted, by Hansen and Klirgolhuts dated Mares ONch 1 t. with the following items ake listed-. f " 1. Lots -6 , Block 3 , be reduced •tt fi.v * lets .. ou .� lot�a to be 100 foot frontage and the corner lot to `be : l20? feet. The. Village to refund one.water and sewer asses* 2, Temporary -cul-de-sacs be installed . k tho ends Of. Del Rio Drive, Saratoga Drive,, Lake Street, `and 911- ,*n6 Trail . t 3. Majordrainage easements across xeaaf"'.ats .of Blook 2 be2,0 feet: 4. The -,intersection of •Lotus -Lane an4 •Righland: Drive' will be . drained south on Lotus Lane as the. drainage plan. indicates 5. Sunrise Hills Watershed Creek (2}.. ie - nc ineer.s. `reco�pendation in letter dated April 25, 1969, •':bra . t�*r ts ''Engineer to desi n" a control butlaat tb _b�e.'�c ne ed•4L-t the deve l.Oper=q_expense at ' theme they i.n�ta � ` `s.to�C' ''sow rs .n Tract A. 6. South Carver Beach Creek 006pt= o, i,r� ear 4 .:re.commen in letter dated April 2�,. 19 9 `'tha no - t ��veneent is .ne®mod at this -time.'.' 7 Accept the dedication of 4 '10. fi' ,ae�re' i4rat 'dtl.fied aaa' garb'. oh the prelirtiiinary plat atnd,thtn?a diokAw '°therebyrfulitil],s, the 'developers obligation-'vnd#a i ' i I I? - r-,Tz.) E F- EACH OUTLET l'--kiNAGE CONS RUCTuT AREA MCONtROL STRUCTURE' AS HOWN ON T 9 SHE T 9702-5 f 25.2 37. Jt /10.3 5 32.2 41 4 7. 3 '94 WE'tTEINN ' -1 "1 ", J 4f V WES, 4 Er lY Z' EXIS DRAT FLOIA Fl __�EERGY E KISTJNG TOR DISSI PATOR N 36"S 115"CMP dir- 1 1.4 NO 0.3 0 R 0 PROI _RAIL T Lr u DRIVE 1,3 1 LIMA RRON CIRCLE jjNLTA j tRAII ZTf VG- D CITY OF CHANHASSEN CARVER AND HENNEPIN J COUNTIES, MINNESOTA "NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN FOR HANSEN-KLINGELHUTZ DEVELOPMENT CORPORATION CHANHASSEN, MINNESOT•," NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 11th day of June, 1975, at 7:30 o'clock P.M. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a Public ,leaving on aproposed Preliminary Of-velopment Plan for Hansen- Klingelhutz Develooment Cor- poration aed involving the following described 5.53+ acre tract of land• "Outlot C, Western Hills Second Addition" A plan showing said proposed preliminary development plan is available for inspection at the City Hall. All persons interested may ap. pear and be heard at said Time and place. Dated: May 15, 1975 By Order of the Planning Commission Is) Bruce Pankonin Zoning Administrator Publish May 22, 1975 in the - ever County Herald) STATE OF MINNESOTA t County of .Carved; ....... SS. ........ Inc Garry... , .. • . . • • • . • • • being duly sworn, on oath says; that he is, and during all the times stated has, been the ... QW.U..,Qr , , , • • , , . • , • , , publisher of the newspaper known as..0ax.ver..00.unt.y..Her.ald...... and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the .. N p t.1 C e, • 0 f , jj f ar 1 .............. hereinafter described, said newspaper was printed and published in the ...0 i,t.y. of .... Chaska......... .., in the County of ...Carver.......... State of Minnesota, on .. 44rs d a ... of each week; that during all said time said newspaper has been printed in the English language from its known office of publication within the ...City . • ....... from which it purports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued ....... DnQe................. each week from a known office established in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and the presswork on that part of the newspaper devoted to local news of interest to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five per cent of its news columns have been devoted to local news of interest to the community it purports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local post office; and that there has been on file in the office of the County Auditor of .. Carver ........... County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the .....Notice of Hearing...., hereto attached was cut from the week, for .. 22.nd . day of ....May .............. 19 .. 7.5. ; andL&- a��:xxxx�:.x11:.�:x.xxxxR���,�x��i�xt��x<�xx�cxXxxx • I xi'•xYY�xXY:?>•XFtY_• .A_SI:XXxYcX and that the following is a printed copy of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: (Paste H e roo f Complete Lower abcdefghijklmnopgrstuvwxyz case Alph et -z out Sng) abcdefghi jkImnopgrstuvwxyz ................................. 1 Subscribed and sworn to before me this/ cxZ.-day of • . j ).� 19. 7�� ........... ... .................a x�.�`.......... Notary Public, . - • / ......... County, Minn. My commission expires ..1. r ... -A (9 ........ 19. -,K- /� f LORRAINE LAND NOTARY PUBLIC, Carver County, Minn. My Commission Expires July 26, 1915 A SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM O. SCHOELL CARLISLE MADSON PHONE 938-7614 • 60 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 66343 I September 18, 1970 Hansen & Klingelhutz Consgruction, Inc. Chanhassen, Minn. 55317 Subject: Storm Sewer Connection, Western Hills Addition Gentlemen: We note that the band linking the old culvert pipe on Santa Fe Trail with the new storm sewer is not tight and that the leakage is undermining the ground under the pipe all the way.from the 45° bend to the new Catch Basin No. 4. This is the bend installed by you as a part of the drainage construction. Please remove and replace this band and bend, if necessary so that there will be no leakage or further erosion. Very truly yours, SCHOELL & MADISON, INC. WDSchoell:sd cc: Adolph Tessness, Administrators REGISTERED BUILDER DOUG HANSEN 938-5354 HANSEN & KLINGELHUTZ CONSTRUCTION , I N C . _j P.O. BOX 207 CHANHASSEN, MINN. 66317 OFFICE 474-7466 q� I September 18, 1970 Village Council Village of Chanhassen Box 147 Chanhassen, Minnesota f; SLP a RECEIVED VILLAGE OF CHANHASSEN, MINN. i Attention: Mr. Adolph Tessness, Administrator Dear Mr. Tessness; TOM KLINGELHUTZ 474-8941 Upon receiving final approval for the development of sanitary sewer, water and streets in Western Hills First Addition, we request release of escrow money held by the village for completion of these items. We also request release of the amount for legal, engineering, and administrative costs, leaving the storm sewer portion of 15,400.00 until the final assessments are levied, paying that portion following terms called for in our development contract. Si cerely, Douglas M. Hansen, Pres. Hansen & Klingelhutz Const.,Inc. bh/dh SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534; September 11, 1970 Village of Chanhassen C/o Mr. Adolph Tessness, Administrator Box 147 Chanhassen, Minnesota 55.317 Subject: Western Hills First Addition Partial Release of Escrow. Gentlemen: We have reviewed the requests for payment for work on escrowed items in the referenced subdivision. 1. Northern Contracting Company Sanitary Sewer and Water Main Construction Estimate No. 4 (Final) $4,220.31 2. Don Anderson Excavating Company Site and Street Grading Estimate No. 4 (Final) $19,536,65 Item No. 1, Northern Contracting Company, includes the three following types of payments: a) the release of the 5% retained from previous payments, amounting to $3,501.56; b) payment for adjusting catch basins, amounting to $245.00; and c) payment for making repairs to water services and cleaning manholes, both re- quired due to the street grading operations, amounting to $473.75. Amount (a) is to be split into separate amounts; with $1,918.63 to be charged to the Sanitary Sewer Fund, and $1,582.93 charged to the Water Main Fund. Amount (b) should be charged to the Street Improve- ments Fund. Amount (c) is to be deducted from the payment for Item No. 2, to Don Anderson Excavating. It is recommended that the sanitary gewer and dater idains be given final approval and be accepted by the Village, and that the funds be released from escrow as stated above. Release $3,746.56. SCHOELL & MADSON.INC. Village of Chanhassen September 11, 1970 Page 2 Item No. 2, Don Anderson Excavating, includes the costs of the base construction and street paving, an increase of $17,293.54 over the $6,545.29 of the third estimate; the cost of a wage increase figured on the tonnage of bituminous paving material, amounting to $234.60; an amount retained on escrow items of $929.53; and several items which are not included in the escrow funds: rental of equip- ment for street repairs, amounting to $656.00; an increase in the excavation work, amounting to $673.40; and an amount retained on now escrow items of $223.33. The total of these items is $20,010.40. From this amount, the cost of the repairs to water services and cleaning manholes must be deducted ($20,010.40 - 473.75 = $19,536.65). It is recommended that the street construction work be given final approval and be accepted by the Village and that.funds for the first three items listed above ($17,293.54 + 234.60 + 929.53 = $18,457.67) be released from escrow and that of this total amount, $473.75 be paid to Northem Contracting Company for their work as previously described. Release $18,457.67. Subsequent to the release of the above amounts, the escrow account will have the following funds remaining: Sanitary Sewer Water Streets Storm Sewer Legal, Engineering and Administrative TOTAL $ 5,627.27 4,641.40 181.57 15,400.00 *13,007.72 $38,857.96 If you need more information about these items or if you have any questions, please call us. Very truly yours, SCHOELL & MADSON, INC.% JAHall:bk WILLIAM D. SCHOELL CARLIf SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 September 2, 1970 Mr. Adolph Tessness, Clerk -Administrator Box 147 Chanhassen, Minn. 55317 Subject: Western Hills First Addition Roads Dear Mr. Tessness: We have inspected the progress and completion of the gravel base and surfacing of the roads in the above subdivision and have found them to be constructed properly in accordance with the Village specifications and requirements. Very truly yours, SCHOELL & SO�Ntf INC. G WDSchoell:sd cc: Hansen & Klingelhutz REOISTERED BUILDER DOUG HANSEN 938-5354 8-31-70 HANSEN & KLINGELHUTZ CONSTRUCTION I N C . P.O. BOX 207 CHANHASSEN, MINN. 55317 OFFICE 474-7466 Village of Chanhassen Chanhassen, Minnesota Gentlemen: TOM KLINGELHUTZ 474-8941 As of August 14, 1970 our roads were completed according to Village requirements. We would like acceptance as of that date. We understand we are to guarantee the roads for 1 year from the above date. Being concerned about this guarantee we would expect cooperation from the Maintenance Department and also from the Police Department in enforcing road restrictions in the spring of 1971 to guard against any damages that may occur due to overloads. Sincerely, DouglaY Hansen' Tom Klingelhutz DH:mr l 4w SUIT DKOW LOW; 5,A*J8E%' V.18 5354 HANSEN,r KLIN(3ELHU-rz C,O-NSTRU-C-T-ION INC. P.O. BOX 207 CHANHASSEN, MINN. 56317 OFFiC -OM, 474-746C 474. A 041 ..ng Co. !'-'th OtL-'" t I.y fro. cry I r r F, r ')f Ic junq ce Av,rie. F t w a Li,� F, oe is 'ievem; '7E. e it Iruly, it 0 . CIL'.Irlill WILLIAM D. SCHOELL CARLISL SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS . .._.._ _ 8-7614 50 NINTH I AVENUE SOUTH • HOPKINS, MINNESOTA 5534: Mr. Adolph Tessness Clerk -Administrator Village Hall Chanhassen, Minn. 55317 Dear Mr. Tessness: May 20, 1970 I�� � ,�a :• ys Subject: Western Hills First Addition As requested, we have reviewed the statement from Gordon Coffin, Surveyor, submitted through Hansen & Klingelhutz, covering boundary sur- vey, computations, plat, partial road -staking, and complete lot -staking on the above subdivision. Those parts of the cost represented by the "partial road -staking" were included in the escrow amount; the totals shown do not break this part of the cost out separately, which should be done before 90% of this portion is released from escrow. The other parts of the work pertain to costs attributable to the plat itself and such costs were not included in the escrowed amount. Very truly yours, SCHOELL & MADSON, INC. WDSchoell:sd cc: Mr. Russell Larson, Village Attorney C:SJ �� • t /REGISTER ED** HANSEN & KLINGELHUTZ BUILDER * ** CONSTRUCTION, INC. ****** P.O. BOX2o7 CHANHASSEN, MINN. 56317 DOUG HANSEN OFFICE TOM KLINGELHUTZ 938-5354 474-7466 474-8841 Decembei Village of Chanhan Village Council Gentlemen: Re: Future Development We, as developers in the Village of Chanhassen, request that we be notified immediately of Council intention as to future policy for development of land and building. As we hold land and layout plans we must know now as to whether you will continue to permit building in 1970 — 71. As you know we have all our eggs in one basket (Village of Chanhassen) and if you intend to disallow development we must know at this time in order to plan our future. If building was stopped this could put us out of existence! We sincerely hope that this problem can be solved, not only for ourselves, but for commercial and industrial expansion which would better the entire community of Chanhassen. We hope that you realize the grave importance of any decision to stop development of land and building, and will act to resolve this problem and lay out a concrete plan for immediate future. Again, please let us know of your intention. Sincerely, Dough M. Hansen ,W eJ Thomas 0. Klingelhutz mr REGISTERED HANSEN & KLINGELHUTZ BUILDER ** CONSTRUCTION, I NC. ***+F*** P.O. BOX 207 CHANHASSEN, MINN. 55317 DOUG HANSEN OFFICE 938-5354 474-7466 Dec, 12, 1969 Village of Chanhassen Chanhassen, Minnesota Gentlemen: Pretaining to Sewer and Water Western Hills Ist. Addition: om TOM KLINGELHUTZ 474-8941 We understand the Village Inspector and Engineer have completed the final inspection and have approved both sewer and water in Western Hills Ist. Addition. We therefore ask that the Village of CD@nhassen accept these sewer and water lines and the easements we agreed in the development contract, dated -- the 12 day of July, 1969, between our company, Hansen & Klingelhutz Construction, Inc. and the Village of Chanhassen. These lines are now in operation and operating properly. We also understand $hd agree that we and our sub —contractors must guarantee, for the period of 1 year, these sewer and water lines as per the development contract. Sincerely, ' Thomas (). Klingelhutz TOK:mr 'e C 00 � � REGISTERED BUILDER HANSEN CONSTRUCTION, & KLINGELHUTZ Im I NC. P.O. BOX 207 CHANHASSEN, MINN. 56317 DOUG HANSEN 938-5354 OFFICE 474-7466 TOM KLINGELHUTZ 474-8941 Dec. 12, 1969 Village of Chanhassen Chanhassen, Minnesota Gentlemen: We understand and agree that the Village of Chanhassen will not be responsible for damage to private property owned by Hansen & Klingelhutz Construction, Inc. when in the process of removal and plowing of snow during the winter of 1969 and 1970. Sincerely, Thomas 0. Kliri elhutz TOK:mr This Copy for LP ESTIMATE NO. 3 __ Dat Contractor's Monthly Claim For work during W69-11/28 Owner: Rmsen ingelhutz anG Contractor: Northern Contracting T%s Villa' -e ofC1 ssen Box 336 Work: aS:I.T*r v water' t'�ti�' St — '1104t- l dress: H*PkIW P Una. AMOUNT ALLOWED ESTIMATE RETAINED BALANCE TOTAL ESTIMATE TO DATE $ M 031 * 33 Less 5 % retained Total allowed to date 66 i 52q . ?7 Last previous estimate $ 70 31 +33 Less 1-0 % retained Previously allowed $ 639028.20 GROSS INCREASE, THIS ESTIMATE $ 0 Less 5 % retained Gross balance due ContractoriR� OTHER ADDITIONS OR DEDUCTIONS: CONTRACTOR'S AFFIDAVIT STATE OF MINNESOTA,) ss. County of tsann C'ggc,L- c peosC in said County and State, being duly sworn, on oath says, that he is the claimant named in the above account; that such account is just; and true; that the money therein charged was actually paid for the purposes therein stated; that the property therein charged for was actually delivered or used for the purposes therein stated and was of the value therein charged, that the services therein charged were actually rendered, and of the value therein charged; that the fees or amounts charged therefor, are such as are allowed by law and that no part of such account has been paid. Subscribed and sworn to this nday o" D62EmgEk- 19 �'ri Net Balance due Contractor $ 3 050, *37 I certify that this net balance is now due the above named contractor WILLIAM T. MILLS _—_Consu1tJ4Engineer _ VIi :AGE OF CHA.NHASSAN o MINNESOTA CONSTRUCTION HEPORT AND MONTHLY ESTIMATE FOH SANITARY SEWER, WArERMAIN SECTIONS A AND B W &S7i3RN HILLS, FIRST ADDI UON ontraut Sate:ork started : 64V-� Co:- Jate of th%s report: � � to No. s f t cs�rerew this report:om 9 T" , 4 PC) TH£ i*I ,..HGE COUN(3IU OF CHANHASSAN: This 16 ccrt. r l:r f work rl; s been Perfo-:'_-_ed on the above ar ,'. i .l. _,t' . i if out (3f� _ 2-49 - :O=1-2 out (1f) 3-31 , 12- 4 out (if—! j 90 6 14-1.0" out GJ �i 4 83 16 _l 8` out (if) 18-20 cut Uf' �- 8,24 �8 e 9 20-22 out (If . -� -- 8" Esc, St Vc P (-U 10,15��. 2.12 10 11 811 oravity CIP (if) - 81,10", VCP wires;_ (Fja) _4.60 - 8.00 3„00 12 13 6" VvP 3ervicE:F ;xf) _ 14 o-81 Precast- NE,us (ea) 2'0.00 ..� 15 Ex, DD. 1H,s (if) ._. 5„00 16 Drop Section (ea) - 300-00 V? Pit Etua Stabilizer (tor4) 3.00 18 - Crushed Hock (ton) 5.00 19 rree Removal ().a) 250.00 77 175.56 572 1*424.28 859 2*370.84 653 21.61.43 595 20320.50 .399 1o927•17 654 4, 231..38 71 585.04 42 426.30 3.802 120-d.89060.24 552.00 60i 480.00 1086 5 o 658.00 �22 m 59500.00 83.2 2080.00 —. 34 _ 170.00 100% 250.00 SUB -TOTAL SEWERS $38 073 o 74 ^f e"') r A I tem IVo, I 2 4 b Coa•:rract Item- Description Unit €�.or,i tt i.3 fork tv 1 AMount t and Unit of bliea_sure ' PrA.ce � e _ i cY- r �.. - -775 8'� C IP 'WaterimIn-(if) V 4.4 37.75 6" !: iP Watermain (if) - , _ =• 31 # 02 13v769.)4 °' r . V.. and 3oz (ea ) =� 2 320,00 611G , V.. and :3ox ( erg ) 5 5" A_ydrants (ea) _— I33_p,C. I" (:orpo Stop -Sox (ea) i 1-35-00_1. 60 1'• t;n_nper Bernice (lf) - 3moG- 1..$9 t�ts it® Ftg°s (lb) 0�L_..�._�_._. --� ------ -- .330870 rOTA , WATER AND : 0 IIA IIE 1.650.v0 2070000 E00 2 *100 *00 5:457.00 1.354..-50 31#638.59 00.031•33 � 11/28/69 r - x DIa? _ REGISTERED* HANSEN & KLINGELHUTZ BUILDER * CONSTRUCTION, INC. ******** P.O. BOX207 CHANHASSEN, MINN. 88317 DOUO HANSEN OFFICE TOM KLINQELHUTZ 938-5364 474-7466 474-8941 24 November 1969 Village of Chanhassen Chanhassen, Minnesota Gentlemen: Due to the delay in the installation of the storm sewer in Western Hills 1st. Addition we regret that we cannot get the blacktopping completed this year. The blacktopping and curbs will be done next spring as soon as conditions permit. We respectfully ask the Village to do the snow plowing this winter. In the event of heavy snow and the Village requires the use of a front end loader, we will furnish this when the maintenance foreman requests it. Sincerely, Hansen & Klingelhutz Construction, Inc. Thomas n. Klingel utz TOH:mr SCHOELLI& MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL 'CARLISLE MADSON PHONE 938-7614 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343 November,17, 1969 Village of Chanhassen c/o Mr. Adolph Tessness, Administrator -Clerk Village Hall Chanhassen, Minnesota 55317 Subject: Sanitary Sewer and Water to Serve Part of Proposed Western Hills, Second Addition Gentlemen: In accordance with your request, we have studied the feasibility of serv- ing the northeast corner of Hansen & Klingelhutz' property in the proposed Western Hills Second Addition with sanitary sewer and water. In this connec- tion we have also studied the possibility of providing sewer and water to some lots in Sunrise Hills 2nd Addition, bordering Kiowa Circle (formerly Rose Lane), which were assessed for these. two utilities but sewer and water were not con- structed. The attached sketch shows the location of the proposed new construction. We have arbitrarily indicated some general boundaries for two tracts in the proposed Western"Hills Second Addition and in the Peller property, on the north side of Frontier Trail., so that assessments against parts of these two tracts will not have'to be general against the entire tracts of which the smaller pieces are a part. Estimated costs are as follows: Sanitary Sewer $5,421 Water Main $6,575 We recommend that the existing assessments for utilities not provided be cancelled and portions already paid on these cancelled assessments be credited toward new assessments, as follows: Sanitary Sewer Lot 1, Block 3, Sunrise Hills 3rd Addn. $1,068.68 Lot 2, Block 3, Sunrise Hills 3rd Addn. 1,068.68 Water Main Lots 1, 2, 3 and 4, Block 3, Sunrise Hills 3rd 4 units @ $506.04 2,024.16 Total Assessments Cancelled $4,161.52 r Village of Chanhassen Page 2 November 17, 1969 The new utilities' costs may be spread as follows: Sanitary Sewer - $5,421 divided by 5 lots served = $1,084/Lot Water Main - $6,575 divided by 7 lots served = $ 939/Lot Us.e'of the above procedure will cause a shortage in the assessed cost of sewers and water in the Sunrise Hills Second Addition of $4,161.52. -Appar- =ently these assessments were spread in error and we recommend that the short- age be financed out of the Trunk Sewer Fund. The proposed sewer and water addition will serve the west end of the Peller tract, which we understand was assessed at least in part on the pre- vious spread. However, no services were installed in the portion of the tract shown on the sketch; this portion can be served economically by the subject addition. It will be necessary to secure easements from the respective owners of presently unsubdivided lands shown on the sketch. Also, no cost has been included for the grading of Kiowa Circle, which normally would be done by the subdivider. We trust that this proposed method for installing sewer and water in this area will simplify the existing problems there of tracts assessed for but not provided with sewer and water. Very.truly yours, SCHHOELL & MADSON, INC. e J a44o(4_, * WDSchoell:sd ELLER) ell 0 . L . 3 r r1 FRONTIER TRAIL 0 51 ` 7 8 c 4 d 9 10. 5 2 12 13 LEGEND EXIST'G PROP. :an. Sewer -- — --�. 14 Water Mn. --- -• Ass'mt Area (Water) VILLAGE OF CHANHASSEN �~ CHANHASSEN, MINNESOTA SEWER AND WATER EXTENSION 1 15 FRONTIER TRAIL AND KIOWA CIRCLE SCHOELL a MADSON,313C. ENGINEERS & SURVEYORS HOPKINS, MINNESOTA SCALE 1 "= 100' DATE NOV. IT, 1969 -6218-I r, REGISTERED BUILDER DOUG HANSEN 938-5354 HANSEN & KLINGELHUTZ CONSTRUCTION, I N C. _1M 23 October 1969 Village Council: P.O. BOX 207 CHANHASSEN, MINN. 55317 OFFICE 474-7466 TOM KLINGELHUTZ 474-8941 We, as owners of land adjoining Sunrise Hills and butting Frontier Trail, request that water and sewer be extended to the west boundary of Sunrise Hills to the end of Frontier Trail. Village policy, as we have been obliged to follow, has been to extend water and sewer lines to the end of completed roads. As this should have been done, we feel this request must be taken care of as soon as possible. We will be agreeable to pay an assessment equal to one lot for water and sewer services brought to our property line. Sincerely, Ha en & Klingelhutz Construction, Inc. Doug He sen Dh: mr LAW OFFICES OF BRENNER AND HARROUN HUGH L. BRENNER BERNARD M.HARROUN d September 19, 1969 Mr. Russell Larson Attorney at Law First National Bank Building Minneapolis, Minnesota Dear Russ: TELEPHONE 935-3404 5509 EDEN PRAIRIE ROAD MINNETONKA, MINNESOTA 55343 I was talking to you the other day about the gap in the plat at Wes- tern Hills. However, I now find that I don't understand everything I know about the subject. It seems that on August 16th, Carlisle Madson wrote to Mr. Adolph Tessenss relative to a gap that existed between Tract A and Tract D of Registered Land Survey No. 32. On the other hand, I was talking about a discrepancy between the eastern edge of Western Hills First Addition and the quarter section line which constitutes the boundary line between Hansen & Klingelhutz' property and Forciers' property. It is my understanding that Hansen & Klingelhutz have referred this matter to their surveyor and the final resolution of the problem lies in his hands. However, I will continue to follow the matter so that I can be satisfied that it has been accomplished. Yours very truly, Id: � 4 �_ I BERNARD M . HARROUN BMH:jp cc: Hansen & Klingelhutz Mr. Gordon R. Coffin REGISTERE�' D BUILDER HANSEN & KLINGELHUTZ ** CONSTRUCTION, INC. P.O. BOX207 CHANHASSEN, MINN. 55317 DOUG HANSEN OFFICE TOM KLINGELHUTZ 938-5354 474-7466 474-8941 Sept. 16, 1969 Village of Chanhassen Adolph Tessness, Village Clerk Chanhassen, Minnesota Dear Mr. Tessness: As owners of lots 9, 10, Block 2 Western Hills 1st. Addition, we present this letter of intent. Because the garage on lot 10 Block 2 is located 8! from west lot line we will spaintain at least 20' between this garage and the adjoining structure to be built on Lot 9 Block 2 Western Hills 1st. Ha en 6• Klliingelhutt/z Douglas ansen DH:mr COUNTY OF CARVER CHASKA, MINNESOTA OFFICE OF C O U N T Y S U R V E Y O R OFFICE TELEPHONE: 448-3435 EXT.: 54 September 2, 1969 Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Gentlemen: 55318 JAMES A. LINDSEY County Surveyor Reference is made to your letter of August 22 regarding Western Hills First Addition Plat. We were aware of boundary problems relating to the above plat and cautioned the surveyor that there might be difficulties. check plats mathematically,We can only and can assume no responsibility for legal or title problems in connection with such plats. We do feel that Mr. Coffin has performed his work in a manner to not cause any overlap with earlier surveys in the area. The problem may well resolve itself into situations created by prior land divisions in the area. It would seem best to have the respective attorneys institute proceedings to clear up the matter. The problem must be solved by the affected landowners. Carver County does not have sufficient funds to provide any assistance in such matters. For the information of Mr. Madson, Carver County is proceeding with preparation of 3-2—section maps on a basis of paying for this work as very limited funds become available. The needs are much greater than the county can afford to finance. It seems that the only solution will be to go to some deed tax system which will dedicate an assured revenue source to such a program. We are very pleased that your village recently cooperated in our aerial z-section map project which is the first phase of this program. As drafed %-sections in Chanhassen become available, we will advise you so that you may obtain prints. We appreciate Chanhassen's cooperation with the county, but do feel that we have to be patient until the county feels that a full-time staff can be assigned to this work. The needs are great but funds are lacking to do all we would like to accomplish. Yours very truly, i ames A. Lindse , County Survey JAL/maw cc: County Auditor Schoell & Madson, Inc. Gordon Coffin SCHOELL & MAOSON, INC. ENGINEERS AN❑ SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON ( PHONE 938-7614 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 5534 August 16, 1969 Mr. Adolph Tessness Village Hall Chanhassen, Minnesota 55317 Subject: Western Hills First Addition, Storm Sewers Dear Mr. Tessness: Chanhassen Improvement Project No. 68-1B This past week our engineering department called my attention to a rather unusual survey and title condition existing in the_ subject project. By the sole means of assembling a carefully constructed drawing of Western Hills' First Addition for use in the plan portion of the working plans on this project, it is evident that a gap or hiatus exists on the ground between Block 1, Western Hills, and Block 3, Western Hills First Addition. The en- closed sketch illustrates the problem. This gap amounts to practically nothing at the SW corner of Block 1, but as this block line goes northerly and easterly to the NE corner of Block 1, the gap spreads to a dimension of 20 feet. It is through this area that we plan to construct the storm sewer. Our immediate problem is how to des- cribe an easement through an area that doesn't exist title -wise. Western Hills consists of all of Tract A, RLS No. 32, and Western Hills First Addition purports to include all that part of Tract D, RLS No. 32 ad- joining said Tract A. I say "purports to include all of Tract D" because I'm thoroughly convinced, after considerable research and discussion with the surveyor of Western Hills First Addition, that several well established principles of land surveying have been improperly applied. It is my contention that the gap is an unplatted portion of Tract D, RLS No. 32. Of course, I could easily describe an easement over that part of Tract D lying between the aforementioned Blocks l and 3, but I don't believe the Registrar of Titles would accept such an easement description for memorializing since from a title standpoint the gap does not exist. I further contend that the plat of Western Hills First Addition has created an ambiguity in the public records --one that could be understood by mighty few people without a thorough knowledge of land surveying principles. Certainly this problem of the gap needs to be rectified, and right now is the time to do it: As long as the property is still in the sole ownership of Hansen & Klingelhutz, the plat and itsatreets-could be vacated, a new plat prepared, making the necessary changes adjoining Western Hills, and recorded in the court house. Rectification should only amount to a few hours of computation and drafting time, blueprinting charges, the inconvenience of "and Western Hills SCHOELL & MADSON, iNc. Mr. Adolph Tessness Page 2 August 16, 1969 getting new signatures and the costs of recording; this is a small price to pay for clarification of the records and protection of the public. I'm at a loss to suggest a means for eliminating a similar condition in the future. I do know that an error of this nature would not have occured in Hennepin County. Perhaps the reason that it would not be happened is the fact that Hennepin has a much larger staff in both the Registrar of Titles' office and the County Surveyor's office, both staffs spend more time in checking and go into it in greater depth than just checking the mathematics of a plat as is done in Carver County. Added to this is the convenience of having well -drawn and fully dimensioned half section mapping as an aid in their plat checking. If we can be of any service in assisting in this correction, please let us know. Very truly yours, SCHOELL & MADSON, INC. CMadson:sd cc: Mr. Russell H. Larson, Village Attorney X svn-we N%/s?ndRt�{�d ivrP- .2nd�Qda( r, •. V / ,I O'�� �' it , . ��yty%✓•. Warr. Loll, 8, Svnri . W& w ,i :h D svnrrra IMIr 1,14dd. TRACT ° 8" TRACT ,y,!/s F'ii's1f �¢drifibQ I 4 V GA TRA.Cr "A;' / :: • ?i; 2 i of Sacif�o» /2-/Ib,?3 h SW corn or Gv✓f; lof4 1334.18 My✓�'ornpr •-�' I . w _ �`;�'' .,���...• � tin„ .3'�tOh� `!STEnr La1D SiJR 32-, (CARVER COU,ITY) "All that p ,.,© ,0he Southwest J. ana 6.he Southeast -��, of the North Section 12s �,�...._. �� 116 _ o� ,,.. , Rama 23 krost, described as fol ows . C-0=enc r;.3 South s �:�rner of Section 12; thence Forth 1331.83 feet to the point r-.: 'L.. --Z; thence _ or'ch 1446.57 +eQt, thence North 89052135" Wrest 580.00 feet; them: , � O11015 Ezzt 340.0 fee',; thenco North 89050 140" : st 740.93 feat; thence South 018118" Lost 1608. ; thence South 88°12'35" Eat 1334.18 Peet to the point of ba " ' +n3a. • iorleiv Flatebo Filed Nov 7 1967 SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534: August 15, 1969 0 Mr. Adolph Tessness, Clerk -Administrator Village Hall Chanhassen, Minnesota 55317 Subject: Western Hills First Addition, Statement for Engineering Services Dear Mr. Tessness: As requested, we have reviewed Messrs. Hansen and Klingelhutz' letter of August 14th asking for further information in regard to the Subject. Reference is made to our letter of August 6th detailing the time spent on various parts of the review. We do not have a recap of the split of costs as billed to Han- sen and Klingelhutz, but suggest that the following criteria be.fol- lowed: 1. Review of preliminary plans for streets, sewer and water, 18 hours to be charged to the developer. 2, Preparation of report to Planning Commission (16 hours) and report on surface runoff (11 engr. hours and 2 drafting hours) charge to storm sewer project. 3. Review final plans and specs, streets, water, sanitary sewer and storm sewer, 25 hours charge to developer snd 8 hours to storm sewer project. 4. P- _onstruction meeting and escrow account work, 10 .-tours charge to developer. mc 6rs. Hansen and Klingelhutz are in error in stating that "previous to this time a total of 34 hours was spent in review of plans and specs for Western Hills". Perhaps our division of work was not clear, but the 16 hours in Item 2 of our letter of August 6th was entirely used in respect to drainage and resulted in the report dated April 25th, dealing entirely with drainage, and for that reason we recommend above that it be so charged. The 33 ho-i. required to review final plans and specs was not excessive, since we were not familiar with Bill Mills' detailed spex and had to go over them in minute detail. The alternative to this would have been to substitute our specs, rah-ch we didn't feel was warranted. This illustrates the problem when work is done by a 1 MW SCHOELL & MADSON.INC. Mr. Adolph Tessness Page 2 August 15, 1969 developer and his professionals and reviewed by employees or pro- fessionals hired by the municipality. The reviewing people are in effect guaranteeing to the municipality the full adequacy of the plans and specs and putting their professional reputation on the line in so doing. The developer's professionals have no obligation to the municipality. We did review the detailed storm sewer plans and specifica- tions, because they were submitted by the developer, but he did not choose to take bids 3n this portion of the work. We have made some use of these detailed plans in starting on the detailed plans for the assessment project, and our engineering cost for this work will reflect this assistance. However, we were not advised by the developer or anyone else that he changed his mind and decided to request this work be done under the municipal assessment procedure. He could have saved the engineering cost paid to his engineer in drawing detailed storm sewer plans if he had decided to go the assessment route at an earlier time. We believe much of the misunderstanding involved in these let- ter exchanges could have been prevented by all parties sitting down when this project started and laying out the procedure, etc. We hope that this will be done on the next similar situation that arises. WDSchoell:sd cc: Mr. Russell H. Larson ex cc Very truly yours, SCHOELL & MADSON, INC. V (#) NORTHWESTERN BELL TELEPHONE COMPANY IOWA—MINNESOTA—NEBRASKA—NORTH DAKOTA—SOUTH DAKOTA 5532 County Road 18 Hopkins, Minnesota 55343 August 15, 1969 Honorable Village Council Chanhassen, Minnesota Gentlemen: The Northwestern Bell Telephone Company respectfully requests permission to place buried cable on Long Horn Drive and Iro- quois Avenue for growth as shown in detail on the attached sketch. This work will be done on our Job Order Number 26507. If this plan meets with your satisfaction, please return two approved copies of the sketch to this office. Your early consideration of this application will be appreciated. Yours truly, i District Plant En iineer Attach. c.l te v Q Q ~ - NORTHWESTERN BELL TELEPHONE CO � 3 APPLICATION FOR PERMISSION TO PLACE TELEPHONE PUNT ON CHA.NHASSEN VILLOCE PROPERTY. LAKE MINNETONKA—EXCELSIOR J.O. 2E,507_ PRT_—OF-L : ENGR. D. K. PHOPJE $ 4,- 15 DATE 6- 19-6S REGISTERED BUILDER DOUG HANSEN 938-5354 HANSEN & KLINGELHUTZ CONSTRUCTION, I NC. Mr. Adolph Tessness, Clerk P.O. BOX 207 CHANHASSEN, MINN. 55317 OFFICE 474-7466 UM TOM KLINGELHUTZ 474-8941 Village of Chanhassen Subject --Statement for Eng. Services Dear Mr. Tessness: Re: Western Hills In regard to copy of engineer cost breakdown dated Aug. 6, 1969 and received by us on Aug. 11, 1969. We feel the overall total hours and cost of $1115.00 is in excess of what it should be. Two items should be reviewed and revised. 41 3rd item re report on provisions of surface runoff, whole subdivision and drafting. We feel this should be paid for by the storm sewer project or specifically time related to Forcier watershed area, be charged to the same storm sewer project. 92 4th item: Review final plans and specs on street, water, sanitary sewer and storm sewer 4/27 - 6/15 33 hours. Previous to this time a total of 34 hours was spent in review of plans and specs for Western Hills by your Village Engineer. We followed these Village approved preliminary plans and specs with very few changes. All the engineering was done completely by our engineer, Wm. T. Mills, from preliminary plans to final plans and specs according to Village Engineer requirements. We feel 33 hours time involved (four full days) is time in excess of what should be required to review basically the same plans as preliminarys. If for some reason this time is not directly related to Western Hills 1st. Addition, we feel it should be adjusted. Hansen & Klingelhut2 i Douglat' Hansen `Tom Klingelhutd/ DH-TK:mr SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534 August 6, 1969 Village of Chanhassen c/o Mr. Adolph Tessness, Clerk -Administrator Village Hall Chanhassen, Minn. 55317 Subject: Construction of Public Improvements in Western Hills, lst Addition Gentlemen: This will confirm the verbal report given to Mr. Tessness late last week with regard to release of part of the escrow account on the above subdivision. The following statements from William T. Mills, Consulting Engineer, were submitted: Date Work Covered Amount Amount Approved for Release 5/l/69 Plans and spex for sewer, water, storm sewer, streets $2,391.25 $2,391.25 5/24/69 Engineering services, 5/5 thru 5/23, sewer, water, etc. 1,344.62 1,344.62 6/28/69 Engrg services, 5/29 thru 6/27, add'l work on plans and spex, field staking on sewer & water 1,364.50 1,364.50 3/22/69 Preliminary plans for West- ern Hills, lst Addn. 1,030.75 -- Total $62131.12 $5,100.37 In addition, the following statements were submitted but not approved for inclusion for payment out of the escrow account because they pertain to the subdivision of the property, rather than to the public improvements: Herb Baldwin July 20, 1969 Egan, Field & Novak 12/1/68 Prof. Services in planning subdi- vision, concept plan, etc. $2,495.00 Surveying services, plat, and topographic survey 640.00 SCHOELL & MADSON, INC. Village of Chanhassen Page 2 August 6, 1969 Following is a detailed listing of the various amounts included in the escrow deposit: Item Est. Cost Plus 10% Total Escrow Amount Approved for Release Sanitary Sewers $40,000 Water Mains 33,000 Streets 30,000 Storm Sewer 30,000 Legal, Engrg, Admin. 20,000 Totals $153,000 $4,000 $44,000 3,300 36,300 3,000 33,000 3,000 33,000 2,000 22,000 15,300 $168,300 $3,500+ 17,600* 5.100 (per page $26,200 -rTne original amount escrowed included an allowance for overage in the gravel required in the street base. With the 101 added to the full escrow amount, we do not feel at this time that this additional 15'/ allowance is necessary, and therefore can be released. This amount represents the difference between the estimate for the developer paying the full amount of the storm sewer cost fc.,r his full area being developed at this time and the probable cost to be assessed against Western Hills 1st Addn. We feel this is justified now that the Village has undertaken the construction of the storm sewer project. We recommend that the sum of $26,200 be released from the escrow account at this time. Very truly yours, SC.:OLLL & MADSON, INC. /�' �10J4 r)dv a �- WDSchoell.:sd cc: Mr. Russell H. Larson, Village Attorney Hansen & Klingelhutz CHANDLER-LANG AGENCY, INC. AA _ �,� INSURANCE BONDS 44WJD AREA CODE 612-544-8811 GAMBLE CENTER • 272 TYROL WEST BUILDING s MINNEAPOLIS, MINNESOTA 55416 July 21st, 1969 Village of Chanhassen Chanhassen, Minnesota Re: Northern Contracting Co. Contract to:Hanson Klingelhurts Contract`Amt: $72,065.25 Gentlemen: It is the understanding of the Contractor and Surety Company that the Village of Chanhassen' interest in becoming named as co -obligee is strictly for the purpose of having a recourse against the Contractor under the provisions relating to maintenance, afforded by the attached bond. And it is therefore understood that the Principal and the Surety shall not be liable to the obligee, or either of them, in the aggregate in excess of the penalty sum of the attached bond. Very truly yours, CHANDLER-LANG AGENCY, INC. ' �C_handler�. D. JDC:met Encl. cc: Jim Tanner SCHOELL & MADSON, INC. ENGINEERS ANC] .SURVEYORS WILLIAM b. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH . HOPKINS, MINNESOTA 6634: July 18, 1969 Mr. Adolph Tessness, Clerk -Administrator Village of Chanhassen Village Hall Chanhassen, Minn. Subject: Western Hills 1st Addition Dear Adolph: Inxesponse to your request to review the request for a draw from the subject escrow account, the copy of the agreement we have indicates that costs incident to street grading and surfacing, curb and gutter, sewers, water,.etc. can be withdrawn upon certification by the Villa$ Council that it has been completed or partially completed satisfac- torily. We have a copy of the bid tabulation, but do not have copies of the agreements with the contractors, the engineer, surveyor, or". land planner. Please ask Mr. Hansen to furnish us with these docu- ments; in the case of the engineer, surveyor and land planner a memo -type agreement indicating the terms of the work will be suffi- cient. In respect to the grading, the amount requested apparently in- cludes partial payment for site grading off the public right-of- way; this amount was not included in the escrow money, to our know- ledge. Upon receipt of these documents, we can continue our review of the request. 1 Very truly yours, SCHOELL'& MADSON, INC. • ���' V iL.rG��C WDSchoellssd � i I cc: Mr. Douglas Hansen Mr. Russell Larson REGISTERED ** HANSEIii & KLIIiICEL�-IIJTZ BUILDER * ** CONSTRUCTION, INC. P.O. BOX 207 - DOUQ HANSEN - CHANHASSEN, MINN. 55317 838-5354 OFFICE 474-7466 15 July 1969 To the Village of Chanhassen br. Adolph Tessness: Regarding drfiw on the savings account of Western Hills 1st Addition: 1. Egan Field and Nowak 2. dills Engineering 3. Herb Baldwin (land planner) 4. Don Anderson (Excavator) Net total 7' f Douglas Hansen, President DH:mr 640.00 4,766.62 2,495.00 16,000.00 0 23,901.62 TOM KLINGELHUTZ 474-8841 u o� STATE OF MINNESOTA POLLUTION CONTROL AGENCY 777 DELAWARF STREET S.E. (OAK AND DELAWARE STREETS S.E.) MINNEAPOLIS, MINNESOTA 55440 July 15, 1969 Village Council C/o Mr. Adolph Tessness Administrator -Clerk Village Nall, Bmx 147 Chanhassen, Minnesota 55317 Dear Mr. Tessness: The plans'.for a sanitary sewer extension in Chanhassen Which were submitted in your behalf to this Agency for review on June 23 have been approved, and a copy of Permit No. 6200 for construction and operation of the project is'enclosed. One set of the approved plans is being returned to you for your files. Please review the permit carefully and let us know if You have any questions concerning it. Yours very truly, John P. Badalich, PE Executive Director JPB/DLA:bkl Enclosure cc: Mills Engineering Company Dr. Carl Heinzerling, Health Officer Mr. Frank Lamm, Metropolitan Council STATE OF MINNESOTA POLLUTION CONTROL AGENCY 717 DELAWARE STREET S.E. (OAK AND DELAWARE STREETS S.E.) MINNEAPOLIS, MINNESOTA 55440 PERMIT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTEM 'Chanhassen Pursuant to authorization by the Minnesota Pollution Control Agency, and in accordance with the provisions of Minnesota Statutes, Chapters 115 and 116, plans are approved and a permit is hereby granted to the Village of Chanhassen for construction and operation of a sanitary seder extension in Chanhassen subject to the conditions given below. The facilities consist of approximately 3,935 feet of 8-inch sanitary sewer. The facilities are further described in plans designated "Western Hills First Addition," received an June 23, 1969. General Conditions 1. This permit shall not release the permittee from any liability or obligation imposed by Minnesota Statutes or local ordinances and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. The permit shall be permissive only and shall not be construed as estopping or limiting any claims against the permittee for damage or injury to person'or property, or any waters of the state resulting from any acts, operations, or omissions of the permittee, its agents, contractors or assigns, nor as estopping or limiting any legal claim of the state against the per- mittee, its agents, contractors or assigns, for damage to state property, or for any violation of the terms or conditions of this permit. 2. No assignment of this permit shall be effective until it is executed in writing and signed by the parties thereto and thereafter approved by the Agency. 3. No major alterations or additions to the disposal system shall be made without the written consent of the Agency. 4. The use of the disposal system shall be limited to the treatment and/or disposal of the waste materials or substances described in the plans and/or permit Ipplication and associated material on file with the Agency. 2 5. This permit is subject without public hearing to Modification or revocation, and may be suspended at any time for failure to comply Frith the terms stated herein or the provisions of any other applicable regulations or standards of the Agency or its predecessors, and is issued with the understanding that it does not estop subsequent establishment of further requirements for treatment or control at any time by insertion of appropriate additional clauses herein at the discretion of the Agency if it is considered necessary in order to prevent or reduce possible pollution of the environment because of changed or unforeseen circumstances. 6. The permittee or assigns shall defend, indemnify and hold harmless the State of Minnesota, its officers, agents and employees, officially or personally, against any and all action, claims or demands whatsoever which may arise from or on account of the issuance of this permit, or the con- struction or maintenance of any facilities hereunder. 7. Certification of completion of the project shall be made within three months after construction is"finished, reports on effluent quality and operational practices shall be submitted regularly every month, and the permit holder shall certify that he is in all respects in conformance with the conditions given in the Agency policy statement entitled "Policy Regarding Operation Permits for Sewage and Industrial Waste Treatment Works." 8: The plans for this project have been approved with the reservations stated on the attached sheet entitled "Information Relative to Review of Plans and Permit Applications." John P. Badalich, PE Executive Secretary and Chief Executive Officer Permit No. 6200 Dated July 15, 1969 STATE OF MINNESOTA POLLUTION CONTROL AGENCY Policy Regarding Operation of Sewage and Industrial Waste Treatment Works By resolution of the Agency on August 229 19679 it was directed that to make the operation permit valid, a certificate must be completed and signed by a responsi- ble municipal or industrial official and the project engineer to the effect that the treatment works have been constructed in compliance with plans approved by the Agency or its predeccessor, and are being operated as designed and in conformance with any applicable conditions given below: 1. The operator in charge of a sewage treatment plant, or comparable indus- trial waste treatment plant shall, (a) be certified in a grade equal to or higher than the category of the sewage treatment plant or, (b) have sufficient experience to become certified upon application to the exam- ining committee and successful completion of the written certification examination within two ;*ears. 2. Sufficient trained personnel shall be employed to insure satisfactory operation and maintenance of the treatment works at all times. Reports on the works personnel showing their qualifications and hours spent each week in operation and maintenance duties at the treatment works shall be filed with the Agency at monthly intervals. Any major changes in operations or personnel shall be reported promptly to the Agency. 3. Records shall be kept on all important aspects of operation and main- tenance. The records shall include, (a) measurements of the total daily inflow of sewage and/or industrial wastes, and (b) results of analysis of such sewage or industrial wastes as recommended by the Agency for the particular category of treatment works. One copy of these records shall be kept on file with the municipality or company, one copy shall be available for inspection at the treatment plant, and one copy shall be filed with the Agency regularly every month. 4. Special requirements may be made for operational reporting on unusual types of treatment works and variances may be granted from the foregoing at the discretion of the Agency. A field investigation should be made by a representative of the Agency to inspect the construction of the treatment works and observe its operation. !! 7 ohn P. Badalich, PE =executive Director September 129 1968 HPCA 46 Minnesota Pollution Control Agency Division of Water Quality INFORMATION RELATIVE TO REVIEW OF PLANS AND PERMIT APPLICATIONS February 1969 The review of plans and specifications for sewage, industrial waste or other waste disposal systems and applications for permits for the same, is maw in accordance with the authority conferred by law (see MS Section 115.07). Approval of plans and permits is based upon the assumption that the information provided by the applicant is correct, and that all other necessary legal re- quirements have been or will be satisfied. Plans for sewage, industrial waste or other waste disposal systems are examined with regard to the design features which apply to operation and main- tenance of the treatment works or sewer system, the degree of treatment to be provided, the effectiveness and reliability of the system or methods employed, and compliance with applicable standards of quality and purity for waters of the state or effluents of disposal systems. The bulletins entitled Recommended Standards for Sewage Works, 1968 edition, and Tentative Standards for Design of Small Sewage Works, July 1962, as well as other memoranda are used as a guide in examination of the design, operation and maintenance aspects of the proposed system. Sewer plans are recommended for approval on the basis that the system is to collect only domestic sewage and such industrial or other waste as may have been provided for in the design_. Foundation or footing drains to collect ground water and roof drains or other surface water conduits should not be connected to the sanitary sewer system. Adequate field supervision and inspection by qualified representatives of the owner should be provided at all times during construction to assure that the project is constructed in compliance with the approved plans and specifications. The Agency assumes no responsibility for the integrity of structures or physical features, or for the reliability, durability or efficiency of specific items of propriety equipment or material. All applicable federal, state and local laws, regulations or ordinances must be followed in the design, location, and construction of proposed sewer systems or treatment works. The Agency reserves the right to withdraw its approval of plans if con- struction is not undertaken -within a- reasonable period after issuance of the permit. MPCA 231 _ RHL 7/10/69 DEVELOPMENT CONTRACT VILLAGE OF CHANHASSEN - HANSEN & KLINGELHUTZ, INC. WESTERN HILLS FIRST ADDITION THIS AGREEMENT, Made and entered into this day of . i _C- 1969, by and between the VILLAGE OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the Village, and HANSEN & KLINGELHUTZ, INC. , a Minnesota corporation, hereinafter referred to as the Developer, WITNESSETH: WHEREAS, The Developer is the fee owner of certain lands in Tracts B, C and D, Registered Land Survey No. 32, Lot 20, Auditor's Subdivision No, 2, and the Northwest Quarter of the Southwest Quarter of Section 12, Township 116 North, Range 23 West, Carver County, Minnesota, and situated in the Village of Chanhassen, and WHEREAS, The Developer has made application to the Village Council for the approval of a plat of said lands, said plat to contain Z-)L- . 3 acres, more or less, divided into __ 6 _L— lots, and to be known as Western Hills First Addition, a copy of said proposed plat being attached hereto as Exhibit A, and Y-Af ,- WHEREAS, The Village Council has, by its resolution passed , �: : ', 1969, granted preliminary approval of said plat, subject to and on condition that the Developer enter into this agreement, and WHEREAS, The Village has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, boulevard sodding, driveways, storm RHL 7/10/69 and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots in plats approved by the Village, all of the foregoing hereinafter sometimes referred to as improvements, and WHEREAS, The Developer has made application to the Village to be allowed at Developer's expense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements: a) Street grading, graveling, establishing and surfacing; b) Curbs and gutters; c) Sanitary sewers; d) Municipal water facilities; e) Street lighting; f) Boulevard sod; g) Driveway surfacing; h) Street signs, and WHEREAS, The Developer has requested the Village to construct and install storm and surface water drainage facilities in said plat and in the contiguous areas which comprise the surface drainage system of the combined areas, and to have the cost thereof assessed against all benefited properties under the provisions of Chapter 429, Minnesota Statutes, and WHEREAS, The Developer has heretofore filed with the Village detailed plans bearing date May 12, 1969, of the proposed installation of sanitary sewers, storm sewers, water mains and streets as prepared by Mills Engineering Co. , said plans and specifications being incorporated herein by reference and made a part of this agreement. -2- • x RHL 7/10/69 NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the Village of the plat of Western Hills First Addition, Developer agrees as follows: 1. 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 following improvements: a) Street grading, graveling, stabilizing and surfacing; b) Curbs and gutters: c) Sanitary sewers; d) Municipal water facilities; e) Street lighting; f) Boulevard sod; g) Driveway surfacing; h) Street signs. 2. Developer agrees that all of the foregoing improvements shall equal or exceed Village standards, shall be constructed and installed in accordance with the requirements of applicable Village ordinances, standards and engineering specifica- tions, and that all of said work shall be subject to, the supervision of the Village Engineers. 3. .All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed Village standards and specifications, and shall be subject to the inspection and approval of the Village Council and the Village Engineers. In case any material or labor supplied shall be rejected by the Village Council or Village Engineers as defective or unsuitable, then 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 Village Council or Village Engineers -3- RHL 7/10/69 at the cost and expense of the Developer. 4. The Developer further agrees that it shall commence work hereunder on 70 or before !jZ _ 19 69, and shall have all work done and improve- ments fully completed to the satisfaction and approval of the Village Council on or before J_WAI4T , 7.__ The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the Village, in its discretion, may extend the date hereinbefore specified for completion. 5. Upon completion of the installation of said water and sanitary sewer facilities in accordance with the plans and specifications hereunder and the written approval by the Village of said installations, the Developer shall convey said facilities to the Village free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said water and sanitary sewer facilities, said facilities shall become the property of the Village without further notice or action on the part of either party hereto, other than acceptance. The Developer at its expense shall maintain and keep said facilities in good repair and working order for a period of 12 months following the written acceptance of said facilities by the Village. All water and sanitary sewer service charges shall at all times be billed by the Village and all revenues derived therefrom shall be the sole property of the Village. RHL 7/10/69 6. The Developer shall reimburse the Village for all costs, including reasonable engineering, legal and administrative expenses, incurred by the Village in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the Developer. 7. It is understood and agreed that the Village, the Village Council, and the agents and employees of the Village shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or sub -contractors, material men, laborers or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the per- formance and completion of the work and improvements hereunder; and that the Developer will save the Village, the Village Council, and the agents and employees of the Village harmless from any and all claims, damages, demands, actions or causes of action arising and the costs, disbursements and expenses of defending the s ame . 8. The Developer shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the Village unless a written order for such work or materials is received from the Village. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order Developer will make no claim for compensation for work or materials so done or furnished. -5- RHL 7/10/69 9. For the purpose of assuring to the Village that the streets, curbs and gutters, sanitary sewers, municipal water facilities, and storm and surface water facilities shall be constructed and installed according to the terms of this agree- ment and that the Developer shall pay all claims for work done and materials and supplies furnished for the performing of this agreement, Developer agrees to place in escrow with the Village the sum of One Hundred Sixty-eight Thousand Three Hundred and no/100 Dollars ($168, 300.00) (hereinafter referred to as the Escrow Deposit) , said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madsen, Inc. , as the Village Engineers, and as set forth in the report of said engineers to the Village Council dated ;-A, 1969, which report is incorporated herein by reference and made a part of this agree- ment. Said Escrow Deposit shall be established and administered in accordance with the following terms: a) Said Escrow Deposit shall be established forthwith in the Hutchinson Federal Sdvings and Loan Association, a United States corporation, of Hutchinson, Minnesota, in an un- restricted account in the name of the Village as owner of said deposit. The account passbook or other indicia of ownership thereof shall be delivered forthwith to the Village - and shall remain in the custody of the Village during the term of this agreement, and no withdrawals therefrom shall be permitted except upon written authority of the Village Council duly executed on its behalf by the Mayor and Clerk. b) Any earnings, benefit, interest or increase accruing on said account shall be the property of the Developer but shall be deposited in said account and shall be subject to the terms of this agreement. c) The Developer may withdraw sums from said Escrow Deposit for the purpose of making progress payments to contractors, subcontractors, material suppliers and workmen for work done and materials actually placed in said improvements. Said RHL • 7/10/69 withdrawals may be made only upon the written authority of the Village Council in each instance and only upon receipt by the Village Council of a certificate by the Village Engineers setting forth the actual value of work done and materials placed in said improvements. The amount of such withdrawals shall be limited to 90% of the actual work done and materials placed in said improvements. Withdrawals hereunder may be made by the Developer not more than once each month. Authority for the making of said withdrawals shall not be considered in any way an acceptance of any of the work or installation by the Village. d) The final balance of said Escrow Deposit shall be returned to the Developer within 12 months after compliance by the De- veloper of its obligation to install said improvements in accordance with this agreement and written acceptance of said improvements by the Village as having been satisfactorily in- stalled. e) In the event of the failure of the Developer to construct said improvements in accordance with this agreement, the Village, if it so elects and after 10 days written notice to the Developer, may cause any of said improvements to be constructed and may utilize said Escrow Deposit to defray the expense which the Village may incur in the construction thereof. In the event the Escrow Deposit is insufficient to cover the cost of said con- struction, the Village may assess the remaining cost as a. special assessment against the lands within the plat. 10. In the event the Village elects to construct and install storm and sur- face water drainage facilities in said plat and in the contiguous areas comprising the surface drainage system of the combined areas and assess the cost thereof as a special assessment against all benefited properties under the provisions of Chapter 429, Minnesota Statutes, the Developer, as a condition to the issuance by the Village of a building permit for each lot in said plat, agrees to pay in full such special assessment against each such lot. Provided however and in any event, all special assessments levied hereunder against premises within said plat shall be paid in full within 36 months after the adoption by the Village Council of a resolution RHL 7/10/69 approving the assessment roll„ or shall be paid in full 30 days prior to the maturity date of any temporary improvement bonds issued by the Village for the financing of said storm and surface water drainage improvement, whichever is first to occur. In the event the Village elects not to construct and install storm and surface Water drainage facilities in said plat and in the contiguous areas comprising the surface drainage system of the combined areas, the Developer agrees at its sole expense to construct and install within said plat such surface drainage facilities as the Village Engineers shall deem necessary. All such construction and installation shall be in accordance with plans and specifications approved by the Village Engineers, shall meet the quality standards required by this agreement, and shall be performed and shall be subject to the supervision of said Village Engineers. The Developer agrees that the Escrow Deposit shall serve as assurance to the Village that any special assessments levied hereunder shall be paid when due under the terms of this agreement; or alternatively, in the event said surface drainage facilities are to be installed by the Developer, that said installation and construction shall comply with all Village standards and with the requirements of this agreement. The Developer may withdraw funds from said Escrow Deposit for the purpose of paying any special assessments levied hereunder. 11. The Developer agrees to furnish, construct and install, at Developer's sole expense, the following improvements for the benefit of each lot within the plat: a) One outdoor post yard light to afford street lighting, to be installed and operated as specified by the Village Engineers. b) Boulevard sod which shall be of uniformly good quality. RHL 7/10/69 c) Driveway surfacing, the materials and installation of which shall be approved by the Village Engineers. For the purpose of assuring to the Village that the improvements re- quired by this Paragraph 11 shall be constructed and installed according to the requirements of this agreement, Developer agrees to deposit the sum of $150.00 per lot with the Village at the time application is made for a building permit for each lot. Said deposit shall be returned to the Developer upon approval of the installations by the Village. 12. Developer agrees to furnish and install, at Developer's sole expense, all street signs within the plat. Said signs shall be of a design approved by the Village and installed as specified by the Village Engineers. 13. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer or its agents. Reasonable access to all occupied houses within the subdivision shall be provided and main- tained by the Developer until the completed streets are accepted by the Village. 14. All work and materials performed and furnished hereunder by the De- veloper, its agents and subcontractors found by the Village to be defective within one year after acceptance by the Village shall be replaced by Developer at De- veloper's sole expense. 15. Breach of any terms of this agreement by the Developer shall be grounds for denial of building permits within the plat. 16. The Developer shall take out and maintain during the life of this agree- ment public liability and property damage insurance covering personal injury, in- cluding death, and claims for property damage which may arise out of the Developer's �E RHL 7/10/69 work or the work of his subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $_*® Cpenp for one person and _ for each accident; limits for property damage shall be $� r + _�� for each accident. The Village shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the Village. 17. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by -their duly authorized officers on the day and year first above written. In presence of: MY - WE '�M NO. -10- VILLAGE OF CHANHASSEN By Mayor and Cler and STATE OF MINNESOTA ) ss COUNTY OF CARVER ) On this / -4-1 , �ay of , 19 69 , before me, a Notary Public within and for said county, personally appeared Eugene A. Coulter and Adolph Tessness, to me personally known, who, being each by me duly sworn, did say that they are, respectively, the Mayor and Village Clerk of the Village of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and said Eugene A. Coulter and Adolph Tessness acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ss COUNTY OF CARVER ) 1" On this i Z day of -j LA_ L.- y , 1969, before m a Notary Public within and for said County, personally appeared b. LA r. L % A A& S 4�,) and Qzi_t4a,T? to me personally known, who, being each by me duly sworn did say that they are respectively the President and the _„ : �, ? 0 dCL43, of Hansen & Klingelhutz, Inc. , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf o said corporation by authority of its Board of Directors and said .14 and a �,,,_ ,+� 1C�.. �. -,. f��..-� acknowledged said instrument to be the free act and deed of said corporat on. , (�O N Ar OLP TESSNES$ IJota Public, Cary unty, iturnn. M� Ce Mission lixpiies Jalk,5, :197$ -11- AFFIRMATION HUTCHINSON FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States Corporation, of Hutchinson, Minnesota, named as depository in the foregoing agreement, hereby agrees to act in said capacity under the terms of said agree- ment. HUTCHINSON FEDERAL SAVINGS AND LOAN ASSOCIATION By Its PrPqidPnt � Dated this 15th day of _ Jsly 1969. 12- COUNTY OF CARVER CHASKA, MINNESOTA 55318 OFFICE OF C O U N T Y S U R V E Y OR OFFICE TELEPHONE: 448-3435 EXT.: 54 July 10, 1969 Village Council of Chanhassen Village Hall Chanhassen, Minnesota 55317 Ref: Plat of WESTERN HILLS FIRST ADDITION Section 12, T. 116 N., R. 23W JAMES A. LINDSEY County Surveyor Gentlemen: We have checked the referenced plat for mathematical closure and find that it complies with state law requirements.. Yours very truly, James A. Lindsey, P.E., L.S. County Surveyor cc: G. Coffin, surveyor JAL/maw IN RussELL H. LARSON ATTORNEY AT L-&w 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 July 10, 1969 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Re: Hansen & Klingelhutz, Inc. Western Hills First Addition Dear Adolph, Attached herewith you will find the original and four copies of the final draft of the development contract involving Western Hills First Addition. If this contract meets with Mr. Coulter's approval, please arrange to have it executed in the original and two copies by all parties as soon as possible. Please note the requirements relative to the escrow deposit and make the necessary arrangements with the developer to establish the escrow account in the name of the Village as prescribed in the agreement. This should be done immediately. Please make sufficient copies of this agreement so that all council- men can receive a copy, as well as two copies for the developer. If there are any questions, please call me. I will be available Saturda my presence is required. RHL:b cc Eugene A. Coulter for a closing on this contract if Russell H. Lars6n Chanhassen Village Attorney TELEPHONE 335 - 9565 WILLIAM D SCHO'ELL CARLI: SCHOELL & MADSON, INC. ENG ,EERS AND SURVEYORS '614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 July 9, 1969 The Village Council Village of Chanhassen c/o Mr. Adolph Tessness, Administrator Chanhassen, Minnesota 55317 Subject: Western Hills First Addition Required -.Improvements by Developer. Gentlemen: Pursuant to Paragraph 9.04 of the Subdivision Ordinance of the Village of Chanhassen, we have reviewed construction plans and specifications submitted by the developer of Western Hills First Addition, prepared by Mills Engineering. Co. and dated May 22, 1969. These plans provide for construction of the following required improvements to serve the subdivision: 1. Sanitary Sewers 2. Water Mains 3. Streets These plans and specifications are hereby approved for construction. Required improvements not included in the plans and specifica- tions submitted are: 4. Street Lighting 5. Boulevard Sod 6. Driveway Surfacing 7." Street Signs 8. Storm Sewers The Village Council July 9, 1969 Page 2 Estimated costs of required major improvements for purposes of determining the amount of developers performance escrow deposit are as follows: Sanitary Sewers $ 40,000 Municipal Water 33,000 Streets 30,000 Storm Sewer 30,000 Legal, Engineering, Administrative, etc. 20,000 TOTAL $153,000 Required escrow deposit - 110% = $168,300.00 In the event the Village elects to construct and install storm and surface water drainage facilities in said plat and contiguous areas comprising the surface drainage system of the combined areas and assess the cost thereof as a special assess- ment against benefitted properties the estimated costs of required major improvements for purposes of determining the amount of developers performance escrow deposit are as follows: Sanitary Sewer $ 40,000 Municipal Water 33,000 Streets 30,000 Storm Sewer 16,000 Legal, Engineering,.Administrative, etc. 18,000 TOTAL $137,000 Required escrow deposit - 110% = $150,700.00 Very truly yours, SCHOELL 8 MADSON, INC. WDSchoell:bk r� Descriptions for Hansen and Kling31hutz 6-9-69 in the Southwest 1/4 of Section 12-116-23 Tourihouse-Arartment ar)a B That part of the .�est half of the Vorthw.3st quarter of th Southwest quart ar of Section. 12, Township 116 North, Range 23 West of the 5th princi. pal m-ridian, dmscrib�id as follows: Beginning at th,-� Southwest corner of said past half Of the Northwest quarter of th-i Southwest quarter; thence North along the �.'est line of laic .eat half of the Northwest quarter of the southwest quarter to the North line of the South 62; feet of said mast half of the Northwest quarter of the Southwest quarter; thence ;net felon;- said .forth lin- £ distance of 430 feet; thence deflectinf- right 14° to a lin-z describee as follows: Ft�-f•inning zt the point of intersection of th, iIast lin-i of th- East 30 feet 0' Gnid Northwest quarter of the southwest ;uartPr with the South line of said Northwest c,uart�r of the Southwest quarter; thence north along said W-st lin- of the East 30 feet a eistanc-� of 361.(2 feot; thence alonf a tfngential curve to the lift hr-vinp c radius of 154`-'.3 feet nn(; central angle of 4.°42' a disteneQ of 126.76 f yet to a point of coml,olinc curve; thence along s tangential curve to th- right having a radius of Sao feet ; Cist<nc-� of 2�)0 f--�t, Fnc thar,-� --nding; thence Southerly along s&ic, lest-d3scrib e line to the ;south line of said North -list quarter of the Southwest quarter; th-rc�! !,Pest to the point of beginning. Townhouse ar �, A Th:,t ;,: rt of Tr:,ct L, %gist,�red Lane 3urv-y No. 32, fil.s of Regis- trr_r of :itj-- j, Count-: of Carver. 6,nsnribec as follows: Commencing nt th � Southwest corner o: the Northeast quarter of the Southwest quarter of Section 12, Towrs!,ip 116 North, i 7p 23 ast of th- 5th ?-.rincioal m,�ric ien; thence North alone the 74,i?t line of said Northeast quarter of the Southwest quart-r - dietaries o" 32 a.30 f11t , t.i:�mce mast pars 11 I with th , North lin, of sale Northeast quarter of the Southwest quarter (said Forth lin-) Minn assumed to h +ve ,3 herring of vast for purpos,? s of this descrip- tion) to Vie Foint of intersection with the et line oI' the ',lest 30 feet of sxie Northeast quart?r of the Southwest quarter, s,;ir point being th- roint of beginning of the prop-rt.,- baint., cescrib-c; thence N'Orth alone sale cast lin^ a distarc.- of 32.18 feat; trends along - tr npintial curve to the 1 eft hnvinp a racius of 1605.3 feet end central en€71 ' of 4°42' 1 eistnncp of 131.68 f�Pt to a point of cormrolincl curve; thence along a tanf ,'ntir t curv, to th? right having a racius of 530 fept and central angle of 39°45' F. eist.r-r:c- of 3r7,7C-fent to q point of compound curve; th-inca along e tPnFent;a,l curve to th i ri. ht h: ving a rc oius of 430 f,at and central angl- of 45°0610711 a eistance of 333.49 feat; th-ince Northeast Orly tanp3nt to list -said curve to a line hPr Anafter r3f -�rr�tc to is "Lin-' ", sP 1 c "Iir.a All being described as follows: Beginning at th,1 above_-(,escril, q, poirz of bapinnin�-; th--mce on a bearing of 'east e eistanc-i of 20C'.3'7 f3Pt; the-ncP t}: i,.or(81 .3st r: cistancP of 123.10 feet; th-nce North 221 �hst a distance of 73.0 f=iet; th price worth 13° sast a distance of 179.71 faPt; thence North 200 wast a cistanc-� of 1.3 ,.f.7 feet; thence North 400 Dist a distance of 142.48 feet to a point in a nont=nr-nt curvy concavj to the North-ast having a racius of 550 feet, a radial lin3 of said curv3 through said point bearinE North 61° F!.�st; thence Northwest•?rly along sf is curve throufh en angle of 19° & eistanoe of 1P?2.39 feet; thence North 101 West a eistrnc , of 2C0 `net, nnc. there-rdi.np; thence South; :�r st,rlySouthwest3rl- ed and :Jest tionf sr is 'Un-� A" to the point of beginning. , Transamerica Insurance OOMPBOY POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California does hereby make, constitute and appoint John B. Lang and J. D. Chandler and M. L. Lively each -of Minneapolis, Minnesota its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances or other written obligations in the nature thereof, as follows: Any and all bonds and under- takings for or on behalf of this Company, in its business and in accordance with its charter, and to bind TRANSAMERICA INSURANCE COMPANY then-l-v, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of in- demnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, surety and co -surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the Presi- dent, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person author- ized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimi- le to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed". IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 18th day of November 1g 63 Tr - �4[/FO By State of California ) County of Los Angeles j ss On this 18th day of November , 1963 , before me personally came T. M. Gregory to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Pasadena, State of California that he is a Vice -President of Transamerica Insurance Company, the Corporation described in and which exe- cuted the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corp— oration and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed �of�said corporation. FICIAL SEAL ip E.FCHURCH NOTARY PUBLIC -CALIFOTiB49 E. CHURCH, Notary Public PRINCIPAL OFFICE IN My Commission Expires Jul 1 , 1970. LOS ANGELES COUNTY Y 7 238 (7-66) (Over) MEMO TO: W. D. SCHOELL FROM: D. J. BOLL SUBJECT: CHANHASSEN - WESTERN HILLS FIRST ADDITION DATE: JUNE 19,-; 1969 Attended the pre -construction meeting this morning at the developers -office in Chanhassen -- Don Boll - Schoell 8 Madson, Inc., Village Engineers Wm. T. Mills - Mills Engineering, Developer's Engineer D. Hansen - Tom Klingelhutz, Developer Don Pfeiffer - Don. Anderson Co' , Excavation - Streets Lee ? - Northern Contracting Co., Sewer and Water Tentative Construction Schedule: -- Excavation - Start Mon., June-23, 1969 Rough grade Complete Wed., July 2, 1969 (67,000 yards) Sewer & Water - Start Wed., June 25, 1969 Completion approximately 8 weeks 8,21Q Lin. Ft. main line plus services Base for Streets - Approximately August 1, 1969 Bituminous - ?? cc: Mr. Adolph 1essness, Administrator Village of 'Chanhassen r FORM OF AGREEMENT Contract No® p THIS AGREEMENT made and signed this day ofL� 19_.1. by and between�� ingelhutz-- hereinafter called the Owner and rsrson Ezra+�o, �,,� T hereinafter called the ' Con ac .or- , "'"'m-"""•,-.�ao• THIS AGhEEMENT WUNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: .AR21CLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications indicated below under Article IV, as approved by the Owner for: :section C - Street Construction and Section D - Excavation, Western Hills :airat Addition and to do everything required by this agreement and the contract documents. ARTICLE II. The Contractor agrees that the work contemplated by this contract shall be fully and satisfactorily 0e7nn1AtAA before or.19 ARTICLE III, he ��e�r�a re�s�t(Del Rio Drive by Sept. !. 16) g v mnu une �ontr ctor ag e s to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of the Proposal Form hereto attached, which prices shall conform to those In the accepted Contractor's proposal on file in the office of the Owner the aggregate of which prices, based on the approximate of quantities, is estimated to be orP lump sump Monthly and final payment shalle�'Wde�as provided' ueneral Conditionso ARTICLE IV. The Contract Documents shall consist of the following component parts: 1. The Proposal Form (conformed copy) 2. seneral Conditions of the Specifications 39 Technical Specifications 4. Special Provisions (if any) 5:1 Plans and drawings which are attached to the Specifications or which are indentifInd as Sheets 1 to Western bills, Chanhassen. Minn. 6� Contract Performance Bond 7� This Agreement This agreement, together with the documents hereinabove mentioned, form the Contract, and all documents are as fully a part of the contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals as of the day and year first above written. (Seal) (Seal) NO SUL .. DON ANDERSON EXCAVATING COMPANY, INC. THE 1ETNA CASUALTY AND SURETY COMPANY Village Four and 90/100 Chanhassen Thirty Eight Thousand Nine Hundred Twenty 38,924.90 June 18, 69 Section C - Street Construction and Section D - Excavation, Western Hills First Addition. %to sea Jar 69 :;0VNTERSIGIVF�i q THE jffNA CASUALTY AND SURETY COMPANY Robert C. Kemmler, -���CIJj�1. 112 GG IC U1, d„=,e 69 Loner G. "WerFion ",de Bon Anderson Compw7 Inc* fffl/�`ffl Donald U. "rWer-on BR WO P. III Npt4r? Public Hennepin Count!► MW My Commission Expkes April 9.1972 151 Farmington Avenue THE )ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 212 South 6th Street Robert C. Kermnler James H. Waters Minneapolis, Minn. 55402 James H. Waters 212 South 6th Street, Minneapolis, Minn. 5540, The AEtna Casualty and Surety Company Hartford, Connecticut 06115 Power of Attorney and Certificate of Authority of Attorney (s) -in-Fact KNOW ALL MEN BY THESE PRESENTS, THAT The Etna Casualty and Surety Company, a corporation duly organized under the law; of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constitutes and appointed, and does by these presents make, constitute and appoint A. C. Stamf el, Robert C. Kemmler or Harold G. McEntire of Milwaukee, Wisconsin , its true and lawful Attorney(s), with full power and authority hereby conferred to sign execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument (s ) by his sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recog• nizance, or conditional undertaking, and any and all consents incident thereto and to bind The Etna Casualty and Surety Company, thereby as fully and to the same extent as if the same were signed by the duly authorized officer. - of The Etna Casualty and Surety Company, and all the acts of said Attorney(s), pursuant to the authority herein given, are hereby ratified and con. firmed. This appointment is made under and by authority of the following provisions of the By-laws of the Company which provisions are now in ful. force and effect and are the only applicable provisions of said By-laws. ARTICLE IV —Section 8. The President, any Vice President, or any Secretary may from time to time appoint Resident Vice Presidents, Resident Assistant Secre taries, Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authorit7 may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligator) in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such ap pointee and revoke the power and authority given him. ARTICLE IV —Section 10. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertakinj shall be valid and binding upon the Company when (a) signed by the President or a Vice President or by a Resident Vice President, pursuant to the powe. prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistan Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b', duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of au thority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Resolution voted by thi Board of Directors of The Etna Casualty and Surety Company at a meeting duly called and held on the 18th day of December, 1964. RESOLVED: That the signature of Guy E. Mann, Senior Vice President, or of A. H. Anderson, Vice President, or of D. N. Gage, Secretary, or of C. K Shaw, Secretary, or of N. H. Pfanstiel, Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relatinj thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and under takings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall bi valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upo.- the Cnrnnanv in the future with respect to anv bond or undertaking to which it is attached. June 16, 1969 TO: THE VILLAGE COUNCIL VILLAGE OF CHANHASSEN CHANHASSEN. MTNNESOTA Gentlemen: We, as majority property owners of Western Hills, will accept our share of the assessment for the installation of storm sewer line through Forcier Creek as per the proposal of the Village Engineer. Furthermore, we would accept assessment payment on a per lot basis to be paid as building permits would be taken out on each lot. The balance of the assessment would be paid in full at the end of a three year period. The assessment on unplatted portions would be deferred until the end of the three year period or until such time of platting and developing, in no case not later than three years. Yours very truly, HANSEN & KLINGELHUTZ CONSTRUCTION, Inc. By: Vezr ' Zr*��ti r SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HO.PKINS, MINNESOTA 55343 June 16, 1969 Village Council Village of Chanhassen c/o Mr. Adolph Tessness, Administrator Chanhassen, Minnesota 55317 Subject: Proposed Storm Sewers Western Hills Area. Gentlemen: On April 25, 1969, we reported to you on necessary provisions for surface water runoff in connection with the proposed develop- ment of a large tract known as Western Hills. The developer has indicated he will soon ask for final approval of a plat, Western Hills First Addition, consisting of some 60 lots in the south- eastern area of the large tract. This area makes up a large por- tion of the water shed referred to in our report of April 25, 1969 as drainage way.No. 1.- "Forcier Creek". Our comments and recommenda- -tion in that report pointed out the need for a storm sewer to handle the runoff generated by further development of land in the upper portions of the water shed. It is our understanding the developer of Western Hills has or will submit a petition to the council requestaaig. the Village to construct the required storm sewer as a public improvement and assess the cost against all benefitted property. This improvement would consist of storm sewers outside the proposed development as well as within its boundaries. Chanhassen Village Council Page 2 June 16, 1969 If the council intends to proceed with a public hearing on this improvement we will prepare a report for the.hearing giving an estimated cost per square foot assessed and a detailed analysis of the area to be assessed. For purposes of a notice of public hearing the estimated cost of the improvement is $55,000.00 and the area proposed to be assessed is:., -.All or portions of the following described lots, parcels or tracts, all in the Village of Chanhassen, Carver County: Lots 17, 18, 19 and 20, Auditor's Subdivision No.'2; Lots 1 through 7 inclusive, Block 1, Highland Park; Lots 1-through 7 inclusive, Block 1, and.Lots 11 through 14 inclusive', Block 4, Scholer's 2nd Addition to Chanhassen; Lots 1 through 13 inclusive, Block 1, and Lots 1 through 8 inclusive, Block 2, Western Hills; That part of Government Lot 5, Section 12, Township 116, Range 23 lying south of Sunrise Hills lst Addition and south of'Sunrise Hills 2nd Addition; r, The East Half of the Northwest Quarter of the Southwest Quarter and the South 320 feet of the East Half of the Southwest Quarter of the Northwest Quarter, all in Section 12, Township 116, Range 23; That part of the Northeast Quarter of the SouthWe-st Quarter of Section 12, Township 116, Range 23 lying north and west of.Western Hills. A sketch (6304-1) attabhed delineates the properti6s described above. Very truly yours, SCHOELL & MADSON, INC. A10 a4c�� WDSchoell:bk attachment `ViIL-'ge o f Cltanliaj-4en Box 147 Ckanlia,wn, .Vinnewa 55317 Ze`ephone: 474-5020 • Wm. Schneider Carver County Auditor Chaska, Minnesota 55318 3 May 29, 1969 41 This is to certify to you that on May 19, 1969 the Chanhassen Village Council, on a motion removed 1 sewer and one water assessment on the Western Hills Addition project 1967-4. The plate number is 242-0, Reg. Land survey #32, Tract B. #6. Will you please remove these assessments from the assessment roll. Certified by, _ , 11 1 Adolph Tessness Clerk -administrator Kaq Klingelhutz Treasurer -deputy clerk Mte lasteit jCrotving Suburb .fin 071te Sout1tweat RITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANH BUILDING MINNEAPOLIS, MINNESOTA 55402 '17ansen & Klingelhutx, Inc. Chanhassen, Yinnesota 55313 Re: Rezoning °'-extern Fills Preliminary Plat dated 1v.:.arch 31, 19 Gentle ,en: TELEPHONE 335-9565 I will need -. exact legal description of the properties which are to be rezoned in your preliminary plat from Farm District to Residence District "C" and from Farm Residence District to Residence District "A. These lands were the subject of the rezoning hearing on koril 28th, as indicated In the attached-:otice , but the description in the notice i : not adequate for my purposes in drafting the ordinance. Your early attentio-i to this will appreciated so that thie atter can be c'- apleted , Alery truly yours, ,ussell H. Larson Chanhasse:: Village Attorney RI-IL:b cc Adolph Tessness (Official Publication) VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PRELIMINARY PLAT AND REZONING "WESTERN HILLS" PRELIMINARY PLAT DATED MARCH 31, 1969. NOTICE IS HEREBY GIVEN That the Planning Commission of the Village of Chan-. hassen, Minnesota, will meet on Monday. the 28th day of April, 1969. at 8:00 p.m. at the Village Hall in said Village for the purpose of holding a public hearing on proposed rezoning in the Village as follows: I. To rezone the following described land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as -de- fined in Chanhassen Township Ordinance No. l as amended: A portion of Tract D, Registered Land Survey No. 32 and a portion of the South 4: of the East 1e of the Southwest Quarter of the Northwest Quarter. Sec- tion 12, Township 116, Range 23, Carver County, Minnesota. 2. To rezone the following described land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "A" as de- fined in Chanhassen Township Ordinance No. 1 as amended: All of Tracts B and C and a portion of Tract D. Registered Land Survey No. 32, and a portion of the East 1/z of Northwest Quarter of Southwest Quarter. all of the East 1h of Southwest Quarter of Northwest Quarter, and a portion of the Northwest Quarter of the Northwest Quarter. Section 12, Township 116. Range 23. Carver County, Minnesota. NOTICE IS FURTHER GIVEN that the Planning Commission will meet at said time and place for the purpose of holding a public hearing on a proposed preliminary plat known as Western Hills and involving the above described tracts of land. A map showing said proposed preliminary plat and proposed rezoning is available for inspection at the Village Hall. All persons interested may appear and be heard at said time and place. Dated: April 14, 1969 BY ORDER OF THE PLANNING COM MISSION ADOLPH TESSNESS. Clerk -Administrator [April 17 & 24, 19691—E-C.Co. CHANHASSEN CHAMBER OF COMMERCE CHANHASSEN, MINNESOTA 55317 May 5, 1969 Honorable Mayor Coulter Members of the Village Council Village of Chanhassen, Minnesota Gentlemen: At the March 25, 1969 meeting of the Chanhassen Chamber of Commerce, the members passed a resolution endorsing the Hansen & Klingelhutz "Western Hills" subdivision development and urged that the Village Council approve the plat. In viewing the plat and hearing the presentation, the Chamber of Commerce realized that the approval of the plat would open up lands for high grade residential development, which would include municipal water and sewer. We believe that future housing developments should be conditioned upon the availability of municipal water and sewer. The Chamber of Commerce wishes to congratulate the Village Council on their policy of preparing engineering studies to determine the costs of extending municipal facilities to areas in need of these benefits. After receiving the engineering estimates, the Village Council should make every effort to provide water and sewer to the areas in need and to assess the costs against the benefited properties, provided that a majority of the benefited landowners join in the request for the municipal facilities. In regard to the Western Hills development, we realize that there is an immediate problem with regard to a road that is being built on a spur or culdesac. We encourage the Village Council to make an engineer- ing study to determine whether this spur could be extended to a main road connecting with the west onto County Road #17. The Village Council is in a position to purchase land or obtain an easement through the private property. Said costs of completion of the road to County Road #17 could again be assessed to the benefited property owners if it is the determination of the Village Council that this is not an obligation of the Village of Chanhassen. It should be considered that at present, we have a limited number of building sites available for development in areas wherein water and sewer facilities are possible. Failure to grant approval of the Western Hills subdivision would restrict immediate expansion of the Village residential development to a small number of homes on the eastern edge of the Village. The southwest quadrant of the metropolitan area includes the Village of Chanhassen. If the metropolitan growth is to expand to 4 million persons by the year 21,0003, we feel that the Village Council should accept the responsibility of expanding the water and sewer facilities and the village road system to encourage high grade development, such as is being proposed by Hansen & Klingelhutz Construction, Inc. Very truly yours, B. F. Schneider, President Chanhassen Chamber of Commerce Village of CItanItaijen Box 147 L'laanliaaaen, ✓ htneJola 55317 Zelepltone: 474-M20 8885 May 1, 1969 To: Mayor and Councilmen From: Administrator Subject: Western Hills The proposed preliminary plat has been submitted and approved by the Park and Recreation Commission and Industrial Commission also was shown and explained to the Chamber of Commerce which voiced its approval of said plat. The Planning Commission has followed the Platting Ordinance from the point of discussion on the preliminary sketch plan through the public hearing as stated in the Platting Ordinance. You will note included with the material I am submitting to the Council at this time a report from the Village Engineer on the plat itself also a report from the Village Engineer on the storm sewer areas outside of the plat. As you will read by the minutes of the Planning Commission, there were a number of people from Sunrise Hills objecting to the traffic problems that may arise from the lots that are on the west extension of Lake Street. This may cause some added traffic as these residents have noted but I feel that the Council should note that there is one additional egress from the Sunrise area continuing down to Kerber Drive which does help the problem that does exist at this time with only one entrance to the area. There are three future extensions to the west that I feel will more than solve any unusually high traffic problems that may exist if there were no future extensions possible. AT: jm Enc . Sincerely, Adolph `i'essness Clerk -Administrator U/ie `3aateat dcrowinrg Suburb .9n ?7/te Southwest ti i. z: of aaanLs-un PLANNING COMMISSION Carver County Chanhassen, Minnesota 55317 April 30, 1969 To: Mayor and Councilmen From: Planning Commission Subject: Plat and rezoning of "Western Hills". The Planning Commission on April 28,.1969, held the public hearing on the above mentioned plat according to the Platting Ordinance No. 33, this brings the procedure for platting to Section 6.01 (g) of said ordinance, "the Planning Commission to make its report and action to the Village Council." You have received the minutes of the April 28, 1969, public hearing. We do submit the action of a special meeting held after the hearing with the changes recommended by this commission and the variances requested by the developer. A map is enclosed of -Sunrise Hills showing the home locations of the petition signers. Said map was prepared under this writers direction. Very truly yours, a A. G. Barnacle'?' Chairman, Planning Commission AB:jm Enc. f­' PLANNING COMMISSION MEETING APRIL 28, 1969 n Chairman Al Barnacle called the special Planning Commission meeting to order at 10:30 p.m., April 28, 1969. A motion was made by Dean Scheff and seconded by Anne Neils to submit the Western Hills plat to the Council for approval with the following recommendations: 1. Lots 1 - 6, Block 3 be reduced to five lots, four to be 100 foot frontage and corner lot 120 feet. Villag-e to refund one sewer and water assessment. 2. Recommend temporary cul-de-sacs at ends of Del Rio Drive, Saratoga Drive, Lake Street, and E1 Paso Trail. 3. Major drainage easements across rear lots of Block 2 be 20 feet. 4. Intersection of Lotus Lane and Highland Drive will be drained south on Lotus Lane as drainage plan indicates. 5. Council hold a storm sewer hearing on the Forcier Creek as recommended by Engineer in letter dated April 25, 1969. 6. Sunrise Hills Watershed Creek - The Engineer's recommendation in letter dated April 25 be followed to wit: Village Engineer to design controlled outlet to be constructed at -the developers expense at the time they install storm sewers in Tract A. 7. South Carver Beach Creek - Accept the Engineer's recommendation in letter dated April 25, that no improvement is needed at this time. 8. No more than 50% of the lots in Tract A can be built upon until Lake S et and/or El Paso Trail has another method of egress or Tracts B and C are 75% developed in single amily dwellings. 9. Recommend Tract A in Block 4 and Tract B in Block 7 be rezoned to Residence District C. The remaining lands to be rezoned to Residence District A. With the further understanding that densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the Planned Unit Developments on said Tracts A and B. 10. Recommend that the Council accept dedication of the 10.6 acre tract identified as park on preliminary plan dated March 25, 1969, and revised March 31, 1969, and that this dedication thereby fulfills the developers obligation under Ordinance #14. 11. Collector Streets - 60 foot right-of-way with 36 feet of blacktop and 40 foot setback of house instead of 30 foot setback and 80 foot right-of-way. 12. Recommend a variance of 150 feet on Long View Circle. Ordinance calls for maximum cul-de-sac length of 500 feet, Long View Circle is 650 feet. The following votes were cast: Harry. Pauly - yes, Bob Scholer - yes, �) Anne Neils - yes, Dean Scheff - yes, Al Barnacle - no. Motion carried. A motion was made by Dean Scheff and seconded by Anne Neils to adjourn. Meeting adjourned at 12:45 a.m. Jean Meuwissen Barr,--F t . - ---- —r f. 0 ! Sew-�-•�--=z/�l /`� j _ PLANNING COMMISSION MEETING APRIL 28, 1969 Chairman Al Barnacle called the special Planning Commission meeting to order at 10:30 p.m., April 28, 1969. A motion was made by Dean Scheff and seconded by Anne Neils to submit the Western Hills plat to the Council for approval with the following recommendations: 1. Lots 1 - 6, Block 3 be reduced to five lots, four to be 100 foot frontage and corner lot 120 feet. Village to refund one sewer and water assessment. 2. Recommend teihporary cul-de-sacs at ends of Del Rio Drive, Saratoga Drive, Lake Street, and El Paso Trail. 3. Major drainage easements across rear lots of Block 2 be 20 feet. 4. Intersection of Lotus Lane and Highland Drive will be drained south on Lotus Lane as drainage plan indicates. 5. Council hold a storm sewer hearing on the Forcier Creek as recommended by Engineer in letter dated April 25, 1969. 6. Sunrise Hills Watershed Creek - The Engineer's recommendation in letter dated April 25 be followed to wit: Village Engineer to design controlled outlet to be constructed at the developers expense at the time they install storm sewers in Tract A. 7. South Carver Beach Creek - Accept the Engineer's recommendation in letter dated April 25, that no improvement is needed at this time. 8. No more than 50% of the lots in Tract A can be built upon until Lake Street and/or El Paso Trail has another method of egress or Tracts B and C are 75% developed in single family dwellings. 9. Recommend Tract A in Block 4 and Tract B in Block 7 be rezoned to Residence District C. The remaining lands to be rezoned to Residence District A. With the further understanding that densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the Planned Unit Developments on said Tracts A ' and B. 10. Recommend that the Council accept dedication of the 10.6 acre tract identified as park on preliminary plan dated March 25, 1969, and revised March 31, 1969, and that this dedication thereby fulfills the developers obligation under Ordinance #14. 11. Collector Streets - 60 foot right-of-way with 36 feet of blacktop and 40 foot setback of house instead of 30 foot setback and 80 foot right-of-way. 12. Recommend a variance of 150 feet on Lone View Circle. Ordinance calls for maximum cul-de-sac length of 500 feet, Long View Circle is 650 feet. The"following votes were cast: Harry Pauly - yes, Bob Scholer - yes, .Anne Neils - yes, Dean Scheff - yes, Al Barnacle - no. Motion .carried. A motion was made by Dean'Scheff and seconded by Anne Neils to adjourn. Meeting adjourned at 12:45 a.m. Jean Meuwissen Secretary PUBLIC HEARING WESTERN HILLS PRELIMINARY PLAT M APRIL 28, 1969 The public hearing was called to order by Chairman Al Barnacle. The following members were present: Bob Scholer, Harry Pauly, Al Barnacle, Dean Scheff, and Anne Neils. John Neveaux and Nick Waritz were absent. The Administrator read the official publication of the hearing. The Chairman explained the duties of the Planning Commission and that the Planning Commission will make recommendations to the Council so that the Council can make a final judgment. .- Jim Morrison, Sunrise Hills, stated he was not familiar with the plan and would like to have it explained. Herb Baldwin, Hansen and Klingelhutz Landscape Architect, explained the proposed plat in detail. The average lot is'90 feet by 140 feet. Total acreage is 94 acres with 10.6 acres in park, 12.0 acres in streets, 57.2 acres in single family homes, and 14.2 acres in townhouses and apartments. The townhouses will be 1500 to 2200 square feet with two car interior parking space for each townhouse. There are 34 townhouses in Parcel A, 34 townhouses in Parcel B and 36 apartment units in Parcel B.- Streets are private in townhouse area. George Beniek, Highland Park, asked where the exact boundary lines are for this proposed plat. Mr. Baldwin explained the area involved in relation to existing subdivisions. Pat Kerber asked about right-of-way width on street between Kerber Drive and Lotus Lane. Al Barnacle stated this would be a collector street with 80 foot right-of-way and 36 feet of blacktop. The existing two streets have 28 feet of blacktop. He stated Hansen and.Klingelhutz have asked for a variance to continue with 60 foot right-of-way with 28 feet of blacktop. Mr. Don Boll,, Schoell and Madson, read the engineer's letter of April 7 as follows: "Subject, Review of Preliminary Plat, Western Hills 1st Addition. We have reviewed preliminary plans for streets, water system, sanitary and storm sewers for the subject proposed plat. We have found them to meet or exceed all design standards required to provide these services and utilities to the property as well as to adjacent properties which will be served by extensions of these facilities. These plans are preliminary and detail constructic plans will have to be submitted for approval prior to any construction. Construction could be divided into three or more phases although the.developer has not as yet suggested phasing the development. Easements. Temporary turn -around easements should be provided at ends of streets expected to be extended into adjacent properties. Drainage easements across rear of lots abutting on major drainage ways should be at least 20 feet in width. Easements where sanitary sewer is to be placed should be at least 15 feet in width. Street Right -of -Way. Cul-de-sacs are shown as 100 feet in diameter. .the Platting Ordinance calls for 120 foot diameters. Lotus Lane and Lake Street should -be considered as Collector Streets and increased to 80 foot width per the Platting Ordinance." Public Hearing, April 28, 1969 -2- He also read the engineer's letter of April 25, 1969, as follows: "Subject, Necessary Provisions for Surface Runoff Proposed Plat of Western Hills. As reported earlier, we have studied the preliminary plans for facilities to handle storm and surface waters in the proposed plat of Western Hills. The proposed storm sewers will adequately serve the area in the plat and some additional areas to the south and west of the plat. The proposed drainage systems empty into three separate drainage ways to the north and east of the proposed plat. These "creeks" discharge into Lotus Lake. Persons familiar with the area have indicated these creeks are wet -dry creeks carrying storm and spring runoff waters rather than continuous flowing. The developer has proposed a three-phase program for development, the first phase being the southeast portion of the area.with subsequent phases being located to the northwest. The three drainage ways are: No. 1 - Forcier Creek This waterway or ditch originates in the southern portion of the proposed plat. The developer has proposed to construct storm sewers v7ithin the plat in this area which would discharge in this waterway at the east line of the plat. The drainage area above this point is approximately 55 acres, generating up to 50 cubic feet per second of storm water discharge. This volume of water will aggrevate the erosion.problems already existing between the east line of the plat and Lake Street below. The ditch is quite close to, and could endanger an existing dwelling (Forcier) in this area. RECOMMENDATION: An adequate storm sewer pipe should be extended from the east line of the plat down to and under Lake Street. In addition, the new storm sewer pipe will have to be installed under Lake Street, since the existing 36" culvert there will not be adequate alone. The latter can continue to serve local gutter drainage along Lake Street. No. 2 Sunrise Hills Creek This waterway or ditch originates at the east end of the pond which lies partly within this proposed plat. The portion of this waterway between the east line of the proposed plat and Lake Street is a rugged unimproved ditch in which sanitary sewer was constructed in 1968.. It will take some time for the construction scars to "heal up". It is felt that with some preventive maintenance and the impoundment of water provided by the pond, including a controlled outlet structure, this waterway should not cause major problems as a result of development'of the upstream areas. Future storm sewers and runoff should be directed into the pond rather than into the ditch. The 48" culvert under Lake Street at the foot of this ditch is adequate. From Lake Street to Lotus Lake a 12" pipe underground carries low flows and a wide sodded swale carries heavier overflows to the lake satisfactorily. No. 3 - South Carver Beach Creek This waterway or ditch runs easterly to Lotus Lake draining an area roughly north of the proposed Western Hills and Sunrise Hills, south of Carver Beach and east of County Road [k). 17. rt.i-:s 1;� gkilLm a broad valley with a meandering "creek". It does have a narrower Sullied area at its upstream end near the northwest corner of the proposed plat. Proposed storm sewers outletting into this drainage way are not expected to create any additional problems. Eventual total development of the drainage area may require some improvements in portions nf the waterway." Public Hearing, April 28, 1969 -3- jim Morrison asked about the water draining from the field onto Highland:Drive and down onto Lake Street which "is washing gravel onto Lake Street also the water freezer and makes this intersection slippery. Mr. Bill Mills, Hansen and Klingelhutz Engineer, stated this area will drain to Forcier Creek and the platting of this area will not add to the problem. k Russell Larson, Sunrise Hills, questioned the water drainage onto Lotus Lane. Tom Klingelhutz stated they will not grade any land in a way that will contribute any more water down Lotus Lane. Ward Passe, Sunrise Hills, asked if Planning Commission recommendations will go to the Council with only one hearing. Al Barnacle answered yes. Jim Morrison stated Tract A has approximately 49 lots which would mean 98 cars. He moved to - the area to be free of traffic. The traffic should be taken out of Tract A another way. Mrs. Giles Courtney, Sunrise Hills, asked if Kerber Drive could be extended into Tract A to divert traffic. Mr. Baldwin stated there .was a deep ravine to the north and extending the road through that area would not be feasible. Ward Passe asked if the safety of children was taken into consideration? Mr. Baldwin answered yes. Russell Larson asked if Hansen and Klingelhutz have plans for order of development. His question was answered, Tract C would be the first area to be developed. Betty Kelly, Sunrise Hills, asked if an easement through Ecklund and Swedlund property could be obtained to build in Tract A so that trucks could go through to County Road 17. Russell Larson asked the Planning Commission to consider that the development of Tract A be deferred until Ecklund and Swedlund develop their area so that traffic.can come in through Ecklund and Swedlund Subdivision. Mr. Harroun, Attorney for Hansen and Klingelhutz, dtated they would not be willing to subject our land to that kind of servitude in favor of Ecklund and Swedlund whereby neither we nor the Village would have any right to determine when we could build in Tract A. That decision would be in the hands of a third party under whom neither we nor the Village would have any control. Ecklund and Swedlund could wait 50 years before developing. Mr. Michael Walsh, Scholer's Second Addition, asked if a projected traffic study from the townhouse area had been made when area is .fully developed. It was requested that the developers make a traffic pattern study on Lotus Lane. Ward Passe. asked do we who live in in Sunrise Hills area have the right to protect our area or don't we have that right? Bob Scholer answered yes, but not unreasonably so to stop further development. Public Hearing, April 28, 1969 -4- Stan Tarnowski, Auditor's Subdivision #2, stated he thought the plat is very good. The new road into Sunrise Hills will eliminate - traffic on Lake Street. Ed Seim, speaking as a private citizen, felt this plan has followed the right course of action. He also stated it is the most beautiful plan he has seen�in this area. He stated the prople here .are being narrow minded in their thinking of no further development. If you want that you should have built on a cul-de-sac. This development comes closer to meeting the needs of the Village than any plat thus far. John Brost, presently building a home in Western Hills, stated the traffic study would be a waste of time because you do not know where people will work. Russell Larson stated he has two concerns. Drainage on Lotus Lane and traffic out of Tract A. He finds the layout very good if these two problems can be solved. Ward Passe presented a petition signed by some of the residents of Sunrise Hills: "We, concerned citizens, wish to express our objections to the proposed plat of Western Hills, second addition. Specifically, the inconsiderate extension of the Lake Street "dead end", and the environmental change this will bring to an established neighborhood. /s/ Theresa Erickson, Kenneth Erickson, Irene Scott, F. D. Scott, Helen Morrison, Jim Morrison, Phyllis Patterson, D. R. Bakke, Evelyn Bakke, E. G. Newton, Marlene Newton, Robert Smith, Virginia Smith, Stephen Bucol, Dolores Bucol, Stuart Baird, G. L. Courtney, Lorene Courtney, Jean Barrett, Jim Waletski, Ann Passe, Kathryn Kanter, Alan Kanter, Ward Passe, Dave Halverson, Barbara Halverson, Robert Burke, Darlene Huseth, Don Huseth, Joan Burke, J. E. Willoughby, Jan Willoughby; Mary Joyce Schoening, Jerry Van Gundy, Gail Van Gundy, Audrey Perrin, Frank Perrin, L. Wallad, Norma Wallad." Jim Morrison asked if the park is to be public. He was answered yes. Chairman Al Barnacle closed the public hearing at 10:15 p.m. CHANHASSEN VILLAGE COUNCIL MEETING MAY 5, 1969 The Chanhassen Village Council meeting on May 5, 1969, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Klingelhutz, Pearson, Hill, and Bennyhoff .- Y7ESTERN HILLS PRELIMINARY PLAT: Mr. Ward Passe explained to the Council his feelings- and concern on the traffic that Tract A of the proposed preliminary plat would generate past his home on Lake Street. Mr. Allyn Johnson, Don Schoening, Mr. and Mrs. Scott, and Mrs. Erickson also expressed their concern about the traffic both residential and construction that would occur on Lake Street. Mr.. Bernard Schneider, President Chanhassen Chamber of Commerce, read the following letter: "At the March 25, 1969, meeting of the Chanhassen Chamber of Commerce, the members passed a resolution endorsing the . Hansen & Klingelhutz "Western Hills" subdivision development and urged that the Village Council approve the plat. In viewing the plat and hearing the presentation, the Chamber of Commerce realized that the 7pproval of the plat would open up lands for high grade residential development, which would include municipal water and sewer. We believe that future housing developments should be conditioned upon the availability of municipal water and sewer. The Chamber of Commerce wishes to congratulate the Village Council on their policy of preparing engineering studies to determine the costs of extending municipal facilities to areas in need of these benefits. After receiving the engineering estimates, the Village Council should make =eery effort to provide water and sewer to the areas in need and to assess the costs against the benefited properties, provided that.a. majority of the benefited landowners join in the request for the municipal facilities. In regard to the Western Hills development, we realize that there is an immediate problem with regard to a road that is being built on a spur or cul-de-sac. We encourage the Village Council to make an engineering study to determine whether. this spur could be extended to a main road connecting with the west onto County Road #17. The Village Council is in a position to purchase land or obtain an.easement through the private property. Said costs of completion of the road to County Road #17 could again be assessed to the benefited property owners if it is the determination of the �iiVl.age Council that this is not an obligation of the Village of Chanhassen. It should be considered that at present, we have a limited number of building sites available for development in areas wherein water and sewer facilities are possible. Failure to grant approval of the Western Hills subdivision would restrict immediate expansion of the Village residential development to a small number of homes on the eastern edge of the Village. The southwest quadrant o= the metropolitan area includes.the Village of Chanhassen. If the metropolitan growth is to expand to 4 million persons by the year 2,000, we feel that the Village Council should accept the responsibility of expanding the water and.sewer facilities and the ,i,.illage road system to encourage high grade development, such as is being proposed by Hansen and Klingelhutz Construction, Inc." Mr.' -Stan Tarnowski stated that he did not feel there would be an undue amount of traffic and that progress was something the people i this area must become more receptive to. I Sally deLancey stated I feel that the Planning Commission has submitted a list of recommendations and feel that with the amount of consideration that has been given to the miscellaneous problems that the Council should approve the Planning Commission's recommendations. FIr. Al Barnacle explained the reason he voted no at the Planning Commission meeting on the proposed plat. Reason was he was concerned that all of the information on this preliminary plat could be presented to the Council to give them sufficient time to study so that they could make a decision at this meeting. Councilman Pearson.suggested that Tract A of the proposed plat not be allowed any development before Spring of 1971. Attorney Larson stated that Councilman Klingelhutz has no conflict of interest on this proposed plat. A motion was made by Councilman Hill and seconded by Councilman Pearson to.rezone-Tract A in -Block 4 and Tract B in Block 7 to Residence District C. With the further understanding that the densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the planned developments on said Tracts A and B. The remaining of the lands to be rezoned to Residence District A. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson that a variance from. Ordinance No. 33 be granted for the, -:,.,- collector Streets to a 60 foot right-of-way with a 36 foot blacktop surface and a 40 foot building setback line. Also a variance of 150 feet on Long View _Circle from the maximum length stated in x Ordinance No. 33. The following voted in favor thereof: Mayor Coulter, Councilmen Hill-Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff that the Council approve the preliminary plat submitted by Hansen and Klingelhutz dated March 25 and revised March 31, 1969, with the following items as listed: 1. ,Lots 1-6, Block 3, be reduced to five lots, four lots to be 100 foot frontage and the corner lot to be 120 feet. The Village to refund one water and sewer assessment. 2. Temporary -cul-de-sacs be installed at the ends of Del Rio Drive, Saratoga Drive, Lake Street, and E1 Paso Trail. 3. Major drainage easements across rear lots of Block 2 be 20 feet. 4. The intersection of Lotus Lane and Highland Drive will be drained south on Lotus Lane as the drainage plan indicates. S. Sunrise Hills Watershed Creek (2). The Engineer's recommendation in letter dated April 25, 1969, be followed to wit: Village Engineer to design a control outlet to be constructed at the developers expense at the time they install storm sewers in Tract A. Z. South Carver Beach Creek (3). Accept Engineer's recommendation in letter dated April 25, 1969, that no improvement is needed -at this time. 7. Accept the dedication of a 10.6 acre tract identified as park_' on the preliminary plat and that this dedication thereby fulfills the developers obligation under Ordinance No. 14. •�1 Council Minutes, May 5, -j69 -3- 8: That there be no construction allowed in Tract A until another method of egress to serve the area has been approved by the Council. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. SUNRISE HILLS THIRD ADDITION: Robert Scholer read the following statement to the Council: " I am hereby requesting time on your agenda of May 5, 1969, to, ask for reconsideration and approval of the proposed Sunrise Hills Third Addition, comprised of lots 4,5, 6; and 7, Block 2, Sunrise Hills Second Addition. I will agree, as your=E-ngineer has -suggested.. to pay one additional water assessment of $506.04 in cash, for -the one additional lot created upon final approval of the plat. The $250.00 unit charge would be paid upon the connection to a new home. The Village should bring one service lead with curb box to the property line, as has been done for other lots in the Subdivision carrying the same assessment. I will further agree to pair $1,068.68 in cash for the sanitary sewer assessment for the one additional lot created. Again the $250.00 unit charge would be paid upon application for connection to a home. Under this arrangement the Village would be expected to assume responsibility for extension of the sanitary sewer along the back line of Lot 5. Xf-the.Council pleases, I am agreeable to the alternate suggestion by the Engineer, that is: assume the responsibility myself for extending the sanitary sewer line across the back of Lot 5. In this situation there would be no additional unit assessment for the one additional lot created but only a $250.00 connection charge." firs. Courtney, Mr. Ralph Thrane, and Mr. Ward Passe stated that they would not object to this proposed replatting. The.Village Attorney stated that before a decision would be made it would require a new hearing as per Ordinance #33. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz that the Council reconsider its motion of November 18, 1966, and approve the replatting of said preliminary plat. The following votes were cast: Councilman Pearson - no, Councilman Hill - no; Councilman Klingelhutz - yes, Mayor Coulter,- yes, Councilman Bennyhoff -.yes. Motion carried. Robert Scholer stated that he was willing to accept the Attorney's decision on the necessity for a new hearing and stand any such costs incurred if this became necessary. 66-2 WELL: The Village Engineer gave a report on the pump house for the new well and the connection to the municipal system. .A motion was made by Councilman Hill and seconded by Councilman ennyhoff that notice is hereby given that sealed bids, in duplicate, .will be received in the office of the Village Administrator, Village Hall, Chanhassen, Minnesota, at 2:00 p.m. local time, May 27, 1969, and then publicly opexied by the Village Administrator and Engineer, tabulated and considered by the Village Council on June 3, 1969, in the Council Chambers, for the construction of a 28 foot by 16 foot Western Hills Plat, Public Hearing April 28, 1969 Notices sent to the following: Bernard Kerber - Chanhassen Ecklund and Swedlund Const. - Highway 07 and County Road 5, Excelsior Frank Moulton - 2883 Holmes Avenue South, Minneapolis Silas Pellar - Route #7, Box 714, Excelsior Robert Scholer - Chanhassen Harold Kerber - Chanhassen Ed Newton - Route #4, Sunrise Hills, Excelsior Patrick Kerber - Chanhassen Donald Huseth - Route #4, Sunrise Hills, Excelsior Jerry Van Gundy - Route #4, Sunrise Hills, Excelsior Howard Meuwissen - Chanhassen Ted Kelly - Chanhassen Frank Perrin - Route #4, Sunrise Hills, Excelsior P. Jensen etal, c/o Wm. Bina, Dain Company, 110 South 6th Street, Mpls. Stan Tarnowski, Chanhassen Glenn Mattson - Chanhassen Hubert Forcier - Chanhassen William Bongard - Route #5, Box 149, Excelsior Albin Olson - Chanhassen John.Yager - Chanhassen Bonn Clayton - Chanhassen Willis Nelson - Chanhassen George Beniek - Chanhassen Ray Dietz - Chanhassen Ray Schulz - Chanhassen Bobby Phillips - Chanhassen Richard Beckstrom - Chanhassen Thomas Faust - Chanhassen Michael Walsh - Chanhassen School District #112 - Chanhassen Al Barnacle - Route #7, Box 702, Excelsior, Minnesota Hibbert Hill - Route #7, Box 712, Excelsior Louis Vraspir - 4732 Baker Road, Minnetonka Arden Hippen - Chanhassen Teunis DeJoode - Box 125, Chanhassen SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 April 25, 1359 Planning Go.ssion Village of Chanhassen c/o Mr. Adolph Tessness, Clerk -Administrator Village stall Chanhassen, Minnesota 55317 Subject: Necessary provisions for Surface Runoff Proposed Pat of Western hills Gentlemen As reported earlier, we have studied the preliminary plans for facilities to handle storm and surface waters in the pro- posed plat of Western Hills. The proposed storan sewers will adequately serve the area in the plat said some additional areas to the south afiid west of the plat. The proposed drainage systems empty into three separate drainage ways to the north and east of the proposed plat. These "creeks" discharge into Lotus Lake. Persons familiar with the area have indicated these creeks are wet -dry creeks carrying storm and spring runoff waters rather than continuous flowing. The developer has proposed a three-phase program for devel- opment, the first phase being the southeast portion of the area with subsequent phases being located to the northwest. 11 Chanhassen Planning Commission Page 2 April 25, 1969 The three drainage ways are: No. 1 -- "porcier Creek" This waterway or ditch originates in the southern portion of the proposed plat. The developer has proposed to construct storm sewers within the plat in this area which would discharge in this waterway at the east line of the plat. The drainage area above this point is approximately 55 acres, generating up to 50 cubic feet per second -of storm water discharge. This vol- ume of water will aggrevate the erosion problems already exist- ing between the east line of the plat and Lake Street below. The ditch is quite close to, and could endanger an existing dwelling( Vorcier) in this area. RECOMMENDATION: An adequate storm sewer pipe should be extended from the east line of the plat down to and under Lake Street. In addition, the new storm sewer pipe will have to be installed under Lake Street, since the existing 36" culvert there will not be adequate alone. The latter can continue to serve local gutter drainage along Lake Street. No: 2 - "Sunrise dills Creek" This waterway or ditch originates at the east end of the pond which lies partly within this proposed plat. The portion of this waterway between the east line of the proposed plat and Lake Street is a rugged unimproved ditch in which sanitary sewer was constructed in 1965. It will take some time for the construe- Chanhassen Planning Commission Page 3 April 29; 1969 tion scars to "heal up". It is felt that with some preventive maintenance and the impoundment of water provided by the pond, including a controlled outlet structm, this waterway should root cause riajor problems as a result of development of the up- stream areas. Future storm sewers and runoff should be directed into the pond rather thantoto the ditch. The 48" culyert under Lake Street at the foot of this ditch is adequate. From Lake Street to Lotus Lake a 12" pipe under- ground carries low flows and a wide sodded swale carries heavier 04erflows to the lake satisfactorily. 4' No. 3 - "South Carver Beach Creek" This waterway or ditch runs easterly to loths.Lake draining an area roughly north of the proposed Western Hills and Sunrise Hills, south of Carver Beach and east of County Road No. 17. This is quite a broad valley with a meandering "creek". It does have a narrower gullied area at its upstream end near the northwest corner of the proposed plat. Proposed storm sewers outletting into this drainage way are.not expected to create any additional proms. Eventual, total development of the drainage area may require some improvements in portions of the waterway. Very truly yours, SCCHOELL &MA9SON, INC. WDSchoell:sd -Atts Plan 6109-1 R.ITSSELE H. LARSON ATTORNEY AT LAW 1900 F=RST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 tpril Is, 19 r. E'ui,ene A. Coulter, ayor ill-39C of C:hd;,_ha.33en f''hanhassen, ,,,-!innes Conflict interest roposed ; es -ern FAlls Plat TEL£PHON£ 335-95G5 I have been - xo - - . the possibility of a conflict of j nt.�r : st at,Neen x� x. obert A. ar. oler, as President of Scholar, Inc. , (,orporaty : ;e owner and contract v�� .dor of certain lands in the village being purcna , ad y Hansen & Ylingelhutz Construction Co ipany, Inc. , hicn lands ar _ubject of an applicatio - ft r subdIvision , roval by th :purchaser. I find no leg i conftzct .,)f t;�A;st -)et•r7ean - 1. Sc1a Position a. f the Planning ,omrcis : - -, and as l?resid nt of the c©rp4.3ration hici_ resently 101ds th.: lee to these land_ The foregoing opinio - is Dase�i can t:;v sollc� =_,y :. res ntations made to me: a. ?either i. r. ;choler nor Scholar, Inc, , haVL any financt l interest in Hansen S Klingzlhutz Construction Company, Inc. b. Hansen & Klingelhutz Con,structior- Company, Inc, , a_Iavaa taken Possession of the lands as of ianu .ry 1969. c. The Purchase of these lands is not U"-Ject to cancellation in the event approval of the -ref! in ry I t is aot jbtained from the Village Council. 1 f4=1 no legal conflict of Lei.- rest, it Gcc,urs t ia< t in rcis iscreti )n c,,'r. Scholer, as a Planning Commisr, s lould tuk . no part in the-roceeaings oefore that is xiv cencc:rning this pro used plat, .. s :caul abs .-in fro voting on all gu-. tions relating .:..ereto. ' ry truly y airs, Russell H. :arson Chanhassen Village Attorney cc RI O) 'rt - . -)choler Adlol h Tassn-,is Y :' E.t�101i;ll'Jl}iJl'; LTA' l"., l'1' .�-lIY \ l' This ineworandum of present intent is made between Nubcrt T. For- cier and Agnes .,9, Forcier (the "Forciers") and Hansen and Rlin,relhutz, Inc., (t e "Corporation".) WHEREAS the Corporation desires to develop for residential pur- poses a tract of land adjacent to the land owned by the Forciers and the parties anticipate that such development will cause serious flooding damageto the land and improvements owned by the Forciers; CD WHEREAS the parties are presently of the opinion such damage may be avoided by placing; a storm sewer below the surface of a portion of the land owned by the Forciers; hD ':'.'HEREA5 the parties understand the Placement of such a storm sewer will require an easement from the Forciers to the Village of Chan- hassen; MdD 'r,'HEF,ltS the Corporation desires that such easement be riven by the Forciers and desires that theJorciers agree not to seek to enjoin the development of` the land referred to above; NOW THEREFORE BE IT U-ND �:RSTOOD that the parties presently intend and anticipate that they will reach agreement between themselves concern- ing the Placement construction and other aspects respecting said° storm sewer; that the parties presently intend and anticipate that ,pursuant to said agreement said easement will be granted to the Village of Chanhassen said easement containing a covenant by the Tillage of Chanhassen as con- venantor to maintain said sewer; that the parties presently intend and anticipate that -zursuant to said agreement the Forciers will agree no, to seek to enjoin the development of said tract of lend; and that the parties presently intend and anticipate that the Corporation will grant or provide a certain easement over the tract of land to be developed providing access to the western boundry of the land owned by the Forciers. Date: April 8, 1969. Hubert T. Forcier Hansen and Rlinr-elhutz,Fw inc. r: I PLANNING COMMISSION MEETING April 8, 1969 8:00 p.m. AGENDA 8:00 p.m. - Oakmont Report from Dean Scheff on Park and Recreation Meeting. 8:30 p.m. - Committee Reports Anne Neils - Street Naming and Numbering Any other reports that come to mind 8:45 p.m. - Zoning Ordinance, Sections 13 and 14 9:30 p.m. - Proposed Western Hills plat Presented by Hansen & Klingelhutz Const. Pending Items: HANSEN 6 KLINGELHUTZ CONSTRUCTION, INC. P.O. BOX 207 Chanhassen, Minnesota April 8, 1969 Village of Chanhassen Chanhassen, Minnesota 55317 Attention: Adolph Tessuess Administrator Dear Mr. Tessness: As of March 1, 1969, we have exceeded your requirements as to the number of homes built in Western Hills before the Village takes over the street lighting cost. As per contract, we must have 60% of the homes built. As of March 1st. we had 15 homes of 21 lots or over 70%. I am pleased to submit the statement for month of March trusting you will accept it. Thank you for taking care of the above. Yours very truly, t -� M 4L�' Douglass Hansen Enc. DH/dc GORDON R. COFFIN LAND SURVEYOR AND PLANNER 3025 WATERTOWN ROAD LONG LAKE. M1NN. 55356 I GREENWOOD 3-4141 4-7-69 Description for Hansen & Klingelhutz Construction in the Southwest 1/4 of Section 12-116-23 That part of the Northwest quarter of the Southwest quarter of Section 12, Township 116 North, Range 23 West of the fifth principal meridian, and of Tract D, Registered land Survey No. 32, fil.Qs of Registrar of litl3s, County of Carver, eescribAd as follows: Comm4neing at the South3ast cor- ner of said Northwest quarter of the Southwest quarter; thence North along th,3 East line of said Northwest quarter of the Southwest quarter a dis- tance of 743 feet to the point of beginning of the property being described; said East line being assumed to have e b-wring of North for purposes of this description; thence Northeasterly along a non -tangent curve concave to the South3ast having a reeius of 590 feet, a racial line of said curve through said point of beginning bearing North 6913.31 West, a distance of 150.34 feet to the end of said curve (a radial line through said end bearing North 540571 V-st); thence North 1,11551 West a distance of 180 feet; thence South 690501 West a distance of 169.98 feet; th'.nce South 152.39 feet to a point in a nontangent curve concave to the Southwest having a radius of 800 feet; thence Southeasterly along said last - described curve to the point of beginning. SCHOELL & MAOSON, iNc. ENGINEERS ANO SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, M:NNESOTA 55343 April 7, 1959 Planning Commission c/o ➢3r. Adolph Tessnesss Village of Chanhassen Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, Westerssa Hills lst Addition, Hansen & Klingelhutz, Inc - Gentlemen: We have reviewed preliminary plans for streets, water system, sanitary and storm severs for the subject proposed plat. We have found theca to meet or exceed all design standards required to provide these services and utilities to the property as well as to adjacent properties which will be served by extensions of these facilities. These plans are preliminary and detail construction plans will have to be submitted for approval prior to any construction, Construction could be divided into three or more phases although the developer has not as yet suggested phasing the development. Basements. Temporary turnaround easements should be provided at ends of streets expected to be extended into adjacent properties. Drainage easements across rear of lots abutting on major drainage ways should be at least 20 feet in width. Easements where sanitary sever is to be placed should be at least 15 feet in width. Planning Commission Village of Chanhassen Page 2 April 7, 1969 Street Right of Wavo Cut —de —sacs are shown as 100 feet in diameter, The platting ordinance calls for 120 foot diameters, Lotus Lane and Lake Street should be considered as Collector Streets and increased to 80 loot width per the platting ordinance, Respectfully submitted, SCBOELL & MADSON, INC. WDSchoell:sg VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PRELIMINARY PLAT AND REZONING "WESTERN HILLS" PRELIMINARY PLAT DATED MARCH 31, 1969 NOTICE IS HEREBY GIVEN That the Planning Commission of the Village of Chanhassen, Minnesota, will meet on Monday, the 28th day of April, 1969, at 8:00 p.m. at the Village Hall in said Village for the purpose of holding a public hearing on proposed rezoning in the Village as follows: 1. To rezone the following described land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance No. 1 as amended: A portion of Tract D, Registered Land Survey No. 32 and a portion of the South i of the East z of the Southwest Quarter of the Northwest Quarter, Section 12, Township 116, Range 23, Carver County, Minnesota. 2. To rezone the following described land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "A" as defined in Chanhassen Township Ordinance No. 1 as amended: All of Tracts B and C and a portion of Tract D, Registered Land Survey No. 32, and a portion of the East z of Northwest Quarter of Southwest Quarter, all of the East 3Z of Southwest Quarter of Northwest Quarter, and a portion of the Northwest Quarter of the Northwest Quarter, Section 12, Township 116, Range 23, Carver County, Minnesota. NOTICE IS FURTHER GIVEN that the Planning Commission will meet at said time and place for the purpose of holding a public hearing on a proposed preliminary plat known as Western Hills and involving the above described tracts of land. A map showing said proposed preliminary plat and proposed rezoning is available for inspection at the Village Hall. All persons interested may appear and be heard at said time and place. Dated: April 14, 1969 BY ORDER OF THE PLANNING COMMISSION Adolph Tessness Clerk -Administrator Publish April 17, 1969, and April 24, 1969 ` stage o f Cka` lta.4.4en Box 147 L'lianliaJJen, Ainneaoia 55317 Uelepkone: 474-. 8885 March 31, 1969 MEMORANDUM To: Planning Commission From: Administrator Subject: Plat Submission of Western Hills The following are requirements as per Ordinance #33 which have been followed or provided: Section 6, subsection 6.O1a - Ten copies were filed. Section 6, subsection 6.Olb - the filing fee has been submitted. Section 7, required preliminary plat data. I feel that all required data has been submitted as per ordinance stated. Section 7, subsection 7.02i, states a copy of restrictive covenants, if any, on all abutting land shall be filed with the preliminary plat. This has been done. The question was asked of the developer if he planned to have restrictive covenants filed on this proposed plat and it was his feeling at this time he would not. This is not a requirement of the Platting Ordinance and I feel if the Village has strict platting and zoning there is not such a need for restrictive covenants on each subdivision as it is very difficult to change or delete from these covenants after they have been filed. AT:jm Sincerely, Adolph Tessness Clerk -Administrator Zlze lasteat Crowing Suburb .fin the Soutiiweit of CAanfuuizn PLANNING COMMISSION Carver County Chanhassen, Minnesota 55317 March 28, 1969 MEMORANDUM To: Chanhassen Village Council and Chanhassen Planning Commission For the record, I, Robert A. Scholer, President of Scholer, Inc., declare that the aforementioned corporation is the fee owner of the following described tract of land that is presently incorporated in that application for subdivision approval for proposed Western'Hills. Applicant for the Western Hills plat is Hansen and Klingelhutz Construction Company, Inc., Chanhassen, Minnesota. I voluntarily declare the following points. 1. Neither as an individual nor as an officer of the corporation Scholer, Inc. do I have any financial interest in Hansen and Klingelhutz, Inc. 2. Hansen and Klingelhutz, Inc. are the contract purchasers of the following described tract of land and they took possession of same in January of 1969. 3. Scholer, Inc. as fee owner of said tract, did agree, as a condition of the contract sale, to permit the platting of said land into residential lots and further agreed to join in the application for platting as necessary. In view of the above statements I suggest the Village Attorney be asked to render an opinion on whether my deliberating and voting as a member of the Planning Commission on Western Hills proposed plat may be construed as a conflict of interest. LEGAL DESCRIPTION OF ABOVE REFERRED TO TRACT OF LAND All that part of the Northwest Quarter of the Northwest Quarter (NW4 of NW4) of Section Twelve (12), Township One Hundred Sixteen (116) Range Twenty -Three (23), Carver County, Minnesota described as follows: Beginning at the Southwest Corner of said Northwest Quarter of the Northwest Quarter (NW4 of NW4), (which point is marked by a judicial landmark); thence North to a point on the West line of said Northwest Quarter of the Northwest Quarter (NW4 of NW4), 824.6 feet South of the Northwest corner thereof as measured along said West line (said point also being 501.1 feet North of the Southwest corner of said Northwest Quarter of the Northwest Quarter (NW4 of'NW4) as measured along the West line thereof and marked by a judicial landmark); thence South 880 31' 20" East to a point on the East line of said Northwest Quarter of the Northwest Quarter (NW4 of NW4) which point is 846.96 feet South of the Northeast corner of said Northwest Quarter of the Northwest Quarter (NW4 of NW4), (which point is marked by a judicial landmark); thence South on said East line 9 Village Council and Planning Commission -2- March 28, 1969 to the Southeast Corner of the Northwest Quarter of the Northwest Quarter (NW4 of NW4), (which point is marked by a judicial landmark); thence west along the South line of said Northwest Quarter of the Northwest Quarter (NW4 of NW4) to the place of beginning. For the purpose of this description the West line of Section Twelve (12) is assumed to be a line bearing South 10 08' 30" West. Yours 11very truly, Robert A. Scho er Member Chanhassen Planning Commission RAS:jm MILLS ENGINEERING CO. LONG LAKE, MINN. 55356 473-9883 hia.rch 25, 1969 To the Village Council and Planning Commission Chanhassen, Minnesota Gentlemen; Submitted herewith are ten copies of preliminary engineering plans for sanitary sewers, water mains, storm sewers, street grades and typical street sections for the Western Hills 1st Addition. Storm sewers to be constructed within the boundaries of the Western Hills plat are shown on the plans. The owners of the development understand that the construction of the proposed storm sewers may cause damage downstream unless certain precautions are taken. They have stated their willingness to deal directly with Mr. Forcier to alleviate some of the problems on his property. Two other natural drains pass through the au.nrise Hill and Carver Beach areas. In a larger sense, it is apparent that there are other properties within the drainage areas that include Western Hills. It is quite possible that three major storm sewers constructed along the three drains previously mentioned would carry storm water to Lotus Lake. -Such a project could best be accomplished by the Village and. assessed equally to all benefitted property owners. The developers of Western Hills would be pleased to discuss this matter with the Village Council, including possible methods to fund their share of the costs. Yours very truly, William T. Mills, P.E. orm No. 0-4 village of C'vinhaesen 'Dat sled by ItTames E: The ; c "' ng deacr A.be.d. real J ";: J-PLANNTNG.. COMMISSION OF THE VILLAGE OF CRAitixiASSEN The undersigned owner/s or -real Troperty the ill_age of CSanhassen Rio hereby rer_a+ ,oti:'ul Or r.,-2lips i`n} tba above escribed parcells of property be re.zo,,ed from ar: Zone District to an Zone District 5 iv t� ANC.c- -N J MAR a, f�=C iVE7 ;v VILLACr- cF � S, CY..1l+INN.;i�N, C�)j ;jt Form No. 67..4 Village of Chanhassen ' Filed by Name: Address • RE: The fc?!lo�T ng described real Propperty: T�Ie - lls TO i'TE pLAjyNIn:G C-'11R43:SSi ?,. �'■ `T O Tl_E VILLAGE OF CHANHASSEN he Tthin t Village OfChatnbassengdodheroby/respectfulpyorequest rperty ithat the above described parcelfs of property be re -zoned from an: -�'L'...��, District to an � '',,'' �`s'��^'�y s%...��•�Zone District 11 r Lr1CJ(fj�, �`ALL.RG� Q,� Ji1 y Ci-1RAi ia�SSEhj �a� !;arch 24. 1969 Re: Property at North End of Uestern Hills Plat: We, Ecklund Ar• -0=,dedlund, and Hansen & Klingelhutz Gonst. Inc..; nonsent to an exchange of land parcels lying on opposite sides of the drainage creel-, from nur respective main Darcels of land. These parcels are shown as DRr attached contour map. CONSENT BCH LER . INC . , Minnesota Corporation, being the registered owner of land known and described - All that part of the .Northwest Quarter of the Northwest 'quarter (N% 1/4 of NV1i 1/4) of Section Twelve (12), Township One Hundred Sixteen (116) Range f1wenty-three (23) , Carver County, Minnesota described as follows: Beginning at the Southwest Corner of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4), (which point is marked by a judicial landmark); thence North to a point on the West line of said .Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) , 824.6 feet South of the Northwest corner thereof as measured along said West line (said point also being 501.0 feet North of the Southwest corner of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) as measured along the Wiest line thereof and marked by a judicial land mark); thence South 880 31' 20" East to a point on the East line of said North- west Quarter of the Northwest Quarter (NWT 1/4 of NV, 1/4) which point is 846.96 feet South of the Northeast corner of said Northwest Quarter of the Northwest Quarter (NV#I 1/4 of i'4W 1./4) , (which paint is marked by a Judicial landmark); thence South on said East line to the Southeast corner of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) , (which point is marked by a judicial landmark); thence West along the South line of said Northwest Quarter of the Northwest Quarter (WI 1/4 of NNW 1/4 to the place of beginning hereby consents to the above described land being included in a plat of Western Hills and to the filing of said plat as it relates to the above described land. SC HOLER , INC. `uthage o f Clianlia-4.4en Nox 147 Claanlaa.Men, Wnneoola 55317 Zelep�tone: 474-3020 8885 March 19, 1969 MEMORANDUM To: Hansen & Klingelhutz Construction Corp. Subject: Submission of Preliminary Plat The following items should be submitted with the preliminary plat: 1. Ten copies of the preliminary plat should be filed at least 14 calendar days prior to the next regular Planning Commission meeting. 2. A filing fee of $25.00 plus $5.00 per acre should be submitted at the time of the filing of the preliminary plat. 3. All items in Section 7 of the Platting Ordinance should be covered in your preliminary plat submission to the Village. 4. All plat design standards should meet Section 8 of the Platting Ordinance. a. Special attention to Section 8.04. b. You also should note Section 8.02 b. If all of the above listed items have been presented at the time of the filing of the preliminary plat, the Planning Commission would then set the date for the public hearing as soon as possible. AT:jm Sincerely, Adolph Tessness Clerk -Administrator Z�te la4teft groWing Suburb .fin Zl a Southwest AA >� SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 March 17, 1969 Village of Chanhassen c/o Mr. Adolph Tessness, Administrator Village Hall Chanhassen, Minnesota 55317 Subject: Review of Lotting Sketch, Western Hills Gentlemen: As requested by Mr. Robert Scholer, Acting Chairman of the Planning Commission, we looked over the lotting sketch and other exhibits submitted describing the proposed devel- opment of Western Hills Subdivision. It is proposed to allot ;some of the area to park and lake and to request multiple residential zoning on a portion of the area. The park and lake area appears to be logical and a valuable addition to the community. On the question of multiple residential zoning, probably the only engineer- ing question involved will be provision of adequate sanitary sewer, water and drainage utilities, which appears feasible from the exhibits, however, more detailed plans will be re- viewed with the preliminary plat when it is submitted. We can see no engineering obstacles to the planned development as shown and recommend that further study be given when the preliminary plat is submitted. Very truly yours, SCHOELL & MADSON, INC. r WDSchoell:sd cc: Mr. Robert Scholer i V�*" INDEMNITY CORPORATION BON D I N G. SPECIALISTS 2 EAST GILMAN, MADISON, WISCONSIN 53701 AREA CODE 608 • 257-5331 Clerk & Administrator Adolph Tesmess Box 147 Chanhassen, Minnesota Re: Plehal Blacktopping, Inc. Bond _# 45945 Gentlemen: PLEASE ADDRESS REPLY TO P. O. BOX e- March 10, 1969 dVe have on our books a Subdivision Bond executed for the above captioned contractor. It has been in force sincer/l/68 and is in the amount of $ 7,506.00 , covering the Subdivis-ion as described: Addition Township of Chanhassen, Minnesota It covers a specific condition or agreement as follows: Cont.-,street improve- ment, Western Hills We would appreciate it very much if you would acknowledge the return of this letter as cancellation evidence that this project has been completed. If it has not been completed, please inform us as to what per cent is not completed and the dollar amount that has been paid. This will enable us to renew the instrtunent of issue a Continuation Certificate for the portion of the project which is uncompleted. Thank you very much for your time and cooperation. Very truly yours, Patricia Banfield Bond Department RLA ; pab cc, agent CONTRACT FOR DEED THIS AGREEMENT, made and entered into this Wf/ ='L %6'/'9.VAt��aJ 1969, by and between SCHOLER, INC., under the laws of the State of Minnesota, party of the first part, KLINGELHUTZ CONSTRUCTION, INC . , 13arty of the second part; day of a corporation and HANSEN & W I T N E S S E T H, That the said party of the first part in considera- tion of the covenants and agreements of said party of the second part, herein- after contained, hereby sells and agrees to convey unto said party of the secon part, its heirs and assigns, by a Warranty Deed, accompanied by an Abstract evidencing good title in party of the first party at the date hereof, or by an ownppr's duplicate certificate of title, upon the prompt and-rull� performance by said party of the second part, of its part .of this Agreement, the tract of lane lying and being in the County of CARVER and State of Minnesota, described as follows, to -wit: All that part of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section Twelve (12), Township One Hundred Sixteen (116) Range Twenty-three (23) , Carver County, Minnesota, described as follows: Beginning at the Southwest Corner of said Northwest Quarter of the Northwest Quarter (NW 1/4 of N/W 1/4),(which point is marked by a judicial landmark); thence North to a point on the West line of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4), 824.6 feet South of the Northwest corner thereof as measured along said West line (said point also being 501.01 feet North of the Southwest corner of said Northwest Quarter of the Northwest Quarter (NW 1/1 of NW 1/4) as measured along the West line thereof and marked by a judicial landmark); thence South 88" 31' 20" East to a point on the East line of said Northwest Quar- ter of the Northwest Quarter (NW 1/4 of NW 1/4) which point is 846 .96 feet South of the Northeast corner of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) , (which point is marked by a judicial landmark); thence South on said East line to the Southeast corner of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) , (which point is marked by a judicial landmark); thence west along the South line of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) to the place of beginning. For the purpose of this description the West line of Section . Twelve (12) is assumed to be a line bearinq ,South 1 ° nR, .fin it �N�si ._ f LEROY E. HAGLUND ATTORNEYS AT LAW RESIDENCE 473-9293 JUSTICE BUILDING 240 SOUTH MINNETONKA AVENUE WAYZATA, MINNESOTA 55391 November 11, 1968 Village of Chanhassen Chanhassen, Minnesota Re: Western Concrete Products Corp. Gentlemen: LAW OFFICE 473-4679 In October, 1967, Western Concrete Products Corp. completed certain earth removal, excavation and installation of utilities in a land subdivision in the Village of Chanhassen in contract with Hansen & Klingelhutz, which project has been finally inspected and approved by the Chanhassen Village Engineer with a letter properly filed. Western Concrete Products Corp. repeatedly has requested Hansen & Klingel- hutz to pay the balance of its bill in the amount of approximately $2,00010, but the land developer excuses payment on the grounds that the Village of Chanhassen has not made payment in full to Hansen & Klingelhutz, and has not accepted the improvement. I don't see how the Village of Chanhassen can be used as an excuse for the non-payment of a bill, and would certainly appreciate having the point clarified. If the Village of Chanhassen is inhibiting the payment of the bill of approx- imately $2,000 by Hansen & Klingelhutz to Western Concrete Products Corp., will you please let me know as soon as possible. Very t you s, LeRoy . Haglun LEH:h9 April 15, 1968 Village Council Chanhassen, I--Innesota Dear Sirs: As ..ie have now com-nleted our water and sanitary sewer system in Western Hills, Chanhassen, lvre request acceptance of tnis system by the Village of Chanhassen as Per a reer,ent. Sincerely, TT TT.�r�'+'7q T Cjl. ,...LZli .:'�L��t7`r Z I L Doug 1 I . D'/bh Hansen, Pres. J4UWt409K FdeAd ijk1�;� II SAVINGS AND LOAN ASSOCIATION HUTCHINSON, MINNESOTA 55350 Phone 879-6003 November 28, 1967 Mrs. Kay Klingelhutz, Village Clerk Village of Chanhassen Minnesota 55317 Re: Hansen & Klingelhutz Construction Inc. Lots 1 through 13, Block l; and Lots 1 through 8, Block 2, Western Hills, Carver County. Dear Mrs. Klingelhutz: This will advise you that we are today earmarking $4,300 for the purpose of installing blacktop on the above described property to indemnify the Village of Chanhassen that this amount will be paid upon satisfactory completion of the blacktop of roadways servicing the above described lots. We trust this information will be adequate for your purposes; however, if we can be of further assistance, please let us know. Cordia I fvC . Cone Vice President cc: Mr. Douglas M. Hansen, President Hansen & Klingelhutz Construction Inc. Chanhassen, Minnesota 55317 WEst 8-3311 PLEHAL BLACKTOPPING, IMC. Driveways & Parking Areas Blacktopped 6U7 Baker Rd. Hopkins, Minn. November 20, 1967 Hansen & Klingelhutz Construction,lnc, 5411 Holiday Road Hopkins, Minnesota. 55343 Gentlemen: Following is confirmation of bid for blacktopping roadways at Nbstern Fills Addition, Chanhassen: The existing Class #5 gravel will be regraded to conform to given elevations. The base will be rolled for proper compaction and primed with MC-0 asphalt oil. A 2 inch mat of #2331 AC asphalt will be installed with our self-propelled paving machine. The mat will be rolled with steel_ rollers for a amocth compact finish. Asphalt berms will be placed on either side of the roadway at the tiie of paving. The total cost of the above work will be $3,900.00. Very truly yours, Charles 0, Peterson L PETITION tyO:L liv. � L'_.C�v�'�Au;''i�,�T Chanhassen, Minnesota J�_a !; , 1967 To the Village Council of Chanhassen, Mimesota: rTe the undersigned owners of not less than ;'S per cent of the drainage area, hereby petition that the 'V-? lag(: of Chanhassen install the storm sever on the :Hubert rorcier property assess the cyst of the improvement against the entire drainage area, :1 i.i'l:i.... iJ .E C_ U'Y '.l:. t.R.i_i T1 I 4 P...tT, 1. 2. 3• i Examined, checked, and fel:nd to be in proper form and Luc be signed by the regained number of ov r_ers of property affected loy -the making of the petit:i.onud for. VillagE Uork Chanhassen$ Minnesota November 6, 1967 Village of Chanhassen C hamhassen, Minnesota Gentlemen: As you are aware the Western Hills Development will necessitate two sewage lines to run across our property --a storm sewer and a sanitary sewer. We request that these two lines be put in at the same time. Even though the hearings in regard to the storm sewer have not yet been held, the sanitary sewer is not needed in Western Hills until next season at the very earliest. In addition, we do not wish to have our property torn up twice --once for each line. Yours very truly, G ubert T. Forcier RITSBELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 October 10, 1967 Mrs. Kay Klingelhutz Village Clerk Chanhassen, Minnesota Re: Hansen & Klingelhutz, Inc. Dear Kay: Enclosed find the original and two copies of the contract between the Village and Hansen & Klingelhutz, Inc. , concerning the pro- posed Western Hills First Addition plat. The contract may now be executed in the original and one copy by the parties, with the original to be Treta'.d by the Village. Very truly ussell H. Larson RHL: b Enclosure cc Eugene Coulter t,_5v�.party stm., .1 ;.,P, oxempt from the tormi .)f 012.1 a pitc'G -,Pf Pr �f�vrty located In the N by ;:00 ih.o h.,Ayer p3ruvitle wa Aoi-z ri;tier of this prr,,,b-ort3 prior to Vie, .'Ontract for., Tbe seller have ti,n T-A:,;';t '%n fiele. a,T-zd soptic, vr7% Systwu of &.lie -_o*-Jer"b hom&t,')a(1 ix-, ?"react I until' fx: lis Sorve tt-1c Seller -shall pay existing mortgag e on Tract according t'o terms. t-o rn%'A.-Atr_U7-1 a't all, tivloe ztj accecs to a public lku:lr��,-:`:a liomet,4teau., whif;b is oxf.--aptad, from this .A z .1 t -,'. --)xi. t b. e. re t is ,. 4 1 d vi-We I it c .4 t ro 0 t Sha I I b pe vT� nccer�v, tZI i.`�o ro r .10 thr..' s3ub,flor*t 'Sale. wtvi the 1.'-r tr.-, so-vo Cie. seller harml'- -�3 front zti.y ip-eclt !1 wld again"it the o- ­_Xcopted homestead ljr*,"��rty L lb. exc,,4as rof ur t co.Aputed on a frontare baai.-j -;rf-d aide w-ly ot" _vv,,W P,,,t:��4vtead prriperty. V. Y aha2_1 hay.,_- th-a right tc) such portion of Traxi,,z ajid 'Z11 as klis z-!f,,t -.­Yzen- Jeveja7;.id by the bu.3-m,,' vtithout cost o-11. ,U-nd tho Iii-ytir; _Ixowev•qr, IiLtyer requi-e rorkeonable 110ti c1r, s:':l P-cd of ;qald pi-opertv ao he may reduct, loss "n V-ts ivver,t 'Aie ri-'Ier 8ald Icund Alor devaloprmzt Se er -lie r­i5.rl;:w, Plat,3 to be by -i 3 ri, tz, a 14-, Si b4e (4emigned so that there .1 -0 pubIAC Le0 z�1,114- fill Pract 11. Unon 7�w.-kylje.11 ., Gi` Uhe wAme, fzns,, 1-v para..g.rap1l 3 and ejf%aej," 1C14'%%j th-jrtc.In, the buyor will thereafter rete �AMI �&.r tX.ACA.P 4:7 1A T­i4ct 11 up-o,j Of ulorl"Yq w-_2 for IM raray.-a-p:'. A '0. Uije)u the vil s­ia Gnittravt frv­ beea, the seller �Affj., 1v-nd to be util for ro.,4.1 ;j IKA S e w or ­Iy-ov bulldi.nj,a -z -A& firmndationa In r-ropert- ''t f. Y__ I of this evireement has no" theret0f r -1-m ao';!em t(� the p%rchnse-- shall b- ',ncluded in a derwi aw,,-' cc,"a- 43 C % v C, 0, ll�!A t al y -Oyin-,i�t hereunder. of R.USSEEE H. LAHSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDTNO MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 September 28, 1967 Village Council Chanhassen, Minnesota Re: Western Hills lst Addition Gentlemen: Attached herewith for your study is a copy of my draft of a proposed agreement between the Village and Hansen & Klingelhutz , Inc. , relating to the above subdivision. I understand that this agreement the acceptance of the proposed plat is to be considered at the Council meeting Monday, October 2nd. LVe trulyIa Russell H RHL: b Enclosure cc Village Clerk T. Flatebo Engineering, Inc. Hansen & Klingelhutz, Inc.