75-01 - Comp Plan Amendment pt 3CITY D F �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937-1900
August 27, 1981
Mr. Ed Dunn
Dunn Real Estate Mgmt. Inc.
4940 Viking Drive
Minneapolis, MN 55435
Dear Ed:
The City has received complaintsregarding the ungroomed
condition of the entry medians to Chanhassen Lakes Business
Park. There presently appears to be three options which
would assure that these entryways are maintained, which are:
1. Redesign the entryways so that they are maintenance
free,
2. That you privately contract services for maintenance
on a regular basis, and;
3. That the City of Chanhassen carryout the necessary
maintenance and bill you directly for such including
administrative costs.
For obvious reasons, the City prefers that you pursue either
the first or second option. When you have developed a proposal
as to how this problem can be taken care of, I would be glad to
meet with you to discuss your proposal. Thank you for your
cooperation.
Sincerely,
1 }
Bob Waibel
City Planner
BW:nh
cc: Don Ashworth
Bill Monk
Kay Klingelhutz
�a
p Minutes of the 12-17-80 Planning Commission Meetinq
Page 4
Mr. Partridge moved to hold a public hearing for the proposed
subdivision. Mr. J. Thompson seconded the motion. All voted aye. Motion
carried.
Review Scott County .Ccanprehensive Plan:
Mr. Waibel noted that in reviewing the Scott County Ccmprehensive
Plan, no inconsistencies were found with Chanhassen's land use and transpor-
tation plans. He recommended a letter be forwarded to Scott County indi-
cating Chanhassen's approval. Mr. Waibel discussed the highlights of
the Scott County plan and how they related to Chanhassen.
Mr. Partridge moved a letter be submitted to Scott County saying
Chanhassen had no objection to the plan. Mr. W. Thompson seconded the
motion. All voted aye. Notion carried.
Review P-District Status:
Mr. Waibel said the Planning Commission was asked to review the
P-districts because such a review on a regular basis was required by ordinance.
Each P-district was reviewed individually:
(1) Chanhassen Lakes Business Park=: Discussion occurred on Park
Drive and Chairman Horn recalled that Park Drive was permitted to remain
Open until the time New Highway 17 was completed. At that time, the old
and new Highway 17 would be used as access from the business park unto
Highway 5. Mr. J. Thompson moved there be no change in the status of the
business park other than that the Commission.reccmmend to the City Council
the Park Drive access unto Highway 5 be closed within one year of the completion
date of New Highway 17. Mr. Hamilton seconded the motion. All voted aye.
Notion carried.
(2) Chaparra1`-4stJr 2nd, , 3rd,, and-4th Additions: 3 Mr. Waibel described
the development in relation to type, size, and status. He recommended
it be maintained on the annual review list. The Commission generally agreed =='`
with staff's recommendation. No further comment was made.
(3) Chaparral West' Mr. Waibel explained the status of the development
proposal saying it had recently received a recommendation of denial fram
the Planning Commission on the final development plan and final development
plan review by the City Council was anticipated in January. He recorrmended
it be maintained on the annual review list. The Commission ge_nexa�ly agreed
with the staff recommendation. No further commentwas made.
(4) Colonial •Grove2nd Addition:: Mr. Waibel explained the status
and details of this development and noted the developer had requested the
installation of improvements be done as a 429 project. He proceeded to
explain the 429 program and recommended the development be maintained on
an annual review list until the majority of residential units are constructed.
The Commission generally agreed with the staff recc nmezidation. No further
comment was made.
A
T
CITY OF
CHANHASSEN
7610 LAREDO DRIVE9P.O BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: July 17, 1980
TO: City Attorney, Russell Larson
FROM: Land Use Coordinator, Bob Waibel
SUBJ: Permitted Uses in a P-4 District
As you recall, I have received a proposal _a forest products
corporation to purchase and utilize an approximate 5 acre site
in the Chanhassen Lakes Business Park for a wood products
distribution yard. The sketch- proposal shows first phase as
having pole barn type storage on the northwesterly quarter of
the property with an approximate 7200 sq. ft. warehouse in the
center. In my discussions with the applicant, I had informed
him of my intention of receiving an opinion from you on the
compatability of the use to Chanhassen Lakes Business Park and
its covena,nce and restrictions before proceeding to the Planning
Commission and the City Council with the request.
In our discussions, reference by the applicant was made to the
Lyman Lumber facility being approved as- a similar activity. I
had stated that Lyman Lumber is similar in certain respects,
however, as a planned industrial development project, Lyman
was committed to significant improvement of the property over at
least three »bases, includingg the distribution yard area with
dispatch office, a 60,000-100,000 sq. ft. millwork facility, and
an approximate 40,000 sq. ft. trusswork facility, all of which have
a significant valuation.
This office is not certain if the.; subject re es is �so7.,ute�, e atible, with.
Section 17.02 subsection 4 of Ordinande V wh6tein Aolesaling
and warehousing of non-perishable products not manufactured on the
premise of the permitted use is a per.i d use,
additionally,I have questions regarding its Vince with Section
17.01, the P-4 industrial district objectives.
Attached please find a copy of the sketch plan for the proposed
use and also the community location graphic. Please advise me of
your comments at your earliest possible convenience.
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Dunn &c Curry
Real Estate Management Inc.
4940 Vking Drive
Pentagon Of
ice Park
Minneapolis. MN 55435
(612) 835-2808
July 17, 1980
Schoell & Madson, Inc.
50 Ninth Avenue South
Hopkins, Minnesota 55343
Attention: Rod Gordon
Dear Rod:
We have reviewed your proposed alignment for trunk watermain
through Chanhassen Lakes Business Park, Phase II property and
would like to revise it to follow the route shown on the at-
tached sheet (copy). We do not feel that we can firm up the
lot lines as shown on your proposal, as we wouldlike to leave
it flexible. We would like to maintain the possibility of com-
bining several lots for one industrial or commercial site pos-
sibly eliminating the cul-de-sac as it was originally proposed.
If the trunk watermain follows the lot lines as shown, we will
not have this flexibility.
We, therefore,.propose aligning the trunk watermain.down pro-
posed Lake Drive and the proposed Drainage and. Utility Easement
as shown on the attached map. We have proposed to move the
alignment to the north approximately 100 feet to locate the
proposed watermain and street as much out of' the unsuitable
soils as possible. Hopefully this will eliminate any deep sub -
cuts for firm pipe foundation and, if not, we can partially
construct the road bed. The cost of work on the road bed can
be kept separate and assessed against Chanhassen Lakes Business.
Park, Phase II property.
/Cord'11 y,
Ed Dunn �=
JU+ 1980 `
Dunn & Curry Real Estate RECEIVED
Management, Inc. VILLAGE OF,
cc: City of Chanhassen
f, 6
CITY 7F
7610 LAREDO DRIVEoP.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: October 16, 1979
TO: City Manager, Don Ashworth
FROM: Asst. Manager/LUC, Bob Waibel
SUBJ: Street Lighting for Chanhassen Lakes Business Park and Area
As you know, recently -staff has been conferring with Ed Dunn regarding
the street lighting for Chanhassen Lakes Business Park. It has become
apparent that due to the soon approaching frost conditions, and its
subsequent effect upon cost of -installation of a"distribution system,
that timing and involving all parties in the decisions to be made,
has become most important. From a meeting of this date with
representatives of NSP, a cost estimate will be submitted from NSP
for the installation of said distribution system. The development
contract for the Chanhassen Lakes Business Park requires that the
developer will pay for the cost of installation of street lighting
and that the electrical energy supply for street lighting will be
assumed by the city either after 36 months after the completion of
installation of the street lighting or after 500 of the site
developments have been completed, whichever is to occur first.
With the above in mind, it is apparent that the only cost considerations
of the lighting plan for the city would be the aggregate number
of fixtures to•be installed.and the NSP base maintenance cost for
the particular fixture chosen which is based upon the degree of
difficulty for -maintenance. The previously mentioned -cost estimate
will include the base maintenance costs for three different fixtures
suggested by Ed Dunn and staff with said fixtures to be placed at
150 foot intervals. The NSP representatives stated that these fixtures
are normally placed at 200 foot intervals, however, I feel that the
plan should be ultimately revised to intervals more in line with the light
disbursement characteristics of the fixture chosen, i.e. mast height
+ "x fixture = y foot candles. The geographical scope of the
lighting plan is for the interior streets of the first phase of the
business park, old County Road 17 and new electrical service extension
to new County Road 17..
In regards to our previous discussion about fixture uniformity., this
office would appreciate information.regarding the extent to which
the County would or should be involved in lighting plans for the
County roads in the area.
CITY JF
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: October 8, 1979
TO: City Manager, Don Ashworth
FROM: Ass't. City Mgr./Land Use Coordinator, Bob Waibel
SUBJ: Signalization of New Co. Rd. 17 at Trunk Highway 5
This memorandum is to inform you as to the substance of the
meeting of October 5th with representatives of Dunn & Curry,
Carver County, and Mn. Dept. of Transportation regarding the
subject.
Mike Robinson of MnDOT informed us that presently the signalization
of this intersection is ranked 43rd, and it would be ranked 36th
if it was determined that new 17 would be taking the traffic
which presently utilizes old 17. By -the anticipated
rate, this particular signalization would reach construction status
in.two to three years. The intersection presently meets
and has channelizatio.n which would enable MnDOT to do the design
whether or not the signals were constructed today and whether or
not State and Federal funds were utilized. It was additional
indicated that it is generally quicker to have MnDOT do the design
and that if action was taken immediately, a May or June letting
date could be realized.
The next portion of the meeting involved discussion -on funding to -
wit it was noted.that the Federal rules were changed to allow the
Federal money to only be allocated to the State share for roads as
classified at the subject intersection and that these Federal
funds, through anticipated attrition, would not be available probabl
until 1983. y
The discussion then proceeded into the possibilities of financing the
project locally. Pat Murphy indicated that at the present time, the
County would not be able to partake fiscally. Pat had mentioned a
similar situation for the County wherein the project was carried out
taking into account future tax revenues of the development served.
Pat will be drafting a letter outlining possible funding methods and
a chronology for carrying out the signalization proposal for comment
from Dunn & Curry and the City of Chanhassen. It is anticipated
Don Ashworth -2- 10-8-7 9
1
that the City will be requested to additionally comment on
municipal funding possibilities.
Ed Dunn indicated that the parties requesting this signali nation as
a condition of development, will be proposing to construct an
approximately 200,000 sq. ft. plant with valuation of $35.00 a sq. ft.,
and this will possibly be accomplished in 2 phases.
Please notify this office as to any appropriate action to be taken
at this time.
01'J/
Q
WILLIAM O. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL
ROONEY 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
... 1 See 19;�"..
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
(612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS
October 23, 1979 z4t�)%'T�
0CT 1979
RECEIVED
VILLAGE OF
Mr. Ed Dunn �! CHANHASSEN,
Dunn and Curry Real Estate Management, Inc. .add , MINN, G
4940 Viking Drive ��l��G! s �g
Pentagon Office Park
Minneapolis, Minnesota 55435
Subject: Assessment Estimate for Phase II
of Chanhassen Lakes Business Park
Dear Ed:
A couple of weeks ago you requested that we update the costs
in the February,
1978, Feasibility Study for North Lake Susan Area
Improvements. This was specifically for the portion called hanow
se I
at the time of writing of the feasibility study.
designated Phase II• ahe pstreetlanned work in a
sand stormsewer.i includes
An update
sanitary sewer, watermin
tha
the total cost Ofthis work will be
estimate indicates t construction, engineering, legal and
$1,196,000.00 including ontingencies. These costs are broken
administrative costs and c
down as follows-.
Sanitary Sewer $
1$9,400-00
Watermain $230,400.00
Storm Sewer $146,400.00
Streets $619,800.00
The total costs will
spread
tracks and7Carver Countylocated
Road 17
be-
tween Lake Susan and the railroad
and Minnesota Trunk,Highway 101 along with 17 acres just west of
County Road 17 south of the tracke� Thiacresgives an for storm sewer, streets,
future assessment of $11,315.00 p for
and lateral sanitary sewer
00and dwaterrmain ofT$3n300�00sshould be
sanitary sewer of $2,10 the total
included in estimating future assess00. ment
his doesostsnotlinclude the
assessment per acre
service availability charges levied by the MWCC.
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CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 147+CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: October 22, 1979
TO: Ass't. City Manager/LUC, Bob Waibel
FROM: City Manager, Don Ashworth
SUBJ: Street Lighting - Chanhassen Lakes Business Park
fP�Previous discussions with Pat Murphy, I do not believe that the
County is concerned as to the type or nature of lighting on New
Co. 17. His office should review and make any comments in regards
to such. However, installation will not be paid for as a County
project. If there is a charge associated with this work, such
will be a part of the city's public improvement project. Again,
the County must agree to any installation and I anticipate their
major concern to be in the arena of when such work will be done -
thus assuring that this can be coordinated with the contractor
doing road improvements.
CITY JF
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
VEMORANDUM
DATE: October 16, 1979
TO: City Manager, Don Ashworth
FROM: Asst. Manager/LUC, Bob Waibel
SUBJ: Street Lighting for Chanhassen Lakes Business Park and Area
As you know, recently staff has been conferring with Ed Dunn regarding
the street lighting for Chanhassen Lakes Business Park. It has become
apparent that due to the soon approaching frost conditions, and its
subsequent effect upon cost of installation of a distribution system,
that timing and involving all parties in the decisions to be made,
has become most important. From a meeting of this date with
representatives of NSP, a cost estimate will be submitted from NSP
for the installation of said distribution system. The development
contract for the Chanhassen Lakes Business Park requires that the
developer will pay for the cost of installation of street lighting
and that the electrical energy supply for street lighting will be
assumed by the city either after 36 months after the completion of
installation of the street lighting or after 500 of the site
developments have been completed, whichever is to occur first.
With the above in mind, it is apparent that the only cost considerations
of the lighting plan for the city would be the aggregate number
of fixtures to be installed and the NSP base maintenance cost for
the particular fixture chosen which is based upon the degree of
difficulty for maintenance. The previously mentioned cost estimate
will include the base maintenance costs for three different fixtures
suggested by Ed Dunn and staff with said fixtures to be placed at
150 foot intervals. The NSP representatives stated that these fixtures
are normally placed at 200 foot intervals, however, I feel that the
plan should be ultimately revised to intervals more in line with thelight
disbursement characteristics of the fixture chosen, i.e. mast height
+ "x" fixture = y foot candles. The geographical scope of the
lighting plan is for the interior streets of the first phase of the
business park, old County Road 17 and new electrical service extension
to new County Road 17.
In regards to our previous discussion about fixture uniformity, this
office would appreciate information regarding the extent to which
the County would or should be involved in lighting plans for the
County roads in the area.
Riley- Purgatory Creek Watershed District
8950 COUNTY ROAD 94
EDEN PRAIRIE, MINNESOTA 55343
October 4, 1979
Mr. Rodney Gordon
Schoell & Madson
50 - 9th Avenue South
Hopkins, Minnesota 55343
Re: Permit Extension for North Lake Susan
Phase II Development: Chanhassen
Dear Mr. Gordon:
The Board of Managers of the Riley -Purgatory Creek Watershed District
has reviewed your request for extension of the grading and land alteration
permit for the North Lake Susan Phase II Development in Chanhassen. At the
Watershed District's October 3, 1979 meeting, the present status of the
project was discussed. It was indicated that the majority of the develop-
ment site, that being all areas except for street boulevards and the side
slopes of Pond 1, would be restored with seed and mulch and/or sod by
October 15, 1979. The permit extension request reviewed, therefore, was
for restoration of the street boulevard areas and the Pond 1 side slopes.
The Managers approve of the permit extension for this portion of the project
subject to the following conditions:
1. The District will require that boulevard areas that have not
been restored by October 15, 1979 must be restored with seed
and mulch and/or sod by November 15, 1979.
2. The District will require that the sloped areas on Pond 1 must
be restored with seed and mulch and/or sod or wood fiber blanket
by May 15, 1980.
3. The District will require that all erosion control measures on
the site must remain in place and be maintained over the 1979
winter months.
,9'
OCT 1979 Cry;
RECE`1V'ED
VILLAGE OR
CHANNAWMN, ,��,
MINN. _ng
Mr. Rodney Gordon
Page 2
October 4, 1979
If you have any questions regarding the District's comments, please
contact us at 920-0655.
RCO/111
cc: Mr. Conrad Fiskness
Mr. Frederick Richards
Mr. Bob Weibal
Sincerely,
Robert C. Obermeyer
BARR ENGINEERING CO.
Engineers for the District
Approved by the Board of Managers
RILEY-PURGATORY CREEK WATERSHED DISTRICT
(}-sic C/f , Ti�resident
Date: /V
,a
bZ)
RUSSELL H. LARSON
CRAIG M. MERTS
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
Mr. Ed Dunn
Lake Susan Hills
c/o Dunn & Curry
4940 Viking Drive
Minneapllis, MN 55435
Dear Ed:
LA1?S0N 8C MHRT
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
September 28, 1979
prom; City Administrato(
f\,
�_t,
;,,,rred To.
I Iayor
L'L11�.e{i;j.0' ^�.� TELE-Prt ONE
hfio;rey_-`i6��r�=�s-95�S
�Il�ii1FC."_ J
ire^sllr,:r :�
PLfiLF0 ---
Press
I:v
Re: Outlot G
Chanhassen takes Business Park
Attached are the original and one copy of our draft of the County
Road #17 highway easement over Outlot G for execution of the
original by Lake Susan Hills and the Business Park limited partner-
ship.
Please return the executed original to me, together with the original
partial release of the First Southdale National Bank mortgage covering
this tract. I will arrange for recording of the documents with the
County Recorder.
Upon receipt of the requested documents, I will forward the City
payment of $57,707.00, representing $10,000.00 per acre for 5.7707
acres as per the attached Schoell & Madson letter of July 31st.
Very truly yours,
RUSSELL H. LARSON .
Chanhassen City Attorney
RHL:mep
Encl.
cc: Donald W. Ashworth
CH'4�a c �F
M' R EORR
R D E. DAHLIN
LAh Y L HANSON
RAYMLINDJ JACKE;UN
WILLIAM J BRE ZINS;KY
JACK E GILL
RODNEY0 GORDON
THEODORE D KEMNA
JOHN W EMOND
KENNETHE ADOLF
WILLIAM R. ENGEL.HARDT
BRUCE C SUNOING
R SCOTT HARRI
DENNIS W SAARi
GERALD L BACKMAN
—.- SCHUELL & MA0[3OfV, �Nc.
ENGINEERS ANC) SURVEYQRS
(6121 936 76Lf1 • 50 NINTH AVENUE SOUTH • HOPKINS, MiINNESOTA 55,
OFFICES Ar HURON_ SOUTH DAKOTA AND DENTON. TEXAS
July 31, 1979
Mr. Russell 11. Larson, Attorney
1900 First National Bank Building
Minneapolis, Minnesota 55402
Subject: Chanhassen Lakes Business Park,
City of Chanhassen, Minnesota.
Dear Russ:
As requested, we have calculated the area of 4utlot G,
Chanhassen Lakes Business Park. The area equals 251,373 square
feet, or 5.7707 acres.
If you have any questions, please contact us at your
convenience.
Very truly yours,
SCHOELL & MADSON, INC.
1F i
� ,., (l �` � � �✓ L r"t�� `err-- t. � �-�.
RJJackson:bk
2
From: City Administrator
Referred To.
Mayor
Council
Dunn & Curry
_
Planner
Real Estate Management Inc.
Building v
4940 Viking Drive
Attorney
Pentagon Office Park
Engineer r/
Minneapolis, MN 55435
Treasurer
(612) 835-2808
Polico
r
J a t .
Street h9aint,
Utilities
Press
September 25, 1979
Other
Northwestern Bell Telephone
5501 Opportunity Court
Minnetonka, Minnesota 55343
Attention: Darrell Perkins
Re: Chanhassen Lakes Business Park - Phase I
Dear Mr. Perkins:
This is to remind you that telephone service in the subject
property should be available November 1, 1979. Please
contact us as soon as possible to coordinate your needs
with our engineering and construction.
Sincerely,
Ed Dunn
cc: Don Ashworth, City of Chanhassen
Rod Gordon, Schoell $ Madsen
Russell Murphy
ED:sr
-
SEP 1979
RECENED
-!--;
(.r,
VILLAGE OF
0)1
CHANHASSEN,
`y f
MINN. ( '
fto
Dunn & Curry
Real Estate Management Inc.
4940 Viking Drive
Pentagon Office Park
Minneapolis, MN 55435
(612)835-2808
September 25, 1979
Jim Christie
Minnesota Gas Company
733 Marquette Avenue
Minneapolis, Minnesota 55402
Foom: City AdministmtDr
Referred To:
Mayor
Council
Planner L
Building
Attorney
Engineer
Treasurer
Polico
Parks Rec.
_ �tragt L'.ninr_
1ltilitics
Press
Ctt�ar _
Dct�
Re: Gas Mains for Chanhassen Lake Business Park, Phase I -
Your letter of September 18, 1979.
Dear Jim:
Pursuant to our telephone conversation, I am confirming
we will be ready for gas main installation on subject
property by November 1, 1979. Building construction in
the park will have been started prior to that time. In
view of the .fact that you have been on notice of pro-
jected need and dates of this project since March 15,
1979, we request that you advance this project to an
earlier construction date.
We have received your contract covering this project and
are prepared to execute this and make the required deposit
that you request.
Please contact me as soon as possible of any necessary
arrangements with our engineering and construction.
Sincerely;,
Ed Dunn /
cc: Don Ashworth, City of Chanhassen R,
Rod Gordon, Schoell $ Madsen SEP 1979 N�
Russell Murphy Q RECEIVED wa.
c�� VILLAGE Op C°►j
E D: s r C CHANHASSEN, tea,
o�L � F+om: City Administrator
n") _ Rcferred To:
EM7 ':' Mayor -
_f_ r Council
Planner _
Building L..-
Dunn & Curry Attorney
Real Estate Management Inc. Eng;neer J
4940 Viking Drive Treasurer
Pentagon Dice Park
Minneapolis, MN 55435 Polio
Psr{;s I P,ac.
(612) 835-2808 Street P!'aint.
Press
September 24, 1979
Northern States Power Company
Minnetonka Division
Excelsior, Minnesota 55331
Attention: K. W. Davison, Jr.
Customer Service Representative is
Re: Electric Service to Chanhassen Lakes Business Park.
Your Letter of June 28, 1979.
Dear Mr. Davison: 5j
'
This is to advise you that our, construction schedule indi-
cates curb and gutter in Chanhassen Lakes Business Park
will be complete by October 15, 1979. It is anticipated
building construction wit start at or about that time.
Please schedule install 'tion of electric utilities as soon
as possible after this gate.
We now have a street lighting proposal plan and suggest
we meet in orA�_tc discuss th_eimpact on this for your
installation. Thank you for your co-operation.
Please contact me as soon as possible of any necessary
arrangements with our engineering and construction.
Sincerely,.,..
bu
cc: Don Ashworth, City
Rod Gordon, Schoell
Russell Murphy
ED:sr
of Chanhassen
& Madsen
2�26 272��,4
ti SEP 1979 N,
4
-AGE OF C_')
�! GHANHASS$N, G?
M1NN.
l�a��°�
CITY UF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
TO: City Council and Staff
FROM: City Planner, Mark Koegler
DATE: August 29, 1979
SUBJ: Chanhassen Lakes Business Park Signage
PLANNING CASE: P-054
Background
The Chanhassen Lakes Business Park has submitted a proposal for
signage which includes a total of nine signs comprised of three types:
entrance signs, directional signs, and real estate/advertising
signs. Each of these is depicted on the signage system enclosure.
Two entrance signs (labeled A on the attachment) are proposed
for placement in the islands on Highway 5 and on County Road 17.
Four directional signs, labeled B on the attachment, have been
proposed to direct traffic to the business park entrances. These
signs are proposed for the intersection of new County Road 17 and
Park Road on the eastern edge of the property line immediately
south of Highway 5, at the southeastern corner of the intersection
of County Road 17 and Highway 5, at the southern end of Outlot
D along County Road 17, and at the intersection of new County Road
17 and Park Road. Installation of the third type of signage, the
real estate/information sign (C) which is intended to direct
the public to specific lot locations is proposed to occur on three
sites: on Lot 1 Block 2 at the intersection of Park Court and
Park Drive, on Lot 2 Block 4, and on Lot 10 Block 5.
Sign Committee Recommendation
The Sign Committee recommends the following:
Sign A (Entrance Signs) - The Committee recommended that the two
entrance signs proposed by the developer be approved under the
following conditions:
1. That the signs not exceed 128 square feet (8' x 161).
2:. Signs are to be located a minimum of 10' back from
the right-of-way lines of Highways 5 and 17.
3. Sign islandsare to be landscaped and sodded with the
Planning Report -2-
,,ugust 29, 1979
installation of an automatic sprinkler system.
4. All signs and landscaping are to be maintained by the
developer in a good visual condition..
5. Since the island will be part of the dedicated street
right-of-way, the City Attorney should review -a maint-
enance easement which places the responsibility for
sign and plant care with the developer.
Sign B (.Directional Signs) - The Committee recommended approval of
two of the four directional signs proposed. The sign on Out lot D
at the southern end of County Road 17 was omitted because it was
felt as though it was premature since very little traffic to the
park will enter the site from the south via Highway 17. The sign
proposed .for the eastern edge of the site immediately south of
Highway 5 was also omitted because it was judged to be unnecessary.
The Committee recommended the following on the remaining two signs:
1. That the signs not exceed 80 square feet in area.
2. That they be placed not closer than 10 feet from any -
street right-of-way.
3. Signs are to be landscaped, sodded and maintained by
the developer in an attractive condition.
4. The City Attorney should review all easement and maint-
enance agreements.
5. The Committee recommends that the directional sign at
the intersection of County Road 17 and Highway 5 only
be permitted on a temporary basis until such time as
new County Road 17 is constructed and opened.
Sign C (Real Estate/Information Signs) - The Committee recommended
approval of the three proposed signs subject to the following:
1. That the signs are consistent in .form, materials, and
landscaping with Signs A and B.
2. That the sign located on Lot 1 Block 2 at the corner of
Park Court and Park Drive be not greater than 20 square
feet in area.
3. The two other signs located on Lot 2 Block 4 and on Lot
10 Block 5 shall not exceed 30 square feet in area.
Staff Recommendation
Staff concurs with the Sign Committee's recommendation on Sign A
with the following additions:
1. That the developer additionally secure a sign permit from
the State of Minnesota as per state law.
2. That any lighting fall only on the sign surface and not
be a nuisance to the traveling public on Highway 5.
Regarding Sign B, Staff recommends approval of only the sign located
at new 17 and Park Road in conformance with the Sign Committee's
area and locational requirements.
Sign C - Staff recommends approval of Sign C as per Sign Committee
comments.
CHANHASSEN LAKES BUSINESS PARK
DEVELOPMENT COVENANTS AND RESTRICTIONS
CHANHASSEN LAKES BUSINESS PARK, LTD., the Developer of
the premises described in Exhibit A attached hereto and made
a part hereof, to insure the appropriate land use thereof and
proper development and improvement of said premises hereby
makes this declaration for the purpose of subjecting the
premises described in Exhibit A to the covenants, restrictions,
conditions and standards herein; and the land described in
Exhibit A shall be developed and operated in accordance with
the standards so as 1) to protect the value of each building
site, 2) to insure that each site is developed with attractive
improvements constructed of suitable materials, and 3) to
provide for the harmonious appearance and function of Chanhassen
Lakes Business Park.
NOW THEREFORE, Chanhassen Lakes Business Park, Ltd., a
Minnesota limited partnership, hereby.declares that the land
described in Exhibit A hereof shall be developed and used in
accordance with the following standards and guidelines as to
each and every part thereof and shall be binding upon each
owner, and the successors in interest thereof.
SECTION I. PERMITTED USES
1.01 Uses
All commercial, office, warehousing, or industrial uses
shall be permitted except as may otherwise be prohibited hereby,
or by the zoning and land use ordinances and regulations of the
City of Chanhassen. Said zoning regulations shall govern if
inconsistent herewith to the extent actually inconsistent; but
if not inconsistent herewith, the standards herein contained
shall be considered as requirements in addition to said zoning
regulations.
1.02 Prohibitions
No noxious or offensive trades, services or activities
shall be conducted on nor shall anything be done on any site
which may be or become an annoyance or nuisance to other Owners
of the land subject hereto by reason of unsightliness or excessive
emission of odors, fumes, smoke, vibration, dirt, dust, glare,
wastes or noise.
SECTION II. APPROVAL OF PLANS
2.01 Submissions/Approval
No improvements shall be erected, placed or exteriorly
altered on any building site until the building or other alteration
plans, specifications, including front elevations and/or architects
rendering, a plat showing the location of such improvement on the
particular building site, including parking, loading and landscape
plans, have been submitted to and approved in writing by the
Developer, its successors or assigns, as to architectural compatibility
and harmony of external design with existing structures in Chanhassen
Lakes Business Park, as to location of the improvements on the
building site, as giving due regard to the anticipated use thereof
as same may affect adjoining structures, use and operations, as to
location of the improvement with respect to topography, grade and
finished ground elevation and as to fulfilling the purposes of
this declaration. The Developer shall not unreasonably withhold
K
approval of any plans submitted pursuant hereto; provided,
however, that failure to meet the standards contained herein
shall be grounds for disapproval of any such plans. Failure
to disapprove any plans within sixty (60) days after submission
of said plans to it shall be deemed to be approved thereof._
2.02 Commencement of Improvements
Upon receipt of approval, the owner or lessee or other party
to whom the same is given shall, as soon as is practical, satisfy
all conditions thereof and diligently proceed with the commence-
ment and completion of all construction or alterations. In all
cases work shall begin within one year from the date of such
approval. If there is a failure to comply, then the approval
given pursuant to this Section shall be deemed revoked unless
the Developer, upon request made prior to the expiration of said
one year period, extends the time for commencing work.
2.03 Building Code
All improvements shall be constructed in conformity with
the existing building codes of the City of Chanhassen.
2.04 Completion of Improvements
After commencement of the construction and alterations
referred to above, the work shall be diligently undertaken so
that the site shall not remain in a partly finished condition
any longer than reasonably necessary for the completion thereof.
Completion of construction or alteration of such Improvement shall
be within two years after commencement except for so long as com-
pletion is rendered impossible or would result in great hardship
due to strikes, fires, national calamities, or other forces beyond
the control of the Owner or his tenants, agents or assigns.
3
2.05 Landscaping Completion
The site shall be landscaped in accordance with approved plans
within nine (9) months of occupancy or completion (whichever
shall first occur) of the building improvement.
2.06 Non -liability
The Developer or its successors and assigns shall not be
liable to anyone in damages who has submitted plans for approval
or to any land owner by reason of mistake in judgment, negligence,
or non-feasance of itself, its agents or employees, arising out
of or in connection with the approval or disapproval of any such
plans. Likewise anyone so submitting plans to the Developer,
its successors and assigns, for approval, by submitting such
plans, and any person when he becomes an owner agrees that he or
it will not bring any action or suit to recover for any such
damages against the Developer.
2.07 Lot Subdivision
No lot shall be subdivided without the express consent
of the City of Chanhassen and the Developer or its successor.
SECTION III. IMPROVEMENT REGULATION
3.01 Setback
(a) General No structure of any kind, and no part
thereof, shall be placed on any site closer to a property line
than herein provided. The following structures and improvements
are specifically excluded from these setback provisions:
4
(1) Roof overhang, subject to the specific
approval of the Developer in writing.
(2) Steps and walk.
(3) Paving and associated curbing, except that
vehicle parking areas shall not be permitted within twenty—five
(25) feet of the street or property lines.
(4) Fences, except that no fence shall be
placed within the street setback area unless specific approval
is given by Developer in writing.
(5) Landscaping.
(6) Planters, not to exceed three.(3) feet
in height.
(7) Railroad spur tracks, switches and bumpers,
provided that the location of such tracks, switches and bumpers
is specifically approved by Developer in writing.
(8) Gas and service stations including all
appurtenant uses, subject to the specific written approval of the
Developer.
(9) Displays identifying the owner, lessee, or
occupant, as approved by the Developer in writing.
(b) Setback from Interior Property Lines The setback
line is established as twenty-five (25) feet from an interior
property line-
(c) Setback from Street Property Lines The setback
line is established as thirty (30) feet from a street property
line.
3.02 Excavation
No excavation shall be made except in connection with construc-
tion of an improvement, and upon completion thereof exposed openings
shall be backfilled and disturbed ground shall be graded and leveled.
5
3.03 Landscaping Requirements
(a) Every site on which a building shall have been
placed shall be landscaped according to plans approved as
specified herein and maintained thereafter in a sightly and
well -kept condition.
(b) The property owner, lessee or occupant shall land-
scape and maintain unpaved areas between the property lines and
the setback lines. The first twenty-five (25) feet of the setback
from street property lines shall be used exclusively for landscaping
except for walks and driveways bisecting the required landscape
area.
(c) The property owner, lessee or occupant shall
provide hose bibs and maintenance facilities in the vicinity of
the landscaped areas.
3.04 Signs
(a) No billboard or advertising sign shall be permitted,
other than the following:
(1) Those identifying the name, business and
products of the person or firm occupying the premises, and
(2) Those offering the premises for sale or
lease when specifically approved by Developer in writing.
(b) Signs shall conform to setback lines unless
specific approval to the contrary is granted by Developer in
writing.
[:
(c) Signs and identification on buildings or building
sites shall only be of such size, design and color as is specifically
approved by the Developer in writing. The Developer shall, at the
Owner's request, provide sign criteria used by the Developer in
determining whether to grant sign approval or not.
3.05 Parking Areas
(a) General Adequate off-street parking shall be
provided to accommodate all parking needs for employees, visitors
and company vehicles on the site. Lf__parking requirements increase -
as a result of a change in use or number of employees, additional
off-street parking shall be provided to satisfy the intent of
this section.
(b) Parking shall not be permitted:
(1) Between public street pavement and property
line.
(2) Closer than twenty-five (25) feet to a
street property line.
(3) On any public streets and roadways.
(c) The parking requirements may be modified by the
Developer as to any particular site as a precondition to plan
approval.
3.06 Storage and Loading Areas
(a) No materials, supplies or equipment, including
company owned or operated trucks, shall be stored in any area
7
on a site except inside a closed building, or behind a visual
barrier screening such areas from the view of adjoining properties
and/or a public street.
(b) Loading areas shall not encroach into setback
areas unless specifically approved by Developer in writing_
(c) Loading docks shall be set back and screened to
minimize the effect from the street. Docks shall not be closer
than seventy (70) feet to the street property line, unless
specifically approved by Developer in writing. Loading will be
permitted to the rear of the setback line from that portion of
a structure not fronting a street.
SECTION IV. TERM; ASSOCIATION; AMENDMENT
4.01 Term
The covenants and declarations of this Declaration shall
run with and bind the land described in Exhibit A for a term of
thirty (30) years from the date this Declaration is recorded
in the Office of the Carver County Recorder, after which time
they may be extended for successive periods of ten (10) years
upon the affirmative majority vote of the members of the
association referred to in Section 4.02 hereof.
4.02 Owners' Association
Chanhassen Lakes Business Park, Ltd. shall have the right
to create a non-profit association in which all owners of each
site (as defined hereinafter) are entitled to be members. There
shall be no other qualification for membership and no costs in
0
connection therewith. The owner (or owners) of each site shall have
one vote in such association, and membership therein shall be
appurtenant to, and shall not be separated from the ownership of
any platted lot. "Site" for the purposes of this Declaration
shall be defined as any parcel of land conveyed by the Developer
herein to any one grantee for use as a building parcel, whiether
a single platted lot or more.
4.03 Transfer of Rights
Chanhassen Lakes Business Park, Ltd. shall have the right
to assign all of its rights hereunder to any such association
referred to in Section 4.02 hereof or to any successor developing
all of the then unsold lots in the plat described in Exhibit.A.
4.04 Amendment
This Declaration may be amended by an instrument signed by
seventy-five percent of the members of the Association referred
to in Section 4.02 hereof. Any amendment so made shall be
effective upon the recording thereof.
SECTION V. ENFORCEMENT
5.01 Abatement and Suit
The standards set forth herein shall be enforceable by the
Developer, its successors and assigns, for the maximum period
allowed by law and shall be enforceable by the Developer, its
successors and assigns, by (i) injunctive relief, prohibitive
or mandatory, to prevent the breach of or to enforce the perform-
ance or observance of these standards, or by (ii) a money judgment
E
for damages by reason of a breach of these standards, or (iii).both
(i) and (ii) .
5.02 Failure to Enforce
The failure of the Developer, its successors or assigns,
to enforce any provisions of the standards contained herein upon
the violation thereof shall in no event be deemed to be a waiver
of the rights to do.so as to any subsequent violation.
5.03 Severability
Invalidation of any of the provisions of these standards,
whether by court order or otherwise, shall in no way affect any
of the other provisions which shall remain in full force and
effect.
5.04 Attorney's Fees
In any legal or equitable proceeding for the enforcement
or to restrain the violation of this Declaration or any provision
hereof, the losing party or parties shall pay the attorney's fees
of the prevailing party or parties, in such amount as may be fixed
by the Court in such proceedings. All remedies provided herein
or at law or in equity shall be cumulative and not exclusive.
5.05 Mortgagee's Rights
No violation of any of these Declarations shall defeat or
render invalid the lien of any mortgage made in good faith and
for value upon any site; provided, -however, that -any mortgagee
in actual possession, or any purchaser at any mortgagees' or
10
0
foreclosure sale shall be bound by and subject to these Declarations
as fully as any other owner of any site subject hereto.
IN TESTIMONY WHEREOF, Chanhassen Lakes Business Park, Ltd_,
have caused these presents to be executed this day of
1979.
CHANHASSEN LAKES BUSINESS PARK, LTD.
a Minnesota limited partnership,
By: Dunn & Curry Real Estate
Management, Inc., its
No Seal �eneral Partner
its
&� A
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The forego' g instrument was ac 'owledged befor me this
of , 1979, by.
as and by y, ,
as of Dun & Curry Real Estate
Managemen , Inc., a Minnesota corporation, on behalf of said
corporation as General Partner of Chanhassen Lakes Business
Park, Ltd., a Minnesota limited partnership..
Notary blic
TER
=.�INOTARY PBC LYNE F. FOR ESOTA
EPIN COUNTY
sion Expires May 7. 1984
anc
11
The undersigned, Emmer Brothers Company, a Minnesota
corporation, as fee owner, together with Dunn and Curry Real
Estate Management, Inc., a Minnesota corporation, Lake Susan
Hills, a Minnesota partnership, Edmund B. Dunn and Elizabeth J.
Di:?nn, his wife, and James A. Curry and Barbara W. Curry, his wife,
as contract for deed vendors, and First Southdale National Bank of
Edina, a national banking association, as mortgagee, hereby assent
to the foregoing Development Covenants and Restrictions executed
by Chanhassen Lakes Business Park, Ltd., and hereby consent the
imposition thereof upon the land described in Exhibit A hereof,
and agree to the subjugation of said lands to said covenants and
restrictions.
No Seal
EMMER BROTHERS COMPA
a Minn�a corporat
By:
its and
{ 11
STATE, 'OF 'MINNE'SOTA)
',' s s .
COUNTY /0 '�''HENNFPIN )
,oThe forego' instrument was ack wledged efore me this
g
day of ,.1979, by
as • 'r and by
as of Emmer rother `,'Co. , a Minnesota
torpor tion, on behalf of said corporation.
' VIOLA F. 1VICANDReWs �
FiENN2?IN COUNTY Notary . Public
-NOTARY PUBLIC-NIINNESOTA
MY CONIN!SSION •E%PI RES AUG. 18, 1934
DUNN & CUJLJ�Y REAL ESTATE MANAGEMENT,
INC., a nesota corporati�o,n
By:
its and
12
b
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The fore of instrument was ackn wled ed befo m this
day , of g L� , 1979, by g eP�
as and by a
as of Dun & Curry Real Esta- e
Management, I c., a Minnesota corporation, on behalf of said
corporation.
ARLYNE F. PORTER
7t%�± NOTARY PUBLIC - MINNESOTA
��99c�FF HEN„IFPIN COUNTY
MY Msaa
`MM.H...V1 r ::-a s-,ra•7,:..w.,i-._ 5-...: ..
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
c
LAKE SUSAN HILLS, a Minnesota
par4Edmun'pB.
By:
Dunn, Partner
The foregoipS instrument was acknowledged before me this
/3 day of . 1979, by Edmund B. Dunn, a partner
in Lake Susan Hil s, a Minnesota partnership, on behalf of said
partnership.
^� PORTER
ARLYNE F.
4IN A NOTARY PUBLIC -MINNESOTA _.
tS@F HENNEPIN COUNTY Not y Vublic
My Commission Expires May 7. 1904
Edmund B. Dunn
i
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
-The foregoing instrument was acknowledged before me this
day of 1979, by Edmund B. Dunn and Elizabeth J.
Dunn, his wife_ < / ;
�!.�-n ARLYNE F. PORTER
!� NOTARY PUBLIC - MINNESOTA
jd HENNEPIN COUNTY k
.f My Commission Expires May 7, 1904
c
2
mes A. Curry
je
Barbara W. Curry
STATE OF MINNESOTA)
) ss. - -
COUNTY OF HENNEPIN)
he foregoi g instrument was acknowledged before me this
/�j,— day of1979, by James A. Curry and
Barbara W. Curry; "his wife.
./'"°"-'t ARLYNE F. PORTER
;'E"k� NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
••'' My Commission Expuos May 7, 1984
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
c
FIRST SOUTHDALE NATIONAL BANK OF
EDINA, a national banking
association,
By:
its and
�
its Ss�s�An�yi:F Vi�,Sra`
The foregoi g instrument was acknowledged before me this
!r day of 1979, by?6_'�.
as and by 7_14 >A- Icv;
as of First Southdale National Bank
of tdina, a national banking association, on behalf of said
association.
x x
ROLAND M. HOLT
NOTARY PUBLIC-MINN'SOTA
HENNEPIN COUNTY
My Commission Expires Mar. 12, 1986
x .wvv x
Notary Public
14
Lots One (1) through Ten (10), Block One (1); Lots One (1)
through Five (5), Block Two (2); Lots One (1) and Two (2)
Block Three (3); Lots One (1) and Two (2), Block Four (4);
and Lots One (1) through Eleven (11), Block Five (5), all
in CHANHASSEN LAKES BUSINESS PARK, according to the plat
thereof on- file and of record in the Office of the County
Recorder, Carver County, Minnesota.
EXHIBIT A
CITY OF
NEW
7610 LAREDO DRIVE*P.O BOX 147®CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Schoell and Madson, Attn: Ray Jackson
FROM: City Manager, Don Ashworth
DATE: July 25, 1979
SUBJ: Sewer Extension - Chanhassen Lakes Business Park to Highpath
Farm
Various inquiries have previously been made as to means by which the
City can provide sanitary sewer service to the area bounded by Kerber
Drive, Highway 5, and the easterly property line of Lake Ann Park.
This office is aware that your office has carried out overall trunk
sewer studies for this area and have specifically looked at the possi-
bility of serving the Burdick Property, Highpath Farm area, and other
properties lying to the south of New Horizon.
Attached please find a request.from Dunn and Curry to carry out a
feasibility study for sanitary sewer for this area. In verbal
discussions with Dunn and Curry, this office noted that such a study
must.encompass an overall plan by which this entire area could be
served. This office is not desirous of preparing a detailed feasibility
report showing locations, sizes, costs, etc. for sanitary sewer for
the entire area; but, instead, reasonable assurances, from your office,
that we are making extensions in line of an overall plan and that
alternatives for serving this area have been documented.
Prior to starting any work on this request, it may be well to call
this office to verify the specific nature of such a study. This office
would formally request that you provide a cost of completing this
study and submit such to this office. This office will then request
that Dunn and Curry escrow an amount equal to your estimated study
costs prior to the time of requesting you to prepare such study.
Should you have any questions in regards to this memorandum, please
feel free to contact me. %f ;,
cc: Dunn and Curry, Attn : Ed Dunn :{ ,� ,,--
Attachment: Dunn and Curry Letter dated July 24, 1979
�r
Dunn & Curry
Real Estate Management Inc.
4940 Vking Drive
Pentagon Office Park
Minneapolis, MN 55435
(612) 835-2808
July 24, 1979
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota SS317
Attention: Don Ashworth
Re: Sewer Extension - Chanhassen Lakes Business Park to
Highpath Farm, etc. Part of Sec. 11, Twnp. 116W,
R 23W.
Dear Don:
Please undertake a feasibility study for trunk lateral
sewer and water to serve the subject property.
We will pay the cost of this subject to refund if the
project is ordered by the City Council.
Thank you,
an 334
By Dunn & Curry - General Partner
Ed Dunn - President
ED:sr
J U L 1979
RECEIVED
VILLAGE OR
CHANHASSEN,
[_ MINM -k
6/29/79
v3 lVA
CITY OF CHANHASSEN
PLANNED UNIT DEVELOPMENT CONTRACT
CHANHASSEN LAKES BUSINESS PARK
PHASE I
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 Chanhassen Lakes Business Park, Ltd., a Minnesota Limited
Partnership, the general partner of which is Dunn & Curry Real
Estate Management, Inc., a Minnesota corporation (said Chanhassen
Lakes Business Park, Ltd. hereinafter referred to as the Developer);
WITNESSETH, That the City, in'the exercise of its powers
pursuant to M.S. 9462.358 and other applicable state laws, and the
Developer, in consideration of the mutual covenants herein contained,
recite and agree as follows:
SECTION 1. RECITALS.
1.01. Preliminary Development Plan and Preliminary Plat The
Developer has heretofore made application to the City under the City
Zoning Ordinance for the approval of a P-4, Planned Industrial
Development District, including a preliminary plat thereof, of certain
lands comprising ,/ acres, more or less, identified as
Chanhassen Lakes Business Park, more particularly described on Exhibit
A attached hereto and made a part hereof, which tracts of land are
referred to hereinafter as the "plat".-
1.02. Ownership Interests. The ownership interests of the tracts
of land comprising the plat are as follows:
1. Chanhassen Lakes Business Park, Ltd., a Minnesota Limited
Partnership, the general partner of which is Dunn & Curry
Real Estate Management, Inc., a Minnesota corporation,
contract for deed purchaser.
2. Emmer Bros. Co.,a Minnesota corporation, fee owner.
3. Edmund B. Dunn and Elizabeth J. Dunn, husband and wife,
and James A. Curry and Barbara W. Curry, husband and wife,
contract for deed purchasers.
4. Dunn & Curry Real Estate Management, Inc., a Minnesota
corporation, contract for deed purchaser.
5. Lake Susan Hills, a co -partnership, fee owner_
6.. L. Guy Schoenecker, a single man, and Robert A. MacDonald,
married to Yvonne MacDonald, a co -partnership, fee owners..
-1-
1.03. Zoning and Preliminary Development Plan Approval. The
City Planning Commission duly held a public hearing on March 8,
1978, on the petition of the Developer for rezoning of the tracts of
land comprising the plat from R-lA, Agricultural Residence District,
to P-4, Planned Industrial Development District, under the Chanhassen
Zoning Ordinance, and for preliminary development plan and pre-
liminary plat approval.
Thereafter, the City Council, on April 17, 1978, granted approval of
the rezoning of the plat to a P-4 district•, subject to all of the
regulations of said zoning district, and granted preliminary plat
approval of the proposed plat as shown on Exhibit A hereto attached
and made a part hereof (said Exhibit A consisting of four pages
setting forth the legal description of the plat and the arrangement
of the lots, outlots, blocks, and streets within the plat as proposed
by Schoell & Madson, Inc., Engineers and Surveyors.)
Subsequently, the Planning Commission, on May 23, 1979, considered
and the City Council, on June 4, 1979, approved certain modifications
in said preliminary plat involving, among other modifications, access
to State Highway No. 5, as more fully set forth on Exhibit B hereto
attached and made a part hereof and identified as Final Development
Plan, Revision of May 17, 1979, Chanhassen Lakes Business Park, pre-
pared by Urbanscope; said revised preliminary plat to consist of
_3) lots in five blocks for commercial and industrial building
sites and q outlots. Said approval is subject to and on condition
that the Developer enter into this agreement.
1.04. Public Improvements. The -Developer has petitioned the City
to construct and install, in accordance with City standards, the fol-
lowing public improvements within the plat and to have the cost thereof
assessed against all benefitted properties therein under the provisions
of Chapter 429 of Minnesota Statutes:
1. street grading, stabilizing and bituminous surfacing;
2. surmountable concrete curbs and gutters;
3. sanitary sewer mains;
4. water mains;
5. storm and surface water drainage_
The Chanhassen City
Council, on A oril
17
, 1978, authorized
the construction of
said public imp
ovements
as Project 78-3, subject
to and on the condition
that Developer furnish the City with certain
financial guarantees
l set
more fu�e_�rtkoff
forth in
that certain assessment
guarantee agreement
dated
2- IV
1979 between the City
and the Developer.
-2-
Rev. RHL 6/21/79
1.05. Other Improvements. The Developer has made application to
the City to be allowed at, Developer's expense to construct, install
and perform all work and furnish all materials in connection with
the installation of the following improvements:
1. street signs;
2. underground electrical, telephone and gas public utility
lines; and
3. street lighting.
SECTION 2. IMPROVEMENTS BY DEVELOPER.
2.01 Construction. Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment
in connection with the installation of the following improvements:
1. street signs;
2. underground electrical, telephone, and gas public utility
lines; and
3. street lighting.
2.02. Standards of Construction. Developer agrees that all of the.
improvements described in Section 2.01 above shall equal or exceed Citj
standards, shall be construed 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 supervision of the City
Engineers.
2.03. Materials and Labor. All of the materials to be employed_
in the making of the improvements described in Section 2.01 and all of
the work performed in connection 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
shall be removed and replaced with approved material, and
shall be done anew to the satisfaction and approval of the
cost and expense of the Developer.
ism
material
rejected labc
City at the
2.04. Schedule of Work. The Developer shall submit a written
schedule indicating the proposed progress schedule and order of com-
pletion of work covered by Section 2.01 of this contract, which schedule
shall be a part of this contract. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer
has no control which will delay the completion of the work, the City,
in i is discretion, may extend the dates specified for completion.
SECTION 3. GENERAL CONDITIONS.
3.01. Final Grading Plan. The Developer agrees to cause its
engineers to prepare a final grading plan encompassing all the lots
within Blocks 1,2,3,4, and 5, except Lot 11, Block 1, which grading
plan shall be approved by the City.
3.02-. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, planning -
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
3.03. 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 Developer,
the Developer's contractors or subcontractors, materialmen, laborers,
nor 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 Developer 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_
3.04. Written Work Orders. The Developer shall do no work nor
furn h materials not covered by the plans and specifications 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 Developer without such written
order first being given shall be at its own risk, cost and expense,
and Developer hereby agrees that without such written order, Developer
will make no claim for compensation for work. or materials so done or
furnished.
3.05. Erosion Control. Developer, at its expense, shall provide
temporary dams, earthwork or such other devices and practices, 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 contiguous to the plat during all
phases of construction, including construction on individual lots.
-4-
Rev. RHL 6/21/79
v. RHL 6/29/79
Developer and its agents and assigns shall keep all streets free of
all dirt and debris resulting from construction by the Developer, its
agents or assigns, upon the lands described in Exhibit A hereto.
3.06. Street Lighting. The. expense of furnishing electrical
energy for street lighting purposes within the plat shall be assumed
by the City 36 months after the completion of installation of.the
street lighting system, or after 50 % of the commercial and indus-
trial building sites have been improved bythe construction of com-
mercial or industrial buildings thereon, whichever is first to occur.
3.07. Replacement of Defective Work. All work and materials per-
formed and furnished hereunder by the Developer, its agents and sub-
contractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced -by Developer at its sole
expense.
3.08. Liability Insurance. The Developer shall take out and main-
tain, n, so long as the Developer's obligations continue under this
agreement, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which
may arise out of the.Developer's work or the work of its subcontractors,
or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall be not less than $ 300,000 for one
person and $ 500,000 for each accident; limits for property
damage shall be not less than $ 100,000 for each accident. The City
shall be named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City.
3.09. Building Permits. No building permits shall be issued for
construction on individual lots prior to the completion of the public
improvements as provided in Project 78-3, or, in the alternative,
unless the City Council shall make a determination that said public
improvements will be completed prior to occupancy of the principal
structures upon individual lots. Applicants for all building permits
shall be bound by all applicable building application requirements of
the City, including City approval of site plans and building design and
construction as required by §9.06 of the Chanhassen Zoning Ordinance,
and other appropriate sections.
3.10. . Occupancy of Buildings. The occupancy of any building within
said plat for commercial or industrial purposes shall be prohibited by
the City until municipal sanitary sewer and water lines shall have been
installed and are available..to serve the lot for which a building per-
mit shall have been issued.
3.11. Remedies Upon Default.
1. Assessments. In the event the Developer shall default in
the performance of any of the covenants and agreements herein
contained, and such default shall not have been cured within
ten (10) days after receipt by the Developer of written
-5-
notice thereof, the City, if it so elects, may cause ,any of.
the required improvements to be constructed and installed,
or may take action to cure said 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 Minnesota. Statutes,
Chapter 429, in which case the Developer agrees to pay the
entire amount.of the assessment roll pertaining to any such
improvement within 60 days after its adoption.
In addition, Developer further agrees that in the event of
its failure to pay in full any such special assessment
within the time prescribed herein, the City shall have a
specific lien on all of Developer's real property within
said plat for any amount so unpaid, and the City shall
have the right to foreclose said lien in the manner prescribed
for the foreclosure of mechanic's liens under the laws of the
State of Minnesota. In the event of an emergency, as deter-
mined by the City Engineers, the notice requirements to the
Developer shall be and hereby are waived in their entirety,
and the Developer shall reimburse the City for any expense
incurred by the City in remedying the conditions creating
the emergency.
2.. Performance Bond.. In addition to the foregoing, the City may
also institute legal action against the Developer and the
corporate surety on its performance bond, or utilize any cash
deposit or letter of credit furnished pursuant to'this .
contract, to reimburse the City for the cost of making any of
said improvements or for the cost of curing any default by the
Developer in its performance of any of the covenants and
agreements contained herein.
3. 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 con-
tract, or to restrain or abate violations of this development
contract.
3.12. Special Landscaping Conditions. At the time of sale by the
Developer of each of the commercial or residential building sites, the
Developer shall advise its purchasers in writing that landscaping and
location of structures on individual lots shall be determined through
discussions between City staff and the building permit applicant prior
to issuance of building permits, subject to the following standards and
conditions:
1. Landscaping and location of
sideration the preservation
surface drainage, prevention
tial site problems.
I.
structures shall take into con
of trees, slope protection, sub -
of siltation, and similar paten -
Rev. RHL 6/29/79
2. In the event agreement cannot be reached between the City
Staff and the building permit applicant, the City shall have
the right, at the expense of the building permit applicant,
to engage the services of the City Engineer, Planner, a land-
scape architect, a soil conservation consultant, and others,
to advise as to specific problems.
3. The certificate of occupancy for each lot, or covenants and
restrictions, may contain conditions for tree maintenance,
and restrictions on tree removal, after consultations with
the City Forester.
4. Individual site drainage, basement waterproofing and footing
drains for each structure to be constructed within the plat
shall be installed when necessary and appropriate.
SECTION 4. SPECIAL CONDITIONS.
4.01. Lot 9, Block 1, Service Road Access Easement. There shall be
dedicated on the final plat a service road access easement 50 feet in
width on Lot 9, Block 1 for the exclusive use of the owners of Lots 8,
9, and 10, Block 1, for ingress and egress purposes to Carver County
Road No. 17. The location of said easement on Lot 9 shall be located
and constructed as recommended by the City Engineers and approved by the
City. Said service road shall be constructed and maintained in a good
state of repair by the Developer, its successors and assigns.
4.02. Outlot I Building Restrictions. For the purposes of this
agreement, reference is made to a proposed preliminary plat of Chanhasser
Lakes Business Park, drawn February 21, 1978, as prepared for Developer
by Urbanscope, and depicting proposed sediment and erosion control device
which proposed preliminary plat, for purposes set forth in this 54.02, is
attached hereto as Exhibit D. Outlot I of the plat -shown on Exhibit A
(which has been approved as the preliminary plat of Phase I by the City
on April 17; 1978 and June 4, 1979) includes proposed future Blocks 8,9,
10,11 and 12 as depicted on said Exhibit D.
With respect to said proposed Block 11 of Exhibit D (said Block 11 being
a part of Outlot I), it is agreed between the City and the Developer, its
successors and assigns, as follows:
1. No structure shall be erected, the ground level elevation of
which shall be less than 935 feet above sea level at present
grade, or within 200 feet horizontal distance from the ordinary
high water line of Lake Susan, whichever is more restrictive,
on Lots 3,4,5,6, and 7 of said proposed Block 11 (as shown on
Exhibit D).
2. No structure shall be erected on Lots 8 and 9 of said proposed
Block 11 (as shown on Exhibit D) within 200 feet horizontal dis
tance from the ordinary high water line of Lake Susan.
3. The intent of the foregoing restrictions is to screen, as
effectively as possible, structural development on Outlot I fro
the view of residential properties on the easterly and southerl
shores of Lake Susan.
4.03. Side and Rear Lot Utility Easements. Side and rear lot utility
easements of a width determined by the City Engineer shall be shown and
dedicated on the final plat.
Rev. 6/29/79 RHL
4.04. Development Phases. The platting ana'cievelopment of the afore-
said— 31 Iots into ive ocks for commercial and industrial sites shall
constitute Phase I of Chanhassen Lakes Business Park. Outlots D,F,G, and
as depicted on said preliminary plat are reserved by Developer for future
subdivision, platting and development in successive phases.
4.05. Park Drive State Highway No. 5 Access. Developer agrees to pay
all costs related to the Park Drive access to State Highway No. 5 includir
turn lanes, acceleration -deceleration lanes, and other improvements re-
quired by the City and Minnesota Department of Transportation. Said costE
shall include all construction costs and City engineering, legal and ad-
ministrative costs related to said access, and may include the constructic
costs of restricting or closing said access if found necessary in the
future.
4.06. Outlots A,B,C,E,H, & J. Upon the filing of the final plat with
the Carver County Recorder, the Developer and the respective fee and
contract for deed owners thereof shall forthwith grant to the City, with-
out cost, an unrestricted perpetual easement over Outlots A,B,C,E,H, and
J of the plat for use by the City for City sanitary sewer trunk lines,
storm water holding areas and ponds, and soil and water conservation
areas. Said easement shall be in written form suitable for recording
with the Carver County Recorder.
4.07. Performance Bonds. For the purpose of assuring and guaranteeing
to the City that the Developer's costs for improvements to be constructed,
installed and furnished by the Developer as set forth in §§2.01, 4.01 and
4.05 hereof shall be constructed, installed and furnished according to the
terms of this agreement, and that the Developer shall pay all claims for
work done and materials and supplies furnished for the performance of this
agreement, and that Developer shall fully comply with all of the other
terms and provisions of this development contract, the Developer agrees to
furnish to the City a cash deposit, a corporate surety bond approved by
the City as obligee thereunder, or an irrevocable letter of credit
approved by the City in amounts equal to 110% of the estimated costs of
said improvements as determined by the City consulting engineers.
4.08. Compliance with Laws, Ordinances and Regulations. In the de-
velopment of the plat the Developer shall comply with all laws, ordinances
and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army.Corps of Engineers;
4. Riley -Purgatory Creek Watershed District.
4.09. Covenants and Restrictions. Developer has submitted to the City
for the City's approval proposed Chanhassen Lakes Business Park Develop-
ment Covenants and Restrictions, which proposed covenants and restrictions
are attached hereto as Exhibit C and incorporated herein. The zoning
ordinances and regulations of the City shall govern if inconsistent with
said covenants and restrictions to the extent actually inconsistent; but
if not inconsistent therewith, the standards contained in said covenants
and restrictions shall be considered as requirements in addition to said
City ordinances and regulations. Except as qualified herein, said
covenants and restrictions are hereby approved by the City.
Rev. 6/29/ 79 RHL
`.
4.10 Proof of Title. Upon request, the Developer shall furnish 'the
Ci-'ty wwith evidence satisfactory to the City that it has the authority of
the fee owners and contract for deed purchasers to enter into this
development contract.
4.11. Duration of This Contract. This contract shall remain in
force until such time as the'Developer shall have fully performed all
of its duties and obligations under this contract. Upon the written
request of the Developer and upon.the adoption of a resolution by the
Chanhassen City Council finding that the Developer has fully complied wi-
all of the terms of this contract and finding that the Developer has
completed performance of all of Developer's duties mandated by this
contract, the Chanhassen City Manager shall issue to the Developer on
behalf of the City an appropriate certificate of compliance.
SECTION 5. MISCELLANEOUS.
5.01. 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 Developer, 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 Developer: Chanhassen Lakes Business Park, Ltd.
c/o Dunn & Curry Real Estate Management, Inc.
4940 Viking Drive
Edina, MN 55435 -
5.02. Binding Effect. This agreement shall inure to the benefit of
and shall be binding upon the City and the Developer and their respectivE
successors and assigns. Nothing in this agreement, express or implied,
shall give to any person, other than the parties hereto, andtheir respec
tive successors and assigns hereunder, any benefit or other legal or
equitable right, remedy or claim under this agreement..
5.03. Severability. In the event any provisions of this agreement
shall be held invalid, illegal, or unenforceable.by any court of compe-
tent jurisdiction, such holding shall not invalidate or render unenforce-
able any other provision hereof, and the remaining provisions shall not
in any way be affected or impaired thereby.
5.04. Execution of Counterparts. This agreement may be simultaneous]
executed in several counterparts, each of which shall be an original, any
all of which shall constitute but one and the same instrument.
5.05. Construction. This agreement shall be construed in accor-
dance with the laws of the State of Minnesota..
W
IN WITNESS
Lakes Business Park,
be executed in their
above.
JAI
ATTEST--) 'i
'.,..,City Manager
[SEAL]
ATTEST:
/ 12, X
Its Treasu ,er
STATE OF MINNESOTA
COUNTY OF CARVER
WHEREOF, the City of Chanhassen and Chanhassen
Ltd., have caused this development contract to
respective names as of the date first written
ss.
By
CHANHASSEN'LAKES BUSINESS PARK, LTD.,
a Minnes tci Limited Partnership, by
Dunn & urry R-,',l Estate Management, Inc.,
a Minn e t- cC4.
rIration, general partner,
BY
Its Pr sident
On this / day of _9t4, 1979, before me, a
notary public within and for salid county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being by me
duly sworn,did say that they are respectively the Mayor and City
Manager of the City of Chanhassen 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.
cj�" 9
Notary" P is
STATE OF MINNESOTA ) C-L(03U�VH13ON3
•eljdr.3uoissiwwoOM,.,-ramc/�ss. nUOUZIA V3
COUNTY OF �%r/�D�►S/ ) NIW -oilend AHVION i 'f N38V)4
On this 3�?P day of W" c.y e ore me, a notar
Y
public within and for said county, personally appeared, zju
and �, C.K1jfij1tjCA , to me personally known, who, being each by
me duly sworn, did say that they are respectively the President -and the
Treasurer of Dunn & Curry Real Estate'Management, Inc_, general partner
-10-
of Chanhassen Lakes Business Park, Ltd., a Minnesota Limited Partner-
ship, named in the foregoing instrument as the Developer, and that
said instrument was signed and sealed in behalf of said partnership,
and said and ,R C JA�I�YI��,Q ' acknowledge
said instrument to be the free act and deed of said partnership.
Notary Public
` RUSSELL ti. UIRSQN
NOTARY PUBLIC — MINNESOTA
my Comm ssonDVER COUNTY 2,1982
-11-
4
t
t �
July 19, 1979
LAKE SUSAN HILLS - STAGING DATA
PARCEL 1 (WEST OF CO. RD. 17)
PHASE.ONE (1 Year)/�.
s� /,i
�?. S s-rsd
S.F. ... 124 units
Duplexes ........... + 20 (40) units
T.H. 116 units
units
PHASE TWO (1 Year)
S.F. . ..... ... 94 units
Estates(2� ac.)..... 8 units
192 units
PHASE THREE (1 Year)
S.F. ..... ..... 89 units
Estates(22 ac.)......8 units
97 units
PARCEL 2 (EAST OF CO. RD. 17)
PHASE ONE (4 Years)
Quads ................ 31 (124) units
T.H. ................ 63 units
8-Plexes............. 88 units
Apartments.......... 128 units
403 units
PHASE TWO (1 Year)
Duplexes ............. 33 (66) units
Quads ................. 6 (20) units
96 units
PHASE THREE (1 Year)
Duplexes. ........
32 (64) units
64 units
PARCEL 3 (SOUTH OF LAKE SUSAN)
PHASE ONE (2 Years)
S.F. ............... 130 units
T.H. ... 92 units
Apartments...........64 units
� units
PHASE TWO (12 Years)
Estates (21 ac.)... .. 2 units
(Along Co.Rd. 17)
S.F. ...... 137 units
Duplexes..... T5 (10) units
43� units
Commercial (5.11 ac.)
PARCEL 4 (NORTH OF HWY.
PHASE ONE (5 Years)
S.F. ............... 175 units
Duplexes.... ....... 50 (100) units
Quads.......... •
... 74 (296) units
� units
Multiple (16.7 ac.)
Commercial (10.7 ac.)
TOTAL NUMBER OF UNITS (ALL PARCELS)
2.038 units
July 10, 1979
i
LAKE SUSAN HILLS
SITE DEVELOPMENT DATA
PARCEL 1 (West of Co. Rd. #17)
Total Parcel Area.. .............. 217.83 ac.
Area Inside MUSA Line .............. 156.14 ac.
Area Outside MUSA Line .............. 61.69 ac.
Area Outside MUSA to be Served
with Sanitary Sewer ................. 30.31 ac.
Area Inside MUSA not to be Served
(includes 23� ac. lots, Park, Open
Space) .............................. 35.36 ac.
LAND MF NFT AC_ IINTTS NFT nFNCTTV
Single Family 23� ac.
54.50
16
---
Single Family (11,700 S.F.
102.78
307
3.0
2x (15,000 S.F.
6.91
20 40
5.7
T.H.'s
21.19
116
5.5
R.O.W. (Proposed)
21.24
---
---
Park or Open Space
11.21
---
---
TOTAL
217.83
479
2.2 Gross Density)
PARCEL 2 (East of Co. Rd. #17
Total
Parcel Area ..................
127.37
ac.
Area
Inside MUSA Line :.............
127.37
ac.
Area
Outside MUSA Line...........
. 0.00
ac.
Area
Outside MUSA to be Served
with
Sanitary. Sewer ..................
0.00
ac.
Area
Inside MUSA not to be Served
(includes
Park and Open Space)......
42.30
ac.
(Continued on Page 2.)
Reference: Proposed MUSA Line description for City of Chanhassen by
Schoell Madson, Inc., November 27, 1977
t
h Page 2.
July 10 , 1979
i
LAKE SUSAN HILLS
SITE DEVELOPMENT DATA (CONTINUED)
PARCEL 2 (East of Co. Rd. #17) Continued
LAND HSF NET AC. UNTTS NFT DF_NSTTY
2x (15,000 S.F.
23.30
65 130
5.6
4x's
17.23
36 144
8.4
T.H.'s
14.05
63
4.5
8x's
9.10
88
0.7
Apartments
10.80
128
11.9
R.O.W. Proposed
10.59
---
---
Park or Open Space
42.3
---
---
.TOTAL
127.37
553
4.34 Gross Density
PARCEL 3 (South of Lake Susan)
Total Parcel Area .................. 195.81 ac.
Area Inside MUSA Line .............. 139.54 ac.
Area Outside MUSA Line .............. 5� ac.
Area Outside MUSA to be Served
with Sanitary Sewer ................. 34.61 ac.
Area Inside MUSA not to be Served
(includes 22 ac. Lots, Park or
Open Space) ......................... 38.55 ac.
I AND 11SF NFT Ar IINTTC NFT nFNCTTV
Single Family 2-1-, ac,
7.33
2
---
Single Family (11,700 S.F.
92.95
267
2.9
S.F.
2.07
5 10
4.8
T.H.'s
13.14
92
7.0
Apartments
6.39 ,
64
10.0
R.O.W.
22.05
---
---
Park or Open Space
46.77
---
-
Commercial
5.11
---
---
TOTAL
195.81
435
2.2 ,Gross Density)
I
LARSON & MERTZ
ATTORNEYS AT LAW
1000 FIRST NATIONAL SANK SUILDIN6
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CRAIG M. MERTZ (612) 338-986S
OF COUNSEL July 6, 1979
HARVEY E. SKAAR
MARK C. MCCULLOUGH '
Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, MN 55317
Re: Commercial -Industrial Park
Charge
Dear Don:
Pursuant to your memorandum of June 26, 1979, directing the office
of the City Attorney to prepare a rough draft of the commercial -
industrial park charge concepts developed between the City Council
and the Park and Recreation Commission at the joint meeting of June
19, 1979, we submit herewith an outline of the proposals as we
understand them to have been defined.
Ordinance 33, Subdivision Ordinance
In the definitions section, we recommend the following changes:
Delete definition of open space, which now states:
"Open space is an area set aside for the preservation
of natural open spaces to counteract the effects of
urban congestion and monotony."
Delete definition of parks and playgrounds, which now
reads: "Parks and playgrounds are public lands and
open space in the Village of Chanhassen dedicated for
and usable for recreational purposes."
Define active recreational areas as follows:
"Active recreational areas are areas within a plat
dedicated for public use as parks, playgrounds, trails,
beaches, and other areas for active recreational pursuits,
and may include such areas as subdivider has provided for
the exclusive.use of the residents of the subdivision.
Active recreational areas shall not include soil and
water conservation areas."
$ 910-jy�,
JUL1979
RECEIVED r
' VILLAGE OF
, CHANHASSEN, ti /
MINN.�
ce,91�ZrZ��"
Donald W. Ashworth -2- 7/6/79
Define soil and water conservation areas as follows:
"Soil and water conservation areas are areas within a
plat dedicated for public use for the control of
drainage, erosion and siltation within and contiguous to
a plat, and may include storm water holding areas and
ponds, wetlands, water courses and drainageways and other
site development practices and techniques for the control
of drainage, erosion, and siltation. Soil and water
conservation areas shall not include active recreational
areas."
Consideration may be given to inclusion of "preservation
areas," the definition of which could read as follows:
"Preservation areas are areas within a plat dedicated'to
the public use for the preservation of forest and areas
of aquatic vegetation and similar amenities which, if
preserved, will add attractiveness and stability to the
plat and contiguous lands. Conservation areas may
include soil and water conservation areas, but shall not
include active recreational areas."
Amend §7.0,3(e) to read as follows:
other than streets, pedestrian wad
intended to be dedicated to the pU
recreational areas, soil and water
preservation areas, including the
Ordinance-14A, Park Charae Ordinance
"7 .03 (e) . Areas
s, and utility easements,
blic for active
conservation areas, and
size of such areas."
Amend g1.04 to add "and commercial and industrial uses.
Amend §1.06 to read, "All housing developments and
commercial and industrial uses..."
Amend §1.07 to read: "Upon which residential dwellings are
to be constructed or commercial or industrial uses are to
be employed...." -
Add §4.09 to read as follows: "4.09.
Park Charge. All tracts and parcels
platted or unplatted, to be utilized
industrial uses shall be subject to a
park charge which shall be an amount
value of the structureo be erected
by the building permi application a
ments as computed by the City
Commercial -Industrial
of lands, whether
for commercial or
commercial -industrial
equal to of the
a thereon s disclose
nd the site plan improv
Donald W. Ashworth -3- 7/6/79
Amend §6.01, Payment of neighborhood Park Charges...
"All neighborhood park charges payable hereunder shall
be paid upon issuance of the building permit for the
housing unit or commercial -industrial use."
Amend §6.02 to read as follows: "6.02. Effective Date.
This ordinance shall be effective upon its passage and
publication."
Your comments on the foregoing points will be appreciated. Please
advise whether you wish for.this office to be represented at any
Park and Recreation Commission meeti.P1g on this subject.
Very; truly yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Mr. Bob Waibel
City of Chanhassen
Box 147
Chanhassen, MN 55317
Dear Bob:
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
June 25, 1979
TELEPHONE
(612) 335-9565
Re: Chanhassen Lakes Business Park:
Corps of Engineers' Jurisdiction
You have asked us to comment on the June 6, 1979 request of the
Corps of Engineers that a permit application be filed with the
Corps in connection with the ongoing utility work in Chanhassen
Lakes Business Park.
§301 of the Federal Water Pollution Control Act (FWPCA) adopted in
1972 provides that the discharge of pollutants is unlawful except
upon issuance of a permit. (P.L. 92-500 §301). §404 of the FWPCA
authorizes the Secretary of the Army to issue the necessary permits
for "the discharge of fill material into navigable waters."
Violation of the prohibition in 5301, without the necessary §404
permit, can result in civil penalties of up to $10,000 per day of
violation, and criminal fines of up to $50,000 per day of violation.
From the perspective of the municipality, the key question is: What
bodies of water are deemed to be "navigable waters"? The Act itself
is not particularly helpful when it defines "navigable waters" in
§502 as "the waters of the United States."
The Secretary of the Army has issued regulations which attempt to define
more clearly what is meant by "waters of the United States." Because
the definitions contained in those regulations are formulated by
an administrative agency rather than by Congress, specific Corps of
Engineers rulings on the status of specific bodies of water are subject
to Court review.
The Secretary of the Army states in his regulations that the following
consitute "waters of the United States":
2425 26?j����'
JUN 1979
:-1ANHASSL•N, it> /
MINN.
Bob Waibel -2- 6/25/79
Re: Chanhassen Lakes Business Park
Corps of Engineers
"Tributaries to,navigable waters of the
United States including adjacent wetlands
and
"isolated wetlands and lakes ... the degradation of
which could affect interstate commerce." (33 CFR 323.2)
Those regulations define "wetlands" as:
"areas that ... are saturated by ... water at a frequency
and duration sufficient to support ... a prevalence of
vegetation typically adapted for life in saturated
soil conditions."
The office of the local district office of the Corps of Engineers
has taken the position that Lake Riley and Lake Susan are "waters of
the United States." Thus, City activities involving the filling of
wetlands adjacent to City lakes would have to be authorized by a
Corps of Engineers permit.
It should be remembered that the authority of Congress to enact
the FW1CA must be based on some provision of the Federal Constitution.
The Courts have held that the FWPCAis a valid exercise of the Congress's
powerto regulate interstate commerce. In a Court test as to the
proper application of both the FWPCA and the regulations issued pursuant
to that statute, some connection must be found between the specific
controls sought to be exercised by the Corps and interstate commerce.
We have serious doubts about the ability of the Corps to demonstrate
a link between City activities on Lake Susan wetlands and interstate
commerce. In addition, we have doubts concerning the authority of the
Corps to unilaterally designate large areas of private property as
wetlands while affording the property owner no opportunity to participate
in the designation process.
As a practical matter, the City can only weigh the cost of completing
the necessary permit application forms against the costs of challenging
the Corps in Court.
It is our recommendation that the necessary permit application be filed.
Rodney Gordon advises me that his firm has received the necessary
permit for the sewer construction itself, and has made application for
a permit in connection with the creek crossing.
CeVytruly yours,
CRAIG M MERTZ
Assistant Chanhassen City Attorney
C Y.: mep
cc: Donald W. Ashworth
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
C RAIG M. MERTZ (612) 335-066B
OF COUNSEL June 22, 1979
HARVXY E. SKAAR
MARK C. MCCULLOUGH
Donald W. Ashworth, City Manager
Bob Waibel, Assistant City Manager/Planner
Chanhassen City Offices
Box 147
Chanhassen, MN 55317
Re: Chanhassen Lakes Business Park
Development Contract, Phase I
Dear Don and Bob:
Attached for each of you is a redraft of the development contract
for Phase I, incorporating those changes made following our meeting
of Thursday, June 21, 1979. I believe this draft accurately reflects
those changes.
Also attached for each of you is a copy of the covenants and
restrictions with changes made by me in §§1.01 and 2.01. These
covenants and restrictions are approved by -this office..
RHL:mep
Encl.
Very truly yours,
RUSSELL H. LARSON
Chanhassen City. Attorney
JUN 1979,
RECEIyED j
VILLAGe OH; . ti
CNANNASGLIN, 4'-J)
,_ MINN. - 0S
CITY OF CHANHASSEN
PLANNED UNIT DEVELOPMENT CONTRACT
CHANHASSEN LAKES BUSINESS PARK
PHASE I
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 Chanhassen Lakes Business Park, Ltd., a Minnesota Limited
Partnership, the general partner of which is Dunn & Curry Real
Estate Management, Inc., a Minnesota corporation (said Chanhassen
Lakes Business Park, Ltd. hereinafter referred to as the Developer);
WITNESSETH, That the City, in the exercise of its powers
pursuant to M.S. §462.358 and other applicable state laws, and the
Developer, in consideration of the mutual covenants herein contained,
recite and agree as follows:
SECTION 1. RECITALS.
1.01. Preliminary Development Plan and Preliminary Plat The
Developer has heretofore made application to the City under the City
Zoning Ordinance for the approval of a P-4, Planned Industrial
Development District, including a preliminary plat thereof, of certain
lands comprising acres, more or less, identified as
Chanhassen Lakes Business Park, more particularly described on Exhibit
A attached hereto and made a part hereof, which tracts of land are
referred to hereinafter as the "plat".
1.02. Ownership Interests. The ownership interests of the tracts
of land comprising the plat are as follows:
1. Chanhassen Lakes Business Park, Ltd., a Minnesota Limited
Partnership, the general partner of which is Dunn & Curry
Real Estate Management, Inc., a Minnesota corporation,
contract for deed purchaser.
2. Emmer Bros. Co., a Minnesota corporation, fee owner.
3. Edmund B. Dunn and Elizabeth J. Dunn, husband and wife,
and James A. Curry and Barbara W. Curry, husband and wife,
contract for deed purchasers.
4. Dunn & Curry Real Estate Management, Inc., a Minnesota
corporation, contract for deed purchaser.
5. Lake Susan Hills, a co -partnership, fee owner.
6. L. Guy Schoenecker, a single man, and Robert A. MacDonald,
married to Yvonne MacDonald, a co -partnership, fee owners.
-1-
1.03. Zoning and Preliminary Development Plan Approval. The
City Planning Commission duly held a public hearing on March 8,
1978, on the petition of the Developer for rezoning of the tracts of
land comprising the plat from R-lA, Agricultural Residence District,
to P-4, Planned Industrial Development District, under the Chanhassen
Zoning Ordinance, and for preliminary development plan and pre-
liminary plat approval.
Thereafter, the City Council, on April 17, 1978, granted approval of
the rezoning of the plat to a P-4 district, subject to all of the
regulations of said zoning district, and granted preliminary plat
approval of the proposed plat as shown on Exhibit A hereto attached
and made a part hereof (said Exhibit A consisting of four pages
setting forth the legal description of the plat and the arrangement
of the lots, outlots, blocks, and streets within the plat as proposed
by Schoell & Madson, Inc., Engineers and Surveyors.)
Subsequently, the Planning Commission, on May 23, 1979, considered
and the City Council, on June 4, 1979, approved certain modifications
in said preliminary plat involving, among other modifications, access
to State Highway No. 5, as more fully set forth on Exhibit B hereto
attached and made a part hereof and identified as Final Development
Plan, Revision of May 17, 1979, Chanhassen Lakes Business Park, pre-
pared by Urbanscope; said revised preliminary plat to consist of
lots in five blocks for commercial and industrial building
sites and outlots. Said approval is subject to and on condition
that the Developer enter into this agreement.
1.04. Public Improvements. The Developer has petitioned the City
to construct and install, in accordance with City standards, the fol-
lowing public improvements within the plat and to have the cost thereof
assessed against all benefitted properties therein under the provisions
of Chapter 429 of Minnesota Statutes:
1. street grading, stabilizing and bituminous surfacing;
2. surmountable concrete curbs and gutters;
3. sanitary sewer mains;
4. water mains;
5. storm and surface water drainage.
The Chanhassen City Council, on , 1978, authorized
the construction of said public improvements as Project 78-3, subject
to and on the condition that Developer furnish the City with certain
financial guarantees more fully set forth in that certain assessment
guarantee agreement dated 1979 between the City
and the Developer.
-2-
Rev. RHL 6/21/79
1.05. Other Improvements. The Developer has made application to
the City to be allowed at Developer's expense to construct, install
and perform all work and furnish all materials in connection with
the installation of the following improvements:
1. street signs;
2. underground electrical, telephone and gas public utility
lines; and
3. street lighting.
SECTION 2. IMPROVEMENTS BY DEVELOPER.
2.01 Construction. Developer agrees at. its expense to construct,
install an per orm all work and furnish all materials and equipment
in connection with the installation of the following improvements:
1. street signs;
2. underground electrical, telephone, and gas public utility
lines; and
3. street lighting.
2.02. Standards of Construction. Developer agrees that all of the
improvements described in Section 2.01 above shall equal or exceed City
standards, shall be construed 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 supervision of the City
Engineers.
2.03. Materials and Labor. All of the materials to be employed
in the making of the improvements described in Section 2.01 and all of
the work performed in connection 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
shall be removed and replaced with approved material, and
shall be done anew to the satisfaction and approval of the
cost and expense of the Developer.
-3-
material
rejected labor
City at the
2.04. Schedule of Work. The Developer shall submit a written
schedule indicating the proposed progress schedule and order of com-
pletion of work covered by Section 2.01 of this contract, which schedule
shall be a part of this contract. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer
has no control which will delay the completion of the work,' the City,
in its discretion, may extend the dates specified for completion.
SECTION 3.
GENERAL CONDITIONS.
3.01. Final Grading Plan. The Developer agrees to cause its
engineers to prepare a final grading plan.encompassing all the lots
within Blocks 1,2,3,4, and 5, except Lot 11, Block 1, which grading
plan shall be approved by the City.
3.02. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
3.03. 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 Developer,
the Developer's contractors or subcontractors, materialmen, laborers,
nor 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 Developer 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.
3.04. Written Work Orders. The Developer shall do no work nor
furnish materials not covered by the plans and specifications 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 Developer without such written
order first being given shall be at its own risk, cost and expense,
and Developer hereby agrees that without such written order, Developer
will make no claim for compensation for work or materials so done or
furnished.
3.05. Erosion Control. Developer, at its expense, shall provide
temporary dams, earthwork or such other devices and practices, 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 contiguous to the plat during all
phases of construction, including construction on individual lots.
-4-
Rev. RHL 6/21/79
Developer and its agents and assigns shall keep all streets free of
all dirt and debris resulting from construction by the Developer, its
agents or assigns, upon the lands described in'Exhibit A hereto.
3.06. Street Lighting. The expense of furnishing electrical
energy for street lighting purposes within the plat shall be assumed
by the City months after the completion of installation of the
street lighting system, or after % of the commercial and indus-
trial building sites have been improved by the construction of com-
mercial or industrial buildings thereon, whichever is first to occur.
3.07. Replacement of Defective Work. All work and materials per-
formed and furnished hereunder by the Developer, its agents and sub-
contractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at its sole
expense.
3.08. Liability Insurance. The Developer shall take out and main-
tain, -so long as the Developer's obligations continue under this
agreement, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which
may arise out of the Developer's work or the work of its subcontractors,
or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall be not less than $ for one
person and $ for each accident; limits for property
damage shall be not less than $ for each accident. The City
shall be named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City.
3.09. Building Permits. No building permits shall be issued for
construction on individual lots prior to the completion of the public
improvements as provided in Project 78-3, or, in the alternative,
unless the City Council shall make a determination that said public
improvements will be completed prior to occupancy of the principal
structures upon individual lots. Applicants for all building permits
shall be bound by all applicable building application requirements of
the City, including City approval of site plans and building design and
construction as required by §9.06 of the Chanhassen Zoning Ordinance,
which, for purposes of this agreement, is construed to include archi-
tectural design.
3.10. Occupancy of Buildings. The occupancy of any building within
said plat for commercial or industrial purposes shall be prohibited by
the City until municipal sanitary sewer and water lines shall have been
installed and are available to serve the lot for which a building per-
mit shall have been issued.
3.11. Remedies Upon Default.
1. Assessments. In the event the Developer shall default in
the performance of any of the covenants and agreements herein
contained, and such default shall not have been cured within
ten (10) days after receipt by the Developer of written
-5-
notice thereof, the City, if it so elects, may cause any of
the required improvements to be constructed and installed,
or may take action to cure said 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 Minnesota Statutes,
Chapter 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within days after its adoption.
In addition, Developer further agrees that in the event of
its failure to pay in full any such special assessment
within the time prescribed herein, the City shall have a
specific lien on all of Developer's real property within
said plat for any amount so unpaid, and the City shall
have the right to foreclose said lien in the manner prescribed
for the foreclosure of mechanic's liens under the laws of the
State of Minnesota. In the event of an emergency, as deter-
mined by the City Engineers, the notice requirements to the
Developer shall be and hereby are waived in their entirety,
and the Developer shall reimburse the City for any expense
incurred by the City in remedying the conditions creating
the emergency.
2. Performance Bond. In addition to the foregoing, the City may
also institute legal action against the Developer and the
corporate surety on its performance bond, or utilize any cash
deposit or letter of credit furnished pursuant to this
contract, to reimburse the City for the cost of.making any of
said improvements or for the cost of curing any default by the
Developer in its performance of any of the covenants and
agreements contained herein.
3. 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 con-
tract, or to restrain or abate violations of this development
contract.
3.12. Special Landscaping Conditions. At the time of sale by the
Developer of each of the commercial or residential building sites, the
Developer shall advise its purchasers in writing that landscaping and
location of structures on individual lots shall be determined through
discussions between City staff and the building permit applicant prior
to issuance of building permits, subject to.the following standards and
conditions:
1. Landscaping and location of
sideration the preservation
surface drainage, prevention
tial site problems.
structures shall take into con -
of trees, slope protection, sub -
of siltation, and similar poten-
Rev. RHL 6/21/79
2. In the event agreement cannot be reached between the City
Staff and the building permit applicant, the City shall have
the right, at the expense of the building permit applicant,
to engage the services of the City Engineer, Planner, a
landscape architect, a soil conservation consultant,. and
others, to advise as to specific problems.
3. The certificate of occupancy" for each lot, or covenants and
restrictions, may contain conditions for tree maintenance,
and restrictions on tree removal, after consultations with
the City Forester.
4. Individual site drainage, basement waterproofing and footing
drains for each structure to be constructed within the plat
shall be installed when necessary and appropriate.
SECTION 4. SPECIAL CONDITIONS.
4.01. Lot 9, Block 1, Service Road Access Easement. There shall
be dedicated on the final plat a service road access easement 50 feet
in width on Lot 9, Block 1 for the exclusive use of the owners of Lots
8,9, and 10, Block 1, for ingress and egress purposes to Carver County
Road No.. 17. The location of said easement on Lot 9 shall be located
and constructed as recommended by the City Engineers and approved by
the City. Said service road shall be constructed and maintained in
a good state of repair by the Developer.
4.02. Block 5 Building Restrictions.
1. No structure shall be erected, the ground level elevation
of which shall be less than 935 feet above sea level at
present grade, or within 200 feet horizontal distance from
the ordinary high water line of Lake Susan, whichever is
more restrictive, on Lots 3,4,5,6, and? of Block 5 of the plat.
2. No structure shall be erected on Lots 8 and 9 of Block 5 of
the plat within 200 feet horizontal distance from the ordinary
high water line of Lake Susan.
4.03. Side and Rear Lot Utility Easements. Side and rear lot
utility easements of a'width determined by the City Engineer shall be
shown and dedicated on the final plat.
4.04. Development Phases. The platting and development of the
aforesaid lots into five blocks for commercial and industrial
sites shall constitute Phase I of Chanhassen Lakes Business Park. Out -
lots D,F, and I as depicted on said preliminary plat are reserved by
Developer for future subdivision, platting and development in successive
phases.
4.05. Park Drive State Highway No. 5 Access. Developer agrees to pay
all costs related to the Park Drive access to State Highway No. 5 includir
turn lanes, acceleration -deceleration lanes, and other improvements re-
quired by the City and Minnesota Department of Transportation. Said
costs shall include all construction costs and City engineering, legal
and administrative costs related to said access, and may include the
costs of restricting said access.
-7-
Rev. RHL 6/21/79
4.06. Outlots A,B,C,E,G,.H, & J. Upon the filing of the final plat
with the Carver County Recorder, Outlots A,B,C,E,G,H, & J of the Plat
shall be conveyed forthwith by warranty deed, free of all encumbrances,
by the respective fee and contract for deed owners thereof, to the
City without cost to the City for use by the City for sanitary sewer
trunk lines, storm water holding areas and ponds, and soil and water
conservation areas.
4.07. Performance Bonds. For the purpose of assuring and guaran-
teeing to the City that the improvements to be constructed,. installed
and furnished by the Developer as set forth in §§2.01, 4.01 and 4.05
hereof shall be constructed, installed and furnished according to the
terms of this agreement, and that the Developer shall pay all claims for
work done and materials and supplies furnished for the performance of thi
agreement, and that Developer shall fully comply with all of the other
terms and provisions of this development contract, the Developer agrees
to furnish to the City a cash deposit, a corporate surety bond approved
by the City as obligee thereunder, or an irrevocable letter of credit
approved by the City in amounts equal to 110% of the estimated costs of
said improvements as determined by the City consulting engineers.
4.08. Compliance with Laws, Ordinances and Regulations. In the
development of the plat the Developer shall comply with all laws,
ordinances and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Riley -Purgatory Creek Watershed District.
4.09. Covenants and Restrictions. Developer has submitted to the
City for the City's approval proposed Chanhassen Lakes Business Park
Development Covenants and Restrictions, which proposed covenants and
restrictions are attached hereto as Exhibit C, and incorporated herein.
The zoning ordinances and regulations of the City shall govern if in-
consistent with said covenants and restrictions to the extent actually
inconsistent; but if not inconsistent therewith, the standards contained
in said covenants and restrictions shall be considered as requirements
in addition to said City ordinances and regulations. Except as qualified
herein, said covenants and restrictions are hereby approved by the City.
4.10. Proof of Title. Upon request, the Developer shall furnish
the City with evidence satisfactory to the City that it has the autho-
rity of the fee owners and contract for deed purchasers to enter into
this development contract.
4.11. Duration of this Contract. This contract shall remain in
force until such time as the Developer shall have fully performed all
of its duties and obligations under this contract. Upon the written
request of the Developer and upon the adoption of a resolution by the
Chanhassen City Council finding that the Developer has fully complied
with all of the terms of this contract and finding that the Developer
has completed performance of all of Developer's duties mandated by
this contract, the Chanhassen City Manager shall issue to the Developer
on behalf of the City an appropriate certificate of compliance.
SECTION 5.
MISCELLANEOUS.
5.01. 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 Developer,
by written notice given by one to the other, may designate any
address or addresses to which notices, certificates or other communi-
cations 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, Minnesota 55317
Attn: City Manager
To the Developer: Chanhassen Lakes Business Park, Ltd.
C/o Dunn & Curry Real Estate
Management, Inc.
4940 Viking Drive
Edina, MN 55435
5.02. Binding Effect. This agreement shall inure to the benefit
of and shall be binding upon the City and the Developer and their
respective successors and assigns. Nothing in this agreement, express
or implied, shall give to any person, other than the parties hereto,
and their respective successors and assigns hereunder, any benefit or
other legal or equitable right, remedy or claim under this agreement.
5.03. Severability. In the event any provisions of this agreement
shall be held invalid, illegal, or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining.provisions
shall not in any way be affected or impaired thereby.
5.04. Execution of Counterparts. This agreement may be simultaneousll
executed in several counterparts, each of which shall be an original,
and all of which shall constitute but one and the same instrument.
5:05. Construction. This agreement shall be construed in accor-
dance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the City of Chanhassen and Chanhassen
Lakes Business Park, Ltd., have caused this development contract to
be executed in their respective names as of the date first written
above.
[SEAL]
ATTEST:
ty Manager
[SEAL]
ATTEST:
Its Secretary
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
By
is Mayor
CHANHASSEN LAKES BUSINESS PARK, LTD.,
a Minnesota Limited Partnership, by
Dunn & Curry Real Estate Management, Inc.,
a Minnesota corporation, general partner,
By
_ -Its President - -- - ----- -- ---
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 by me
duly sworn,did say that they are respectively the Mayor and City
Manager of the City of Chanhassen 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 )
On this day of , 1979, before me, a notary
public within and for said county, personally appeared
and _ , to me personally known, who ng each by
me duly sworn, did say that they are respectively the President and the
Secretary of Dunn & Curry Real Estate Management, Inc., general partner
-10-
of Chanhassen Lakes Business Park, Ltd.,
ship, named in the foregoing instrument
said instrument was signed and sealed in
and said _ and
said instrument to --thee
be the free act and d
-11-
a Minnesota Limited Partner -
as the Developer, and that
behalf of said partnership,
acknowledged
eed of said partnersh'
Notary Public
ip.
7?
CHANHASSEN LAKES BUSINESS PARK
DEVELOPMENT COVENANTS AND RESTRICTIONS
CHANHASSEN LAKES BUSINESS PARK, LTD., the Developer of
the premises described in Exhibit A attached hereto and made
a part hereof, to insure the appropriate land use thereof and
proper development and improvement of said premises hereby
makes this declaration for the purpose of subjecting the
premises described in Exhibit A to the covenants, restrictions,
conditions and standards herein; and the land described in
Exhibit A shall be developed and operated in accordance with
the standards so as 1) to protect the value of each building
site, 2) to insure that each site is developed with attractive
improvements constructed of suitable materials, and 3) to
provide for the harmonious appearance and function of Chanhassen
Lakes Business Park.
NOW THEREFORE, Chanhassen Lakes Business Park, Ltd., a
Minnesota limited partnership, hereby declares that the land
described in Exhibit A hereof shall be developed and used in
accordance with the following standards and guidelines as to
each and every part thereof and shall be binding upon each
owner, and the successors in interest thereof.
SECTION I. PERMITTED USES
1.01 Uses
All c ° to M v7d/4"
office, warehousing, or industrial uses
shall be permitted except as may otherwise be prohibited hereby,
or by the zoning and land use ordinances and regulations of the
City of Chanhassen. Said zoning regulations shall govern if
inconsistent herewith to the extent actually inconsistent; but
if not inconsistent herewith, the standards herein contained
shall be considered as requirements in addition to said zoning
regulations.
1.02 Prohibitions
No noxious or offensive trades, services or activities
shall be conducted on nor shall anything be done on any site
which may be or become an annoyance or nuisance to other Owners
of the land subject hereto by reason of unsightliness or excessive
emission of odors, fumes, smoke, vibration, dirt, dust, glare,
wastes or noise.
SECTION II. APPROVAL OF PLANS
2.01 Submissions/Approval
No improvements shall be erected, placed or exteriorly
altered on any building site until the building or other alteration
plans, specifications, including front elevations and/or architects
rendering, a plat showing the location of such improvement on the
particular building site, including parking, loading and landscape
plans, have been submitted to and approved in writing by the
A ra'cM"L PdWA-4 iBiLi?y
Developer, its successors or assigns, as to and
harmony of external design with existing structures in Chanhassen
Lakes Business Park, as to location of the improvements on the
building site, as giving due regard to the anticipated use thereof
as same may affect adjoining structures, use and operations, as to
location of the improvement with respect to topography, grade and
finished ground elevation and as to fulfilling the purposes of
this declaration. The Developer shall not unreasonably withhold
2
approval of any plans submitted pursuant hereto; provided,
however, that failure to meet the standards contained herein
shall be grounds for disapproval of any such plans. Failure
to disapprove any plans within sixty (60) days after submission
of said plans to it shall be deemed to be approved thereof.
2.02 Commencement of Improvements
Upon receipt of approval, the owner or lessee or other party
to whom the same is given shall, as soon as is practical, satisfy
all conditions thereof and diligently proceed with the commence-
ment and completion of all construction or alterations. In all
cases work shall begin within one year from the date of such
approval. If there is a failure to comply, then the approval
given pursuant to this Section shall be deemed revoked unless
the Developer, upon request made prior to the expiration of said
one year period, extends the time for commencing work.
2.03 Buildina Code
All improvements shall be constructed in conformity with
the existing building codes of the City of Chanhassen.
2.04 Completion of Improvements
After commencement of the construction and alterations
referred to above, the work shall be diligently undertaken so
that the site shall not remain in a partly finished condition
any longer than reasonably necessary for the completion thereof.
Completion of construction or alteration of such Improvement shall
be within two years after commencement except for so long as com-
pletion is rendered impossible or would result in great hardship
due to strikes, fires, national calamities, or other forces beyond
the control of the Owner or his tenants, agents or assigns.
3
2.05 Landscaping Completion
The site shall be landscaped in accordance with approved plans
within nine (9) months of occupancy or completion (whichever
shall first occur) of the building improvement.
2.06 Non -liability
The Developer or its successors and assigns shall not be
liable to anyone in damages who has submitted plans for approval
or to any land owner by reason of mistake in judgment, negligence,
or non-feasance of itself, its agents or employees, arising out
of or in connection with the approval or disapproval of any such
plans. Likewise anyone so submitting plans to the Developer,
its successors and assigns, for approval, by submitting such
plans, and any person when he becomes an owner agrees that he or
it will not bring any action or suit to recover for any such
damages against the Developer.
2.07 Lot Subdivision
No lot shall be subdivided without the express consent
of the City of Chanhassen and the Developer or its successor.
SECTION III. IMPROVEMENT REGULATION
3.01 Setback
(a) General No structure of any kind, and no part
thereof, shall be placed on any site closer to a property line
than herein provided. The following structures and improvements
are specifically excluded from these setback provisions:
4
(1) Roof overhang, subject to the specific
approval of the Developer in writing.
(2) Steps and walk.
(3) Paving and associated curbing, except that
vehicle parking areas shall not be permitted within twenty-five
(25) feet of the street or property lines.
(4) Fences, except that no fence shall be
placed within the street setback area unless specific approval
is given by Developer in writing.
(5) Landscaping.
(6) Planters, not to exceed three (3) feet
in height.
(7) Railroad spur tracks, switches and bumpers,
provided that the location of such tracks, switches and bumpers
is specifically approved by Developer in writing.
(8) Gas and service stations including all
appurtenant uses, subject to the specific written approval of the
Developer.
(9) Displays identifying the owner, lessee, or
occupant, as approved by the Developer in writing.
(b) Setback from -Interior Property Lines The setback
line is established as twenty-five (25) feet from an interior
property line.
(c) Setback from Street Property Lines The setback
line is established as thirty (30) feet from a street property
line.
3.02 Excavation
No excavation shall be made except in connection with construc-
tion of an improvement, and upon completion thereof exposed openings
shall be backfilled and disturbed ground shall be graded and leveled.
ki
3.03 Landscaping Requirements
(a) Every site on which a building shall have been
placed shall be landscaped according to plans approved as
specified herein and maintained thereafter in a sightly and
well -kept condition.
(b) The property owner, lessee or occupant shall land-
scape and maintain unpaved areas between the property lines and
the setback lines. The first twenty-five (25) feet of the setback
from street property lines shall be used exclusively for landscaping
except for walks and driveways bisecting the required landscape
area.
(c) The property owner, lessee or occupant shall
provide hose bibs and maintenance facilities in the vicinity of
the landscaped areas.
3.04 Signs
(a) No billboard or advertising sign shall be permitted,
other than the following:
(1) Those identifying the name, business and
products of the person or firm occupying the premises, and
(2) Those offering the premises for sale or
lease when specifically approved by Developer in writing.
(b) Signs shall conform to setback lines unless
specific approval to the contrary is granted by Developer in
writing.
N.
(c) Signs and identification on buildings or building
sites shall only be of such size, design and color as is specifically
approved by the Developer in writing. The Developer shall, at the
Owner's request, provide sign criteria used by the Developer in
determining whether to grant sign approval or not.
3.05 Parking Areas
(a) General Adequate off-street parking shall be
provided to accommodate all parking needs for employees, visitors
and company vehicles on the site. If parking requirements increase
as a result of a change in use or number of employees, additional
off-street parking shall be provided to satisfy the intent of
this section.
(b) Parking shall not be permitted:
(1) Between public street pavement and property
line.
(2) Closer than twenty-five (25) feet to a
street property line.
(3) On any public streets and roadways.
(c) The parking requirements may be modified by the
Developer as to any particular site as a precondition to plan
approval.
3.06 Storage and Loading Areas
(a) No materials, supplies or equipment, including
company owned or operated trucks, shall be stored in any area
7
on a site except inside a closed building, or behind a visual
barrier screening such areas from the view of adjoining properties
and/or a public street.
(b) Loading areas shall not encroach into setback
areas unless specifically approved by Developer in writing.
(c) Loading docks shall be set back and screened to
minimize the effect from the street. Docks shall not be closer
than seventy (70) feet to the street property line, unless
specifically approved by Developer in writing. Loading will be
permitted to the rear of the setback line from that portion of
a structure not fronting a street.
SECTION IV. TERM; ASSOCIATION; AMENDMENT
4.01 Term
The covenants and declarations of this Declaration shall
run with and bind the'land described in Exhibit A for a term of
thirty (30) years from the date this Declaration is recorded
in the Office of the Carver County Recorder, after which time
they may be extended for successive periods of ten (10) years
upon the affirmative majority vote of the members of the
association referred to in Section 4.02 hereof.
4.02 Owners` Association
Chanhassen Lakes Business Park, Ltd. shall have the right
to create a non-profit association in which all owners of each
site (as defined hereinafter) are entitled to be members. There
shall be no other qualification for membership and no costs in
• \1
connection therewith. The owner (or owners) of each site shall have
one vote in such association, and membership therein shall be
appurtenant to, and shall not be separated from the ownership of
any platted lot. "Site" for the purposes of this Declaration
shall be defined as any parcel of land conveyed by the Developer
herein to any one grantee for use as a building parcel, whether
a single platted lot or more.
4.03 Transfer of Rights
Chanhassen Lakes Business Park, Ltd. shall have the right
to assign all of its rights hereunder to any such association
referred to in Section 4.02 hereof or to any successor developing
all of the then unsold lots in the plat described in Exhibit A.
4.04 Amendment
This Declaration may be amended by an instrument signed by
seventy-five percent of the members of the Association referred
to in Section 4.02 hereof. Any amendment so made shall be
effective upon the recording thereof.
SECTION V. ENFORCEMENT
5.01 Abatement and Suit
The standards set forth herein shall be enforceable by the
Developer, its successors and assigns, for the maximum period
allowed by law and shall be enforceable by the Developer, its
successors and assigns, by (i) injunctive relief, prohibitive
or mandatory, to prevent the breach of or to enforce the perform-
ance or observance of these standards, or by (ii) a money judgment
E
for damages by reason of a breach of these standards, or (iii) both
(i) and (ii).
5.02 Failure to Enforce
The failure of the Developer, its successors or assigns,
to enforce any provisions of the standards contained herein upon
the violation thereof shall in no event be deemed to be a waiver
of the rights to do so as to any subsequent violation.
5.03 Severability
Invalidation of any of the provisions of these standards,
whether by court order or otherwise, shall in no way affect any
of the other provisions which shall remain in full force and
effect.
5.04 Attorney's Fees
In any legal or equitable proceeding for the enforcement
or to restrain the violation of this Declaration or any provision
hereof, the losing party or parties shall pay the attorney's fees
of the prevailing party or parties, in such amount as may be fixed
by the Court in such proceedings. All remedies provided herein
or at law or in equity shall be cumulative and not exclusive.
5.05 Mortgagee's Rights
No violation of any of these Declarations shall defeat or
render invalid the lien of any mortgage made in good faith and
for value upon any site; provided, however, that any mortgagee
in actual possession, or any purchaser at any mortgagees' or
10
foreclosure sale shall be bound by and subject to these Declarations
as fully as any other owner of any site subject hereto.
IN TESTIMONY WHEREOF, Chanhassen Lakes Business Park, Ltd.,
and Emmer Brothers Co. has caused these presents to be executed
this day of , 1979.
Chanhassen Lakes Business Park, Ltd.
a Minnesota limited partnership,
By: Dunn & Curry Real Estate
Management, Inc., its
General Partner
its
its
and
11
Ids
DL74%RTMENT OF THE AR1_
ST. PAUL DISTRICT. CORPS OF ENGINEERS
1135 U. S. POST OFFICE & CUSTOM HOUSE
ST. PAUL. MINNESOTA 55101
REPLY TO
ATTENTION OF:
NCSCO-GR(79-NO868-31)
Mr. Robert Waibel
City Planner
City of Chanhassen
PO Box 147
Chanhassen, Minnesota 55317
Dear Mr. Waibel:
21 June 1979
RE. Utility Line Crossings, Riley
Creek, NW-4 of NE 4 of sec. 14,
T. 116 N., R. 23 W., Carver
County, Minnesota
We have reviewed the information provided us concerning the above
referenced project. The work you propose at the location stated above
is authorized by an existing nationwide Department of the Army permit,
provided the work is accomplished in compliance with the inclosed
conditions and management practices.
This letter of confirmation is valid only for the project referenced
above. Therefore, if any change in design, location, or purpose is
contemplated, contact this office at 612-725-7558, to avoid accomplish-
ment of work which may be in violation of Federal law.
It is your responsibility to insure that the work complies with the
inclosed conditions. You must also obtain any required State, local
or other authorization if you have not already done so.
If you have any questions, please call Bob Gerber at 725-7713.
S'ncere y, 1-4
2 Incl WILLIAM !Y'S
As stated Chief, General Regulat ry Bran
Construction -Operations Division
Determination:
323.4-3(a)(1) ,NZi4►
�`L p
JUM1979
cry
NED
}
Map Number: RECEO
VILLAGE OF yq
None c0 CHANHASSEN, Ct)+
MINN. C��
CONDITIONS AND MANAGEMENT PRACTICES OF NATIONWIDE PERMITS
TO MINIMIZE THE ADVERSE EFFECTS OF THE DISCHARGE OF
DREDGED OR FILL MATERIAL ON THE AQUATIC ENVIRONMENT
CONDITIONS:
(1) That the discharge will not destroy a threatened or endangered
species as identified under the Endangered Species Act, or endanger the
critical habitat of such species;
(2) That the discharge will consist of suitable material free from
toxic pollutants in other than trace quantities;
(3) That the fill created by the discharge will be properly main-
tained to prevent erosion and other non -point sources of pollution;
(4) That the discharge will not occur in a component of the National
Wild and Scenic Rivers System or in a component of a State wild and scenic
river system;
MANAGEMENT PRACTICES:
(1) Discharges of dredged or fill material into waters of the United
States should be avoided or minimized through the use of other practical
alternatives;
(2) Discharges in spawning areas during spawning seasons should be
avoided;
(3) Discharges should not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of
the fill is to impound waters);
(4) If the discharge creates an impoundment water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow, should be minimized;
(5) Discharges in wetlands areas should be avoided;
(6) Heavy equipment working in wetlands should be placed on mats;
(7) Discharges into breeding and nesting areas for migratory water-
fowl should be avoided; and
(8) All temporary fills should be removed in their entirety.
Incl 1
-IN N
This determination is in accordance with CFR Title 33,
323.4-2(a)(1) which authorizes discharges into nontidal rivers, streams,
and their impoundments including adjacent wetlands that are located above
the headwaters.
1 323.4-2(a)(2) which authorizes discharges into natural lakes, including
their adjacent wetlands, that are less than 10 acres in surface area and
that are fed or drained by a river or stream above the headwaters. In
the absence of adjacent wetlands, the surface area of a lake shall be
determined at the ordinary high watermark.
323.4-2(a)(3) which authorizes discharges into natural lakes, including
their adjacent wetlands, that are less than 10 acres in surface area
and that are isolated and no part of a surface river or stream. In the
absence of adjacent wetlands, the surface area of a lake shall be deter-
mined at the ordinary high watermark.
❑323.4-2(a)(4) which authorizes discharges into nontidal waters of the
United States, including wetlands, other than isolated lakes larger than
10 acres that are not part of a surface tributary system to interstate
waters or navigable waters of the United States.
323.4-3(a)(1) which authorizes dredged or fill material placed as backfill
or bedding for utility line crossings provided there is no change in
preconstruction bottom contours (excess materials must be removed to an
upland disposal area). A "utility line" is defined as any pipe or pipeline
for the transportation of any gaseous, liquid, liquifiable, or slurry
substance, for any purpose, and any cable, line, or wire for the trans-
mission for any purpose of electrical energy, telephone and telegraph
message, and radio and television communication. However, discharges
which will occur in the proximity of a public water supply intake or in
areas of concentrated shellfish production; and discharges which will
disrupt the movement of aquatic life which exists in the waterbody are nou
authorized by this nationwide permit.
❑323.4-3(a)(2) which authorizes material discharged for bank stabilization,
provided that the bank stabilization activity is less than 500 feet in
length, is necessary for erosion prevention, and is limited to less than
an average of one cubic yard per running foot along the bank, provided
further that no material for bank stabilization is placed in any wetland
area, and provided further that no material is placed in any locality
or in any manner so as to impair surface water flow into or out of any
wetland area. However, discharges which will occur in the proximity
of a public water supply intake or in areas of concentrated shellfish
production; and discharges which will disrupt the movement of aquatic
life which exists in the waterbody are not authorized by this nationwide
permit.
Incl 2
)SPECIAL PROVISIONS r) 2/ 7/79
l.) The applicant and/or property owner shall maintain the access from
th.e shoulder or curb and gutter of the roadway to his property line.
2.) The permit states whether the State or the applicant shall furnish a
culvert, and also the diameter and length of culvert.require d. The
culvert shall be properly centered at the location of the approved
access and placed in the center of the ditch bottom with aprons attached,
if required. The culvert shall have a minimum o_f_two _(2)_inches fall_
for drainage. After the culvert has been properly placed, sand and
gravel material, free from large rocks and boulders, shall be placed
over the culvert. Road accesses shall drain away from the highway
shoulder for a minimum distance of twenty-five (25) feet with a fall
of six (6) inches. All other accesses shall drain away from. the high-
way shoulder for a minimum distance of fifteen (15) feet with a fall
of six (6) inches.
3.) Unless otherwise stated on the permit application or plans, the access
shall be surfaced with a minimum of two (2) inches of 3/4 inch crushed
or screened gravel, spread evenly over the entire surface of the access
after which it shall be compacted.
4.) Side slopes of all accesses shall be 4:1 (4 feet horizontal to 1 foot
verticle) unless otherwise. stated on the permit application or plans.
A minimum of three (3) inches of topsoil shall be placed uniformly over
both side slopes and other disturbed areas, for the full width of the
State's Right -of -Way and seeded or sodded according to Number 5.
5.) Right -of -Way Restoration. 1
Disturbed grass areas shall be restored as follows:
A. A minimum of three (3) inches of topsoil shall be uniformly spread
over disturbed areas and properly compacted.
B. Between April 1 - June 10 and July 20 - September 15, the applicant
may use a seed mixture as described below to establish turf on
disturbed areas.
F-ORMULA NO.1 STANDARD MIXTURE FOR NORMAL SOILS, MOWED OR UNM OWED AREAS:
(50 LBS/ACRE)
SPECIE
% IN MIXTURE
------------
PURITY
------
GERMINATION
-----------
------
Park Kentucky Bluegrass
30%
95%
82%
Creeping Red Fescue
20%
97%
80%
Smooth Bromegrass
20%
90%
85%
Red Top
8%
92%
87%
Perennial Ryegrass
16%
99%
92%
Dutch White Clover
6%
99%
92%
FORMULA NO. 2 FOR SANDY SOILS, MAINLY UNMOWED AREAS, BUT CAN BE MOWED:
(45 LBS/ACRE)
SPECIE
Perennial Ryegrass
Park Kentucky Bluegrass
Smooth Bromegrass
Timothy
Sand Dropseed
Birdsfoot Trefoil, Empire
% IN MIXTURE
Y
PURITY
GERMINATION
—92%
13.3%----
99%--
—
33.4%
95%
82%
22.2%
90%
85%
11.1%
99%
90%
13.3%
98%
88%
6.7%
97%
85%
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ASS'i. CJMMISSIOND''
ESFARC}i AND $TANlDAf;}15
STATE OF MINNESOIA
DEPARTMENT OF HIGHWAYS
S` ANDArRD SIGN DRAWING
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DATE OF -- SIGN!
RE11. CUMBER
_9 R1--1
RUSSELL H. LARSON
CRAIG M. MERTY
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
June 7, 1979
TELEPHONE
(612) 335-0565
Mr. Ed Dunn
Dunn & Curry Real Estate Management, Inc..``'
4940 Viking Drive
Edina, MN 55435..E46
Mr. Rod Hardy -
Dunn & Curry Real Estate Management, Inc., ,
4940 (liking Drive
Edina, Mn 55435 �J
J I �
Julius Smith, Esq.
Attorney at Law C;
100 Yorktown Office Court
7101 York Avenue South �-
Minneapolis, MN 55435
Mr. Ray Jackson 7
Schoell & Madson, Inc.
50 Ninth Avenue Southl
Hopkins, riN 55343 r'
Re: Chanhassen Lakes Business Par
Gentlemen: ,y�,,P :S"
i 1 A C
Please note the attached received by the City on this date. At a
meeting this morning, Messrs. Dunn, Hardy, and Ashworth and myself
agreed that an early response should be made to the Corps of
Engineers concerning the above project, and it would seem that since
the communication is addressed to the City, that this task should be
undertaken by its staff. Prior to preparation of the reply, we
should have input from all of you as to the problem presented by the
letter and the matter of the reply to be made.
Very truly yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
Encl . 67 8 g���j \
cc: Donald W . Ashworth
JUN 1979
M RECEIVED
Vn-�4Ge or
CHAN1q END
r� • ��++ MINN. f
CERTIFIED MAIL -RETURN - ,2EIPT REQUESTED
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT. CORPS OF ENGINEERS
113S U. S. POST OFFICE & CUSTOM HOUSE
ST. PAUL. MINNESOTA 55101
�,b6 REPLY TO �►89,p
ATTENTION OF:
9 `J�
NCSCO-GR(SF79-287-31) JUy 197�' 6 June 1979
RECEIVED
vnr aae 0%
City of Chanhassen c' CNAaM I RE: Proposed utilities for
C/o Mr. Robert Waibel '9 business park
City Planner s��l0 NW $ NE Sec. 14,
PO Box 147 T'116 N, R 23 W.
Chanhassen, Minnesota 55317 Riley Creek $ Lake Susan
Carver Co., Minn.
An agency that has jurisdiction over activities involving public or
navigable waters, including wetlands and marshlands, has notified us
of your application for a permit to perform work in those waters.
It appears that the proposed work will require a Department of the Army
permit. We are inclosing two pamphlets which include:
1) Necessary environmental data forms
2) Application form and sample drawings
You can help speed our processing of your application by filling out the
forms completely and specifically. Include several photos showing the
location of the proposed work.
We request that you complete and return these forms as soon as possible,
whether or not you have other required permits. Because our permit
processing for most projects requires 90 to 120 days, you should submit
your application at least four months before the date you expect to begin
work. This length of time is required largely because we must obtain
recommendations from several State and Federal agencies.
Please note that to proceed with your project without a Department of
the Army permit would be in violation of Federal law. If you cannot com-
plete and return the inclosed forms within 30 days, or if you have any
questions, contact the General Regulatory Branch of the St. Paul District,
Corps of Engineers, (612) 725-7558.
Sincerely,
oe
3 Incl WILLIAM D. PARSONS
1. Data booklet Chief, General Regulatory Branch
2. Pamphlet EP1145-2-1 Construction -Operations Division
3. FWS pamphlet
(612) 827-5893
Land Planning O o O O o
Environmental Planning
Urban Design
Landscape Architecture
Graphic Design
June 6, 1979
Mr. Bob Waibel, Assistant Manager/Planner
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
Dear Bob:
As I mentioned to you on our phone conversation, I would like to submit
at this time to the City of Chanhassen, a map showing the location of
the various signs of the Chanhassen Lakes Business Park. I am also
submitting elevations of the various signs along with dimensions.
I believe the present sign ordinance cannot satisfactorily provide
for the signage system of a project of this scale. Therefore, certain
variances will have to be worked out. What I am looking for is a
permit covering the entire package. If you need more information,
please let me know. Is this letter enough or do I have to fill out
a form?
Thank you for your assistance in this matter.
Sincerel ,
Stelios Aslanidis
Urbanscope, Inc.
Enclosures
SA/bb
®�9 �J 111�y3
Jli!V 1979
2614 Nicollet Avenue/ Minneapolis, Minnesota 55408
..... .......... - - -
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
A, DEPARTMENT OF THE ARMY //
(/
ST. PAUL
j 1135
x
DISTRICT. CORPS OF ENGINEERS
U. S. POST OFFICE & CUSTOM HOUSE
ST. PAUL. MINNESOTA 55101
REPLY TO
�J p
ATTENTION OF;
NCSCO-GR (SF79-287-31)
,U979
o
6 June 1979
RECEIVED
c VAi-AC#L, Ord �.
City of Chanhassen
r ICHA RE:
Proposed utilities for
C/o Mr. Robert Waibel
City Planner
`319
�-
business park
NW & NE Sec. 14,
PO Box 147
T.116 N, R 23 W.
Chanhassen, Minnesota
55317
Riley Creek & Lake Susan
Carver Co., Minn.
An agency that has jurisdiction over activities involving public or
_ navigable waters, including wetlands and marshlands, has notified us
of your application for a permit to perform work in those waters.
It appears that the proposed work will require a Department of the Army
permit. We are inclosing two pamphlets which include:
1) Necessary environmental data forms
2) Application form and sample drawings
You can help speed our processing of your application by filling out the
forms completely and specifically. Include several photos showing the
location of the proposed work.
We request that you complete and return these forms as soon as possible,
whether or not you have other required permits. Because our permit
processing for most projects requires 90 to 120 days, you should submit
your application at least four months before the date you expect to begin
work. This length of time is required largely because we must obtain
recommendations from several State and Federal agencies.
Please note that to proceed with your project without a Department of
the Army permit+ would be in violation of Federal law. If you cannot Com-
plete and return the inclosed forms within 30 days, or if you have any
questions, contact the General Regulatory Branch of the St. Paul District,
Corps of Engineers, (612) 725-7558.
Sincerely,
3 Incl WILLIAM D. PARSONS
1. Data booklet Chief, General Regulatory Branch
2. Pamphlet EP1145-2-1 Construction -Operations Division
3. FWS pamphlet
(612)827-5893
Land Planning r=
Environmental Planning
Urban Design
Graphic Design
January 23, 1977
CHANHASSEN LAKES BUSINESS PARK
Acrea4e Breakdown
W
rn
3
O
U
�
O
N
S-
N
O
E
Z
-a
+J
C
C
cn
U
N
rt
O
+3
N
S-
CL
m
Z
d
a-3
N
N
S.-
N
3
O
O
W
O
4-3
L
(N
3
O
O
O
Phase I
8
12.2ac.
-
4.8ac.
7.8ac.
-
e/26.9ac.
9
23.5
-
-
-
-
f/ 1.Oac.
10
10.9
-
-
-
-
9/ 0.8ac.
11
27.9
-
-
-
-
12
6.6
-
-
-
-
81.1ac.
-
4.8ac.
7.8ac.
-
93.7ac.
28.7ac.
Phase II
1
37.3ac.
1.97
2.9ac.
6.4ac.
-
a/ 2.9ac.
2
23.5ac.
-
-
-
-
b/ 3.2ac.
3
11.8ac.
-
-
-
-
c/ 2.5ac.
4
29.2ac.
-
-
-
-
101.8ac.
1.97
2.9ac.
6.4ac.
-
i
113.07ac.
8.6ac.
Phase III
5
34.6ac.
.38
3.Oac.
3.7ac.
5.5ac.
d/ 7.7ac.
6
6.7ac.
-
-
-
-
7
15.9ac.r
-
-
-
-
57.2ac.
.38
3.Oac.
3.7ac.
5.5ac.
69.78ac.
7.7ac.
T O T A L
240.1ac.
2.35ac.10.7ac.
17.9ac.
5.5ac.�276.55ac.
45.Oac.
2614 Nicollet Avenue` Minneapolis. Minnesota 55408
DUNKLEY AND BENNETT
LAW OFFICES
1750 FIRST BANK PLACE EAST
PILLSBURY CENTER
200 SOUTH SIXTH STREET
j� �err�ti r
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE: (612) 339-1290
(�
`_4
WI!
JAY L. BENNETT
WILLIAM M. DUNKLEY May 29, 1981
THOMAS D. CREIGHTON
Mr. Don Ashworth
City Manager
690 Coulter Drive
Chanhassen, MN 55317
Re: Chanhassen Lakes Business Park
Special Assessment Credits
Dear Mr. Ashworth:
Subsequent to our telephone conversation this morning
in which you advised me that the 7% credit to which
Fluoroware is entitled remains, minimally, three months
away, it has been decided to submit payment on Lots 8 and
9, Block 5, Chanhassen Lakes Business Park in an amount
which excludes payment for special assessments. The
amount billed for special assessments has been escrowed
with the mortgagee, American Family Mutual Insurance
Company, which has agreed to hold these amounts pending
confirmation of Fluoroware's entitlement to the credit which
we have discussed on repeated occasions.
Very truly yo s,
Ja L. nn tt
JLB/dlc
cc: Jim Behrens
CITY'OF
CHANHASSE2911
7610 LAREDO DRIVE • P.O. BOX 147 i CHANHASSEN, MINNESOTA 55317
(612) 937-1900
February 18, 1981
Dunn and Curry, Inc.
Attn: Mr. Ed Dunn
4940 Viking Drive
Suite 608
Minneapolis, MN 55435
Dear Mr. Dunn:
I am in receipt of your letter of February_13, 1981, regarding
potential reduction in the letter of"credit regarding assessments
placed as a part of the North Lake Susan Public Improvement Project.
I am also in receipt of enclosures regarding specific wordage
from the development contract:
This office takes a simplistic approach in reviewing letter of credit
requirements, i.e. if the total principal and interest payments
to be made over the first five years of -assessment, minus payments
received for that same time period, are less than the letter of credit,
a reduction can be considered. Based on initial review by myself
and Jean Meuwissen,.rIo excess monies are available for a potential
reduction.
If you believe -the numbers reviewed by Jean and I are incorrect,
please notify me of your computations. If you disagree with the
approach taken by this office in determining whether a reduction
should be considered, such should be noted so that the City Attorney's
office can clarify the specific basis upon which these reviews are
to be calculated.
Should you have any questions, please feel free to contact me.
Sincerely,
�CL,
Don Ashworth
City Manager
cc: Jean Meuwissen, Sr. Account Clerk
Asst. City Attorney, Craig Mertz
IN
Dunn & Curry
Real Estate Management Inc.
4940 Viking Drive
Pentagon Office Park
Minneapolis, MN 55435
(612) 835-2808
February 13, 1981
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Attention: Don Ashworth
Re: Agreement 28th day of February, 1979, between the
City of Chanhassen and Chanhassen Lakes Business
Park, Ltd.
Hello Don:
In request to my inquiry of Jean regarding the reduction
in the letter of credit relative to our guarantee of the
assessments in Chanhassen Lakes Business Park, she res-
ponded that you had advised her that no credit was in
order. I am enclosing copies of pages 13 and 14 of our
guarantee agreement for your reference. It would seem an
appropriate reduction is in order if I understand this
correctly.
Please check this and advise.
Cor all ,
E all
ED : sr
Enc . ,�' FEB 1981
o RECEIVED
rn W.LAGE
CHA,NNASSM,
CONo ' �utEPtN.
f in the next succeeding year. (The purpose of this paragraph is to
insure that, because of the application of credits as herein pro-
vided in this agreement, the City is never placed in the position. of
not having sufficient funds in its annual current sewer operating
fund to pay current operating expenses of, and MWCC charges to, the
City's sewer system. This situation can arise because MWCC charges
are estimated for the year,' and actual charges to the City, when com-
puted for the period by MWCC, may be greater than the estimate, and
the City may then require additional time to make up the shortfall
through increased sewer user charges or other sources as the City
may determine.) It is further understood, however, that any credits
so carried over may not be carried over for a second year period, but
shall be applied in the second. ensuing year.
7. Guarantees. Before construction contracts for trunk sewer
improvement and other municipal -improvements to the land as described
in Exhibit "A" are executed by the City,Partners shall. deposit. with
the City an irrevocable letter of credit approved by the City, payable
to t=e City, from a banking institution acceptable to the City, in an
amour=t equal to the first five level annual assessment installments
of principal. and interest, as estimated by the City, to be levied for
the :sunk sewer improvement and other municipal improvements to be con-
strt:ted by the City in and across the project area as defined in. Exhibit
"D" _nd/or "D-1" attached hereto. The amount of the letter of credit
sha?:- be reduced each year,. or oftener as may be mutually agreeable
to =_a parties -hereto, by an amount equal to total of the following:
a_ The amount of assessments (both principal and interest)
ac y paid by properties other than those owned by Partners and over
-13-
which assessments were originally levied as ;_ •-t of the North Lake
Susan Hills Improvement Project 78-3 area, as determined by the City,
at the assessment hearing for such improvement project; and
b. The amount of assessments(both principal and interest) on
ises described in Exhibit "D" and/or
any tract of land within the prem.
"D-l" upon the following_
i. Payment of any or all of the first five annual install-
ments on any such tract of land; and/or
ii. Receipt by the City of a letter of credit or other
security acceptable to the City, guaranteeing payment of
assessments for.land described in Exhibit "D" and/or ".D-1"
but now owned by Partners; and
C. In the event of lease or acquisition of the trunk sewer im
provement, the amount of the first five annual assessment installments
relating to said.trunk sewer improvement which have not as yet been pa
In any event, said letter of credit shall terminate and be o
no further force and effect at such time as the first five annual in-
stallments for trunk sewer improvement and other municipal improvement
duly levied against the land described in Exhibit "D" and/or "D-l" ar
paid. In the event the City, at its -sole option, grants the deferment
of assessments on land not owned by Partners, Partners' guarantee
shall terminate as to such deferred assessments which extend beyond 19
8. Term._ This agreement shall remain in effect until December
31, 2010, and shall survive the date of final payment of all assess-
ments for municipal improvements herein contemplated for the land
�1
described in Exhibit "A
i
shall have the right and privilege o
9_ Ass.ignment. Partners
assigning this agreement, or any credits provided for herein, to any
third person. In such event, Partners shall give written notice to
-14-