71-XX - Sunrise Ridge SUB pt 1DECLARATIONS,_ PROTECTIVE COVENANTS AND EASE1 JETS glad-tt►on nT1
:,<, THIS DECLARATION, made this / Lday of c.Jc?('r1{ sZ, 1971, by
C. Pefer Linsmayer and Patricia J. Linsmayer, his wife, and Clifford L.
Whitehill and Daisy M. Whitehill, his wife, hereinafter referred to as
"Declarants",
WITNESSETH THAT,
WHEREAS, the Declarants are the owners of the real property situate
in the Village of Chanhassen, County of Carver, State of Minnesota, platted
as Sunrise Ridge Addition, and
WHEREAS, the Declarants desire to impose and subject all of the
lots in said Addition to the following conditions, restrictions, reserva-
tions, easements and covenants, which conditions, restrictions, reservations,
easements and covenants are for the benefit of every lot in said Addition,
and shall operate as equitable•.restrictions or easements passing with the
conveyance of every lot in said Addition, and shall apply to and bind every
successor in interest of any of the lots conveyed by the Declarants and are
imposed upon said premises as a servitude in favor of said Addition and every
lot therein;
NOW, THEREFORE, the Declarants hereby agree that the conveyance of
all of the lots in said Addition shall be made subject to the following
conditions, restrictions, reservations, easements and covenants for the
benefit of the Declarants and the present and future owners of said lots:
1. Definition of Term "Lot": The term "lot10 as used hereinafter
shall mean a single lot as now platted in said Addition, or an ownership of
all of one platted lot and part or parts of one or more adjoining lots, or
an ownership of parts of two adjoining platted lots, the total width of
which, at the front lot line, shall not be less than the front platted lot
line width of the smaller of the lots comprising such ownership, and the
terms "front lot line,'-' "rear lot line," and "side lot line" as used herein
shall mean the front, rear, or side boundary lines of any parcel of land in
Sunrise Ridge Addition constituting a lot within the above definition of the
term 11lot". -
2. Designation of Use -Purpose and General Requirements: All lots
„
as above defined in said Addition are hereby designated "residence lots,"
and no lot shall be improved or used or occupied, either wholly or partly,
for any commercial, industrial, professional, or multiple family dwelling
`
purposes, or for any use other than private one -family residences. Without
limiting the generality of the foregoing, there shall not be erected, placed
or maintained on any of said lots any flats, double houses, duplexes or
apartments, or any building to be used for a public garage or oil`°stations
or any other commercial, industrial or professional use whatsoever. No
residence shall be erected on any parcel of land in said addition which does
not constitute a lot as hereinabove defined, and not more than one one -family
residence shall be erected on any one lot.
All- new one -family residences to be constr:uctccl ou ,my lot,:;
have an enclosed, heated living space area, exclusive of basement space, of
not less than 1,600 squnre feel- and n double r11 m
"
for two automobiles.•
5 Olt.
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3.- Lotus Lake L cess and Easement:
r
a) There is hereby created an easement for the exclusive and joint
;., benefit and use by the owners and occupants of Lots 1 through7,
inclusive, said addition, over and across the northerly and
Iwesterly
6 feet of Lot 7, said addition, for purposes of ingress
and egress from the street presently known as Frontier Trail to
I'
Lotus Lake which lies on the easterly side of said Lot 7. Said
easement ' shall run with the land and shall be limited to pedestrian
traffic only.
b) There is hereby created an easement for the exclusive and mutual
benefit and use by the owners and occupants of said Lots 1 through
7, inclusive, for purposes of general recreational use incidental
to the use and enjoyment of Lotus Lake. Said easement shall be
located upon, over and across the easterly 35 feet of the northerly
40 feet of said Lot 7 specifically described as follows:
.
The easterly boundary line of said easement shall be
along a -line which runs perpendicular to the north line
from a point (hereinafter referred to as Point A) located
350.79 feet west of the intersection of such north line
and the westerly line of said Lot 7, and extends southerly
for a distance of 40 feet to a point (hereinafter referred
to as Point B). The southerly boundary line of said
easement shall commence at said Point B and extend
easterly, parallel to the north line of Lot 7, to Lotus
Lake. The north line shall be the north line of Lot 7
commencing at Point A and continuing easterly to Lotus
Lake.
The easterly boundary line of said easement shall be
Lotus Lake so the same may accede and recede.
The easements hereinabove granted and conveyed shall be maintained
by the owner of said Lot 7 for purposes of seeding the same and cutting grass
'
as reasonably necessary to maintain the same in a good attractive condition.
Any additional improvements to such easements shall be made -only with the
consent of the owner of Lot 7 and as agreed by all of the owners of Lots 1
through 6, inclusive, the latter of whom;shall each bear 1/6th of the cost
of any such improvements.
Wherever "owner" is hereinabove referred to, it shall include the
present owner of record, and his heirs, administrators, executors and assigns
of record. The foregoing easements shall run with the lands herein described.
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4. Reservation of Power to Alter or Modify Restrictions: The
owners of Lots 1 to 7 acting jointly shall have the sole right and power to
alter or modify the requirements of any of the restrictions and prohibitions
herein contained with respect to the easements herein granted and conveyed.
5. Enforcement: As hereinhefore stated, Hie eismwnts herein
contained are for the benefit of the owncrr, of I.(-)l r I I
and the power and privilege of cnforccinent- Lloreul ;j}%;iiii;;i :my 1,:i11y „r
parties who shall violate or attempL to violate tl)c �uunc by ;Ippl-oprinl c•
-
proceeding at law or in equity is i;r;tnLcd L.c� :iny :in l ri I I I,:, i i i I lit c•r ;�t.
' r
in any parcel or lot, in said Addition. '
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6. Severabi: The provisions hereof are I d ared to be
severable and should any section, paragraph, clause or p,ovision hereof be
declared by any judgment or Court order to be invalid, the same shall not
aff� „.the validity of the provisions hereof as a whole, or any part thereof
14
other than the part so declared to be invalid.
7. Duration of Restrictions: The easements herein contained
shall remain in full force and effect for a period of twenty-five years from
the date of this Declaration, after which time said easements shall be auto-
matically extended for successive periods of ten years unless an instrument
signed by'a majority of the owners of the lots in said Addition has been
recorded, which instrument shall provide that the easements shall be changed
either in whole or in part.
IN TESTIMONY WHEREOF, the said parties have caused these presents
to be executed on the day and year first above written.
4-Zz4, j2.
C . Peter Linsmayer '
PatricJ.� insmayer
Cl./ord L. Whitehil
Daisy M.,/, hitehi11
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this 17th day of December 19 71, before me, a Notary
.Public within and for said County, personally appeared C,Peter Linsmayer,
Patricia--J. Linsmayer, Clifford L. Whitehill and
Daisy M. Whitehill
to me known to be the persons described in, and who executed the foregoing
instrument, and acknowledged that they executed the same as their free act
and deed.
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Notary Public Hennepin County,
Minnesota.
My commission expires August 4, 1976.
- - ,. �Y - ._
VILLAGE OF CHANHASSEN
SUNRISE RIDGE ADDITION
DEVELOPMENT CONTRACT
THIS AGREEMENT, Made and entered into this day of PEA ,
197/, by and between the VILLAGE OF CHANHASSEN, a Minnesota municipal
corporation, hereinafter referred to as the Village, and C. PETER LINSMAYER,
PATRICIA J. LINSMAYER, CLIFFORD L. WHITEHILL and DAISY M. WHITEHILL,
hereinafter collectively referred to as the Developer,
WITNESSETH:
WHEREAS, The Developer is the fee owner of certain lands in Govern-
ment Lot 6, Section 12, Township 116, Range 23, 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 4.0 acres , more or
less, divided into seven lots, and to be known as SUNRISE RIDGE ADDITION,
a copy of said proposed plat being attached hereto as Exhibit A, and
WHEREAS, The Village Council has, by its resolution passed S O ,
1971, granted preliminary approval of said plat, subject to and on condition that
the Developer enters into this agreement, 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 grading on said lands as shown by the
drainage plan for said plat, bearing date 9 1,.ir G , 1971, as prepared
by �eW #10SUOC .rA/C. , and on file with the Village, said drainage
r
plan 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 Sunrise Ridge Addition, Developer agrees
as follows:
1. Improvements by Developer.
Developer agrees at its expense to construct, install and perform
all work and furnish all materials and equipment in connection with the grading as
set forth on the aforementioned plans, said grading hereinafter referred to as the
"improvements " .
2. Standards of Construction. Developer agrees that all of the fore-
going improvements shall equal or exceed Village standards, shall be constructed
and installed 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
specifications, and shall be subject to the inspection and approval of the Village
Council and the Village Engineers. In case any material or labor supplied shall
be rejected by the Village Council or Village Engineers as defective or unsuitable,
then such rejected material shall be removed and replaced with approved material,
and rejected labor shall be done anew to the satisfaction and approval of the Village
Council or Village Engineers at the cost and expense of the Developer.
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4. Schedule of Work. The Developer further agrees that it shall
commence work hereunder on or before %197 Z and shall
have all work done and improvements fully completed to the satisfaction and
approval of the Village Council on or before tk& , 197
47
The Developer shall submit a written schedule indicating the proposed progress
schedule and order of completion of work covered by this contract, which schedule
shall be a part of this contract. Upon receipt of written notice from the Developer
of the existence of causes over which the Developer has no control which will
delay the completion of the work, the Village, in its discretion, may extend the
date hereinbefore specified for completion.
5. 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 Developers.
6. 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
personally liable or responsible in any manner to the Developer, the Developer's
contractors or sub -contractors, material men, laborers or to any other person,
firm or corporation whomsoever, for any debt, claim, demand, damages, actions
or causes of action of any kind or character arising out of or by reason of the
execution of this agreement or the performance and completion of the work and
-3-
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
therefrom and the costs, disbursements and expenses of defending the same.
7. Written Change Orders. The Developer shall do no work nor
furnish materials not covered by the plans and specifications for which reim-
bursement is expected from the Village unless a written order for such work or
materials is received from the Village. Any such work or materials which may
be done or furnished by the Developer without such written order first being
given shall be at its own risk, cost and expense, and Developer hereby agrees
that without such written order Developer will make no claim for compensation
for work or materials so done or furnished.
8. 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 agreement, Developer agrees to furnish to the Village a cash deposit or
a corporate surety bond approved by the Village in the amount of $1 , 500.00
naming the Village as obligee thereunder, said bond or cash deposit 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. , the Village Engineers, and as set forth in the report
to said Engineers to the Village Council dated B _%,eC , 1971 ,
which report is incorporated herein by reference and made a part of this agree-
ment. Said bond shall be attached hereto and made a part hereof. Said deposit
shall be returned to Developer or said bond cancelled upon Village approval of
the work performed hereunder.
9. Boulevards and Driveways. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the following improvements
for the benefit of each lot within the plat:
a) 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
required by this Paragraph 9 shall be constructed and installed according to the
requirements of this agreement, Developer agrees to deposit the sum of $150.00
per lot with the Village at the time application is made for a building permit for
each lot. Said deposit shall be returned to the Developer upon approval of
the installations by the Village.
10. 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 construct or provide temporary
dams, earthwork or such other devices as shall be needed, in the judgment of
the Village Engineers, to prevent the washing, flooding or erosion of the contiguous
lands and roads within and outside the plat during all phases of construction,
including construction on individual lots. Reasonable access to all lots within
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the subdivision shall be provided and maintained by the Developer until the
completed streets are accepted by the Village.
11. 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
the Developer at Developer's sole expense.
12. Building Permits. Breach of any terms of this agreement by the
Developer shall be grounds for denial of building permits within the plat.
13. Liability Insurance. The evelope shall take out and maintain
�A9s OiC.D /g3 jwt
during the life of this agreement public liabil and property damage insurance
covering personal injury, including death/and cla 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 $
for one person and $
for each accident; limits for property damage shall be $ for each
accident. The Village shall be named as co-insured on said policy and the
Developer shall file a copy of the insurance coverage with the Village.
14. Sewer and Water Assessments. Developer agrees that each of
the seven lots in said plat shall be subject to full assessment for municipal sani-
tary sewer and water facilities serving said plat, each of said assessments to be
equal to the assessments for sewer and water levied by the Village in the 1967-4
Sewer and Water Project. Developer further agrees that the assessment for each
lot shall be paid in full at the time application is made for a building permit
on said lot.
15. 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 20 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 admini-
strative 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 performance bond to collect all the costs of the making of any of said
improvements, or may utilize any cash deposit for payment of the costs thereof.
16. 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
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to be executed by their duly authorized officers on the day and year first
above written.
In presence of::Nis
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
VILLAGE OF CHANHASSEN
By
,Mayor
Atte s t
, 446��
Clerk -'Administrator
C. PETER 1INIMAYE
lift
2 0
PATRICIA INSMAYER
CtIFFORD I% WHITEHILL
v - - ). -1v►
On this 3c day of t/J.z Cc..>, �iv�. 197,1 , before me, a Notary
Public within and for said county, personally appeared Eugene A. Coulter and
Adolph Tessness , to me personally known, who, being each by me duly sworn,
did say that they are, respectively, the Mayor and Village Clerk of the Village
of Chanhassen, the municipal corporation named in the foregoing instrument, and
that the seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by
authority of its Village Council and said Eugene A. Coulter and Adolph Tessness
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
B. F. SCHNEIDER
Notary Public, Carver County, Minn:
My Comm;s•don Expires San. 11, 19.75,
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
On this 19,46 day of JU!Z�� ,..,,/, � 197 before me, a
Notary Public within and for said County, personally appeared C. Peter
Linsmayer, Patricia j. Linsmayer, Clifford L. Whitehill and Daisy M.
Whitehill, to me known to be the persons described in and who executed
the foregoing instrument and acknowledged that they executed the same as
their free act and deed.
Notary Public
VELTA CARPO,L,
Nefory Public, Hennepin tour v, ;
* Cammissian ExpiPas April S, i > , ,
34 to
SEWER AND WATER - SUNRISE RIDGE
67-4 Project
Sullivan
1. Backhoe
2. 2 Men
3. 4 Day Labor
4. 160 Ft. 3/4" Copper Tubing
5. 4 Curb Box
6. 4 Corp.
7. 215 ft. Cast Iron Pyse
Maintenance Dept.
13% 1. Gravel, 180 Yds. 186.00
3) 2. Black Top 114.00
3. Loader for Back Fill 50.00
4. Truck & Man Hauling Gravel
31 hrs @ $8.00 per hour 248.00
5. Labor for Black Top
28 Man Hours 168.00
Utility Dept.
1. Back Filling, Inspection
Asbuilts, Help with
Black Top 16 Hrs. @ $8.00
per hour 128.00
TOTAL
$1,250.00
766.00
128.00
$2,144.00
WILLIAM D. SCHOELL CARLISLE M
SCHOELL & MAOSON, iNc.
ENGINEERS AND SURVEYORS
938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534
June 2, 1973
Village of Chanhassen
c/o Mr. Gerald Schlenk, Clerk
P. 0. Box 147
Chanhassen, Minn. 55317
Subject: Request for.Sanitary Sewer Service to Lot 7,
Sunrise Ridge
Gentlemen:
We have investigated the feasibility of various means of providing sani-
tary sewer service to the subject lot, and particularly to a proposed home
to be built in the low area adjacent to Lotus Lake.
A sewer service line was extended to this lot from the sewer constructed
on Frontier Trail as a part of the Sunrise Hills project several years ago.
Because of the low-lying condition of the proposed home, it would be necessary
to install an individual house pump and force main to provide service through
this existing service. We estimate the approximate cost of this installation
to be $2,900.
Gravity service could be provided by extending an 8" sewer northward from
the existing manhole No. 18 on the Scott lot as indicated on the attached
drawing. In accordance with the Chanhassen overall plan, this 8" gravity sewer
can ultimately be extended one or two lots farther.north of Lot 7, beyond
which lies a ridge. The master sewer plan also includes the construction of
a force main, 8" diameter, across Lot 7 and the Scott property, to serve a
future lift station to be located near, the creek 'in the Hibbert Hill property.
We recommend, that if a gravity sewer is built to serve Lot 7 as above,
the 8" force main segment through Lot 7 and the Scott property also be con-
structed so as to minimize future disruption in the area. We estimate the
total cost of this ,combination to be $5,100, of which $3,000 is gravity line
cost and $2,100 is force main cost.
We feel it will be equitable to assess Lot T for the cost of extending
the line north to the center of this lot. This portion of the gravity line
cost is estimated as $2,400. The remaining 50` of gravity sewer costing
approximately $600 could be assessed in the future against the property to
the north. The force main cost of approximately $2,100 could be -paid for
from trunk sewer funds, to be repaid from future availability charges.
Very truly yours,
SCHOELL & MADSO , INC.
WDSchoell:sd
12
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.AUSTIN H. LAII'GE
CTF
FRANK V. MOULTON
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` - a VILLAGE OF CHANHASSEN, MINN.
�� ��: c•V 2�!�^ / PROVIDE SEWER SERVICE TO' LOT 7, SUNRISE RII
s SCHOELL & MADSON, INC.
i c'+3 {�iO...-,..... _ l SCALE : 111-200' JUNE 2, 1S
SCHOELL & MAOSON, iNc.
ENGINEERS AND SURVEYORS
WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HO _jVIINNESOTA 5534;
June 30, 1972
Mr. Adolph Tessness, Administrator
P. 0. Box 147
Chanhassen, Minn. 55317
z JU:
VNLLAC .
CHANN .�
MINN..
Subject: Sunrise Ridge Addition, Peter C. Linsmayer
Dear Mr. Tessness:
We visited the site of the grading work several times during
and after work was completed and report that the grading has been
done satisfactorily.
Remaining work included in the bonded portion is:
1. Install asphalt or other hard -surfaced driveways to
each new lot from edge of roadway to lot line.
If surfaced driveways can not be placed at this time,
the disturbed areas from the ridge in the front por-
tion of the lots to the roadway should have some sort
of erosion protection, sodding, etc.
We recommend that the bond amount be reduced to $300.00 to
cover the above minimum work.
Very truly yours,
SCHOELL & MAD/SON, INC.
/I 6_4- -t
WDSchoell:sd
cc: Mr. Peter C.Linsmayer
Mr. Russell Larson
RUSSELL H. LARSON
ATTORNEY AT LAw
IgOO FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
335 - 9565
December 9, 1971
Mr. Adolph Tessness
Clerk -Administrator
Box 147
Chanhassen, Minnesota 55317
Dear Adolph,
Enclosed please find two carbon copies of the proposed development contract
covering Sunrise Ridge Addition which the Council may wish to consider at
its meeting next Monday night.
In my talks with Pete Linsmayer I advised him that the Village could accept
a cash deposit of $1 , 500 in lieu of a bond and I understand that he is giving
consideration to such a proposal.
The Council may feel it appropriate to waive the liability insurance requirement
of paragraph 13 in view of the negligible amount of work that may be done on
Village property.
If the hard shell of the plat conforms to the engineering requirements and if
the attached contract is executed and the bond deposited with the Village,
I see no reason why the Council cannot give final approval to the plat.
I am sending the original and one copy of this contract directly to Pete so that
he can arrange to have it signed in duplicate and delivered to you for further
action by the Council.
( Ve tru IlTr'arson
rs
RHL:b Chanhassen Village Attorney
Enclosures
cc Peter Linsmayer
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
WILLIAM D. SCHOELL CARLISLE MADSON PHONE KANW n P 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343
938-7601
December 8, 1971
Village of Chanhassen
c/o Mr. Adolph Tessness, Administrator
P. 0. Box 147
Chanhassen, Minn. 55317
Subject: Review of Final Plat of SUNRISE RIDGE
ADDITION, Peter C. Linsmayer
Gentlemen:
I have reviewed the final plat prepared for the above
subdivision and find it to be in conformance with the ap-
proved preliminary plat, and therefore recommend its approval.
I recommend that a bond in the amount of $1,500.00 be
required of the subdivider to insure that site grading is
completed in accordance with the approved Grading Plan. No
other portion of the subdivider's work requires a bond.
Very truly yours,
VILLAGE ENGINEER
WDSchoell:sd
cc: Mr. Russell Larson, Village Attorney
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
WILLIAM D. SCHOELL CARLISLE MADSON PHONE r7SfB it}gi;z, 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 5534
,938.7601
November 5, 1971
Planning Commission
Village of Chanhassen
P. 0. Box 147
Chanhassen, Minnesota 55317
Subject: Supplementary Review of Preliminary Plat,
"Sunrise Ridge Addition" (formerly Sunburst
Addition), Peter C. Linsmayer
Gentlemen:
We have made further review of the grading plan proposed by the
developer as shown on the attached sketch.
It appears that no additional slopes draining into Frontier Trail
are being created. We expect that small parts.of the tract will pro-
duce more runoff of surface water than has been true while they exis-
ted in a semi -wild state; however the additional runoff should not
materially affect the drainage structures downstream, particularly
the culvert under Frontier Trail adjacent to the Erickson -Scott prop-
erties.
In further reference to the problems at this drainage structure, as
mentioned in our report to the Council in June, 1969, some stabili-
zation of the sodded channel below the 48" culvert under Frontier
Trail should be done. This might be accomplished by constructing
a series of check dams, piping continuously from Frontier Trail to
the lake, lining the channel with rip -rap or otherwise providing a
more erosion -resistant channel lining than the sod now in place.
There should be a more efficient entrance catch basin built on the
east side of Frontier also, so that all gutter flow will be directed
down into the 48" pipe, rather than spilling over the bituminous
curb.
We will be glad to discuss this problem with you further, at your
convenience.
Very truly yours,
VILLAGE ENGINEER
WDSchoell•sd
cc: Mr. Russell H. Larson, Village Attorney
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Riley- Purgatory Creek Watershed Distric
8950 COUNTY ROAD
EDEN PRAIRIE, MINNESOTA 553
November 3, 1971
Mr. Robert C. Robertson
Rieke -Carroll -Muller Associates, Inc.
POST OFFICE BOX 130
Hopkins, Minnesota 55343
Dear Mr. Robertson,
We have reviewed the preliminary plat of Sunrise Ridge
in Chanhassen as submitted to our office and find the plat to
be in conformance with District policy. The Board of Managers
recommends that minimum requirements, outlined in the statewide
Standards and Criteria for Management of Shoreland'Areas of
Minnesota be used as a guide in establishing minimum setback
requirements for Lot 7.
The Board of Managers also requests that provisions be
made in the final project plans and specifications to control
erosion during construction.
Sincerely,
BARR ENGINEERING CO.
John D. Dickson
Approved by the Board of Managers
RILEY-PURGATORY CREEK WATERSHED DISTRICT
—
if�-'"President
Date:_
JDD: bk
cc: Adolph Tessness
Frederick Richards
Ray Peterson
Howard Peterson
yR
VILLAGE OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
MINNESOTA
NOTICE OF PUBLIC HEARING
ON PROPOSED REZONING AND PRELIMINARY PLAT
SUNRISE RIDGE ADDITION
NOTICE IS HEREBY GIVEN That the Village Council of the
Village of Chanhassen, Minnesota, will meet on Monday, the 26th
day of October, 1971, at 7:30 P.M., in the Village Hall in said
Village for the purpose of holding a public hearing on proposed
rezoning in the Village as follows:
1. To rezone the following described land from a
Farm Residence District to a Residence District "A"
as defined in Chanhassen Township Ordinance No. 1,
as amended:
Outlot 3, Sunrise Hills Second Addition, according to
the plat thereof on file in the office of the Carver
County Registrar of Titles, except that part thereof
lying West of the Northerly extension of the center
line of Rose Land (now known as Kiowa Lane) and South
of a line drawn parallel to and one foot southerly of
the North line of said Outlot.
Also:
That part of the North 27.08 acres of Government Lot
6 Section 12 T116N R23W, described as follows:
Beginning at a point in a line which is perpendicular
to and intersects the South line of said North 27.08
acres at a point 680 feet Easterly (measured along
said South line) from the Southwest corner of said North 2
27.08 acres, which point of beginning is 136.7 feet
Northerly (measured along said perpendicular line)
from said South line of the North 27.08 acres; thence
Southerly along said perpendicular line a distance of
136.7 feet to said South line; thence Westerly along
said South line a distance of 290 feet; thence
Northerly on a line which is perpendicular to said
South line a distance of 200 feet; thence Easterly on a
line which is parallel to said South line a distance
of 215 feet; thence Southeasterly a distance of 98 feet,
more or less, to the place of beginning.
- 2 -
Also:
That part of the North 27.08 acres of Government Lot 6
Section 12 T116N R23W, described as follows: Beginning
at a point in the South line of said North 27.08 acres
680 feet Easterly (measured along said South line) from
the Southwest corner of said North 27.08 acres; thence
Northerly along a line which is perpendicular to and
intersects said South line of said North 27.08 acres,
a distance of 100 feet; thence Easterly along a line
parallel to the South line of said North 27.08 acres to
the shore of Lotus or Long Lake; thence Southerly al son the
meanderline of said lake to the South line of said 27.08
acres; thence Westerly along the said South line of the
North 27.08 acres to the point of beginning.
Also:
That part of the North 27.08 acres of Government Lot 6
Section 12 T116N R23W, described as follows: Beginning
at the Southwest corner of said North 27.08 acres; thence
Easterly along the South line of said North 27.08 acres
a distance of 390 feet; thence Northerly on a line which
is perpendicular to said South line of said North 27.08
acres a distance of 200 feet; thence Westerly along a
line parallel to said South line of said 27.08 acres a
distance of 390 feet, more or less, to the West line
of Government Lot 6; thence Southerly along the West
line of said Government Lot 6 to the place of beginning.
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 "Sunrise
Ridge Addition", dated October 8, 1971, and involving the above
described tract of land. Said Council and Planning Commission
public hearings shall be consolidated as one hearing.
A plan showning 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: October 12, 1971
BY ORDER OF THE VILLAGE COUNCIL
Clerk d,ministrator
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Form No. 67.4 Village oi* pa
D-TI-T711nT
Plied by Nptme:
RE:
C S
The real rnr:7rery:
TO THE PLANNING M013CSSION OF THE VILLAGE OF CHANHASSEN
The undersigned cnmer/s of real ]rropert-y i-,:Ltbin the
Vil]-%ge of Chanhassen do berel-r re^ nrt^u7lV request -i,fiat ab
lostiribed parcel/s of property' be re -zoned -7-nm an:.,
.Zone District
to an 7one District
October 11, 1971
Village Council and Planning Commission
Village of Chanhassen
Chanhassen, -Minnesota
7PioG,--
RE: SUNRISE 40-%T:-S PLAT
Gentlemen:
This letter is to provide .you with restrictive covenants that will be applied
to the above named plat. The covenants are as .follows:
1. All new homes shall have a minimum of 1600 square feet of living space.
2. All new homes will have a double attached or tuckunder garage.
3. The proposed plat contains a six foot walkway easement extending from
Frontier Trail along the west and north lines of Lot #7 to the shoreline
of Lotus Lake. The proposed plat will also contain a lake.access
easement of approximately 1400 square feet. This lake easement will
extend approximately 40 feet in width from the north line of Lot #7 to
the south and its depth will be approximately 35 feet from the water's
edge to the walkway easement and survey line of the plat.
The walkway -easement and the lake access easement are for the exclusive use
and benefit of the owners of the seven lots in the Sunrise toll-s Addition.
It is the intention of the developer to reserve the benefits of -these easements
for the owners of the seven lots only and these easements are not dedicated to
nor intended for public use in any way.
The use of the walkway easement will be restricted to walking traffic only and
is not intended as a vehicular roadway. The walkway will be constructed of
suitable grass or sod and seeding and all maintenance such as cutting of grass,
brush and debris removal will be the responsibility of the owner of Lot #7 on
the proposed plat. Any changes or improvements to this walkway will be .first
agreed to by the owner of Lot #7 and the cost of these changes or improvements
will be borne equally by the owners of all seven lots.
The use of the lake access easement is intended as a swimming beach area
and boat docking facility. The cost of construction of these facilities
and maintenance thereof will be borne by the owners of Lots 1 through 6 of
the proposed plat.
We hope that the above restrictive covenants including the maintenance agree,
ment and usage of the lake access easement will be to your satisfaction. If
you have any questions concerning this matter please contact us.
Yours very truly,
C. Peter Li nsmayer
Box 63, Chanhassen, Minnesota
October 6, 1971
Village of Chanhassen
Village Council
Chanhassen, Minn. 55317
Gentlemen,
It has come to our attention that the Real Estate
property that we recently acquired from P;'ir. Silas
Peller on Lotus Lake is zoned as " Farm Residence".
Since this property is now in the process of being
platted for residential home sites, known as the
" Sunrise Ridge Addition ", we respectively request
that the Village Council rezone this property to a.
classification of " Residence District All.
Sincerely yours,
C. Peter Linsma
Patricia J. %�nsmaver
R.USSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
335-O565
September 24, 1971
Village Council and
Village Planning Commission
Chanhassen, Minnesota 55317
Re: Sunburst Addition, Proposed
Preliminary Plat
Dear Council and Commission Members:
In accordance with the request of Mr. Tessness that I review the proposed
preliminary plat of Sunburst Addition and make a report thereon, I submit
herewith the following comments:
1. The proposed plat shows a lake access easement of approximately
3,500 square feet in area. I presume that this easement together with the
walkway easement shown at the north line of Lot 7 is for the exclusive benefit
of the owners of lots within the addition. If such is the intention of the de-
veloper, it is suggested that the proposed regulations governing the maintenance
and use of the easement be submitted at this time. Special care should be taken
to note that the lake access easement, together with the walkway easement are
not dedicated to the public for public use, but are reserved for the exclusive
benefit of the seven lots in the plat. This reservation should be expressly set
forth in the dedication.
An understanding should also be reached with the developer at this
time that the creation of the lake access easement does not satisfy the public
land dedication or alternative park fees required under Ordinance No. 14.
2. The access of Lot 7 to Lake Street (Frontier Trail) is located at the
extreme western edge of Lot 7 and is approximately 30 feet in width. This access
point also contains a 6 foot drainage utility and walkway easement. The grade
of the lot at this point is considerably higher than the level of the abutting
street, and the construction of a driveway at this point might involve considerable
Village Council and
Village Planning Commission -2-
September 24, 1971
excavation which would involve the Village -owned boulevard and the question
of lateral support for the abutting lot in Sunrise Hills 2nd Addition. This
problem should be studied by the Village Engineers and a report made before
proceeding further with this plat. The owner of the abutting Sunrise Hills
lot should also be contacted with regard to this situation.
3. The street names shown on the plat should be changed to conform to
the new street names.
4. The names of the owners of the tract should be disclosed to the
Council and Planning Commission.
5. The proposed plat should show the existing conditions called for
under Section 7.02 (f) (g) (h) and (i) of the Subdivision Ordinance.
6. The design features required under Section 7.03 (c) (f) and (g) of the
Subdivision Ordinance should be shown.
7. A statement by the owners should be submitted setting forth that the
lots are to be used solely for single family dwellings and the appropriate
petition for rezoning from Farm Residence to Residence District A should be
submitted.
8. As the grade of the tract at most points along the street is con-
siderably higher than the grade of the street, the developer should submit
written proposals for boulevard improvements along the street. This is also
a matter which should be studied by the Village Engineers. See Section
7.04(f) of Subdivision Ordinance.
9. Section 8.04(a) of the Subdivision Ordinance requires that utility
easements be 12 feet wide. The easements shown on the proposed plat are
only 6 feet in width.
10. Section 8.06(c) requires that corner lots be platted at least 15 feet
wider than interior lots. Whether Lot 1 of the proposed plat is to be a corner
lot depends on what development occurs on the Hansen & Klingelhutz property
abutting Lot 1 on the west.
Village Council and
Village Planning Commission -3- September 24, 1971
11. This tract has been subject to a restriction barring its subdivision
until 1975. I have been informed that this restriction has been released by
the former owner of the tract; however, it is necessary that a copy of the
release of the restriction be furnished at this time. If the restriction has not
been released, I question whether we can proceed with this plat.
12. The tract involved in the plat includes the 1-foot strip designated
as "Outlot 3" of Sunrise Hills 2nd Addition. I presume that Outlot 3 has been
acquired by the developer from its previous owner. A copy of the deed should
be furnished for our files.
13. The Interim Rules and Regulations of the Riley -Purgatory Creek
Watershed District, adopted March 4, 1970, require that all preliminary plats
of property abutting on lakes within the District be submitted to the District
Engineer for examination and comments as to changes before preparation of
the final plat. It may be wise to have this proposed plat submitted to the
District at this time.
14. It is likely that extensive grading will be necessary for the con-
struction of access from each lot to the public street. There have been
instances in the past where this type of grading has caused downstream drainage
problems, and since at least part of the drainage of this tract will be by means
of the street to a catch basin and storm sewer pipe located in Sunrise Hills 2nd
Addition (Erickson -Scott) and thence into the lake, adequate safeguards should
be taken to insure that the drainage system is not overburdened by construction
activity on the tract and that silting of the system and lake is avoided.
As has been noted above, most of the matters in this report are of an engineering
nature and it is my recommendation that the Village Engineers study the proposed
plat and make report thereon, if this has not already been requested.
Very truly our
us e a on
Chanhassen Village Attorney
RHL:b
WILLIAM D. SCHOELL CARLISLE MADSO
Planning Commission
Village of Chanhassen
P. 0. Box 147
Chanhassen, Minn. 55317
Gentlemen:
SCHOELL & MADSON, iNC.
1 cNG NEERS AND SURVEYORS
HONE IIE?LU-. 7 50 NINTH AVENUE SOUTH HOPKINS, MINNESOTA 5534
938-7601
September 24, 1971
Subject: Review of Preliminary Plat, "Sunburst Addition"
Peter C. Linsmayer
We have reviewed the preliminary plat of the Sunburst Addition, supplied
by Rieke, Carroll & Muller Associates, Inc. and have the following comments:
--- ROADWAYS This addition borders the north side of Lake Street in the Sun-
rise Hills Second Addition.. This addition includes the 1' strip
known as "Outlot 3" in that addition, giving the newly -created lots access to
Lake Street. Lot 1 abuts a wider portion of Outlot 3, which is owned by the
Village but not a part of a dedicated roadway. To become technically correct,
and give proper access from Lot 1 to the roadway, this remaining part of Out -
lot 3 should be dedicated as a public road.
No other public roadways are to be created by this plat.
Lot 7 has a frontage of 31.91' on Lake Street, sufficient for a driveway,
but less than the ordinance requirement; we recommend that the ordinance re-
quirement of 90' be waived, since there is more than 90' width at the build-
ing setback line.
LOTS Seven lots are created. Individual lot areas vary between 20,100
and 42,097 square feet. There is a draw running east and west thru
Lots 4, 5 and 6, and a,ridge about 101 above! the -street elevation in the -front
of these lots. The owner hasl'said that,he •will remove the ridge and fill the
draw, leaving the lots with adequate slope from building line out to the road.
No drainage conditions requiring new construction will be created. We have
advised the owner that submission of topographical data for the proposed plat
will not appear necessary., + 1 , 1..I,.,. .,I•,
UTILITIES Sanitary Sewer and Water utilities are available to these lots in
Lake Street. An availability charge should be levied against the
lots for the difference between the originallsewdr-and water assessment and
the unit assessment times the number of lots now createdi
SCHOELL & MADSON, INC.
Chanhassen Planning Commission Page 2 September 24, 1971
GENERAL There is a private deed restriction against the subdivision of
this property before 1975 without a previous owner's permission„,
the -previous -owner making--this•-re-stxictien i-s---new-dead.
The following information should be added to the preliminary plat:
1. Name and address of property owner.
2. Existing zoning of the property and abutting properties.
3. Existing easements as described in Certificate of Title No. 7165.
4. Widths of existing streets.
5. Location of existing sanitary sewer and water mains.
6. Names of owners of abutting properties.
7. Minimum front and side yard building setback lines.
Upon submission of the above missing information, we recommend your
approval of this preliminary plat.
Very truly yours,
C�ZJ�L
VILLAGE ENGINEER'
WDSchoell:sd
cc: Russell H. Larson, Village Attorney
CHECK LIST
PRELIMINARY PLAT
X Indicates Conformance
0 Indicates Non -Conformance
X 1. Name of Subdivision SUNBURST ADDITION
X 2. Location Legal
3. Statement of the proposed use of lots indicating type of
residential buildings with number of proposed dwelling units,
type of business or industry so as to reveal the effect of
the development on traffic, fire hazards or congestion of
population.
Stated intention - single family.
X 4.
Date of preparation, north point,
and graphic scale.
September 14, 1971
X S.
Boundary or proposed subdivision,
1st addition, eta.
Entire property.
0 6.
Location, widths and names of all
railroad right-of-ways, to
a distance of 100° beyond tract.
not complete
0 7.
Location, widths and names of all
utility right-of-ways, to a
distance of 1001 beyond tract.
not shown
0 S.
Location, boundaries and names of
all parks and other public
open spaces, to a distance of 100°
beyond tract. not shown
0 9.
Location, widths and names of all
private and public ease-
ments to a distance of 1001 beyond tract. not shown
X 10.
Location and names of all section
and corporate lines to a
distance of 1001 beyond tract.
0 11.
Location of all permanent buildings and structures. not shown
0 12.
Location and size of existing and
proposed sewers, water
mains, culverts and other underground facilities to a
distance of 1001.
0 13. Proposed center line gradients of streets.
0 14. Proposed gradients of sewers.
0 15. Boundary lines of adjoining unsubdivided or subdivided land,
within 1001, identifying by name and ownership.
PRELIMINARY PLAT
Mm
0
16.
Topographic data including contour intervals of 21, water
courses, marshes, rock outcrops and other significant
features. SHOWN WRONG.
X
17.
Number of lots in subdivision 7
X
18.
Layout, numbers and dimensions of lots to the nearest foot.
0
19.
Minimum front and side street building set back lines.
NO SET BACK LINE SHOWN
X
20.
Acreage land subdivided.
X
21.
Area of each lot in square feet.
0
22.
Provisions for sewage disposal, drainage and flood control.
Farm
0
23.
Present zoning. X Residential Industrial
Commercial
X
24.
Complete legal description.
X
25.
Ownerbs name and address C. Peter Linsmayer
0
26.
Subdivider's name and address SHOWN WRONG
X
27.
Surveyor's name and address RIEKE - CARROLL - MULLER .�
X
28.
Designer's name and address Hopkins
0
29.
Proposed restrictive covenants.
X
30.
Source of water supply. Village System.
0
31.
Utility Easements - Minimum 20' wide centered on rear and
other lot lines. Provide easements for deflection points.
ONLY 12' SHOWN
X
32.
Maximum length of cul-de-sac shall be 500'. Minimum right-
of-way radius of 60' for cul-de-sac. NONE
0 33. All elevations tied to U.S.G.S. Datum.
0 34. Proposed drainage and storm sewer.
Date Submitted September 17, 1971 Date Reviewed September 28, 1971
Administrator
Remarks:
wrvi.-I.ld H. fizadlor,,,,ong, Jr.
-u-I'Litle-d St.1-14or, Attbnacy
nth ith. 'Stroat
55401
0 -., TIV-1oll.j.
r
� Of 'julac-, 5,
1971
VIM
F-
Biz
$ zlta 553A*
bch,-2f of 1,W-. 4- Zra, Fmk- Iftalton to wz,
1 C=4m-a';'U lu raw=d to the f1maton prcparta
lam in caret- caanty.
to purchaw tim theta lots
lot-aa lukc�lk- likxqy, Llce rmlzroter-I Waa dozire that
Ivc to =-twlctioaa as to ==Zor *-C dwelUn,-p
b,V,,.IIV4Zd J�y U' e KOAton,-.
ttaulll cm=ate vach doc=aats or dcads
-.iv,4 tho dm-2U--� dezality matricti= ca'w4mt in n— the
Fou ru; tl,.a acw o:-=ra WL32 =ccate cleacls or
th'a I -Itan utich
to titlo to --o pra5imt EeLler tr.-
to Vvall vign Llie wkj,o tho lotter i& v
It to In the
VQX7 tmlv, w=-jlw
A- iotwt wted
Sl�rl-
VwS'*
GARFIN, LAUNER, NEWMAN, PELLER S.
CERTIFIED PUBLIC ACCOUNTANTS
BUILDERS EXCHANGE BUILDING
SILAS PELLE R, C. P, A. MINNEAPOLIS, MINNESOTA 55402
M.E.NEWMAN,C.P.A.
ROBERT M. LAUNER, C.P,A, 3 3 6- 5 8 8 1
M.SALLOWAY, C.P.A.
RUDOLPH GARFIN,C.P.A.
ERLING DOKKEN, C. P. A.
SHELDON A.KAPLAN,C.P.A_
Village Council
Village of Chanhassen
Chanhassen, Minnesota
Gentlemen:
SALLOWAY
May
Nineteenth
1 9 7 0
Once again it is real estate tax time and once again I am compelled
to state ny grievance and request a response.
In order to avoid repetition, I am enclosing a copy of my letter to
you of October 21, 1969, to which there was neither acknowledgment
nor response of any kind. May I say that both the situation and the
request remain the same as outlined in the enclosed letter of October
21, 1969.
Since the essence of the democratic society is an informed citizenry,
the request to be informed is hereby registered; if it is necessary
to appear before you, I will be pleased to do that.
Very truly yours,
Silas Peller
Certified Public Accountant
SP :MBC
Enc.
C cam_. �il "W L i 1 'n --1 "*
I)y
tz
7r,
"Ll vl—fl ell"
LIU
SOLLY ROBINS
JULIUSI E. DAVIS
►1.ARNOLD LYDNN
SIDNEY S. FEINBERG
HAROINB A. ORREN
BERNARD ROSENBERG
THOMAR D. FEINBERG
ARNOLD M. BELLIS
M JAEB A. KARIOAN
LAWREN CE ZELLE
ROBERT J. TWEEDY
WILTON E. OERVAIS
ELLIOT S. KAPLAN
HOWARD A. PATRICK
JAMES L. FETTERLY
STANLEY E.KARON
STANFORD ROBINS
CHARLES H. HALPERN 11911.19661
NORMAN K. OURSTEL
JOHN T. CHAPMAN '
JOHN r. EISBERB
SIONEY KAPLAN
DALE 1. LARSON
STEPHEN A. KRUPP
THC'"A9 C. KAYSER
LEO F. FEENEY
' ARK 14. RODMAN
STEVEN L. ROSS �
.19V -EY 9_ HALPERN
STEPHEN J. DAVIS
JAMES L.
ROHWEDDER
PATENT AND TRADEMARK ATTORNEY
WAYNE B. EASTON
WASHINGTON. O. C. OFFICE
RONALD A. JACKS, OF COUNSEL
LAW OFFICES
ROBINS, DAVIS & LYONS
DAIN TOWER .
MINNEAPOLIS 55402
TELEPHONE (612) 339-4911
May 14, 1969
Mr. -Russell Larson
Village Attorney
Village of Chanhassen
1900 First National Bank Building.
Minneapolis, Minnesota 55402
Re: Our File M67-0410
Dear Mr. Larson:
SAINT PAUL
MIN►JESOTA BUILDING
WASHINGTON, D. C.
10251TCONNECTICUT AVENUE
In confirmation of our telephone conversation, I am attaching hereto a
photocopy of a plat of survey prepared by Arleigh C. Smith, Professional
Engineer and Land Surveyor. You will note that I have numbered the lots
which are the Peller property with the numbers 1, 2 and 3.
In accordance with the Agreement between the Village of Chanhassen and
Mr. Silas Peller, at the time that sewer and water were assessed to his
property, Mr. Peller is now requesting that the Village of Chanhassen
obtain the fee interest in the one -foot strip which divides the southerly
boundary of the lots numbered 2 and 3 from the public -road. Mr. Peller
is of the opinion that no legitimate purpose is served by the retention
of that one -foot strip by the present land holder. In addition, Mr.
Peller feels that since he has been required to pay for the installation
of sewer and water, he should be able,to hook into these sewer and water
lines to obtain their benefits, Mr. Peller is interested in procuring
the right to use this sewer and water for his present home which is
situated on the lot numbered 2 and in addition, he is interested'in
providing for a future use of that sewer and water from the land in the
area numbered 3.
I thank you for your cooperation in this matter.
Yo very truly,
R- IB 1VS, DAVIS & L
/SS Stephe J. Davis
Z
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