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77-04 - Kellynne PUD pt 1i� CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. ;BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 5, 1988 Lyn Hall 3980 Hawthorne Circle Excelsior, MN 55331 Dear Mr. Hall: As you are aware, there have been complaints about the mooring of your boat located on Outlot A at the end of Hawthorne Circle. As I stated to you over the phone, the City does have control of the docking of boats and -activities occurring on recreational beach - lots but does not have regulations on the mooring of boats within a lake. Upon site visit it was confirmed that your boat is moored in the lake but is anchored on Outlot A. Therefore it can be defined as being docked on the land and can be enforced by the recreational beachlot ordinance. The recreational beachlot ordi- nance would not permit the docking of a boat on Outlot A, there- fore, for the the boat to remain, the anchor must be removed from Outlot A. If the boat remains anchored to Outlot A, the City will have the authority to require the boat to be removed. Should you have any questions, please feel free to call me. Sincerely, Jo Ann Olsen Assistant City Planner JO:ktm CITY OF CHANHASSEN 690 COULTER DRIVE & P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 18, 1988 Mr. Lyn Hall 3980 Hawthorne Excelsior, MN 55331 Dear Mr. Hall: This -is to confirm that the City -°will permit you to moor your boat in front of your lakeshore property on Lake Minnewashta. The current Zoning Ordinance permits you to do this. As you are aware, the city is reviewing an amendment to the Water Surface Usage Ordinance which would limit who could moor boats on the lakes within Chanhassen. The current amendment would prohi- bit you to moor your boat in front of your property since it does not contain a single family residence. The Park and Recreation Commission is reviewing this ordinance amendment and will be bringing the item back in -front of the City Council for final action. Until the ordinance is amended and officially adopted by the City Council, you have the right to moor your boat in front of your property. Should you have any questions, please feel free to contact me. Sincerely, r, (2," 6" Jo "Ann Olsen Assistant City Planner JO CITY OF CHANHASSEN. 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317' (612) 937-1900 August 27, 1985 Mr. Cliff Bohlman 3980 Hawthorne Chanhassen, MN 55317 Dear Mr. Bohlman: It is our understanding that you own the property known as Outlot A of the Kellynne Subdivision (Attachment #1). According to our Zoning Ordinance, this lot is a non -conforming lot, and there- fore, cannot have any structures on it without substantial variances. Your question, as I recall, was if you could store your pontoon boat on the outlot. Upon reviewing our Water Surface Usage Ordinance, Shoreland Management Ordinance, Beachlot Ordinance and Zoning Ordinance, there is no clear statement -preventing you to do so. If the matter was pursued in court, I believe it would be difficult for the city to prove a violation. The covenants for Kellynne stated that Lots 1 and 2, Block 1, and Lot 1, Block 2 of the Kellynne Subdivision have perpetual ease- ment over and across Outlot A (Attachment #2). Whether this still holds true after a change in ownership is a matter for your attorney to pursue. Should you have any questions, please feel free to call me. Barbara Dacy City Planner BD:v Enclosures CITY OF �� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 15, 1983 Mr. Louis B. Oberhauser Grathwol, Oberhauser & Randall, Ltd. 1421 E. Wayzata Blvd. Suite 210 Wayzata, MN 55391 Dear Mr. Oberhauser: Since you were Mr. McCleary's representative during the Kellynne Addition assessment review last June, I am addressing this question to you. As a part of the Council review, it was stated that Mr. McCleary intended to pay off the assessments in question. I had assumed this meant that Mr. McCleary would pay off the remaining balances and reimburse Mr. Bohlmann for the 1982 installment he paid with his tax statement. As I recently discovered,- this latter part was never done. As I interpret the Council action of June 7, 1982, they deter- mined past action to be incorrect in that the interior lots should never have been assessed. Therefore, unless Mr. McCleary reimburses Mr. Bohlman's $416.58 payment for 1982, the City will be forced to make the reimbursement and levy a single year assessment on the lakeshore lots to recover the costs. I am hoping to avoid this process and am inquiring as to whether Mr. McCleary intends to reimburse Mr. Bohlmann for his 1982 payment. Please be aware that the City wishes to close the book on this matter as much as every other participant, and should you have any questions, please let me know. Sincerely, William Monk City Engineer bcc: Mr. Cliff Bohlmann, 4455 Cedar Lake Road, Minneapolis 55416 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bill Monk, City Engineer DATE: April 28, 1982 SUBJ: Kellynne Addition Assessments When the NSA project was originally assessed, the Kellynne Addition existed as one large unplatted lot. For that reason the parcel received one lateral and trunk unit assessment for the existing house located on the N.E. corner (Lot 3, Block 1) of the property. When the parcel was platted in 1978, three additional lateral sewer units and six trunk units were to be assessed since four lots (along the lake) would have sewer availability with only one already having been assessed. The problem arises with the placement of the three lateral unit assessments. They were levied against Lots 1 and 2 of Blockl.l and Lot 1 of Block 2 when Lot 4 of Block 1 and Lots 2 and 3 of Block 2 actually benefit from sewer availability. The potential sale of lots in this subdivision has recently focused attention to this situation and precipitated the need for its correction. For that reason I recommend the Council approve a resolution ordering a public hearing for June 7 to review this matter with affected parties. a/% yt •`' � 'd1H�dM�NNIW f o/4so...auuW zyo7 /o �u./»oyr-l - ` �3�tlOS �0 3N1l J 3, Ob,vZo6BN o )3•� z Zo68N ZgSt£ N -� s b2,. �. 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O£•Bfos p J LY_ •a NOI 6N'Ol1B O'OSo b/;p / v 1d3�X3— �fU7runU0{t/+5uo ' 4/",V 911 vycuwrol d 4'f5 1 s-N F2 �6uoy I �^ \ivd MdSB f �sS ' 6 1°7 lln—,nog Yo su./ fSiM - '4/�oN Council Meeting May 3. "�82 -5- -77-1 1 oD ICt ouncilman Horn moved to place on first reading an ,amendment to the Sign Ordinance: Change_to Section 2(f) to delete the words "to public facilities or functions". Allow one directional sign up to four square feet in display area per property access drive with a minimum setback of five feet and a maximum height of four feet. Motion seconded by Councilman Geving. The following voted in favor:. Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. FRONT AND SIDE YARD VARIANCE REQUEST, 6677 HORSESHOE CURVE: Terry R')sen was present requesting a 25 foot front yard and seven foot side yard setback variance to construct a garage. The Board of Adjustments and Appeals recommended approval subject to the following conditions: 1. That the area upon which the garage is proposed to be built be raised so as to direct storm water run off to the street. 2. That rain troughs be installed to direct storm water run off from the roof of the proposed garage, and; 3. That the existing garage on the property be torn down. Councilman Horn moved to grant a 25 foot front yard variance and seven foot side yard setback variance as delineated in the staff and Board of Adjustments and Appeals report. Motion seconded by Counc-ilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. SITE PLAN AMENDMENT, UNITED MAILING: The City Planner reported that United Mailina is intending to construct their building in one phase instead of two as approved and increase the number of parking spaces by 83. An additional loading dock is planned for the east side of the building on the second level. A landscape plan was submitted that shows how the loading dock area will be screened. Staff felt the loading dock will be adequately screened from. view alona. Powers Blvd. Councilman Horn moved to approve the site plan amendment as presented. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. SPECIAL ASSESSMENTS, KELLYNNE ADDITION: RESOLUTION #82-23: Councilman Horn moved the adoption of a resolution to hold a public hearing on June 7, 1982, to consider levying assessments "in Kellynne Addition. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. REFINANCE BONDS OF 1982: RESOLUTION #82-24: Councilman Geving moved the adoption of a resolution Providing for the Issuance and Sale of $3,955,000 General Obligation Improvement Bonds of 1982. Resolution seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Street Vacation, Rogers Property, Lake Riley Blvd. June 7, 1982. c. Resolution to increase fees for non -return of self -read cards. RESOLUTION #82-25. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. r y 0 AILS pq 7610 LAF3EDO DF?IVE • NSA 5 * P'0- E3?X 147 0 CNHAS,,EtV, MEMORANDUM (612) 937-1900HAMlNIVESOT 5531 DATE: November 63- 19 TO: 80 City Tre, Surer 11 FROM: Land Use coordKay K7ingelhut_7 SUBJ: inator, Bob Walbel Ke7lYn Dev 01OPMent Esc rOw Account Lynn Patt at en has the sub. indi Ject devel cated that all bills are . Mr. c In. you OPment.and that work has been Cleary and .close OaremIt, the .6, u re all balance toadson BW:nr the at - all Schoell and M d COMPlete 'Q nt. A CITY Os 2 A X 7610 LAREDO DRIVE*P.O. BOX 147®CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Treasurer, Kay Klingelhutz FROM: Land Use Coordinator, Bob Waibel DATE: October 14, 1980 SUBJ: Kellyne Addition PLANNING CASE: P-464 As of inspection of the subject development today, the following adjustments should be made to the escrow account: 1. Transfer $1,750.00,-�'from the account to the appropriate fund for estimated costs incurred for repair of lift station No. 6. , Gov.vo 2. Remit remaining�'balance to:Mr. McCleary with the exception -of $600.00. After correction of"the drainage problem in the southwest corner of the cul-de-sac and receipt of final billing from Schoell and Madson, you..will.be instructed. on the final settlement of this balan.ce and the account. BW:nr'�� cc: Don Ashworth Jim McCleary 4�� z +'7"J, a; �.�., 'tom .gr-+ r...�vssr- -a'm gsa�r ..-�.-"sus-n o — �;�$g1L i1�2y3� -'� SEP 1980 ), s� REd' ItI VF.D . � lHAB�E� O 9/-/, �"lk ol I lolez 0', August 20, 1980 Widmer Brothers Attn: Mr. Fritz P.O. Box 218 Spring Park, MN Dear Mr. Widmer: 7610 LAREDO DREVEOP.O. BOX 147ECHANHASSEN, MINNE=SOIA 55317 (612) 474-8885 Widmer 55384 I am in receipt of your letter of August 6, 1980, regarding itemiza- tion of the costs chargable to your'as a result of damage occurring to a lift station on County 15.within the City of Chanhassen. The City of Chanhassen has a development contract with Mr. James McCleary to complete improvements within his subidivision in accordance with City specif ications. Asa result. of completing work within that subdivision, in accordance with the development contract:, the City incurred the following expenses as a result: of excessive gravel infiltrating the municipal system from the McCleary subdivision: 2 Pump Volutes (000 each) $ 600.00 4 Flours - VacAll 400.00 Total gJ.,000.00 Again, the City_pf Chanhassen. has contractual _docaunents with Mr. McCleary and, -,no-t necessarily, agents hired by him.."' . `tie City does not wish to intercede in these types of clai.m.s, however, City personnel have noted that'iyour firm was the only firm wrk.i.ng at the McCleary subdivision site, on the date of the inf iltrati.on. Should you have any questions, please feel free to contact me. Sincer , Don Ashworth City Manager DA:k C2a ��E;e 51 CITY JF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: July 31, 1980 TO: Land Use Coordinator, Bob Waibel FROM: Jerry Schlenk SUBJ: Kellynne Addition I inspected the rip -rap at both the inlet and outlet of the storm sewer pipe within Kellynne Addition since we have had a rain, and found that it is not doing the job that it was intended to do. Please notify the developer that this work will have to be redone. If they have any questions, tell them to get in touch with me. cc: Don Ashworth CITY'OF 7610 LAREDO DRIVE*P.O. BOX 1474tCHANHASSEN, MINNESOiA 55317 (612) 474-8885 July 31, 1980 Mr. James McCleary 4240 Ryland Lane Shoreview, MN 55112 Dear Mr. McCleary: I am in receipt of your letter of -;.July 28, 1980. Based on the information submitted to me by Bob Waibel, 1. am in agreement that the existing escrow balance, as `maintained by the City Treasurer, is Buff icient to pay costs associated with the development contract - for Kellynne Addition. This is not to say that.such escrow will pay all or a portion of the special sewer and water assessment notice recently received by yourself.. However, I am stating that the present letter of credit, expiring on august 1, 1980, may be allowed to expire without the City requesting that such be renewed or the City making claim against such. It is my understanding that the City's engineer, Jim Orr, will review the project again, including seeding, within the next 10 to 15 days; after which time a final determination. can be made as to whether the proposal, as presented in your letter of July 28th, is acceptable to the City. Sincerely, Don Ashworth City Manager DA:K cc: Schoell and Madson, Attn: Jim Orr Land Use Coordinator, Bob Waibel City Treasurer, Kay Klingelhutz CITY J F CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: July 30, 1980 TO: City Manager, Don Ashworth City Attorney, Russell Larson City Treasurer, Kay Klingelhutz FROM: Bob Waibel, Land Use Coordinator SUBJ: Kellynne Addition Performance Sureties PLANNING CASE: P-464 From recent discussions with Mr. James McCleary, Jerry Boucher, Jerry Schlenk, Jim Orr and Lynn Patton, I recommend that the following amounts be withheld from the escrow account on the subject addition for the following items: 1. Cleaning, Pump Parts and Overtime for repair of Lift Station 6 1,750.00 2. Seeding of disturbed areas 300.00 (Lynn Patton had recommended that since soil preparation was minimal, that half of the estimated cost should be retained). 3. Channeling and resetting of riprap in drainways 500.00 (A test conducted this morning by Jerry Schlenk showed that there was some channeling work needing to be done on the drainways). 4. Reserve for final billing from Schoell and Madson 400.00 As you know, the letter of credit for the subject addition expires on August 1, 1980. Additionally, there remains an escrow account balance of $4,545.51. In consideration of the above, I would recommend that the City Treasurer release $1,595.51 of the present balance and retain $2,950 for the above. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Land Use Coordinator, Bob Waibel FROM: Utility Superintendent, Jerry Boucher DATE: July 25, 1980 SUBJ: Lift Station 6 In November, 1979, we started to encounter problems with lift station #6 on Minnewashta Pkwy. such as stuck checkvalves and the pumps kicking out. About 2 to 3 months earlier, we had to replace the volute on one pump because it was pumping gravel and wore a hole in it. In December, the other pump quit completely and upon inspecting it, I found that it was completely submerged in crushed rock and jammed. The pump also had a hole wore in the volute and it had to be replaced. I then hired a sewer cleaning company to come out and clean the lift station with a vac -all machine. Prior to this, I walked the sewer line and checked the manholes and found that there were large amounts of crushed rock in the lines from where the new line from Kellynne Addition had been laid. I then cleaned the line the best I could. In June of 1980, we again acquired problems. This time it was some rock, but mostly sand and mud. At this same time, Lynn Patton from Schoell and Madson found a manhole in the Kellynne Addition with about one foot of crushed rock in it and I was told that just before that a manhole casing had been found to be off on the same line (Pictures of the manhole with rock in it are enclosed). I then hired the sewer cleaning outfit back in to vacuum out the lift station again. The approximate cost of the cleaning, pump parts and overtime comes to about $j750. This does not include regular working hours spent there. cc: City Manager, Don Ashworth IMMAR 0-1ANHASSEN CI ,COUNCIL MEETING JULY 21, 1980 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present; Councilmen Pearson, Neveaux, Geving, and Swenson. Bill Schoell, Craig M.Lertz, and Russell Larson were present. The meeting was opened with the Pledge to the Flag. 4 APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with the following additions: Discussion on Baltic's permit, Eide dredging, and. North Area Fire Station. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. MINUTES: Councilman Swenson moved to approve the June 30, 1980, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to approve the July 7, 1980, Council minutes.. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Neveaux moved to note the June 25, 1980, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Geving moved to note the June 5, 1980, Housing and Redevelopment Authority minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to note the June 19, 1980, bake Study Ccnanittee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to note the July 10, 1980, Sign Committee minutes. Motion seconded by Councilman Geving. The, following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. BALTIC CORPORATION: Mr. and Mrs. Gene Conner, 2521 Orchard Lane, were present. He discussed the spruce plantings along Orchard Lane. The Wagner's, 2511 Orchard Lane, asked, through Mr. Conner, if the spruce plantings could be continued to the east end of his property to screen the Baltic property. The City Attorney was instructed to begin legal action against Baltic for non-compliance.. A landscape plan has not been approved by the Council. This item will be on the August 4, 1980, Council agenda. BILLS: Councilman Geving moved to approve the bills dated July 21, 1980, as presented: Checks #11840 through #11925 in the amount of $3,476,635.47, checks #15434 through #15537 in the amount of $435,680.55, and check #11958 in the amount of $9,585.15. Check #11958 to Ideal Enterprises and check #15507 to Northwest Asphalt, Inc. will be held until the Council approves both projects on August 4, 1980. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. M-LYNNE ADDITION: Councilman Neveaux moved to accept the improvements of the Kellynne Addition in conjunction with the letter of July 16, 1980, frcn Schoell and Madson as well as the Manager's comments noted as an addendum to that letter. The City Manager and Engineer carefully monitor this project prior to August 1, 1980, and reserve sufficient monies to cover any eventualities. Notion seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, aryl Swenson. No negative votes. Notion carried. WNLLIAM D. SCHOELL l� CARLISLE MADSON� ` JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI . DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Don Ashworth, P. O. Box 147 Chanhassen, Minnesota Gentlemen: Z. SCHOELL & MAOSON, iNC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS July 16, 1980 City Manager 55317 Subject: Kellynne Addition Status of Improvements With reference to the above named project, we herein wish to indicate that the work has been completed satisfactorily with the following exceptions: 1) All areas disturbed (both on and off of right-of-way) should be seeded to prevent erosion. This should not cost more than $600. 2) Bituminous patches around manholes are soft and may or may not require additional work. Very truly yours, S .:HOELL & MADSON, INC. JROrr : mkr cc: Mr. James McCleary Manager's Comments: This item is beirl,;r placed on this agenda as the letter of credit for Kellynne Addition expires on August 1st. - A date in advance of the scheduled public tour for other projects (Aug. 2nd.) Two purchasers of lots within the Kellynne Addition (perhaps potential purchasers) have noted their concern that Mr. McCleary is not meeting up to the full scope of the development contract. The two areas mentioned are the requirement to sod the boulevards and install driveway approaches between the street and public right of way. In reviewing previous development contracts, it is the staff's belief that future contracts should delete this type of requirement. Specifically, disturbed areas should be seeded (as outlined by Jim Orr above); however, a requirement to sod the boulevard provides little benefit to either the future purchaser or to the City. If the lot sits for a period of time prior to constructing a new home, the boulevard sod will be overridden with -weeds, or destroyed during the period of constructing Manager's Comment ^' Page 2 e the new home. Similarly, a requirement to install a driveway approach is not feasible without knowing the potential location of a garage on the lot. In previous cases, the City has escrowed specific amounts per lot to assure that the driveway approach is installed when a home is constructed. However, this type of approach is far more burdensome from the City treasurer's standpoint. It is recommended that both of the requirements noted above would be deleted with the City Attorney's office instructed to incorporate the requirement to construct a hard surfaced driveway approach as a part of the building code of the City (proposed to be acted upon on August 18, 1980). In addition to the two conditions noted by Jim Orr, above, the Council should be informed of the fact that additional monies may be required of the developer to assure that the escrow account is fully paid and to pay the costs associated with cleaning the sewer line due to improper construction techniques. !l�� F1 ■ CREEK LAKF MINNLFONNA / WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 MI1041C'M A I H ROARO OI MANAQRS Oa ,1 N o�.h�nn 1',vs • Alherl L lehrnan • Inmes S Nuvaell • Iohn F Ihomas • RarAsla Gurlmmndson September 21, 1979 Mr. James K. McCleary 4240 Reiland Lane Shoreview, Minnesota 55112 Re: Permit Application,No. 79-104: Location: "Kellynfid Subdivision, Southwest shore, Lake Minnewashta, Chanhassen Purpose: Grading and Drainage Plan Dear Mr. McCleary: At its meeting on September 20, 1979 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It found the project as planned to be in accordance with the Rules and Regulations and Guidelines of the District and, therefore, granted the permit as submitted. All work shall conform to the Minnehaha Creek Watershed District Grading and Drainage Guidelines, a copy of which is enclosed. All work shall conform to the requirements of the City of Chanhassen. Any future changes or repairs involving the subject work, for whatever reason, shall be the responsibility of the owner. Designated storm water ponding areas shall be permanently dedicated for that purpose and legally protected to prevent possible future revision. LAKF MINNLFONNA / WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 MI1041C'M A I H ROARO OI MANAQRS Oa ,1 N o�.h�nn 1',vs • Alherl L lehrnan • Inmes S Nuvaell • Iohn F Ihomas • RarAsla Gurlmmndson September 21, 1979 Mr. James K. McCleary 4240 Reiland Lane Shoreview, Minnesota 55112 Re: Permit Application,No. 79-104: Location: "Kellynfid Subdivision, Southwest shore, Lake Minnewashta, Chanhassen Purpose: Grading and Drainage Plan Dear Mr. McCleary: At its meeting on September 20, 1979 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It found the project as planned to be in accordance with the Rules and Regulations and Guidelines of the District and, therefore, granted the permit as submitted. All work shall conform to the Minnehaha Creek Watershed District Grading and Drainage Guidelines, a copy of which is enclosed. All work shall conform to the requirements of the City of Chanhassen. Any future changes or repairs involving the subject work, for whatever reason, shall be the responsibility of the owner. Designated storm water ponding areas shall be permanently dedicated for that purpose and legally protected to prevent possible future revision. N Mr. James K. McCleary September 21, 1979 Page Two ( 2 ) Approval is recommended, unde DrainaeeaPlan ha rand eek RulerKhed Pt Municipal District Rule G• Sediment and Erosion Control. Permits are valid for one (1) year. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District E. A. Hickok, P.E. EAH/car Enclosure (Grading and Drainage Guidelines) cc: D. Cochran G. Macomber Mark Koegler, , CGordon Rity of 1,aCoffin nCo. Mark Gronberg, LA CITY OF 7610 LAREDO DRIVE*P.O. 6CX 1,674CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 27, 1980 Mr. James McCleary 4240 Ryland Lane �� •,� Shoreview, MN 55112 Dear Jim: C I have been informed b the City 11 Y y Engineer, upon field inspection of the Kellynne Addition,.that the storm water outflow in the vicinity of Lake Minnewashta is.-''vt adequate to handle design runoff. The City Engineer has.a indicated that plans have not, as of yet, been submitted to his office for review. In light of the recent expression of City Council concern on this matter, plans of such should be expeditiously sent to Jim Orr of Schoell and Madson so that construction can be carried out as soon as possible` Additionally our records intricate that the letter- of credit for - the Kellynne Addition expires August I,, 1980. In light of such,. either the work must be completed to a';degree to have.the City Engineer's final inspection carried ou-.,by July 10, 1980 or a renewal letter of credit must be submitted to the City offices on or before July 15,.;I980. If either c'f the above are not carried out, I have -been informed by the',City Attorney that proceedings will -commence to draw on the present letter of credit to complete the development construction.. If you have any;;,ques-tions� ar,. comments: hesitate to contact me. Sincerely,: y - r r Bob Waibel =mow Land Use Coordinator BW:nw cc: Russell Larson Jim Orr Don Ashworth on ,thoaayr lease do not CITY OF 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 12, 1980 Mr. James McCleary Dear Jim: I have been informed by the City Engineer, upon field inspection of the Kellynne Addition, that the storm water outflow in the vicinity of Lake Minnewashta is not adequate'to handle design runoff. The City Engineer has also indicated that plans have not, as of yet, been submitted to his office for review. In light of the recent expression of City Council concern on this matter, plans of such should be expeditiously sent to Jim Orr of Schoell and Madson so that construction can be carried out as.soon as possible. If you have any questions or, comments on..the above, please do not hesitate to contact me. Sincerely, Bob Waibel Land.Use Coordinator BW:k lr`��q RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 June 11, 1980 � M TELEPHONE (612) 33S-9SSS Donald W. Ashworth _zj Chanhassen City Manager r,,__.,�. Box 147 Chanhassen DIN 55317l Re: The James K. McCleary Kellynne Addition �47/pl. Dear Don, Reference is made to our brief discussion on June loth relative to the status of the work to be completed by the developer in this addition. As this office reported on May 1, 1980, the City has in its possession an irrevocable letter of credit in the amount of $50,819.00 to insure completion of this work. The letter of credit expires August 1, 1980 and as I reported in my letter of May 1, 1980 the City staff should review the progress of the work not later than July 15, 1980 to determine whether the City should draw on the letter of credit to cover incompleted work or obtain a new letter of credit. (eVeryry ours, RUSSELL H. LARSON Chanhassen City Attorney RHL:ner cc: Jim Orr Jerry Schlenk c JUIN 1980 fm �`EC��yED CHANHA� ( , MINN. • H ENGINEERING TESTING MINNEAPOLIS/ST. PAUL 6800 S. County Rd. 18, P.O. Box 35108, Mpls., MN 55435 / 612-941-5600 NORTHERN MINNESOTA 3219 E. 19th Avenue, Hibbing, MN 55746 / 218-263-8869 CENTRAL MINNESOTA 1520 - 24th Ave. N., P.O. Box 189, St. Cloud, MN 56301 / 612-253-9940 DULUTH/SUPERIOR 5431 Airpark Blvd., Ouluth, MN 55811 / 218-722-4341 SOUTHERN MINNESOTA 40 -16th St. S.E., Rochester, MN 55901 / 507-281-2515 COMPACTION TEST RESULTS Date: May ,19, 1980 Project: 79-463 Reported To: COFFIN & ASSOC. 3025 Watertown Rd. Long Lake, MN 55356 Test # : A Co ies To: City of Chanhas� Scfit6�1- C Jim McCleary FIA ACTION TESTS Ner Line . Minniwashta anhassen, MN Date: 5/16/80 5/16/80 5/16/80 Location: Sta. 4+10 Sta. 2+33 Sta. 1+00 down CL from MH on Co. Rd. 15 --------------------- Elevation: below finish -2' -2' -121 grade Soil Classification: P-2 P-1 P-2 Field Densitv Determination: Sand Cone Method ASTM: D1556-70 (44 Sieve Basis) ❑ Nuclear Method ASTM: D2922-70 (4 4 Sieve Basis) Dry Density (pcf) 120.8 100.5 118.3 Moisture Content (%) 10.5 21.0 8.2 +114 Sieve Material (%) 172 2 8 Laboratory Moisture - Density Determination: gitandard Proctor ASTM: D698-70 (Method D) []Modified Proctor ASTM: D1557-70(Method ) Maximum Dry Density (pcf) 102.7 94.8 Optimum Moisture Content (%) 13.5 22.8 RESULTS Relative Compaction (% of Proctor) 105 105 Specified Minimum (X) 95 95 REMARKS: The above tests meet the specified minimum compaction. 102.7 13.5 105 95 BRAUN ENGINEERING TESTING, INC. Norman E. Hall Laboratory Supervisor ENGINEERING TESTING W4lNNEAPOLIS/ST. PAUL 6800 S. County Rd. 18, P.O. Box 35108, Mpls., MN 55435 / 612-941-5600 NORTHERN MINNESOTA 3219 E. 19th Avenue, Hibbing, MN 55746 / 218-263-8869 CENTRAL MINNESOTA 1520 - 24th Ave. N., P.O. Box 189, St. Cloud, MN 56301 / 612-253-9940 DULUTH/SUPERIOR 5431 Airpark Blvd., Duluth, MN 55811 / 218-722-4341 SOUTHERN MINNESOTA 40 - 16th St. S.E., Rochester, MN 55901 / 507-281-2515 COMPACTION TEST RESULTS Date: May'19, 1980 Project: 79-463 COMPACTION TESTS Sewer Line Lake Minniwashta Reported To: Coffin & Assoc. Copies To: Chanhassen, MN 3025 Watertown Rd. City of Chanhassen Long Lake, MN 55356 Schoell & Madson Jim McCleary Test #: 7 Date: 5/16/80 Location: STa. 4+07 from MH on Co. Rd. 15 offset 5'S from center line Elevation: bbqe^^low finish -2' Soil Classification: P-3 Field Density Determination: Q Sand Cone Method (� Nuclear Method Dry Density (pcf) 130.1 Moisture Content M 6.2 8 5/ 16/ 80 Sta. 2+00 from MH on Co. Rd. 15 offset 10'N from center line 3 _-z' P-3 ASTM: D1556-70 (44 Sieve Basis) ASTM: D2922-70 (44 Sieve Basis) 126.2 4.7 +#4 Sieve Material M Laboratory Moisture - Density Determination: tlStandard Proctor ASTM: D698-70 (Method 0) ❑ Modified Proctor ASTM: D1557-70(Method ) Maximum Dry Density (pcf) 135.0 135.0 Optimum Moisture Content (x) 11.0 11.0 RESULTS Relative Compaction (% of Proctor) 96 93 Specified Minimum (%) 100 100 REDS: The above tests do not meet the specified minimum compaction. BRAUN ENGINEERING TESTING, INC. rlorman L. Iia I I Laboratory Supervisor BRAHH'" ENGINEERING TESTING �MINNE•APOLIS/ST. PAUL 6800 S. County Rd. 18, P.O. Box 35108, Mpls., MN 55435 / 612-941-5600 NORTHERN MINNESOTA 3219 E. 19th Avenue, Hibbing, MN 55746 / 218-263-8869 CENTRAL MINNESOTA 1520 - 24th Ave. N., P.O. Banc 189, St. Cloud, MN 56301 / 612-253-9940 DULUTH/SUPERIOR 5431 Airpark Blvd., Ouluth, MN 55811 / 218-722-4341 SOUTHERN MINNESOTA 40 - 16th St. S.E., Rochester, MN 55901 / 507-281-2515 LABOR., J--0RY MOISTURT,--DENSITY RELATION Project No. 79-463 RamPJ.p NO- P-3 Date Tested 5/ 16/80 Standard Proctor ns77* D: 698 -70 Method:0 UNIFIED SOILS CLASSIFICATION: Class 5 (ASTM D2487 & D2488) MAXIMUM DENSITY: 135.0 OPTIMUM MOISTURE CONTENT: 11.0 w u �IA 144 140 W-1 128 124 120 5 ■n mmm ■WM■EM■M■MM■■ ■m■N■SEMMm-- ■EEMNENm■ ■S■ ■ONNNMN■■■■■ ■■ ■oo■m--ommo■■ ■■■■omm■m■m ■E■■■--N mo MEMORIZE ■■■mmmoN --- mono m■■N-- ■m■m■E ■ m onm mmmmmum ■■■■■MMN■MNNmm�nNEmnNMm NM--mMNSNm■■Mmm■ ■■■■ ■■■■■■■■■■■■■■■■■ ■■omm=m--■ --mW■mmMMENW--nm--■ ■■■■■■■■■■■■mnA ■■■■■M■■■■■■■■ ■■■■■■■ ■■■■■ ■■ ■ Nno■MoommEmO ■ ii■■■MMMMMM■EM■■ ■■■■■■moon SEE ■■Mm�omom■ ■■■■■ ■ ■■■■m■■m■■■■ NEWSmMNNWN ■■■o■mm■m■om■■■ V■■■■■■■ ■■ mmnomm■W■m m■■■E■■■■■ W■� ■mn■� ii■■m■■om■■■■ ■■NE■■■ ■■■■■■M■■■mml I EMM M REMEMBER �elmomMonss■ MOn ■ NNo --■m ■ _■ ::mi■iiEmim■ Wr n■mE�SSmm�iWmim RONNIE ■■■■■■■m■mm■■■►ANEMOWW REWIRE ■ mmm�N�■■Noo■Wn ■ER mom i A■m■■o■■moms ■Nn■■m■mnnl ■mon■■n■■■■■■ ■nMM■nWN >RON■N■NNW■■E■■■mom►\■NENEENEEE■■E■N MmEMmNWWI�ii ■■Nnmm■■■mn■■ ■ ■moms ■n MOSEF NiA ■nm■iiiil■iN�i■EM mono iDRUM m■■mmnoo A1■m■m■m■N■ENW■NNN■ESSNN■■ ■■■m■■■■mn ■■mm■nmmM NNnn■■MW--ES■■E■�m■Mm■■■Nm■ ■m■mm=mmm MmmM■■■-- N■mmmon. ■ESSMm■ v Nn --------- MEMO" --owsomom mmNMWMWN�IWNWWNNN ■■Mnmm■n mW■WWWM■7NWm■MN■ON■m■■n ■■■W"■m� ■non■MOONRISEMmMno■■NO■m■ mmm■nmr■N■Nm mW■NmMW■m■mnm■■m■EM■mw■ NMNnMNMnNnNMW■NWWN■Nm ■■■■\■ 7 9 11 13 MOISTURE, CONTENT, 15 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH G LARSON SIC MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 335-9565 May 1, 1980 Chanhassen City Council c/o Don Ashworth, City Manager Box 147 Chanhassen MN 55317 Re: James K. McCleary Kellynne Addition Escrow Deposit Dear Council Members, Reference is made to the inquiry by the Council at the April 21st meeting relative to the release of the McCleary Kellynne Addition escrow deposit. In February of this year the City received a request from Mr. McCleary to release $22,496.33 from the $36,002.59 escrow deposit held by the City pursuant to the development contract. The City was advised at that time by the City Engineers that such a reduction would deplete the escrow account below that amount which should reasonably be held to insure completion of the project including corrective measures required to be taken at the lakeshore erosion area. After considerable discussion between Mr. McCleary, his attorney, Jim Orr, Don Ashworth and this office, it was agreed that the escrow deposit less $4,020.42 would be released to Mr. McCleary upon the receipt from him of an irrevocable letter of credit in initial development contract amount of $50,819.00. The letter of credit (copy attached) was duly delivered to the City by First National Bank and the escrow account balance, less $4020.42, was released to Mr. McCleary. The remaining escrow deposit remains on hand with the City Trea- surer as a reserve for payment of administration, legal and engineering charges which may be incurred prior to completion of the work. MAY 1980 RECEIVED VILLAGE OF CHANHASSEN, >. MINN. Chanhassen City Council May 1, 1980 Page Two Under the circumstances, it is our opinion that the City is adequately secured with respect to the performance of the development contract conditions, and that an adequate cash fund remains on deposit with the City to cover City administration, legal and engineering charges. It should be noted that the 1980 and City staff should later than July 15, 1980 to draw on the letter to cover letter of credit. RHL:ner Enc letter of credit expires August 1, review the progress of the work not determine whether the City should incompleted work or obtain a new Very truly, yours, l 444 RUSSELL H. LARSON Chanhassen City Attorney J m a W C u 3 W 4 � �o u i U- c o ce . W 3 m T i ,_ e u J z o E W 1— ' i o W 1 w 1 R i 1 ,n 1 f" • O W r N z W u O 0 First Bank 'Minneapolis Mmnb« r.0 Bam sru.m FIRST NATIONAL BANK OF MINNEAPOLIS. P.O. BOX A1567, MINNEAPOLIS, MINNESOTA 55480 INTERNATIONAL BANKING DEPARTMENT . PHONE: (612) 370-4826 • TELEX: WUI 29 0169 . CABLE: FIRBKFOREX . S.W.I.F.T.: FNB MUS44 CITY OF CHANHASSEN P.O. BOX 147 MARCH 25, 1980 CHANHASSEN, MN. 55317 GENTLEMEN: RE: OUR IRREVOCABLE COMMERCIAL LETTER OF CREDIT NO. 59201 AMOUNT: $50,319.00**U.S. FUNDS WE HEREBY AUTHORIZE YOU TO VALUE ON OURSELVES AT SIGHT FOR ANY S U11 OR SUMS NOT E)ICEEDING A TOTAL OF: 5,17 �:.�., �';+� mill Y Ill �Igfl FOR ACCOUNT OF: JAMES K. MCCLEARY, 4240 REILAND LANE, SHOREVIEW, AWN. 55112 THAT THE AMOUNT DRAWN DOES NOT EXCEED AN AMOUNT NECESSARY FOR 100% VALUE OF YOUR DRAFT ACCOMPANIED BY YOUR SIGNED STATEMENT CERTIFYING TO COMPLETE THE FOLLOWING IMPROVEMENTS: ROAD, SANITARY SEWER, WATER SERVICE AND DRAINAGE IMPROVEMENTS IN KELLYNNE ADDITION, CITY .OF CHANHASSEN, COUNZY OF CARVER DUE TO THE FAILURE OF JAMES K. MCCLEARY TO PEP.I'ORP1 PURSUANT TO DEVELOPMENT CONTRACT DATED JULY 11, 1979. THE DRAFTS DRAT°JN UNDER THIS CREDIT ARE TO BE ENDORSED HEREON AND MUST BEAR THE CLAUSE "DRAWN UNDER THE FIRST NATIONAL BANK OF MINNEAPOLIS CREDIT NO. 59201 DATED MARCH 25, 1980." WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS OF DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT THE SAME SHALL BE DULY HONORED UPON PRESENTATION AT THE FIRST NATIONAL BANK OF MINNEAPOLIS, MINNEAPOLIS, MINNESOTA ON OR BEFORE AUGUST FIRST, 1980. �CL'ff'� - � AUTHOl /ED SIGNATURE FIRST NATIONAL BANK OF-MINNEAPOLIS AUTHORIZED SIGNATURE ORIGINAL 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 April 18, 1980 Mr. James McCleary 4240 Ryland Lane Shoreview, MN 55112 Dear Mr. McCleary: As you will note from the attached City -Council minutes of April 7, 1980, the City Council considered .two questions in regards to the Kellynne Addition, i.e. "Work Schedule" and "Erosion Control". As you are aware, it. is the developer's responsibility to notify the City as to the proposed work schedule as well as to submit drainage plans which can be reviewed by the City Engineer. I recognize that you have discussed the above item several times with. Jim Orr. This was noted by Mr. _Orr during Council discussion. However, this letter it to notify you that the City must receive your proposed work schedule as well as drainage plans by May 20, 1980. In addition, I will place this item on the City Council agenda for June 2, 1980, for City Council approval of the drainage plan and potential discussion by Council members and/or interested citizens. If you have any questions in regards to this letter, please feel free to contact me. Sincerel;r,.. Don Ashworth City Manager DA:k �1 WILLIAM D SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR . HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GOROON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI , DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: 9c. SCHOELL & MAOSON, iNc. ENGINEERS ANO SURVEYORS 2) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Subject: OFFICES AT HURON, SOUTH DAKOTA AND DENTON:. TEXAS April 1, 1980 Kellynne Addition Mike Schachterls Complaint Pursuant to your request, we herein respond to the above named complaint. The drainage outlet to Lake Minnewashta for the above named subdivision was modified from the original plan. The developer must propose erosion control measures and submit such to the Watershed District and the City before proceeding with the work. We are aware of.the problem, the City Council has viewed it, and the City has approximately $50,000 of retained monies (or a letter of credit) to assure proper compliance. Please advise as to further questions. Very truly yours, ECHOELL & MADSON, INC. JROrr : mkr From. City Admin' f --- Referred TI( cc: Mr. Mike Schachterle Planner ,&,6 Building Attorney Engineor _ t Treasurer Poiow c Parks Rtc, C, Street Mi3d._ t Utitiiied Press -- - - ftldwf me 7-72 go First Bank _. 41110 Minneapolis Member First Bank System FIRST NATIONAL BANK OF MINNEAPOLIS. P.O. BOX A1567, MINNEAPOLIS, MINNESOTA 55480 INTERNATIONAL BANKING DEPARTMENT • PHONE: (612) 370-4626 • TELEX: WUI 29-0169 • CABLE: FIRBKFOREX • S.W.I.F.T_: FNB MUS" CITY OF CHANHASSEN_. MARCH 25, 1980 P.O. BOX 147 CHANHASSEN, MN. 55317 GENTLE1.11EN : ty RE: OUR IRREVOCABLE CO11/1ERCIAL LETTER OF CREDIT NO. 59201 o AMOUNT:. '`$50,819.00**U..S. FUNDS Z WE HEREBY.AUTHORIZE YO_U TO VALUE ON OURSELVES AT SIGHT FOR ANY SUM o OR S UMIS NOT EXCEEDING A TOTAL OF: a a W d x f pill 11,13 a FOR ACCOUNT. OF:. JAr1ES K. MCCLEARY, 4240 REILAND LANE, u u SHOREVIEW, h2.V. 55112 • o w " ft FOR 100 o VALUE OF YOUR DRAFT ACCOF—PANIED BY YOUR SIGNED STATEMENT CERTIFYING w :x u THAT THE ' AMOUN 1T DRA14N DOES NOT EXCEED AN AMOUNT NECESSARY TO COMPLETE THE a o FOLLOWING IMPROVEMENTS: ROAD,, SANITARY SEWER, WATER SERVICE AND DRAINAGE a W IMPROVEMENTS IN KELLYNNE ADDITION, CITY OF CHADIHASSEN, COUN' OF CARVER DUE Z TO THE FAILURE OF JAI'1ES K. TTCCLEARY TO PERFOPu1 PURSU_AZIT TO DEVELOPMENT N u CONTRACT_. DATED JULY 11, 1979. o y z THE DRAFTS D"RNNN UNDER THIS CREDIT ARE TO BE ENDORSED HEREON AND MUST BEAR THE CLAUSE "EIRM7N UNDER THE FIRST NATIONAL BANK OF MINNEAPOLIS a CREDIT NO�. •. 59201 DATED MARCH 25, . 198 0. " -. Z WE HEREBY AGREE WITH DRAWERS, ENDORSERS ACID BONA FIDE HOLDERS OF DRT--sFTS = z DRAWN UNDER AND IN COMPLIANCE WITH THE TER11S OF THIS CREDIT THAT THE SAZI-EE; 0 o SHALL BE DULY HONORED UPON PRESENTATION AT THE FIRST NATIONAL BANK OF F W MINNEAPOLIS, M'iINNEAPOLIS, MINNESOTA ON OR BEFORE AUGUST FIRST, 1980. u w m w FIRST ?-NTIONAL SANK OF MINNEAPOLIS Fr. � W AUTH0 I`ZFD MATURE UTIIOP.IZED SIGNATURE ORIGINAL March 15, 1980 CITY OF CH'AWHASSEN 7610 LAREDO DRIVE0P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 �Jt-, Mr. James McCleary 4240 Ryland Lane Shoreview, MN 55112 Dear Mr. McCleary: As stated during our telephone conversation of today, this office is unable to process your request further until other options regarding guaranteeing that work"dompleted is in conformance with city standards has been completed.:, Specifically, the city requires that a letter of credit or performance bond be continued through the construction period. This�.concept has been followed on all municipal contracts and other -private developments and reasonably assures the City that, if defective workmanship or other problems arise, that the city can be -assured that the work will be completed and/or corrected. I have asked you to contact the City Attorney's office, Russell. Larson, in regards to the form of security he will accept. Assuming that such guarantee is. -provided to assure that defective work can be corrected, the monies requested to be released by you will be released administratively. 3.1 Should you be u able' to -arrive; at a solution which is acceptable to both yourselfand_..the Ci:ty,.Attorney:'s office, you do have the right to appeal any administrative decision to the City Council. Should you have any questions,.please feel to contact me. Sincerely, ka__� Don Ashworth City Manager DA:k O'NEILL J. GRATHWOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOANNE THATCHER SWANSON JOHN W. HENDRICKSON, JR. CAROL MASDEN FORNANDER TIMOTHY O. GRATHWOL March 14, 1980 GRATHWOL & OBERHAUSER ATTORNEYS AND COUNSELORS AT LAW 1421 E. WAYZATA BOULEVARD - SUITE 210 WAYZATA. MINNESOTA 55391 Mr. Russell H. Larson Attorney at Law 1900 First National Bank Bldg. Minneapolis, Minnesota 55402 Re: James K. McCleary - Stubbs Our File 4113-13 Dear Mr. Larson: Bay rarina (612) 475-2401 Mr. McCleary has deposited with the City of Chanhassen under the terms of a develop- ment contract 110% of the estimated cost of completing the installation of utilities and other improvements in the plat of Kellynne. It was our understanding that at the time this money was deposited with the City that as the work was completed that these funds would be released and could be applied toward the payment of the improvements contracted for by Mr. McCleary. The sewer water and street grading has all been completed, plus a storm sewer was installed. The only thing left to complete is some street work and blacktopping, and the estimated cost of completing this- work is around $22,000.00. It would appear that under the terms of the development contract that if the City engineer determines: that X dollars would complete the balance of the work required to be performed by the developer, that anything in excess of 110% of this figure could currently be released to the developer for payment of the sewer and water contractor. It is my understanding that the City is considering adopting a Resolution at its Larch 17th, 1980, meeting authorizing the release of these monies to Mr. McCleary, and I would appreciate it if you could look at the development contract and give � �ro1930 ' }: p RECEIVED+ VILLAGE OF "j; CHANHASSEN, MINN. �� Mr. Russell H. Larson March 14, 1980 Page 2 your affirmative blessing to this procedure. If you have any questions, please give me a call. Sincerely, LOUIS B. OBERHAUSER LBO:vl cc: City of Chanhassen Mr. James McCleary WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI . DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS March 4, 1980 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Kellynne Addition Gentlemen: Attached is a letter from the developer of the above named addition. It requests reduction in the escrow deposit in the amount of $22,496.33. The sewer and water have been installed and tested and are acceptable. More base plus grading,curb, paving and additional drainage work are required to complete the project. It is possible that some of this work could disturb already completed work, necessitating pipe cleaning and re -testing. Concerning the developer's request, it is acceptable from an engineering point of view. Please advise as to questions. JROrr:mkr enclosure Very truly yours, SCH ELL & MADSO\N, INC. ' MAP, 1980 RECEIVED VILLAGE OF a� CHANHAS3�N, `'' >_ MINN. f I T 7610 LAREDO DRIVE,•P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: March 3, 1973 TO: Planning Commission, Staff and James McCleary, 1233 North? Trailwood, Hopkins, MN 55343 FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary PRD Proposal PLANNING CASE: P-464 The following items are to be included in your copy of Exhibit 1, McCleary PRD Proposal, for discussion and review: 1. Planner's Report dated March 1, 1978. 2. Proposed Subdivision Plan dated January 27, 1978. 3. Community Location Graphic. 4. City Engineer's Report dated March 2, 1978. 5. Existing Utilities Map. PLANNING REPORT DATE: March 1, 1978 TO: Planning Commission FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Request PLANNING COMMISSION: P-464 PETITIONER: Jam -es K. McCleary Mr. McCleary is proposing to subdivide 4.7 acres of land into 7 single family residential building sites and one outlot. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 900 feet north of MTH 5, between County Road 15 and Lake Minnewashta. 2. Existing zoning: The subject property is presently zoned R-1, Single Family Residence District. 3. Utilities: M2-,nicipal water and sanitary sewer service are available to the subject property. The existing house on the subject property is presently serviced by sewer and water and has been assessed. one sewer and water lateral and one trunk sewer and water unit. This parcel would be subject to further assessments upon subdivision. Comprehensive Plan Proposal 1. Land Use: Pursuant to the adopted comprehensive plan, the subject property and its environs are to assume and maintain, a low density single family residential identity. 2. Transportation: Pursuant to the adopted transportation plan, Minnewashta Parkway (CSAH 15) is to function as a minor collector. W Planning Commission -2- Planner's Comments �i.. MA;rcb. 3, 1.978 1. The water oriented building sites have been planned to exceed, the requirements of the Shoreland Management Ordinance for sewered areas on Lake Minnewashta. 2. The subdivision plan indicates a proposed road through the sub- division with rights of way of 50 feet for the linear portion and 60 feet for the cul-de-sac. Roadway to be required for the linear portion,. and the cul-de-sac will`be 28 feet and 40 feet respectively. 3. The petitioner is proposing a 20 foot wide combination walkway and private beach lot for the residents of the subdivision. This area is indicated as outlot "a" on the subdivision plan. Section 7.04 (1) Ordinance 47, states.that this type of land use in an R-1 district is a conditional use. 4. It is Mr. McCleary's intention to retain and remodel the existing house on Lot 3, Block 1. 5. There does exist potential building problems in the vicinity of Lot 1 Block 2 due to the presence of Glencoe soils. Planner's Recorwmendation T find Mr. McCleary's proposal to be consistent with the spirit and intent of the zoning ordinance, co;rprehensive plan and subdivision ordinance. At this time the Planning Commission should encourage the petitioner to prepare a preliminary plat and prepare the necessary applications for a conditional use permit. Said preliminary plat should incorporate the recommendations of the planning commission and city staff and be in accordance with Sections 6 and 7 of Ordinance 33. The petitioner should additionally apply for a conditional use permit, and make an escrow deposit to the city treasurer to defray staff expenses in processing this request. No. 1 I BITUMINOUS ROADWAYS, INC 2825 CEDAR AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55407 PHONE (612) 721-2451 Mr. J. K. McCleary 4240 Reiland Lane Shoreview, MN 55112 DATE 2 27 80 i ereby submit specifications and bid for:, Street Construction ription of ioo: ripti of job: Kellynne, Co Rd. 15, Chanhassen. MN Address: 3 31 78 er: Gor on Do fin Company Plansdated: -- ---- it./Engr: CIFICATIONS AS w Sq. Yds. I Depth 713 ,f 713 4h'.' 713 970 LF LOWS: Type of material to be furnished and installed and/or service to be performed. existing aggregate ba MNDOT 2331-as halt base co MNDOT 2341 asphalt wearing Tons/Gal/Lbs. Unit Price material to be installed. urface Surmountable concrete curb end cqut Total Staking to be done by others. Price based on doing project in the spring of 1980. If additional aggregate base is needed, cost per ton installed will be $4.85 % ;t R, -rr V i i Bib: We hereby propose to furnish material and labor to complete the work outlined herein for the sum of: Twenty one thousand one hundrF'Clsixty four doll arm _ DOLLARS S?] , l 64 _C10 pfiylnenttoberhadeasfollows: as per paragraph 7 on the reverse side of the proposal t and parcel to any contract agreement into which Bituminous Roadway his "Estimate & Agreement" and attached forms must be made par , ic. may enter. orm 1000 3-75 Conditions applying to "Estimate & Agreement" and Form 1001 Price List are made part and parcel of this "Estimate tI .greement." ACCEPTANCE "he specifications, conditions, attachments, terms and contract are satisfactory, and (1) (we) hereby authorize the performance of this work. DATE SIGNED 31TUMINOUS ROADWAYS, INC. ACCEPTANCE -�� `-L o m Ask DATE 2/27/80 ; THIS ESTIMATE AND AGREEMENT IS VOID 30 DAYS FROM DATE FOR UNLESS WHITE COPY IS SIGNED AND RETURNED TO BIDDER KEEP GOLD f CITY OF CI3ANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 February 12, 1980 Mr. Michale Sc hacterle 6350 Dogwood Excelsior, PIN 55331 Dear Mr. Schacterle: Thank. you for your letter of Fel:67uary 5, 1980. 1 have asked Bob Waibel, the City's Land Use Coordit'ator, to review the points raised in your letter and I will: inform you of his findings. If you have any other question's, please feel free to contact me. Sincerely uc) Don Ashworth City Manager DA: k cc: Bob Waibel, Land -Use --Coordinator Vag February 5, 1980 Mr. Don Ashworth, City Manager Chanhassen Council Members 7610 Laredo Drive, P.O. Box 147 Chanhassen, Minnesota 55317 r le ��srtM Re: Block 2 , Lot Kellynne~. Add Lake Min n ewa Chanhassen, Dear Mr. Ashworth and Council Members: I am writing in reference to the above describe of which I purchased from Mr. James K. McClear✓, the of the property. In my opinion, I sincerely feel that the d evelo following the Qity of Chanhassen development contrac According to the contract, I feel that the f o 11 ow ing contract are not being fulfilled. 1. Item No. 4 in the contract - SCHEDULE OF WO 2. Item No. 11 in the contract - EROSION CONTR 3. There is no drainage easement on the f inai outlot A and there has been a drain pipe p1 outlot A and is draining onto my property a caused erosion on my professionally Landsca I would like to have the opportunity to meat w i :he city council members to discuss the above i t ems I wish to thank you in advance for your concern :ion in this matter. Sincerely your — — MICHAEL W . SCu ?L4s:ce M$sSy'HN1i`HO �'' r �3A13�3� WNIN NINSIHOWDS ' M 73VHOIW TrF v i rt noA aaao T uT S ao : SMW •aaa4em sIg4 uT U014 -eaad000 pup uaeouoo jnoA jog aousApp uT noA Xusg4 04 gsTm I •1Ts49p uT stuaaT anogs aga ssnostp oa sjaqutatu TTounoo A4To aua pus noA g4TM aaana o4 AaTun4aoddo aq4 OAsg 02 8XTI PTnom I *Aaaadoad padsospusT ATTsuoTssajoad Am uo uoisoaa pasnso ssq pus Agaadoad situ oauo SuTUTRap sT pus y goTano uo paosTd adTd uTvap s uaaq ssg azaga pus y 4oTano jog 2sTd TsuT3 ago uo auatuaspa OSpuTrap ou sT eaagy •£ 0IO2iIId05 HOISO-da - 40sa4uoo 9q4 uT TT 'off tu64I 'Z 07moM 30 alfla HOS - aoraquoo aga uT 17 • ON tu94I • T 0 POIITJTn3 Suiaq aou a.zs 4opjauoo aqa go stuaaT SuiMoTToi ago avga Taa3 I `aovJ4u*oo 9144 04 SuTp.z000y •saousuTpao 43vaauoo 4uatudoTanap uasssqustja go Aalo exia 2uTMOTTo3 aou'sT aadoTanap age I8g3 Taaj AleaaouTs I `uotuTdo dtu uI • Agaadoad atza go .zadoTanap aqa 4Aas9T0oW •x satupr *aW Wag paspgoand T gozgM 3o Aaaadoad pagT.zosap anogs aga off, aauaaa3aa uT Sul4ljm Um I : saagtueW TTounoO pus gajoMgsy •xW avac s40sauuTw luasssqusgO s:JgsvmauuTw axsZ u014TPPV ODUATTa?i £ 401 `Z NOOT9 : all LT£SS s40sauuTW `uasssqupgO Ltl XO$ '0'd `aATaG opaasl OT9L saagtuaW TTounoO uassggusgO ag2vusyl d4TO `gaaoMgsv uOa '-IN 086T `S Aasnaq;a; .. ... ..,�. _..._ January 3; 1980 Mr. Dan Ashworth, City Manager Chanhassen Council Iviembers 7610 Laredo Drive, P.O. Box 147 Chanhassen, Minnesota 55317 Re: Block 2, Lot 3 Kellynne Addition Lake Minnewashta Chanhassen, Minnesota Dear Mr. Ashworth and Council Members: I am writing in reference to the above described property of which I purchased from Mr. James K. McCleary, the developer of the property. In my opinion, I sincerely feel that the developer, Mr. McCleary, is not following the City of Chanhassen development contract ordinances.: According to the contract I feel that the below named items of the contract are not being fulfilled. 1. Item No. 4--in contract - SCHEDULE OF WORK. 2. Item No. 11 in contract - EROSION -CONTROL. 3. There�is no drainage easement on the final plat for I A and there has been a drain pipe placed on Out to A and is draining onto my property and has' caused erosion. I wish to ask you for a time when I can meet with you and the city council to discuss the above items in detail. I wish to also thank you in advance for your concern and cooperation in this matter. Sincerely," you incerely,"you P r ICHAEL W. SCHACHTERLE MWS : ce WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORED.KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS December 12, 1979 Mr. Russell H. Larson Larson & Mertz 1900 First National Bank Building Minneapolis, Minnesota 55402 Subject: Kellynne Addition. Dear Russ: Pursuant to your request, we have examined on -site the storm sewer discharging to Lake Minnewashta on.the above -named plat. We recommend the -developer obtain the required Watershed District -approvals (:and Department of Natural Resources). Additionally it is our opinion that.the erosion protection is inadequate and that improvements to same be made. JROrr:bk \. cc: Mr. Don Ashworth Very truly yours, SCHOELL & MA(D' SON, INC. EC1979CID RECE[S/EC d VILLAGE of CC`, 'CHANNASSEIN, Yc' M/NA4. I WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER r JAMES R. ORR Vt HAROLD E. DAHLIN 1 LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI , DENNIS W. SAARI GERALD L. BACKMAN �j SCHOELL & MAOSON, iNC. C-411 ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS December 26, 1979 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Kellynne Addition Status Report Gentlemen: Enclosed is a status report of the above named subdivision. JROrr:mkr enclosure Very truly yours, SCHOELL & MADSON, INC. t DEC1979 c.P RECEIVED VILLAGE OF or' CHANHASSI;N„ 0 MINK. c,-, s December 13, 1979 KELLYNNE ADDITION Items left to be installed: 1) Class 5 to grade 2) 4�" bituminous base course 3) 1h" bituminous wear course 4) Concrete curb and gutter 5) Sod and seed for restoration 6) 5' wood chip path to lake Unfinished or unsatisfactory work left: 1) Compaction tests were not taken as promised by the Engineer from Gordon Coffin. He stated that these would be done next spring before street restoration commences. 2) Sewer tests and inspections have not been done to date. 3) Conductivity testing at 350 amp. for 4 minutes. 4) "Keying" valves, sizzling services have not been performed to date. 5) As -builds and tie sheets are to be done by Gordon Coffin and copies sent to City. To date, nothing has been submitted. 6) Storm sewer problem at the lake (erosion, etc.) must be remedied. 7) Rip rap at flared ends of all storm sewer outlets. GRATHWOL & OBERHAUSER ATTORNEYS AND COUNSELORS AT LAW 1421 E. WAYZATA BOULEVARD - SUITE 210 O'NEILL J. GRATHWOL WAYZATA, MINNESOTA 55391 (612) 475-2401 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOANNE THATCHER SWANSON JOHN W. HENDRICKSON, JR. CAROL MASDEN FORNANDER November 7, 1979 Mr. Bob Weibel Chanhassen City Offices 7610 Laredo Chanhassen, Minnesota 55317 Re: Kellynne Addition Dear M. Weibel: We request that you release, at this time, $13,500.00 from our savings certificate that you are holding for payment of this statement from Widmer Bros., Inc. Thank you. Jeanne C. Grates Bookkeeper WIDMER BROS. INC. Sewer & Water - Excavating & Grading P. O. BOX 218 SPRING PARK, MINN. 55384 471-8593 INVOICE N 2; 15141 NO. r 1 James McCleary INVOICE 4240 Reiland Lane DATE October 26,1979 SOLD To Shoreview, Minnesota 55112 SHIPPED TO Kellynne-Chanhassen Page 1 OUR ORDER NO. YOUR ORDER NO. SALESMAN TERMS SHIPPED VIA PPD. OR COLL. QUANTITY DESCRIPTION Estimate for work done through 9/30/79 PRICE AMOUNT All Sanitary Sewer All Watermain All Storm Sewer Grading - 60% 17,500.00 Extra Work: Look for 6" stub & gate valve for water. Finally found it 1500 North --made a pressure tap --added 20' pipe & blacktop Co. Rd 15. 235 Cat Backhoe - 12 hrs. @ 72.00 a 00 955L Crawler - 12 hrs. @ 48.00 57.0 6 Foreman - 12 hrs. @ 22.00 _� 264.00 T.Ahnror - 12 hrc_ 0 1R_50 222.0 PRINTED BY GRAYARC CO., INC.. BROOKLYN. N.Y. 11232 (3) m. - .... - f WIDMER BROS. INC. Sewer & Water -Excavating & Grading P. O. BOX 218 SPRING PARK, MINN. 55384 471-8593 INVOICE NO. N 2; 15142 F—James McCleary INVOICE DATE ¢, SOLD 4240 Reiland Lane October 26, 1979 To Shoreview, Minnesota 55112 SHIPPED TO L Page 2 Iv Rellynne-Chanhassen k OUR ORDER NO. YOUR ORDER NO. SALESMAN TERMS SHIPPED VIA JPPD,0RI COLL. QUANTITY DESCRIPTION PRICE AMOUNT I Cont'd: Pressure tap 1,265.00 Blacktop Patch & rock 1,475.00 Extra signing & barricading 325.00 Trucks & tools-10% of Extras(4991.00) 499.00 22,990.00 115 DI 50 0- i �1(0 / v �.ara�v PRINTED BY GRAYARC CO.. INC.. BROOKLYN.N. Y. 11232 (3) ��nnn C 9�cF� �RSHED `sue A, t WAIERSHLG BOUNDARY I � 7 9 M1Nq 4y4 -71 LAKE MINNETONKA P.O. Box 387, Wayzata, Minnesota 55391 MINµESG 1A RIVEq BOARD OF MANAGERS: David H. Cochran, Pres.. Albert L- Lehman • James S. Russell . John E. Thomas . Barbara Gudmundson September 21, 1979 Mr. James K. McCleary 4240 Reiland Lane Shoreview, Minnesota 55112 Re: Permit Application/No. 79-104: Location: "Kellynnd Subdivision, Southwest shore, Lake Minnewashta, Chanhassen Purpose: Grading and Drainage Plan Dear Mr. McCleary: At its meeting on September 20, 1979 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It found the project as planned to be in accordance with the Rules and Regulations and Guidelines of the District and, therefore, granted the permit as submitted. All work shall conform to the Minnehaha Creek Watershed District Grading and Drainage Guidelines, a copy of which is enclosed. All work shall conform to the requirements of the City of Chanhassen. Any future changes or repairs involving the subject work, for whatever reason, shall be the responsibility of the owner. Designated storm water ponding areas shall be permanently dedicated for that purpose and legally protected to prevent possible future revision. SEP 1979 a 1, N CHANtiAS �N� ; . W NN. (81 Mr. James K. McCleary September 21, 1979 Page Two ( 2 ) Approval is recommended under Minnehaha Creek Watershed District Rule G., Municipal Drainage Plan and Rule K., Sediment and Erosion Control. Permits are valid for one (1) year. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District E. A. Hic�kok, P.E. EAH/car Enclosure (Grading and Drainage Guidelines) cc: D. Cochran G. Macomber Mark Koegler, City of ChaCofinnCo. Mark Gronberg, Gordon R, CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, , duly appointed, qualified and acting City Manager for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this day of , 19 ty Manager RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. McCULLOUGH Bob Waibel Assistant__ City Box 147 Chanhassen, MN Dear Bob, Planner 55317 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA SS402 October 17, 1978 Re: McCleary Subdivision (Kellynne) TELEPHONE 612) 33S-9S6S Enclosed you will find my proposed Development Contract for Kellynne. If you find this document to be in order, please submit it to the applicants for their signatures. Section 25 of the Development Contract provides that the restrictive covenants governing the outlot must be approved by the City Attorney. on June 19, 1978, the applicants' attorney, Gary Thompson, submitted proposed covenants to Mr. Larson for his approval. No further approval of the covenants is necessary if the applicants intend to use the covenants which were submitted to Mr. Larson on that date by Mr. Thompson. CMM:j Enclosure Very truly yours, CRAIG M. MERTZ Assistant Chanhassen Attorney 0`'j- 197$ A Ste' Cn V1IV Dj AS r CITY OF CHANHASSEN KELLYNNE ADDITION CONDITIONAL USE PERMIT, DEVELOPMENT CONTRACT AND VARIANCE CONTRACT WHEREAS, application has been made by James K. McCleary, Carolynne McCleary, Clifford J. Carson and Mardeth D. Carson as the fee owners of a tract of land lying within the City of Chanhassen and more particularly described on Exhibit A attached hereto and made a part hereof for subdivision approval, the necessary condi- tional use permits and variances from the literal provisions of the Chanhassen Subdivision Ordinances to allow subdivision of the above described tract into seven single family residential building sites and one outlot to be platted as the plat of Kellynne, Carver County, Minnesota; and WHEREAS, the subject property is presently zoned R-1, Single Family Residence District; and WHEREAS,. the Applicants propose to use Outlot A as a neighborhood association beach lot; and WHEREAS, use of Outlot A as a private beach lot is per- mitted on lands zoned R-1 only upon issuance of a conditional use permit as provided in Chanhassen Ordinance 47; and WHEREAS, Section 23.05 of the Chanhassen.Zoning Ordinance authorizes the Chanhassen City Council to impose conditions upon the granting of a conditional use permit to insure compliance and to protect adjacent properties; and WHEREAS, the Applicants have requested cul-de-sac frontage variances from the design standards of the Chanhassen Subdivision Ordinance; and WHEREAS, it is the policy of the City Council to impose conditions upon the granting of such variances to insure compliance with other applicable City Ordinances and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Planning Commission on May 10, 1978 to consider public comment on the proposed subdivision and the granting of the conditional use permit for a neighborhood association beach lot; and WHEREAS, the City Planning Commission has given consideration to the application and has recommended, upon certain conditions, the grant of a conditional use permit and the approval of the frontage variances and approval of the proposed plat of Kellynne; and r) WHEREAS, the Chanhassen City Council has, by its resolu- tion dated July 17, 1978, approved the conditional permit application, subdivision request and variance requests of the Applicants, subject to and on condition that the Applicants enter into this agreement. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City"), of the Applicants' proposed plan, the granting of a conditional use permit to the Applicants herein -to develop and main- tain Outlot A as a private beach lot for access to Lake Minnewashta, and the approval of the Applicants' frontage requirements variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the preliminary plat described in Section 27 below. a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding; h. Driveway surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2. Standards of Construction. Applicants agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in 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 material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Applicants. -2- 4, Schedule of Work. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the dates herein- after specified for completion. 5. Roads, Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The Applicants agree to cause their engineers to prepare all plans and specifications neces- sary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including a final grading plan in and for said plat, said plans and specifications to be in substantial accord with the proposed plans thereof prepared by Gordon R. Coffin Company, Inc., and dated 1978, with the following modifications: i) The Applicants may, at their option, reduce width of improved street by up to twenty-one inches. ii) All plans and specifications shall be subject to the final approval of the City.Engineers. iii) Street configuration shall be governed by the Site Plan and Preliminary Plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administra- tor as "May 24, 1978 Planning Commission Exhibit A". b. As -Built Plan. Upon completion of construction, Applicants shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. Easements. Applicants, at their expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6., Reimbursement of Costs. The Applicants shall reim- burse 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 thereby by the Applicants. -3- '1 1 7. 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 Applicants, the Applicants' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Applicants 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 therefrom and the costs, disbursements, and expenses of defending the same. 8. Written Work Orders. The Applicants 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 Appli- cants without such written order first being given shall be at their own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amount, which is equal to 110 percent of the total cost of the improvements as estimated by Schoell & Madson, Inc., the City Engineers, as follows: Total. Estimated Cost: $46,199.00 Escrow Deposit - 1100: $50,819.00 10. Boulevards and Driveways. The Applicants agree to furnish, construct and install, at Applicants.' sole expense, the following improvements for the benefit of each lot within the plat in accordance with the preliminary plat described in Section 27 below: a. Boulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right- of-way, the materials and installation of which shall be approved by the City Engineers. 1 For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Applicants, or their assigns, agree to deposit the sum of $ per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. 11. Erosion Control. Applicants, at their 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, sedimenta- tion and erosion of lands and roads within and outside the plat during all phases of construction, including construction on indivi- dual lots. Applicants.shall keep all streets free of all dirt and debris resulting from construction by the Applicants, their agents or assignees upon the lands described in Exhibit A hereto. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after the completion of installation of the street lighting system, or after of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long as the Applicants' obligations under paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' 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 $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Appli- cants shall file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. -5- -1 17. Conveyance of Improvements. Upon completion of the installation by Applicants of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. Applicants agree that issuance of a building permit on Lot 3, Block 2 of the subject plat shall be contingent upon determination by the City Engineers that soil conditions on said lot are adequate for the construction of a single family residence. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bitu- minous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Upon Default. a. Assessments. In the event the Applicants 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 Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements des- cribed in Paragraph 1 above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Applicants agree to pay.the entire amount of the assessment role pertaining to any such improvement within thirty (30) days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property within said plan for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanics liens under the laws of the State of Minnesota. Q:� b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within contract and permit to restrain or abate violations of the within contract and permit, or to prevent use of occupancy of the proposed dwellings. 20. Special Conditions. Landscaping and location of struc- tures on individuallots shall be determined through discussions between City staff and Applicants or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City staff and Applicants or their assigns, the City shall have the right, at the expense of the Applicants or their assigns, 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. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. d. Applicants agree to provide individual site drainage, basement waterproofing and footing drains for each residential structure to be constructed within the subject property. 21. Receipt of Engineers' Report Acknowledged. Applicants acknovwledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated May .5, 1978, relating to existing water services and existing sanitary sewer services to serve the plat, and agree to -7- a "1 be bound by the determination of the City regarding any redistribu- tion of existing assessments, the imposition of future assessments for proposed lots for sanitary sewer and watermains. 22. Easements To Be Shown On Plat. Drainage and utility easements on all lots shall be shown on the final plat. 23. Trees To Be Provided. The Applicants shall provide each lot .with one boulevard tree of a specie acceptable to the City Forester and of a diameter of not less than 1-1/2". 24. Easement Over Outlot. The owners, their heirs and assigns of Lots 1 and Z, Block 1 and Lot 3, Block 2, Kellynne shall have a perpetual easement over and across Outlot A, Kellynne for access to Lake Minnewashta, from the road shown in the plat of Kellyne to the shore of Lake Minnewashta. 25. Restrictions On Use Of Outlot. a. Said Outlot A in the proposed plat shall be encum- bered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. b. No structure, dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly -bound- aries of said Outlot A shall be constructed or maintained by any person. No changes in the use of said outlot shall be permitted except by an amendment to the within conditional use permit or by a rezoning of the premises. C. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of this permit; and conditions may be added to the permit at any time if deemed necessary and in the public interest of the City following notice of public hearing and following public hearing thereon. 26. Address of Applicants. The address of the Applicants for purposes of this conditional use permit and variance contract is: 1233 Trailwood North, Hopkins, Minnesota 55343. 27. Final Plat. The Applicants agree to proceed immediately with the preparation of their final plan which shall conform to their preliminary plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administrator as "May 24, 1978 Planning Commission Exhibit A". 28. Proof Of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 29. Successors And Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. 30. Effect Of Conflicting Ordinance Provision. The parties hereto acknowledge that the plat described in Section 27 above conflicts with the literal provision for lot widths contained in Section 8.06 of the Chanhassen Subdivision Ordinance. The parties hereto further acknowledge that in accordance with the above described resolution of the City Council approving certain variances to said Section 8.06, the proposed development may be platted in accordance with the preliminary plat described in Section 27 of this contract and permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. James K. McCleary Carolynne McCleary Clifford J. Carson th D. Carson STATE OF MINNESOTA) COUNTY OF CARVER ) ss. WN CITY OF CHANHASSEN Mayor Attest: Clerk/Manager On this day of Jr 1978, before me, a notary public within and for said County, personally appeared and , to me person- ally known, who, being each by me duly sworn, did say that they are respectively, the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council and said and mm acknowledged said instrument to be the free act and deed of said corporation. Notary Public County, Minnesota My commission expires STATE OF ) COUNTY OF ) ss. On this day of , 1978, before me, a notary public, within and for said County, personally appeared James K. McClear;-, to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public County, Minnesota My commission expires STATE OF ) COUNTY OF ) ss. On this day of , 1978, before me, a notary public, within and for said County, personally appeared Ca_rolynne McCleary, to me known to be the person described in, and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Notary Public County, Minnesota My commission expires STATE OF ) COUNTY OF ) ss. On this day of , 1978, before me, a notary public, within and for said County, personally appeared Clifford J. Carson, to me known to be the person described in, and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public County, Minnesota -10- My commission expires STATE OF ) COUNTY OF ) ss. On this day of 1978, before me, a notary public, within and for said County, personally appeared _Mardeth D. Carson, to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public County, Minnesota My commission expires -11- ~)Plat of Kellynne E X H I B I T A Ail of the Northerly 333.7 feet of Government Lot 4, in Section 8, Township 116, Range 23, Carver County, Minnesota lying West of the Westerly shore of Lake Minnewashta, excepting the Westerly 150.0 feet of the Southerly 191.7 feet of the Northerly 333.7 feet of said Government Lot 4, and excepting that portion lying within the right of way limits of County Road 15 as now laid out and constructed. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel Assistaht__City Box 147 Chanhassen, MN Dear'Bob, Planner 55317 LARSOW & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 17, 1978 Re: McCleary Subdivision (Kellynne) TELEPHONE (612) 335-9565 Enclosed you will find my proposed Development Contract for Kellynne. If you find this document to be in order, please submit it to the applicants for their signatures. Section 25 of the Development Contract provides that the restrictive covenants governing the outlot must be approved by the City Attorney. On June 19, 1978, the applicants' attorney, Gary Thompson, submitted proposed covenants to Mr. Larson for his approval. No further approval of. the covenants is necessary if the applicants intend to use the covenants which were submitted to Mr. Larson -on that date by Mr. Thompson. Very truly yours, / f CRAIG P MERTZ Assistant.Chanhassen Attorney CMM:j t Enclosure ll� LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 C, July ✓, 1979 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Bob Waibel 5''t""' Chanhassen City Hall 4 2 9�� Box 147 o JUL7979 Chanhassen, MN 55317 RECEIVED CZO Re: McCleary Subdivision r; v ILLAOR ofr ' r QHANHA6grA �q Planning Case P 464 MtN Dear Bob: I have received from Mr. McCleary's Attorney, Louis Oberhauser, a title opinion dated June 26, 1979, covering the property proposed to be Alatted. I have also received the original copy of a quit claim deed dated June 1, 1979 running from Mr. and Mrs. Carson to James K. McCleary. I find that title opinion to be adequate evidence of ownership of the premises. Once the final plat has been tendered to your office for approval, I suggest that you examine the final plat for the purpose of verifying: a. That the legal description in the dedication section of the plat coincides with the legal description set forth in the attached June 26, 1979 Louis B. Oberhauser title opinion; and b. verifying that James K. McCleary and Carolynne McCleary have signed the plat as owners. Section 25 of the Development Contract provides that restrictive covenants governing the beach lot must be approved by the City Attorney. I have been provided with a copy of the proposed Restrictive Covenants dated June 14, 1979. I enclose with this letter a copy of those covenants. There is a discrepancy between the lot numbering system utilized on Planning Commission Exhibit 5-24-78 and the lot numbering system utilized in the covenants. The Planning Commission Exhibit indicates that Lots 1 and 2 in Block 2 are located on the shore of Lake Minnewashta, while Lot 3, Block 2, has no lake frontage. The above described covena.riz5 assume that Lot 1, Block 2, has no lake frontage, while Lots 2 and 3, Block 2, both have lake frontage. I have not seen the proposed final plat. Perhaps Mr. McCleary has merely renumbered the lots in Block 2. Bob Waibel -'- 7/5/79 In any event, you should compare the enclosed covenants with the final plat to verify coordination of the numbering system utilized on the final plat and utilized in the covenants. I enclose herewith the original copy of the above described deed. I suggest that you hold this deed in your file and release it to the McClearys after the final plat has been signed by the Mayor. �y truly yours, -)�� -M "- �- CRAIG M. MERTZ Assistant Chanhassen City Attorney CKM : me p Encl. cc: Louis Oberhauser _eN_ETLI .l, GRATTI L L@_gd.a�PM� RAYMOND C. PL ETZ JAMES N. GRATHWO� 1S S.OSERHAUSER ROSERT K. RANDALL JOANNE THATCHER SWANSON JOHN W. HENDRICKSON, JR. GRATHWOL, PLOETZ 8, OBERHAUSER ATTORNEYS AND COUNSELORS AT LAW 1421 E. WAYZATA BOULEVARD - SUITE 210 WAYZATA, MINNESOTA 55391 City of Chanhassen City Hall Chanhassen, Minnesota Re: Title Opinion Gentlemen: June 26, 1979 (612) 475-2401 Pursuant to your request I have examined the title to the premises situated in Carver County, Minnesota, described as follows: DESCRIPTION: All of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of Government Lot Four (4) in Section Eight (8), Township One Hundred Sixteen (116), Range Twenty-three (23), Carver County, Minne- sota, lying West of the Westerly shore of Lake Minne- washta, excepting the Westerly One Hundred Fifty (150) feet of the Southerly One Hundred Ninety One and Seven Tenths (191.7) feet of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of said Government Lot Four (4); and excepting that portion lying within the right of way limits of County Road Number Three (3) as now laid out and constructed, and subject to an Easement over the Southerly Thirty Three (33) feet of -the Northerly One Hundred Forty two (142) feet of the Westerly One Hundred Fifty (150) feet of said Government Lot Four (4). Containing 4.34 acres, more or less. This examination was based upon an Abstract of Title to said land last certified to on May.17, 1979 by Kohlrusch Abstract & Title Service, Inc., and from such examination we are of the opinion and find that on said last named date Clifford J._Cars and Mardeth D. Carson, husband and wife as joint tenants, were the owners of a good and marketable -title, in fee simple to said land, free and clear of all encumbrances except the following: I. Taxes for 1978 and prior years paid; taxes for 1979 in the amount of $1,641.55 second one-half not paid. • S City of Chanhassen Louis B. Oberhauser, Esq. Page 2 2. The interest of:pes _ K. McCleary,, purchaser under ant,unr_ _ec"orded contract for deed dated July 9, 1976: is to be established. 3., An easement over the Southerly 33 feet of the Northerly 142 feet of the Westerly 150 feet of said Government Lot 4 created by deed dated May 3, 1947, Book 53 of Deeds, page 352 (entry3l). 4. An easement in favor of the City of Chanhassen for water and sanitary sewer dated August 6, 1973, filed August 10, 1973, Book 113 of Deeds, page 309 (entry 41). This easement has a description that -can only be located by a surveyor unless the location of the easement is visible on the ground. 5. Such ownership is subject to the following; a. Rights, if,any, of the parties in possession other than said owner; b. Mechanic's lien rights, if any, for recent improvements upon said premises or property connected therewith; c. Special assessments, if any, which may be levied upon said premises; d. Public zoning, building, or environmental ordinances and regulations; e. Matters which an accurate survey of the property would disclose. LBO/ejw ,.� Very 1 urs i IS OBERHAUSER `�•. P' Council Meeting January 22, 1979 -3 Councilman Matthews moved to endorse Gayle Kincannon as Metropolitan Transit Commission representative from Precinct H. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Matthews. Councilmen Neveaux and Geving voted no. Motion carried. SUBDIVISION REQUEST - RICHARD ERSBO: Mr. Ersbo was present seeking approval to subdivide his property at 1275 Lake Lucy Road into four residential lots. Sanitary sewer is extended to the northeastern corner of the property. The nearest water service is approximately 400 feet east. The Planning Commission held a public hearing and recommended approval of the subdivision and rezoning to R-1. The Assistant City Manager/Planner recommended approval conditioned that the applicant make all public improvements including a looped water systern, and also petition for extension of municipal water to serve the property. Councilman Matthews moved to accept the Assistant City Manager/Planner's recommendation, reference Planning Case P-584. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. NATURAL GREEN, CONDITIONAL USE PERMIT: David Luce was present seeking approval of a conditional use permit for his business at 1660 Arboretum Blvd. The Planning Commission held a public hearing and recommended approval of the conditional use permit. Councilman Pearson moved to table action and direct the City.Manager, along with Bruce Pankonin, Jerry Schlenk, and Bob Waibel, prepare a narrative on the past history of this proposal. Motion seconded by Councilman Geving. _The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. SIDE YARD VARIANCE - GREGORY HOOPS: Mr. Hoops is requesting a 7110" side yard variance to construct an attached garage to his home at 7604 Great Plains Blvd. The Board of Adjustments and Appeals met and recommended denial of the request. Councilman Neveaux moved to deny the request based upon the planning report and the minutes of the Board of Adjustments and Appeals, Case P-608. Motion seconded by Councilman -Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. FILL PERMIT APPLICATION, JEAN LOVETANG: Ms. Lovetang is requesting a fill permit to install 250 cubic yards of dirt on her property at 6850 Chanhassen Road. A letter was -received from the Riley Purgatory Creek Watershed District stating this project does not meet their requirements therefore a grading and -land alteration permit will not be required. - Councilman Neveaux moved to accept the Building Inspector's report of January 11, 1979, and allow the fill permit. Motion seconded by Councilmi Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson Neveaux, Matthews, and Geving. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the consent agenda. Mayor Hobbs asked that item a. . U. Council Meeting Jam...,"uary 22, 1979 -4- Municipal State Aid Agreements be discussed.separately. As no comments were received, Councilman Geving moved to approve the following items pursuant to the City Manager's recommendations: b^ Development Contract, Kellynne Addition. C. Traffic Signal Agreement, State of Minnesota, Dakota and Highway 5. Motion seconded by Councilman Pearson. The following voted in Mayor Hobbs, Councilmen Pearson, Matthews,Neveaux, and Geving. negative votes. Motion carried. additiona favor : No MUNICIPAL STATE AID ETA AND AGENCY AGREEMENTS: Councilman Neveaux moved to accept the conditions of the Municipal State Aid ETA and Agency Agreements with the State of Minnesota and signatures to be properly affixed to both agreements. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. 208 STUDY: A public hearing will be held January 25 for comment on the study. The Assistant City Manager/Planner discussed issues pertaining to Chanhassen: Lake Ann Interceptor. No expansion of Chaska plant service area. Procedure 410 does not provide any tools for the local governments to challenge or to have any examination. On site permits. Councilman Pearson moved that the Council is in agreement with the Assistant City Manager/Planner's memorandums. of September 21, 1978, and January 19, 1979 with reference to the Metropolitan Council 208 Plan. Motion seconded by Councilman Matthews. -The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. EXTENSION OF BUILDING MORATORIUM, DOWNTOWN BUSINESS DISTRICT - HRA: John Przymus, HRA Commissioner, was present. The Council previously adopted a building moratorium in the downtown area. This moratorium was effective until December 31, 1978. The HRA Commissioners feel that they are in a position to formally present development plans for public comment and to seek development commitments and requested the Council extend the building moratorium six months. Commissioner Przymus explained the revised plan. Council members requested a monthly report from the HRA. Councilman Geving moved to re-enact Ordinance 47K with an expiration date of July 31, 1979. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to adjourn. Motion seconded by Councilman 'Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Meeting adjourned at 10:50 p.m. Don Ashworth City Manager GRATHWOL, PLOETZ &_ OBERHAUSER ATTORNEYS AND COUNSELORS AT LAW O'NEILL J. GRATHWOL 1905-1974 RAYMOND C. RLOETZ JAMES N. GRATHWOL LOUIS B.OBERHAUSER ROBERT K. RANDALL JOANNE THATCHER SWANSON JOHN W. HENDRICKSON, JR. City of Chanhassen City Hall Chanhassen,, Minnesota Re: Title Opinion Gentlemen: 1421 E. WAYZATA BOULEVARD - SUITE 210 WAYZATA, MINNESOTA 55391 June 26,, 1979 (612) 475-2401 Pursuant to your request I have examined the title to the premises situated in Carver County, Minnesota, described as follows: DESCRIPTION: All of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of Government Lot Four (4) in Section Eight (8), Township One Hundred Sixteen (116), Range Twenty-three (23)$ Carver County, Minne- sota, lying West of the Westerly shore of Lake Minne- washta, excepting the Westerly One Hundred Fifty (150) feet of the Southerly One Hundred Ninety One and Seven Tenths (191.7) feet of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of said Government Lot Four (4), and excepting that portion lying within the right of way limits of County Road Number Three (3) as now laid out and constructed, and subject to an Easement over the Southerly Thirty Three (33) feet of the Northerly One Hundred Forty two (142) feet of the Westerly One Hundred Fifty (150) feet of said Government Lot Four (4). Containing 4.34 acres, more or less. This examination was based upon an Abstract of Title to said land last certified to on May 17, 1979 by Kohlrusch Abstract & Title Service, Inc., and from such examination we are of the opinion and find that on said last named date Clifford J. Carson and Mardeth D. Carson, husband and wife as joint tenants, were the owners of a good and marketable title, in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes for 1978 and prior years paid; taxes for 1979 in the amount of $1,641.55 second one-half not paid. City of Chanhassen Louis B. Oberhauser,, Esq. Page 2 2. The interest of James K. McCleary,, purchaser under an unrecorded contract for deed dated July 9,, 1976, is to be established. 3. An easement over the Southerly 33 feet of the Northerly 142 feet of the Westerly 150 feet of said Government Lot 4 created by deed dated May 3, 1947, Book 53 of Deeds,, page 352 (entry3l). 4. An easement in favor of the City of Chanhassen for water and sanitary sewer dated August 6, 1973, filed August 10, 1973, Book 113 of Deeds, page 309 (entry 41). This easement has a description that can only be located by a surveyor unless the location of the easement is visible on the ground. 5. Such ownership is subject to the following: a. Rights, if any, of the parties in possession other than said owner; b. Mechanic's lien rights, if any, for recent improvements upon said premises or property connected therewith; C. Special assessments, if any, which may be levied upon said premises; d. Public zoning, building, or environmental ordinances and regulations; e. Matters which an accurate survey of the property would disclose. LBO/ejw 00 CITY OF 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 12, 1979 Mr. Lewis B. Oberhauser Grathwol, Ploetz, Oberhauser and Thompson Attorneys and Counsel -at Law 1421 E. Wayzata Blvd. - Suite 2101 Wayzata, Mn. 55391 Dear Mr. Oberhauser: Attached hereto are the minutes of ;the January 22nd, 1979 City Council meeting wherein the Kellynne Addition Development Contract was approved, and the account' statement for Kellynne Addition. As we discussed in our phone conversation of this day, it appears that the hardshells can be filed provided all the development contracts are signed, that the provision of the performance bond requirements of the development contract are arranged for and that the payment for the deficit escrow account be made. I would recommend that in'addition to the $726.30 deficit, the account be replenished to $800.00 to ensure that any subsequent staff work such as title review, etc. can be paid for. Any amount of that remaining after final billing, will be remitted back to the involved patties. If you have any questions or comments please do not hesitate to contact me. Sincerely, Bob Waibel Ass't. City Manager/Planner BW:njo Enc. CITY OF CHANHASSEN KELLYNNE ADDITION CONDITIONAL USE PERMIT,'DEVELOPMENT CONTRACT AND VARIANCE CONTRACT WHEREAS, application has been made by James K. McCleary, Carolynne McCleary, Clifford J. Carson and Mardeth D. Carson as the fee owners of a tract of land lying within the City of Chanhassen and more particularly described on Exhibit A attached hereto and made a part hereof for subdivision approval, the necessary condi- tional use permits and variances from the literal provisions of the Chanhassen Subdivision Ordinances to allow subdivision of the above described tract into seven single family residential building sites and one outlot to be platted as the plat of Kellynne, Carver County, Minnesota; and WHEREAS, the subject property is presently zoned R- 1, Single Family Residence District; and WHEREAS, the Applicants propose to use Outlot A as a neighborhood association beach lot; and WHEREAS, use of Outlot A as a private beach lot is per- mitted on lands zoned R-1 only upon issuance of a conditional use permit as provided in Chanhassen Ordinance 97; and WHEREAS, Section 23.05 of the Chanhassen Zoning Ordinance authorizes the Chanhassen City Council to impose conditions upon the granting of a conditional use permit to insure compliance and to protect adjacent properties; and WHEREAS, the Applicants have requested cul-de-sac frontage variances from the design standards of the Chanhassen Subdivision Ordinance; and WHEREAS, it is .the policy of the City Council to impose conditions upon the granting of such variances to insure compliance with other applicable City Ordinances and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Planning Commission on May 10, 1978 to consider public comment on the proposed subdivision and the granting of the conditional use permit for a neighborhood association beach lot; and WHEREAS, the City Planning Commission has given consideration to the application and has recommended, upon certain conditions, the grant of a conditional use permit and the approval of the frontage variances and approval of the proposed plat of Kellynne; and WHEREAS, the Chanhassen City Council has, by its resolu- tion dated July 17, 1978, approved the conditional permit application, subdivision request and variance requests of the Applicants, subject to and on condition that the Applicants enter into this agreement. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City"), of the Applicants' proposed plan, the granting of a conditional use permit to the Applicants herein to'deve.lop and main- tain Outlot A as a private beach lot for access to Lake Minnewashta, and the approval of the Applicants' frontage requirements variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the preliminary plat described in Section 27 below. a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. water mains; e. Storm and surface water drainage; f . Street signs; g. Boulevard sodding; h. Driveway surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2. Standards of Construction. Applicants agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the.City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in 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 material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Applicants. -2- 4. Schedule of Work. The Applicants shall submit a written schedule indicating thesproposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the dates herein- after specified for completion. 5. Roads, Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The Applicants agree to cause their engineers to prepare all plans and specifications neces- sary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including a final grading plan in and for said plat, said plans and specifications to be_in substantial accord with the proposed plans thereof prepared by Gordon R. Coffin Company, Inc., and dated _ _ , 1978, with the following modifications: --- i) The Applicants may,�,at their option, reduce width of improved street by up to twenty-one inches. ii.) All plans and specifications shall be subject to the final approval of the City Engineers. iii) Street configuration shall be governed by the Site Plan and Preliminary Plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administra- tor as "May 24, 1978 Planning Commission Exhibit A". b. As -Built Plan. Upon completion of construction, Applicants shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. Easements. Applicants, at their expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Applicants shall reim- burse 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 thereby by the Applicants. -3- 7. 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 Applicants, the Applicants' contractors or sub -contractors, materialmen, laborers; or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the.4pplicants 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 therefrom and the costs, disbursements, and expenses of defending the same. 8. Written Work Orders. The Applicants 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 Appli- cants without such written order first being given shall! be at their own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amount, which is equal to 110 percent of the total cost of the improvements as estimated by Schoell & Madson, Inc., the City Engineers,, as follows: Total Estimated Cost: $46,199.00 Escrow Deposit - 110%: $50,819.00 10. Boulevards and Driveways. The Applicants agree to furnish, construct and install, at Applicants' sole expense, the following improvements for the benefit of each lot within the plat in accordance with the preliminary plat described in Section 27 below: a. Boulevard sod, which shall be of uniformly good duality. b. Driveway surfacing within the public street right- of-way, the materials and installation of which shall be approved by the City Engineers. For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements ofo this agreement, Applicants, or their assigns, agree to deposit the sum of $ per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. 11. Erosion Control. Applicants, at their 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, sedimenta- tion and erosion of lands and roads within and outside the plat during all phases of construction, including construction on indivi- dual lots. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants, their agents or assignees upon the lands described in Exhibit A hereto. 12. ;Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 1 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after the completion of installation of the street lighting system, or after . of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement of,Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants'. sole expense. 15. Liability Insurance. The Applicants shall take out and maintain,, so long as the Applicants' obligations under paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for proPerty damage which may arise out of the Applicants' 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 $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Appli- cants shall file a copy of the insurance coverage with the.City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. -5- 17. Conveyance of Improver.ients. Upon completion of the installation by Applicants of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance 'by the City. 18. Buildinq Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential.construction within said plats upon payment of all fees and charges applicable to the issuance of permits. Applicants agree that issuance of a building permit on Lot 3, Block 2 of the subject plat shall be contingent upon determination by the City Engineers that soil conditions on said lot are adequate for the construction of a single family residence. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bitu- minous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Upon Default. a. Assessments. In the event the Applicants 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 Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements des- cribed in Paragraph 1 above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Applicants agree to pay the entire amount of the assessment role pertaining to any such improvement within thirty (30)' days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City -shall have a specific lien on all of Applicants' real property within said plan 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. -6- • b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall,reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within contract and permit to restrain or abate violations of 'the within contract and permit, or to prevent use of occupancy of the proposed dwellings.- 20. Special Conditions. Landscaping and location of struc- tures on individual lots shall be determined through discussions between City staff and Applicants or their assigns prior to issuance of building permits, subject to the following standards and conditions:' a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City staff and Applicants or their assigns, the City shall have the right, at the expense of the Applicants or their assigns, 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. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. d. Applicants agree to provide individual site drainage, basement waterproofing and footing drains for each residential structure to be constructed within the subject property. 21. Receipt of Engineers' Report Acknowledged. Applicants acknowledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated May 5, 1978, relating to existing water services and existing sanitary sewer services to serve the plat, and agree to -7- be bound by the determination of the City regarding any redistribu- tion of existing assessments, the imposition of future assessments for proposed lots for sanitary sewer and watermains. 22. Basements To Be Shown On Plat. Drainage and utility easements on all lots shall be shown on the final plat. 23. Trees To Be Provided. The Applicants shall provide each lot with one boulevard tree of a specie acceptable to the City Forester and of a diameter of not less than 1-1/2". 24. Basement Over Outlot. The owners, their heirs and assigns of Lots 1 and 2, Block 1 and Lot 1, Block 2, Kellynne shall have a perpetual easement over and across Outlot A, Kellynne for access to La}:c. Minnewashta, from the road shown in _the plat of Kellyne to the shore of Lake Minnewashta. 25. Restrictions On Use Of Outlot. a. Said Outlot A in the proposed plat shall be encum- bered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. b. No structure, dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in the waters of Lake Minnewashta between the easterly extensions --of the northerly and southerly bound- aries of said Outlot A shall be constructed or maintained by any person. No changes in the use of said outlot shall be permitted except by an amendment to the within conditional use permit or by a rezoning of the premises., C. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of this permit; and conditions may be added to the permit at any time if deemed necessary and in the public interest of the City following notice of public hearing and following public hearing thereon. 26. Address of Applicants. The address of the Applicants for purposes of this conditional use permit and variance contract is: 1233 `1'railwood North, Hopkins, Minnesota 5534.3. 27. Final Plat. The Applicants agree to proceed immediately with the preparation of their final plan which shall conform to their preliminary plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administrator as "May 24, 1978 Planning Commission Lxhibit A". 28. proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 29. Successors And Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. 30. Effect of Conflicting Ordinance Provision. The parties hereto acknowledge t at the plat described in Section 27 above conflicts with the 1i.teral provision for lot widths contained in'Section 8.06 of the Chanhassen Subdivision Ordinance. The parties hereto further acknowledge that in accordance with the above described resolution of the City Council approving certain variances to said Section 8.06, the proposed development may be platted in accordance with the prelimipary plat described in Section.27 of this contract and permit. 1 IN FITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. i i le Jame K. McClear Z- CarolyrAie McCleary STATE OF MINNESOTA I ss.. COUNTY OF CARVER ) CITY OF CHANHASSEN Attest: t�l a 'Clerk/Manager On this day of ' , 1979, before me, notary public within— awn for sai ounty, personally appeared and' a4t) - - - - , to me person- ally known, who, being each y me duly sworn, aid say that they are respectively, the Mayor and'City Manager of the municipal corporation. named in the.foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authorit of its City Co�nci1 and said ;, �(/�¢( ✓ and - A�, luu � a acknowledged said instrument to be the free act and deed of said corporation. U Notary Public County, Minnesota My commission expires :w,;, KAREN J. ENGELHARDT �t NOTARY PUBLIC - MINNESOTA STATE OF OREGON Z f� « CARVER COUNTY MY Commission Expires Oct. 11, 1985 S$ , w; COUNTY OF WASHINGTON On this lip day of June , 1979, before me, a notary public, wittC.n and for said County, personally appeared James.K. Mc Cleary, to me known to be the person described in, and wh-o execute -the"foregoing instrument, and acknowledged that he executed th.e same as his free act and deed. STATE OF OREGON ss. COUNTY OF WASHINGTON Notary Public Washington County, BUME]MOREGON My commission expires May 30, 1982 On this 14 day of June J. 1979, before me, a notary public, within and for said County, personally appeared Carolynne McCleary, to me known to be the person described in, and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Washington County, T4VRqFjP6CM0REG0N My commission expires ay 30, 1982 Plat of Kellynne E X H I B I T A All of the Northerly 333.7 feet of Government Lot 4, in Section 8, Township 116, Range 23, Carver County, Minnesota lying West of the Westerly shore of Lake Minnewashta, excepting the Westerly 150.0 feet of the Southerly 191.7 feet of the Norther,l,y 333.7 feet of said Government Lot 4, and excepting that.portion lying within the right of way limits of County Road 15 as now laid out and constructed. e 77, IW �I I f