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71-XX - Chanhassen Estates 2nd Add SUB pt 12.�,•dl F d. � ior� VILLAGE OF CHANHASSEN - CHANHASSEN HOLDING CO. DEVELOPMENT CONTRACT THIS AGREEMENT, Made and entered into this day of 1971, by and between the VILLAGE OF CHANHASSEN, a Minnesota municipal corpora- tion, hereinafter referred to as the Village, and CHANHASSEN HOLDING CO. , a co -partnership consisting of Donald F. Hagen, Herbert A. Mason, Eugene F. Reilly and Robert H. Mason, hereinafter referred to as the Developer, WITNESSETH: WHEREAS, the Developer is the fee owner of certain lands in the East Half of the Northeast Quarter, Section 13, 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 31. 4 acres , more or less , divided into - _ lots and outlots , and to be known as Chanhassen Estates 2nd Addition, a copy of said proposed plat being attached hereto as Exhibit A, and WHEREAS, the Village Council has, by its resolution passed , 1971, 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 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, stabilizing and surfacing; b) Curbs and gutters; c) Street lighting; d) Street signs; e) Boulevard sod; f) Driveway surfacing; g) Underground electric and telephone service lines; h) Storm and surface water drainage facilities, and WHEREAS, the Developer, as owner of all assessable land within the pro- posed plat, has petitioned the Village to construct and install municipal water and sanitary sewer facilities in said plat, 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 �l bearing date /��' �97 , of the proposed installation of all of the fore- going improvements as prepared by Schoell & Madson, Inc. , said plans and speci- fications being incorporated herein by reference and made a part of this agreement. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the Village of the plat of Chanhassen Estates 2nd Addition, the Village and Developer agree as follows: 1. Improvements by Developer. Developer agrees at its expense to con- struct, install and perform all work and furnish all materials and equipment in -2- connection with the installation of the following improvements: a) Street grading, stabilizing and surfacing; b) Curbs and gutters; c) Street lighting; d) Street signs; e) Boulevard sod; f) Driveway surfacing; g) Underground electric and telephone service lines; h) Storm and surface water drainage facilities. 2. Standards of Construction. Developer agrees that all of the foregoing improvements shall equal or exceed Village standards, shall be constructed and in- stalled in accordance with engineering plans and specifications approved by the Village engineers and the requirements of applicable Village ordinances, and that all of said work shall be subject to the supervision of the Village engineers. 3. Materials and_ Labor. 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. In case any material or labor supplied shall be rejected by the Village 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 at the cost and expense of the Developer. 4. Schedule of Work. The Developer further agrees that it shall commence work hereunder on or before 1971, and shall have all work done and improvements fully completed to the satisfaction and approval of the Village on or before 19 The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work -3- 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. Sanitary Sewer and Water. a) The Village agrees to cause its engineers to prepare all plans and specifications necessary for installation of water and sanitary sewer in said plat; and Developer agrees to deposit with the Village upon execution of this agreement a cashier's or certified check or bank draft in the amount of 10% of the estimated total direct and indirect cost of said water and sanitary sewer improvements within the plat. Developer and the Village agree that the total estimated cost of said improvements is b) The Village agrees that upon its approval of said plans and specifications bids will be taken by the Village and contracts awarded for the installation of the sanitary sewer and water facilities under the supervision of the Village. c) Developer, as owner of all assessable land within the pro- posed sanitary sewer and water improvement area, hereby waives the requirement of an improvement hearing for the purpose of ordering the said sanitary sewer and water improvements. d) Developer agrees that the entire cost of the installation of said sanitary sewer and water facilities, including any reasonable engineering, legal and administrative costs in- curred by the Village, shall be paid by the Developer to the Village in the following manner: When said water and sani- tary sewer facilities have been installed and water and sewer service are available to the lots in said plat, De- veloper shall pay to the Village an amount equal to the then prevailing Village sanitary sewer and water hook-up charges multiplied by the number of lots in said plat less the amount paid pursuant to paragraph 5 (a) hereof; and the balance thereof as special assessments levied against the property in said plat benefited by the improvements in fifteen (15) equal IMIC annual installments with interest on unpaid installments at the rate of per cent —/o) per annum. If the special assessments levied by resolution of the Village Council pursuant to this agreement are adopted by it between October 10th of any year and April loth of the following year, Developer agrees that it will pay to the Village one-half (1/2) of the first annual installment with interest on or before May 31st next following the levy, and will pay the remaining one-half (1/2) of such first installment with interest to the Village on or before the following September 30th. All remaining installments shall be paid as assessments to the Treasurer of Carver County as and when the general property taxes become due upon said property. If the special assessments levied by the Village Council pursuant to this agreement are adopted between April I Ith and October 9th of any year, then all installments due hereunder shall be paid as assessments to the Treasurer of Carver County as and when the general property taxes become due on said property, (i) Provided, however, and in any event, as a condition to the issuance by the Village of a building permit for each lot in said plat, Developer agrees to pay in full all unpaid installments of special assessments for sanitary sewer and water levied against such lot. 6. Reimbursement of Costs. 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. Disclaimer by Village. It is understood and agreed that the Village, the Village Council, and the agents and employees of the Village shall not be per- sonally liable or responsible in any manner to the Developer, the Developer's con- tractors or sub -contractors , materialmen, laborers or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes -5- of action of any kind or character arising out of or by reason of the execution of this agreement or the performance 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 same. 8. Written Change Orders. 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 fur- nished 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. 9. Performance Bond. For the purpose of assuring to the Village that the improvements to be by the Developer constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this agree- ment, Developer agrees to furnish to the Village a corporate surety bond approved by the Village in the amount of $ v naming the Village as obligee thereunder and conditioned upon the performance by the Developer of its obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc. , as Village Engineers, and as set forthin the i report of said Engineers to the Village Council dated L-k >\ Z ( , , 1971, which report is incorporated herein by reference and made a part of this agreement. Said bond shall be attached hereto and made a part hereof. 10. Boulevards and Driveways. The Developer agrees to furnish, construct and install, at Developer's sole expense, the following improvements for the bene- fit of each lot within the plat: a) Boulevard sod, which shall be of uniformly good quality; b) 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 10 shall be constructed and installed according to the re- 1-10 . 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. 11. Erosion Control. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer or its agents. Developer, at its expense, shall provide temporary dams, earthwork or such other devices as shall be needed, in the judgment of the Village Engineers, to prevent the washing, flooding and erosion of lands and roads within and outside the plat during construction. Reasonable access to all lots within the subdivision shall be provided and maintained by the Developer until the completed streets are accepted by the Village. -7- 12. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the Village 24 months after the completion of installation of the street lighting system, or after 75% of the building lots have been improved by the construction of residences thereon, which- ever is first to occur. 13. Replacement. All work and materials performed and furnished here- under by the Developer, 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 Developer's sole expense. 14. Building Permits Breach of any terms of this agreement by the De- veloper shall be grounds for denial of building permits within the plat. 15. Liabilit Insurance. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $ ,:�� 000 for one person and $F,� ,e) Onn or 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. 16. Water and Sewer Revenues. 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. MOM 17. Remedies Upon Default. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within days after receipt by the Developer of written notice thereof, the Village, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the Village, to be assessed as a special assessment against the benefited property in the manner provided by law, and in addition thereto, the Village may take legal action against the Developer and the surety on its per- formance bond to collect all of the costs of the making of any of said improvements. 18. Successors and Assigns. 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 on the day and year first above written. In presence of: VILLAGE OF CHANHASSEN By C4 L -- Atte s t Clerk-ArT�rinistrator CHANHHiASSEN HOLDING CO. By /ll 6 �-�`�---r General Partner 1 STATE OF MINNESOTA ) ss COUNTY OF CARVER ) / On this day of 1971 , before me, a Notary Public within and for said County, personall ppeared 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 Clerk -Administrator 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_<&c aid deed of said corporation. Rdssell H. Larson, Notary Public Carver County, Minnesota My commission expires June 12, 1975 STATE OF MINNESOTA ) COUNTY OF CARVER ) On this A10 day of 1/� _, 1971, before me, a Notary Public within and for said County, personally appeared /C0'04iL' a General Partner of Chanhassen Holding Co. , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed on behalf of said Chanhassen Holding Co. Notary Public t: .,. _ Notary Public, Carver County, Minn. my cemmissim Expires Sept, 9.619- -10- VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA, AGREEMENT THIS AGREEMENT, Made this day of 1971 , between the VILLAGE OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the "Village"; and CHANHASSEN-HOLDING CO. , a partnership consisting of Donald F. Hagen, Herbert A. Mason, Eugene F. Reilly and Robert H. Mason, referred to as "Petitioner": WITNESSETH, WHEREAS, Petitioner has submitted a petition to the Village Council to rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: Outlots 1 and 2, Chanhassen Estates, Carver County, Minne s ota . WHEREAS, Petitioner has been advised by the Village Council that the classification of a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended, presently governing land usage and zoning within the Village, is inadequate to properly regulate and control land usage within the Village, and is deficient in the establishment of standards for the develop- ment of the Village; and WHEREAS, the Village Council has informed petitioner that a comprehensive zoning plan and ordinance are presently being considered and that a revised zoning ordinance will be enacted within the reasonable future; and that said proposed zoning ordinance will establish substantially higher standards , more stringent controls and more comprehensive regulations governing land usage within the Village than presently exists under existing ordinances; and WHEREAS, said proposed zoning ordinance will include a zoning district designated as C-2, COMMERCIAL DISTRICT, wherein land use may be utilized to provide compact centers for retail sales and services, and WHEREAS, said proposed zoning ordinance will also include a zoning district designated as C-3 , COMMERCIAL SERVICE DISTRICT, wherein land use may be utilized to furnish areas served by other retail business districts with a wide range of services and goods, and WHEREAS, petitioner acknowledges that it has been fully apprised of the foregoing facts, and further acknowledges that the enactment of said proposed zoning ordinance will enure to its benefit as it relates to the aforedescribed tract of land, and petitioner is desirous that the proposed standards, regulations and controls be enacted by the Village Council. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants of the parties as hereinafter set forth, it is hereby agreed: 1. In the event the Village Council enacts the proposed zoning ordinance, including said C-2 , COMMERCIAL DISTRICT, and thereby establishes higher standards , more stringent controls and more comprehensive regulations, petitioner agrees that the uses to which Outlot 2 of Chanhassen Estates may be put shall be in strict accordance with all, such zoning and land use regu- lations as may be prescribed by said C-2 COMMERCIAL DISTRICT. -2- 2. That in the event the Village Council enacts the proposed zoning ordinance, including said C-3, COMMERCIAL SERVICE DISTRICT, and thereby establishes higher standards, more stringent controls and more comprehensive regulations , petitioner agrees that the use to which Outlot 1 of Chanhassen Estates may be put shall be in strict accordance with all such zoning and land use regulations as may be prescribed by said C-3 , COMMERCIAL SERVICE DISTRICT. 3. Petitioner agrees that the Village may prohibit the issuance of building permits for construction on Outlot 1 of Chanhassen Estates for uses other than those permitted under Exhibit A, proposed C-3, COMMERCIAL SERVICE DISTRICT, and on Outlot 2 of Chanhassen Estates for uses other than those per- mitted under Exhibit B, proposed C-2 , COMMERCIAL DISTRICT, said exhibits being hereto attached and incorporated herein. 4. The Village Council shall undertake to presently rezone the fore- going tracts to a BUSINESS DISTRICT, as defined in Chanhassen Township Ordinance No. 1 as amended; and that thereafter and upon enactment of the proposed zoning ordinance said Outlot 1 shall be included therein as a C-3 , COMMERCIAL SERVICE DISTRICT, the regulations of which shall be in substantial accord with said Exhibit A. and said Outlot 2 shall be included therein as a C-2 , COMMERCIAL DISTRICT, the regulations of which shall be in substantial accord with said Exhibit B. 5. That this agreement shall be binding upon the parties hereto, their heirs, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have causes these presents to be executed the day and year hereinabove written. In presence of: CV �r CHANHASSEN HOLDING CO. By &Af r Partner VILLA(�:E OF CHANHASSEN M'jfor ATTEST: bye C 1'erk-Adm- nistrator -3- STATE OF MINNESOTA ) ss COUNTY OF On this ? , a day of ��`' 19 71 , bjfore me , a notary public within and for said county, personally appeared /COB44 Al to me personally known; who, being by me duly sworn, did ;ay that he is a partner of Chanhassen Holding Co. , the partnership named in the foregoing instrument, and that said instrument was signe(jin behalf of said partnership by authority of all of its partners and said A"98C/2r acknowledged said instrument to be the free act and deed of said partnership. Notary Public STATE OF MINNESOTA ss COUNTY OF CARVER ) On this a (— day of 1971, before me, a notary public within and for said county, pers pally 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 Clerk -Administrator 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 be- half of said corporation by authority of its Village C: uncil and said Eugene A. Coulter and Adolph Tessness acknowledged said instrument to be t :e free act and deed of said corporation. Russell H. Larson, Notary Public Carver County, Minnesota My commission expires June 12, 1975 WILLIAM D. SCHOELL REGISTERED CIVIL ENGINEER MINN. NO. 1165 Sq PAK 755 WL. pp. K-6174 FLORI4A NO. 4171 NO."DAK. 413 Moot. NO. I816-19 SCHOELL &t MA]DSON, INC. ENGINEERS & SURVEYORS 80 NINTH AVENUE SOUTH HOPKINS. MINNESOTA PHONE: 936.7614 CERTIFICATE OF SURVEY FOR; CHANHASSEN HOLDING W. 1. Descri,L)tion of Lands to be Zoned Commercial District: Order No. 2760 CARLISLE MADSON REGISTERED LAND SURVEYOR MINN. NO. 4374 90. OAK. 791 „ WIS. NO. 0-474 IOWA NO. 2700 NO. OAK. 1108 MONT. NO. 1741.5 That part of the East 1/2 of the Northeast 1/4 of Section 13, Tov%nship 116, Range 23,- Carver County, Minnesota, lying Southerly of the Southeasterly right-of-way line of New State Trunk Highway No. 5 and lying Northerly of a line described as commencing at a point in the East line of said East 1/2 of the Northeast 1/4 dis- tant 695 feet South of the Northeast corner of said East 1/2 of the Northeast 1/4; thence West parallel with the North line of said East 1/2 of the Northeast 1/4 a distance of 768 feet; thence North parallel with the West line of said East 1/2 of the North- east 1/4 a distance of 150 feet; thence West at right angles to the last described line for a distance of 380 feet; thence South- westerly to a point in the West line of said East 1/2'of the Northeast 1/4 distant 150 feet South of the Southeasterly right- of-way line of said New State Trunk Highway No. 5, as measured along said West line, and said line there terminating; Except the East 25 feet of the above described property. °AWeo AGREEMENT IN CONSIDERATION for the acceptance by the Village of Chanhassen of conveyances to the Village of Outlots B and C of the proposed plat of Chanhassen Estates Second Addition, copies of said conveyances being attached herewith, the grantor, Chanhassen Holding Co. , hereby agrees to be bound by the following conditions: 1. With respect to Outlot B, any improvements thereof by the grantor shall be first approved in writing by the Village and shall be constructed and installed at no cost to the Village. 2. With respect to Outlot C: a) The location, depth and width of any channel constructed by the grantor shall be first approved in writing by the Village. b) The Village shall be under no obligation to maintain any such channel. c) Motor boats shall not be permitted to use any such channel. CHANHASSEN HOLDING CO. By &-- General Partner � Dated this day of August, 1971. Warranty Deed. Form No. 3-M. Miller -Davis Co., Minneapolis, Minn. Individual to Corporation. Mii�ta Uniform Conveyancing Blanks (1931).. d _ B t'.5 rtbenturr, 17a,de this .................... �� day of... ....... :........... -. . between ... ..Ch.anha.S.sin...Ho.Jd.i.ng...Qo...... a.... ...c,ons.is.t.ing...at...... Dona.ld...F...... Hagen ................ Herbert A. Mason, Eugene F. Reilly and Robert H. Mason Of the County of ........... H.ennep..in....................................................and State of....Minnesata........... ........................... ......................... part. ... y..... of the first part, and........ The... V11.lage...of.... Chanhassen .... ......... ....... ............ ..... ......................_............ ..._......... .... ........... ............... ................................... ............... ................... ......................................................................................................................................................... , a corporation under the laws of the State of ......... ..M.i.nnesot.a............................................... party of the second. part, Wltlte,z�etb, That the said part...y........ of the first part, in e0nsider(4tion of the sum of One ($1.00) Dollar and other good. and...ya.l.uab,]e,..c,ons..der.a.t.x.a.n....-....-....,.. ................ ........... _...... _ _..._.... to ....... ...i.t.............................................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do........... hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and asszdns, Forever, all the tract...... or parcel...... of land lying and being in the County Carver ..................._.....and ,State of .Alinn.esota, described as follows, to -wit: or... .................................................. Outlot B, Chanhassen Estates Second Addition, for recreational purposes, reserving to the grantor for a period of five years, the right to make im- provements upon said Outlot B, which in the opinion of the grantor, en- hance its recreational value. This 101-I t To 3babe anb to Kolb the *aMC, Together with all the hereditantents and appurtenances thereunto bclongin.9, or in anywise appertaining, to the said party of the second part, its successors and assilsns, Forever, find the said ...... Chanhassen ... Holding ... Co ... ..... a...Co..Pa.rt.nar.ship.... cons4.s,t4.Rg.... of.............. ..... Donald ... F...... Hagen ...... Herbert ... A- ... Mason,....Eugene ... F...... Re.i..l.ly..` and._Ro.bert_.H.....Mas.o.n.................................. i part ... Y..... of the first part, for..................................................................heirs, executors and administrators, do............ covenant u:ith. the said party of the second part, its successors and assi�171s, that .... ._....i.t.... i.s......................... well seized in fee of the lands and premises aforesaid, and ha...s....... sood right to sell and convey the sa7ne in i manner and form aforesaid, and that the same are free front- all incunzbrances, i i i t � ✓Ind the above huroaincel and nrratied lands and tn•em-ises, is?, the gn.iCt a,7a.d peaceable possessiorz of the said party of the second pa7•t, ils successors and assigns, against, a.lt persons lazvfualy clai7�zi.7 or to claim Warranty weed. Form No. 3—M.Miller-Davis Co., Minn-apolis, Minn. Individual to Corporation. + Minnesota Uniform Conveyancing Blanks (1931). Tbi!g 3inbeuture, 01-ade this ....................... .................................day of......":.......... .......... .......... ........ I 19...7.1..., between ...... Chanha.s.sen..H.q.1.d.ing... �9.�.,....a.... qo.-Par.t.tne.rs.h.i.p.... co. aisle..tong... of ... Do.nald...F...... Hagen ................ Herbert A. Mason, Eugene F. Reilly and Robert H. Mason Of the County of.._....Hennep..n....................................................and State of ......... 1Mn.ne.S.o.t.?.................... ....... ............................. , part _.y..... of the first part, and. .... Th.e_.u.i..1_l.a.ge.... af....Chanhassen ........................ ..... ..__...._.__ _.. _............ ...................... ............................................................................. a corporation under the lazvs of the State of ........... M.i.nne.s.at-a . - ............. . pCz7'tJ of the second part, Witlleg£:etb, That the said part..y........ of the first part, in consideration of the su7n of ..... ne..... .$.1....00).... Do.1lox ... and .... other ... go.o.d... and .... va.lu.a.b.J..e.... c.a.ns.�..d.er.a.k.i.an....-....-...-.. - _... _... BoP, to .......... it............... ...... _.... _...... _ ....in hand paid by the said party of the second part, the receipt zahereof is hereby acknozvled&d, do .... ... .. hereby Grant; Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the, tract..... or parcel..... of land lying and being i7a the County of ............ .Carves..... ................... ..... ....... ............... and State of .Minnesota, described as follows, to-zvit: Outlot C, Chanhassen Estates Second Addition, subject to the right of the grantor to construct a channel over, across and upon said Outlot C from Rice Lake to Outlot B in said Addition, within three years from the date hereof. l 1014 Ifo XG babe anb to 3�qoib dje *ame, Together with all the hcredi.taments and appurtenances tlzereunto belonging'. or in anywise appertaining, to the said party of the second, part, its successors and assigns, Forever. Ind the said ... .�ha.nha.sse.T.1... Ro..i,ding... ... �o.-.Pa.r.tne.r.s.hi.p.... c.ons.i.s.t.i.ng.... of- ......... Dona..1d....F.-....Ha.ge.n.,...kl.erbe.r.t.. A.....Ma.so.n...... Eu.gene....F...... Re.111y... and ... Robert ... H....Ma.san......... ............................ party........ Of the first part, for.._........._its.....................................................heirs, executors and administrators, do__.es. covenant wit& the said party of the second part, its successors and assigns, that*.., it Ls...............................well seized in. fee of the lands and preen-ises aforesaid, and ha._s....... Food ri,g'ht t0 sell and convey the. same in 7n.a.nner and form aforesaid, and that the same are free from- all incuan.bra.rices, I i .4nd the above harLairlerl and 1raaled lands and p7,e7nises, in, the. quiet a-nd peaceable possession of the said party of the secondpart, its successors and assigns, against all persons lan�f rill y c7ai7,iiRd or to claim • 47.,. .,.7,..7„ ". ,. .....•I rhn,v,nF e,iliirrf, fn i7,i•7d.777%A'77,77CP,S. if (L71.71. h.e7'C17I7)Cf01•e 7tiCntln7le(l, the, said part........... VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING NOTICE IS HEREBY GIVEN That the Village Council of the Village of Chanhassen, Minnesota, will meet on Monday, the 22nd day of March, 1971, at 8:15 o'clock 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 tract of land from a FARM RESIDENCE DISTRICT to a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: Outlots 1 and 2, Chanhassen Estates All persons interested may appear and be heard at said time and place. Dated: / G /. , 1971. BY ORDER OF THE VILLAGE COUNCIL � � L ( 1, �- �Le illage Clerk r� VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING AND PRELIMINARY PLAT CHANHASSEN ESTATES 2nd ADDITION NOTICE IS HEREBY GIVEN That the Village Council of the Village of Chanhassen, Minnesota, will meet on Monday, the 8th day of February, 1971, at 7:30 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 a portion of the following described land from a Farm Residence District to a Residence District "A" as defined in Chanhassen Township Ordinance No. 1, as amended: The East half of the Northeast Quarter, except that part embraced in Chanhassen Estates, and the Northeast Quarter of the Southeast Quarter, all in Section 13, Township 116 ;North, Range 23 West, Carver County, Minnesota. 2. To rezone a portion of the above described land from a Farm Residence District to a Residence District "B" as defined in Chanhassen Township Ordinance No. 1, as amended. (The request for said proposed rezoning is to allow for 8 double bungalow sites in the proposed plat of Chanhassen Estates 2nd Addition.) NOTICE IS FURTHER GIVEN That the Planning Commission will meet at the same time and place for the purpose of holding a public hearing on a proposed . �, preliminary plat known as "Chanhassen Estates 2nd Addition", dated April 28, 1970, last revised on October 13, 1970, and involving the above described tract of land. Said Council and Planning Commission public hearings shall be consolidated as one hearing. A plan 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:, I 1-i1 1971. BY ORDER OF THE VILLAGE COUNCIL Cler] Administrator c ir �rW Arc.. , ,�'" �.•e. s .�c i e . elI Qj 4eiAel � yE� ca Cr F y Jr dro F v ti'.tr� S �C arm fy — � oo S C /fr�s�•t,� �' �o Q 7 C .e4 £y f.� •.v - sis 10 ,Paz p /"'/wc-4. 4 cc G po¢ %-A r- ,:o .G-r J LC/-r S T Stanley L. Grismore 8001 Cheyenne Chanhassen, Minn. Rev. Dennis L. Lorenz 8005 Cheyenne Chanhassen, Minn. Alex Krengel 8009 Cheyenne Chanhassen, Minn. Kenneth Biersdorf 6512 Navaho Trail Edina, Minn. Robert Mason 14201 Excelsior Blvd. Minnetonka, Minn. 55343 STATE OF MINNESOTA) COUNTY OF CARVER ) ss AND HENNEPIN ) Kerry J. Grinkmeyer 8003 Cheyenne Chanhassen, Minn. Melbert Lenander 8007 Cheyenne Chanhassen, Minn. Robert W. Sieren 8011 Cheyenne Chanhassen, Minn. Mrs. August Sinnen Chanhassen, Minnesota I, Adolph Tessness, duly, appointed, qualified and acting Village Clerk for the Village of Chanhassen, Minnesota, do hereby certify that I have mailed to each of the persons listed above, a notice of public hearing to rezone Outlots 1 and 2, Chanhassen Estates. This notice was mailed April 5, 1971 Witness my hand and official seal at Chanhassen, Minnesota this 5th day of April, 1971. VillageClerk-Administrator VILLAGE OF CnAU1iASSrN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PunLIC HEARING ON PROPOSED REZONING NOTICE IS UREBY GIVEN That the Village Council of the Village of Chanhassen, Minnesota, will meet on Monday, the 19th day of April, 1971, at 8:30 o'clock p.m., at the Village Hall in said Village for the purpose of holding a public hear- ing on proposed rezoning in the Village as follows: 1. To rezone the following described tract of land from a FARM RESIDEME DISTRICT to a BUSIWSS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: Outlots 1 and 2, Chanhassen Estates All persons interested may appear and be heard at said time and place. Dated: April 5, 1971. BY ORDER OF THE VILLAGE COUNCIL c is ati-ator Publish April 8, 1971, Minnetonka and Carver County Sun VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING NOTICE IS HEREBY GIVEN That the Village Council of the Village of Chanhassen, Minnesota, will meet on Monday, the 19th day of April, 1971, at 8:30 o'clock p.m., at the Village Hall in said Village for the purpose of holding a public hear- ing on proposed rezoning in the Village as follows: 1. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: Outlots 1 and 2, Chanhassen Estates All persons interested may appear and be heard at said time and place. Dated: April 5, 1971. BY ORDER OF THE VILLAGE COUNCIL Clerk' -Administrator Publish April 8, 1971, Minnetonka and Carver County Sun OVERLAY FOR PROPOSED DOUBLE -BUNGALOW S/TES IN CHANHASSEN ESTATES 2ND ADD TION /00 -oo �0 1A o o� 2214.0 I <I 23 � s /05.-� { N0 a7- f " r /00' Prepared By SCHOELL & MADSON, INC. Engineers and Surveyors 5O Ninth Avenue South Hopkins, Minnesota 55343 December 31, 1970 OVERLAY FOR PROPOSED DOUBLE -BUNGALOW SITES IN CHANHASSEN ESTATES 2ND ADDITION V41<0 rA A YC-. ,v O e T" H 1" r JDo Prepared By SCHOELL & MADSON, INC. Engineers and Surveyors 50 Ninth Avenue South Hopkins, Minnesota 55343 December 31, 1970 Clifford A. Wiedman Robert Mason Gerald Soderlind Jack Clapp James Reija, Jr. Thomas Lenzmeier Ralph Pysick Dave Patterson Joe Garrett Robert Fortman Gary McCuen Henry K. Atwood Charles E. Brown Ronald B. French Glen Hill Stanley L. Grismore Conrad B. Fiskness Larry Ennis Ken Beiersdorf Geo. Schraers Mrs. Gust Sinnen MAILED TO THE ABOVE JANUARY 28, 1971 NOTICE OF PUBLIC HEARING ON CHANHASSEN ESTATES 2ND V'ULAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES WNN S-OTA pTOnm Ord r un uc_ HrAxNG ON P$OPQ3lrD ONIIaQ ANI) PREUK.NARY PL&[ CBANHASSEN ESTATES 2nd ADDITION NOTICE IS HEREBY GIVEN That the Village Ccuwil of the Village of Chanhassen, Minnesota, will meet on Monday, tine 8th day of February, 1971, at 7: 30 p.m. , at the Village Hail in said Village for the purpose of holding s public hearing on proposed rezokiing in the Village as follows; 1. To rezone a portion of the following deac,r-Abod land from a Farm lusidence District to a Residence District "A" as defined In Chanhassen Township Ordinance No. 1, as amended: ' lie East half of the Northeast Quartar, except that part embraced IIVChanhssaen Estates, and the Northeast Quarter of the Southeast Quarter, all in Section 13, Township 116,North, RanVe 23 Went, Carver Co"ty, Minnesota. 2. To rezone a portion cd the above described lard from a Firm Residence District to a Residence District "B" as defined in C hanMssen Township Ordinance No. 1, as amonded. (The request for said proposed rezoning is to allow for 8 double bungrilcw sites in the proposed plat of C:hanhasson Estates 2nd Mdltioe..) NOMCE IS FUIRTHER Gi'MN ThIt the Planniag Commission will meet at Vie samo time and place for *�a pvtpose of heldinq a public hearing on a proposed PrrslAxaMr-ary pP,ii,lc kamw,% as "Chanhassen Eatates 2nd Addition", dated Aprtil 28, 900, Rast mavAsed on October 13, 1970, and Livolving the above da;e;w1bMad fbraac 61 ll ndt S&Ad Council and Planning Commission public beadn0a zhaIlli be consolidated as one hearing, & pRw3 aN. v— '4%-; said proposed preliminary plat and proposed r6XWL'9UV is ravmifla�',le $;air Inspection at the Village Hall. Once" ARIL jMP.`.GS9tona ftakc%rtad rr cy appear and he heard at said time and LY ORDER OF THE VILLAGE COUNCIL Cla Administ-ator IV 0 �r CHANHASSEN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMO DATE: December 11, 1973 TO: VILLAGE ATTORNEY FROM: VILLAGE ADMINISTRATOR SUBJECT: Repair of pavement in Chanhassen Estates 2nd Addition Enclosure (1) is Schoell and Madson's letter dated December 7, 1973 1. Russ, enclosure (1) is forwarded to you for your review and comments. 2. I will need your legal imput on the request contained in the attached enclosure for my comments to the Village Council. WILLIAM D. SCHOELL A CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN _ LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL �. 3 6, 5 6 7 FRANK V. LASKA KENNETH W. MIL ~ AQT. SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, IVANNESOTA 55343 November 2, 1973 Village of Chanhassen c/o Mr. Lloyd Schnelle, Administrator Box 147 Chanhassen, Minnesota 55317 Subject: Depth of Blacktop on Roads in Chanhassen 2nd Addition. Gentlemen: Per your instructions of October 29, 1973, Henry Wrase and I drilled holes through the blacktop on all the streets in the above -named subdivision. We drilled 27 - 3/4 inch holes through the blacktop. These holes were spaced approximately 100 feet apart and were drilled alternately on either gutter line and the center of the road. On the gutter line they were approximately 3-feet from the concrete gutter. The gravel under the blacktop was compacted to such an extent that it was difficult to determine where the two types of material came together. However, in our judgment the blacktop thickness on all but one hole, which was 1-3/4 inches, was a minimum of 2-inches and a maximum of 2-1/2 inches deep. The specifications for this project was 2-inches in depth of compacted asphalt. In a conversation with Jack Bury, the blacktop contractor, this morning, he assured me that a contractor would be on the job on November 5, with the equipment to remove the damaged curb and gutter, and the work of replacing this and the blacktop removal and replacing would follow immediately. Very truly yours, SCHOELL & MADS*, INC. FVLaska:bk WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY n JACK E. GILL J �} FRANK V. LASKA KENNETH W. MILLER 1 Village of Chanhassen c/o Mr. Gerald Schlenk, Clerk P . 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Subject: September 27, 1973 ,Acceptance of the surfacing in Chanhassen Estates Second Addition. We had sent two letters to Bury & Carlson, Inc., on the surfacing job they had done on the above -named contract. The Contractor came in three times and patched places in the balck- top where the surface showed evidences of fraying. When the blacktop was removed in the checked areas, we examined the base and the blacktop placed and can verify that the base is six inches thick, of 100 percent compacted Class 5 gravel and the bituminous mat is two inches thick. The reason for breaks that had occured in our opinion, are due to the heavy loads of block, concrete, etc., that were hauled on these roads during construction. With these loads, a nine ton road should have been used instead of the seven ton type that had been specified. The home building construction is about over, therefore, the seven ton road will be ample for light trucks and passenger cars which will use these roads. We therefore recommend that you accept the roads. Very truly yours, SCHQELL & MADSCINC INC. Zl- �^ter Cam, i' FVLaska:be cc: Mr. Robert Mason WILLIAM D. SCHOELW CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA KENNETH W. MILLER (612) 93 Village of Chanhassen c/o Mr. Lloyd Schnelle, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 5-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 October 24, 1973 Subject: Chanhassen Estates Second Addition, Blacktop and Curb and Gutter Conditions. Yesterday morning a group consisting of Robert Mason, Jack Bury the paving Subcontractor, Adolph-Tessness, Bill Schoell, and the writer, met in our office and discussed the problem of repairs to the streets. Later we again walked the roads. It was agreed that the following work should and would be done prior to acceptance by the Village. 1. Repairs at' Catch, Basins Repair curb and gutter at four catch basins where cracked. The locations are as follows: Two curb and gutters at Dakota and Erie Avenues. Two curb and gutters at Dakota Lane and Cheyenne Trail. 2. Replace, Settled and Mi'splac d- Curb and Gutter One at Cheyenne near Dakota Avenue and the other at the radius at the end of Erie Spur. 3. Repair to Roadway The places where the blacktop surfac,ing,.by borings, showed less than two inches in depth and where the surface is distorted, will be replaced and corrected. The patches will be feathered out so as to present a smooth riding surface. SCHOELL & MADBON.INC. Village of Chanhassen Page 2 October 24, 1973 Here is a list of these places: Northwest corner of Erie Avenue and 80th Street. North side of Erie Avenue, immediately west of Dakota Lane. West side of Dakota Avenue, 150 feet, more or less south of Cheyenne Avenue. East side of Cheyenne, south of Dakota Avenue at 8039. 4. Remove and Replace Curb' and Gutter The curb and gutter show evidence of mistreatment, particu- larly at driveway entrances. We feel that the curb and gutter should be removed and replaced for whatever reason it has failed. Here is a list of the places where the replacement should be made: West side of Erie Avenue at the south end of the circle, west of Dakota Avenue. West side of Erie Avenue, just north of 8024 Erie Avenue. Driveway.at 8031 Erie Avenue and 8032 Erie Avenue. At Dakota Avenue, north of Erie Circle, there is no house on this lot. Driveway at 8039 Cheyenne. This work will all be done during this construction season. We recommend that the Contractor, after completing all these repairs, be given a release for this project. The driveway to the lift station, placed by the Metropolitan Sewer Board, has been overlayed with blacktop which was placed by a blade. The surface is very rough. We are planning to appraise the Sewer Board of this condition and hope to have an answer soon. Very truly yours, SCHOELL & MADSON, INC. F'VLaska:be WILLIAM O. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. EIREZINSKY JACK E. GILL FRANK V. LASKA KENNETH W. MILLER SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (6121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 July 23, 1973 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Attention: Mr. Ellis Jones Subject: Patching Black top in Chanhassen Estates Second Addition (Our Job No. 7586). Dear Ellis: Henry Wrase and I reviewed your patching of the black top in the above -named sub -division. I feel that you did an excellent job on this most recent patching job. My opinion, as outlined in the letter of June 27, 1973, still holds; whereby, I stated that you be held liable until October 1, 1973, for the spots which I had not seen you patch. There exists two spots that show evidence of fraying: one on the south side of Erie Avenue, near Dakota Avenue, and to;p other near Dakota Lane on Erie Avenue. Very truly yours, SCHOELL & MADSON, !NC_ FVLaaska:kf cAMr. Gerald Schlenk Mr.. Henry Wrase Mr. Bob Mason WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R.ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BRE21NSKY JACK E. GILL FRANK V. LASKA KENNETH W. MILLER SCHOELL & MAOSON.INC. ENGINEERS AND SURVEYORS (612) 8384601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 June 27, 1973 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Attention: Mr. Ellis Jones Subject: Faulty Spots in Black Top in Chanhassen Estates Second Addition. Dear Ellis: This morning, Henry Wrase and I, drove on the roads in the above -named subdivision to inspect the patching you did last week, without inspection by either Chanhassen or our firm. if you will remember, when I met you on the job site six weeks or so ago, you told me you would call beforehand, so we could see what caused those break-ups. Then you were to correct them after removing the faulty pavement. In our inspection, we found at least seven spots where the black top has failed in small disassociated places. From our observation, the failures were present before you patched the places you removed and replaced last week. We will not accept the black topping in this subdivision until all the bad spots have been patched. In addition, there must be an inspection from our firm present while the patching operation is in progress. Please let us know at least two hours before you plan on doing this work. We recommend that you be held liable for the spots already patched, until October 1, 1973. FVLaska:be cc: Mr. Jerry Schlenk Mr. Henry Wrase Mr. Bob Mason Very truly yours, SCHOELL & MADSQN, INC. ' l .40 JUN 1973 RECEIVED v:u.AGE ors CY) C.HANHASSM 0 P. MINN. C' CHANHASSEN HOLDING COMPANY Village Council Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Subject: Chanhassen Estates Second Addition. Gentlemen: Regarding the development of Chanhassen Estates 2nd Addition. It is our intention to cut in streets to sub -grade by July 15, 1971, install storm sewer by August 1, 1971, install stabilizing gravel by October 15, 1971, install finish asphalt street and curb by July 1, 1972, install street signs by July 1, 1972, install boule- vard sod at the time of sodding front yards on each lot, install driveway approach at time of installing driveway, install street lighting by July 1, 1972. Very truly yours, CHANHASSEN HOLDING COMPANY Robert H. Mason, Partner RHMason:bk WILLIAM D. SCHOELL CARLISLE MADSON SCHOELL & MAOSON, INC. ,IKw ENGINEERS AND SURVEYORS PHONE 838-7801 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 Robert Mason, Inc. 14201 Excelsior Boulevard Minnetonka, Minnesota 55343 Attention: Mr. Robert Mason Subject: Dear Mr. Mason: October 17, 1972 hW •r OCT 1972 � Mi1NN�NM _ OL� Blacktop Roads, Chanhassen Second Addition. The Road.Supervisor of Chanhassen, Mr. Wrase, and myself,. toured the above named project on October 16th, 1972. Here is a list of our findings: (1) On Erie Avenue, there still remain four individual spots where the black top has broken down completely. (2) West of the entrance off Dakota Avenue, the black top has shifted to the north gutter line. (3) On all of Erie Avenue in general, the riding quality is bad, settlement has occured not in one location, but on many places throughout its length. Some places have a peak on the centerline, in others, a sag on one side or the other of the centerline. The best solution to this black top is to have the Contractor take out the deteriated blacktop and sub -grade, and patch those places this year. Next spring correct by patching all the distorted spots in the road, then sand and seal coat Erie Avenue in its entirety. This will restore the road surface satisfactorily and take away the stigma of all the patches. There is another matter which is of concern to the Village. That is the raised curb and gutter on the southeast corner of Erie Circle. This must be removed and a new curb section poured in its place this year. The concrete now is two inches above the black top and with snow plowing, soon to start, there is danger to the blades. Very truly yours, FVL,ska:dr SCHOELL'6 MADS , I C. cc: Mr. Adplph Tessness ` Mr. Wrase SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM O. SCHOELL CARLISLE MADSON I PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, August 15, 1972 Bury and Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 A 55343 4'�r - c�u PACs ��oF rti' v "OP Subject: Blacktop in Chanhassen Estates Second Addition. Gentlemen: We have made an inspection of the blacktop you placed in the above named addition. We found several places in the subdivision where the blacktop shows evidence of breaking up. This must be corrected this year. I would like to meet with you.on the project and discuss the method of correcting these faults.. Very truly yours, SCHOELL & MADSQN, INC. FVLaska:dr cc:\'Village of Chanhassen c/o Mr, Adolph Tessness r� •=� SCHCELL MAOSi7N,INC. ENGINEERS AN❑ SURVEYORS WILLIAM O. SCHOELL CARLISLE MADSON PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 August 15, 1972 Mr. Robert Mason Robert Mason Inc. 14201 Excelsior Boulevard' Minnetonka, Minnesota 55343 Subject: Cleaning Sanitary Sewer Lines in Chanhassen Second Estates Addition. Dear Bob: You were present when we had the inspection of the sanitary sewer lines in the above named project. As you know, all the manholes but one had dirt in thema in. one, a concrete block was found on the floor of the manhole. In a few manholes wood shims had been placed to raise the castings to grade. At this inspection meeting, it was mutually decided in the presence of the Chanhassen Sewer Superintendent, the Contractor, Fox & Weiler, Inc., you and I., that you would clean the earth out of the manholes and replace the shims under the castings. However, the lines must be flushed in order to make certain that no dirt remains in the lines. This will have to be done by using water from the fire hydrants and transporting the water from the hydrantsby a hose. I am certain that arrangements can be.made to use some hose that Chanhassen can furnish. We. will not allow this dirt to be run into existing lines which feed to the sewage lift station. Therefore, you will have to plug the lines in the manholes in Chanhassen . Estates First Addition and pump_the water you have run through the lines from those manholes, then clean the accumulated dirt out of those manholes. This process will have to be re- peated until no more dirt is deposited in the clean out manhole.s. This seems a drastic way to accomplish the Village's aims, but we must make sure that no dirt.remains in the lines or manholes before they will be accepted by the Village. SCHOSLL & MAOSON, iNc. Mr. Robert Mason Robert Mason Inc. August 15, 1972 Page 2 Please let us know when you will be ready for the flushing and we will be in attendance. Very truly yours, SCHOELL MAD. ---IN, INC. FVLaska:dr cc: Village of Chanhassen, c/o Mr. Adolph Tessness Mr. Jerry Schlenk SCHOELL & MAOSON,iNc. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7801 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 August 3, 1972 Mr. Robert Mason Robert Mason Inc. 14201 Excelsior Boulevard Minnetonka, Minnesota 55343 �4� AUG 1972 VILLAGE CHANHA ,S'LN. :v MINN. Y.. Subject: Cleaning Sewer Lines in Chanhassen, Chanhassen Second Estates Addition. Dear Bob: I have talked to Adolph about the above named subject. He said he was not thoroughly familiar with the situation and said that I should talk to' the Maintenance Superintendent next week after he comes back from his vacation. . This I.will do on August 7th. At that time, we will set up a date to check for obstructions in all the lines and manholes. This will be the Village's final check before accepting the water and sewer lines for maintenance. We will have a representative of Fox and Weiler, Inc., the sewer and water Contractor, there and we would like to have a representative of your concern also present. at that job site review. I will let you know the date and thetime of the meeting. Very truly yours, SCHOELL 9 MADSON,, INC. FVLaska:dr cc: \V Mr. Adolph Tessness Fox & Weiler, Inc. SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 July 11, 1972 Mr. Adolph Tessness, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Sanitary Sewers, Chanhassen Estates Second Addn. Dear Mr. Tessness: This morning I met Jerry Schlenk in Chanhassen Estates Second, inspecting the sewers. Several manholes are still partially filled with gravel which appears to have been dumped into them during the road final grading or graveling operation. Proper operation of the sanitary sewer system for those houses already hooked up is impaired to the point that backing up into basements may be expected soon, unless the manholes and probably the lines are immediately cleaned out. I suggested that Jerry arrange to have the lines and manholes cleaned out, or request Bob Mason to arrange for this, since the cost is his obligation. Later I found that Bob was out of town for the rest of the week and his assistant called to get information needed to authorize the work. Our letter of June 22nd also covers this subject, but apparently Bob Mason didn't receive this letter. Purpose of this letter is to encourage the immediate carrying out of the cleaning work to prevent any possible backing up due to dirt in the lines. We attach copies of our letter of June 22nd in case others missed it initially. Very truly yours, SCHOELL & MAD§ON, INC. WDSchoell:sd cc: Mr. Robert Mason Mr. Jerry Schlenk WDSchoell:sd cc: Mr. Robert Mason Mr. Jerry Schlenk T='=- SCH®ELL & MAOSON. tic. M ^?'✓- - ENGINEERS AND SURVEYORS WILLIAM O. SCHOELL CARLISLE MAOSON I PHONE 83B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 June 22, 1972 Robert Mason, Inc. 14201 Excelsior Boulevard Minnetonka, Minnesota 55343 Subject: Sanitary Sewer Manholes and Line in Chanhassen Estat S Second Addition. l Dear Mr. Mason: I met with Mr. Fox of Fox and Weiler, Inc., the Contractors who put in the sewer and water in the above named addition. This morning, June 21st, we were sorry you .could not have been on this field trip. However, this is what we saw. We took off the covers of various manholes in the area and found dirt in all of them and Manhole No. 11 on Erie Avenue has water in it to within five feet of the top. We also .found in some cases, that the manhole castings were seated on earth instead of on concrete rings. Mr. Fox and Mr. Ed Haftings, our inspector, had gone into every manhole on the job, between August 20th and 26th5. 1971, and inspected -the lines and manholes.before final payment was made, and found them clean. I -therefore feel that since the sewer contractor had finished his part of the project, and left no dirt in the manholes, that he is absolved from any claims for faulty workmanship in leaving the manholes with dirt in them. The Village will not assume any responsibility for the earth and debris in them, consequently it remains your problem to make the manholes and lines serviceable. The blacktopping job looks good exceptthere.are a few places, particularly .on Erie Avenue and Dakota Lane where the roller had riot taken out the ridge in the center of the street and on Erie Spur and Erie Avenue, where there is a small. pocket of water. __9CHOELL. & MADSON.INL. Robert Mason, Inc. June 22, 1972 Page 2 On the southwest corner of Cheyenne and Dakota Avenues where you placed the curb and gutter on the side of a house in the First Addition, who is to sod this ditch left by the.cor_crete curb and gutter Contractor? On the southerly outlet of Erie Circle, where no blacktop or curb and gutter has been placed, Bury and Carlson, Inc., hauled in some Class 5 and bladed this doom. The last rain washed a ditch, mostly on the southerly side of the Class S. This should be temporarily barricaded so no one would drive on it. However, I would like to discuss with you how you plan to handle this street for the future. We noticed that some one, and we assumed it was an employee of yours, dug a hole on the southwest corner of Erie and Dakota Avenues to repair a broken valvestop box. This hole must be filled with gravel and compacted. . I did notice that the Highway Department had cleaned out the "Duck Ponds" on both sides of Dakota Avenue at Trunk Highway No. 5. Very truly yours, SCHOELL i1ADSON, INC. FVLaska:dr cc: Mr. Adolph Tessness SCHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 May 30, 1972 Mr. Adolph Tessness, Administrator Village of Chanhassen P. 0. Box 147 Chanhassen, Minn. 55317 Subject: Temporary Sewage Disposal, Chanhassen Estates Seoond Addn. Lot 15, Block 4 Dear Mr. Tessness: As requested, we have worked out a method of temporarily serving the new home on the above lot with sewage disposal until the Metro Sewer Board Interceptor is built and operating.. Mr. Mason has indi- cated that he has promised occupancy of this home shortly, based on past estimates that the interceptor would be in place and operating by now. Since the soil in this area is dense and substantially incapable of absorbing liquid, we recommend that sewage be allowed to drain into the sewer system near the home, but the lower end of this line plugged tightly. It will then be necessary to pump regularly from the next upstream manhole, located in the cul-de-sac at Erie Circle. Because of the light use, we do not think it will be necessary to aerate this manhole, but in case noxious odors occur, a small blower and perforated plastic tube might need to be used to keep the sewage fresh between pumpings. Very truly yours, SCHOELL & MADSON, INC. WDSchoell:sd cc: Mr. Robert Mason NORTHERN STATES POWER COMPANY MINNETONKA DISTRICT EXCELSIOR, MINNESOTA 55331 BY THE WATERS OF MINNETONKA" January 4, 1972 Mr. Adolph Tessness, Clerk -Administrator Village of Chanhassen Chanhassen, Minnesota 55317 Dear Mr. Tessness: Installed 12-175 watt Mercury Vapor Ornamental Street Lights Installed 12-15-71 Estimate # 30,346 Chanhassen Estates 2nd Addition OWN/eb Very truly yours, 0. W. Northrop Consumer Services Manager Minnetonka Division SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 05111GUMN17 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 938-7601 October 20, 1971 Village of Chanhassen c/o Mr. Adolph Tessness, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Storm Sewer Drainage, Chanhassen Estates Second Addition. Dear Mr. Tessness: Enclosed please find a sketch showing two catch basins to be placed westerly of the radius point on Erie Avenue. The Developer, Mr. Robert Mason, will make this installation before he places the concrete gutters in that location. He also will provide compaction on this new installation so that no settle- ment will occur in the black top or the concrete gutter. We understand that Dakota Avenue is to be regraded and a new blacktop mat placed on it in the near future. We, therefore, feel that this installation should -be in accordance, grade wise to the future grades on Dakota Avenue and that the grates on all catch basins be set a minimum of 2 inches below finished roadway grade. Very truly yours, SCHOELL & N105 N. INC. FVLaska:dr enclosure cc: Mr. Robert Mason CHANHASSEN ESTATES STORM SEWER ADDITION ENGINEERS & SURVEYORS 50 NINTH AVE. SOUTH HOPKINS,. MINNESOTA 19 OCT. TI 7 ', R.USSEEL H. LARSON ATTORNEY AT LAW 1QOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335--9565 September 28, 1971 . r. earl . I; -nscn Re,54ster of ^eels r'etr;er C oc„ ty Courthouse Chaska, Minnesota Re: Outlots anc' , Chanhassen Estates 2nd ..dition Dear Carl: lease, in the usual course . - business, cause thy: attached deeds to I ea re,_ r rded and then returns-1 to -le. These deeds are exempt state deed tax. Thank. I ou 'or your cooperation. Very truly yours, 'lussell H. Larson RHi:b .,ill- ssen 'illage Attorney --nclosures cc Adolph Tessness WILLIAM D. SCHOELL CARLIE SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS 7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 June 14, 1971 Mr. Adolph Tessness, Clerk -Administrator P. 0. Box 147 Chanhassen, Minn. 55317 Subject: Chanhassen Estates Second Addition; Road and Utility Improvements Dear Mr. Tessness: In response to your request, we have reviewed the improvements required to be made in connection with the platting of the subject area and made cost estimates for wuch work, as follows: Sanitary Sewer & Water Contract Cost, Fox & Weiler $80,320 Estimated cost of staking,inspection & as -built drawings 10,800 Estimated engineering, 6 % of contract 5,200 Miscell. legal, administrative & bonding 4,880 Estimated Total Sewer & Water Cost $101,200 Street Construction General regrading and site grading (GL) $ 4,000 Gravel and Blacktop surfacing (Plehal) 34,000 Estimated Total Street Work 38,000 Contract Cost, Fox & Weiler 4,901 Estimated Engineering & Contingencies, 25% 1,299 Estimated Total Storm Sewer 6,200 Estimated Total Cost Under Village Contracts $101,200 Estimated Total Cost By Subdivider $44,200 Plus Overage per Ordinance, 10% 4,420 Total Amount For Bond to Village $ 48,620 All estimates are based on fixed price contracts which the subdivider has negotiated, with some allowance for averages. Very truly yours, WDSchoell:sd ex cc SCH0 & MAD N, C. cc: Mr. Russell H. Larson .� SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, %,11NNESOTA 55343 ga, "119 June 11, 1971 �9 1 Village of Chanhassen co G�� Of c/o Mr. Adolph Tessness, Administrator Rqk%.NNp SIN' Box 147 � GAP Chanhassen, Minnesota 55317 �Cremsncfi2.�� Subject: Chanhassen Estates Second Addition, Water and Sewer Improvement No. 71-3. Gentlemen: Herewith are 3 copies of the Contract for subject work. Please sign all 3 copies and return those marked "Contractor" and "Schoell & Madson" to this office. In regard to PCA approval, we called Mr. Mike Zagar in that office and found that the plans have not yet been reviewed and that it may take 2-weeks to get approval.because of their present work load. However, there can be no problem as long as no connections are made prior to the time the Metro work on the Chanhassen interceptor is operational. Very truly yours, SCHOELL & MADSON, INC. BRKe l ley : dr enclosure Fk SCHOELL & MADSON.INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 65343 June 10, 1971 Mr. Robert H. Mason Robert H. Mason Construction Co. 14201 Excelsior Boulevard Minnetonka, Minnesota 55343 Subject: Costs for platting and staking of streets and utilities at Chanhassen Estates 2nd Addition Dear Bob: In reply to your call regarding costs for completion of our work on the subject project, -,we submit the following as an estimate only. The following items are included in the services we would furnish: 1. Staking streets for gravel and blacktop. 2. Staking all lot corners, once. 3. Staking storm sewer. 4. Setting Cast Iron Monuments on outside boundary. 5. Prepare as -built street and storm sewer plans. 6. Completion of final plat, including printing. lie believe we can furnish the above items for a cost not to exceed $7,4,00.00. This is only an estimate and can change • if we have to replace a large number of stakes because of their being removed by•chi.ldren or others. In addition to the above, the following items will be furnished on the sewer and water project: 1. Staking sanitary sewer. 2. Staking water main. 3. Prepare as-builts on sanitary sewer and water. 4. Inspection of sanitary sewer and water. SCHOELL & MADSON.INC. Mr. Robert H. Mason June 10, 1971 Page 2 We believe we can furnish th-e above four ite►ns for a cost not to exceed $10,800.00. This is an estimate -only. This work will be paid for by the Village of Chanhassen and will be paid for by you through assessments. If we can be of further assistance, please feel free to call. Very truly yours, aSC-"DELL & MADS.QN, NC)24 n k)j TDKemnassg 0-0-'� 100 I1 )II' K6-7t RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Village Council Village of Chanhassen Chanhassen, Minnesota Dear Council Members: April 29, 1971 55317 Re: Zoning of Outlots 1 and 2, Chanhassen Estates TELEPHONE 335 - 9565 It is essential to a full understanding of the difficult problem presented by the pending application to rezone Outlots 1 and 2, Chanhassen Estates, to the commercial zoning in force prior to the merger of the village and township that there be a careful examination of the facts and law which brought the problem into existence. On December 15, 1966, the Minnesota Municipal Commission (MMC) made its order under Minnesota Statute 414.02 , subd. 5 (enacted in 1965) , that the village and township consolidate to form a single new municipality. By statute the order for consolidation was not effective for at least 60 days after the date thereof in order to afford resident freeholders the right to petition for an election. On February 13, 1967, and within the 60-day period, a petition for election was filed with the MMC; and on March 27, 1967, the MMC made its order for an election on May 2, 1967, on the question of whether the town and village should merge. On January 23, 1967, and within the above 60-day period, the land in ques- tion, which was then under the jurisdiction of the "old" village and its ordinances, was rezoned by the village council from a residential use to commercial use. The ordinance accomplishing this rezoning was published on February 2, 1967. The present owner of the property, Chanhassen Holding Company, was the owner at the time of the rezoning in 1967. Village Council -2- April 29, 1971 The merger of the village and town was approved by the voters at the election of May 2, 19 67; and the MMC , acting pursuant to Minnesota Statute 414.02 , subd. 5, ordered the election of the new village officers on June 20, 1967. Until the election and qualification of such officers, the town board continued under the law to exercise its powers and duties under the town laws in that portion of the village that was formerly the town, and the council of the former village continued under the law to exercise their powers and duties in that portion of the new village included in the former village. The statute, at subdivision 5, further provided thereafter that "every town ordinance and resolution imposing regulations upon persons or private property within the new village shall continue in effect and become effective throughout the new village until repealed or superseded by new village ordinance". In effect, Minnesota Statute 414.02, subd. 5, by operation of law (see copy of statute attached) , repealed all ordinances of the old village without notice to the general public. The result of this repeal by statute was to create many anomalies, not the least of which was the matter of zoning. In this case the old village ordinance zoning the lands for commercial use was abolished by operation of the statute and the lands became a farm -residence district under the township zoning ordinance, all without the knowledge of the owner. The inoperable and inequitable consequences of Subdivision 5 of Minnesota Statute 414.02 soon became apparent to the legislature, for in 1969 it re- pealed Subdivision 5 in its entirety and enacted Section 414.021 (see copy of statute attached) to provide the exclusive method of consolidating an existing municipality and an abutting township into a single new municipality. This new statute, at subdivision 3(p) provides, in part, as follows: ".......The ordinances of both the consolidating municipality and the township shall continue in effect within the former boundaries until repealed by the governing body of the new municipality. " It is obvious that had the Chanhassen merger taken place under the 1969 law the present problem would not have arisen and the zoning of these lands would remain as commercial. Unfortunately, the 1969 law contained no retroactive provision and, ordinarily acts of the legislature are not given retroactive effect unless expressly declared so by the legislature or it appears that it was clearly and manifestly so intended by the legislature. Minnesota Statute 645.21; In re Gardner's Trust (1963), 266 Minn. 127, 123 NW 2d 69. Village Council -3- April 29, 1971 As there are no court decisions of record dealing with the specific problem in this case we must seek out the intention of the legislature in enacting the 1969 law, and also apply general principles of zoning law to our facts in order to reach a determination of the issue. Notwithstanding the absence of a specific retroactive provision in the 1969 law, considerable weight must be given to the obvious intent of the legislature to correct what it must have recognized to be an impractical consequence of the now repealed subdivision 5, and in this context it can be strongly urged that the legislature clearly and manifestly intended a retroactive effect to its 1969 law in order to remedy the unfortunate results of the now repealed law. The application of repealed subdivision 5 of Minnesota Statute 414.02 was to rezone these lands by an act of the state legislature without any consid- eration given to previous zoning by the municipality. The power to enact zoning ordinances of a local nature has long been vested in municipalities, not the state legislature. An enactment of a zoning ordinance or statute which results in a total destruction or substantial diminution of value of property affected thereby without just compensation may in a given case constitute the taking of property without due process of law. Olsen v City of Minneapolis (1962), 263 Minn. 115, NW 2d 734. An interesting expression of this general rule, and one which has some relevancy in this case, is found in the case of Alexander v City of Minneapolis (1963), 267 Minn. 155, 125 NW 2d 583. The Minnesota Supreme Court in the Alexander case discussed zoning enact- ments which resulted in the taking of property without just compensation in violation of due process of law, and then went on to say: "Where the motivating basis for such enactments is in furtherance of the esthetic concepts of nearby property owners who are not called upon to make compensation to the owner for any resulting loss or diminution in the value of his property, this would be particularly true. Numerous courts have given approval to the doctrine that where zones have been established in a municipality, and property has been purchased with intent to use it in conform- ance with such zoning, the purchaser ordinarily has a right to so use it. " 0 Village Council -4- April 29, 1971 It must be kept in mind that we are concerned only with the impact of Sub- division 5 of Minnesota Statute 414.02 on the lands in question, and that we are not dealing with rezoning as part of a comprehensive zoning plan. This municipality has the authority to zone these and other lands under a comprehensive plan and it is not for a court to examine into the good faith of the council in rezoning unless the council proceeded in an unreasonable, arbitrary, or discriminatory manner under established limitations upon the police power. Policy of a zoning ordinance is not for the courts, and only when exercise of legislative power constitutionally affects personal or property rights do the courts take cognizance. Kiges v. St. Paul (1953) , 240 Minn. 522, 62 NW 2d 363. It is my opinion, after examination of the facts and law pertinent to this case, that by repealed Subdivision.-:5 the legislature may have constitutionally affected the property rights of Chanhassen Holding Co. in an unreasonable, arbitrary and discriminatory manner. It follows, therefore, that the owner may be entitled to relief by a court from the effects of this act. The fact that Subdivision 5 was repealed and Section 414.021 was enacted in 1969 is a very strong argument in support of this opinion. Something also can be said for the view that it is unconscionable and manifestly unjust to take advantage of a quirk in the law. Very tr y your Russell H. Larson RHL: b Chanhassen Village Attorney Enclosures cc All Council Members John Neveaux, Chairman, Planning Commission 4fMNO r� 14201 EXCELSIOR BOULEVARD • MINNETONKA, MINNESOTA 55343 TELEPHONE 935.3486 March 3, 1971 Chanhassen Village Council Chanhassen, Minnesota 55317 Dear Sirs: When the Sanitary Sewer and Water Mains were installed in Chanhassen Estates — 1st Addition, we were permitted to pay for these improvements on a 15 year installment basis. We respectfully request that the Village of Chanhassen install these services for the 2nd Addition, and would appreciate having consideration given to payment of the sewer and water improvements on the addition for a minimum period of three years. There will be approximately three development loans envolved, and the loaning institutions will require that the improvements be paid for prior to making the loans. We will install storm sewers and streets. If there are any questions concerning this matter, please call me at once. Thank you. Yours very truly, ROBERT H. MASON, INC. Robert H. Mason, President RHM/kh Form No. r7.4 Filed by 1-Y2me : Adftless: RE: The fol.l.oi,"_rw� dnso-.'%Ad real Ir 7% T A TT T A t% A T.TWP. NSF m L"T - "Y il 'JJLJ%-T !., r rroperty the -'�;at t7oe above rce.1/s of -K.,.,opc-rty be re-,zc.ied an: —Zone District an DI--trAct m 4OT14ST(I auo2 :*eTs 4 GTCI auo2 u-e 04 tuv Q�a7 peuoz—es oq _ 4.zedoad jo s/;,eosad pogYs�-;sep e,&oge eLi ��T,?. _t �er.�ca :ti _ Lns�:: �I:��s ►gO.'Gq op uuss�equler�0 �o o �iITA eqj uzq+Tr•1 d4sedoad TVGJ 3o s/.xoww peuOTsaepun @Ljj KaSSVjjjsT.vHO 30 SOVI IIA SHZ 30 NOISSibJ.L100 VNINN `: "Id Si. _: Oi, :A4aoj,.a I Ivej pegyaosep 9u,Aolto3 eq.L :ad t ssoappv : ewLDl Aq paT-Fji 'L 1. IQ r,TI%,oz 01 173 'aU *ON wjOA WILLIAM D. SCHOELL CARLI: SCHOELL & MAOSON, inic. ENGINEERS AND SURVEYORS 1614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 January 22, 1971 Village of Chanhassen c/o Adolph Tessness, Village Administrator Box 147 Chanhassen, Minnesota 55317 Subject: Chanhassen Estates 2nd Addition Water and Sewer Gentlemen: Pursuant to your request we have studied the proposed water and sewer laterals to serve Chanhassen Estates 2nd Addition to determine feasibility and probable cost. Streets have been rough graded in the proposed sub- division of 73 lots located south and west of Chanhassen Estates. The area is bounded on the south by Rice Marsh•Lake. The proposed Lake Ann trunk sewer is planned to traverse the southerly .boundary of the proposed plat. Existing water mains and sanitary sewers in Dakota Avenue and Cheyenne Avenue in Chanhassen Estates can be extended as shown on the attached Drawing No. 6889-1 to provide lateral service to the 2nd Addition. Sewers to the southerly part of Dakota Lane and Erie Circle can best be served by direct connection to tla Lake Ann trunk. Provision would be made for future water and sewer extension to the Sinnen Property abutting on the west. It is anticipated that the water system will eventually be looped through the Sinnen Property and north on Great Plains Boulevard to provide better and more reliable distribution. Present supply to the area is through a single main on Dakota Avenue. The estimated costs of the proposed improvements are $62,200 for sanitary sewer laterals and $55,800 for water laterals. These estimates include service stubs to each lot, engineering and contingent costs. Assuming an equal assessment SCHOELL & MAOSON.INC. Village of Chanhassen January 22, 1971 Page 2 to each --lot the costs would be $853 for sewer lateral, $764 for.wa ter laterals for a total estimated cost per lot of $1,617. In conclusion, the proposed improvements are feasible and can be constructed for the estimated costs. A portion of the Lake Ann trunk sewer will be needed to serve about 17 lots on the south side of the proposed plat. Cost estimates are based on the best information available and are related to an Engineering News Record Cost Index of 1466, however, costs shown are estimates only and the Engineer cannot be responsible for fluctuations in costs. Very truly yours, SCHOELL & MADSON, INC. I � BRKe lley : dr I i i i i i i i EXISTING SEWAGE TREATMENT PLANT O®•®�®•6o•- i i Z e XISTING LIFT STA. I r Z :D8O POSED LAKE ANN 0 TRUNK 0 Z cc IZ W W > Z ire z Q W U' _ VILLAGE OF CHANHASSEN, MINNESOTA Chanhassen Estates 2nd Add. Water & Sewer Existing Sewers Proposed Lateral Sewers �i Existing Water Mains i Proposed Water Mains ! Proposed Assessment Area SCHOELL & MADSON, INC. /RICE MARSH LAKE Engineers & Surveyors Hopkins, Minnesota January 1971 / 4.Scale 1�!'__.=__400'_-. Drawing No. 6889-1 14201 EXCELSIOR BOULEVARD • MINNETONKA, MINNESOTA 55343 T E L E P H O N E 9 3 5- 3 4 8 6 January 14, 1971 Zoning and Planning Commission Village of Chanhassen Chanhassen, Minnesota 55317 Attn: Mr. Adolph Tessness Admininstrator Re: Chanhassen Estates 2nd Addition Gentlemen: 19 JAN1971 RECEIVED VILLAGE OF CHANHASSEN,, MINM. Iry We request a change from our original plat submitted to you previously. The original plat had all lots R-1, and we request a change of Lots 8, 9, 10, 11, 12, 13, 14 Block 4, and Lots 22, 23, 24 Block 5 to be changed to R-2 with a reduction of one lot in each block making the new lot arrangement with R-2 zoning Lots 8, 9, 10, 11, 12, 13 Block 4 and Lots 22, 23 Block 5. Enclosed is a copy of R-2 lot overlay. Yours truly, CHANHASSEN HHOLLDING CO. Robert H. Mason RHM/gl R EaG I1L O ERRED W 14201 EXCELSIOR BOULEVARD • MINNETONKA, MINNESOTA 55343 T E L E P H O N E 9 3 5- 3 4 8 6 January 6, 1971 Mr. Adolph Tessness Village of Chanhassen Chanhassen, Minnesota 55317 Dear Adolph: JAN 1971 RECEIVED VILLAGE OF CHANHASSEN, MINN. c When the Sanitary Sewer and Water Mains were installed in Chanhassen Estates — 1st Addition, we were permitted to pay for these improvements on a 15 year installment basis. We respectfully request that the Village of Chanhassen install these services for the 2nd Addition, and would appreciate having consideration given to payment of the sewer and water improvements on the addition for a minimum period of three years. There will be approximately three development loans envolved, and the loaning institutions will require that the improvements be paid for prior to making the loans. If there are any questions concerning this matter, please call me at once. Thank you. Yours very truly, ROBERT H. MASON, INC. Robert-H. Mason, President RHM/gl F-77 November 209 1970 tinneapolis, Unnesota 55WI Chanhassen Holding Coapmny 14201 i�Kcelsior Blvd. Minnetonka, !Uumsota 55343 Centlemen s ValuatiAMAJ R :ie s Su'wxiivision do. 2940 Chanhassen :::states -tad Addn, w�nhwwen, r innesota 55317 Your request for M. consideration of the above proposed development has been given careful attention. fter Inspection of the site and Initial study of the information you furnished us, we believe that development of your tact for residential purposes is appropriate as outlined below. For your tract of 32 acres, single-family detached dwellings in the $28.000 to }4.000 price range, including the lot, would be desirable with 134o5W as typical. This typical property would include a 1,100 sq. ft., 1 story dwelling having 5 r000s, 1; bathe, 1 car garage, and a lot size of 90 x V4. The tract should be all -residential. variety of house design, size and price rangy is recommended, For utilities, we have Lased our consideration upon service of pro- posed properties by municipal imter supply by Village of r_,hanhasaen and Village se age jisposal systom by Village of Chanhassen. Good standards of subdivision design, protective covenants, draina&s and street improvements are feasible and are necessary to attain a successful. development. The enclosed FFL. Data Sheets may be helpful. ,-Iso, please understand that the above program is tentative, ji, must analyze your proposed subdivision layout and Laprovements before acceptance of applications for mmrt~ insurance. To expedite our analysis kindly furnish us the following: 1. 1 copy proposed protective covenants per Data Sheet 40, enclosed. 2.. 2 copies neighborhood lot and block drainage and. grading Plan per a,ta Sheet 72 and 150, enclosed. This plan should stow clearly how surface water will be carried off the lots, out of the blocks Chanbz weA Ho1ai ng Co bdivisi on fihmbad and must chow prorntd fib '� *leva tiom at the four .:lot, co=ora, house umatioa and tho stre*t cenur une +alevatiQ,-1 at 100 * lutenmla, This pl= xiust show oxigin I g unt ntoux�* plus looati.onx of any proposed sodded tervaces. 2 copiez report of soils borin, s u1nimm of 5° bolow PwOPoftd footing depth* to shop cross section of oub-mmlace oonditione and eater tabU t if any. if review of prell-airazy no is mart in - die& -tea questionable water table or footing comation, it ri . necessary to quirs additional bogs aa'or ilz tests. would 11,5{e 46 bours notioe prior to maw the above t--ata; that s can obaem therm In adedtlon, the rin ho .d :L oludr, percolation on teams desi��d to show aultatbil i.ty :Vor ops ti r, of i divi.dua3 aCIM&A di 'sa-1 systems. 4. ,a overan storm drainav plan showinf; 1coatione of all Ito aeiieere, open chamelat natural. drain Eavays and the dmimge Xor each point of Intertmption along the systevi. Include tors sawer profilaso showing tygz, si . Smde of pipe. copy of ilesiV mnputatiom and data and oomplete outfall irafaniation, 5, Typical street _ section aho a'g, materials required and thi.ck- a,p. Upara recoi..pt of acceptable exhibits i gill uake a pavAmmy p analy4sia. We expect this ..-AI result in ism oa of a subdivision si,on re- port for your tract. Subject to t1w #eras of the report, W- si 11 then be 11ad. to ."eve appl.i.cati.ons on Individual propertion. in tba iya_ term, pleans fool free to discuss with us 1uestiow rav problume you may have. $1ACc ly, Joseph V. a_-4 blsr DIrO&LOX Yox 147 alwUhuament 'Ann. 5531 i :-..F. ilk SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, :%11NNESOTA 55343 1 October 8, 1970 Planning Commission Village of Chanhassen Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, Chanhassen Estates 2nd Addition Gentlemen: This preliminary plat was produced by our office with the permission of the Village Council. We have the following comments: GENERAL 1. The plan follows the general plan approved as a preliminary lotting sketch when the First Addition was platted. 2. The subdivision contains 73 lots and 3 outlots. The average lot area is 15,760 square feet and the minimum lot area is 11,700 square feet. STREETS 3. Access to Highway No. 5 is over existing Dakota Avenue. 4. Access to the Sinnen Property, to the west, is provided at two points, the first at about 1,200 feet south of the intersection of Dakota and Erie and the second about 900 feet further south. These accesses will provide sufficient circulation for emergency vehicles, street maintenance, etc. 5. The rear of Lot 11, Clock 4, is about 250 feet south of the centerline of existing Highway No. 5. This will provide sufficient future right-of-way width for a future eastbound double lane south of the present mat (at 70 foot centers), a future service road (at 75 foot centers) and an additional space of 80 feet to the future right-of-way line (a total distance of 245 feet). Planning Commission October 8, 1970 Page 2 DRAINAGE 6. Catch basins and a storm sewer are provided at the intersection of Dakota Lane and the point where Erie and Cheyenne Avenues meet. Pipe is provided to convey drainage to a ravine about 170 feet south and for 100 feet into the thread of the ravine. Additional width of drainage easement should be provided at the rear of Lots 8,9, and 10, Block 2, to conform with the thread of the gully. 7. An 18 foot wide paved swale, with an inverted crown should be constructed on the section of Erie Circle from the cul-de-sac to Outlot C. This shall be used for a drainage swale and a driveway for access to the new lift station. SANITARY 8. The sanitary sewer plan and water plan are satisfactory. SEWER AND The sewer running along the southeast (rear) of Block 2 WATER will be part of the Lake Ann Trunk. Very truly yours, SCHOELL & MADSON, INC. TDKemna:nv i Z-oT-9Lo� Glti/PGAe-7- / f� qD r r z A& r. 70 -rq A20 c- T 1 J/ A9 t. � T s 9b z Lo;rs 4 T 1 'C' 5 T)ecE T 4 7- v�"D . r ,r. 116 9DD ter, 21,�9 P T, rf�o r T a® lil X Zo CAI AN P A S7A7-,.S � � � � d l T'l © V 14 C4 / /Y ze, 7-' s IVIAIIIVaA-1 Z.0 I- g �i20/oD S L�� ISI,/,z�5 - .219, 7G, 7 7-1 /4 7, G oA/.y S/D m As 7- l v .5• T".iw- O LO -7 5 AA-Liv 4�* -rjw C. GS r 7-0 H 40 E T rrw - 5 6-7- 64ek &," A, C- o,� -r— �..v s 90 r-T .fro ��• ;v E,e LQ r- s %Or- �' /,Vsr.C-A-D m ,= J,T LtJ A .CA IN60 !=7 WILLIAM D. SCHOELL CARLI; SCHOELL & MAOSON. iNc. ENGINEERS AND SURVEYORS 1614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 May 12, 1970 Planning Commission Village of -Chanhassen Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, Chanhassen Estates 2nd Addition Gentlemen: This preliminary plat was produced by our office with the permission of the Village Council. We have the following comments: GENERAL 1. The plan follows the general plan approved as a preliminary lotting sketch when the First Addition was platted. 2. The subdivision contains 73 lots'and 3 outlots. The average lot area is 15,760 square feet and the minimum lot area is 11,700 square feet. STREETS 3. Access to Highway No. 5 is over existing Dakota Avenue. T 4. Access to the 5innen Property, to the west, is provided at two points, the first at about 1,200 feet south of the intersection of Dakota and Erie and the second about 900 feet further south. These accesses will provide sufficient circulation for emergency vehicles, street maintenance, etc.. 5. Pavement width is indicated at 26 feet; this should be increased to 28 feet to conform with the ordinance. 6. The rear of Lot 11, Block 4, is about 250 feet south of the centerline of existing Highway No. 5. This will provide sufficient future right-of-way width for a future eastbound double lane south of the present -mat (at 70 'foot centers) , a future service road (at 7.5 foot centers) and an additional space of'80 feet to the. future- rights -of -way line (a total distance of 245 feet) . Planning Commission May 12, 1970 P age 2 DRAINAGE 7. Catch basins and a storm sewer are provided at the intersection of Dakota Lane and the point where Erie and Cheyenne Avenues meet. Pipe is provided to convey drainage to a ravine about 170 feet south and for 100 feet into the thread of the ravine. Additional width of drainage easement should be provided at the rear of Lots 8, 9 and 10, Block 2, to conform with the thread of the gully,. A surfaced swale should be provided down Outlot A -to prevent erosion. SANITARY 8. The sanitary sewer -plan and water plan are satisfactory. SEWER AND The sewer running along the southeast (rear) of Block 2 WATER will be part of the Lake Ann Trunk. Very truly yours,. SCHOELL & MADSON, INC. WDSchoell:bk 1 4 9 1 3 WEST COVENTRY R D. • H O P K I N S, MI N N E SOT A TELEPHONE W E s t 5- 3 4 8 6 NEW ADDRESS. 14201 EX ELSIOOR BOULEVARD IV!I� �.1 �•Y ;_}' ..' . ,: NN. 55343 April 6, 1970 Village of Chanhassen Chanhassen, Minn. 55317 Attention: Mr. Adolph Tessness Administrator Re: 2nd Addition to Chanhassen Estates Sewer and Water Extension Gentlemen: APR RecelVefl VILLAOLP OF CMAIVHAS9F We respectfully request the extension of sewer and water service to the 2nd addition of Chanhassen Estates. If there are any questions, please contact this office. Yours very truly, CHANHA.SSEN HOLDING CO. Robert H. Mason RHM/gl 1, 11JTJT3S CF TAT:' Y." llth VIL'TJ, . :CC=U�?C f 1- iz }Je gbdnhassen VJ llage Council mot in rc4ular" qt. May 11, €3445 1'1: at the: Village stall after the public hea: ing. fit,: ea b,ers prosent--- _ayor Coulter,. Councilman Paul'. ,s: ncss, F'a snr� Opu.ndi ,ma.n Holmberg absent. r Xor Coulter opened. the meeting witLi the pledge -o the �la�, 'fhe nzintt"i as of," the'-Api I�,r-� 21 and 2uth Counc_ l ire �t:in�;:� t- (( . ac.? arad on a motion 5aade:�by;.Councilman '�essness and seconded by Co>_tnc_i_li-,ian *,o:;•ser the minutes ,J:)6,appr.aved as read. Hotion carried, no nog'a.tive votes. 'ayo_r-'Coultor r�-;latod that no response has b.:,er, ^c> ivc '. .C,- .;:, the Liquor ,.. 1 I]tiOl i3Oi,.11li>51Dn ?", ._e4 arLiln ; lDDI','bC 'S apl)l_??_r r<i, iOt7• _�1 01 �OLtZter- st�t d that he uroLtld. checl- into it. :t•��,1i:7T �i.i1�1i1CF Tts=l. bids were :received on street oil:i.n-_, one :i x or;: r -oland Asphalt and one from Allied L=,1ac?top Co. The t ounce-7. reAerxecl t,ii_ ; to sz r'ai ntenancc� committee to tape :i.,;.i :ediate action to have: stree s oiled and not to -exceed the suit of :!,19900.00. The Council also wishes tilat tii_=_s committee have recomm'ndations ready by the next Council meeting On 1,0Pai_rin{; streets in Schol:er's second addition. Cha,rtuan ?3olff present ave a report on tine activiti�ws of th2,Plannini _Cvnmission.' ITe stated. that the Planni.n� orr,r:zi_ss:i.on i:cicl a r'u'.lic Hearing Jay....loth 1966 for the re —zoning of a certain v.)oi,t i on of lane,_ of the Chan- 'aassen'=Bolding Co, property. The a lannin Co:ai;, _ssion reconzs::4nds to the `Council that trey approve -this rc-zonin;u. (as _l)r...r r;i'tnutcs of 'L;he Planning Co'imwiss1on) There t:ras then a discussion, hole':, c, : sc,rv:;.r,,, or fr outage road,Para 'lelt0 ?Ii�ray ;;_ The Planing uomt:z,_ssion was urd,r .the assumption tba•t"there was room for a service read on the _Statc- I,i=,ray property, but the`'.engineer. explained that there wouldnIt be enou,,,,h-rr=.::z. �rLtnciltnan Tessness then stated that in viex,r of the -facts :pr :s :ntcd. tonight, he -thought the Planning Com:iii.ssion mould have voted d:i_ff. rct,t on tiieN_r recommendation. Engineer. Flateb stated that he suggests theme shoulc be an access road to ,the Si°nnen Pr...perty for public services and otc. i-vlheu this property is developed, Chairman Wolff stated. that in view of the facts -presented to- -night the Planning Commission recorn,,endation be chan,-jod to read "that the ;x°'laxln 'ng _Commission ecommends the Villa e C,'DuncS.l ate ove tthe reclur st 'f ,far —re —zoning by the- Chanhassen. IZoldin�; Co. sub-loct ;-o "-,anting an ease— ment for a frontage road parallel to hi4, ay ;' 5 . The Council ecommends that Mr. Rob 'iason be coritact:od on this natter. FnCineer Flatebo to drag up letter. This natter th- _,n boin€- tabled until re"geipt of a letter from 111r. 7':ason. `Chairman ?solff then read the re -commendation :sort, tt,e i ltiannin; Commission Fr`ontier's Lawn and Garden Center Ouild-Ji-tig. ran a motioin made by Ken Eric`kaon that we recortt:zend to -the Council tha:� tt Oir tev} a fine of 50.00 o be,,paid before perriiit is granted. in acco- anco frith -•rd !,`32 Section 11, ga.:,that they be ordered to tear building down. Seconded. by Gayle %aolff. Flive votes cast in favor of, and one opposed. �n a motion made by Councilman � oeser and. secon0f,(I. by r"ounci.Iman Pauly that l-his--matter be turned over to our Legal Authorit:y,' '.l1ss Lauson to chocic it. out. '7j111otion carried., no negative: votes = "Saybr.:'Coulter related to the Council that ho has bc2cn cbni:aci-ed hgr a party int;ere.sted in i,ot . , Block 29 11ighlanci Par' "AddAti.on. -'hey are interested . in constructing a horse with a home occupat:i.on -- I'leau?.y �hop to be set up in °the. b$n1t. of this hone. This would be a s pare: ti_,.,c joID9 no signs oT ad.vert•-. 71,s ing • s t. r, T A CO-1'iL� D T I i` `- THE PL (�i dl`! 71` S C °L'`i l J J I _1 f V f j�1�.r _ V.. O OF CHAIITHA3�Ei,, r 111-ce - - - VillaZe Hall Date - - - �'T1 y 10, 1966 i 1 L e 10 The ri-,eeti.n�� called to order by the chairf ie) -ir. r ITle '-soli` . All me ,'Ders 'Gre present. The :il i nutes from the were re,7.d. a -,d a:p ,roved.. s The Publ_c e" r-I - ,!7a s opened. f or the request oc "; 1 .n:,l s.sen Holding Comp�:ny to rezone from residential co.r:r,er'.ci l tli�t 'part ofjertTs sw10�1T11 ontheir-1?.t � ^ OL't 1 QtS 11 1 ,) legal cescri-Dtioo attacned.. Mr. Ed. Hjeruistad brow-ht in w-ritten request nu -:a;n_ nov'cedst Sen along i e?. trun h;=rTr�.y To. F to ve ,ocess to ___ . S'-v 's _ _ e 7in e11 adjacent -_ ro:_�erty. :ir. Robert of enh,-t ;-;ec. said �. acre � 221 room Ox' �_ C r a r �a ` n t servi e o on ,U, '.i T _,ro erty and that the St,-tc--,!ould. '=�rOb?`v'l�T L'-"i o.ne i:C� ',: 1GYi t__e ��e �l arose and there P2, request for it. -'Ir- Gayle :olff :_lcva�' �'-^.t sire e , Council y r co:s._,c!, d t,�l�_.t, ,,�1� -Frant the above request for rezoning by the Ch,-nhes _,en PIioldill Seconded by _ r. l.erl Er1C- SO:n. 7' ve votes yes; One vote no. n diSCuosion was held. oil the Lawn Cc Gard.ela '�e:Yltc r �LlLI 'Ll j constructed by Frontier uildin Center .tiithout sub;":ittin _ _,la,c s nor a1 1yin�; ' for bui1din __ ioer ifiit even tho they Mere 2 �.02:10a.Cheu 1:d.-:..5'_>3d to ap tly. it r-as disclosed that disre'=:ard. for lie:=,L_1 .Lions and. procedures wer� ore vale!:,t in dealings ti;ith fir.:: and. that, Frevious ;rarni:nos had not been headed..` ile ui,.,jorit7 of the Fls,nnin` Coi his^ion felt _Penalties were in ord—cr. A motion -,,as made by Tien dric':_son that j,,?e reco7i.cncl to the Council k1hat they levy a nine of ' �0.00 to be paid. befOre: perciiit i^ � ,,,an ed. �_n accorCi.ej ;.'iGh Ord.L:ilaDce j? sedi-on ll; or= t�__-- '.t ti1-^' r i_e Ox'd-er"'ed to tear the build.irt,, do?.; -La. Seconded by OQT _e rive T'Otes cast in favor of the n-iOtion ?,nd. one o-y-r,)osed.. 'eetii,V. ta^ ,d jour Od at 9:10 y- C C fU SL -