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73-01 - Hesse Farm SUB pt 2
WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY '` -. art-- SCHOELL & MAOSON, INC. JACK E. GILL ' ENGINEERS RODNEY B. GORDON A N D SURVEYORS THEODORE D. KEMNA ~ JOHN W. EMOND KENNETH E. ADOLF (612) 938-7601 • WILLIAM R. ENGELHARDT 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 BRUCE C. SUNDING OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS R. SCOTT HARRI November 2, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Box 147 Chanhassen, Minnesota 55317 Subject: The Hesse Farm, 2nd Addition, Preliminary Development Plan Gentlemen: Review -- Our File No. 7120. We have reviewed the subject plan as prepared by Consultin Engineers Diversified from an engineeringg point of view. SANITARY SEWER Trunk sewer service will not be available to this propert in the foreseeable future. Y For this reason individual sewage systems will be required. While we have not seen any absorption test results p we feel the lots are large enough to dissipate wastes using special design or special equipment as necessary. Y WATER SUPPLY City water service is not contemplated for this area for some time. Construction of a well in combination with a hydro - pneumatic tank and watermain system could be considered, but would probably be more expensive than individual wells. SCHOELL & MAOSON, INC. City of Chanhassen C/o Mr; Don Ashworth, Administrator November 2, 1978 Page Two A well and pump house to serve this subdivision would be con- structed in accordance with Minnesota Health Department Regulations. The well in combination with a hydropneumatic tank could provide adequate water to meet peak subdivision demand, but not capable of providing large enough flows for fire protection. It is not economically feasible to provide adequate water supply and storage tanks for fire protection to serve this small an area. However, a subdivision system should be sized to provide suitable fire flows when municipal water supply and elevated storage is available. Our previous studies indicate the cost of a 100 gallon per minute, 200 foot well, pump house and hydropneumatic tank would cost approximately $40,000. The watermain system would cost approximately $54,376, as itemized on the attached sheet. The total cost would be $94,376, or $4,494 per lot. This would probably be a higher cost than individual wells. STREETS The street alignment is dictated by the topography and that shown meets with our approval. There is only one access to the 21 proposed lots in this sub- division. We suggest that the developer provide a second access street or at least an emergency access road. As in the first addition, seal coat streets are proposed. SCHOELL & MAOSON, INO. City of Chanhassen November 2, 1978 c/o Mr. Don Ashworth, Administrator Page Three This is reasonable since sewer and water service is not being proposed. We suggest two seal coat applications, the second coat to be applied the year following development. CONCLUSIONS We recommend acceptance of this preliminary development plan with consideration given to a second access road to the area. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:bk attachment SCHOELL & MAOSON, INC. City of Chanhassen November 2, 1978 c/o Mr. Don Ashworth, Administrator Page Four THE HESSE FARM 2ND ADDITION WATERMAIN AND APPURTENANCES ESTIMATED COST Item Cost 6" DIP Watermain 3,800 L.F. @ $ 10.00/L.F. $38,000 6" Valves 10 Ea. @ $250.00/Ea. 2,500 Hydrants 7 Ea. @ $650.00/Ea. 4,550 1" Service Group 26 Ea. @ $ 75.00/Ea. 1,950 1" Service Pipe 100 L.F. @ $ 8.00/L.F. 800 Watermain Fittings 1,000 Lbs. @ $ 0.75/Lb. 750 TOTAL ESTIMATED CONSTRUCTION COST $48,550 ,Engineering, Inspection, Staking - 12% 5,826 TOTAL ESTIMATED COST $54,376 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 24, 1978 TO: Planning Commission and Staff FROM: Ass't. City Planner, Bob waibel SUBJ: Hesse Farm Phase II & III Preliminary Development Plan Review APPLICANT: Harold Hesse PLANNING CASE: P-058 Planner's Comments As can be seen in the enclosed development plan, significant changes have occurred since the last review which involve the connecting of the two phases via a road running along the property line of Lots 21 and 20 and across Lots 15 and 16. Also, the necessary changes in grade plans have been included and the no -build line has been altered pursuant to the concerns expressed in the previous.planning report. The previously proposed access to the northern phase of the Hesse Farm has been deleted from the plans enclosed. The addition of the road connecting the two phases has led to a question of the lot configuration for that parcel west of Lot 19 and 20. As in the previous report, I reiterate at this time that potential soil problems exist on Lots 1, 2, 3, 4, 8, 19, & 20, and that marginal building slope conditions exist on Lots 1, 2, 3, 4, 5, 7, 8, 9, 16, and 17. The Planning Commission should include in its recommendation following this review, if they intend to have the City Engineer develop septic system criteria for the subject proposal as previously suggested by the Planning Commission. As stated in the September 8, 1978 planning report, it was the opinion of this office that approval of the Hesse Farm plan contingent upon adoption new septic standards would significantly delay the site preparation activities for Mr. Hesse. The applicant at this time should enter into the record the status of Lot 26. If the Planning Commission would recommend approval of the proposal at hand, it would be effectively creating a non -conforming lot in Lot 26, in the fact that it does not have 90' of frontage upon a public street. Planning Report -2- October 24, 1978 Planner's Recommendation Should the Planning Commission recommend approval of the subject proposal, i would then recommend that the following conditions be included with the Planning Commission decision. 1. That the grading plan for the residential lots and the street meet the approval of the City Engineer, and 2. That the well and septic system meet the criteria as set forth by the Minnesota Department of Health. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: October 9, 1978 TO: Planning Commission, Staff and Ecological Committee FROM: Assistant City Planner, Bob Waibel SUBJ: Meeting on Status of Ecological Studies The October llth, 1978 Planning Commission agenda previously had the time slot of 7:45 to 8:15 p.m. reserved for further discussion of Hesse Farm plan revisions and continuation of public hearing. So far this office has not received any word from Mr. Hesse or his representatives regarding any new plans. It is with this in mind that I recommend that the Planning Commission reserve the 7:45 to 8:15 time slot for the subject discussion with. the Ecological Committee, and it is thus requested that the members of the Ecological Committee be present at 7:45 p.m. OEL 23p, - HER VILLAGE 7610 LAREDO DRIVE ® P. O. BOX 147 - CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 December 19, 1973 Mr. Paul Steiner 18326 Minnetonka Blvd. Wayzata, MN Dear Mr. Steiner: It has been brought to my attention by our accounting department that you have an outstanding account with the Village of Chanhassen in the amount of $259.00. This bill was incurred when you were developing Bluff Creek. The Village ordinance states that the developer will absorb all of the costs involving Village Administrative and Proffes- sional costs that are incurred by the Village when reviewing the developers plans. Consequently, it is request that you take immediate steps to remit the Village for the above amount of money. If this deliquent amount is not satisfied within fifteen(15) days, the Village will take appropriate action to collect the above amount of money. It is suggested that if you have any questions about this bill that you come and see me. Sincerely yours' '17 Lloyd G. Schnelle Village Administrator � f LGS/hh 1 RTTSSELL H. LARSON ATTORNEY AT I.AW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 4, 1972 Village Council and Planning Commission Village of Chanhassen Chanhassen, Minnesota 55317 Re: Hesse's Bluff Creek Proposed Preliminary Plat Dear Council and Planning Commission Members: TELEPHONE 335-95(35 In accordance with the request of Mr. Tessness that I review the proposed preliminary plat of Hesse's Bluff Creek Addition and make a report thereon to the Council and Planning Commission, I submit herewith the following observations: 1. The names of all owners of the several lots within the proposed plat together with all lien holders including mortgagees, as shown by the records in the office of the Register of Deeds should be shown on the plat. If the lots are in joint ownership between husband and wife, the names of both as they appear in the Register of Deeds office should be shown. a) Mortgagees should also be shown as they will be required to sign the final plat. It is suggested that advance approval of any mortgagees be obtained in order that they may check any surveys which they maintain in their mortgage files with the lot delinea- tion as shown on the proposed preliminary plat. Doing this at this time will save considerable delay later on. 2. It would be helpful if the lot sizes were shown in acres to the nearest tenth, in addition to the square footage as shown on the drawing. Village Council and Planning Commission -2- January 4, 1972 3. It is recommended that Mr. Hesse furnish me with his abstract of title in order that the title can be examined at this time. 4. The utility easements along the rear lot lines, and some of the side lot lines, are shown to be only 6 feet in width. The Platting Ordinance requires that all utility easements be 12 feet in width, and admittedly the ordinance is not clear as to what easement width is to be required when a platted lot abuts unplatted land as in this case. I assume that the 12-foot width requirement means 6 feet on each abutting lot. The recommendations of the Planning Commission to the Council on this question would be helpful in order that any necessary amendment can be made to the ordinance to clarify this problem. It is also noted that no utility easement is shown on the south line of Lot 5. 5. It is noted that a drainage ditch flowing southerly from Bluff Creek Drive passes through and near the proposed platted areas. Consideration should be given to the question of whether a drainageway easement should be acquired at this time within and outside the limits of the plat at those areas where the ditch could serve as a drainageway in any future storm sewer project. 6. The plat shows Bluff Creek Drive to be 66 feet in width and within the plat a right-of-way of 33 feet appears to be dedicated. If Bluff Creek Drive is designated by the Council to be a major village road, two questions are presented: a) Section 8.02 (c) prohibits platting of lots in such fashion to cause them to abut on the right-of-way of state or major county or village roads. As three of the tracts within the 5-lot plat were established and developed with residences prior to the adoption of the Platting Ordinance, it would seem that a variance of this provision might be in order as to all the lots within the plat. b) Consideration might be given to requiring the sub -divider to dedicate an additional 17 feet right-of-way at Lots 1 and 2 to allow for the future widening of Bluff Creek Drive to thoroughfare status, if the Drive is to be designated a thoroughfare. This would avoid acquiring additional right-of-way from the lot owners at a future date when Bluff Creek Drive might be widened. Village Council and Planning Commission -3- January 4, 1972 The developer should also be made aware of the requirements of Section 8.02 (c) of the Subdivision Ordinance in order that all future platting be done with this requirement in mind. 7. As there does not seem to be any public improvement indicated in this proposal, there seems to be no need to require a development contract at this time. 8. Is a petition for rezoning necessary? If there are any further questions with regard to these matters , please do not hesitate to call upon me for further discussions r° V ly our ` Ink Russell H. Larson Chanhassen Village Attorney RHL: b G SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7601 5❑ NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 December 22, 1971 Planning Commission Village of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, HESSE'S BLUFF CREEK Gentlemen: We have reviewed the preliminary plat as above, dated "Revised Nov. 19, 1971" and have the following comments: 1. No topography is shown; however, the information showing dir- ection of surface drainage appears adequate for the purpose intended. 2. No street profiles have been furnished; one-half of Bluff Creek Drive, an existing roadway, is being dedicated. No change in grade along this portion of the Drive is contemplated in the foreseeable future. 3. Lot areas are shown. Lot 5 at 30,878 SF is the only "small lot"; however, this has been an existing metes and bounds lot for some time. 4. Adequate and proper setback information is shown for Lot 2, the only lot presently unbuilt upon. 5. A drainage easement should be indicated along the south side of Lot 5, since the remaining 66' to the railroad right-of-way is not being dedicated as a roadway at this time. 6. A triangular easement for roadway purposes should be shown in the southeast corner of Lot 5 to allow proper construction of a roadway entrance to the rear areas in the future. Boundary of the easement should be from a point 50' northwest of the SE corner, on the front lot line, to a point 50' west of the SE corner along the south lot line. In other respects, the proposed plat appears satisfactory and is rec- ommended for your approval. Very truly yours, VILLAGE ENGINEER WDSchoell:sd SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 December 22, 1971 Planning Commission Village of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, HESSE'S BLUFF CREEK Gentlemen: We have reviewed the preliminary plat as above, dated "Revised Nov. 19, 1971" and have the following comments: 1. No topography is shown; however, the information showing dir- ection of surface drainage appears adequate for the purpose intended. 2. No street profiles have been furnished; one-half of Bluff Creek Drive, an existing roadway, is being dedicated. No change in grade along this portion of the Drive is contemplated in the foreseeable future. 3. Lot areas are shown. Lot 5 at 30,878 SF is the only "small lot"; however, this has been an existing metes and bounds lot for some time. 4. Adequate and proper setback information is shown for Lot 2, the only lot presently unbuilt upon. 5. A drainage easement should be indicated along the south side of Lot 5, since the remaining 66' to the railroad right-of-way is not being dedicated as a roadway at this time. 6. A triangular easement for roadway purposes should be shown in the southeast corner of Lot 5 to allow proper construction of a roadway entrance to the rear areas in the future. Boundary of the easement should be from a point 50' northwest of the SE corner, on the front lot line, to a point 50' west of the SE corner along the south lot line. In other respects, the proposed plat appears satisfactory and is rec- ommended for your approval. Very truly yours, VILLAGE ENGINEER WDSchoell:sd VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON -PROPOSED -PRELIMINARY PLAT HESSE'S BLUFF CREEK NOTICE IS HEREBY GIVEN That the Planning Commission of the Village of Chanhassen, Minnesota, will meet on Tuesday, the llth day of January, 1972, at 7:30 P.M., in the Village Hall in said Village for the purpose of holding a public hearing on the proposed preliminary plat known as "Hesse's Bluff Creek", dated October 20, 1971, and involving the following described tract of land. That part of the Northwest 4 of Section 35, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest 4; thence on an assumed bearing of South 86047150" East along the North line of said Northwest 4 a distance of 1084.33 feet to its intersection with the center line of Town Road; thence South 48032' East along said center line 197.50 feet; thence South 33044' East along said center line 806.76 feet to the actual point of beginning; thence continuing South 33044' East along said center line 343.24 feet; thence South 38039' East along said center line 610.75 feet; thence south- easterly 199.13 feet along said center line, said center line being a tangent curve concave to the southwest, having a radius of 870.93 feet and a central angle of 13006'; thence South 25033' East along said center line and tangent to the last described curve a distance of 267.06 feet to a line 66.00 feet northerly of, measured at right angles to, and parallel with the northerly right of way line of the Chicago, North Western Railway; thence South 89012130" West parallel with said right of way line a distance of 252.33 feet; thence westerly parallel with said right of wag line a distance of 45.65 feet, a chord bearing of South 89 11'10" West; thence North 0047'30" West a distance of 133.79 feet; thence North 34040140" West a distance of 327.75 feet; thence South 660 44' West a distance of 206.10 feet; thence North 38013'20" West a distance of 220.06 feet; thence South 66044' West a distance of 100.00 feet; thence North 33057'.30" West a distance of 235.90 feet: thence North 10053' East a distance of 373.85 page 2 feet to its intersection with a line bearing South 47028' West from the point of beginning; thence North 47028' East a distance of 233.39 feet to the point of beginning. A plan.showing said proposed preliminary plat is available for inspection at the Village Hall. All persons interested may appear and be heard at said time and place. Dated: December 27, 1971 BY ORDER OF THE PLANNING COMMISSION Adolph Tessness Clerk -Administrator Publish: January 6, 1971 WILLIAM D. SCHOELL i o'N SCHOELL & MAOSON, INC. y ENGINEERS AN❑ SURVEYORS CARLISLE MADSON I PHONE 01/AO1�lI11�i 60 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 66343 938.7601 November 16, 1971 W , � 7, � �A 71. i Mr. F. C. Jackson CL, -AG, 3616 East 55th Street , qN, SONI/V, Minneapolis, Minnesota 55417 Subject: Hesse's Bluff Creek Dear Clayt, Mr. Tessness requested that we check the subject preliminary plat for conformance with Chanhassen Ordinance No. 33. This ordinance regulates subdivision platting in the Village of Chanhassen. The following deficiencies are noted: 1. Topographic data including two (2) foot contours. 2. Street profiles. 3. Individual lot areas. 4. Front and side yard setbacks. 5. Surface water drainage plan. 6. Preliminary plat shall include all of the owner's contiguous land. 7. Both streets are over the minimum width of a minor street and under the minimum width of a collector street. 8. Radius of 100 feet at intersection of Bluff Creek Drive and Heidi Drive. 9. Are any additional utility or drainage easements necessary? Your attention is directed specifically to Sections 6, 7 and 8 of Ordinance No. 33.: Please follow the procedures outlined therein for submission of your finalized preliminary plat to the Village. Very truly yours, SCHOELL & MADSON, INC. CMadson:bk cc: Mr. Adolph Tessness BOE-JON NSON wunl Xr. Harolc Hesse Route 1 Chaska, b:iraneeots Dear �i r Lew ,Addre as P.O. Sex 251 8h opee, VAnnesoto 1,5379 Soil Surveys F4t?t:r. ON � �� 32e2 on .lane i e:�:' 11, ae ma3e nix percolation tests on yo+lr prv=erty 1octtad in iecti,; , 'c.wnshlp 116, 11"a 25, Carver 1"rinesota. The locaticn of t,hn to-sLis x.;id the results are shown c,. -e at iLe"n3 sheets. The test holes were u:ade wi Ol a four inch diameter pow-. aager wE.I ch In truck courted .kz; 4; j. Af4.sr the holes were drills::, ariost four inches of iir;vei wss placed in the bottom and the `.cl es were n3 i eU with water. The rext merAng, the holes +ve.e dry so more water was a44-,s-,i U es,h hcle. the drop in -*,tar ; r . -; Sias recorded said the vsluos ar.. ar. arc `-hQ •e iur'. ng the lau+ sio ir_ci;,,, . .;,Cp. ,&r. a:•ier scil >orire.,; ciao made. The underlying sci i ', b a clay loam wi to eca.e -.ravel. sincerely, 01111an %. Boo P..3. r % 0 W of F E7 v?, C-,o i-,&,T 0 -r tr 3T ae Ise mied -x- Ao At 9AQ 1 -g.4 JV*A- .s PgRCQ i,ATi w� 'T ST kA o t. Ttr&T RATC as PI!RCOLATIOQ Pt OQ E %QCA OR -op + �l 40,o ra +NUTGS Pa SC.3 Qolt1yio aLAGK cL Ay LO A" T0,15 ,. 1' ;' yCL,tGW /✓RowN �An�r. t� L.! A ,%l G -C + a J i 0 i •"� +1+ - G s' A� � [ Fit �•- qT t CGf Cf Oft., kti Q}, +� .IU, , 3 44 11971 No WATC it fr-Nc0U43TOX p a, 6 U.S. BUREAU OF SOILS CLASSIFICATION 0 t00 r0 - f 90 100 - e BO ev `b ACay - SO �' 40 �0 CLAY CLAY 30 \ SANDY - CLAY LOAM SIILTY . Asa 20 Z9 SAPDY\ ! TY r — L �� 10 0 © ti0 % SILT ���ca�oro BOULDERS GRAffI. $AND SILT CLAY DrAME7ER OF U.S. STANDARD 4 INCHES S LARDER 2 NN LL ON TARS TO 4" L 44M R THM OW 0074 TO 2 0 M. LIAETERS *10 TO* B00 0005 TO OaM MLLIKTWS (CANWT 9E SEIMAATED SMALLERTHM 0.006 MM_ BY lEvwQi COARSE SAND +910 TO *30 SIEVE MEDPJM SAND *30 TO s70 SIEVE FINE SAND *70 TO 0140 VEW VERY FINE SAND *140 TO *200 SIEVE vittaCE or chanhassen BOX 147, CHANHASSEN, MINNESOTA 55317 • TELEPHONE 474-8885 May 7, 1971 REQUEST FOR VARIANCE - ORDINANCE #45 NAME: Harold Hesse SIZE OF LOTS -- 1. 86,625 2. 82,875 3. 75,175 * 1 acre 2 2 acres (3) = 41,616 —3�z�o = 104,040 MAP ENCLOSED 1. Owner does own more land to the west so that it would be possible to have 2� acre tracts. However, the line as proposed is to the existing center line of a natural ravine. If the proposed property did cross the ravine it would not add to the area the drainfield would serve. 2. The owner has also stated he would plat all 6 lots --the new ones plus the three existing lots. 3. The Village Engineer could review the site for his specific recommendations if the Council thought it necessary. RECOMMENDATION_:_ I would recommend that the Council grant the variance for these lots which are under the 2k acres, with the condition that Mr. Hesse proceed to plat these 3 lots and the existing 3 lots adjacent, through normal procedure. Adolph Tessness Clerk -Administrator r V,1LAgc Of - -- - pisIZ�i�1 iZ�1ScS�1� BOX 147, CHANHASSEN, MINNESOTA 55317 • TELEPHONE 474-8885 � May 5, 1971 REQUEST FOR VARIANCE - ORDINANCE #45 NAME: Harold Hesse SIZE OF LOTS -- (3) 1. 86,625 2. 82,875 3. 75,175 * 1 acre = 41,616 2h acres = 104,040 MAP ENCLOSED 1. Owner does own more land to the west so that it would be possible to have 21-2 acre tracts. However, the line as proposed is to the existing center line of a natural ravine. If the proposed property did cross the ravine it would not add to the area the drainfield would serve. 2. The owner has also stated he would plat all 6 lots --the new ones plus the three existing lots. RECOMMENDATION: I would recommend that the Council grant the variance for these lots which are under the 22 acres, with the condition that Mr. Hesse proceed to plat these 3 lots and the existing 3 lots adjacent, through normal procedure. Adolph Tessness Clerk -Administrator BOD1 F OF F. • OF OF PIONEER TRAIL GOL OF PK • P K R.R. GO 14 1' let P Lake Riley .;F /0 Rice Lake REVISIONS JUNE 1977 os- C- sl"IT BRAdfl" ENGINEERING TESTING MINNEAPOLIS/ST. PAUL 6800 S. County Rd. 18, P.O. Box 35108, Mpls., MN / 612-941-5600 NORTHERN MINNESOTA 3219 E. 19th Avenue, Hibbing, MN 55746 CENTRAL MINNESOTA 1520 - 24th Ave. N., P.O. Box 189, St. Cloud, MN 56301 DULUTH/SUPERIOR 5431 Airpark Blvd., Ouluth, MN 55811 SOUTHERN MINNESOTA 40 - 16th St. S.E., Rochester, MN 55901 October 23, 1979 Consulting Engineers Diversified P.O. Box J Osseo, MN 55369 J.S. BRAUN P.E., President P.H. ANOERSON, Vice Pres. operations C.G. KRUSE RE., Vice Pres. Engineering D.R. HAUSLER P.E.,Asseeiere Re: 79-596 SOILS OBSERVATION Proposed Besse Farm Road Chanhassen, MN Gentlemen: As requested by Mr. Jim Gillette, we have recently provided an observation at the above referenced project. The results of our observation were given to Mr. Gillette on October 12, by telephone. The purpose of the observation was to assist you in determining the soil classifications at the subgrade of the proposed road. The proposed road is presently under construction and is to be designed for a 7-ton private farm road. No grading plans were made available to us. However, subgrade stakes were in -place at areas of construction. Our observation was made on October 12, 1979. The length of the road to be constructed is estimated to be approximately 1 mile. Stationing starts at Bluff Creek Road at 0+00 westward to 30+48 at the centerline of the cul-de-sac at the extreme west end. Two shorter roads extend off this road with their own stationing. Areas near subgrade are from station 0+00 to station 12+00 which includes Sumac Place. A low area from station 15+00 to 17+00 + is also near grade on the main road. The remaining road area has almost no construction work done. The equipment working on the site include two dozers; two scrapers; one vibrating self- propelled compactor; and one road grader. Classifications of soils at subgrade were made at 4 separate locations and were found to be as follows: Area #1 was at station 4+50 and was at subgrade elevation. The soils encountered were classified as silty sandy clay, and moist to wet (CL), light brown. �b `4 OCT 19 Rzca GMq VZO sg E x MINN. CONSULTING ENGINEERS/SOILS AND MATERIALS Test Borings • Foundation Engineering and Recommendations • Inspection of Construction • Material Testing of Soils, Concrete and Building Components 79-596 . Consulting Engineers Diversified -2- October 23, 1979 Area #2 was at station 8+75 at subgrade elevation. The soils encountered were visually classified to be silty sandy clay, fine to medium grained, light brown (CL). Area #3 was on Sumac Place approximately 100 feet south of centerline of the main road. Soils were classified a silty clay to silty sandy clay, moist to wet, light brown (CL). Area #4 was at station 16+00 on the Hesse Farm Road. The soils at subgrade were classified as silty sandy clay moist to wet, light brown (CL). All areas were similar in classification and soils were generally slightly over optimum in moisture content. If we can be of further assistance in evaluating this data or provide additional service to you, kindly contact us at your convenience. Very truly yours, BRAUN ENGINEERING TESTING, INC. Marvin R. Werlinger Engine ng Assisi t 7 Ja es J. Cr ig, J . , P.E. S nior Pro ect F. gineer MRW/JJC:jp cc: Schoell & Madson Attn: Jim Orr City of Chanhassen The content of this report and supporting documents are for the exclusive use of the addressee. In the absence of our prior written approval we make no representation and assume no responsibility to any other parties regarding such content. BRAUR' ENGINEERING TESTING LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ A (612) 335-9565 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH October 17, 1979 Mr. Gary Larson Attorney at Law 264 Water Street Excelsior, Minnesota 55331 Re: Hesse Farm Second Addition Dear Gary: As per your request I have drafted the public easements described in my letter of October 3, 1979. Those documents are enclosed with this letter. If you find these easements to be in order, please submit them to your clients for their signatures and return them to me. The easements should be dated subsequent to the date of execution of the final plat. Your clients are not authorized to proceed beyond the preliminary grading stage until after the develop- ment contract has been executed and these easements have been tendered. After the City Council Minutes for October 15, 1979, have been printed I will review them to verify whether or not any adjustments are needed in the language of the approved development contract. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:rb cc: bob Waibei CITY OF - CHANHASSEN 7610 LAREDO DRIVEeP 0 BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: October 15, 1979 SUBJ: Development Contract/Conditional Use Permit The following development contracts and conditional use permit are attached for Council review and approval. It is the Staff belief that all contracts presented are in accordance with previous City Council and Planning Commission actions: �r�tl�e a. Chaparral (New Horizon Homes) �� P 033 b. Hesse Farm c. Christmas Acres ,p-4qi d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta Creek 2nd Addition The following statements are presented in regards to each of these contracts: a. Chaparral (New Horizon Homes) - The developer and City Staff are in agreement with all terms of the contract as presented. A policy decision is presented in one area of the contract and, given concerns raised by the Council during discussion of the Ecklund and Swedlund development contract, such is presented for discussion this evening, i.e. method of collection of assessments. Specifically, the original contract between the City and Dunn and Curry for Phase I levied assessments over a 15-year period. In preparing the development contract for New Horizons, this office instructed the attorney's office to place all assessments (previous Dunn & Curry area as well as the additional phases for New Horizon) under one umbrella development contract and to require that all assessments become due and payable as a part of that development. The developer has agreed to this position; however, this office would additionally desire that all assessments for sewer and water improvements be seen in the same light as. street, storm sewer, etc. .construction costs, i.e. said assessments would not be on an individual lot basis, but instead be required to be paid in the same manner that we would require street improvements to be made and paid for (stated in the development contract and backed by an irrevocable letter of credit). This is the form of collection which took place ,Vayor and Council -2- October 15, 1979 on the Ecklund and Swedlund property regarding assessments against individual lots; however, the fallacy in that development was additional work was undertaken as a part of the contract which resulted in assessment costs higher than the amount collected per individual lot. This should not occur in this particular contract as amounts due the City are fixed assessment amounts and are not subject to change. The primary concern of this office is that the auditor's office often lags behind the City by up to a 2-year period and difficulties of preparing individual cards showing individual year levies for a 15-year period results in greater potential for error than consolidating all payments in one area and maintain responsibil- ity under one developer. Again, as there appeared to be prior confusion as to how or what the Staff was doing in regards to the Ecklund and Swedlund development, this item is being presented at this time. Approval of the development contract in line with the above philosophy is recommended. b. Hesse Farm - The contract as presented is believed to be in accordance with previous City Council/Planning Commission actions and includes statements of the developer that streets would meet City standards and that the emergency access would additionally meet City standards. It is the understanding of this office that Mr. Hesse will be present to request that the Council delete hard surfacing of the roads (emergency access had never been proposed to be surface) and to significantly reduce the depth of material (reduce tonnage standards) . It is the staff recommendation, that, if this position is presented, that such be denied as: - Previous experience has shown that, although property owners will like the rural setting, that after a period of time they will become disenchanted with the dust of the gravel road. At that point in time, such will no longer be a problem of the developer but one solely with which the City and individual property owner will have to reconcile. - Obvious differences between a rural subdivision addition versus urban shothld be obvious to an unsuspecting buyer, i.e. no sewer or water, lack of curbs, etc. However, the buyer should reasonably assume that, through city approval, that improvements that are made are of a reasonable standard. For the city to reduce road standards simply because this is a private development area could not be justified any more than reducing building, plumbing, etc. standards for the same reasons. Again, when the road fails and the property owner recognizes that - 1) the city approved the streets constructed and 2) he is paying the same taxes as any other owner within the community; he will demand the city help or make improvements - not the developer. - The above statements are also true in regards to the emergency road. If this emergency access is not of a standard to assure the traffic can be accommodated through the rain and snow seasons, such should be tot)d.11y deleted. Mayor and Council -3- October 1.5, 1979 C. Christmas Acres - Approval recommended as presented. No disagreements anticipated by the developer. d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta Creek 2nd Addition - Approval recommended upon condition that developer pay all amounts due the city. The developer may note that a majority of costs owed by him are in regards to in house (Schoell and Madson) engineering services for the improvements being made as a part of the Minnewashta Creek 2nd Addition development - not the beach lot permit. This office agrees with these points, but does not change the fact that the amounts are due from the developer to the city. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL October 5, 1979 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr,,. Bob Waibel Chanhassen City Hall Box 147 Chanhassen, MN 55317 Re: The Hesse Farm 2nd Addition Dear Bob: TELEPHONE (612) 335-9565 Enclosed you will find the letter of credit dated September 1, 1979 in the amount of $106,150 issued by the First National Bank of Chaska in connection with the Hesse Farm 2nd Addition. This letter of credit should be placed in the City vault for safe- keeping. I find this letter of credit to be sufficient so as to permit Mr. and Mrs. Hesse to do the preliminary grading of the site. No work should be permitted beyond the preliminary grading stage until such time as the development contract has been approved by the City Council and executed by Mr. and Mrs. Hesse. In addition, there are four easement deeds which should be tendered to the City prior to any authorization of work beyond the preliminary grading stage. Very truly yours, L� CRAIG M. MERTZ CMM:mep Encl. cc: Gary Larson 4 Off 1979 1 CVEDVMLAIGN OF C HAA2'liASSEN, MiNDL r1„ ; September 1 . 1979 City of Chanhassen Box 147 Chanhassen, MN 55317 Attn: Donald W. Ashworth City Manager Re: The Hesse Farm 2nd Addition Harold Hesse and Mary Patricia Hesse. IRREVOCABLE LETTER OF CREDIT NO. 1001 Dear Sir: We hereby authorize you to draw on the First National Bank of Chaska, Chaska, Minnesota 553.18, for the account of Harold Hesse and Mary Patricia Hesse, up to the aggregate amount of One Hundred Six Thousand One -Hundred Fifty and no/100 ($106,150.00) Dollars, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 1001 ." The draft must be presented to the First National Bank of Chaska no later than 3:00p.m. on August 31, 1980, after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 1001 , dated September 1 , 19 79 , on the First National Bank of Chaska,. Minnesota." This Letter of Credit is given to secure performance by Harold Hesse and Mary Patricia Hesse of their obligations under the Agreement with the City of Chanhassen. We hereby agree with the drawer, endorser and bona fide holder of 4 drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presentation to the drawee. Yours Truly, Vice President LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH October 3, 1979 Mr. Bob Waibel Assistant Manager/Planner 7610 Laredo Drive Chanhassen, Minnesota 55317 RE: Hesse Farm Second Addition Dear Bob: In the event the City Council approves the street and emer- gency road construction plans proposed by the Developer, it will be necessary to revise sections 1, 2, 10 and 11 of the development contract. Enclosed you will find replacement pages 3, 3A and 5 (revised CMM 10-2-79) you may wish to place both the original version of the development contract and the revision pages on the consent adjenda with a request that the City Council approve one of the two versions. As far as this office is concerned the development contract is ready for submission to the City Council for final action. CMM:rb Enclosure cc: Gary Larson Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney �2 . s OCT 1979 R�CI�E'D ,.cam �'n. ckaN a� aR MINI% ' t CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 23, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Hesse Farm, Phase II and III, Proposed Preliminary Plan Review APPLICANT: Harold Hesse PLANNING CASE: P-058 Petition Mr. Hess6 is proposing to subdivide Phases II and III of the Hesse Farm which is located on the west side of Bluff Creek Drive. Planner's Comments 1. The two phases are divided along a line extending southwestward of a point approximately 600 feet north of the entry way to Hesse Farm Phase I. The northerly phase contains 18 residential lots and the southerly phase contains 9 residential lots all averaging approximately 5 acres in size. 2. The subject property is presently P-1, planned residential development. As mentioned in previous reports, resolution 911721 prohibits the Planning Commission from reviewing planned unit development proposals beyond the sketch plan phase in the unsewered areas of the city. The city council, upon recommendation from the Planning Commission, moved to rescind resolution 911721 in the occasion of the Hesse Farm at it's July 17, 1978, meeting. 3. Of initial importance at this time, is the consideration of several variances to city ordinances 47, 33 and 45 that are applicable to this particular plan. The Planning Commission first must establish grounds for a variance to Section 2:01 of Ordinance 45 which states that the platting and subdivision of lands within areas of the city not served by sanitary sewer shall be prohibited until sewer systems are available to serve the areas proposed to be platted or subdivided. Planning Commission -2- August 23, 1978 Additionally, the planning commission will have to establish grounds for variances to sections of subdivision ordinance 33 which require that all residential lots have frontage on a public street, and said public streets are to have hard surface with concrete curb and gutter, that subdivisions of this nature demonstrate the resubdivision of properties as would happen when sewer is eminent, and that cul-de-sacs should not be more than 500 feet in length. Pursuant to city ordinance, a variance may be granted from the require- ments of an ordinance as to the specific tracts of land where it is shown that by reasons of topography, soil conditions, or other physical characteristics strict requirements with these requirements could cause an.exceptional or undue hardship to the enjoyment of a substantial property right, provided, that a variance may be granted only if the variance does not adversely affect the comprehensive Village plan nor the spirit and intent of the ordinances. 4. The attached copies of the minutes of city meetings concerning the Hesse Farm indicate that the entire parcel was rezoned to P-1 along with the approval of the preliminary development plans of Phase I, east of Bluff Creek Drive. 5. As mentioned in previous reports, there was some question of this proposals applicability to Metropolitan Significance regulations. A copy of the plan has been forwarded to the Metropolitan Council for a determination concerning this matter. We would hope that the Metropolitan Council would respond within the time requested and would not unduly delay the remainder of the review process. 6. The applicant should make an escrow deposit to defray staff costs in processing this application in amount to be yet determined by staff and said deposit should be made no later than September 1, 1978. Planner's Recommendation The Planning Commission at this time should delineate it's position on either granting or denying the above stated variances and each member should give his reasons, for the record, for the recommended action. If the commission favors granting the above stated variances, then a public hearing should be ordered for the preliminary development plan review, and the variance requests. If the commission should decide against recommending approval. of the variances, the commission should then advise the applicant of his right.to public hearing, and the commission should order the said public hearing if the applicant so requests. Planning Commission Me 'ing August 23, 1978 - 7- Roman Roos - There are Lvio separate proposals being renewed together. Craiq Mertz - It would be two separate plats. Bob Meuwissen - When they start developing which way are they going to bring in the ready mix and the equipment? Mr. Bloomberg invited residents to meet with Mr. Davis or himself to discuss the proposal. Jack Melby - There was a Planner's recommendation which.really hasn't been discussed and that was what*to do with Hill Street. Since some of the residents are here that should be reviewed. Bob Waibel - What my recommendation essentially was that these be blocked off and that the residents, if they so desire, gain a safer access through the transportation system of the development. Bob Davis - I don't want to pay for improving roads for other people. They have a road now. If the city would recommend some public improvements this is something else. John Segner - There was four of us that were assessed $1,000 extra for putting tar on Hill Street and.I don't see why anybody else should be cutting in on it now. Bob Davis I am not using Hill Street and that was one of the Planner's original comments back two meetings ago that we not put any additional traffic on Hill Street. Bob Waibel - My recommendation was to essentially eliminate what I thought was a hazardous access onto 101. Bill Brezinsky _ I think we are saying that we still wish that something could be done about the Hill Street thing but with this plan as it is presented right now I don't think it's worth it. Jerry Neher - It is a very dangerous place for a school bus to be turning around. Mal MacAlpine moved to close the public hearing and hold the public record open for one week to receive written comments: Motion seconded by Hud Hollenback and unanimously approved. Hearing closed at 9:25 p.m. DAVISjBL00MBERG SUBDIVISIONS: Mal MacAlpine moved to table discussion until September 13, 1978. Motion seconded by Hud Hollenback and unanimously approved. HESSE FARM, PHASES II AND III - PRELIMINARY DEVELOPMENT°PLAN: Mr. Hesse is proposing to subdivide phases II and III of the Hesse Farm which is located on the west side of Bluff Creek Drive into 27 residential lots averaging approximately five acres in size. The Council moved to rescind resolution 911721 in the occasion of the Hesse Farm at its July 17, 1978 meeting. The Planner discussed his report of August 23, 1978. The property is rezoned P-1. Roman Roos - Let's take the four variances and state our reasons. The first would be the platting and subdivision of lands within the area not served with sanitary sewer. Mal MacAlpine - At our last meeting we felt that if we did make a recommendation to approve this recommendation that we should be very sure that the City Engineer took the necessary steps to see proper type septic system was designed. Hud Hollenback - I agree. I think that's the main consideration here. Apparently it worked for the first phase. Jerry Neher - A previous Planning Commission had more or less approved the whole project. This was grandfathered in in my opinion. Roman Roos - Once we made the recommendation to rescind that resolution 911721. to the Council that automatically said that we figured that Ordinance 45 would not take effect in that area but we did state that the septic Planning Commission Meting August 23, 1978 systems should be, very stringent. That w,_ my big concern. It is the concensus of the Planning Commission based on our comments that we grant the variance to Ordinance 45 in respect to sewer. The second variance required would be in regards to Ordinance 33 which requires all residential lots have frontage on a public street. Craig Mertz - Mr. Hesse advises me that he is proposing to do the same thing he did on the first addition and that would be to make the streets an outlot and the outlot would be owned by the homeowners association. Hud Hollenback - I have,no problem with.that. Jerry yeher -.I have no -problem. . Bob Waibel - The Subdivision Ordinance requires that large tracts of land demonstrate that they can be resubdivided when sewer is imminent. Frank Burg - I am Harold Hesse's engineer. We went through.the same routine that we are embarking on right now when we did the first addition and I think the first and foremost premise.that Mr. Hesse goes on is that (1) the lot will not be resubdivided. The area is to remain large and I think if you look at the plan that we have on this particular Phase II and Phase III development.the topography of the area, the available building sites per lot are very,limited and a resubdivision of the.lots is just impractical. You said the same thing when we did the first phase, that they will not be resubdivided and I think Harold, that went in to the covenants. Hud Hollenback - That's probably the only. reason we are doing this is because we agree there is a need for that type of homestead, however, there is nothing to say that the City..Council again after the year 2000 can come through if they.are told sewer has to go in there and assess each lot owner four assessments or five or six like has happened in some of these other areas where we had large lots. What we find is somebody dies and the son inherits the house and the. first thing you know he -comes up here and wants to subdivide. There is nothing we can do about it. Frank Burg - We agree wholeheartedly with the City's position on this. In this particular one we looked at them from a soils configuration,from a topographical configuration, and the lots are just there. I would say that probably 90% of the lots, no way could be resubdivided. Some of those lots are going to have 13, 15 acres in them but they are unbuildable other than one area which is the area the house is-going:to be which is going to'be.very compatible. to some of your other,maybe,one acre parcels elsewhere in the City. I am going to guess that by the time sewer and water gets to this area which is going to be past the year 2000 that our technology in treating and handling sewage and the transportation of sewage is going to be quite different than it is today. Roman Roos - There .is' very few lots that can be subdivided. Hud Hollenback - You can always make the argument that it doesn=t front on -a-. public street or a private street for that matter and therefore you can't replat it. I guess there is no problem. Roman Roos - In essence what- we are saying is the four variances, we feel, should be granted. Mal MacAlpine moved to hold a public hearing on September 13, 1978, at 8:15 p.m. to consider preliminary development plans for Phases II and III, Hesse Farm. Motion seconded by Jerry Neher and unanimous,ly approved. DISEASED TREE DISPOSAL SITE, CONDITIONAL USE PERMIT: The City Planner gave his report of August-2 , 1978. Doug Mitchell - As far as hours go, if we would open it up to the public and to r 0 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Bob Waibel Chanhassen City Hall Box 147 Chanhassen, MN 55317 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 13, 1979 TELEPHONE (612) 335-9565 Re: The Hesse Farm 2nd Addition Dear Bob: Enclosed you will find my proposed development contract for the above plat as approved by the City Council on November 6, 1978. Please review the document carefully. If you have any changes or corrections, please contact me. I wish to call your specific attention to the following: 1. The numbering system utilized on the proposed Final Plat appears to differ from the numbering system utilized by the Develo- pers on the preliminary plat shown to the City Council on November 6, 1978. My file does not contain a copy of the Novmeber 6 exhibits; hence, I am not able to verify this point. With reference to §10, the emergency access does not appear on the proposed Final Plat. The Developers' attorney, Gary Larson, has provided me with a proposed legal description for the emergency road. The Mayor should not sign the plat until after you have confirmed that this office has received an easement deed from Mr, and Mrs. Hesse vesting emergency access rights in the City. For your reference, I enclose a sketch depicting the approximate access location proposed by the Developers. 2. With reference to §11(a), the Developers' plans indicate that the streets will be surfaced with two sealcoats. However, the City Council minutes of November 6 indicate that -the development con- tract is to provide for "better construction of interior streets." After you confirm with the engineers that the proposed street plans and specifications are adequate, you should fill in the blanks in 911(a) with a description of the plans. 3. With regard to §12, the City file is silent regarding the type of street lighting, if any, required. I have assumed in §12 that there would be.;no public street lighting. CA 1G 197 CH'yN A�F op I C ;i Bob Waibel -2- 8/14/79 Re: Hesse Farm 2nd Add'n 4. In §13, I have provided that the Developers are to provide the municipality with a drainage easement over Outlot A. If the City is to have a public drainage easement across Outlot A, it should be obtained by either so indicating on the plat or by asking the engineers to forward to this office a legal description for that portion of Out - lot A which is to be covered by an easement. 5. The City file is silent as to the status of Outlot B. I have provided in §13(a) that the Developers are to provide the City with a utility easement across this Outlot. In addition, 525 recites that Outlot B is not eligible for a building permit. The Developers' attorney informs me that they have made arrangements to convey this outlot to the Warritz family as a backyard expansion. 6. You must ask the engineers to compute the amount of the performance bond required by §18 of the contract. I have not mailed a copy of this contract to the Developers' attorney. I leave the distribution of copies of the contract to your discretion. Very truly yours, CRAIG M. MERTZ Assistant City Attorney CMM:mep Encl. CITY OF - CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: ,V City Attorney, Craig Mertz City Engineer, Ray Jackson FROM: Assistant Manager/LUC, Bob Waibel DATE: September 24, 1979 SUBJ: Hesse Farm Final Plan PLANNING CASE: P-058 In perusing the attached Hesse Farm development contract draft of August 13, 1979, the Consulting Engineers Diversified letter dated September 18, 1979, and the Schoell and Madson letter dated September 19, 1979, I have the following comments. Sections 2 and 3 of the development contract states that improvements including streets, shall be done to equal or exceed city standards. From reviewing the proposals of the developer, it is apparent that streets of city standard are not being contemplated at this time. It is also apparent from the Consulting Engineers Diversified letter that the developer is not intending to construct the emergency access to the standards of section 10(a) of the development contract. With the above being the case, the city council will need to consider whether a:.waiver is in order or not. This office believes that the existing and proposed street construction standards for the first and second additions respectively, possibly detract from the implied quality of all the other aspects of the development, not to mention potential access problems. However, this could also be considered with the fact that these streets are proposed to be private streets. I am sending a letter to Mr. Hesse indicating that we need the written schedule of work as per section 4 and the emergency easement deed as per item 1 of the Hesse Farm Development Contract cover letter of August 13, 1979. Please notify me of any of your concerns regarding the development contract and the points in this memorandum so that this item can be adequately prepared for city council review. A �' V/-. " �. CITY OF r fit._ 7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 September 24, 1979 Mr. Harold Hesse 1425 Bluff Creek Drive Chaska, MN 55318 Dear Mr. Hesse: Enclosed you will find the draft development contract for the Hesse Farm Second Addition. We ask that you review it and make any comments regarding such to staff so that full preparation can be made for city council review. In addition to your comments, the city offices will need, before execution of the plat, a performance bond for work to be performed in the amount prescribed by the city engineer,'a drainage easement for Outlot A as prescribed by the city engineer, an easement deed for the proposed emergency access on the south side of lot 5, a written schedule of work as per section 4 of the development contract, an executed development contract as approved by the city council, and a deposit in the amount of $1,200 for the development escrow account. Currently, the escrow accounthas a deficit of $977.83. At this stage in the development process, additional staff costs are usually minimal. Any remaining balance will be remitted back to you at the time of filing the plat. If you have any questions, please feel free to contact me.. Sincerely, A4�Z-11 Bob Waibel Asst. Manager/LUC BW:k Enclosure cc: Gary Larson WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON.INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Mr. Craig Mertz, Assistant City Attorney Larson & Mertz 1900 First National Bank Building Minneapolis, Minnesota 55402 Dear Craig: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 19, 1979 Subject: Hesse Farm 2nd Addition, Improvement Plan Review. We have received a revised plan sheet (4795, Sheet 3 of 4) dated September 18, 1979; and Specifications pages, (Special Provisions, pages 2 of 3, and 3 of 3) dated September 18, 1979; from the engineer for the subject project. The revisions relate to our letter of August 7, 1979, reviewing the overall plans and specifications for the project. We will discuss the revisions in the order they appeared in our original letter. 1) The street grade on the first cul-de-sac has been reduced to 8.15 per cent in accordance with previous City Council approval. 2) The street section proposed has been revised to utilize 6-inches of crushed limestone rather than the Class 5 Gravel used in the Hesse Farm 1st Addition streets. The street surface proposed is still a seal coat to be applied at least one year after placement of the rock base. The seal coating is not included in the present contract for grading and drainage construction. 3) The emergency access road is proposed to be constructed with 6-inches'of crushed limestone over the native soil. The resultant road will be less than promised to the City Council, but better than proposed on the original 2021 plan, SEP 1979~� RECEIVED N VILLAGE OF CHANHASSEN ��_ MINK. 3HOELL & MAOSON, INC. Mr. Craig Mertz September 19, 1979 Assistant City Attorney Larson & Mertz Page Two 4) The chain gate barrier on the emergency access road remains the same as originally proposed. The shortcomings of such a barrier have been discussed at length with the City Council, but no better device is available to our knowledge. 5) The plans and specifications do not address turf establish- ment in the areas disturbed by construction. We think this matter is especially critical in the steep slope areas where surface storm runoff may cause erosion. Mr. Hesse has indi- cated he will personally see to the turf establishment and that language could be incorporated into the development contract to insure this fact. We have also computed the improvement costs for bonding purposes. The total estimated cost for the work specified in the plans and specifications if $96,500. This amount does not include seal coating or turf establishment. For bonding purposes, the amount is estimated at $106,150 If you have any questions regarding these matters, please contact us at your convenience. Very truly yours, SCHOELL & MADSON, INC. RJJackson:bk cc: Mr. Bob Waibel Mr, Timothy Gillette consulting engineers diversified inc, p.o. box j. osseo, minnesota 55369 cl (612) 425-2181 civil municipal planning environmental land surveying geotechnics September 18, 1979 Schoeli & Madson, Inc. 50 Ninth Avenue South a-1 1,��?� Hopkins, Minnesota 553431' .�;. Attn: Mr. Raymond Jackson 4'? SEP 1979 � Re: City of Chanhassen, Hesse Farm 2nd Addition, VILLAGX on Changes to Plans and Specifications cp CHANHAS.9Lk Dear Mr. Jackson: M►N� �!`�0' �`;'i a£ Pursuant to our discussion of September 11, 1979 we have made changes to the plans and specifications for the above cited project. Those items that have been revised are enclosed for your use. You will note that the following changes have been made in relation to your letter of August 7, 1979. 1) The grade of the cul-de-sac has been reduced from 10% to 8.15%. It should be noted that the street alignment on the main road has been shifted to accommodate the new grade. 2) We have increased the durability of the proposed road section for both the standard roads and the emergency road. The material that will now be used is 100% crushed limestone and it shall be 6" in depth. This will give a gravel equivalency of 9 inches which increases the road section over -that of Phase I of Hesse Farm by 50%. 3) This item is covered in item 2 above. 4) We have not changed the barrier for the emergency road. As we discussed, it is doubtful that any barrier will keep all vehicles off the emergency road. 5) As we discussed Mr. Hesse will be doing all of the Turf Establishment on the plat. It is to his best advantage financially to make sure that this work is done efficiently. Therefore, we have not emphasized this item any- more than what is presently found in the specifications and plans. keith caswell jr. ri darrell schneider i i richard sha Schoell & Madson, Inc. Page Two September 18, 1979 It is our hope that based on the above changes you will be able to approve the proposed construction on Hesse Farm. It is our desire to expedite the satisfac- tion of all the requirements in relation to this project. Therefore, if you need any further information or if you should have any questions please call our office immediately. Thank you for your help and cooperation in this matter.. Very truly yours, CONSII�TLNG ENGINEER DIVERSIFI" INC. Timothy A. Gir?ette TAG/dn Enclosure cc: Harold and Pat Hesse -G+ty of Chanhassen FIRST NATIONAL BANK OF CHASKA CHASKA, MINN. 55318 (612) 448-2350 DANIEL G. KLEIN. Chairman of the Board GERALD A. REKOW, President STYRK R. OMLIE, Investment Officer FREDERICK R. WHITNEY, Vice President & Cashier THOMAS C. NIMLOS, Install, Loan Officer September 4, 1979 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 RE: Letter of Credit $100,000.00 Harold and Mary Patricia Hesse Chaska, MN 55318 To Whom It May Concern: SANDRA TIETZ, Assistant V. President SHELLEY SHACKELFORD, Assistant Cashier BARBARA BIGAOUETTE, Assistant Cashier JOANN E. OLSON. Head of Bookkeeping The First National Bank of Chaska, 301 Chestnut Street, Chaska, Minnesota 55318, hereby establishes this irrevocable letter of credit for the City of Chanhassen in the amount of $100,000.00 for Harold and Mary Patricia Hesse, Chaska, Minnesota 55318. This letter of credit will expire on August 6, 1980. Sincerely, Gerald A. Rekow President GAR/bb SEp 197g zC w b Cy SAS OF Mll1►N gr�'�� rV WILLIAM 0.(HOELL CARLISLE MADSDN JACK T. VOSLER JAMES R. OAR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN -- SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS August 7, 1979 Mr. Timothy A. Gillette Consulting Engineers Diversified, Inc. P. 0. Box J Osseo, Minnesota 55369 Subject: City of Chanhassen, Hesse Farm 2nd Addition, Improvement Plan Review. Dear Mr. Gillette: We are in receipt of a final set of plans and specifications prepared by youx irm for Hesse Farmn i ion. -e note the following inconsistencies with the final City Council approval of the plat. 1) The proposed street grade on the first Cut -de -Sac is 10 per cent; in excess of the maximum grade (8.15 per cent) previously requested and approved by the City Council. 2) The required street section was never specifically defined but we do not believe the proposed section is adequate for the soil conditions, 3) The emergency access road was promised to be constructed to a nine -ton design by a representative of the developer. The proposed 4-inch thickness of Class 5 gravel over the native soil is certainly not acceptable for this purpose. 4) We do not believe the chain gate provides a suitable bar- rier from public access over the emergency access road. The question of winter maintenance of the emergency access road is also a problem. Gj 4 AUG 1979 RECEIVED VILLAGE OF s .CHANHASSEN, d- MINN. SCHOELL & MAOSON, INC. Mr. Timothy A. Gillette August 7, 1979 Consulting Engineers Diversified, Inc. Page Two 5) Turf establishment in the drainage swales is always a difficult problem and we do not find this matter addressed in a special way. If you have any questions regarding this matter, please contact us at your convenience. Very truly yours, SCHOELL & MADSON, INC. Ri ackson:bk Mr. Bob Waibel, Assistant Manager Mr. Russell H. Larson, Attorney sun I 5� civil municipal planning environmental land surveying geotechnics July 20, 1979 Consulting engineers diversified inc, p.o. box j. osseo, minnesota 55369 ❑ (612) 425-2181 Schoell and Madson, Inc. 50 - 9th Avenue South Hopkins, Minnesota 55343 Attention: William Schoell Re: Submittal of final plans and specifications for Hesse Farm 2nd Addition for approval Dear Mr. Schoell: Please find enclosed 2 copies of the plans and specifications for Hesse Farm 2nd Addition in Chanhassen, Minnesota. it 1s my !indersta.nd n, that voi-I have.made ►]re- liminary approval of the work to be done on the Hesse Farm site. It is my hope that you may be able to approve these plans and specifications as submitted. If you should have any questions please feel free to call our office at your convenience_ Very truly yours, CO ING, NGIN ERS D V SIF ED, INC. Timothy A. 'llette TAG/jah cc: City of Chanhassen 22232� JUL 1979 VILLAGE C' F -�.. CHA1N%HA88©q c, MINN. f�fo76 � � 9C� keith Caswell jr. a darrell schneider i i richard sha CITY JF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: June 22, 1979 _ TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Hesse Farm Phase II Attached is a letter from Gary Larson, representing the Hesse Farm interests, requesting a 90 day extension of time within which to file the final plat. The Hesse Farm Phase II, received preliminary plat approval on November 6, 1978, which is approximately 72 months ago. Section 10.01 Subsection A of Ordinance 33 states that if the final Plat is not filed within 6 months following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. As you know, the same situation arose with the McCleary and Ritter Subdivisions, and they were both granted extensions. I believe that the Hesse Farm situation can be treated the same, however, I feel that from here on out, we should stress the point that these are variances based upon some sort of hardship. I would appreciate your thoughts on whether or not we should follow this procedure in the future, and if so, whether or not staff input is needed to reach a decision on the variance, or to simply let the council formulate their decision independently. / "•-w / .�'btJ re /G. dr U 1 T % / Q 60"N C i / Wi // O�C!i 01r n�:.�+�!. lT /��f seN VQ./:Or 6 l f..J 74, 41-1 0 ) �S�'73 "A LAW OFFICES J en 6erMy & Larson, LICI JAMES G. PENBERTHY GARY LARSON June 19, 1979 Bob Wa i be 1 Chanhassen City Hall Chanhassen, MN 55317 RE: Hesse,Farm 2, 264 WATER STREET EXCELSIOR, MINNESOTA 55331 PHONE (612) 4074-1188 ,+p r e J J D a C e M^-&- Je.✓ On behalf of Harold and Pat Hesse, I herewith respectfully request a 90 day extension of time within which to file their final plat of Hesse Farm 2. As you may know, the engineer coordinating our project, Frank Barg, has retired from practice due to medical reasons. Because of this, this necessitated bringing new people into the project and thereby causing some delay. PENB.-RTHY & ARSON. LTD. Ga ry GL/jm cc Mr. and Mrs. Harold Hesse Herb Baldwin JUN 1979 RECEIVED VILLA(;E OF CHANHASS$N, MINN. n Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422. . .-e-m- City Ytdm;nisimto March 21, 1979 Honorable Walter Hobbs Mayor of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 L� P Dear Mayor Hobbs: The Department of Transportation is developing plans for a new Trunk Highway 169 (41) river crossing. One of the potential alignments may cross the proposed development on the Hesse property, between the railroad and Bluff Creek Drive. This alignment, developed this year, would effectively eliminate development on lots 1, 5, 6, 7, 9, 10 and 11. In addition, a portion of lot 2 would be taken and the cul-de-sac serving lot 12 would have to be altered if the lot is to have adequate frontage. This alignment has many positive features which may qualify it as the preferred alternative. We encourage the city and the developer to consult with us to obtain more information. Please call Bob Paine, Project Manager (545-3761 ext. 118), or Susanne Pelly, Planner (ext. 157). Sincerely, W./M: Crawf&_id, P.E. ? District Engineer WMC:bn (612) 545.3761 < An Equal Opportunity Employer 0 E� consulting engineers diversified inc, p.o. box j. osseo, minnesota 55369 1i (612) 425-2181 civil municipal planning environmental land surveying geotechnics February 7, 1979 Mr. Robert Waibel, Planner City of Chanhassen 7610 Laredo Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Re: Hesse Farm Dear Bob: We are now in the process of finalizing the plat of the Hesse Farm 2nd Addition. We anticipate the plat will be submitted to the County Surveyor for checking within the next few days. Given the usual constraints in checking and corrections, I would anticipate the plat will be in the city within the next 30 days for final approvals. Very truly yours, CO SULTING ENGINEERS DIVERSIFIED, INC. Frank L. Burg, Jr. FB/.)J cc: Harold Hesse : File 4795-B r FER1979 RECEIVED CVILLAGE OF' MASSMV' , dam; M1tYTi . ,� keith caswell jr. a darrell schneider i i richard sha 9 INSURANCE SERVICES ... r.*CFICE OF MINNESOTA a+i q TELEPHONE: (612 ) 338-8200 12 SO. SIXTH ST., ROOM 1229, MINNEAPOLIS, MINN. 55402 G C.S. WRIGHT, MANAGER /0' lxJ January 10, 1979 Mr. Walter B. Hobbs, Mayor City of Chanhassen 7610 Laredo Drive P 0 Box 147 Chanhassen, MN 55317 Dear Mr. Hobbs: The information and maps you have provided on the Hesse Farm Development have been reviewed. There is very little to comment on concerning the overall effect on the fire insurance rating classification as the area involved covers such a small percentage of area in relation to the city as a whole that it will have little or no effect. There does exist the possibility, as more and more of these developments take place, that some adverse effect could occur if the city does not extend the water system and provide fire protection to the same degree as other developed areas in the city. The City Council's approval of the Hesse Farm Development will not adversely effect the present fire insurance rating classification. wjm: kr Sincerely, William J..'.00ers Assistant Supervisor Public Protection JA N 1979 W- _ lop v,. -73 CITY OF ia CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 .,on by City Admimstratur MEMORANDUM TO: Don Ashworth, City Manager Endors::c✓ ✓ h?odiNi d. ReJ&O d Date Date Submitted to Commission FROM: Bill Monk, City Engineer Date £vhmitted to Council DATE: October 14, 1981 __Lql SUBJ: Reduction of Letter of Credit for Hesse Farm 2nd Addition In the fall of 1979 and summer of 1980, Hesse Farm 2nd Addition was improved as a private development. The developers supplied the City with a letter of.credit in the amount of $106,150.00 to insure the completion of the improvements. On September 22, 1981, `-he Council reduced the letter of credit to $14,000 as detailed in 'she attached minutes. That amount represented $10,000.00 for any street failures needing repair within one year and $4,000 for sealing the streets. This office has been notified by the attorney for the developers that they desire to have the letter of credit reduced to $4,000 since one year has passed since completion with no apparent street failures. I have reviewed the project and concur with the statement concerning the condition of the streets. In reviewing this item, I became aware of the council's desire to insure certain improvements within the development in order to guarantee adequate access to the lots in the subdivision. I believe the City has accomplished this task and discharged its responsibility. It is therefore the recommendation of this office that the letter of credit be allowed to expire and that the sealing of the street be left to the discretion (—) the affected property owners. Council Meeting Septem' 22, 1980 -2- MINUTES: Councilman Pearson moved to approve the August 4, 1980, Council minutes. Motion seconded by Councilman Geeing. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Councilman Geving moved to approve the August 11, 1980, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Councilman Swenson moved to approve the August 18, 1980, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geeing, and Swenson. No negative votes. Motion carried. Councilman Swenson moved to approve the August 25, 1980, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geeing, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to note the September 10, 1980, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to note the September 9, 1980, Park and Recreation Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Councilman Geving moved to note the August 28, 1980, Fake Study Committee minutes. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson., Geving, and Swenson. No negative votes. Motion carried. HESSE FARM SECOND ADDITION IMPROVEYIENTS, FINAL ACCEPTANCE: Pat and Harold Hesse and Gary Larson, Attorney, were present. Mr. Larson, speaking in behalf of the Hesse's, stated that they had extended their letter of credit for 30 days but feel the additional costs are -an undue hardship as the streets were completed in November of 1979. The City Engineer stated that his office has not received notification that the streets have been completed. At this time the sealcoating has not been completed. Councilman Pearson moved that $14,000 would be in effect for a year from this date. After that time the City would release $10,000 and $4,000 would remain for completion of the sealcoating. Contingencies, if any, would be subtracted from the balance. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Council members felt that this is purely a private road and nothing that was done this evening leads the Coundil to believe that at its present standards are acceptable as a public road. LAKE ANN PARK EXPANSION AND BOAT ACCESS, GRANT APPLICATION: The Lake Study Committee recommended that the Council proceed with the application to acquire 15 acres on Lake Ann to construct a non -motorized boat access. Councilman Geving moved to proceed with the execution of the application for a IANCON Grant for the public boat access site on Lake Ann and proceed with negotiations with Dunn and Curry in the acquisition of the 15 acres. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Geving. Councilman Swenson voted no. Motion carried. CITY GF s CHANHASSEN 7610 LAREDO DRIVE • P.0 BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 action by Council-. MEMORANDUM TO: Mayor and City Council RejEcted FROM: City Manager, Don Ashworth Da S� f- pqt u' w'/- � DATE: September 22, 1980 SUBJ: Hesse Farm 2nd Addition, Accept Public Improvements ._. The decision on this item should be simple as the heading "Hesse Farm 2nd Addition Improvements, Final Acceptance". Unfortunately, it isn't. Two factors provide frustration in making a recommendation on this item - 1) what was required versus what should be required, and 2) a recognition that the development contract process is in relative infancy and therefore provides few guidelines. For example, the performance bond requirement (guaranteeing work for one year after completion of improvements) has only been included in the last few development contracts. However, this requirement grew out of a recognition of a "loop hole" that existed in such contracts and that the City had no reasonable way in which to assure that repairs could be completed within a reasonable period after installa- tion. The above points lead to further questionslconcerns which can best be illustrated in the summary of questions/responses asked by myself of our consulting engineers/attorneys/planner; i.e. Why does the City of Chanhassen require a letter of credit for completion of improvements? A. - To assure that improvements authorized by the Council will be completed recognizing that,after signing of the plat, sale of lots can occur with no other means to guarantee that such improvements will be completed. Has not the "letter of credit'requirement existed for several years? A. - Yes. Mayor and Council -2- September 22, 1980 Q. - Is the performance bond1letter of credit guaranteeing work after completion of the job a relatively new requirement? A. - Yes. Why was it added? A. - Because of problems which occurred in development such as Trolls Glen. Does the City of Chanhassen require a performance bond under contracts let by ourself? A. - Yes. Q. - Is this an additional expense to the City? A. - No. Why can't the City be shown in the performance bond for private developments and thus provide the same level of guarantee as in public improvements? A. - The bond is solely in favor of the party letting the contract and no additional names would be added. Q. - Can the City reasonably ask the developer to seek relief from the performance bond if failures occur? A. - If the developer did not seek relief, the City would be required to sue for judgement against the developer. The City would be responsible for any attorney/court costs in this process. The developer would also have significant court costs he may be unwilling to expend. For example, would the developer pursue repairs if the East Lotus Lake Sewer and Water:!Project would have been private? Our opinion would be that he would not. Conclusion: If the City is to be assured that failures are to be corrected, a letter of credit is necessary for the one year period after completion of the project. This also points to the fact that the City should reasonably let all contracts, payment of such occurring from a letter of credit by the developer, to assure both the developer and City that the per- formance bond could run in the name of the City and thus reduce costs and grief to both the developer and City. The question as to whether the letter of credit needs to be in a full amount of the original contract, or a lesser amount, is not an easy question. Specifically: Mayor and Council -3- _,September 22, 1980 i Q. - Do the streets constructed with the Hesse Farm Addition meet City specifications for streets? A. - No. Q. - Why Not? A. - Mr. Hesse painted a picture of a rural setting wherein residents would be aware of the fact that streets would be of a lesser standard, no sewer, no water, etc. Do the streets meet the lower standards agreed to by the City? A. - We believe so. However, disagreements existed as to whether Mr. Hesse's consulting engineers did or did not contact Schoell and Madson when work was to be performed so that spot checks could be carried out. The bottom line is that it was completed without a reviewal . Test samples would indicate that such work was in line with the lower standards. However, spot samples may not be indicative of the entire project. Q. - Will the streets "fail" in light of the fact that such is a "rural setting"? A. - In all likelihood - yes. Q. - What option will be open to owners at that time? A. - Seek relief from the developer in assuring access to or from their properties and/or petition the City to accept the streets as public. Q. - Will the City accept such streets as public streets? A. - Council decision. However, staff would have to recommend against such until such time as they were brought up to residential standards. Would the developer be liable? A. - In approving the rezoning from farm property to residential, the City must review the additional value given to such property by such rezoning in light of requirements to gain that zoning designation. Once those conditions are set, the developer cannot be further held responsible for failures. Mr. Hesse could feel a moral obligation for correction, but such would be solely his decision. In this context, it should be noted that a majority of property owners in the Hesse Farm Addition have agreed to payment of a portion of the costs of bringing Bluff Creek Drive up to standards allowing reasonable access to their property. Mr. Hesse has officially given the City notice of his opposition to this project and potential legal action if the City proceeds. Conclusion: The City of Chanhassen has agreed to the design standards set within the Hesse Farm Addition. The City Engineer's office could not guarantee that the work would not have to be totally redone within the one.year period. The City should reasonably seek a letter of credit in the full amount of the improvements during the next one year period. This project reasonably points to the fact that the City Engineer's office should be responsible for all work, after letting of Mayor and Council -4- September 22, 1.980 the contract by the City, i.e. staking and inspection. This basic policy question was reviewed by the City Council during discussions in regards to Ecklund and Swedlund and Near Mountain, and, staff believes that the Council does support this position for all future projects.. Q. - Should the letter of credit be increased to include the cost of seal coating after a two to three year period? A. - If such is to be guaranteed, yes. Q. - Can the City take any additional action, at this time, in regards to questions raised regarding septic system Failures? A. - No. The necessity to pass a percolation test was a condition of approval and must be met prior to obtaining a building permit. The homes have met this requirement; however, they are barely above the State standards. Even though the highest State requirements are being enforced, there is still a strong likelihood of failure. Additionally, Chanhassen has been noted as a community having a large number of septic system failures, within the 201 study, and -such may become a problem for the City in the future. Additionally, because of failures, current Metropolitan regulations would require municipalities to carry out continual reviews of septic systems at the expense of the municipality. Recommendation 1). Acceptance of the improvements within the Hesse Farm is recommended. 2). The letter of credit should be extended for one year following acceptance by the City, in the full amount of the contract plus 150% of the estimated cost of seal coating. 3). Boulevard sodding and driveway surfacing should be deleted in light of decisions made in regards to the McCleary subdivision. fl V SOON consulting engineers diversif led inc, p.o. box j. osseo, minnesota 55369 ❑ (612) 425-2181 civil municipal planning environmental land surveying geotechnics S"Mosbor 190 tm I". Afts r, PA. Sowell aad d * Is . so • ftb A � h RWkilns,P NIMMOU 0343 40: NMax F&M tad Adoitiao Dear Am In ours con"notim ao august fig* I9W, 1t tas menti W that ftb WI*Wl would ootaeftd by ,your firm and he u14 write a I#ttar of accapta a for roads fn the 3ssa`a at. Ia Icy discussion with. Mr. Viebal this woo* It stated On letter Of acew"A 11 be #ttas until a lot -ter of ri ;.: ation is cafvOd , f*5-- you. At it is Witt fleariog the aspiration data of the bold and t aOrwal Use bdom deltyed beaoW any mumabl# tim limits. P1+ ss t 08 aft Ywr reco . °1 tion to t +City as steal as possible. If tb" is anythiftq We ceo 00 to assftt ,w in this Ilaattor* pleese tall our of'fi3 . TN' da l a V07 deWWS Of gatt#Isg this OWSP claar#d Up. sineoft1y. ctz Pat and Harold Kassa Gov Lamm, Attoraay WF wfI SEP 1980 VUJACM OR RJECFJVM SASS keith Caswell jr. a darrell schneider ii richard sha 7t7 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ September 19, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel Assistant Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Hesse Farm 2nd Addition Improvements Dear Bob: TELEPHONE (612) 335-9565 A copy of your memorandum of September 11, 1980 addressed to Don Ashworth has been forwarded to me. A note in Mr. Ashworth's handwriting in the margin of that copy indicates that I am to verify that the deeds or covenants for Hesse Farm reflect the necessity to submit the results of successful percolation tests prior to the issuance of any building permits, In my letter to you of January 8, 1980, I reviewed the restrictive covenants which were submitted to me by the developer's attorney on December 4, 1979. While those covenants do not specifically mention any percolation tests they do state that each Hesse Farm 2nd Addition owner "...must construct his well(water supply) and sewer facilities to conform with county and city requirements." The developer's attorney, Gary Larson, informs me that his clients wish to indefinitely delay the installation of the seal - coat until most of the houses in the subdivision have been completed. At a minumum, the city should require the developer to file a cash deposit or a letter of credit sufficient to cover the estimated costs of completing the sealcoat. /Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM: ner �ti;15Ie 0,7n , 3r ��0- CITY" --OF C H A X X 7610 LAREDO DRIVE ® P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 19, 1980 Mr. Harold Hesse 1425 Bluff Creek Drive Chaska, MN 55318 Dear Mr. Hesse: This is to inform you that the City Council will be discussing the construction of improvements and terms of the development contract for Hesse Farm 2nd Addition, at approximately 8:45 p.m.. September 22, 1980. if you have any questions before.the meeting, please feel free to contact me. Sincerely, Bob Wai'be.1 Land Use Coordinator BW: nh MEMORANDUM 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOT 55317 (612) 474-8885 l � - 55 S - " •r . DATE: September 11, 1984 .6 TO: Don Ashworth, City Manager / G` ��� Russ Larson, City Attorney Jim- Orr, City Engineer �. � I FROM: Bob Waibel, Land Use Coordinator SUBJ: Hesse Farm 2nd Addition Improvements �' d" b PLANNING CASE: g@058 This memorandum is in response to the request for comments on � S the extension of the Hesse :F"arm letter of credit. i As stated "in the development contract, the letter of credit is to assure and uarantee "that the improvements to be by the developers construc.te , installed, and furnished as set forth in paragraph 1. a` ` (street' grading, stabilizing and surfacing, storm and "surface water drainage, street signs, boulevard sodding,. driveway surfacing, underground utility lines, and turf establishment in all areas disturbed by site _grading and by road construction and by construction of drainage swales) sha11,— constructed, installed., and furnished according to the terms`= -.of: this".:agreement ..and that. the developers shall pay -all ,cfl ims for work- done and .materials- and supplies for the performa:rice- of= this -'agreement, -'and that the "devel"oPers, shall. fully comply -`with all of the other terms and.. -provisions o 7-this development contract, developers agree.to-furnish to the City, either a cash deposit, a corporate surety bond " X had reviewed the subject development on September 9,l1980, �o� r el°fr and it was apparent that all of the above items were completed fe<<'Q� with the exception of street surfacing, oulevard sodding, and driveway surfacing. Additionally, there was no readily apparent signs of the completion of the installation of natural 5`" gas lines within the second phase or the installation of telephone c� and electric lines north of the intersection of Heidi Lane and •-� West Farm Road. This office is assuming that these exceptions 4r,. pr"fis mentioned above, are yet to be completed unless ve-rificati'on is given by your offices that these items have been,. in- fact, completed or deleted as part of the development requirements (section 9 of the development contract states that the boulevard MEMORANDUM to D. Ashworth, R. Larson, & J. Orr page 2 September 11, 1980 t F - sodding or seeding and the driveway surfacing is to be installed. no later than date of occupancy of the individual. residences. $� and that the driveway surfacing is to he approved by the City Engineers. Section 9 additionally requires that the .developer. � agrees to furnish the City a corporate surety bond, in the amount �s of $7000 per lot, or with the consent of the City in lieu of C_ r�,j that bond the developer may deposit the sum of $250 per -lot, I -Ps bQ, with the City at the time application is made for a building ,C� permit for each lot to assure that the boulevard sod and/or. w° eX seeding and the driveway surfacing has been installed according d.�'to our requirements. The files of this office indicate that: c the $7000 per lot deposit requirement has not been met as of yet,nor has the City given consent to allow the $250 in lieu of said bond. fl° 91 Since there are no municipal utilities installed at the subject development,_I believe that the as -built plans as required, by Section 7.b. are not necessary to be filed. W* ith- the City — The development contract does state that the performance bond 1/4 �.requirements are to assure compliance with all of the terms of the development contract. Response on the above by appropriate 2 departments.is requested so that (1) the proper extension n the performance sureties may_ be made to_guarantee__a1_I_ the work_ ne ea.r and�2) that the performance surety may be reduced 3:n amount taking into account work completed to this day.. This office feels that for guarantee of workmanship purposes, - a reduced amount of surety, in an amount:. recommended by the City Engineer-, will suffice. This is based upon the premise that the --failure of the workmanship on all or a great portion of the -improvements within one year after completion is extremely remote. Please advise on the above as soon as possible. Bid: nr Please note that Section ll.a. of the development contract requires that installation of seal coat is. to be installed at least one year after the installation of the limestone base. It appears that accordingly, action on this item will need to be taken fairly imminently. This office recalls a discussion of the staff meeting - approximately six months ago, wherein it was discussed that a great majority of the building -sites of the Hesse Farm 2nd Addition would have difficulties in passing P:etc.tests. In realizing there have been two residential construction starts at the subject development since this discussion, I request to -'be appraised of any new information any department has regarding this matter. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Don Ashworth P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, inic. ENGINEERS AND SURVEYORS (5121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Subject: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 9, 1980 Hesse Farm 2nd Addition Letter of Credit With reference to the above matter, the work has been completed satisfactorily from our point of view with one exception. That exception is the seal coating. The question I raise is whether the development contract covers the timing of seal coating as relates to the letter of credit. The developers did not propose to seal coat until 2-3 years hence as I understand. The Council at our most recent tour has also had an opportunity to view this project. JROrr:mkr cc: Mr. Craig Mertz very truly yours, SCHOELL & MADS`. z� t V J �.n _ ��r1998/0 Ri;.CG11f F-V VIL.L.AGN C!! CHANHASSM MINN. I.ARSON & MEnTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ September 3, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Hesse Farm 2nd Addition - Dear Don: 0, '4;M 61-1- TELEPHONE (612) 335-9565 SEP 1980 ON Cm RECEIVED VILLAGE OF A CHANHASSEN, U>/ MINN. �N4j J The letter of credit furnished by Mr. and Mrs. Hesse in connection with the 2nd Addition expires on September 29, 1980. A policy decision must be made regarding whether the Staff should seek a renewal of that letter of credit. In the fall of 1979 Mr. and Mrs. Hesse filed as security _under their development contract a letter of credit in the amount of $106,150.00. Among other things, that letter of credit guaranteed completion of the privately owned street system and completion of the emergency access. That letter of credit, according to its terms, would have expired on August 31, 1980. A 30-day extension on that letter of credit has been granted by the issuing bank. Mrs. Hesse has reported to me that she and her husband have completed all of the various improvements contemplated by the development contract. Section 6 of the contract provides that the developers are obligated to replace any work found by the City to be defective within one year after acceptance by the City. If the City desires that the letter of credit remain in force during the duration of the one-year guarantee, demand should be made on the developers at this time for a further extension of the letter of credit in question. Enclosed you will find the original copy of the letter of credit, together with the original copy of the supplement thereto which extends maturity to September 29, 1980. Both of these documents should be placed in the City vault for safekeeping. Very truly yours, CRAIG M. MERTZ CMM:ner Assistant Chanhassen City Attorney enc cc: Gary Largnn. Fscr_ RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel Chanhassen City Hall Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 5, 1979 Re: The Hesse Farm 2nd Addition TELEPHONE (612) 335-9565 Enclosed you will find the letter of credit dated September 1, 1979 in the amount of $106,150 issued by the First National Bank of Chaska in connection with the Hesse Farm 2nd Addition. This letter of credit should be placed in the City vault for safe- keeping. I find this letter of credit to be sufficient so as to permit Mr. and Mrs. Hesse to do the preliminary grading of the site. No work should be permitted beyond the preliminary grading stage until such time as the development contract has been approved by the City Council and executed by Mr. and Mrs. Hesse. In addition, there are four easement deeds which should be tendered to the City prior to any authorization of work beyond the preliminary grading stage. Very truly yours, CRAIG M. MERTZ CMM:mep Encl. cc: Gary Larson OCT 1979 RECEIVED VILLAC3E OF. I\� .CHAM-MASSM, �("�. MINK c i September 1 , 1979 City of Chanhassen Box 147 Chanhassen, MN 55317 Attn: Donald W. Ashworth City Manager Re: The Hesse Fakm�'2nd Addition Harold Hesse and Mary Patricia Hesse IRREVOCABLE LETTER OF CREDIT NO. 1001 Dear Sir: We hereby authorize you to draw on the First National Bank of Chaska, Chaska, Minnesota 55318, for the account.of Harold Hesse and Mary Patricia Hesse, up to the aggregate amount of One Hundred Six Thousand One Hundred Fifty and no/100 ($106,150.00) Dollars, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 10o1 " The draft must be presented to the First National Bank of Chaska no later than 3:OOp.m. on August 31, 1980, after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 1001 , dated September 1 , 19' 79 , on the First National Bank of Chaska, Minnesota." This Letter of Credit is given to secure performance by Harold Hesse and Mary Patricia Hesse of their obligations under the Agreement.with the City of Chanhassen. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presentation to the drawee. Yours Truly, President h FIRST NATIONAL BANK OF CHASKA CHASKA, MINN. 55318 (612) 448-2350 DANIEL G. KLEIN, Chairman of the Board GERALD A. REKOW, President RONALD E. JACKELEN, Operations Officer STYRK R. OMLIE, Investment Officer SANDRA TIETZ, Assistant V. President FREDERICK R. WHITNEY. Vice President & Cashier SHELLEY SHACKELFORD. Assistant Cashier THOMAS C. NIMLOS. Install, Loan Officer JOANN E. OLSON, Assistant Cashier City of Chanhassen Box 147 Chanhassen, MN 55317 Attn: Donald W. Ashworth City Manager Dear Sir: August 29, 1980 RE: The Hesse Farm 2nd Addition Harold Hesse and Mary Patricia Hesse Letter of Credit NO.1001 The above stated letter of credit # 1001 is hereby modified as follows: It is mutually agreed that the matruity of the Irrevocable Letter of Credit NO. 1001 , and its contents, be extended from August 31, 1980, 3:00-?.M. to September 29, 1980, 3:00--P.M. We have been in contact with the Hesses, and Craig Mertz of the City of Chanhassen, all have mutually agreed to this extension and its content.. Yours Truly, Frederick R. Whitney Vice President and Cashier FRW/bb FIRST NATIONAL BANK OF CHASKA CHASKA, MINN. 55318 (612) 448-2350 DANIEL G. KLEIN, Chairman of the Board GERALD A. REKOW. President STYRK R. OMLIE. Investment Officer FREDERICK R. WHITNEY, Vice President & Cashier THOMAS C. NIMLOS, Install, Loan Officer City of Chanhassen Box 147 Chanhassen, MN 55317 Attn: Donald W. Ashworth City Manager Dear Sir: RONALD E_ JACKELEN. Operations Officer SANDRA TIETZ. Assistant V. President SHELLEY SHACKELFORD. Assistant Cashier JOANN E. OLSON. Assistant Cashier August 29, 1980 RE: The Hesse Farm 2nd Addition Harold Hesse and Mary Patricia Hesse Letter of Credit NO. 1001 The above stated letter of credit # 1001 is hereby modified as -follows: It is mutually agreed that the matruity of the Irrevocable Letter of Credit NO. 1001 , and its contents, be extended from August 31, 1980, 3:00-P.14. to September 29, 1980, 3:00-PM. We have been in contact with the Hesses, and Craig Mertz of the City of Chanhassen, all have mutually agreed to this extension and its content. Yours Truly, • o Frederick R. Whitney Vice President and Cashier FRW/bb 4 Se;-.tember 1 , 1979 City of Chanhassen Box 147 Chanhassen, MN 55317 Attn: Donald W. Ashworth City Manager Re: The Hesse Farm`"'2nd Addition Harold Hesse and Mary Patricia Hesse IRREVOCABLE LETTER OF CREDIT NO. '1001 Dear Sir: We hereby authorize you to draw on the First National Bank of Chaska, Chaska, Minnesota 55318, for the account.of Harold Hesse and Mary Patricia Hesse, up to the aggregate amount of One Hundred Six Thousand One Hundred Fifty and no/100 ($106,150.00) Dollars, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 1001 .11 The draft must be presented to the First National Bank of Chaska no later than 3:00p.m. on August 31, 1980, after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 1001 , dated September 1 , 19' 79 , on the First National Bank of Chaska, Minnesota." This Letter of Credit is given to secure performance by Harold Hesse and Mary Patr ni_a Hesse of their obligations under the Agreement with the City of Chanhassen. File hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presentation to the drawee. Yours Truly, dice President FIRST NATIONAL BANK OF CHASKA CHASKA, MINN. 55318 (612) 448-2350 DANIEL G. KLEIN, Chairman of the Board GERALD A. REKOW, President STYRK R. OMLIE. Investment Officer FREDERICK R. WHITNEY, Vice President & Cashier THOMAS C. NIMLOS. Install. Loan Officer RONALD E. JACKELEN. Operations Officer SANDRA TIETZ, Assistant V. President SHELLEY SHACKELFORD. Assistant Cashier' JOANN E. OLSON. Assistant Cashier September 23, 1980 City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: The Hesse Farm Addition Harold Hesse and Mary Patricia Hesse IRREVOCABLE LETTER OF CREDIT NO. #1002 To Whom it May Concern: We hereby authorize you to draw on the First National Bank of Chaska, Chaska, Minnesota 55318, for the account of Harold Hesse and Mary Patricia Hesse,up to the aggregate amount of Fourteen Thousand and no/100 ($14,000.00) Dollars, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. #1002. The draft must be presented to the First National Bank of Chaska no later than 3:00 p.m. on September 23, 1981, after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft mustbear upon its face the clause "Drawn under Letter of Credit No. #1002, dated September 23, 1980, on the First National Bank of Chaska This Letter of Credit is given to secure performance by Harold Hesse and Mary Patricia Hesse of their obligations under the Agreement with the City of Chanhassen. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presentation to the drawee. Your. truly,// Sandra R. Tiet Ass't Vice President MINUTES OF THE REGULAR MEETING OF THE CHANHASSEN PLANNING COMMISSION HELD AUGUST 13, 1980, AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS F Members Present: Chairman Horn, W. Thompson, J. Thompson,. M. Thompson, A. Partridge. Members Absent: W. Johnson and T. Hamilton. Staff .Present: B. Waibel. APPROVAL OF MINUTES Planning Commission Minutes of May 28, 1980: Mr. Partridge cited a change for paragraph 8, page 2, changing the first word of the second line to "flux." Chairman Horn cited a change for the last paragraph of page 10 to change from "low townhouses" to "row townhouses." Planning Commission Minutes of June 11, 1980: Mr. J. Thompson noted that a change should be made to page 2 on the fifth line from the bottom to read "program of least cost." Planning Commission Minutes of June 25, 1980: Mr. Partridge noted that he felt the minutes on the Lake Lucy Road watermain did not include a level of detail suffictent for consideration of the subject and that it should be noted that the Planning Commission did discuss the matter at length as to the options in the proposal, costs, and its land use ramifications, and that the Planning Commission unanimously recommended to the City Council that the Lake Lucy Road watermain not be built and that the drilling of a well at pump house No. 3 is the most preferrable option. Mr. A. Partridge noted that the minutes should be corrected .to say that the Waldrip proposal was not discussed but was mentioned. Planning Commission Minutes of July 9, 1980: Chairman Horn cited a change to Item No. 6 on the Holasek proposal to remove the word "indefinitely." Planning -Commission Minutes of July 16, 1980: No corrections recommended. ZONING REVERSION FROM P-2 PLANNED UNIT DEVELOPMENT DISTRICT TO R-iA, AGRICULTURAL RESrUENTIA-L--DhSTRICT, OAKMO-NT PROPERTY,- -PUBLIC-HE-AR-I-NG.. Mr. Waibel presented the staff report on the subject item saying that the Planning Commission recommended that the City Council direct staff to proceed to invoke Sectton 14.07 of Ordinance 47 to revert the existing zoning to its previous zoning of R-1A, Agricultural Residential District. 8-13-80 Chanhassen Planning Commission Minutes - page 2 Mary Kurimchak, 7130 Utica Lane, stated general favor witli the action to rezone the property to R-IA, AgriculturaltResidentiai District, and delivered a statement outlining her opposition at the time the PUD zoning was under review in 1970. She cited that the subject property has severe soil limitations for development. The Planning Commission dtseussed the fact that a zoning was placed on the properties in 1970 and that sewer is still not yet available to the subject property. Mr. W. Thompson moved and Mr. Partridge seconded to recommend that the City Council rezone the Oakmont property from P-2, Planned. Unit Development District, to R-1A, Agricultural Residential District. All voted aye. Motion carried. Planning Commission stated that, for the record, no one present was in opposition to the proposal. SUBDIVISION VARIANCE REQUEST, SOUTH 1/2 of SECTION 25, DAVID NICHOLAY. Mr. Waibel presented the staff report stating that the request be in need of numerous variances of Ordinances 45, 33, and 47, and also the City Attorney's Report of August 7, 1980, was entered into the record, which indicated four sections of the Ordinance to which variance would be needed if this request was to be granted. Mr. David Nicholay stated that the reason he was attracted to this parcel was because of its suitability for earth -sheltered housing. The Planning Commission inquired of staff the reasons for the standards of Ordinance 45 such as eligible parcels for building permits, frontage on a public street, etc. The Planning Commission inquired of staff what actions could be in order on this request and staff responded that Planning Commis- sion could (1) deny orderr'ng a public hearing for the request, (2) recommend to the City Council that the staff be allowed to research the question of the City's policies regarding the un- sewered areas of the city in anticipation of ordinance amendments, and (3) order a public hearing to consider the variances needed to build on this subject parcel at this time. Staff noted the" narrowness of the guidelines to which a variance can be given in this case and that such an action implies that the ordinances governing the unsewered area would be amended by precedent. Motion was made by Mr. W. Thompson and seconded by Mr. M. Thompson to hold a public hearing for a variance request. All voted aye. Motton carried. 17 LAW OFFICES J enbez-M cfc Larson, &W JAMES G.PENBERTHY GARY LARSON July 17, 1980 City of Chanhassen Attn: City Manager 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55317 RE: Petition for Feasibility Study. 264 WATER STREET EXCELSIOR.MINNESOTA 55331 PHONE (61 2 ) 474-1 188 €ig tl City Adml lsfrafof- coos?f AfWfflty The undersigned represents Harold F. Hesse and Mary P. Hesse, owners, as you know of a majority of Hesse Farm, City of Chanhassen. They have asked that I write you to register their opposition to the Petition requesting a feasibility study on Bluff Creek Drive. As you may know if such a project were assessed on.a unit basis, the Hesse's.own a majority of said unit. PENB HY & LARSON, LTD. VY� Gary Larson GL/ldc cc: Mr. & Mrs. Harold Hesse ,v WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN d SCHOELL & MAOSON.INC. ��lgti ENGINEERS ANO SURVEYORS 338-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS January 30, 1980 Consulting Engineers Diversified, Inc. c/o Mr. Jim Johnson P. 0. Box J Osseo, Minnesota 55369 Subject: City of Chanhassen, Minnesota Hesse Farm Development Gentlemen: With reference to the above named project, we herein wish to inform you that proper notice was not given to enable our inspection of the subgrade prior to rock placement. We were to be notified for this inspection as described. Please be advised that acceptance of these roads, and release by the City of escrowed money or security, will be delayed until it is demonstrated that adequate subgrade preparation was achieved. Very truly yours, SCHOELL & MADSON, INC. JROrr:mkr.� cc: Mr. Don Ashworth )y 1 r FE31980 RJECEIVED Yltl.ol4SK Ci3 C_HANHASS04 MINK. , LA.RSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL January 22, 1980 HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Assistant City Manager Box 147 Chanhassen MN 55317 Re: Hesse Farm 2nd Addition Dear Bob: The developer has now provided me with the deeds for the four easements which were to be conveyed to the City in connection with this plat approval. I have forwarded those deeds to the County Recorder's office. CMM:ner cc Don Ashworth Gary Larson Very truly yours, C 241 CRAIG M. MERTZ Assistant City Attorney !� AN 1980 Vzo C'l CRAnr °R �� � 9 �", CITY OF CHANHASSEN PLANNED UNIT DEVELOPMENT CONTRACT THE HESSE FARM 2ND ADDITION �THIS AGREEMENT, Made and entered into this day of ,. 1979, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the City, and HAROLD HESSE and MARY PATRICIA HESSE, hereinafter referred to as the Developers. WHEREAS, The Developers, as owners of certain lands within the City of Chanhassen which are more particularly described on Exhibit A, hereinafter the Subject Premises, attached hereto and made a Dart hereof, in 1973 made application under the City Zoning Ordinance'for approval of a P-1 Planned Residential Development Plan consisting of Phases I, II and III; and WHEREAS, the Developers' development plan and plat for said Phase I, consisting of all those portions of the Subject Premises lying easterly of Bluff Creek Road, were approved by the City Council on May 5, 1975, said plat being filed with the Carver County, Minnesota Recorder as the plat of The Hesse Farm; and WHEREAS, the Developers have made application to the City Council for approval of Phases II and III of said plan, consisting of a preliminary plat containing 28 lots and 3 outlots, to be known as The Hesse Farm 2nd Addition and containing all those portions of the Subject Premises lying westerly of Bluff Creek Road; and WHEREAS, a copy of said proposed plat of The Hesse Farm 2nd Addition (hereinafter the Plat) dated is on file with the City Zoning Administrator; and WHEREAS, City Council Resolution No. 911721, adopted Septem- ber 11, 1972, provides that lands proposed to be developed as a Planned Development District which are not served by City sanitary sewer and water will not be considered beyond the sketch plan stage as set forth in the Chanhassen Zoning Ordinance; and WHEREAS, City Ordinance No_ 45, §2.01, enacted March 15, 1971, prohibits the platting and subdivision of land not served by the' City sanitary sewer system; and WHEREAS, sanitary sewer and municipal water presently are not, and in the foreseeable future will not be, available to the Subject Premises; and -1- WHEREAS, approval of the preliminary development plan.and plat -of Phase I was preceeded by a waiver of Resolution No. 911721; and WHEREAS, the City Council, by its action of November 5, 1973, granted a variance allowing the development of the Subject Premises, §2.01 of Ordinance 45 notwithstanding; and WHEREAS, the City and the Developers recognize that Phase I and Phases II and III of the Subject Plan are parts of an integrated plan for the development of the Subject Premises with unique topo- graphical characteristics; and WHEREAS, based on the foregoing considerations, the City Council, by its resolution dated July 17, 1978, exempted Phases II and III of the subject plan from Resolution No. 911721; and WHERkAS,a public hearing was held by the City Planning Commission on September 13, 1978, to consider public comment on the development plan and plat of Phases II and III of the subject plan; and WHEREAS,the City Council, by its resolution dated November 6, 1978, granted a variance to §2.01 of Ordinance No. 45 and approved the development plan and preliminary plat of The Hesse Farm 2nd Addition, incorporating Phases II and III of the preliminary development plan, subject to and on the condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, boulevard sodding, driveways, storm and seirfa.ce water drainage facilities, street signs, and under- ground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as "improvements"; and WHEREAS, the Developers have made application to the City to be allowed at Developers' 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. Storm and surface water drainage. C. Street signs. d. Boulevard sodding or seeding. e. Driveway surfacing f. Underground utility lines. -2- NOW, THEREFORE, in consideration of the foregoing premises, and acceptance by the City of the preliminary development plan and plat of The Hesse Farm 2nd Addition, the City and the Developers agree as follows: 1. Improvements by Developer. Developers agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and surfacing. b. Storm and surfact water drainage. C. Street signs. d. Boulevard sodding. e. Driveway surfacing. f. Underground utility lines. g. Turf establishment in all areas disturbed by site grading and by road construction, and by construction of drainage swales. 2. Standards of Construction. Developers agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the inspection and approval of the City engineers. The prior sentence notwithstanding, construction of private streets and the emergency access shall be..deemed to meet City standards if constructed in accordance with the Developers' plans and specifications on file in the office of the City Engineer as modified by revised plan sheet (4795, Sheet 3 of 4) dated September 18, 1979, and by specifications pages (Special Provisions, pages 2 of 3 and 3 of 3) dated September 18, 1979. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith, shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City 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 City at the cost and expense of the Developers. 4. Schedule of. Work. The Developers further agree that they shall commence work.hereunder on or before , 19 , and shall ahve all'work done and improvements fully completed to —the satisfaction and approval of the City on or before , 19_ The Developers'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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. -3- Revised CMM 10-2-79 5. Written work Orders. The Developers shall furnish materials for which reimbursement is expected unless a written order for such work or materials is City. Any such work or materials which may be done o Developers without such written order first being giv own risk, cost and expense, and Developers hereby agr such written work order, Developers will make no clai for work or materials so done or furnished. - do no work nor from the City received from the r furnished by the en shall be at their ee that without m for compensation -3A- 6. Replacement of Defective Rork and Guarantee. All work and materials performed and furnished hereunder by the Developers", their agents and subcontractors, found by the City to be defective within one year of_-er acceptance by the City shall be replaced by Developers at Developers' sole expense. 7. Grading Plan and Grading Restriction on Outlots A and B. a. No permit for grading and for installation of roads, storm and surface water drainage facilities shall be issued and the Developers shall perform no such grading and installa- tion except in strict conformance with the Developers' final grading and installation plan dated and approved by the City on b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. No portion of Outlots A and B shall be developed, altered, or disturbed in any way except as an amendment to the development contract. 8. Water and Sewage Disposal Systems. Plans and specifications for all water and sewage disposal systems, including individual wells and septic tanks, shall be submitted to the City Building Inspector for his approval prior to the construction or installation of said systems by the Developers, their successors or assigns. Said plans and specifications shall meet the criteria and standards set forth by the Minr:psota Health Department. 9. Boulevards and Driveways. The Developers or their assigns agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of each lot within the plat, no later than the date of occupancy of the principal residence constructed thereon or as soon as weather permits: a. Boulevard sod or seeding, either of which shall be of uniformly good quality; and b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers. For the purpose of assuring to the City that the improvements required by this paragraph shall be constructed and installed according to the requirements of this agreement, Developers agree to furnish to the City a corporate surety bond, approved by the City, in the amount of $Z per lot, naming the City as obligee thereunder, and conditioned upon performance by the Developers of the obligations required by this para- graph. With the consent of the City and in lieu of said bond, the Developers may deposit the sum of $AS©,OG1 per lot with the City at the time application 3_s made for a building permit for each lot. Said bond shall be terminated, or cash deposit returned to the Developers, upon approval by the City of the installations described in this section. -4- Revised CMM 10-2-79 10. Emergency Access. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the grading and installation of an aggregate surfaced emergency access road for fire and safety purposes along the southeasterly boundaries of Lot 5, Block 1. All plans and specifications which shall be subject to the final approval of the City engineers shall specify construction with six inches of crushed limestone installed over native soil. b. The Developers, for themselves and for their successors and assigns, agree to maintain said emergency access in a usable condition, including plowing said access during the winter months, and further agree to maintain a collapsible barricade at the intersection of such access with Bluff Creek Drive. C. The Developers agree to convey to the City, its employees, agents, successors and assigns, fire, police,.and public service utilities, a non-exclusive easement for public. right-of-way and utility purposes over said emergency access road. 11. Finishing and Maintenance of Streets and Slopes. a. Street surfacing shall be in accordance with plans and specifications dated as revised September 18, 1979, and shall consist of 6 inches of crushed limestone followed by installation of a seal coat at least one year after installation of the limestone base. b. The Developers, for themselves, their successors and assigns, agree to maintain Outlot C for street purposes, at no cost to the City. C. Topsoil removed during construction shall be saved and used for finish grading. Topsoil removed during road construction shall be placed on embankments and side slopes which are to be held at 4 to 1 slope, or flatter, if feasible. d. It is recommended that homesites be located on slopes of less than 12% and that no slopes over 18% be used for homesites. 3. Slopes over 18% shall be maintained in a natural cover of grass, shrubs and trees, and shall be managed as protection for open space. All exposed areas shall be seeded within 30 days after construction. 12. Street Lighting. Street lighting shall be private, i.e., fur- nished by individual lot owners. -5- e 1� 13. Easements. a. The City, its employees, agents, successors and assigns, fire, police and public utilities shall have a non-exclusive easement for ingress and egress over Outlots A,B, and C, as shall be necessary for public service and utility purposes, and a non-exclusive easement for ponding and drainage purposes and ingress and egress over Outlot A. b. Easements for drainage, storm water holding ponds, emergency access, City access to storm water holding ponds for mainte- nance purposes, and utility easements shall be shown on the final plat. C. Future Acquisition. Any future acquisition by the City of Outlots A or C shall be without cost or compensation by the City to the then owner or owners thereof. 14. Erosion Control. a. Control of erosion and siltation during and after construction is required throughout the plat, and said controls shall follow the guidelines of "Urban Erosion Control Handbook," August, 1973 edition. b. Developers acknowledge receipt of the Soil and Water Conserva- tion Reports -of July 12, 1973, June 4, 1974, July 17, 1974, and October 1, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying maps, which reports a,nd maps are incorporated herein by reference and made a part hereof, and agree to provide individual site drainage and soil erosion and sedimentation controls reasonably consistent with said reports. C. Developers, at their expense, shall provide temporary dams, earthwork.or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the develop- ment during all phases of construction, including construction on individual lots. Developers shall keep all streets within the development free of all dirt and debris resulting from construction therein by the Developers or their agents. d. Erosion protection shall be provided at all pond outlets. 15. Location of Structures, Landscaping and Sewage Disposal Systems. Location of structures, landscaping and location of individual sewage disposal systems on individual lots shall be determined through discus- sions between City staff and Developers or their assigns prior to issuancE of building permits, subject to the following standards and conditions: a. Location of structures, landscaping and location of individual sewage disposal systems shalltake into considera- tion the preservation of trees, slope protection, surface. and subsurface drainage, prevention of siltation, and similar potential problems. b. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions governing landscaping, tree maintenance, preservation and removal,.and slope protec- tion and maintenance. 16. Building Permits. The Developers covenant and agree that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the Developers have completed the installation of the improvements set forth in Paragraph 1 hereof to the City specifications, and that issuance of any building permit or permits to the Developers prior to the acceptance of said improvements shall not constitute a waiver by the City of its rights hereunder to require completion of said improvements before issuance of additional building permits. Breach of any terms of the within agreement by the Developers shall be grounds for denial of building permits within the plat. 17. City Ordinances. a. Variances of the following provisions of the Chanhassen Subdivision Ordinance are hereby granted: i. 8.02(c) (lots abutting major thoroughfares) ii. 8.03(c) (street grades) iii 8.03(g) (cul-de-sac length) iv. 8.03(k) (private streets) V. 8.06 (a) (2) (lot size) vi. 8.06(b) (frontage on public street) vii 9.09 (b) & 9.09(d.) (concrete surfacing and curb and gutter) b. Variances of 5§2.01 and_2.02 of Ordinance No. 45 are hereby granted. C. All other applicable provisions of Chanhassen ordinances are incorporated herein by reference. 18. Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, -7- 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 Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developers shall fully comply with all of the other terms and provisions of this Development Contract, Developers agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee there- under, or an irrevocable letter of credit approved by the City in the following amount: $ jo/ 19. Liability Insurance. The Developers 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 Developers' work or the work of their subcontractors, or by one directly or in- directly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be.not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 20. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or subcontractors, materialmen, 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 agree- ment or the'�performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising there- from and the costs, disbursements and expenses of defending the same. 21. Reimbursement of Costs. Within fourteen (14) days of sub- mission by the City of its notice of costs, the Developers shall reim- burse the City for all costs, including reasonable engineering, legal, planning, and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within contract. 22. Remedies Upon Default. a. Assessments. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt .by the Developers of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraphl above to be constructed and installed or may take action to cure any other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developers agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property within the subject plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure of mechanic's liens under.the laws of the State of Minnesota. In the event of an emergency, as determined by the City engineers, the notice requirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developers and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements, or for the cost of curing any default by the Developers in their performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may 'institute any proper action or proceeding at law or at equity to prevent violations of the within development contract or to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 23. Receipt of Reports. Developers acknowledge receipt of the reports of the Zoning administrator, City Engineer, Planner and Attorney, and Planning Commission Minutes, which are incorporated herein by refe- rence and made a part hereof, and agree to comply with the conditions of said reports and Minutes reasonably consistent with the provisions of the within contract. 24. Approval of Covenants and Restrictions and Homeowners' Association. Outlots A and C of the plat of Hesse Farm 2nd Addition shall be reserved for the use of the property owners within said plat. The Developers shall organize a homeowners' association in the form of a non-profit corporation and said Outlots A and C shall be conveyed to and managed by said association. The Articles of Incorporation and By -Laws of the association must be approved by the City Attorney prior to recording in the office of the County Recorder_ For purposes of this agreement, Outlot A Ishall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of §21.03 thereof shall apply. Outlot A shall be encumbered with restrictive covenants which shall prollibit any use of said Outlot A for other than conservation purposes. Said restrictive covenants shall be recorded in the office of the. Carver County Recorder after said covenants have been approved by the City Attorney. All other covenants and restrictions, homeowners, association articles of incorporation, and by-laws setting forth construction, use, maintenance and other pertinent controls within the plat, shall be approved by the City Attorney. 25. Status of Outlots. The plat of The Hesse Farm 2nd Addition contains three outlots designated on the plat as Outlots A,B, and C, respectively. The Developers acknowledge that said outlots may not be developed as building sites for residential structures, and that said outlots are not eligible for the issuance of residential building permits. 26. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City.that they are fee owners of the subject property. 27. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall:be sent when required as contemplated by this agreement_ Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To the Developers: 1425 Bluff .Creek Drive Chaska, MN 55318 .28. 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. -10- L �7 [L CD CD -- I .-. -n O -'� Jr � x tD �[ �. 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CD -h Cv -h r+ c-+ -- n CL D m r+ - m S C (D La (D = 3- -r. 3•• pr 3 O =< rh r+ O N - • = D D- 3- n C rD D < W r+ W + -• ^S N U CD 3 (D -1 -1 s n _h r•+ o CL rD d rD t D to - . n a rD to S LIT D• O 3 (D . -S 3 to < r+ r -S (D -h D < -S D (D r+ (D (D -h r+ (D r + n (D 3• , Ln S n O Lo D (D -S -S n N 3 CD -1 (D L< w rD N (D rr- 'S - CJ - -1 - d •• -+1 '� L< N t 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. STATE OF MINNESOTA SS. CITY OF CHANHASSEN By At X ". rz� H rbld Hess , Developer &�r -)- V�Ae';e�ye' Mar Pa icia Hesse, Developer COUNTY OF CARVER ) On this day of A, 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each by me duly,,sworn, did .say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W..Ashworth acknowledged said instrument to be the free act and deed of said corporation. to ry STATE OF MINNESOTA ) " ��; ' KAREN J. EiNGELHARDT �r a NOTARY PU3LIC - MINNESOTA ss . CAf , ;COUNTY COUNTY OF CARVER ) ..-' My Commis.,vo �:x ires Oct. ii, iow On this day of �LN,p 1979, before me, a notary public within and for said county, personally appeared Harold Hesse and Mary Patricia Hesse, husband and wife, to me personally 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. %�\ Nota OA:,Y LARSON r2OTAIRY PUMM - MINNESOTA r s C' F:!;di,EPiN COUNTY 11— � �• pdy Commi gsian'Expires Aug. 5, 1983, c[ __. .. �mnuremtes'laTrBtYbf9')Y LAW OFFICES J enberMry. &.Larson, Llo[ - — - - - 264 WATER STREET EXCELSIOR, MINNESOTA 55331 PHONE (612) 474-1188 JAMES G. PENBERTHY GARY LARSON JAN 1980 ' F t;�g J It loft Ala -73 - f FIRST NATIONAL BANK OF CHASKA Pal) CHASKA, MINN. 55318 (612) 448-2350 DANIEL G. KLEIN, Chairman of the Board GERALD A. REKOW, President RONALD E. JACKELEN, Operations Officer STYRK R. OMLIE, Investment Officer SANDRA TIETZ, Assistant V. President FREDERICK R. WHITNEY, Vice President & Cashier SHELLEY SHACKELFORD, Assistant Cashier THOMAS C. NIMLOS, Install. Loan Officer JOANN E. OLSON, Assistant Cashier September 23, 1980 City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: The Hesse Farm Addition Harold Hesse and Mary Patricia Hesse IRREVOCABLE LETTER OF CREDIT NO. #1002 To Whom it May Concern: We hereby authorize you to draw on the First National Bank of Chaska, Chaska, Minnesota 55318, for the account of Harold Hesse and Mary Patricia Hesse,up to the aggregate amount of Fourteen Thousand and no/100 ($14,000.00) Dollars, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. #1002. The draft must be presented to the First National Bank of Chaska no later than 3:00 p.m. on September 23, 1981, after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. #1002, dated September 23, 1980, on the First National Bank of Chaska This Letter of Credit is given to secure performance by Harold Hesse and Mary Patricia Hesse of their obligations under the Agreement with the City of Chanhassen. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presentation to the drawee. Yours truly, Sandra R. Tie Ass't Vice President 6' . ]�i cimi civil municipal planning environmental land surveying geotechnics February 5, 1980 consulting engineers diversified inc, p.o. box j. osseo, minnesota 55369 ❑ (612) 425-2181 Mr. James Orr Schoell and Madsen, Inc. 50 - 9th Avenue South Hopkins, Minnesota 55343 Dear Jim: I received a call from Pat Hesse regarding the problem with the bond reduction for street construction within HESSE FARMS 2ND ADDITION. She asked us whether or not we notified your firm when the sub -base was ready to be inspected. I talked to our engineer in charge of the project and find that he called your main office, was transferred to your field office and left a message requesting the necessary inspection. As we did not hear anyting to the contrary regarding the acceptability of the sub -base, the construction process was continued. We regret the fact that the inspection was not performed and hope that undue hard- ship is not suffered by the Hesse's. Sincerely, CO TING ENGI ERS DIVERSIFIED, INC. Lynn swell LC/jav cc: Pat and Harold Hesse Non Ashworth -- keith caswell jr ri darrell Schneider a richard sha 3567, '9 FEB 1980 RECEIVED VILLAGE OF CHANHASSEN, V� MINN. .�� I.AW OFFICES J enberf4 & Larson, ,616(- - JAMES G.PENBERTHY GARY LARSON January 4, 1980 Mr. Donald Ashworth CITY OF CHANHASSEN 7610 Laredo Drive Chanhassen, MN 55317 264 WATER STREET EXCELSIOR, MINNESOTA 55331 PHONE (612) 474-1188 C C 1 1 /a Enclosed please find the revised and initialed page 10 of the Development Agreement for Hesse Farm 2nd Addition. PENBE11THY & LARSON, LTD. Gary r, ,Larso GL:jo Enclosure LAW OFFICES J en6erMrf. &Larson, JAMES G. PENBERTHY GARY LARSON L'fol 264 WATER STREET EXCELSIOR, MINNESOTA 55331 PHONE (612) 474-1188 icev t1—z9—/9 CML4 For purposes of this agreement, Outlot A shall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of §21.03 thereof shall apply. Outlot A shall be encumbered with restrictive covenants which shall prohibit any use of said Outlot A for other than conservation purposes. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. All other covenants and restrictions, homeowners' association articles of incorporation, and by-laws setting forth construction, use, maintenance and other pertinent controls within the plat, shall be approved by the City Attorney. 25. Status of Outlots. The plat of The Hesse Farm 2nd Addition contains three outlots designated on the plat as Outlots A,B, and C, respectively. The Developers acknowledge that said outlots may not be developed as building sites for residential structures, and that said outlots are not eligible for the issuance of residential building permits. The developers shall permanently and prominently post Outlot C as being a private road. 26. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 27. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: `1'o the City: To the Developers: City of Chanhassen City Mall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager 1425 Bluff Creek Drive Chaska, MN 55318 28. 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. 00 7610 LAREDO DRIVE* P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 December 26, 1979 Schoell and Madson Attn: Jim Orr 50 Ninth Ave. South �1 Hopkins, MN 55343 Dear Jim: I have received Ron Ahlgren's memorandum of November 27, 1979, regarding street construction -n the Hesse Farm development. I believe it is important, in cases such as this, that your office notify the consulting engineering firm of the infraction and place a copy of such in both your files as well as foniarding such to the city. --_ If further infractions occur or if the infraction is significant, the developer should be:notified that the city may not accept improvements being installed, that no payments should be made to the.contracto-r-"for work completed until a means can be found to assure the work meets city requirements, and, finally, that the bonding company be notified of`the potential claim against the performance bond:�or other form of guarantee. r believe a copy. --of this letter should be:,sent to Consulting Engineers Diversifng such, I believed it was necessary for you to _:verify_-.facts=;presented :by Mr__ Ahlgren,,and .:allow you to prepare any - for", f response desired by' yourself Sincerely, = __ Don Ashworth City Manager DA:k FfOMI BuildingRONrod lrrs�eetv�' MOynr c_--- -- Pf.rth�r ``----•-�.... Q �tlnrn�y v polico Perks pma fhe .ryes— .-.-.. - -. li�c/�1o��c•�r/ �%of � " o� _ �/o�s�• f-vC,.� ��o� 6�e.� _ _ __ G eY��U��� ,�i��ir>�ers /�� 1/er��• �er/i��c1'- /�a�v.-���c� ---- - me 7�4?/- Ave �vo�/cam .6e Hof �eq jor�©r� �`o IocA,i 4 9 i017 .. fhe Si`��f.5� �o IhQf we . CoUia,-,..�`es�o// i'Pi We 767 --- CITYOF 7610 LAREDO DRIVE*P.O. BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 December 13, 1979 Mr. Gary Larson Penburthy and Larson 264 Water Street Excelsior, MN 55331 Re: Hesse Farm 2nd Addition, Planning Case P-058 Dear Gary: Please note the attached letter -'from Craig Mertz dated December 5, 1979, referencing the revised page 10 for the Hesse Farm development contract. This revision contains a provision whereby outlot C of the Hesse Farm plat is to posted as private road. Should you find the above acceptable, please have said copy initialed by both Harold and Pat Hesse and by yourself and return same to this office. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel Asst. Manager/Land Use Coordinator BW:k Enclosure LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ December 5, 1979 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel Assistant Manager/Planner Box 147 Chanhassen MN 55317 Re: Hesse Farm Second Addition Dear Bob: TELEPHONE (612) 335-9565 Pursuant to section 25 of the development contract I have reviewed the declaration of conditions,covenants and restric- tions prepared by Mr. & Mrs. Hesse"s attorney. I find that document to be acceptable for City purposes. The developer, however, has not provided me with the four public easement deeds which were to be conveyed to the City in connection with this plat approval. If you have received these four deeds, please forward them to me for recording. In reviewing the City Council Minutes of October 15, 1979 I note that the City Council specified that the development documents were to specifically provide for a posting of Outlot C as being a private road. Accordingly you will find development contract replacement page 10 which should be inserted in the copy of the contract to be tendered to the developer. If the developer has already signed the development contract, please call me. The final version of the development contract should contain revised pages 3, 3a, and 5 all bearing the revision date of 10-2-79. It should also include revised page 10 bearing the revision date 11-29-79. All other pages would be the original draft of the development contract. Very truly yours, CRAIG M. MERTZ ��-- Assistant Chanhassen CMM:ner cc Gary Larson i`z r.= - RECEIVED' ,-� VILLAGE OR � :•' CHANHASSEN, MINN. City Attorney It 11 Rev 11-29-79 CMM For purposes of this agreement, Outlot A shall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of §21.03 thereof shall apply. Outlot A shall be encumbered with restrictive covenants which shall prohibit any use of said Outlot A for other than conservation purposes. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. All other covenants and restrictions, homeowners' association articles of incorporation, and by-laws setting forth construction, use, maintenance and, other pertinent controls within the plat, shall be approved by the City Attorney. 25. Status of Outlots. The plat of The Hesse Farm 2nd Addition contains three outlots designated on the plat as Outlots A,B, and C, respectively. The Developers acknowledge that said outlots may not be developed as building sites for residential structures, and that said outlots are not eligible for the issuance of residential building permits. The developers shall permanently and prominently post Outlot C as being a private road. 26. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 27. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To the Developers: 1425 Bluff Creek Drive Chaska, MN 55318 28. 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. OIL 5-0 consulting engineers diversified inc, p.o. box j, osseo, minnesota 55369 o (612) 425-2181 civil municipal planning environmental land surveying geotechnics December 4, 1979 Pat and Harold Hesse -:) * v/0>> 1425 Bluff Creek Drive PEC1979 �. Chaska, Minnesota 55318 cm R5CWVED - Re: Payment to Busse Construction for VILLAGE OF �, QHANt4ASSSN, , Work to November 30, 1979 9� MINN. ti 10 . Dear Pat and Harold: Pursuant to our conversation last Wednesday, I have reviewed the pay request submitted by Busse Construction. All of the work completed to date is shown in the breakdown below: November 1, 1979 Pipe Material: Heidi Lane Sta 1+75 80 ft. - 36" CMP @ $ 28.69 $2,295.20 2 - 36" aprons @ 216.38 432.76 Heidi Lane Sta 7+50 151 ft. - 15" CMP @ 9.78 1,476.78 2 - 15" aprons @ 37.97 75.94 West Farm Road Sta 28+59 75 ft. - 30" CMP @ 22.32 1,674.00 2 30" aprons @ 134.26 268.52 West Farm Road Sta 16+50 60 ft. - 15" CMP @ 9.78 586.80 2 - 15" aprons @ 37.97 75.94 West Farm Road Sta 6+21 75 ft. - 15" CMP @ 9.78 733.50 2 - 15" aprons @ 37.97 75.94 Sumac Place Sta 0+50 50 ft. - 15" CMP @ 9.78 489.00 2 - 15" aprons @ 37.97 75.94 Emergency road Sta 0+15 24 ft. - 15" CMP @ 9.78 234.72 3 2 1-15" aprons 37.97 75.94 keith caswell jr. t j darrell schneider richard sha Pat and Harold Hesse December 4, 1979 Page Two Equipment and Labor: 82 - 30B dozer 9 hours $ 65.00 $ 585.00 2 - TS - 14 scrapers 11k hours 65.00 747.50 .Vibratory roller A hours 40.00 140.00 Motor grader 3 hours 36.00 108.00 D-6D dozer 2 hours 52.00 104.00 Grade foreman 7 hours 29.00 203.00 .Labor 3 hours 15.00 45.00 C-166 backhoe 2 hours 48.00 96.00 Lowboy 4 hours 45.00 180.00 82-30B 10 hours 65.00 650.00 2-TS-14 20 hours 65.00 1,300.00 Roller 10 hours 40.00 400.00 Blade 10 hours 36.00 360.00 D-6D 10 hours 52.00 520.00 Foreman 10 hours 29.00 290.00 Backhoe 10h hours 48.00 504.00 82-30B 10 hours 65.00 650.00 2-TS-14 20 hours 65.00 1,300.00 Roller 9h hours 40.00 380.00 Blade 104 hours 36.00 378.00 D-6D 10 hours 52.00 �520.00 Foreman 10 hours 29.00 290.00 8ackhoe 7h hours 48.00 360.00 2-TS-14 19 hours 65.00 1,235.00 Roller 7h hours 40.00 300.00 Blade 6h hours 36.00 234.00 D-6D 10 hours 52.00 520.00 Foreman 10 hours 29.00 290.00 Labor 10 hours 15.00 150.00 82-40 10 hours 65.00 650.00 82-40 10 hours 65.00 650.00 D-60 10 hours 52.00 520.00 2-TS-14 1915 hours 65.00 1,267.50 Roller 10 hours 40.00 400.00 Blade 10 hours 36.00 360.00 Foreman 10 hours 29.00 290.00 Labor 7 hours 15.00 105.00 82-40 10 hours 65.00 650.00 D-6D 10 hours 52.00 520.00 2-TS-14 20 hours 65.00 1,300.00 Roller 10 hours 40.00 400.00 Blade 10 hours 36.00 360.00 Foreman 10 hours 29.00 290.00 Pat and Harold Hesse December 4, 1979 Page Three Labor 5 hours $15.00 $ 75.00 82-40 10 hours 65.00 650.00 D-6D 10 hours 52.00 520.00 2-TS-14 20 hours 65.00 1,300.00 .Roller 10 hours 40.00 400.00 Blade 10 hours 36.00 360.00 Foreman 10 hours 29.00 290.00 82-40 10 hours 65.00 650.00 D-6D 10 hours 52.00 520.00 2-TS-14 20 hours 65.00 1,300.00 Roller 6h hours 40.00 260.00 Blade 10 hours 36.00 360.00 Foreman 10 hours 29.00 290.00 - C-166 6h hours 48.00 312.00 Lowboy 2 hours 45.00 90.00 82-40 8 hours 65.00 520.00 82-40 9h hours 65.00 617.50 2-TS-14 19 hours 65.00 1,235.00 Roller 9 hours 40.00 360.00 Blade 5 hours 36.00 180.00 Foreman 6 hours 29.00 174.00 - 82-40 10 hours 65.00 650.00 2-TS-14 19 hours 65.00 11235.00 Roller 7 hours 40.00 280.00 Blade 91 hours 36.00 342.00 Foreman 7 hours 29.00 203.00 D-60 8 hours 52.00 416.00 Water pump 8h hours 6.00 51.00 Labor 8h hours 15.00 127.50 82-40 A hours 65.00 292.50 2-TS-14 9 hours 65.00 585.00 Roller 5 hours 40.00 200.00 Blade 5 hours 36.00 180.00 Foreman 5 hours 29.00 145.00 D-6D 5 hours 52.00 260.00 Pump 1 hour 6.00 6.00 82-40 1A hours 65.00 682.50 2-TS-14 19 hours 65.00 1,235.00 D- 6O 10 hours 52.00 520.00 Roller 9h hours 40.00 380.00 Blade 10 hours 36.00 360.00 Foreman 5 hours 29.00 145.00� 82-40 9h hours 65.00 617.50 D-6D 10 hours 52.00 520.00 2-TS-14 18 hours 65.00 1,170.00 Pat and Harold Hesse December 4, 1979 Page Four Roller 9h hours $40.00 $ 380.00 Blade 10 hours 36.00 360.00 Foreman 10 hours 29.00 290.00 .Tamper 15 hours 7.00 105.00 Total of Machine Time & Labor $42,803.50 ..Total Pipe Material 8.570.98 TOTAL of Work & Material for November 1, 1979 $51,374.48 December 3, 1979 82-40 Dozer 7 hours $65.00 $ 455.p0 TS-14 Scraper A hours 65.00 292.50 82-40 9h hours 65.00 617.50 D-6D Dozer 9h hours 52.00 494.00 2-TS-14 Scrapers 16h hours 65.00 1,072.50 420-B Roller A hours 40.00 180.00 Motor grader 8h hours 36.00 306.00 Foreman 95 hours 29.00 275.50 82-40 f 8 hours 65.00 520.00 0-6D 9h hours 52.00 494.00 2-TS-14 19 hours 65.00 3'1,235.00 d 420-B A hours 40.00 180.00 Blade 9h hours 36.00 342.00 Foreman 9h hours 29.00 275.50 82-30B Dozer 9h hours 65.00 617.50 D-6D 9h hours 52.00 494.00 2-TS-14 19 hours 65.00 1,235.00 420-B 9h hours 40.00 380.00 Blade 10 hours 36.00 360.00 Foreman 9h hours 29.00 275.50 82-30B 9h hours 65.00 617.50 0-6D 9k hours 52.00 494.00 2-TS-14 19 hours 65.00 1,235.00 420-B 3 hours 40.00 120.00 Blade 10 hours 36.00 360.00 Foreman 9h hours 29.00 275.50 82-308 % hours 65.00 617.50 D-60 9h hours 52.00 494.00 2-TS-14 19 hours 65.00 1,235.00 Blade 10 hours 36.00 360.;00 Foreman 9h hours 29.00 275.50 82-30B A hours 65.00 552.50 D-6D 9h hours 52.00 494.00 Pat and Harold Hesse December 4, 1979 Page Five 2-TS-14 174 hours $65.00 $1,121.25 Blade 9h hours 36.00 342.00 C-166 Bac khoe 8h hours 48.00 408.00 Foreman 9h hours 29.00 275.50 Labor A hours 15.00 127.50 Tandem Truck 3h hours 26.00 91.00 82-30B 9h hours 65.00 617.50 D-6D 9-k hours 52.00 494.00 TS-14 A hours 65.00 617.50 Blade 9h hours 36.00 342.00 C-166 2 hours 48.00 96.00 Foreman 63� hours 29.00 188.50 Tandem Truck 1 hour 26.00 26.D0 82-30B 9k hours 65.00 617.50 0-60 9h hours 52.00 494.00 2-TS-14 12h hours 65.00 796.25 Blade 10 hours 36.00 360.00 Foreman 9 hours 29.00 261.00 82-30B 9h hours 65.00 617.50 D-6D 8h hours 52.00 442.00 2-TS-14 17-3/4 hours 65.00 1,153.75 Blade 10 hours 36.00 360.00 i Foreman 9h hours 29.00 ¢' 275.50 82-308 9h hours 65.00 ' 617.50 D-6D 9h hours 52.00 494.00 2-TS-14 19 hours 65.00 1,235.00 Blade % hours 36.00 342.00 Foreman 9h hours 29.00 275.50 82-30B. 8 hours 65.00 520.00 D-6D 9 hours 52.00 468.00 Blade 9h hours 36.00 342.00 Foreman 7 hours 29.00 203.00 D-6D 9h hours 52.00 494.00 Blade 9 hours 36.00 324.00 Blade 2h hours 36.00 90.00 Blade 8h hours 36.00 306.00 Foreman 5 hours 29.00 145.00 Blade 7 hours 36.00 252.00 Foreman 3 hours 29.00 87.00 D-6D 3 hours 52.00 156.00 C-166 A hours 48.00 168.00 C-166 2 hours 48.00 96.;00 Heidi Lane Sta 1+75 28 ft. - 36" CMP @ 28.69 803.32 Emergency Road 30 ft. - 24" CMP @ 14.93 447.90 2 - 24" aprons @ 73.40 146.80 R Pat and Harold Hesse December 4, 1979 Page Six Less items paid for on 1st estimate 24 ft. - 15" CMP @ 2 - 15" aprons @ 6 ft. - 15" CMP @ Rip rap rock Red rock on road Red rock on yard $ 9.78 37.97 9.78 43.33 Tons 8.17 6,185.52 Tons 3.39 109.59 Tons 3.39 Total of Work & Materials for December 1, 1979 November 1 Billings Project Total Less 1st Payment Balance Due to Contractor $-234.72 - 75.94 - 58.68 354.00 20,968.91 371.51 $ 56,694.35 51 374.48 1 8,0 8. 3 46 237.03 61,831.80 The amount due the contractor is $61,831.80. As we discussed there will be some additional work done in the spring. I have reviewed the work completed to date and it is my opinion that the project has been substantially completed. I would recommend that you speak to Gary Larsen concerning obtaining a reduction of the Developer's Bond. If you should have any questions, pleae feel free to call me . Very truly yours, CONSULTING ENGINEERS DIVERSIFIED, INC. t Timothy A. G lette TAG/jv cc! Gary Larsen City of Chanhassen I E FrOMf O�ilding Insp'cfo Oftff#d To., Admiji Ptdeitratdr tt�r Attorney btnor ". � Troosuror Patio. Nth .life •• �ve�.6e�- z7/979 c1f(titr�� �----=.` Pon CJUi�//�ri /Jl� /�Ormo/ /�J/peCf/off r �/J2 l�ari��.5 �0,6.�� I Sfo/o�oec/6/ fhe yes. __ �e 44` I -Pe .�o�/cam .6e �o�i �eq'/or�or 7`o IT51ck�,�9--- - fheY�fSi z5o fho~f 1,k-e- Xo /�.s��e r� good �sf�ee _ Srce /s a/�-eod� roc��c� CITY OF CHANHASSEN PLANNED UNIT DEVELOPMENT CONTRACT THE HESSE FARM 2ND ADDITION THIS AGREEMENT, Made and entered into this day of , 1979, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the City, and HAROLD HESSE and MARY PATRICIA HESSE, hereinafter referred to as the Developers. WHEREAS, The Developers, as owners of certain lands within the City of Chanhassen which are more particularly described on Exhibit A, hereinafter the Subject Premises, attached hereto and made a part hereof, in 1973 made application under the City Zoning Ordinance for approval of a P-1 Planned Residential Development Plan consisting of Phases I, II and III; and WHEREAS, the Developers' development plan and plat for said, Phase I, consisting of all those portions of the Subject Premises lying easterly of Bluff Creek Road, were approved.by the City Council on May 5, 1975,.said plat being filed with the Carver County, Minnesota Recorder as the plat of The Hesse Farm; and WHEREAS, the Developers have made application to the City Council for approval of Phases II and III of said plan, consisting of a preliminary plat containing 28 lots and 3 outlots, to be known as The Hesse.Farm 2nd Addition and containing all those portions,of the Subject Premises lying westerly of Bluff Creek Road; and WHEREAS, a copy of said proposed plat of The Hesse Farm 2nd Addition (hereinafter the Plat) dated is on file with the City Zoning Administrator; and WHEREAS, City Council Resolution No. 911721, adopted Septem- ber 11, 1972, provides.that lands proposed to be developed as a Planned Development District which are not served by City sanitary sewer and water will not be considered beyond the sketch plan stage as set forth in the Chanhassen Zoning Ordinance; and WHEREAS, City Ordinance No. 45, S2.01, enacted March 15, 1971, prohibits the platting and subdivision of land not served by the City sanitary sewer system; and r" WHEREAS, sanitary sewer and municipal water presently are not, and in the foreseeable future will not be, available to the Subject Premises; and -1- WHEREAS, approval of the preliminary development plan and plat of Phase I was preceeded by a waiver of Resolution Igo_ ,911721; and WHEREAS, the City Council, by its action of November 5, 1973, granted a variance allowing the development of the Subject - Premises, §2.01 of Ordinance 45 notwithstanding; and WHEREAS, the City and the Developers Irecognize that Phase I and Phases II and III of the Subject Plan are parts of an integrated plan for the development of the Subject Premises with unique topo- graphical characteristics; and WHEREAS, based on the foregoing considerations, the City Council, by its resolution dated July 17, 1978, exempted Phases II and III of the subject plan from Resolution No. 911721; and WHEREAS,a public hearing was held by the City Planning Commission on September 13, 1978; to consider public comment on the development plan and.plat of Phases II and III of the subject plan; and WHEREAS, the City Council, by its resolution dated November 6, 1978, granted a variance to S2.01 of Ordinance No. 45 and approved the development plan and preliminary plat of The Hesse Farm 2nd Addition, incorporating Phases II and III of the preliminary development plan, subject to and on the condition that.the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, boulevard sodding, driveways, storm and s-arface water drainage facilities, street signs, and under- ground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter. sometimes referred to as "improvements"; and WHEREAS, the Developers have made application to the City to be allowed at Developers' 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. Storm and surface water drainage. C. Street signs. d. Boulevard sodding or seeding_ e. Driveway surfacing f. Underground utility lines. -2- NOW, THEREFORE, in consideration of the foregoing premises, :.s and acceptance by the -City of the preliminary development plan and plat of The Hesse Farm 2nd Addition, the City and the Developers agree as follows: 1. Improvements by Developer. Developers agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and surfacing. b. Storm and surfact water drainage. C. Street signs. d.. Boulevard sodding. e. Driveway surfacing. f. Underground utility lines. g. Turf establishment in all areas disturbed by site grading and by road construction, and by construction of drainage swales_ 2. Standards of Construction. Developers agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the inspection and approval of the City engineers. The prior sentence notwithstanding, construction of private streets and the emergency access shall be .deemed to meet City standards if constructed in accordance with the Developers' plans and specifications on file in the office of the City Engineer as modified by revised plan sheet (4795, Sheet 3 of 4) dated September 18, 1979, and by specifications pages (Special Provisions, pages 2 of 3 and 3 of 3) dated September 18, 1979. 3. Materials and Labor. All of the materials .to be employed in the making of said improvements and all of the.work performed in connec- tion therewith, shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City 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 City at the cost and expense of the Developers. 4. Schedule of. Work. The Developers further agree that they shall commence work hereunder on or before , 19 , and shall ahve all -work done and improvements fully completed to the satisfaction and approval of the City on or before 19 The Developers, 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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. -3- a 5. Written Work Orders. The Developers shall furnish materials for which reimbursement is expected unless a written order for such work or materials is City. Any such work or materials which may be done o Developers without such written order first being gi v -3A- r 6. Replacement of Defective Work and Guarart_ee. All work_ and materials performed and furnished hereunder by the Developers,, their agents and subcontractors, found by the City to be defective within one year af-!::er acceptance by the City shall be replaced by Developers at Developers' sole expense. 7. Gradinq Plan and Gradinq Restriction on Outlots A and B_ a. No permit for grading and for installation of roads, storm and surface water drainage facilities shall be issued and the Developers shall perform no such grading and installa- tion except in strict conformance with the Developers' final grading and installation plan dated and approved by the City on b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. No portion of Outlots A and B shall be developed, altered, or disturbed in any way except as an amendment to the development contract. 8. Water and Sewage Disposal Systems: Plans and specifications for all water and sewage disposal systems, including individual wells and septic tanks, shall be submitted to the City Building Inspector for his approval prior to the construction or installation of said systems by the Developers, their successors or assigns. Said plans and specifications shall meet the criteria and standards set forth by the Minr:Ysota Health Department. 9. Boulevards and Driveways. The Developers or their assigns agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of each lot within the plat, no later than the date of occupancy of the principal residence constructed thereon or as soon as weather. permits: a. Boulevard sod or seeding, either of which shall be of uniformly good quality; and b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers_ For the purpose of assuring to the City that the improvements required, by this paragraph shall be constructed and installed according to the requirements of this agreement, Developers agree to furnish to the City. a corporate surety bond, approved by the City, in the amount of $ ,09 per lot, naming the City as obligee thereunder, and conditioned u¢on performance by the Developers of the obligations required by this para- graph. With the consent of the City and in lieu of said bond, the Developers may deposit the sum of $�2Spld�'� per lot with the City at the time application is made for a building permit for each lot. Said bond shall be terminated, or cash deposit returned to the Developers, upon approval by the City of the installations described. in this section. -4- f 10. Emergency Access. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the grading and installation of an aggregate -surfaced emergency access road for fire and safety purposes along the southeasterly boundaries of Lot 5, Block 1. All plans and specifications which shall. be subject to the final approval of the City engineers shall specify construction with six inches of crushed limestone installed over native soil. b. The Developers, for themselves and for their successors and assigns, agree to maintain said emergency access in a usable condition, including plowing said access during the winter months, and further agree to maintain a collapsible barricade at the intersection of such access with Bluff Creek Drive. C. The'Developers agree to convey to the City, its employees, agents, successors and assigns, fire, police,.and public service utilities, a non-exclusive easement for public right-of-way and utility purposes over said emergency access road. 11. Finishing and Maintenance of Streets and Slopes. a. Street surfacing shall be in accordance with plans and .specifications dated as revised September 18, 1979, and shall consist of 6 inches of crushed limestone followed by installation of a seal coat at least one. year after installation of the limestone base. b. The Developers, for themselves, their successors and assigns, agree to maintain Outlot C for street purposes, at no cost to the City. C. Topsoil removed during construction shall be saved and used for finish grading. Topsoil removed during road construction shall.be placed on embankments and side slopes which are to be held at 4 to 1 slope, or flatter, if feasible.. d. It is recommended that homesites be located on slopes of less than 12% and that no slopes over 18% be used for homesites. 3. Slopes over 18% shall be maintained in a natural cover of grass, shrubs and trees, and shall be managed as protection for open space. All exposed areas shall be seeded within 30 days after construction. 12. Street Lighting. Street lighting shall be private, i.e., fur- nished by individual lot owners. -5- 13. Easements. a. The City, its employees, agents, successors and assigns, fire, police and public utilities shall have a non-exclusive easement for ingress and egress over Outlots A,B, and C, as shall be necessary for public service and utility purposes, and a non-exclusive easement for ponding and drainage purposes. and ingress and egress over Outlot A. b. Easements for drainage, storm water holding ponds, emergency access, City access to storm water -holding ponds for mainte- nance purposes, and utility easements shall be shown on the final plat. C. Future Acquisition. Any future acquisition by the City of Outlots Ayor C shall be without cost or compensation by the City to the then owner or owners thereof. 14. Erosion Control. a. Control of erosion and siltation during and after construction is required throughout the plat, and said controls shall follow the guidelines of "Urban Erosion Control Handbook," August, 1973 edition. b. Developers acknowledge receipt of the Soil and Water Conserva- tion Reports -of July 12, 1973, June 4, 1974, July 17, 1974, and October-1, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying maps, which reports and maps are incorporated herein.by reference and made a part hereof, and agree to provide individual site drainage and soil erosion and sedimentation controls reasonably consistent with said reports. C. Developers, at their expense, shall provide temporary dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within anal outside the develop- ment during all phases of construction, including construction on individual lots_ Developers shall keep all streets within the development free of all dirt and debris resulting from - construction therein by the Developers or their agents. d. Erosion protection shall be provided at all pond outlets_ 15. Location of Structures, Landscaping and Sewage Disposal Systems. Location of structures, landscaping and location of individual sewage disposal systems on individual lots shall be determined through discus- sions between City staff and Developers or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. Location of structures, landscaping,and location of . individual sewage disposal systems shall take into.considera- tion the preservation of trees, slope protection, surface and subsurface drainage, prevention of siltation, and similar potential problems. b. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to'. advise as to specific problems. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions governing landscaping, tree maintenance, preservation and removal,. and slope protec- tion and maintenance. 16. Building Permits. The Developers covenant and agree that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the Developers have completed the installation of the improvements set - forth in Paragraph 1 hereof to the City specifications, and that issuance of any building permit or permits to the Developers prior to the acceptance of said improvements shall not constitute 'a waiver by the City of its rights hereunder to require completion of said improvements before issuance of additional building permits. Breach of any terms of the within agreement by the Developers shall be grounds for denial of building permits within the plat_ 17. a. 10 City Ordinances. Variances of the following provisions of the Chanhassen Subdivision Ordinance are hereby granted_ 8.02(c) (lots abutting major thoroughfares) 8.03(c) (street grades) 8.03(g) (cul-de-sac length) 8.03(k) (private streets) 8.06 (a) (2) (lot size) 8.06(b) (frontage on public 9.09 (b) & 9.09 (d.) (concrete surfacing street) and curb and gutter) Variances of §52.01 and.2.02 of Ordinance No. 45 are hereby granted. C. All other applicable provisions of Chanhassen ordinances are incorporated herein by reference_ 18. Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, IM 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 Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developers shall fully comply with all of the other terms and provisions of this Development Contract, Developers agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee there- under, or an irrevocable letter of credit approved by the City in the following amount: 19. Liability Insurance. The Developers 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 Developers' work or the work of their subcontractors, or by one directly or in- directly employed by any.of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be -not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 20. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or subcontractors, materialmen, 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 agree- ment or the',performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising there- from and the costs, disbursements and expenses of defending the same. 21. Reimbursement of Costs. Within fourteen (14) days of sub- mission by the City of its notice of costs, the Developers shall reim- burse the City for all costs, including reasonable engineering, legal, planning, and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within contract. 22. Remedies Upon Default. a. Assessments. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraphl above to be constructed and installed or ma_v take action to cure any other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developers agree to pay the entire amount of the assessment roil pertaining to any such improvement within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on' all of Developers' real property within the subject plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure of mechanic's liens under.the laws of the State of Minnesota. In the event of an emergency, as determined by the City engineers, the notice requirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency_ b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developers and the corporate surety on its performance bond, -or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements, or for the cost of curing any default by the Developers in their performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may 'institute any proper action or proceeding at law or at equity to prevent violations of the within development contract or to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 23. Receipt of Reports. Developers acknowledge receipt of the reports of the Zoning Administrator, City Engineer, Planner and Attorney, and Planning Commission Minutes, which are -incorporated herein by refe- rence and made a part hereof, and agree to comply with the conditions of said reports and Minutes reasonably consistent with the provisions of the within contract. . 24. Approval of Covenants and Restrictions and Homeowners' Association. Outlots A and C of the plat of Hesse Farm 2nd Addition shall be reserved for the use of the property owners within said plat_ The Developers shall organize a homeowners' association in the form of a non-profit.corporation and said Outlots A and C shall be conveyed to and managed by said association. The Articles of Incorporation and By -Laws of the association must be approved by the City Attorney prior to recording in the office of the County Recorder- -9- ,C, For purposes of this agreement, Outlot A shall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of §21.03 thereof shall apply. Outlot A shall be encumbered with restrictive covenants which shall prohibit any use of said Outlot A for other than conservation purposes_ Said restrictive covenants shall be recorded in the office of the. Carver County Recorder after said covenants have been approved by the City Attorney. All other covenants and restrictions, homeowners' association articles of incorporation, and by—laws setting forth construction, use, maintenance and other pertinent controls within the plat, shall be approved by the City Attorney. 25. Status of Outlots. The plat of The Hesse Farm 2nd Addition contains three outlots designated on the plat as Outlots A,B, and C, respectively. .The Developers acknowledge that said outlots may not be developed as building sites for residential structures, and that said outlots are not eligible for the issuance of residential building permits. 26. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City.that they are fee owners of the subject property. 27. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as.indicated below. The City and the Developers by written notice given by one to the other,.may designate any address or addresses to which notices, certificates or other communications to them shall.be sent when required as contemplated by this agreemerit_ Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To the Developers: 1425 Bluff .Creek Drive Chaska, M1N 55318 28. 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. -10- V IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN 0 'At City Manager H rbld Hess-6,`"Developer Mar Pa rlicia Hesse, Developer STATE_ OF MINNESOTA ) ) ss . COUNTY OF CARVER ) On this ._�Ie� day of &4�1u, 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each by me dulyrsworn, did .say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W..Ashworth acknowledged said instrument to be the free act and deed of said corporation. tary )ylbli STATE OF MIN�iESOTA ) v f ;:-'KAREN J. ENG''ELHARDT i4 NOTARY PU9LIC - MtNNESdTA ss . ': CARV_R COUNTY COUNTY OF CARVER ) .. ' MY Commisswr, =x.Oires Oct. 11. 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Gi w r+. _ to CY M j rt rD -h W fi = � n c rD CL � m < W r+ W rt -•• s (n Q O � (D -1 O r+- rr O to -� o �. n a•" O to S t77 3 O rD -S M U] < �< 3 n -h rt- O C_ n C3 (D ( S t-1 C+ t -S (D -h < -S io (D r+ (D O h ; D : C r + n rD �. (� n to � �J � r� (l� O- - ' to -Y n to rD r-t (D t< ri J (^ to O Ca 4`-< Cn t O F. r J kCKSON LAND .,JRVEYOR ISTERCO UNDE LA 6 ` STATE OF MINNESO'TA LICiN!<D MY ORo: AN OF Y OF MINNEAPOLIS 3616 EAST 551m STREET PA. 4-4681 6urkierov s; Certffuate 3katch of 11ropuaotd subdivision in _ hurt; of ]-.tl.1/4 of Joc:tion 35, A ^'ownshi p I1co,Lante 13 94, "= Zee fie' �Bn 71;o44 rs nr" R -; - ' ` - V "Z)t;}i• 11411rell 1971 As 9URYEYKo 8Y M[ This— _ _DAY OF— / r r SraweD__ �—___-- F C. JACKSON. Mimpa -- Rta11TRAT10N. No. 3600 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS PREAMBLE THIS DECLARATION, made this day of 1979, by HAROLD HESSE and MARY PATRICIA HESSE, hereinafter referred to as "Declarants". WITNESSETH THAT: WHEREAS, Declarants are the owners and developers of the property hereinafter described and desire that the property be developed as a residential area with individual homesites which blend harmoniously with the ecological patterns and balances existing over the entire , area comprising said property; and WHEREAS, Declarants desire to provide for the preservation of the amenities and the maintenance of roadways within the property as well as open spaces and to this end desire to subject the described property to certain conditions, restrictions and covenants for the benefit of said property and its present and subsequent owners as hereinafter set forth in an effort to maintain said ecological harmony, private roadways, open spaces, and amenities within the area comprising the property; and WHEREAS, Declarants do consent to the filing of these restrictions and agree that the restrictions shall run with the land and that their interest herein shall be subject to these restrictions. NOW, THEREFORE, Declarants hereby declare that all of the prop- erties described herein, except as hereinafter specifically excluded, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, and any and all subsequent con- veyances thereof shall contain the following restrictions, conditions and covenants or shall be deemed to be subject thereto with the same force and effect whether or not the same be so expressly stated or referred to therein; that the said easements, restrictions, covenants and conditions shall run with the real property and be binding on all parties having any right, title or interest in the described property, or any part thereof, or heirs, successors and assigns, and shall enure to the benefit of each owner thereof. ARTICLE 1. Property "Subje"ct to" This Declar"ation A. Legal Description. The real property which is and shall be held, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in this declaration is located in Carver County, State of Minnesota, and is more particularly described as follows: See Exhibit B, which is incorporated herein by reference. B. Platting Description. -`This property shall hereafter legally be known as Lots The Hes"s"e Farm 2nd Addition, Carver County, Minnesota. ARTICLE' 'I"I . Sect"io""n 1. "Association" shall mean and refer to the Hesse Farm Homeowners Association, a non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. -2- Section 3. "Prope- res" shall mean and refer that certain real property hereinbefore described. Section 4. "Common Area" shall mean all real property which the Association owns for the common use of the Owners. The Common Area to be owned by the Association is described as: Outlot A. Section 5. "Private Road" shall mean the area owned by the Association for the use of the'Owners for ingress and egress. The road shall not be constructed to City Urban standards, but shall be of 6 ton construction. The private road to be owned by the Association is described as: Outlot C. Section 6. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area, Private Road, Lot 1, and Outlot B. Section 7. "Declarants" shall mean and refer to Harold Hesse and Mary Patricia Hesse, husband and wife. ARTICLE III. GENERAL RESTRICTIONS AND COVENANTS A. All lots shall be residential lots and no structure shall be built or placed on any such lot other than a single family residential dwelling. B. There shall be no commercial buildings or businesses conducted hereon, except that it shall be permissible for residents of these premises to conduct a business or have an office in his home so long as the same does not change the residential character of the premises, and so long as there are no signs indicating a home is being used as an office and no outside employees are employed in the operation of the office or business, and in the case of lessons (piano, etc.), that there are no more than one student at the home at any given time. There shall be no delivery or service vehicles in connection with any home or office or business. C. No building or structure shall be located closer to a lot line than as specified in the Chanhassen Zoning Ordinance, or 15 feet, whichever I 0 is greater. D. Electric, phone, gas and other utilities shall be installed under- ground, and any hook-up thereto, which shall be at the expense of each owner, shall be underground so as to preserve the harmony of the same. E. The exterior of any building shall be completed within six months from the date construction commences. F. No mining, including removal of dirt, earth or other material or minerals in excess of 400 cubic yards shall be permitted upon or in any lot, nor shall storage or keeping of sand, gravel, dirt, or similar material be permitted upon any lot. No dirt, earth, gravel, sand, or other material shall be deposited within or placed upon the area desig- nated as common area, except as may be required to comply with the pur- poses of this declaration and as authorized by the Association Board of Directors. G. No livestock, horses or poultry of any kind shall be raised, bred, boarded or kept on any lot except that dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes, and not more than two dogs and two cats are kept in any one household. H. No lot shall be used or maintained as a dumping ground for refuse, trash, garbage or other waste, and all such material shall not be kept or allowed on the lot except in sanitary containers. I. No building shall be erected, placed or altered on any lot until the building plans, specifications, and plot plan showing the location of the proposed building and driveways, the contemplated grading and exca- vation, the location of the area for the depositing of the excess dirt removed from the excavation site, have been approved in writing by a -4- majority of the Architectural and Environmental Control Committee herein- after designated or by their authorized representative for conformity and harmony of exterior design with the natural surroundings and so as to put these premises to the most advantageous use and so as to conform with and utilize the existing scenery, timber, ground contours, and to insure con- formity as to location of buildings with respect to property and building set -back lines and to keep and provide conformity with the ecological in- tentions stated herein. J. Whereas the Declarants believe that the natural beauty of The Hesse Farm 2nd Addition is unexcelled and that all property owners therein ` will wish to maintain this natural beauty, it is therefore vital that all homes built within The Hesse Farm 2nd Addition be designed to be compatible with and complimentary to this beauty. Architecture of a quality and distinction is deemed important and thus ultimate suita- bility of houses designed for The Hesse Farm 2nd Addition will be judged by the Architectural and Environmental Control Committee according to the following principles: 1) All houses shall be constructed of natural materials. Wood finishes where necessary, to be in natural earth tone or gray stains or paints. White shall also be an acceptable color. 2) All houses shall be properly integrated with the site; natural grades should be preserved, with only a minimum amount of earth moving involved. 3) All roofs shall be simple and of attractive materials, colors to be of earth tones or gray. 4) Driveways, parking and lawn areas shall conform to natural grades, with wooded areas preserved, and native growth protected. -5- 5) Architectural styles compatible with these general criteria are permissible and shall include earth - sheltered homes. A minimum of 1,550 sq. feet for one story construction and 1,100 sq. feet for main floor of two story construction is required; carports, porches, terraces, patios, and decks are additional to this area. Suitable enclosed space for trash and garbage collection must be provided. If the Architectural and Environmental Control Committee, or their authorized representative fails to approve or disapprove such design and location within 45 days after such plan has been submitted to it, or if no suit to enjoin the erection of such building or the making of any alteration has been commenced prior to the completion thereof, such approval shall not be required; however, after the 45 days have expired the Architectural and Environmental Control Committee's disap- proval or any suit to enjoin, shall be based only upon the failure to conform to a specific restriction of this instrument and specifically may not be based on the failure to obtain the approval of said Committee. K. In the event there is an excess of sand, gravel, rock, earth or other type soil which requires removal from the premises as a result of construction of a building on the premises, the Architectural Committee shall first approve all such removal and may direct the same be first used without charge on property subject to this declaration as and for fill; however, this shall not be construed to give the committee power to require removal of sand, gravel, rock or other soil for the benefit of the rest of the premises. L. Trees shall be cut only for the purposes of clearing a building site and improving view from home to be constructed on site. 0 M. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which shall become an annoyance or nuisance to the properties. N. No boat, trailer, fishhouse, snowmobile, recreation vehicle, camper, canoe, or inoperative vehicle shall be stored or kept on any lot except within the confines of a garage. There shall be no storage outbuildings or yard barns allowed. 0. Each lot shall be subject to permanent utility and drainage easements running in favor of the Association. Said easements on each lot shall be 10 feet wide and located adjacent to each side lot line and rear lot line. P. No snowmobile, motorized recreational vehicle such as but not limited to gocarts, dirt bikes, motorcycles used generally for recre- ational purposes, shall be driven on any of the lots, Common Areas or Private Roads within the plat. Q. No one may divide or subdivide his lot or lots for any purpose until the property is serviced by public sanitary and water utilities and then only upon obtaining the written approval of the Architectural and Environmental Control Committee. 1) A request for subdivision shall be considered and judged according to the following standards: a) Will the division of the land adversely affect the natural beauty of the area. b) Will the division of the land be in conformity and in harmony with the scheme of these declarations. c) Will the division of the land be in accordance with the ground contours and insure location of buildings with respect to property lines and building set -backs in conformity with -7- d) Will the division of the land be in accordance with the ecological intentions stated herein. If the division of the land fails to meet the above standards, the Architectural and Environmental Control Committee shall not approve the plot division. R. The owner, his family or guests may ride horseback on owner's lot; however, horses may not be stabled or corralled on any of the lots in the property subject to this declaration. S. The owner must construct his own well (water supply) and sewer facilities to conform with county and city requirements. All sewer and water construction facilities shall be first approved by the Architec- tural and Environmental Control Committee before construction is commenced. In addition, construction shall comply with all zoning and building laws and regulations established by the City of Chanhassen. T. Owner may fence a part of his lot for a privacy area, but it shall not be used to divide one lot from another. A hedge shall be considered a fence for the purposes of these covenants. U. All name and address signs shall be of a dignified character and shall not be over two square feet in size. V. No advertising sign of any kind shall be displayed in public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise a building during construction and sale. W. Outlot B shall be totally excluded from the provisions of these covenants, conditions and restrictions and the owners of said lots shall have no rights within said plat in regard to the use of the property or any association in connection therewith. X. Lot 1, The Hesse Farm 2nd Addition, shall be excluded from any con- ditions, covenants -and restrictions contained herein so long as the property is owned by HAROLD F. HESSE and MARY PATRICIA HESSE or their survivor, however, at such time as HAROLD F. HESSE AND MARY PATRICIA HESSE or their survivor have sold more than ninety percent (90%) of the lots in the plat, they then shall cease all feeder pig operations on Lot 1. ARTICLE IV. ARCHITECTURAL AND ENVIRONMENTAL CONTROL A. The purpose of the Architectural and Environmental Control Committee is to protect and preserve the values, amenities and quality of the natural environment of these properties. B. The Architectural and Environmental Control Committee shall be com- posed of Harold F. Hesse, Mary Patricia Hesse, and Herbert Baldwin, who shall serve as the Architectural and Environmental Control Committee so long as Declarants have an interest or own any property subject to these covenants and restrictions: thereafter the then property owners may select an Architectural and Environmental Control Committee of five persons to serve at their discretion. Four members of the property owners committee shall constitute a quorum. C. Said committee shall have the veto rights on the location of all houses, driveways, plantings, trees, shrubs, and other landscaping to insure the best views and vistas for all lots, whether built upon or not. Said committee shall have the power and right to employ inspectors to insure that proper building standards are maintained; the inspector or, inspectors as designated from time to time by the committee shall operate pursuant to prescribed rules and procedures approved by the committee. The committee shall have the power to adopt minimum construction and �.m building standards, and may amend the same from time to time, and until such standards are adopted the building code for Chanhassen shall control. Section 1. Property Rights. ARTICLE V. a) Except as hereinafter provided, every member of the Association shall have a right of a non-exclusive easement for ingress and egress over the private roads designated as shown upon the plat of the property and non-exclusive easement for enjoyment of the Common Area designated as shown in the plat. Such easement shall be appurtenant and shall pass with the title to every lot. The City of Chanhassen, its employees, agents, successors and assigns, fire, police and utility facilities shall have a non-exclusive easement for ingress and egress over Outlot C as shall be necessary for public service and utility purpose, and a non-exclusive easement for ponding and drainage purposes, as well as ingress and egress over Outlot A. Said easements across private roads shall include, without limiting the gen- erality of the foregoing, the right of parking and ingress and egress to his lot. Any owner may delegate in accordance with the By -Laws his right of enjoyment in the common area and facilities to members of his family, his tenants or guests. b) Every member of the Association shall have a right to a non- exclusive easement for an emergency access over a strip of land 20.00 feet in width the Southeasterly line of which is described as follows: Beginning at the most easterly corner of Lot 5, Block 1, THE HESSE FARM 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, -10- Section 2. Carver County, Minnesota; thence South 41 degrees, 50 minutes, 31 seconds West, along the Southeasterly line of said Lot 5, a distance of 336.95 feet; thence continuing South 41 degrees, 50 minutes, 31 seconds West to an intersection with a line parallel with and distant 20.00 feet Southeasterly of the Southeasterly line and its extension Northeasterly of Lot 8 in said Block 1, as measured at right angles to said South- easterly line of Lot 8; thence South 32 degrees, 16 minutes, 00 seconds West, parallel with said South- easterly line of Lot 8, to the Northeasterly line of Outlot C in said THE HESSE FARM 2ND ADDITION and there terminating. Said strip of land is to extend by its full width from the Southwesterly right of way line of Bluff Creek Drive as dedicated in said plat of THE HESSE FARM 2ND ADDITION to Northeasterly line of Outlot C. The bearing orientation is based on said plat of THE HESSE FARM 2ND ADDITION. Such easement shall be appurtenant to and shall pass with the ` title to every lot. The City of Chanhassen, its employees, agents, successors and assigns, fire, police and utility facilities shall have a non-exclusive easement for ingress and egress over the above described property as shall be necessary for public service and utility services but the same shall not be for general public use and shall have a locked chain across said easement. _ The right and easement of enjoyment created hereby and the title of the Association in Common Area properties shall be subject to the following: a) The right of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving, repairing or maintaining the common properties, or any improvements located thereon, and in aid thereof with the assent of two-thirds (2/3) of each class of membership to mortgage said properties, -10.1- and the rights of said mortgagee in said common prop- erties shall be subordinate to the rights of the Association's members created by this Declaration. b) The right of the Association to take such steps as are reasonably necessary to protect said common properties against foreclosure. c) The right of the Association, as provided in its Articles and By -Laws, to suspend the enjoyment rights of any mem- ber of the Association for any period during which any assessment remains unpaid, and to suspend the said enjoy- ment rights for any period not to exceed sixty (60) days for each infraction of its published rules and regulations; provided, however, that nothing contained in this para- graph shall be deemed to deny an owner, his tenants, in- vitees or licensee's access to and from his lot. Section 3. The declarant may retain legal title to the common area properties and private roads until such time as they have completed improvements thereon and until such time as in the opinion of the declarant the Association is able to maintain the same, but notwithstanding any provision herein the declarant hereby covenants for themselves, their successors and assigns, that they shall convey the common area to the Association not later than December 31, 1980. Section 4. The rights and easements created herein and the title of the Association in the private roads as shown upon the plat shall be subject to the right of the Association to dedicate or transfer all or part of the private road to the City of Chanhassen, provided that no such dedication or transfer shall be effective unless an instrument signed by members of the Associ- -11- a ation entitled to cast three -fourths (3/4) of the votes of each class of membership has been recorded agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereon is mailed to every member at least ninety days in ad- vance of any action taken. In the event the City of Chanhassen through resolution adopted by two- thirds (2/3) vote of the council of the City of Chanhassen determines that the physical condition of the private roads as shown upon the plat of the properties has deteriorated to the extent that they have become a hazard and a public nuisance and a danger to public vehicles required to travel the roads in order to provide safety protection, both police and fire, the City of Chanhassen may by such resolution terminate all rights and easements in the private road and take over and acquire the same as public road and thereafter maintain the same, provided, however, that said resolution and vote thereon shall not be taken until a public hearing has been held by the Council of the City of Chanhassen, which hearing is preceeded by a two week published notice in the official news- paper and two weeks mailed notice to the record owners of the lots within the herein described property. The resolution shall be accompanied by findings specifically setting out the facts which constitute the hazard. The transfer of the private roads to the City of Chanhassen shall not be effective for a period of thirty days after the adoption of the reso- lution in order to allow the owners of lots to take what legal interest in the private road hereinbefore established. Further, in addition, in the event the Association is dissolved or becomes non -operating, the City of Chanhassen through resolution adopted by the City Council shall have the option and right to take over and acquire without cost or com- pensation the private roads as shown upon the plat described as Outlot C. -12- However, said resolution shall not be made until after a public hearing as provided in the paragraph hereinabove. Section 5. Taxes and special assessments which are normally levied against the common area and/or private road shall be divided and levied in equal amounts against the lots located within the property, which levy shall be a lien upon the individual lots; provided, however, this section shall not be construed to abridge or abrogate any tax district or authority from levying taxes in any lawful manner. ARTICLE VI. MEMBERSHIP Section 1. The Association shall have two classes of voting membership: Class A. Class A members shall be all owners with the exception of the Declarants and shall be entitled to one vote for each lot owned. 4 When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B member(s) shall be the Declarants and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the following events: a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. -13- ARTICLE VII. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obliaation of Assessments. The Declarants, for each lot owned within the properties, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reason- able attorney's fees, shall be a charge on the land and shall be a con- tinuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attor- ney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment feil due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose= of Assessments._, The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the impro- vement and maintenance of the Common Area and Private Road. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be Hundred and no/100 ($ Dollars per lot. a. from and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assess- -14- ment for the previous year without a vote of the membership. b. From and after January 1 of the year immediately follow- ing the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. C. The Board of Directors of the Association may fix the annual Section 4. assessment at an amount not in excess of the maximum. Special As'se'ssmerits Tbr Carital Improvements. In addition to the annual assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital im- provement upon the Common Area or private roads including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the Same notice re- quirement, and the required quorum at the subsequent meeting shall be -15- one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assess- ments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date'of' "Commencement'of Annual Assessments: Due Dates_ The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner 4 subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified lot have been paid. Section 8.' 'Effect of Nori.ayment of Assessments_ Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight per- cent per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandon- ment of his lot. Section 9. Subordination of the Lien to Mortgages. The lien of the -16- 0 assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not effect the assess- ment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VIII. EXTERIOR MAINTENANCE Section 1. In the event that an owner of any lot which is subject to assessment shall fail to maintain the premises or to maintain or repair the ex- terior of any improvements situated thereon in a manner satisfactory to the Association's Board of Directors, then the Association, upon approval of a resolution to do so by a two-thirds (2/3) vote of all of the members of the Board of Directors, may provide exterior maintenance upon said lot, and the improvements situated thereon, as follows: paint, repair, replace, and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, driveways and all other exterior improvements. Section 2. The cost of such exterior maintenance or repair shall be assessed against the lot upon which such maintenance is done and shall be added to and be- come a part of the annual maintenance assessment or charge to which such lot is subject; and as part of such annual assessment or charge, it shall be a lien or obligation of the owner and shall become due and payable in all respects; provided that the Board of Directors of the Association, when establishing the annual assessment against each lot for any assess- -17- ment year, may add thereto the estimated cost of the exterior mainten- ance or repair for that year but shall thereafter make such adjustment with the owner as is necessary to reflect the cost thereof. Section 3. For the purpose solely of performing the exterior maintenance or repair authorized by this Article, the Association, through its duly authorized agents, employees`or contractors, shall have the right, after reasonable notice to the owner, to enter upon any lot at reasonable hours at any day. ARTICLE 'IX . COVENANTS' FOR -INSURANCE Each owner except the'Declarant, by acceptance of a deed for a site, whether or not it shall be so expressed in such deed or other conveyance, covenants to carry, maintain, and timely pay the premium or premiums, on a policy of fire',_exte'nded coverage, vandalism, and malicious mischief with all risk endorsement insurance. In the event that any home erected on the premises is destroyed or partly destroyed by fire or other means, each owner agrees to use the proceeds of said insurance policy to promptly rebuild said home or restore the condition of the ground to the same as it was prior to building any structure on the premises. ARTICLE X. GENERAL PROVISICrNS Section 1. Enforcement. The Association, or any Owner, shall have right to enforce, by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained Mi :M shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to be properly sent when mailed postpaid to the last known address of the person who appears as member or owner on the records of the Association at the time or on the records of the County Auditor at the time of such mailing. Section 3. The restrictions and covenants of this declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded, after which time the covenants and restrictions shall be automatically extended for successive periods of 10 years unless an in- strument signed by the majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. Section 4. Invalidation of any of the covenants or restrictions -of this declaration by Judgment or Court Order shall in noway affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned being the Declarants herein, have hereunto set their hands this day of , 1979. THIS INSTRUMENT WAS DRAFTED BY: Penberthy & Larson, Ltd. Harold F. Hesse 264 Water Street Excelsior, MN 55331 Mary Patricia Hesse The foregoing instrument was acknowledged before me this day of , 1979 by Harold F. Hesse and Mary Patricia Hesse,, husband and wife. 14OTARY PUBLIC -19- The Engineer may designate additional trees to be removed if requested by the contractor. V. Removin, Miscellaneous Structures (2104) The Contractor shall remove structures as shown on the plans. The cost of removing fences and other small appurtenances not specifically shown on the bid form shall be considered incidental to the project cost. VI. Excavation and Embankment (2105) Common Excavation shall include all types of material excavated No additional compensation will be made for other types of excavation. All excess material developed on the site shall be disposed of on the project site as directed by the Engineer. Before placing material in an area to be filled all existing topsoil shall be stripped and stockpiled for use in project restoration and for future use by the owner. VII. Aggre ate Surfacin, (2118) The Class II gravel shall be placed as shown on the plans. The compaction required on the material is 100 percent of maximum density. VIII. Corrugated Steel Pipe and Fittings (2621.1) The corrugated steel pipe shall be Type I galvanized steel. The pipe shall all be constructed of 14 gauge material and it shall be of the diameter shown on the plans. IX. Seal Coatin,1 (2356) Seal coating shall be begun no sooner than one Near from the date of construc- tion of the aggregate surface. Before any oils are applied the existing aggregate surface shall be fine graded and compacted to 100% of maximum density. The contractor shall apply a bituminous penetration prime to be applied in accordance with Section 2358. The bituminous penetration prime shall be MC-30 and applied at the rate of .3 gallons per square yard. Seal Coat After application of the penetration prime is completed the contractor shall apply bituminous seal coat per Section 2356. The seal coat shall consist of RC-250 liquid asphalt applied at .3 gallons per square yard, and FA-2 aggregate applied at 24 lbs. per square yard Special Provisions Page 2 of 3 Revised 9-18-79 Payment for seal coat construction shall be paid for at the unit price bid for each separate component part specified. X. Rip Rap Rip Rap shall be Class "A" placed as shown on the plans and shall be paid for at the contract unit price bid. XI. Emergency Road An emergency road shall be constructed as shown on the grading plan. It shall be graded so as to make it possible for an emergency vehicle to make ingress and egress on it. The road surface shall be 6" of 100% crushed limestone compacted per the requirements of paragraph VII of these Special Provisions. XII. Chain Gate A chain gate shall be constructed per the plan detail at the back of these specifications and shall be paid for at the lump sum bid price. Special Provisions Page 3 of 3 Revised 9-18-79 Ken Beiersdorf George Cermak Chan Haven Manor Ed Dunn Gabbert and Beck Ralph Hutmaker Hansen and Klingelhutz Harold Hesse Lotus Lake Townhouse Minnewashta Woods Moon Valley Franco Loris, Twin Hills Stables Nordskov Wausau Homes Prestige, Carl Carrico Smith Greenhouses OUTSTANDING I31I,L 358.48 901.89 60.00 704.67 40.00 185.40 285.20 Laredo Lane/ 1,145.05 325. 28,✓ 3,131.82 53.75 280.75 279.50 69.07 54.59 1,287.61 Total Bill Escrow Account Balance Due HESSE'S BLUFF CREEK Total Bill Hesse's Question Amount of 2 of 1,354.87 Paid in Escrow $2,560.05 1,415.00 X1,145.05 yqa/ 2,560.05 _1,354.87 1,205.18✓/ 677.47 1,882.65✓/ 1,415.00 467.65 Page 2 LAKE STUDY COMMITTEE: 5. Development Impact 5. Launching sites (Preference should be given to waterfrow., owners). 7. Parking facilities. 8. Power boats (limit number of boats and horse power of engines). 9. Water skiing. 10. Ice fishing. 11. Methods of control. PARK ORDINANCE: The Park, and Recreation Commission will continue to review the ordinance at future meetings. PARK AND RECREATION BUDGET: Dalai Gregory reported on the progrcv:s of site development. He feels that the main concern should con'inue at the Lake Ann Site. More grills and tables will be needed :E-r the 1975 season(. More fencing for the ball fields, team ti"-4:-'Les, and a storage shed on the beach area for lifeguard, equipm-.-n* should be, priorities. Better lighting for the hockey ranks shoal -j also be considered. The Park and Recreation Cwmissi.oa also feels that Che::aassen's involvement in the Co.,nrunity Schools concept should b? continued. The program has been plagued with problems. However, School District 112 is hiring a new director, and we feel that we ,liould give this person an opportunity to prove the program is worthwhile. (�l INCREASED LAWCON FUNDING: A motion was made by C°huck Hirt and secon y DenTs St an to support legislatio-. now pending calling for a "3 times plus" increase annually ;n LAWCONT funding. Motion carried, The Administrator will send letters to Senatu-s Mondale and Humphrey and Representative Nelson .asking them to su.n-ort the isill. HESSE FARM: A motion was made by Denis St:3man and seconded by CHUCK rt H to support Carl Dale ° s report :,:i "Park, open: Spats, Recreation Needs - Vicinity of Hesse Farg.o>" Motion carried. A motion was made by Dwight Leatham ant'' seconded by Bill Engebretson to adjourn the meeting. Motion carried. TIME: 11:38 p.m. ViVjan Beaugrand Acting Secretary (.2 Page 2 Tien Beierdorf's Propoed Development .Plan Truce J ankonzn of i7rban Planning and Design explained land usage of property south of Highway 5 and east of Chanhassen Estates. He mentioned the possibility of dedicating the open Greenway space on the southwest: corner of the property adjacent -to Chanhassen Estates. The Commissions asked the Administrator to revie:•T with Eden Prairie the possible linkage of this Greenway system with their plans for Rice Marsh Lake and Lake Riley. Carver beach Lessee Ne�.son, Dave Wilson and :dim Cranston, representing the Carver Beach Owners Association, requested the Park and Recreation Commission help and advise them with problems at beach and park areas. The Commission feels.that most of the problems are covered in the new ordinance. There is $122 left in the Carver Beach Park budget for signs to help el"orce ordinances. The money can also be used for railroad ties requested by theirs. A motion was made by Lich Lyman and.seconded by Chuck Hirt to support a system of regulating Carver Beach boat landing. Motion carried. Darold Hesse PUD-1 A motlon was made by Rich Lyman and seconded by Margaret Thompson asking for professional assistance to help us maintain the preserva- tion of the Bluff Creek Area for the Greenway System. 4 Chaska Park and Recreation Commission will be invited to the next meeting to discuss connecting the Greenway System with theirs. L.:,XC N A lication T F� C&cAm .ssion was advised of the application that was sent in July 12, 1974. Miscellaneous °r_ e oa;dan ce was passed out and will be reviewed at the next meeting. Denis Stedman reported on the progress of the warming house. A motion was made by Margaret Thompson and seconded by Rich Lyman requesting a letter be sent to the Watershed District asking for a July or August reading of Lake Minnewashta. Notion carried, Adj our n A motion was made by Denis Stedman and seconded by Margaret Thompson to adjourn the meeting. Motion carried. Time: 12:00 Chuck Hirt/Vivian Bea.ugrana 7" SUBDIVISION PLAN CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Received by Date Applicant Name:_ Hesse Harold F. Last First nitia Address: 1425 Bluff Creek Drive Chaska, Minnesota Number and Street City State Zip Code Owner: Hesse Harold F. La.st First Initial Address: 1425 Bluff Creek Drive Chaska, Minnesota Number and Street City State Zip Code Address of property in question: 1425 Bluff Creek Drive, Chaska, Minnesota Legal description of property in question: "See attachment All Present zoning of property: Agricultural Present use of property: Agricultural Proposed use of property: Single Family Residential The following documents if appropriate shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account -51- Date Received Initial 4. Abstractor's Certificate 5. Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. J/_ 121,1, Signature 6f Applicant Harold F. Hesse Signature of Owner Harold F. Hesse Date Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY DATE BY Sketch Plan on Planning Commission A enda _ Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda -- Planning Commission Postponed to Newspaper Pu ication Adjacent Property Owners Notified Public Hearing -Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Planning Commission Postponed to Planning Commission Action Final Plat on Council Agenda Council Postponed to Council Action Final Contract Executed Escrow Returned - Amount: PLANNING COMMISSION COMMISSION RECOMMENDATION (Preliminary Plat) On this day of 19 , this preliminary plat was recommended for (approval), (disapprova subject to the following conditions: Chairman of Planning Commission Action by City - Preliminary Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Preliminary Plat subject to the following conditions: By order of the Chanhassen City Council Attest: City Administrator -5 3 - PLANNING COMMISSION RECOMMENDATION - Final Plat On this day of 19 , this Final Plat was recommended for (approval), (disapproval subject to the following conditions: Chairman of Planning Commission Action by City - Final Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Final Plat subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Administrator That part of the Northwest 4 of said Section 35, Township 116, Range 23 lying Southwesterly of the center line of Bluff Creek Drive and lying Northerly of the Northerly right of way line of Chicago and Northwestern Railway Company, excepting all that part of said Northwest 4 embranced in the plat of Hesse`s Bluff Creek. Also the Southeast 4 of the Northeast 4 and the Northeast 4 of the Northeast 4 of Section 34, Township 116, Range 23, in said Carver County. Also that part of the Southeast 4 of the Southeast 4 of Section 27, Township 116, Range 23 in said Carver County lying Southwesterly of the center line of said Bluff Creek Drive except the following described tract: That part of said Southeast 4 of the Southeast 4 of Section 27 described as follows: Commencing at the Southeast corner of said Southeast 4 of the Southeast 4 of Section 27; thence North 0 degrees, 52 minutes, 31 seconds East along the East line of said Southeast 4 of the Southeast 4 a distance of 911.51 feet to the actual point of beginning; thence continue North 0 degrees, 52 minutes, 31 seconds East along said East line of the Southeast 4- of the Southeast 4 a distance of 47.51 feet to the center line of said Bluff Creek Drive; thence North 43 degrees, 07 minutes, 29 seconds West along the center line of said Bluff Creek Drive a distance of 102.71 feet; thence South 68 degrees, 32 minutes, 31 seconds West a distance of 261.51 feet; thence South 24 degrees, 47 minutes, 29 seconds East a distance of 160 feet; thence North 64 degrees, 16 minutes, 00 seconds East a distance of 272.84 feet more or less to the actual point of beginning. Also that part of the Southwest of the Southwest 4 of Section 26, Township 116, Range 23 in said Carver County described as follows: Commencing at the Southwest corner of said Southwest 4 of the Southwest 4; thence North along the West line of said Southwest 4 of the Southwest 4 a distance -of 440.71 feet; thence deflecting to the right 93' degrees, 21 minutes a distance of 151.56 feet; thence deflecting to the right 127 degrees, 37 minutes a distance of 105.40 feet; thence deflecting to the left, 61 degrees, 47 minutes a distance of 383.00 feet more or less to a point on the South line of said Southwest 4 of the Southwest 4 distant 220.00 feet East of said Southwest corner of the Southwest 4 of the Southwest 4 of said Section 26; thence West along said South line 220.00 feet to the point of beginning; also That part of the Southwest 4 of the Southwest 4 of Section 26, Township 116, Range 23 in said Carver County, Minnesota, described as beginning at the Southwest corner of said Southwest 4 of the Southwest 4; thence North along the West line of said Southwest 4 of -the Southwest 4 a distance of 440.71 feet to the actual point of beginning of the land to be herein described; thence deflecting to the right 93 degrees, 21 minutes a distanca: of 151.56 feet; thence deflecting to the left 52 degrees, 23 minutes, a distance of 260.70 feet more or less to the center line of Bluff Creek Drive; thence in a Northwesterly direction along the center line of said Bluff Creek Drive to its intersection with the West line of said Southwest 4 of the Southwest 4; thence South along the West line thereof to the actual point of beginning. Subject to the rights of the public in Bluff Creek. VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date_ � / �--� � ,�F,72, Resolution No.` _ �... Motion by Councilman .c..- Seconded by Councilman LIMITATION ON REVIEW OF PLANNED DEVELOPMENT DISTRICTS NOT SERVED BY MUNICIPAL SANITARY SEWER AND WATER. WHEREAS, the Village of Chanhassen recognizes its obligation to plan for orderly community growth, and WHEREAS, major community growth patterns ae established by municipal utilities, and WHEREAS, rezoning land not currently served by municipal utilities may not be in the best interests of the Village and applicant and may impose hard- ship when said utilities become available in the future. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Chanhassen as follows: 1. Land proposed to be developed as a Planned Development District not currently served by sanitary sewer and water will not be considered beyond the Sketch Plan stage as set forth in the Chanhassen Zoning Ordinance. 2. The applicant may prepare a Sketch Plan with such supple- mentary documentation set forth under Section 14.05, paragraph 3(a), as the applicant desires for review and informal discussion by the, Planning Commission. 3. When the necessary utilities needed to serve the proposed development are available or are imminent, the applicant may then proceed to the Preliminary Development Plan as specified in Section 14.05, paragraph 3, of Ordinance #47, Chanhassen Zoning Ordinance. Passed and adopted by the Council of the Village of Chanhassen this L Zij - -day of --- �'�-- --- 1972. b � 7j; MAYOR ATTEST: i G YES NO '.. N CITY OF CHANHASSEN PLANNED UNIT DEVELOPMENT CONTRACT THE HESSE FARM 2ND ADDITION THIS AGREEMENT, Made and entered into this day of 1979, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the City, and HAROLD HESSE and MARY PATRICIA HESSE, hereinafter referred to as the Developers. WHEREAS, The Developers, as owners of certain lands within the City of Chanhassen which are more particularly described on Exhibit A, hereinafter the Subject Premises, attached hereto and made a part hereof, in 1973 made application under the City Zoning Ordinance.for approval of a P-1 Planned Residential Development Plan consisting of Phases I, II and III; and WHEREAS, the Developers' development plan and plat for said Phase I, consisting of all those portions of the Subject Premises lying easterly of Bluff Creek Road, were approved by the City Council on May 5, 1975, said plat being filed with the Carver County, Minnesota Recorder as the plat of The Hesse Farm; and WHEREAS, the Developers have made application to the. City Council for approval of Phases II and III of said plan, consisting of a preliminary plat containing 28 lots and 3 outlots, to be known as The Hesse Farm 2nd Addition and containing all those portions of the Subject Premises lying westerly of Bluff Creek Road; and WHEREAS, a copy of said proposed plat of The Hesse Farm 2nd Addition .(hereinafter the Plat) dated , is on file with the City Zoning Administrator; and WHEREAS, City Council Resolution No. 911721, adopted Septem- ber 11, 1972, provides that lands proposed to be developed as a Planned Development District which are not served by City sanitary sewer and water will not be considered beyond the sketch plan stage as set forth in the Chanhassen Zoning Ordinance; and WHEREAS, City Ordinance No. 45, §2.01, enacted March 15, 1971, prohibits the platting and subdivision of land not served by the City sanitary sewer system; and WHEREAS, sanitary sewer and municipal water presently are not, and in the foreseeable future will not be, available to the Subject Premises; and -1- I WHEREAS, approval of the preliminary development plan and plat of Phase I was preceeded by a waiver of Resolution No. 911721; and WHEREAS, the City Council, by its action of November 5, 1973, granted a variance allowing the development of the Subject Premises, 52.01 of Ordinance 45 notwithstanding; and WHEREAS, the City and the Developers recognize that Phase I and Phases II and III of the Subject Plan are parts of an integrated plan for the development of the Subject Premises with unique topo- graphical -characteristics; and WHEREAS, based on the foregoing considerations, the City Council, by its resolution dated July 17, 1978, exempted Phases II and III of the subject plan from Resolution No. 911721; and WHER.EAS,a public hearing was held by the City Planning Commission on September 13, 1978, to consider public comment on the development plan and plat of Phases II and III of the subject plan; and WHEREAS,the City Council, by its resolution dated November 6, 1978, granted a variance to §2.01 of Ordinance No. 45 and approved the development plan and preliminary plat of The Hesse Farm 2nd Addition, incorporating Phases II and III of the preliminary development plan, subject to and on the condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, boulevard sodding, driveways, storm and surface water drainage facilities, street signs, and under- ground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as "improvements and WHEREAS, the Developers have made application to the City to be allowed at Developers' 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. Storm and surface water drainage. C. Street signs. d. Boulevard sodding or seeding. e. Driveway surfacing f. Underground utility lines. -2- NOW, THEREFORE, in consideration of the foregoing premises, and acceptance by the City of the preliminary development plan and plat of The Hesse Farm 2nd Addition, the City and the Developers agree as follows: 1. Improvements by Developer. Developers agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and surfacing_ b. Storm and surface water drainage. C. Street signs. d. Boulevard sodding. e. Driveway surfacing. f. Underground utility 2. Standards of Constr foregoing improvements shall constructed and installed in specifications approved by th of applicable City ordinances shall be subject to the inspe lines. uction. Developers agree that all of the equal or exceed City standards, shall be accordance with engineering plans and e City engineers and the requirements and standards, and that all of said work ction and approval of the City 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 connec- tion therewith,shall be of uniformly good and workmanlike quality, shall equal on exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City 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 City at the -cost and expense of the Developers. 4. Schedule of Work. The Developers further agree that they shall commence work hereunder on or before , 19 , and shall have'all work done and improvements fully completed to the satisfaction and approval of the City on or before , 19__ The Developers shall submit a written sched-ule 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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 5. Written Work Orders. The Developers shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developers without such written order first being given shall be at their own risk, cost and expense, and Developers hereby agree that without such written work order, Developers will make no claim for compensation for work or materials so done or furnished. -3- 6. Replacement of Defective Work and Guarantee. All work and materials performed and furnished 'hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year of-_er acceptance by the City shall be replaced by Developers at Developers' sole expense. .. 7. Grading Plan and Grading Restriction on Outlots A and B. a. No permit for grading and for installation of roads, storm and surface water drainage facilities shall be issued and the Developers shall perform no such grading and installa- tion except in strict conformance with the Developers' final grading and installation plan dated and approved by the City on b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. No portion of Outlots A and B shall be developed, altered, or disturbed in any way except as an amendment to the development contract. 8. Water and Sewage Disposal Systems. Plans and specifications for all water and sewage disposal systems, including individual wells and septic tanks, shall be submitted to the City Building Inspector for his approval prior to the construction or installation of said systems by the Developers, their successors or assigns. Said plans and specifications shall meet the criteria and standards set forth by the Minnesota Health Department. 9. Boulevards and Driveways. The Developers or their assigns agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of each lot within the plat, no later than the date of occupancy of the principal residence constructed thereon or as soon as weather permits: a. Boulevard sod or seeding, either of which shall be of uniformly good quality; and b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers. For the purpose of assuring to the City that the improvements required by this paragraph shall be constructed and installed according to the requirements of this agreement, Developers agree to furnish to the City a corporate surety bond, approved by the City, in -the amount of $, per lot, naming the City as obligee thereunder, and conditioned upon performance by the Developers of the obligations required by this para- graph. With the consent of the City and in lieu of said bond, the Developers may deposit the sum of $ per lot with the City at the time application is made for a building permit for each lot. Said bond shall be terminated, or cash deposit returned to the Developers, upon approval by the City of the installations described in this section. -4- 10. Emergency Access. a. The Developers agree to .cause their engineers to prepare all plans and specifications necessary for the grading and installation of a nine -ton capacity aggregate surfaced emer- gency access road for fire and safety purposes along the southeasterly boundaries of Lot 5 , Block 1 All plans and specifications shall be subject to the final approval of the City engineers. b. The Developers, for themselves and for their successors and assigns, agree to maintain said emergency access in a usable condition, including plowing said access during the winter months, and further agree to maintain a collapsible barricade at the intersection of such access with Bluff Creek Drive. C. The Developers -agree to convey to the City, its employees, agents, successors and assigns, fire, police and public service utilities, a non-exclusive easement for public right-of-way.and utility purposes over said emergency access road. 11. Finishing and Maintenance of Streets and Slopes. Q Street surfacing shall be specifications dated by the City on in accordance with plans and and approved b. The Developers, for themselves, their successors and assigns, agree to maintain Outlot C for street purposes, at no cost to the City. c. Topsoil removed during construction shall be saved and used for finish grading. Topsoil removed during road construction shall be placed on embankments and side slopes which are to be held at a 4 to 1 slope, or flatter, if feasible. d. It is recommended that homesites be located on slopes of less than 12% and that no slopes over 18% be used for homesites. e. Slopes over 18% shall be maintained in natural cover of grass, shrubs and trees, and shall be managed as protection for open space_ All exposed areas shall be seeded within 30 days after construction. 12. Street Lighting. Street lighting shall be private, i.e., fur- nished by individual lot owners. -5- 13. Easements. a. The City, its employees, agents, successors and assigns, fire, police and public utilities shall have a non-exclusive easement for ingress and egress over Outlots A,B, and C, as shall be necessary for public service and utility purposes, and a non-exclusive easement for ponding and drainage purposes and ingress and egress over Outlot A. b. Easements for drainage, storm water holding ponds, emergency access, City access to storm water holding ponds for mainte- nance purposes, and utility easements shall be shown on the final plat. C. Future Acquisition. Any future acquisition by the City of Outlots A or C shall be without cost or compensation by the City to the then owner or owners thereof. 14. Erosion Control. a. Control of erosion and siltation during and after construction is required throughout the plat, and said controls shall follow the guidelines of "Urban Erosion Control Handbook," August, 1973 edition. b. Developers acknowledge receipt of the Soil and Water Conserva- tion Reports -of July 12, 1973, June 4, 1974, July 17, 1974, and October 1, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying maps, which reports and maps are incorporated herein by reference and made a part hereof, and agree to provide individual site drainage and soil erosion and sedimentation controls reasonably consistent with said reports. C. Developers, at their expense, shall provide temporary dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the develop- ment during all phases of construction, including construction on individual lots. Developers shall keep all streets within the development free of all dirt and debris resulting from construction therein by the Developers or their agents. d. Erosion protection shall be provided at all pond outlets. 15. Location of Structures, Landscaping and Sewage Disposal Systems. Location of structures, landscaping and location of individual sewage disposal systems on individual lots shall be determined through discus- sions between City staff and Developers or their assigns prior to issuancE of building permits, subject to the following standards and conditions: a. Location of structures, landscaping,and location of . individual sewage disposal systems shall take into'considera- tion the preservation of trees, slope protection, surface and subsurface drainage, prevention of siltation, and similar potential problems. .. b. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions governing landscaping, tree maintenance, preservation and removal, and slope protec- tion and maintenance. 16. Building Permits. The Developers covenant and agree that no building permits shall be requested and>the City shall not be required to issue any building permits for construction in the said plat until the Developers have completed the installation of the improvements set forth in Paragraph 1 hereof to the City specifications, and that issuance of any building permit or permits to the Developers prior to the acceptance of said improvements shall not constitute a waiver by the City of its rights hereunder to require completion of said improvements before issuance of additional building permits. Breach of any terms of the within agreement by the Developers shall be grounds for denial of building permits within the plat. 17. City Ordinances. a. Variances of the following provisions of the Chanhassen Subdivision Ordinance are hereby granted: i. 8.02(c) (lots abutting major thoroughfares) ii. 8.03(c) (street grades) iii 8.03(g) (cul-de-sac length) iv. 8.03(k) (private streets) V. 8.06 (a) (2) (lot size) vi. 8.06(b) (frontaae on public street) vii 9 .09 (b) & 9.09(d) (concrete surfacing and curb and gutter) b. Variances of 552.01 and 2.02 of Ordinance No. 45 are hereby granted. c. All other applicable provisions of Chanhassen ordinances are incorporated herein by reference. 18. Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, -7- installed and furnished as forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developers shall fully comply with all of the other terms and provisions of this Development Contract, Developers agree to furnish to the City either a.cash deposit, a corporate surety bond approved by the City and naming the City as obligee there- under, or an irrevocable letter of credit approved by the City in the following amount: $ 19. Liability Insurance. The Developers 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 Developers' work or the work of their subcontractors, or by one directly or in- directly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be -not less than $100,000 for each accident. The City shall be named as co-insured on said. policy and the Developers shall file a copy of the insurance coverage with the City. 20.. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers,. the Developers' contractors or subcontractors, materialmen, 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 agree- ment or the performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising there- from and the costs, disbursements and expenses of defending the same. 21. Reimbursement of Costs. Within fourteen (14) days of sub- mission by the 'City of its notice of costs, the Developers shall reim- burse the City for all costs, including reasonable engineering, legal, planning, and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within contract. 22. Remedies Upon Default. a. Assessments. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure any other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developers agree to pay .the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property within the subject plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure of mechanic's liens unde-r_the laws of the State of Minnesota. In the event of an emergency, as determined by the City engineers, the notice requirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency- b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developers and . the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements, or for the cost of curing any default by the Developers. in their performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract or to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 23. Receipt of Reports. Developers acknowledge receipt of the reports of the Zoning Administrator, City Engineer, Planner and Attorney, and Planning Commission_ Minutes, which are incorporated herein by refe- rence and made a part hereof, and agree to comply with the conditions of said reports and Minutes reasonably consistent with the provisions of the within contract. 24. Approval of Covenants and Restrictions and Homeowners' Association. Outlots A and C of the plat of Hesse Farm 2nd Addition shall be reserved for the use of the property owners within said plat. The Developers shall organize a homeowners' association in the form of a non-profit corporation and said Outlots A and C shall be conveyed to and managed by said association. The Articles of Incorporation and By -Laws of the association must be approved by the City Attorney prior to recording in the office of the County Recorder. For purposes of this agreement, Outlot A shall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of §21.03 thereof shall apply. Outlot A shall be encumbered with restrictive covenants which shall prohibit any use of said Outlot A for other than conservation purposes. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. All other covenants and restrictions, homeowners' association articles of incorporation, and by-laws setting forth construction, use, maintenance and other pertinent controls within the plat, shall be approved by the City Attorney. 25. Status of Outlots. The plat of The Hesse Farm, 2nd Addition contains three outlots designated on the plat as Outlots A,B, and C, respectively. The Developers acknowledge that said outlots may not be developed as building sites for residential structures, and that said outlots are not eligible for the issuance of residential building permits. 26. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 27. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To the Developers: 1425 Bluff Creek Drive Chaska, MN 55313 28. 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. -10- hi IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first abov6 written. CITY OF CHANHASSEN By Mayor Attest: City Manager Harold Hesse, Developer U Mary_Patricia Hesse, Developer STATE OF MINNESOTA ) ss. COUNTY OF CARVER } On this day of , 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument,. and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of.said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) On this day of , 1979, before me, a notary public within and for said county, personally appeared Harold Hesse and Mary Patricia Hesse, husband and wife, to me personally 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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