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SKM_C750i18031711000
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I' r _*1 ficute ��' � =noFB r- T�— File No. :113 off OWNERS DUPLICATE. CERTIFICATE Transfer from No. 91.76 _ _ Originally registered the 29h — t —day of Dec ember 19 53 Volume 9 page 10� •.ltc�fe a�r�Gl�dv/te�d�cc' , SSV/ �. � 1 l/r%tiJ 1/C�.flGffL i�lr� RODMT J, RaCHRT, single 79ar�xtJ .o� `Ganven n/r l�e pox 332, City �Ucucx! f a� Carver is Hers !% vr.'1C 'trtceslat !n',rwif- in fee sin Excelsior Minnesota to/liucrrt� c�e.9cxu/rclrt�rrCditralcrirx. !fe <C�cvrxl� .�' 70a�rU[n caxcl J.ale GCrinxcs�lir.. .rrul r Outlot B, Reichert's Addition, according to the plat, th-reof en file and of r-cord in the office of thF 'Zegistrar,of T� tl-s, „�✓�`/}� �/" •C-arvar County, Minnnsota. sir eCC l/ cubjart to the fifty Prr Cent (50X) intnrPst rf Federal Faun Mortgag= Cornorati= +L/ in all mineral rights resPrv-d b r d==d r-corded in Book Forty-three (L3) of Deeas ?age Six Hundr,d Twenty One (621). ,7n�ir/ /» /�i<' fnlnm�rnpr�•J, !ri'nJ a��n��r/iur<rcJL nnl.d ���f r�ie. mrne((a��Yirrl nni.'rnrYi//.•n nY FndorJ<d �i.•rrnn: an./erif irf rn r/ir frll rixn9 Yi�liLl rnrnmrirnnrl dniJi�'n9, nJ�is•»rur/ed in .7r�iyr. .908.2J .. �ftenn �, ,I/a/r/rv, nrrrnrlr/: /..�( r i'nl, r/nuns, r,rr f!i/,�arivn�or.P.[<3Ill�Hnr/rw Llic �rnlr,r lir».mne/ibrlon �/�. ��liir�<i.1/r/ey: m��-!i. /�i�r� <rrnnnrY<'�N<Ir I»a/f`trna.�tmri%' +. ��. �r•n � anr/ !r[.r.oi:"J�erv'irr! �.kirnen//nrn�brr✓r !�� /riad n/rJ nnL r�i'<'n .rr�/nr/� rlrl» <�r�ic+a•r/�imrr ��rr!/: .�. •��i�.len4•,nr n./Irrirr/, nrr e,r<re./" / "', yr.•rrr.Y,114w /Zr.•rn b.ar'ranlrrrr�n/rivr �/� /irvnu.Mb i/rrrrnor��r: �. . rf/!!-YIIIX/j Rn //Irlrrr�.nG'O:t Ir/IMI /�f (ILnI�' J. . �arli rfi�lirn�ni�Fi r� Jr�r•� a�l /.� n/i�v<ir aar<L mnrrJf /�. n/r/rliinl on-, � rJ nllivra•rr r��/�,i r'�r�r/im: 6. .�� -,. /�1 nf'an��Ferwn..in �iatir�i»n- nnr/r'Y ra!or.mn/ nfif �/ad�rom Ile, rw: — �/iic eerG�rnG �f�. %rinr/,ivea;.1 Rohert J. Reichert is no_t_ annrried _nnd � undrr dvar�ilry. `inn �1:9itness�hcr¢oE, .J,Firm leerern/r,:fn�urri�cr% nr�. narxr anar ��',rr'r//lie.sr'alri nrri `3`�"' f/re- 27 It U: ~ A.?i. _ _ Rh.'GISTR R OF TITLES Jan>mxl,�ow l�e �P ai�c� 'Ka xnrnr ,card .7tdra yt°��reneeoGs. .�«•..o.ru co...�.u.o��• By � � nr'ou rr /,,f'�`.,iYir✓s,1: �rrreoas'rNJ"iI'�firri,1tr���rr�.fr/s:�r-rrlvr/�ir.�le�Crrilifr�iir r,C.�lfr tivrtsr•ie,r�iir»r/„ s� OOCUMENT II KIND NUM P-R IN STR DATE OF REGISTRATION DATE OF'.I INSTRUMENT I AMOUNT NNING IN FAVOR OF .I S16NA%RE OF RF.6ISTRAR - MONTH DAY YEAR HOUR AM. R.M. C- smarchl' 2�gl,o %fin A ,i i `5 • r 3 march ?� T nW 1 i_; '.978 .n, 1., .- -f' Cc �t nr y R t ^t ap Ins-+ r..1 ri r3.3 tli.. •"! �. A 32486 ower of ttorney Oct. 22 1980 13 Sept.26 1980 ameS D. MacKinnon, NorK particularly described in Doc. :3249,- T r ( (0_ . r4 i IF ----F P'ila -5913 VOLUME 32 PAGE 276 e�P,y 10988 ROBMT J. 11=71E?T, single OWNER CARL W. HANSON REGISTRAR CHASKA CaruPr ( orwrY IW.N.E � YA: r) wo- 8 I Quit claim D-d. Form No. 28-M. nr J D—i, co., Individual to CorpoMion. blinncsura L'ni(onn Convcvanri-np I3Lnkl Rcvl,cd 19-6 lgbig Inbenture, .Made this....... Vth...............:..._day of. _.Au.gust............................... ..., 1981......., between . ................. ..Robe.rt..J.. Reichert_ and Dorothy..Jean...Reiche.rt.................. ............... ......... ofthe County of ........... Carver...................................................and State of........ .......... Minnesota ............. ...................... _.......... I part....... of the fcrsE part, and...the...�lt.I...........Chanhassen.a.......j..nr!.esota......................................................................... ......................................................................................_....................................................................... -............................................................................. ., a corporation under the laws of the State of......P.11.pn0.S0.t.a................................................ party of the second part, fitnegoelb, That the said part.les.. of the first poNt in consideration of the sum of ......................... -............................................................................ ... ................... -................. ..... ...... ............................... -....-...-....-...-.....DOLL.4BS, .........them .............................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do........... hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its suessors and ass!gns, Forever, all the tract...... or parcel...... of land lying and being in the Count o carver and State of Minnesota, described as follows, to -wit: Outlot B, Reichert's Addition, according to the record plat thereof on file and of record in the Register of Titles, Carver County, Minnesota. Subject to the Fifty Per Cent (50%) interest of Federal Farm Mortgage Corporation in all mineral rights reserved by deed recorded in Book Forty-three (43) of Deeds, Page Six Hundred Twenty -One (621). ilro babe anti to ,both the 6dllle, To,lether with all the. heredi.ta.ments and appurtenances there - unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. In Tegtimonp Wber0f, The said partl.es .. of the fist part ha.Ve.... hereunto set. their ................. haiuls the day and year first aboz'c written. 4r- ++r.. w a• v...,.. _., .. -t ....... .. - r.. .. (..c;..:.. ...... .. .... _... ✓obert J. the �..,... Dorothy Jean'Relchert ....................-.... .......... ...... ........... ...... ........... .................. _............ _.... zz lssa�ppy)t %, iisSi NYd '.zotstaax;� ............ ...._... _...._. _...._..... caper,) SL Xog _ �zagaiag •r g.zagog (YSYri No 911110 A9 031JVH(3 S`dM 1NgwnnSNl SIH1 f .... _. __.........._...... _.._ _....._...__.......__........ ._.___. _.....__. .. ' Az2nu2r (J.n:13\'JR3'IA1()ty Y.IY :)\tYF'1 �(Y--Yt.1 i()b :�ISl.l.AN!IIS) Sa.ITdXq. UOTSSTI1111Tp7 XIAT 'P"lr)sa[RITr.f '/Z;.TTTI(l(') ya8.•z.,.rwb•3 Dew �Ayy� uiuduuceH -of-Ecind Aiw40N 'b.zdgU 11 CnPd auwYelaao�wnau+s�,�a��ulv�Onla7�'1d (R3ou mov e:)r s(nx-1a an ilcrNl 'JH3so m-tnvd •a3Tm Put Puugsnq iq O-ru2ar AggOaOG Put g.zagOTag •r }z qo t8 cI ` .. snbn� to l;ul ..0 oZ ..................... ................... ...... ...............�o h�unoa NIdHNNEH s' `Vao,63uu11¢ 10 as �c R. J. REICHERT Real Estate Appraisers and Consultants La Trobe Street Post Office, Melbourne 3000, Australia. AI.: sv4jI✓IS/e..r 400 (I-Cch a 4of a o %) aN 7h P P ,& c�s43 to %, -IYcd' 6/4th4 jj/AjF -Vo Q o of o f A q vf. r. c o P y d f -AL P P S/J .1 R 140,040fIfto' Ca,,,,MtSS� P z s 46" *d L C.h-J P s - f.- , 43; 0 4 L � cco Q CoP % I �� of �rYej 67 - Raj s �..� p o w� ✓,,,,�K Jai -wary 27, 1971 . . Arleigh Q. Smith 03*j East Wayzata Boulevard ..yzata, Minnesota Re,: Registered Land S rvey, Reichert Propert.. 4t� have received tentative approval of the Registemd Lanc, Survey at the Planning Commission meeting which was held on January 26, )971. This approval was contingent upon Lots Fo ii and H belnj designated as o than utlots. It was also noted that ti-M dates -All have to be jad to t71- ?)ease proceed with your certification any adt. them. cassary notations to your survey. I All contact USP to a4vise that the land has been platted as per aigreemnt an t1tat we will furnish them4th a copy of this Ragfstere4 Land Survey. Wi4ao t1 survey Is ready for all signatures I will pick It up and 4ellver to the Chanhassen Planning Commission and Cnanhassen, Council for their signatures. itank you. Sincerely, Robert J. Reichert RJR*- cc; OW Northrop HC Arnes, JL Neveaux A Tessnass,--' • October 24, 1969 -R.J. Reichert .dumber Une '.*Oonka Building Bxcelsiorr Minnesota 55331 SUBJECT: Proposed Plat oear Bob: After receiving your letter dated October 21, 1 69 , 1 feel there are a number of items that you should 1)c aware of in regards to our Plattinq otdiftAxwe. terns such. such as underground services are covered in this Platting ordinance, and as I have explained to you, underground utilities are required in all subdivisions. (A subdivision is a division of any parcel of property into two (2) or more parts.) I ant sure that the Planninq Commission would not want to take under consideration just the relocation of power lines until you are ready to submit a sketch plan or a preliminary plat. Your first step to save both your time and the Planning Comiissionis time should be to present a sketch plan of what you propose to do, before you proceed with a preliminary plat. 'When you propose to proceed with this subdivision you should contact me for time on the Planning Co=tission Agenda. The next Planning Commission Meeting is on November 18,, 1969. I am enclosing a copy of our subdivision ordinance for your information. There is a $3.00 charge for each copy. If you do not desire to keep the copy of this ordinance, please return. Thank you. Sincerely, Adolph Tessness Clerk -Administrator AT: sJ Enc cc/Robert Scholer Planning Commission Chairman f if I ool � jj 40 February 2, 1971 Robert J. Reichert Tonka Building Excelsior, Minnesota 55331 3U13JECT.- ?roposeCl Subdivision Dear Bob.. I am sending this letter in hopes to clarify the pro- cedure which you will have to follow,iii platting your property. I feel that the letter dated Jipuary,27, 1971, to Arleigh Smith, did not indicate that you underit e proceaure outlined in Ordinanca #33. The motion that t�e Planning mmission made at their January 26, 1971, meeting, was that ou proceed to preliminary plat (not a Registered Land Survey, as stated in your January 27, 1971, letter). Section .-: of Ordinarice 33, clearly outlines the procedure you must follow for filing a preliminary plat. One of the steps as outlined in Section 6, Sub -paragraph F, is that the Planning Commission shail hold a Public Hearing before submitting its recommendations to the Council. Section 'Y natlines in detail the required date for the preliminary plat. If there are any further questions, please contact me. Sincerely, Adolph Tessness Clerk -Administrator AT: f c cc$ John Neveaux Arleigh Smith TG -$ May 9, 1977 Mr. Cliff Stahlke, Supervisor Northern States Power Company Box 10 Excelsior, Minnesota 55331 Re: Utility Easement, Reichert Property Dear Cliff: Enclosed please find a copy of the proposed plat along with the N.S.P. sketch which was part of the original easement agreement signed July 1, 1970. Since this platting is corning up for final approval on May 11 I would hope that we can finalize the plans for underground service along the line fin red) described in the utility easement agreement. If you have any questions or suggestions regarding this plat please call me. I'm Enclosing a copy of the Notice of Public Hearing in case N.S.P. would like to be represented. The meeting is this Wednesday at 9 P.M. in Chanhassen. Although this is short notice, I suggest you send a copy of the easement agreement to Bruce Pankoni.n, City Planner, for his review and approval. Thank you for your patience and cooperation, Sincerely, R. J. Reichert RJR:jl cc: Bruce Pankonin, City Planner Chanhassen, Minnesota 55317 MAY1977 RECEIVED c- VILLAGE am �CHANHASSEN; , G"n MIND[: `-'00 CD O• 0 •Q y , uaLu� snl p y 606/ N aae suci en a a ° /PJ171pN Jo . dad / l/d •suIl p_osa� �E�^ f p uuiW o� buipao7�L ° `8961 = 'L1.L'4/ nala "'em un"oa� 61 �Sl .ra7cua4das fo se x, it y �tio w�' ti �OeN n ti O x v I� ti �\ 6 a° 00,9 ,g-v\ \ / 0 pgI V ' _A00 05 •Sea1N 0i��til -Vs REICHERT'S ADDITION r`� ... f. �.'ltoE.RLS. No. v ,-�'. N06'2G"F. Meas. JUDICIAL LANDMARK,�� �JUOICIAL LANDMARK •_ .. BEARINGS SHOWN ARE ASSUMED EGAN FIELD B: NOWAK INC.•c35.r DENOTES IRON MONUMENT SURVEYORS A SCALE: I INCH EQUALS 50 FEET I C3�9j1tip'M<s.. 15pj . \ \Z 9 \06ph9 y9 �� �cW'b'ytiU, 4 t] i Y O n U p Re1NAGf AND UfIU fY EASE ME h75 ARE SHOWN INNS: \ \ hi P. 11, Zg< Op Up +. ._a• �O A k9 1 ti 15 5 EN•'dng 6 peel in w/h, unless otherwis< ind%c, led, and Al. +b5' g0•/ ` adje:n%,y s%de Let Gnes as shower on /he plat and /f peal % V' �2 \ °v B33 p0 0 -N• m w.dfh ,nd dje;n: y rear /af c^re as ,hewn en the pvl. t / \S, \ \ �, d1 1�0 / N/ V. Wafer el<ra Hon: 895. 89 reef / \4; ,� 'hyy;'Ok 5 �•• G i- +•^t as of September 15, 1977, / ; `\, :Y•' \ \ 3r �1 k �,�� 9�1 .� ra N:<hesl keo,rc .ale, <le-fi— . 9f as Aeru : fNjf / ...\z �,� !� C •• �y 3y951 e' 639 \e •N• �( ,cror0;nq fe1.1.. Dece of Naiurel Reeources. A/l elev,.'ians are A'.0 VD. 15,9 Aojwfm,n! Je byh 4,. /, °to A. '\ �"Ss.; sr \ \ \ 5bpy a3 \i�`-M.OG -• 0—�-=-11 s.a5— — 111 •-�^a� v. 5.2'14'30"E. + 2 \. �`�.� F tv, 1 10. log, �``; eer03 \\D'R' Cenle, Ilne•or Lake Platf'� f. •• N e,g^``� _ F!° now known as p/essanf Vie • Y',` i. Road vq . I 00 BENCH MARK: I. . ep:ke ;n f,ce t P.—pale 19 fedr i Soulhe.ly of {he Seufh- y;y b � e 1e!lock1 rla.Y. D.• 00 9f0.fed. (N. C. Y. D. 15Z9 Adjustme,f) r.� —�('o-8 STATE OF MINNESOTA ) .ss. COUNTY OF CARVER. ) DON ASHWORTH being first duly sworn, on oath deposes and says that he is and was on APRIL' 19 ig 77 the duly qualified and acting City Clerk -Administrator gf the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a ROBERT REICHERT SUBDIVISION AND REZONING in the City to the persons named on attached Exhibit "R by enclosing a copy of said notice in an envelope addressed to such owner, and.depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those apPearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records 21. DON ASHWORTH Subscribed and sworn to before me: this 2� day of 19 717 Notary Public KAY nLiNGELHLJ - NOTARY PUBLIC • MINt OT;� } CARVER COUNTY My Commission Exr,ires Jan. 30, 194 r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING AND SUBDIVISION OF LAND FOR ROBERT REICHERT, CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN THAT the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, May 11, 1977, at 9:00 o'clock P.M., at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing on a proposed rezoning of land and preliminary plat for Robert Reichert and involving the following described 7.8+ acre tract of land: Tract B, Registered Land Survey No. 14, files of Registrar of Titles, Carver County, Minnesota. EXCEPT That part of Tract B, Registered Land Survey No. 14, Carver County, Minnesota, on file and of record in the office of the Registrar of Titles, lying Southerly and Westerly of the following described line; Commencing at the Northwest corner of Tract A, Registered Land Survey No. 18, Carver County, Minnesota, on file and of record in the office of the Registrar of Titles; thence North 70 degrees 54 minutes East along the Northerly line of said Registered Land „Survey No. 18, a distance of 469.60 feet to the Northeast corner of said Registered Land Survey No. 18, which point is the actual point of beginning of the line to be described, and which point is on the center line of Lake Street, as now laid out and traveled; thence Southeasterly along the center line of said Lake Street on a curve having a radius of 345.76 feet, and a delta angle of 18 degrees 13 minutes 41 seconds and a distance of 110.0 feet, (said curve having a chord of 109.53 feet and a chord bearing of South 39 degrees 14 minutes 30 seconds East); thence South 2 degrees 14 minutes 30 seconds East on a straight line to the Northerly Shore line of Long Lake and there terminating. A plan showing said proposed rezoning and preliminary plat is available at the City Hall. ,�3 All persons interested may appear and be heard at sai.d time and place. BY ORDER. OF THE PLANNING COMMISSION Bruce Pankonin, City Planner Dated: April 18, 1977 Published April 20, 1977 in the Carver County Herald. REICHERT APPRAISALS Real Estate Appraisers and Consultants P. o. BOX 332 /;EXCELSIOR. MINN ESOTA s5331 / TELEPHONE (6121 474-7229 March 30, 1977 Mr. Bruce Pankonin City Planner 7610.Laredo Drive Chanhassen', Minnesota 55317 Dear Bruce: I. Please put my name on the Planning Commission agenda for April. I wish to resubmit the proposed subdivision of lands at the north end of. Lotus Lake. I have asked Vern Nichols of Egan; Field and Novak to send you ten. copies of the revised sketch plan. As dis- cussed, there will be nine lots and '.five outlots.. I agree with you that there should be restrictive covenants' on these outlots which would protect the natural.environ- men t . One of the outlots (outlot E) would be the only outlot to include beach and docking facilities for this entire sub- division. The rest would provide privateaccess to the lake for those lots which front on Lotus Lake These areas would be restricted to canoes.and small boats which r �_ do not require docks. s I am requesting approval of this 'subdivision plan subject. to acceptable restrictive covenants. Since Twill be out of town for a week I hope you receive everything you need from surveyor. Call 474-7229 and leave a message if there is anything else that I should bring to the Planning Commission meeting. Sincerely, R� J.4--I eichert RJR: jh July 17, 1986 Mr. Roger Knutson Grannis, Campbell, P.O. Box 57 St. Paul, MN 55075 Dear Roger: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 * CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Farrell & Knutson Attached is the Development Contract for Reichert Addition on the north side of Lotus Lake. The subdivision consisted of 9 lots and created 4 outlots, 3 of which are for lake uses. Section 2 of the contract allows the erection.of three docks with overnight storage for boats at each of the docks. Docks have not been installed before the effective date of the Beachlot Ordinance; however, it appears that the beachlot has been used for swimming and other passive uses. If the homeowners wanted to install the dock, is a conditional use permit required? Which document prevails, the Development Contract or the Beachlot Ordinance? Ve tI you Barbara Dacy i City Planner BD:v Enclosure DAVID L. GRANNIS - 1874-1961 DAVID L. GRANNIS, JR. - 1910-1980 VANCE B. GRANNIS VANCE B. GRANNIS, JR. PATRICK A. FARRELL DAVID L. GRANNIS, III ROGER N. KNUTSON LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON PROFESSIONAL ASSOCIATION POST OFFICE BOX 57 403 NORWEST BANK BUILDING 161 NORTH CONCORD EXCHANGE SOUTH ST. PAUL, MINNESOTA 55075 TELEPHONE: (612) 455-1661 July 24, 1986 Ms. Barbara Dacy City of Chanhassen P.O. Box 147, 690 Coulter Drive Chanhassen, Minnesota 55317 RE: Reichert Addition Development Contract Dear Barb: TELECOPIER: (612) 455-2359 THOMAS L. GRUNDHOEFER DAVID L. HARMEYER M. CECILIA RAY ELLIOTT B. KNETSCH Your letter of July 17, 1986, asked if the Reichert Develop- ment Contract, dated March 17, 1978, supercedes the Beach Lot Ordinance. In my opinion, the Development Contract does not supercede the ordinance. Minnesota Statute § 462.358, Subd. 3c states: Effect of subdivision approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Nothing in the Development Contract specifically exempts the development from amendments to the City's ordinances. Under the statute quoted above, ordinance changes are applicable two years after final plat approval unless the land owner will suffer "substantial financial damage." I would require the land owner RECE.-i D J U L 2 51986 CITY OF CHANHASSEN Ms. Barbara Dacy - Reichert Addition July 24, 1986 Page Two to go through the C.U.P. procedure if decision on whether to grant a C.U.P. ation whether "substantial financial denial of the permit. RNK:srn docks are requested. The should take into consider - damage" would result from Very —truly yo s, GRIANNIS� IS , A &,L- SON, P.A. l BY. . Knutson L TO: Bill Monk, City Engineer or To Whom It May Concern City of Chanhassen 690 Coulter Drive Chanhassen, MN RE: Owners Duplicate Certificate of Title No. 10988 Legal Description: Outlot B, Reichert's Addition, Carver County, Minnesota This letter hereby authorizes you to release to attorney Michael T. H0ekstra, 1415 E. Wayzata Blvd., Wayzata, MN 55391 the above Owners Duplicate Certificate of Title' � i — Dated� r ber .-Reichert /r ^' ` /c / 117, ^ /' /lu^^ � �' / ( /^r— .Y / ' ~~ Pr CITY OF CHANHASSEN REICHERT'S ADDITION DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this )7'6 day of M4kt fi , 1970, by and between the City of Chanhassen; a Minnesota ihunicipal corporation, hereinafter referred to as the City, and Robert J. Reichert, hereinafter referred to as the Developer; WITNESSETH: WHEREAS, the,Developer is the fee owner of certain lands situated in the City of Chanhassen and the County of Carver which abut Lotus Lake, said lands being more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer has made an application under the City Subdivision Ordinance for City Council approval of a single family residential development preliminary plat of said lands, said plat to contain approximately nine (9) lots and seven {may outlots, and to be known as Reichert's Addition; a copy of said preliminary plat as prepared by Egan Field & Nowak, Inc., surveyors, being attached hereto as Exhibit B, and hereinafter referred to as the Plat; and WHEREAS, the City Council, by its resolution passed December 5, 1977, has approved said preliminary plat, subject to and on condition that the Developer enter into this agreement; and WHEREAS, said lands encompass certain environmentally sensitive shoreland areas; and WHEREAS, the undersigned parties each acknowledge that unrestrained development and urbanization of the lands abutting the waters of Lotus Lake would have an adverse effect on the environ- mental, economic and recreational values of Lotus Lake and on the lands abutting Lotus Lake; NOW, THEREFORE, in consideration of the foregoing premises and the acceptance by the City of the preliminary plat of Reichert's Addition, the City and the Developer agree as follows: 1. Outlots to be Reduced to Four in Number. The Developer agrees to revise his plat as follows: a. Outlots B,C,D, and E, as depicted on said plat shall be combined into out outlot to be designated hereafter as Outlot B. Outlot A shall remain as depicted on Exhibit B. - 1 - b. Outlot F as depicted on said plat shall be redesignated as Outlot C. C. Outlot G as depicted on said plat shall be redesignated as Outlot D. Hereinafter, said outlots shall be referred to as redesignated in this paragraph number 1. 2. Restrictive Covenants. Contemporaneous with the Developer's submission of his final plat to the Chanhassen City Council for final plat approval, the Developer agrees tosubmit to the Chanhassen City Council, for its approval, the following documentation: a. Documentation for Outlot B. A declaration of covenants, conditions and restrictions which shall create a home owners' association consisting of the owners of any two or more of the nine lots in Reichert's Addition. i) Said declaration shall also provide that Outlot B shall be dedicated as a common area to be devoted to the common.use and enjoyment of the members of said homeowners' association. ii) Said declaration shall also provide that the Developer, in his capacity as declarant,'covenants for himself, his successors and assigns, that they shall convey the common area to said homeowners' association not later than December 31, 1982. iii) Northerly restrictions. Said declaration shall provide for the following restrictions on the use of Outlot B except that portion of Outlot B which lies south of the northerly line of Lot 9 as depicted on Exhibit B and extended westerly. l A. That no buildings, roads, driveways, signs, bill- boards, docks, or. structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises, or in the waters abutting said premises. B. That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on said premises or in the waters abutting said premises. C. That no marsh land vegetation located on said pre- mises or in the waters abutting the said premises shall be destroyed or removed. - 2 - D. That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises. E. That no motorized boats or motorized water craft shall be launched into the waters of Lotus Lake from said premises. F. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. G. That no -activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the public waters abutting said premises. iv) Southerly Restrictions. Said declarations shall provide for the following restrictions on the use of that portion of Outlot B which lies southerly of the northerly line of Lot 9 as depicted on Exhibit B, and extendad westerly. A. That no road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. B. That no docks, except one small boat dock providing boat moorings for not more than a total of three (3) boats, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. C. That, except as provided in paragraphs 2(a) (iv) (A) and (B) above, no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be .allowed to remain upon said premises or in the waters abutting said premises. D. That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the said premises or in the waters abutting said premises, except as necessary for the construction and ordinary main- tenance of the dock described in this paragraph 2 (a) (iv) . - 3 - E. That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. F. That no loam, peat, _gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(a) (iv). G. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. t H. That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and b. Documentation for Outlot A. A declaration of covenants, conditions, and restrictions which shall govern the use of Outlot A. Said declaration shall provide: i) That, except for one boat dock providing mooring space for no more than two boats, no buildings, roads, drive- ways, signs, billboards, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot A or in the waters abutting said premises. No more than one dock shall be permitted upon said premises or in the waters abutting said premises at any one time. ii) That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot A or in the waters abutting said premises. iii) That no marshland vegetation located on Outlot A or ih the waters abutting Outlot A shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot A or the waters abutting Outlot A. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot A or in the waters abutting Outlot A. - 4 - vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon Outlot A or in the waters abutting Outlot A; and C. Documentation for Outlot D. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot D. Said declarations shall provide i) That no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot D or in the waters abutting said premises. F ii) 'That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot D or in the waters abutting said premises. iii) That no marsh land vegetation located on Outlot D or in the waters abutting Outlot D shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot D or the waters abutting Outlot D. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot D or in the waters abutting butlot D. vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon Outlot D or in the waters abutting Outlot D. d. Documentation for Outlot C. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot C. Said declaration shall provide: i) That no road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. ii) That no docks, except one small boat dock providing boat moorings for not more than one boat, shall be placed, constructed, or be allowed to remain on said .premises, or in the waters abutting said premises. iii) That, except as provided in paragraphs 2(d) (i) and (ii) above, no buildings, roads, driveways, signs, billboards, - 5 - docks, or structures of any .kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. iv) That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the same premises or in the waters abutting said premises, except as necessary for the construction and ordinary maintenance of the dock described .in this paragraph 2(d). v) That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. vi) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as, necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(d). vii) That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. viii) That no activities detrimental.to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and 3. Execution of Declarations. The Developer agrees that all of the shall be executed contemporaneously contained on the final plat. 4. Recording of Declarations. above described declarations with the instrument of dedication Upon approval by the Chanhassen City Council of the above described declarations, the Developer agrees forthwith to file and record said declarations in the office of the Carver County Recorder;.and the Developer further agrees that he shall attempt no conveyance of outlots A,B,C,D, or any part thereof, except conveyances subject to the above described declarations. 5. Term of Restrictions and Enforcement. The Developer agrees that said declarations shall run with the land and shall, by their terms, be binding upon the Developer, the declarant, - 6 - � � Y and all persons claiming under them for a period of thirty (30) years from the date that said declarations are recorded, and after that term said declarations shall be automatically extended for successive terms of ten (10) years unless an instrument signed by all of the then owners of Outlots A,B,C, and D has been recorded agreeing to change said declarations in whole or in part. Said declarations shall not be revocable during said thirty (30) year period without the prior written consent of the City. Said declarations shall provide that if there shall be a violation or an attempt to violate any of the terms of said declaration, the City of Chanhassen or any person or persons owning any real estate situated in Reichert's Addition may prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate said declarations. 6. Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the per- formance thereof by the Developer. 7. Buildinq Permits. The Developer covenants.and agrees that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the above described declarationshave been filed and recorded in the office of the Carver County Recorder. 8. Remedies Upon Default. In the event the Developer shall default in the performance of any of the agreements herein contained, the City of Chanhassen may pro- secute any proceeding at law or in equity to enforce said agreements. 9. Sale of Outlots A and C, and D. The City of Chanhassen agrees that Outlots A,C, and D may be sold to any person or persons without regard to whether such person or persons own any lot in Reichert's Addition. -- 7 - 10. Successors & Assigns. It is agreed by and between the parties hereto that the agreements herein contained shall be binding upon andinure to the benefit of their respective legal representatives, successors and assigns. Consents to this Agreement: RIM , CITY OF CHANHASSEN By Mayor Attest: 41 City Clerk/Manager i ROBE J EICHERT 8 - CITY OF "` R CHANHASSEN 6A 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 January 9, 1984 Mr. Robert J. Reichert Business Study Department Massey University Palmerston North New Zealand Dear Mr. Reichert: Since our last meeting I have resurrected the file concerning Outlot B of Reichert's Addition. The City does indeed have the Owner's Duplicate Certificate of Title and a deed conveying said outlot from yourself to the City. Unfortunately, the City never recorded the deed (dated August 20, 1981) and the taxes have gone delinquent. At this point there are several options as to how to proceed, however, 3 ::ill mcnticn the following as my recommendation. Do nothing and allow the property to go tax forfeiture so that it i.s put up for sale by Carver County unless the neighborhood association gets its act together and moves to purchase in the meantime. The State DNR will then have first option to acquire the property as it is adjacent to public waters. Should they not acquire the property, the next in line is the City. Either way the property will be protected for future public use unless the association moves prior to the forfeiture proceedings in order to acquire the outlot for their use. After you have had time to think this over, let me know what you think. Si)rely, a �C:: Don Ashworth City Manager DA:k MARY ELLIS PETERSON LEGAL ASSISTANT OF COUNSEL HARVEYE.SKAAR MARK C. MCCULLOUGH AuSSELL H. LARSOX ATTORNEY AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Bill Monk Chanhassen City Engineer Boc 147 Chanhassen, MN 55317 Dear Bill: July 26, 1983 TELEPHONE C612) 333-I5II CERTIFIED MAIL RECEIPT REQUESTED Re: Outlot B, Reichert's Addition In accordance with your request of several days ago I. enclose herewith the following documentation relative to Outlot B,-Reichert's Addition: a) Correspondence 8/26/81 to DWA from Bob Reichert. b) Correspondence 9/4/81 to RHL from DWA. c) Correspondence 9/9/81 to DWA from RHL. d) Original of Owner's Duplicate Certificate of Title No. 10983 covering Outlot B,.Reichert's Addition. e) Original deed dated August 20, 1981 from Reichert to City covering Outlot B. As you know, the deed and owner's duplicate certificate title are critical documents, the loss of either of which would necessitate legal expense to replace. Therefore, I suggest that these documents be kept in a place of safekeeping until decision is made on the issue of whether the City is to accept title to Outlot B. Should the City accept the lot, the deed and owner's duplicate certi- ficate of title must be filed with the Registrar of Titles. In your conversation with me you also mentioned Outlot C. I have not made an in-depth examination of my file, but my recollection is that Outlots A,C and D of the final plat were to remain in private ownership. Please call if further information from th.��,office is required. er t y rs, RHL:lls :4ftM RUSSELL H. LARSON RECEIVED 1983 CITY OF CHANHASSEN LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333-I511 OF COUNSEL September 9, 1981 HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth` Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Outlot B / G" ReichertSAddition ��.✓�� Dear Don: In response to your memorandum of September 4, 1981, regarding the tender to the City of a deed to Outlot B, Reichert's Addition, please be advised as follows: 1. We see no potential legal problems between the City and any homeowners' association which might be formed to hold titlet)o the lot, provided the City recognizes that it is obligated to convey the outlot to the homeowners' association when and if formed. 2. I do not believe that the Council needs to review this request. 3. There will be no significant cost either through our office or that of the Registrar of Titles by accepting this deed. However, the premises are subject to real estate taxes payable in 1981 in the amount of $139.86 and these should be paid by Mr. Reichert before we file the deed. There are no delinquent taxes against the property according to the County Auditor. Please advise what our course of action is to be in light of the above. We will retain the documents in our file pending your reply. • IE `r •Very ,truly yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:ner SEP 10 1981 CITY OF CHANHASSEN CITY" -OF cHANHAssEu 690 COULTER DRIVE • P.O. BOX 147. • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Attorney, Russell Larson FROM: City Manager, Don Ashworth DATE: September 4, 1981 SUBJ: Reichert Addition - Outlot Please review the attached documents regarding the outlot (conservation area) required by Mr. Reichert as a part of the plat of his property on the north side of Lotus Lake. It is my recollection that the outlot was to be deeded over to the homeowner's association to insure that conservation requirements were maintained. It is my understanding that Mr. Reichert has had difficulty in getting the property owners involved to create the association and, therefore, to provide a legal group to which this deed can be assigned to. Further, as Mr. Reichert is now living out of the country, he is fearful that, without his or an association guardianship, that the property may go tax forfeit, be inappropriately used, etc. I concur with his concerns. Regardless.of whether the City has the right to legally stop any improvement of the outlot area, such may be too late if a third or fourth party owner has already hauled in 40,000 yards of dirt as a part of a weekend job. Mr. Reichert's question is simple "Will the City accept the deed for this outlot until such time as the association clearly accepts the responsibility as originally envisioned within the platting approvals?" My answer would be "yes", but I seek your input prior to officially doing so. Specifically, "Does the City create any potential legal problems between ourself and the association by this acceptance?", "Do you believe that the City Council needs to review this type of request?" and "Is there a significant cost to the City, either through your office or Registrar's, by accepting this property?" C August 26, 1981 Mr. Don Ashworth City Manager Chanhassen, Minnesota 55318 Re: Outlot B Lotus Lake Dear Don: As we discussed, I have advised all buyers of land in Reichert subdivision that the deed to the outlot is now available to the owners association. In subdividing this land, I was advised to follow the city attorney's recommendations for the restrictive covenants (which included a requirement for me to deed outlot B to the association "not later than December 31, 1982"). Since I am now living in New Zealand, I will not be able to guarantee that this land will not fall into "other hands" before these owners form an association and are capable of accepting the responsibility. So I am now enclosing this deed and the certificate of title. Please record and hold this "common area" until acceptable bylaws are furnished. If the city is not willing to act as the holder of this land until the association is ready and willing, please send the deed and certificate of title to Bernie Schneider at the State Bank of Chanhassen. I thank you for your past interest. Sincerely, R. Reichert cc: Bernie Schneider, President Chanhassen State Bank RECEIVED AUG 27 mi CITY OF CHANHASSEN James D. MacKinnon, Attorney CARLISLL; MADSON JACK T. VOSLER JAMF.S r. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON `NILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING 7 qq SCHOELL & MAOSON.INC. ENGINEERS AND SURVEYORS 7601 , 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 22, 1978 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: East Lotus Lake Reichert & Metzig Subdivisions, Our File No. 9058-C. Gentlemen: Reichert's Addition includes nine (9) lots. Since the original Parcel 955DO was assessed nine units, there will be no additional assessments and the originally assessed $55,710 should be equally divided among the lots ($6,190 per lot). We attach a copy of our August 3, 1978 letter regarding the Metzig assessment. If you have any questions, please contact us. Very truly yours, SCHOELLL & MADSON, INC. • �,�i�, Lf %�i�tih��,wd/H'3 y� lJ T 41, WJBrezinsky : bk enclosure 001,l Ali ✓//ti/,C. . 10 � i4 ....�.... o-. �F�-� �f �• __....-- ... R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants P. O. BOX 332 / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 August 21, 1978 Mr. Don Ashworth City Manager 7610 Laredo Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Re: Easements and Mulberry tree removal Dear Don: Please send me the minutes of the council which included the discussion on the "Mulberry Tree" and easement questions. The correspondence we have had on this matter is becoming voluminous. I would appreciate some action in the near future so that there will be a replacement tree at that corner stake by spring. Thank you. Sincerely, JVA" Ic ert, MAI RJR/cf q CITY OF �ry CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 J 0Ak ��i V28, � b-04� J <�40 Mr. Robert Reichert Box 332 Excelsior, MN 55331 Dear Mr. Reichert: While filing the hardshells of your recent subdivision, I discovered that the only document enclosed was Sheet 1 of 2 sheets. It would be appreciated if you would search your records for any information that you could give us as to whether or not the mylar copy showing the surveyor's data had been delivered to the city offices at any time. If you have any questions or comments, please do not hesitate to contact me. your cooperation in this matter is greatly appreciated. Sin ere y, ? Bob Waibel Assistant City Planner BW;k 3ob �RI��L. , 11 J, O w%a 7610 LAREDO DRIVE•P.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 V� 1� May 25, 1978 Mr. Robert Reichert P.O. Box 332 Excelsior, MN 55331 Dear Mr. Reichert: You have asked the City to respond to whether we will replace the Mulberry tree removed from your property as a part of the East Lotus Lake sewer -and water project. Prior to responding to this request, I would like to review, from my perspective, our discussion on the day of your request. As noted above, you had requested that the City replace the Mulberry tree removed from your property. I had stated my recollection of this item from a conversation with the engineer several months ago, i.e. that the Mulberry tree in question was within the City right-of- way in front of the property owned by your neighbor. Further, that the engineer had received a release form from your neighbor in.removing the Mulberry tree. However, if my memory serves me correctly, there were several outstanding concerns and/or requests from you in finally settling damages or other alleged problems accruing to your property as a result of the City sewer and water project. If these statements were correct,`I sincerely believe that it would be to your advantage, as well as the City's, to review all of these at one time and make a determination as to what may be.required and reasonably acceptable to both parties to finally consummate these issues. To consider each of these on a peace meal basis did not appear to be in either your best interests nor the City's. Your response, at that time, was that you only desire to see the City determine whether the Mulberry tree would be replaced. Since our discussion, I have discussed this item with the Assistant City Attorney and he noted that there may be some misunderstanding by you in regards to a proposed easement across your property (easement number 66). At the time the project was started, it was proposed to make improvments across your property through the use of an easement. �Mr. Robert Reichert -2- May 25, 1978 After further consideration by the attorney and engineer, it was determined to move the easement north of your property and cross the Nemitz property over which the easment was obtained. As you will note, I am forwarding a copy of this letter to the City Attorney as well as the Engineer's office. Based on your request, I would ask them to verify whether the statements made above, regarding the Mulberry tree and easement, are correct or incorrect. However, I would additionally request that you reconsider your position in regards to consolidating your desires/requests/and demands for final consummation of any or all problems which you believe still exist relative to the City's public improvement project. If you have any questions, please feel free to contact me. Sincere y Don Ashworth City Manager DA:k tr cc: Russell Larson, City Attorney Bill Brezinsky, City Engineer. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL March 17, 1978 HARVEY E. SKAAR MARK C. McCULLOUGH J Mr. Donald W. Ashworth Chanhassen City Manager�� Box 147 Chanhassen, MN 55317 Re: Reichert Subdivision Dear Don: TELEPHONE (612) 335-9565 ty1a81978 `� RSCEIVED On the afternoon of March 15, 1978, I received for the first time a copy of the Declaration of Covenants which Mr. Reichert proposes to use in connection with the filing of the final plat for Reichert's Addition. The proposed.Declaration of Covenants does not conform to Mr. Reichert's development contract with the City in two respects: 1. The Declaration fails to state that the restrictions may not be revoked without the prior written consent of the City Council; and 2. The Declaration fails to state that the City may prosecute any person violating the terms of the restrictions. It is our recommendation that Mr. Reichert be instructed to revise his Declaration of Covenants so as to correct the deficiencies noted above. You should not affix your signature to the final plat unless Mr. Reichert's escrow account has been paid in full. Section 10 of Ordinance 33 provides as follows: "At the time of filing the final plat with the Village Clerk, the subdivider shall also file with said Clerk an abstract of title or registered property abstract, certified to date, evidencing ownership of the premises..." Once this abstract has been filed, the City Engineer has fifteen (15) days to approve or disapprove the final plat. The City Attorney has fifteen (15) days to approve or disapprove the title of the underlying property. CMM:mep L 'y truly yours, CRAIGERTZ Assistant Chanhassen City Attorney 1 CITY OF CHANHASSEN 7610 LAREDO DRIVE0P.O BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 March 16, 1978 Mr. Robert Reichert Box 332 Excelsior, MN 55331 Dear Mr. Reichert: In response to your letter of March 15, 1978, I have requested that the City Engineer prepare a division of the principal and interest charges on your property on East Lotus Lake. The total amount shown is $8,852.58 and Bill will forward a letter directly to you reflecting how this amount should be spread over the nine (9) lots of your recently approved plat. This letter together with the letter from the City Engineer, Bill Brezinsky, is being forwarded to Carver County to apprise them of this division of land and the division of the principal and interest payments. As we discussed, all future principal and interest charges certified by the City will be placed on the basis of the new plat. This information is being provided to the County for their records for certification 1977/collection 1978. The above information is being forwarded to the County per your request and based on your conversation with County officials as to the division of these assessments for the current year. It is not the intent of the City, in forwarding this information to the County, to demand or require that they change their collection or procedures for taxes collectible this year. Should you have any questions, please feel free to contact me. Si/nc y, / /, Don "Ashworth City Manager DA:k cc: Kay Klingelhutz B:'ezi n,,:.,;. Carve;: County axta.c./F-h'" - A& oe a.., ,,fit 4& #i yb WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING City of Chanhassen c/o Mr. Don Ashworth, P. 0. Box 147 Chanhassen, Minnesota Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS ?] 936-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS March 16, 1978 City Manager 55317 Subject: Robert Reichert Assessments Parcel 955DO, East Lotus Lake Project 75-10, (Part C), Our File No. 9058C. The subject parcel was assessed a total of $55,710 for sanitary sewer and water based on the assumption that it would be divided into at least nine (9) parcels. The property on the lake side of Pleasant View Road was considered unbuildable. The recently approved subdivision of the parcel into nine lots will result in each lot being assessed one -ninth of the total assessment on $6,190.00. This principal amount can be broken down as follows: Sanitary Sewer Lateral $2,914.00 Sanitary Sewer Trunk 706.00 Watermain Lateral 1,968.00 Watermain Trunk 602.00 Total $6,190.00 Similarly, the total principal and interest payments for 1978 of $3,714.00 and $5,138.58 can be divided equally among the nine lots. The resulting 1978 principal and interest payments for each of the nine lots would be $412.67 and $570.95, respectively. The,division described will not be reflected on County tax rolls until 1979. \;). 17 Very truly yours, V, SCHOELL & MADSON, INC. MAR19T � � SEC a v1 i ��iQ -Y7 p " a CHANyq•;��, �► WJBre zinsky : bk R. J. REICHERT APPRAIsALs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 �J March 15, 1978 Mr. Don Ashworth F City Manager 7610 Laredo Drive Chanhassen, Minnesota 55331 Re: Special Assessments Dear Don - At the time of the various meetings regarding the special assessment it was explained to me by you and other officials of the City of Chanhassen, that the proposed special assess- ments on my land ( part of Lot B, RLS #14 - on the North Shore of Lotus Lake) would be assessed based upon the number of building sites. At present and until platted this land legally is defined as one building site. The tax statement which was received today (I discussed this by phone with you and Kay K.) indicates that the special assessment is based upon 9 lots. The city has added $5138.58 in interest charges to the total amount and have billed me $8852.58 for this year. Can this be changed to cover platted lots? At the time of the various assessment meeting I asked if this special assessment would be levied against the individual lots. Bill B. and others reassured me that there would be no problem. I was advised that I would not have to pay a large lump sum before putting this plat on record. Is it possible that I can get this rearranged in such a way to indicate the assessment on these individual lots. Sincerely, R. I hert RJR:KF CITY OF 6 CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 f_�qq MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: December 5, 1977 Adon by Goanca , ',W0ISeu' _G= L_ Rejected--�- Date_/� C�) � 2. SUBJ: Preliminary Plat Approval, Robert Reichert (North of Lotus Lake on Pleasant View Road), Re-establish Conditions of Approval In June of this year the City Council approved the preliminary plat for Bob Reichert on Lotus Lake. The Planning Commission and city staff did not have a problem with the platting of the nine residential lots created on the north side of Lotus Lake. However, the method of insuring that the wetlands, spawning beds, etc. were maintained, was of significant concern to the Planning Commission. The conservation easement as approved by the Planning Commission and City Council met these concerns. After council approval of the preliminary plat and conditions, the conservation easement was prepared and forwarded to Mr. Reichert for his signature. At this point, Mr. Reichert objected to the conservation easement and has asked for council reconsideration. On November 21, 1977, the city council acted to formally reconsider this item and scheduled this meeting for reconsideration. The council's action to reconsider places this item in the same status as considered in June of this year, i.e. council consideration of the preliminary plat and conditions of such. Mr. Reichert claims that the conservation easement for the property adjacent to the lake is too restrictive. Staff believes that the conservation easement is in accordance with the approval by the planning commission and city council. Additionally, it should be remembered that alternatives were suggested to Mr. Reichert during the initial platting period to allow greater flexibility with this property, but it was Mr. Reichert's decision to proceed with platting individual lots with knowledge that restrictions would be placed on this property. Additionally, the decision by Mr. Reichert to create individual platted lots provided additional concern for city staff recognizing that such lots would be conveyed to multiple owners. Recognizing that there would be individual ownership on each of these lots, the concern then being that each of the potential owners recognize the restrictions on these lots. Mayor and Council -2- Deeember.5, 1977 In considering changing the preliminary plat approval and conditions, it should be remembered that utilities, grading, access, staking of individual lots, etc., has been completed for the nine buildable lots off Pleasant View Road. Therefore, I believe the only meaningful change in preliminary plat approval which can be considered would be the method to accomplish city council goals on the non -buildable property adjacent to the lake. As such, this office considers the following to be the only meaningful options open to the city and Mr. Reichert: 1). Create One Outlot Under Private Ownership: This concept would abandon Mr. Reichert's present concept of creating nine individual lots for property adjacent to the lake. The outlot would follow the present meets and bounds description for this parcel of land, but would place such as a large plated lot (Outlot "A"). Mr. Reichert would then have the right to sell or convey this property as desired by him. If this option were chosen by Mr. Reichert and approved by the City Council, a conservation easement should be established for the northerly portion of the outlot (ensuring such would remain in its natural condition) with the allowance of one dock, walking path to dock, picnicing, and swimming activities to occur in the open area on the southerly portion of the outlot. 2). Create Outlot Under Homeowners Association Ownership: This option would be the same as outlined above with the exception that control over activities of the outlot would occur through the association. Similar to 1)., above, the association concept would leave the property in private control and would not be for use by the general public. 3). Approve Preliminary Plat With Conservation Easement As Previously Approved: This option was chosen by the planning commission and city council as such appeared to be agreeable to both the city and the developer. As Mr. Reichert is not in agreement with the conservation easement as presented, this office does not believe that the city council should approve or deny the preliminary plat with the conservation easement as drafted unless Mr. Reichert states that he has rejected other alternatives for usage of the property and will only consider platting and usage of the property in this manner. If such is the case, this office would recommend that the city council re.affirm their previous position in regards to the conservation easement. 4). Consider Mr. Reichert's Recommended Changes As Presented in His Letter of October 21,' 1977: This option does not appear to provide any guarantees to the city that the concepts of conservation of all or a portion of this property will be maintained (see attached report from the city attorney). It would appear to this office that the loop holes in this proposal would make this option meaningless in regards to insuring that a portion or all of the wetlands, spawning beds, etc. remain in a natural condition and that nine individual docks, beaches, etc. were not developed on the property; clear cutting occurring; etc. This office cannot recommend this option. 5). Modify Conservation Easement to Allow Additional Useage of Land: This office is unaware of any staff recommendation or planning commission action which would limit the use of the southerly two lots Mayor and Council -3- December 5, 1977 for both docking, swimming/beach activities, picnicking, etc. Modification of the conservation easement to allow one dock on each of these lots in the open water area could be considered by the city council, but the conservation easement should be maintained for the northerly lots. Under this concept additional variations could occur in light of options 1) and 2), presented above. One additional concept presented in the Reichert proposal was that of the city either requiring dedication of conservation lands or donating such to the city for park/conservation purposes. This office cannot recommend to the city council that these lands be considered aq a donation or given to the city as a part of plat approval. This recommendation is being made in light of several points: 1) the property considered as wetlands/conservation is not contiguous with any park property owned by the city and there are no plans to acquire or.consider this as a part of the overall park system; 2) the existing park acquisition and development ordinance specifies that land can be required or donated in lieu of park charges, but such is at the discretion of the city. The ordinance is specific in stating that donations do not have to be accepted and this office would recommend such in this case; 3) whether the property was under the ownership of one party, two parties, or an association, maintenance of this area would be a private responsibility. There is no benefit to the city in accepting the maintenance of this property when other alternatives can be considered. �p DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION MADE THIS / day of ; �/4(f� yL , 1978, by ROBERT J. REICHERT, hereinafter called "Declarant", being the owner of the premises described as: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Reichert's Addition; Outlots A, B, C and D, Reichert's Addition, Chanhassen, Carver County, Minnesota. WITNESSETH: WHEREAS, Declarant is the owner of real property described above and desires to create thereon a residential community with roadways and open spaces; and WHEREAS, Declarant desires to provide for the preserva- tion of the values and amenities of said residential community and to this end desires to subject the real property described above, to the covenants, restrictions, easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Declarant has deemed for the efficient preser- vation of the values and amenities in said residential com- munity to create an Association to which should be delegated and assigned the powers of maintaining and administering the properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, the Declarant declares that the real property described above hereof is and shall be held, trans- ferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth, which covenants and restrictions shall run with the real property and be binding on all parties having any right, title, or interest in the hereinafter described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Definitions. Section 1. The following words, when used in this Declaration, or any supplemental declaration (unless the context shall prohibit), shall have the follow- ing meanings: a. "Association" shall mean and refer to the Owners' Association. b. "Subdivision" shall mean and refer to all such existing properties as are subject to this Decla- ration. C. "Common Area" refers to those areas of land devoted to the common use and enjoyment of the members of the Association. The Common Area within the existing property of this Declaration is described as follows: Outlot B, Reichert's Addition, according to the record plat thereof on file in the office of the Registrar of Titles in and for Carver County. For purposes of Common Area usage, said Outlot B shall be divided into two parts, consisting of the northerly portion which lies north of the north- erly line of Lot 9 extended westerly as depicted on said record plat; and the southerly portion which lies south of the northerly line of Lot 9 extended westerly as depicted on said record plat. d. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map with the exception of the Common Area as heretofore defined. e. "Living Unit" shall mean and refer to any building situated within the Subdivision designed and in- tended for use and occupancy as a residence by a single family. f. "Owner" shall mean and refer to the record or equitable owner, whether one or more persons or entities, of the fee simple title or undivided fee simple title to any Lot, upon which a living unit can be constructed, situated in the Subdivision (but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pur- suant to foreclosure nor shall "Owner" mean or refer to a contract for deed vendor unless and until each contract for deed vendor has acquired equitable ownership pursuant to Statutory Cancel- lation Proceedings or any proceedings in lieu thereof) nor shall "Owner" mean or refer to any other person or entity who holds record or equitable -2- a ownership of the fee simple title to any such lot merely as a security for the performance of an obligation. g. "Member" shall mean and -refer to all Owners who are members of the Association as provided in Article II, Section 1, hereof. ARTICLE II Membership and Voting Rights in the Association. Section 1. Membership. Every person or entity who is an Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. No Owner shall have more than one membership for each Lot owned. Section 2. Voting Rights. Each member shall have only one vote. ARTICLE III Property Rights in the Common Area. Section 1. Members' Easement of Enjoyment. Subject to the provisions of Section 3, every member shall have a right and easement of ingress and egress over the Common Area, and an easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title. Section 2. Title to Common Area. The Declarant may retain the legal title to the Common Area until such time as he has completed improvements thereon and until such time as, in the opinion of the Declarant, the Association is able to maintain the same but, notwithstanding any provisions herein, the Declarant hereby covenants for himself, his successors and assigns, that they shall convey the Common Area to the Association not later than December 31, 1982. Section 3. Extent of Members' Easements. The rights and easements created hereby and the title of the Association to the Common Area shall be subject to the following: a. The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purposes of improving the Common Area, and in aid thereof to mortgage said property, and the rights of such mortgages in said property shall be subor- dinate to the rights of the Members hereunder; and -3- b. Easements for installation and maintenance of utilities and drainage facilities as reserved on the plat of Reichert's Subdivision, Carver County, Minnesota, recorded with this Declaration and other easements of record, if any. Section 4. Taxes, Municipal Assessments and Maintenance on Common Area. The cost of taxes, special assessments and maintenance on the Common Area shall be paid by the Associa- tion. a. In order to pay for the above expenses on a current basis, the Association shall levy funds in equitable amounts against the individual members. b. Any member who is delinquent in payments of the amounts levied pursuant to this paragraph a.. shall lose the voting rights set forth in Article II and the right to use of the Common Area as set forth in Article IV until such time as all delinquent payments are made to the Association. ARTICLE IV Outlot Restrictions. Outlots A, B, C and D, Reichert's Addition, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Carver County are hereby declared to be and shall be held transferred, sold, conveyed, and occupied subject to the covenants and restrictions set forth in this Article. Section 1. Outlot B. a. Northerly Restrictions. i. No buildings, roads, driveways, signs, bill- boards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises, or in the waters abutting said premises. ii. No soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on said premises or in the waters abutting said premises. No marsh land vegetation located on said premises or in the waters abutting the said premises shall be destroyed or removed. -4- iv. No loam, peat, gravel, soil, sand, rock, or other materials or substances shall be exca- vated, dredged, or removed from the said premises or the waters abutting said premises. V. No motorized boats or motorized watercraft shall be launched into the waters of Lotus Lake from said premises. vi. No activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. vii. No activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the public waters abutting said premises. b. Southerly Restrictions. i. No road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. ii. No docks, except one small boat dock pro- viding boat moorings for not more than a total of three (3) boats, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. iii. Except as provided in paragraphs b. i. and ii. above, no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. iv. No soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on the said premises or in the waters abutting said premises, except as necessary for the construc- tion and ordinary maintenance of the ramp and dock described in this paragraph b. i. and ii. MV V. No marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. vi. No loam, peat, gravel, soil, sand, rock, or other materials or substances shall be exca- vated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the ramp and dock described in this paragraph b. i. and ii. vii. No activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. viii. No activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises. Section 2. Outlot A. a. Except for one boat dock providing mooring space for no more than two boats, no buildings, roads, driveways, signs, billboards, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot A or in the waters abutting said premises. No more than one dock shall be per- mitted upon said premises or in the waters abut- ting said premises at any one time. b. No soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot A or in the waters abutting said premises. C. No marsh land vegetation located on Outlot A or in the waters abutting Outlot A shall be destroyed or removed. d. No loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot A or the waters abutting Outlot A. e. No activities detrimental to fish spawning activities shall be permitted upon Outlot A or in the waters abutting Outlot A. f. No activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detri- mental to the preservation of the natural environ- ment shall be permitted upon Outlot A or in the waters abutting Outlot A. Section 3. Outlot C. a. No road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. b. No docks, except one small boat dock providing boat moorings for not more than one boat, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. C. Except as provided in paragraphs a. and b. above, no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. d. No soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on the same premises or in the waters abutting said premises, except as necessary for the construction and ordinary main- tenance of the dock described in this paragraph b. e. No marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. f. No loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph b. g. No activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. -7- h. No activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detri- mental to the preservation of the natural environ- ment shall be permitted upon said premises or in the waters abutting said premises. Section 4. Outlot D. a. No buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot D or in the waters abutting said premises. b. No soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot D or in the waters abutting said premises. C. No marsh land vegetation located on Outlot D or in the waters abutting Outlot D shall be destroyed or removed. d. No loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot D or the waters abutting Outlot D. e. No activities detrimental to fish spawning activities shall be permitted upon Outlot D or in the waters abutting Outlot D. f. No activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detri- mental to the preservation of the natural environ- ment shall be permitted upon Outlot D or in the waters abutting Outlot D. Common Area Usage. Section 1. Boats. The members of the Association may use the southerly portion of the Common Area and the waters abutting said premises for the purpose of launching boats and watercraft. Section 2. Swimming. The members may maintain a swimming beach for the exclusive use of the members upon the southerly portion of the Common Area. Section 3. Picnicking. The members of the Association may use the southerly portion of the Common Area for the purpose of picnicking. MM Section 4. Authorized Dock Usage Area. The members of the Association who are the owners of Lots 6, 7 and 8 shall have the exclusive right to use any dock placed, constructed, or allowed to remain on the southerly portion of the Common Area. ARTICLE V Land Use and Building Type. No Lot shall be used except for residential purposes. No buildings shall be erected, altered, placed, or permitted to remain on any Lot other than one single family dwelling, not to exceed two and one-half (2 1/2) stories in height or thirty (30) feet and a private garage. All sideyard and setback requirements, including a front yard setback of 30 feet, will be required. All existing buildings and structures on Lots 5 and 6, Reichert's Addition, Carver County, shall be excepted from this restriction. ARTICLE VI Easements. Easements for installation and maintenance of utilities and drainage and emergency use are reserved as shown on the recorded plat. Within these areas, no struc- tures shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of the flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improve- ments in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE VII Section 1. Temporary Structures. No structure of a temporary character or trailer, basement, tent, shack, garage, barn, or other building shall be used on any Lot at any time as a residence either temporarily or permanently. Section 2. Signs. No sign of any kind shall be dis- played to the public view on any Lot except one sign of not more than four (4) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. .WE Section 3. Livestock and Poultry. No animals, live- stock, or poultry of any kind shall be raised, bred, or kept on any Lots, except that dogs, cats, or other domestic pets may be kept, provided they are not kept, bred or maintained for any commercial purposes and provided that no owner shall have more than two pets of any one species. Section 4. Garbage and Refuse Disposal. No part of the individual Lots, boulevards, or parks shall be used at any time for the storage or abandonment of junked automobiles or other motor equipment. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Garbage, rubbish, and trash shall not be kept on said premises except in sanitary containers and said containers shall be stored inside. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 5. Vegetation. No clearcutting of trees shall be permitted except that a minimum number of trees may be removed for purposes of locating the dwelling and roads. Preservation of the existing natural site character is to be encouraged and to protect the lake from excessively rapid storm water runoff. Section 6. Slopes. Private pathways traversing sloped areas in excess of twenty percent (20%) slope shall be con- structed in such a manner so as to minimize vegetative dis- ruption and aligned in a terraced manner down the slope to prevent the possibility of excessively rapid runoff and soil erosion. Section 7. Offensive Activities. No noxious or offen- sive activities shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood. Section 8. Sporting Equipment. All sporting equipment, toys, outdoor cooking equipment (except permanent installa- tions), tents, trailers, campers, and other equipment and supplies necessary or convenient to residential living shall be enclosed or shall be screened from view. The storage or collection of rubbish of any character whatsoever, any materials that emit foul or obnoxious odors, the growing of any noxious weed, and the harboring of the source of any noise or activity which disturbs the peace, comfort, or serenity of Owners is prohibited. No Lot shall be used for the storage of materials not customary to or necessary and convenient for residential living. -10- Section 9. Parkin, Parking of motor vehicles on the street shall not be allowed except in case of temporary guests or visitors. ARTICLE VIII Term. These restrictions and covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said restrictions and covenants shall be auto- matically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then members has been recorded agreeing to change said covenants in whole or in par.,t. These restrictions and covenants are not revocable'during the initial thirty (30) year term without the prior written consent of the City Council of the City of Chanhassen. ARTICLE IX Enforcement. If there shall be a violation or an attempt to violate any of these covenants or restrictions, the City of Chanhassen or any person or persons owning any real estate situated in this subdivision may prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either prevent him or them from so doing or to recover damages for such violations. ARTICLE X Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. ROBE R j Jr/-REICHERT -11- • � P STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this �___r !� day of1978, before me, a notary public within and for said county, personally appeared Robert J. Reichert, to me known to be the person described in and who acknowledged that he executed the same as his free act and deed. -12- Nd ary Public . ir..Y MU L;C IN NNESOTA �j CARVER COUNTY k`� t'"^�• `+ ',4, C�:nrni�.sion Expires Jan. 30, 1981 � wvvwvdvvm�vvv�^vwr CITY OF iCHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: January 23, 1978 SUBJ: Request to Amend Development Contract, Reichert's Addition, Pleasant View Attached please correspondence this office received from the City Attorney regarding Reichert's preliminary plat approval on Pleasant View. It would appear as though we are one step closer in final consummation of this item. Mr. Reichert's attorney has requested that the city council amend their previous consideration to allow Mr. Nicolay to have outright ownership of outlot F and delete such outlot F from the homeowners association. I have attempted to inform Mr. Thompson, Mr. Reichert's attorney, and Mr. Nicolay, that this office would refer this item back to the city council, but such should represent any and all changes that are necessary prior to final acceptance by both parties. The fear of this office is that, as Mr. Reichert is still out of the country, that reconsideration may have to re -occur after his return. Both Mr. Thompson and Mr. Nicolay assure me that such is not the case and that Mr. Reichert has stated that, with the exception now being requested, that he would sign the development contract and complete all other requirements necessary for final completion of platting. As noted in the attorney's memorandum, the development contract, as attached, was modified to show the request as presently being made. The attorney's interpretation of council action was that such items as boat docks should not be increased by this request, but that the total number would remain the same - simply distributing such between the homeowners association and Mr. Nicolay's lot. In addition to the request of Mr. Nicolay, the city council had asked that the final version of the development contract be referred back to city council prior to further action. This office considers that the attached development contract meets the council request. Mayor and Council -2- January 23, 1978 This office would recommend that, should the city council approve Mr. Nicolay's request with any additions desired by the city council that such be subject to the following: 1). Mr. Reichert complete the changes in the plat pursuant to the development contract and previous council action and submit such to the city engineer and attorney for review and approval. 2). Mr. Reichert agrees to sign the development contract after any amendments are made by the city council. 3). Mr. Reichert completes the deed restrictions previously authorized by the city council and as shown in the development contract and submits such to the city attorney and planner for review and approval. 4). Mr. Reichert pay all fees prior to the city affixing final signatures. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Donald Chanhassen Box 147 Chanhassen, Dear Don: I.ARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 W. Ashworth City Manager MN 55317 January 17, 1978 Re: Reichert Subdivision TELEPHONE (612) 335-9565 The proposed development contract for Reichert's Addition was previously supplied to you without Exhibit A. Enclosed is Exhibit A, which should be attached to the proposed development contract. This is the pre -platting description for the underlying real estate. I notice one possible discrepancy in the legal description which I cannot verify without reference to the County Recorder's copy of Registered Land Surveys No. 22 and No. 14. I would suggest that you ask Bob Waibel to try to track this down as soon as possible. Briefly, the problem is as follows: 1. The legal description for Reichert's Addition says that it shall consist of all property in Tract B, RLS 14, except certain property on the westerly end of said Tract B, RLS 14. 2. The exception is depicted on the preliminary plat for Reichert's Addition; however, the exception is labelled as being a part of Registered Land Survey No. 22, and not Registered Land Survey No. 14. 3. An investigation should be made to clarify the location of the exception with reference to the easterly line of RLS 22 and the westerly line of RLS 14. It is possible that the preliminary plat is correct as submitted to the City. It is possible that the exception to RLS 14 became a part of RLS 22 when it was created. However, the City should make an independent investigation to eliminate this ambiguity. Very truly yours, JAN1978j �.. CRAIG M. MERTZ RECEIVED `_" Assistant Chanhassen City Attorney CKM : mep VUAe3I= ar i CHAP Encl. ;p Ate. MINN. ��J Tract 3, Registered Land Survey 110. Minnesota. lh, files of Itevistrar of Titles, Carver County, - EXCEPT: That part of 'fa.t ct , Registered Land survey Ido. ]J1� Carver County, Minnesota, on file and of record in the office of the Regi.;trar of Titles, lying Southerly and Westerly of the foll.owi ng described line; Commencing at the Idorthwest corner of Tract A, lie istered Land iurvey No. 18, Carver Gounty file .and of record in the office of the ReEistrar of Titles; thence n11ortha70on degrees 5h minutes Fast along the Northerly line of sai,? Iteristered Land j�u-vey :Jo. 18, a distance of 469.60 feet to the Northeast corner of said Registered Land Survey 110. 1.8, which point is the actual point of beginning of the line to be described, and which 'point is on the center line of Lake Street, as now laid out and traveled; thence Soil t.heast.crly along the center line of said Lake Street on a c11rv0 having a radius of 345.76 feet, and a delta angle of 18 degrees 13 minutes h1 seconds and a distance of 110.0 feet, said curve ( having a chord of 109.53 feet and a chord bearing of South 39 degrees 11a minutes 30 seconds East); thence South 2 degrees i�irn:tes 30 second s East on a straight line to the Northerly shore line of Long Lake and there terminating. Subject to the Fifty Per Cent (50,6) interest of Federal ihrm Mortgage Corporation in all mineral rights reserved ilk, deed recorded in look Fort three Page Six Hundred Twenty One. (621) . y' (43,1 of Deeds Reichert's Addition EXHIBIT A 3, RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH I.ARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 11, 1978 Mr. Donald Ashworth City Manager P.O. Box 147 Chanhassen, Minnesota 55317 Re: Reichert's Addition TELEPHONE (612) 335-9565 Dear Don, The City Council, at its December 5, 1977 meeting, gave Mr. Reichert preliminary plat approval subject to certain conditions. Those conditions were: a) That Outlots B through F be combined into one Outlot to be owned by a homeowner's association; b) That certain deed restrictions must be placed on all of the Outlots. In December, I prepared a rough draft of a development contract between the City and Mr. Reichert. I did permit Mr. Reichert's attorney, Bruce Thompson, to read my rough draft prior to preparation of the final draft of the development contract. I have received a phone call from Mr. John E. Nicolay Jr., who informs me that many weeks ago he signed a Purchase Agreement with Mr. Reichert, wherein Mr. Nicolay agreed to purchase Lot 9, Block 1, Reichert's Addition, and also Outlot F. Reichert's Addition. Mr. Nicolay requested that Outlot F be deleted from the proposed homeowner's association and that the City allow him to purchase Outlot F outright. I also have received a phone call from attorney Thompson who made the same request in behalf of Mr. Reichert. Both Mr. Nicolay and Mr. Thompson indicated that Outlot F should be subject to the same restrictions as the homeowner's association property. I can find no fault with granting Mr. Nicolay's request, so long as it is agreed by all parties that the Nicolay outlot would be restricted Mr. Donald Ashworth Page Two January 11, 1976 in the same manner as the homeowner's association property. Enclosed you will find my final draft of the Reichert Development Contract. In this development contract, I have deleted Outlot F, as depicted in the preliminary plat, from the homeowner's associa- tion. The development contract provides, however, for the same use restrictions as are set forth for the southerly portion of the homeowner's association outlot. This minor change is in the nature of a counterproposal, and you do have the discretion to refer this matter back to the Council for reconsideration. If, however, you find the development contract to be in order, please ask the Planning Department to submit the original copy of the contract to Mr. Reichert for his signature. Mr. Nicolay should give his written consent to the development contract inasmuch as he already has a Purchase Agreement for the property. If you believe that Outlot F as depicted on the preliminary plan should not be privately owned, please call me and I will amend the development contract accordingly. Very truly yours, y�� CRAIG M. MERTZ CMM:jep Enclosures P.S. The Exhibit A referred to in the development contract would he the legal description for the property proposed to be platted. I have not yet received that legal description from Mr. Reichert's attorney, though I have requested the same. CM11 P.P.S. No final plat approval should be given until the City staff received the executed restrictive covenants and has approved the same. CMM CITY OF 6 CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: December 5, 1977 TO: Mayor and Council FROM: City Manager, Don Ashworth SUBJ: Procedural Clarification - Reichert's Subdivision Reconsideration At the last council meeting there was a question by the council as to why Mr. Reichert's lettersof October 20th and 21st were not forwarded to the city council prior to the council's consideration on November 21, 1977. Mr. Reichert had requested that the city council reconsider their action of June 6, 1977. This request was made by Mr. Reichert's attorney on September 23, 1977, and received by the city on September 26th (copy attached). This item was placed on the council agenda on October 3, 1977, at which time the city council tabled action on the request pending a review by the planning commission as to whether reconsideration was recommended. Mr. Re,chert's letters of October 20th and 21st were seen by city staff as additional justification and information for the planning commission consideration at their meeting of November 2, 1977. This office placed this item on the next regular council agenda after receipt of planning commission action - November 21, 1977. CiU-STAFF SON. C41STAF SUN & ADAMS, P. A. K17ORNKYS AT LAW SMITE 411 740o H9'1'RU 13UUI.I;VARP IIARHY (;t1HTA11:3UN MINNF:AF'ULJS. MINNESOTA 56436 WAIN ER C. (IUSTAF'SON - MICHAt'L J. AUAMS 111:L1-JIMNI: 141fd1 0i36-7'277 oficoURl' U. UUSTAF'SON .IUIIN M. 1114JAN September 23, 1977 Mr. Bruce Pankonin Chanhassen City Planner P.G. Box 147 Chanhassen, Minnesota 55317 RE: Reichert's Addition Dear, Bruce. This letter is sent as a follow-up pursuant to our conference held yesterday morning in your office. At that time you, Bob Reichert, and I discussed the problems which the proposed "Perpetual Conservation Ease- ment" would create for Mr. Reichert and his successors in title. We discussed the fact that whereas at the time the plat was approved, on June 6, 1977, no Ordinance then existed in the City of Chanhassen pro- viding for a uniform set of rules protecting the City's shoreland areas, such an Ordinance was adopted on July 18, 1977. Said Ordinance applies to all shoreland areas in the City of Chanhassen and serves to provide for a uniform method of regulating the development and/or preservation of said shoreland areas within the City. Accordingly, it is Mr. Reichert's position that the necessity of a specific easement affecting only his property no longer exists with the adoption of said Ordinance. Accordingly, this letter will serve as the formal request by Mr. Bob Reichert to have the Resolution of June 6, 1977, reconsidered at the next Co(ancil meeting to he hells nn nctober 3, 1977. It is our request that the City Council would, upon such reconsideration, reapprove the Plat of Reichert's Addition without the requirement of a Conservation Easement, in light of the protection afforded by the Shoreland Management Ordinance No. 65. If you have any questions regarding this matter, please do not hesitate to contact me at your convenience. GDG:Imw cc: Mr. Robert Reichert Mr. John Giblin Very truly yours, GUSTA dN, GUSTAFSO & ADAMS, Gregory . 'Gustafson 1)IL cr1 RECEIV)D, ' vo-LADE of IS, , ImNN. �'t LI %A.ca, LARiSON & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5S402 R USSELL H. LARSON TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL HARVEY E.SKAAR November 30, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Re: Reichert Subdivision DNR Regulations Dear Don, By way of supplementing our report of November 29, 1977 concerning the Reichert Subdivision lakeshore matter, we wish to point out the following disadvantages in relying on DNR regulations to protect the shoreline: 1. The DNR regulations allow "clear cutting . . . as necessary for placing . . . structures." (No permit is necessary.) 2. The regulations allow selective cutting of brush so long as vehicles and boats are screened from view from the water. 3. Grading and filling is permitted except as regulated by local ordinance. (The Chanhassen interim shoreland ordinance con- tains no such regulations.) The DNR regulations also prohibit alteration of the beds of public waters in absence of a permit, and a permit is also required for excavation for boat slips, canal or lagoon purposes. ours very t y, Al RU SELL H.�LARSON RHL:jep DEC 1977 1;ECEIVeD !�2I ft"Ga o �r I�t9tni+uiaas�-;H, ,�, LARSON & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING R USSELL H. LARSON MINNEAPOLIS, MINNESOTA S540 -- ��((�� J � TELEPHONE CRAIG M. MERTZ �__��yyy�� November 29, 1977 7�kJ' (612) 335-9565 OF COUNSEL IY.w VVVV R� (7'7 HARVEY E. SKAAR #ti'l'r �yyrlYOVrg1977 RECMV9D i Mr. Donald W . Ashworth �'- VI,I.Aa� �� Chanhassen CityAttorneypHgNHac��N, Box 147 c.1 MinttV. Chanhassen, MN 55317 Re: Reichert Subdivision Dear Don: Immediately after Mr. Reichert's November 21, 1977 appearance before the City Council, I met with Mr. Thompson, his attorney, who suggested the following possible compromise of the matter: 1. The existing dock on Outlot A could remain. Outlot A would be available for sale to the owners of the Mary Reichert property located immediately to the west of Outlot A. 2. Outlots B and C would be conveyed to the public, subject to a deed restriction prohibiting construction of any docks. 3. Outlot D would be available for sale, subject, however, to a deed restriction prohibiting construction of any docks. 4. Outlot E would be available for sale to the owner of Lot 9, subject to a deed restriction prohibiting the construction of any more than one dock, providing moorings for not more than two boats. _. Outlot F would be available for sale to the owners of Lots 7 and 8, subject, however, to a deed restriction prohibiting the construction of more than one docii. (Presumably this dock would provide mooring space for two boats, inasmuch as two properties would be sharing this dock. 6. Outlot G would be available for sale to the owners of the Sieffert property located immediately to the east of Outlot G. This outlot would be sold subject to a deed restriction prohibiting construction of any docks. Mr. Thompson's proposal has merit, and should be considered as a viable alternative to litigation. V y truly yours. v� CRAIG�M.MERTZ CMM:mep Assistant Chanhassen City Attorney cc: Bruce Thompson Donald W. Ashworth -2- 11/29/77 P.S. to DWA: Under the DNR shoreland regulations and our local ordinance, property owners are not allowed to alter the beds of public waters or to excavate boat slips and lagoons unless a DNR permit has been obtained. The deed restriction envisioned in Mr. Thompson's proposal would automatically expire in thirty years by operation of existing Minnesota real estate law. Additionally, the developer could unilaterally revoke the restrictions after final plat approval. Other alternatives would be to: a. liberalize the proposed conservation easement so as to permit olie docn on Ou-ti.lot A, one dock on Outlot F , and one dock on Outlot F, or b. direct the developer to return to the homeowner s association concept whereby one association dock would be permitted on the southerly portion of the shoreland. Craig M. Mertz CITY OF r CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 17, 1977 TO: City Manager, Don Ashworth FROM: City Planner, Bruce Pankonin SUBJ: Reichert's Addition PLANNING CASE: P-299 REF: City Council Agenda, October 3, 1977 (Please bring this background information) Petition Pursuant to city council action of October 3, 1977, the Planning Commission duly "reconsidered" the necessity of placing a conservation easement on the Reichert property. As shown in attachment A, Mr. Reichert has submitted a proposal for protecting the Lake shore abutting Reichert's Addition. Specifically, Bob is proposing to create individual outlots, deed them over to the city for safe keeping while specifics of a "conservation easement" can be worked out with the City. Planning Commission Recommendation Pursuant to city council request, the planning commission duly entertained the proposition of reconsidering the recommendation of May 25, 1977. As shown in attachment B, the planning commission voted not to consider the previous recommendation regarding the necessity for a conservation easement. Planner's Comments 1. As proposed in attachment A, the creation of outlots with the titles to be escrowed by the city, would, in my estimation, take unnecessary city staff and legal time. I think a more palpable solution would be to separate the platting of the outlots from the remainder of the plat, or agree to creation of a common beach lot in that area of the property which would have the least environmental affect on the posted bass spawning bed. Mr. Don Ashworth -2- November l7, 1977 The idea of a common beach lot has been discussed numerous times with the applicant and the planning commission. The applicant, however, on May 11, 1977, rejected the idea of developing an"evironmentally"Isound beach lot. ,L 2. I maintain my position,4the most appropriate use of the property, located between Pleasant View Road and Lotus Lakeewould be a common outlot designed in such a manner as to protect the sensitive environmental areas, but giving the property owner free access to the enjoyment of Lotus Lake. R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants P. O. BOX 332 / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 November 16, 1977 Mayor and Council Village of Chanhassen Chanhassen, Minnesota Re: Proposed Subdivision Plat Gentlemen: During the past 12 months I have attempted to plat nine lots on the 62 acre tract of land which I own at the north end of Lotus Lake. This property has been rezoned to R-1 and I have been notified that "The City's Consulting Engineer, Schoell and Madson, has completed the assessment rolls" and that my property is being assessed $55,863. It was explained that this assessment was "calculated" on the basis of nine lots ($6207 per lot). A bit of history is in order to put this matter in proper perspective: In the fall of 1976 1 proposed to the Planning Commission the plat of the property in question. The planners report of December 7, 1976 requested that I provide restrictive covenants and dedicate common ground to a homeowners association or the Village of Chanhassen, The Planners report also suggested "cluster housing", townhouses or the like, for this area. I refused to go along with his suggestion because of violent reaction from my neighbors. I provided restrictive covenants to the Planning Commission in a form satisfactory to them. At the public hearing held on May 11, 1977, the adjoining land owners did not like the planners ideas about the concentration of boats and beach into one area, because of the possibility of a quasi -public area in a R-1 zoned area. The Planning Commission, Mayor and Council Village of Chanhassen November 16, 1977 Page Two because of public opposition dropped the restrictive covenants and dedication of a common area. On May 25, 1977, the Planning Commission again discussed the plat and conservation easement, which was a new suggestion. The recommendations were in turn passed to the council, with the Planning Commission and planners recommendation, for passage subject to a conservation easement. On June 61, 1977, the council approved the preliminary plat sub- ject to a conservation easement. To my knowledge, while the conservation easement was being dis- cussed at the Planning Commission and Council, no-one including the Planning Commission members, the council, the planner nor the Village Attorney knew what should be contained in a conservation easement or whether such was, in fact, legal. It is quite clear that on July 28, 1977, neither the council nor legal council knew whether a conservation easement was in fact legal. On that date the council adopted ordinance Number 65, which by it's heading says it is only an Interim Ordinance. This ordinance simply adopts the DNR regulations as to the municipal shoreland areas. Nothing is said about conservation easements in that ordinance. Since hearing nothing from the village about a conservation ease- ment I assumed that the passage of Ordinance 65, which applied to all of the lakes in Chanhassen, allowed us to proceed to final hard shells. On September 14, 1977, after obtaining the required signatures, presented the hard shells to the Village Planner.(for Village signatures) and was, at that time, requested to sign the conser- vation easement. I inquired and learned that neither the Council nor the Planning Commission, as of that date, had seen the conservation easement so obviously they had not approved of same. On September 29, 1977 (2 weeks later) the Council referred this matter back to the Planning Commission. At the October 12 meeting of the Planning Commission the matter was tabled. During this meeting the Village Attorney, in response Mayor and Council Village of Chanhassen November 16, 1977 Page Three to a question by Mr. Hud Hollenbeck, advised the Planning Comm- ission that the Council had approved the conservation easement. The Planner refused to put this matter on the October 26 agenda of the Planning Commission, although it had been agreed to at the October 12 meeting, when it was tabled. At about this time I realized that I needed a good real estate attorney to help sort things out. So I contacted Mr. Bruce Thompson of Johnson, Thompson, Klaverkamp & James. On November 1, 1977 the Planning Commission without allowing either myself or my attorney to speak on the subject prior to the vote - voted to not reconsider their position. request at this meeting that a decision be made one way or the other. I regard the conservation easement to be nothing more than a condemnation of my property. I will have no use of this land, but I will have to pay taxes on it forever. The ordinances of the village do not provide for such an ease- ment, nor do the statutes of the State of Minnesota according to my attorney. There is no precedent in the Village for such a request -from me. Such action is arbitrary and discriminatory. If the Council decides that the only way I can plat my property is to give the Village the proposed easement, I intend to t&ke the Village to Court immediately. Respectfully yours, o J i chert RJ :jl R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants P. O. BOX 332 / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 November 3, 1977 Mr. Don Ashworth City Administrator City of Chanhassen Chanhassen, Minnesota 55317 Re: Council Meeting - To obtain Plat approval Dear Mr. Ashworth: �4 r I wish to be put on the council agenda at the earliest possible time for plat approval. My lawyer, Mr. Thompson, and I wish to ask the council to approve the Richert Addition Plat. All other signatures have been obtained and this issue will hopefully be re- solved at the next council meeting. I am including the letter (to the planner) dated 21 October, 1977 and the legal opinion regarding the proposed Conservation Easement. Please let me know the date and time that we can be heard. Thank you. Respectfully, R. 'J �Reic ert RJR: j 1 Encls. Planning Commission Meeting November 2, 1977 -6- RECONSIDERATION - REICHERT'S CONSERVATION EASEMENT: Bob,Reichert and. Bruce Thompson, Attorney, were present..;.Comm ss on members discussed a the attached letters dated October 20 and 21, 19770 from Mr. Reichert �Les Bridger moved to reconsider the Planning Commission's action of May 25, 1977. Motion seconded by Walter.Thompson. The following voted in favor: Walter Thompson and Les Bridger. Mal MacAlpine abstained. Dick Dutcher, Roman Roos, Jerry Neher, and Hud Hollenback voted no. Motion defeated. COMMUNITY FACILITIES STUDY COMMITTEE: Pat Boyle, Garv'Eastburn, Nick Waritz, Les Bridger, and Paul 0 D.ell, Community Facilities Study Committee, were present. Discussion was held on future community facilities in the City, i.e. renovation of old St. Hubert's Church for a library, new city offices, public works garage, police facilities, plus an up coming referendum. It was generally felt that the Hanus property would not be suitable for city officer, garage, and library because of the limited parking and extensive renovation required. A site along proposed MSAS 101 was discussed. No action was taken. Roman Roos moved to adjourn. Motion seconded by Jerry Neher and unanimously approved. Meeting adjourned at 10:30 p.m. Don Ashworth City Manager X—rlpNkmrzw s N04 MFPT It 444-c4ic- 4`G- o -f-hrs t-,-- Pry CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: November 1, 1977 TO: Planning Commission Staff and Robert Reichert FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition PLANNING CASE: P-299 In response to staff request, please find Mr. Reichert's proposal for protecting his lake shore lots. Specifically, Mr. Reichert is proposing to create the individual outlots, deed them over to the City for safekeeping while the specifics of a "conservation" easement are worked out. The action Mr. Reichert is asking the City to take would, in my estimation, take unnecessary City Staff and legal time. I think a more palitable solution would be to separate the platting of outlots from the remainder of the plat, or agree to a conservation easement. LAW OFFICES JOHNSON,THOMPSON, KLAVERKAMP & JAMES A PROFESSIONAL ASSOCIATION RICHARD W. JOHNSON BRUCE F. THOMPSON PAUL H. KLAVERKAMP BRUCE B.JAMES RICHARD J. KEENAN R. D. ESTES ROGER A.JOHNSON JOHN D. PARSINEN DONALD P. NORWICH RICHARD MASSOPUST, JR. JAMES WM. RUSTAD JOSEPH ALEXANDER RICHARD S.GOODMAN ROBERT A. LEVY PATRICK J. McLAUGHLIN 4444 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 October 20, 1977 Mr. Robert Reichert 640 Pleasantview Road Excelsior, Minnesota 55331 Re: Reichert's Addition, Village of Chanhassen Dear Mr. Reichert: TELEPHONE (612) 339-4546 I have examined the document which is captioned "Per-' petual Conservation Easement" and have the following comments regarding same. According to the agreement you would convey to the city a right in your property benefitting other property owned by the city which is not adjacent or contiguous to your parcel of land. The stated purpose of the easement is to preserve the economic and recreational values of the city's land. However, there is no obligation on the city whatsoever to preserve the values of your land. If you entered into such an agreement, the city could develop its land into parks, playgrounds, boat landings and docks, which could adversely affect your parcel of land if the city's theory of preventing unrestrained development and urbanization of the lands abutting the waters of Lotus Lake has any validity. The present council members of the Village of Chanhassen cannot bind what future councils might do with the city's land, so you absolutely have no protection whatsoever as to future development unless the city is willing to enter into a similar agreement recordable in form whereby they agree not to develop any lands that they presently own or hereafter acquire on Lotus Lake. In addition, an ordinance should be passed prior to your giving of such an easement which requires all owners of undeveloped lands on Lotus Lake to enter into a similar agreement. The agreement as drawn is arbitrary and capricious in that it singles out your property, and your property alone, as I understand it for imposition of such restrictions. Mr. Robert Reichert October 20, 1977 Page 2 Obviously the easement as drawn is nothing more than a condemnation of your property without payment. You would continue to own the land and have to pay taxes on same. If you let the taxes go by default and the city acquires the property, the easement would likely be extinguished if the agreement was signed in its present form. If the city desires to deal with all owners of undeveloped land on Lotus Lake fairly, it would seem to me that your suggestion that a deed be placed in escrow, to the outlots only, would be an indication of good faith on your part in attempting to work with the city to accomplish their desired goals. On the other hand, if the city refuses to proceed in this fashion and demands a signing of the Perpetual Conser- vation Easement as consideration for their signing the plat, I would recommend an immediate mandamus action against the city be commenced as it is an obvious attempt to condemn your property, depriving you of the use of same, leaving you with title to same and the requirement to pay taxes in perpetuity. If you have any further abestions regarding same, please advise. ` C_- Y urs very truly, Bruc F. Thompson BFT/nk CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: October 10, 1977 TO: Planning Commission and Staff FROM: Bruce Pankonin, City Planner SUBJECT: Reichert's Addition Attached please find the attorney's report concerning the need for a conservation easement across the Reichert property. Please include the attached with your copy of Exhibit 1, Reichert's Addition. LARso1v & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA S5402 TELEPHONE CRAIG M. MERTZ (612) 335-9566 OF COUNSEL October 6, 1977 HARVEY E.SKAAR Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, MN 55317 Re: Conservation Easement across Reichert Subdivision Dear Bruce: Please accept this letter as the City Attorney's report to the Planning Commission concerning the need for a conservation ease- ment across the Reichert property. It is our belief that the conservation easement as drafted and as submitted to Mr. Reichert properly reflects the elements of the conservation easement as described in the minutes of the Planning Commission's meeting of May 25, 1977. It is our belief that this easement is consistent with the City's existing interim shoreland ordinance and is consistent with current DNR shoreland regulations. It should -be kept in mind that the City's shoreland ordinance, Ordinance 65, is only an interim ordinance, which was adopted pending the development of a more comprehensive shoreland ordinance. Also it should be noted that the present DNR regulations are subject to change without input from the City. The DNR shoreland regulations set minimum standards. The City is free to. impose stricter standards in its local ordinance. We also submit :that the City has authority to impose standards which are stricter:.than those found in the City shoreland ordinance, when reviewing a specific subdivision request. If the conservation easement were deleted from the Reichert Sub- division, Ordinance 65 and the DNR regulations would still gove-rn the use of Mr. Reichert's beach lots. The easement, however, is a convenient method of putting Mr. Reichert's potential buyers on notice as to the full scope of the City's restrictions governing the use of the beach lots. Unlike a conservation easement, the DNR regulations and Ordinance 65 will not appear on an attorney's examina- tion of. title. Thus, a potential buyer of a lot could be totally unaware of the shoreland restrictions at the time of purchase. If the conservation easement were of record, no buyer could claim a hardship due to ignorance of the restrictions on his use of the beach lot. A recorded easement remains in the chain of title through .successive changes in ownership of the lots subject to the easement, and recording of the easement is the only way of insuring that a buyer who has the title examined is made aware of the easement. Mr. Bruce Pankonin -2- 10/6/77 If there were a change in conditions which would render the terms of the conservation easement unreasonable or unduly harsh, th-e terms of the conservation easement could be modified upon agreement of both the City and the owner of the beach lot in question. we offer no opinion on the need for the specific restrictions which were incorporated into the conservation easement. This is a matter of policy decision, and lies within the discretion of the Planning Commission and City Council. CMM:mep Very truly yours, Craig P4. Mertz Assistant Chanhassen City Attorney �...1 1977 �1 RECEIVED VtLL,k• ^_ OF .V CHANH,,SSEN, M►NN. *i CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 4, 1977 TO: Planning Commission and Staff FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition PLANNING CASE: P-299 Petition As shown in attachment A, Mr. Reichert requested the city council to reconsider their action of June 6, 1977, by approving the plat of Reichert's Addition without the requirements of a conservation easement. The city council on Monday, October 3, 1977, directed the planning commission to reconsider their motion of May 25, 1977, which recommended the council approve Reichert's subdivision provided a conservation easement is placed across the outlots located on the south side of Pleasant View Road. Procedure for Reconsideration of Planninq Commission Recommendation Since the planning commission adopted Roberts Rules of Order, any member on the prevailing side of the motion (Dutcher, Roos, Hollenback, Neher, Thompson or Bridger) may make a motion to reconsider the commission recommendation of May 25, 1977. Any member of the planning commission may second the motion to reconsider. Background 1. Community Location: To refresh your memory, the subject property, as shown in attachment B,is located on the northern most portion of Lotus Lake. 2. City Council Action of June 6, 1:977: As shown in attachment C, the council duly rezoned the Reichert property from R-lA to R-1 and approved a preliminary plat for the Reichert property subject to the (planning commission recommendation) planner's recommendation of May 31, 1977. A copy of the planning commission recommendation regarding the Reichert rezoning and subdivision is made part of this report and included as attachment D. The city planner's report of May 31, 1977, is included herewith and labeled attachment E. Planning Commissiok. -2-e October 4, 1977 3. Conservation Easement: As shown in attachment F, the city attorney drafted the conservation easement pursuant to the city council's action of June 6, 1977. This conservation easement was submitted by city staff to Mr. Reichert for his signature prior to council consideration of the final plat for Reichert's Addition. 4. As shown in attachment G, Mr. Reichert objects and disagrees to the requirements of a perpetual conservation easement to be placed across the proposed outlots located between Pleasant View Road and Lotus Lake. Planner's Comments 1. As highlighted in attachment A, all the conditions in the proposed conservation easement (attachment F) are found,for the most part, in the city's Shoreland Management Ordinance No. 65. The city's shoreland ordinance, however, does not recognize the intrusion of motor boats in posted spawning beds. This prohibition is found in DNR regulations Section 101.42, subdivision 15 which, in effect, prohibits all motor boats from spawning areas. 2. The planning commission in recommending, and the council in requiring a conservation easement as part of plat approval, felt the conservation easement was necessary "to preserve the natural, environ- mental values of the shoreland and to prevent deterioration of it':s scenic qualities and further to prevent erosion and destruction of marshland vegetation and to prevent the loss of fish and wildlife habitat areas." The commission and council, I feel knew at the time DNR regulations adequately handle the protection and preservation of sensitive shoreland and natural areas; however, it has been our experience that a property owner becomes aware of DNR regulations after he has violated a specific regulation and caused, in most instances, irreversible damage -to sensitive areas. To alleviate ignorance as to specific environmental concerns, it was the feeling of the planning commission and council to highlight the salient features of important DNR regulations and manifest these regulations in the form of a conservation easement. By taking this course of action, every property owner who had his title examined, would be knowledgeable in city requirements as to the protection of sensitive environmental areas. 3. From a planning perspective, I believe the most appropriate use for the land located between Pleasant View Road and Lotus Lake is in the form of a common area which is "designed" to protect the sensitive environmental areas, provide proper access to Lotus Lake and adequately buffer neighboring property from encroachment. As you know, a proposal for a "common beach lot" was put forth by the planning commission in the beginning stages of this plat review. Planner's Recommendation Based on the facts that are known today, I would recommend the Planning commission not reconsider their recommendation of May 25, 1977. If, however, Mr. Reichert pursues some other reasonable use of the land located between Pleasant View Road and Lotus Lake, I would recommend the Planning Commission reopen their discussion on this issue: Provided the spirit and intent of the planning commission's recommendation of May 25, 1977, and the city council's action of June 6, 1977, is not compromised. U; CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 29, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition PLANNING CASE: P-299 Pei -it --inn Action by M Adn►iniStratm Modified_ Reje W Date - Date Submitted to Commission Date Submitted to COUndt As shown in attachment A, Mr. Reichert is requesting the City Council reconsider their action of June 6, 1977, to reapprove the plat of Reichert's Addition without the requirements of a conservation easement. Background 1. Community Location: As shown in attachment B, the subject property is located on the northern most portion of Lotus Lake. 2. Council Action of June 6, 1977: As shown in attachment C, the City Council duly rezoned the Reichert property from R-lA to R-1 and approved a preliminary plat for the Reichert property subject to the (planning commission recommendation) planner's recommendation of May 31, 1977. A copy of the planning commission recommendation regarding the Reichert rezoning and subdivision is made part of this report and included as attachment D. The city planner's report of May 31, 1977, is included herewith and labeled attachment E. 3. Conservation Easement: As shown in attachment F, the city attorney drafted a conservation easement pursuant to the city council of June 6, 1977. This conservation easement was submitted by City staff to Mr. Reichert for his signature prior to council consideration of the final plat for Reichert's Addition. 4. As shown in attachment G, Mr. Reichert objects and disagrees to the requirements of a perpetual conservation easement to be placed on the proposed outlot located between Pleasant View Road and Lotus Lake. `Mr. Don Ashworth -2- September 29, 1977 Planner's Comments 1. As pointed out in attachment A, all the conditions in the proposed conservation easement (attachment F) are found, for the most part, in the city's shoreland management ordinance No. 65. The city's shoreland ordinance, however, does not recognize the intrusion of motorboats in the posted spawning beds. This prohibition is found in DNR regulations Section 101.42, Subdivision 15 which in effect prohibits all motor boats from posted spawning areas. 2. The planning commission in recommending and the city council in requiring a conservation easement as part of plat approval, felt the conservation easement was necessary "to preserve the natural, environmental values of the shoreland and to prevent deterioration of it's scenic qualities and further to prevent erosion and destruction of marsh land vegetation and to prevent the loss of fish and wildlife habitat areas." The commission and council, I feel, knew DNR regulations adequately handle protection and preservation of sensitive shoreland and natural areas; however, it has been our experience that a property owner becomes aware of DNR regulations after he has violated a specific regulation and caused, in most instances, irreversible damage to sensitive areas. To alleviate ignorance as to specific environmental concerns, it is the feeling of the planning commission and council to highlight the salient features of important DNR regulations and manifest these regulations in the form of a conservation easement. By taking this course of action, every property owner who had his title examined, would be knowledgeable in city requirements as to protection of sensitive environmental areas. Planner's Recommendation I would recommend the council not reconsider their action of June 6, 1977. If the council feels, however, that additional information is required in order to make a decision to reconsider or not reconsider, I would suggest this issue be turned back to the Planning Commission for additional study and input. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. OAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT =- SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 936-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 26, 1977 City of Chanhassen c/o Mr. Bruce Pankonin, City Planner Chanhassen, Minnesota 55317 Subject: Reichert's Addition Final Plat Review Gentlemen: We have reviewed Reichert's Addition final plat as prepared by Egan, Field & Nowak. Our comments are as follows: 1. Utility easements at least 12 feet wide should be provided on all side lot lines. 2. The frontage of Lot 3 is only 80.59 feet. The northerly lot line should be relocated to pro- vide the required 90 feet. We recommend approval of the plat subject to corrections as noted above. Very truly yours, SCHOELL & MADSON, INC. -0/XV� WJBrezinsky:sq vSE� '2��� 977CP yax o$ co ItA NHAgggIY, ,. . MINN.gyp. CITY OF 7610 LAREDO DRIVEsP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 July 27, 1977 Robert Reichert 464 Second Street Excelsior, Mn. 55331 Dear Mr. Reichert: Pursuant to our telephone discussions this past week, it is my understanding that the City's Consulting Engineer, Bill Brezinsky, Schoell and Madson, has contacted your Engineering Representative, 'Vern Nichols, Eagan Field, and that these two firms are coordinating development plans for your property. Specifically, there has not been a road alignment change which would necessitate any "complete change" of your preliminary plat for development plans; and, secondly, that the City's Engineer will replace property corners in advance of work needed to be completed by Eagan Fields,after completion of restoration,as a part of the East Lotus Lake Improvement Project. Sincer y, Don Ashworth City Manager DA:njo /I2 GUSTAFSON, GUSTAFSON & ADAMS, P. A. HARRY GUSTAFSON WALTER C.GUSTAFSON MICHAEL J. ADAMS GREGORY D. GUSTAFSON JOHN M. BUJAN September 23, 1977 Mr. Bruce Pankonin Chanhassen City Planner P.O. Box 147 Chanhassen, Minnesota 55317 RE: Reichert's Addition Dear Bruce: ATTORNEYS AT LAW SUITE 411 7400 METRO BOULEVARD MINNEAPOLIS, MINNESOTA 56436 TELEPHONE (6I2) 835-7277 This letter is sent as a follow-up pursuant to our conference held yesterday morning in your office. At that time you, Bob Reichert, and I discussed the problems which the proposed "Perpetual Conservation Ease- ment" would create for Mr. Reichert and his successors in title. We discussed the fact that whereas at the time the plat was approved, on June 6, 1977, no Ordinance then existed in the City of Chanhassen pro- viding for a uniform set of rules protecting the City's shoreland areas, such an Ordinance was adopted on July 18, 1977. Said Ordinance applies to all shoreland areas in the City of Chanhassen and serves to provide for a uniform method of regulating the development and/or preservation of said shoreland areas within the City. Accordingly, it is Mr. Reichert's position that the necessity of a specific easement affecting only his property no longer exists with the adoption of said Ordinance. Accordingly, this letter will serve as the formal request by Mr. Bob Reichert to have the Resolution of June 6, 1977, reconsidered at the next Council meeting to be held.on October 3, 1977. It is our request that the City Council would, upon such reconsideration, reapprove the Plat of Reichert's Addition without the requirement_ of a Conservation Easement, in light of the protection afforded by the Shoreland Management Ordinance No. 65. If you have any questions regarding this matter, please do not hesitate to contact me at your convenience. Very truly GUSTAFSON, GDG:Imw Gregory D. cc: Mr. Robert Reichert Mr. John Giblin yours,, GUSTAFSON & ADAMS, Gustafson VILLAGE On C%T f a�4AN1AASSF-H► . 013 RUSSELL H. I.AR9ON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL - LARSON AREA CODE 612 CRAIG M. MERTZ June 17. 1977 TELEPHONE 335-9565 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, Minnesota 55317 Re: Reichert Subdivision Dear Bruce: Enclosed is our proposed conservation easement. Exhibit A would be the legal description of the outlots which will be created when the final plat is approved. Exhibit B would be the legal descrip- tion to the public park in Carver Beach. A review of existing standards for title examination indicates that this type of easement would automatically become void after thirty years' time unless the City owned another piece of real estate which would be benefitted by the enforcement in perpetuity of the restrictions set forth in the easement. Hence, the document refers to the park as dominant estate (i.e. the property benefitted by the easement over the Reichert property). If you wish to make any changes or corrections, please feel free to call. Once you have approved the easement document, it is our recommendation that the owner of the Reichert property be required to sign the easement before final plat approval. CMM:mep Encl. cc: Donald W. Ashworth Very truly yours, RUSSELL H. LARSON Craig M. Mertz Assistant Chanhassen City Attorney ? ' <-;r, UUN1977 1 �W f RUSSELL H. LARSON CRAIG M. MERTZ RaSSELL H• I.ARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 June 9, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 AREA CODE 612 TELEPHONE 335-9S6S Re: Rezoning of Reichert Property Dear Don: t K. Enclosed you will find my proposed ordinance whereby the Reichert property on the northeast corner of Lotus Lake is re -zoned from R-lA to R-1. The Council minutes -should reflect that the City Council voted to adopt such an ordinance atiheir June 6, 1977 meeting. If you find the ordinance to be in order, please arrange for the usual publication. Very truly yours, RUSSELL H. LARSON x Craig M. Mertz CMM:mep Encl. JUN 1977 l RECEIVED '"U►6E O Qj �11�[Nggg� ,�• City Council Meeting Jund 6, 1977. LIMINARY PLAT.- SARATOGA LANE; Jim Hawks and Doug Hanson were present. The C' P a r gave a report. The property is located on the west side of Laredo Dri. north the Chanhassen Elementary School and is'zoned P-1. A part of.this tition is to vac a portion of the street now known as.Saratoga Lane from th &trick Kerber proper westward. The City Attorney has rendered that this in :fact a city street. City Planner suggested that Hansen and Klingel z be required to construct sidewa along this portion of Laredo Drive as L do Drive :is a collector street. The nning Commissi"on held "a public h ng and recommended approval. The City Planne ecomnended approval subjec . o the installation of. sidewalks and the city succes lly vacating a port of Saratoga Lane. Councilman Pearson moved to hold a p is hea g on July 11, 1977, at 7:30 p.m. to consider the vacation of a road now y known as Saratoga Lane. Motion seconded by Councilman Neveaux. The f o voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz nd Gevi 'No negative votes. Motion carried. Councilman Geving moved to a ove the preliminary p "&$',shown in Exhibi't.6 dated May 11, 1977, for Hansen Klingel.hutz'Construction subject to the vacation of a road now know as ratoga Lane. Motion seconded by cilman Neveaux. The following voted in or: Mayor Hobbs, Councilmen Pearson, Ne ux, Geving, and Waritz. No negative vot . Motion carried. jCouncilma earson moved to grant Hansen and Klingelhutz construction Co a grading permi Motion seconded by Councilman Waritz,.' The following voted in fa Mayor Ho Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. M ' n rried. PRELIMINARY PLAT AND REZONING - ROBERT REICHERT: Mr. Reichert Was present requesting rezoning of his property from R-lA to R-1 and approval to subdivide the property into residential lots. The property is located on the north end of Lotus Lake. Sewer and are currently being installed to the property. The Planning Commission held 0 " ?�,water a public hearing on the proposal and recommended approval subject to a conservation easement along the shore of Lotus Lake, an ordinance Iq Councilman Pearson movedpto rezone the Reichert property from R-lA to R-1. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen `1 Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried, Councilman Neveaux moved that the preliminary plat for Robert Reichert be approved .3 subject to the Planner's recommendation of May 31, 1977. Motion seconded by Councilman a Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, nQ Geving, and Waritz. No negative votes. Motion carried. v P�G INSPECTOR FEES: Mr. Hubert Forcier has requested an increase in his to aspect on. No action was.taken to allow the City Mana make a specific recommen regarding the proposed rate increoses f 1ng permits and to review the metho payment of consultive or. fees. SHORELAhtR,MMAGfMOT REC ATTONS': '.Coubc eap',move4. to place :es---ffre.t•reading an ordln&ctbtttabl-is� Standards rites a e managanent of municipal shoreland areas within the C Chanhassen incorpora eference the DNR Regulations 82, 83, an nd also incorporating the classifica tem that the DNR has adopted anhassen lakes Motion seconded by Councilman, Pea The followin in favor: Mayor Hobbs, `CoOcil.men Pearson, Neveaux, Geving, an No ive votes. Motion carried. CITY OF (b CHANHASSEN 'Y,-A 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 31, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition, Rezoning and Subdivision Approval PLANNING CASE: P-299 APPLICANT: Robert Reichert Petition Two planning issues are requested in this request. The first involves rezoning the subject property from R-lA to R-1 Singld Family; and the second issue, involves subdividing the subject property into residential lots. Each of these issues will require separate council action. Background 1. Community Location: As shown in attached enclosure 1, the subject property is located on the northern most point of Lotus Lake. 2. Comprehensive Plan Proposal: The subject property and environs is to assume a low density single family identity upon the installation of sanitary sewer and water. 3. Municipal Services: Sanitary sewer and water is presently being installed along Pleasant View Road. This public improvement project will provide the subject property with necessary municipal utilities. Rezoning Petition The criteria for evaluating Mr. Reichert's rezoning petition is the adopted City Plan. As you know, the subject property is to assume a low density single family residential identity upon the construction of necessary utilities. On this issue, I recommend the City Council find Mr. Reichert's request to be postively consistent with the spirit and intent of the city's plan for land use, transportation and utilities and I recommend the council rezone the subject property to R-1 Single Family. Mr. Don Ashworth -2- May 31, 1977 Subdivision Issue The criteria for evaluating Mr. Reichert's subdivision petition is found in city ordinance 33 (Subdivision Ordinance). All new lots pro osed to be created, that is, all residential building sites, /hee� or exceed the minimum requirements as set forth in the city's Subdivision Ordinangp and the lot restrictions as specified in the R-1 use district e creation of numerous outlots on the south side of Pleasant View Road, could create an environmental hazard if not properly controlled. As you know, the DNR has posted a bass spawning bed extendingthe full length of the Reichert property on Lotus Lake. I recommend the city council find Robert Reichert's subdivision plan to be positively consistent with spirit and intent of the city's Subdivision Ordinance, Comprehensive Plan and Zoning Ordinance provided a conservation easement is placed on all new proposed outlots to be created on the south..side of Pleasant View Road. The purpose of this conservation easement would be to preserve the natural environmental values of the shoreland and to prevent deterioration of scenic qualities,.and further to prevent erosion and destruction of marsh land vegetation and to prevent the loss of fish and wildlife habitat areas. Public input As shown in enclosure 2, the City Planning Commission duly held a public hearing on May 11, 1977. The general tenor of neighborhood concern was prohibition against creation of an association lot to be used by all residents in the proposed Reichert's Addition. Since the public hearing Mr. Reichert and the Planning Commission have aborted the proposal to create an association lot and have common access to Lotus Lake. Planning Commission Recommendation 1. Rezoning: On May 25, 1977, the Planning Commission made the following recommendation to the City Council, "Hud Hollenback moved the Planning Commission recommendsthat the City Council rezone the subject property from R-lA to R-1. Dick Dutcher seconded the motion. Motion unanimously approved." 2. Also on May 25, 1977, the Planning Commission made the following recommendation to the City Council regarding subdivision of the Reichert property: "Dick Dutcher moved to recommend the council approve the subdivision subject to the conservation easement be placed upon the outlots located on the south side of Pleasant View Road as indicated on the public hearing exhibit of May 11, 1977. (Attached exhibit 3). Said conservation easement to include a prohibition on the placement of docks on said outlots, a prohibition of dredging of said outlots, a prohibition against the cutting of marsh land vegetation, a prohibition against the launching of motorized boats, a prohibition against any disturbance of spawning areas posted in the waters abutting the outlots, a prohibition against any filling or excavating on the outlots. The purpose of these restrictions would be to preserve the natural environmental values of the shoreland and to prevent deterioration of scenic qualities and further to prevent Mr. Don Ashworth -3- May 31, 1977 erosion and the destruction of marsh land vegetation and to prevent the loss of fish and wildlife habitat areas. The prohibition against docks takes care of any existing docks on the property. Motion seconded by Hud Hollenback. Motion unanimously approved." City Planner's Recommendation I am in total concurrence with the City Planning Commission's recommenda- tion on the rezoning and subdivision issue. The city attorney should be instructed to draft said proposed conservation easement as indicated by the Planning Commission. Further, as a condition of subdivision approval, the applicant should be required to enter into an agreement with the City of Chanhassen outlining the concerns of the Planning Commission, binding the applicant to the scope of the proposed subdivision area as approved and required to pay all city administrative costs in_processing this application for rezoning and subdivision. It should p be noted that the city, in placing the conservation restrictions on the outlots, is attempting to comply with the guidelines and spirit and intent of the State Shoreland Management Act. However, as these represent conservation restrictions and remain under private ownership, the city is not accepting these lands in lieu of or for public park purposes. ftm dY. M9 Administrator Endorset, Modified RejectedDate - Date Submitte: to coni' is :cn Due Sut:mi+'ed to Council _._._.,.931tl_A� Mil._. _ _._ ., _._HENr€e�RVER._._._.- coUN'fY'' _._. _. _.-. � EEDp Ma, LANE W cpop •1 . LUL _r a! ¢a—�—_ ti ¢ L. I GLEN 19... _ ,1•- I 6,�5� , I � LARYEfl.--�E.�°°L`�\� � ,fil -LOTUS l \ Rlpo u // LAKE LUCY .LAKE I COMMUNITY LOCATION 1 I CI ROBERT REICHERT yYay' T 4 T3a --_- T REZONING & SUBDIVISION I �. I I7 I ■ I �� R-1 i ; u BOULEVARD / I Il�� 2 / 1 I Y ! _"�•"�\-..-_ .... E�T I I ...ARBORETUM � 1 101 _ - - _.. _. - 16 _WY`2T--1LI�.iyl l/SiEI-T. 1 �— - I �= z a�J I 41 I � ( �pP I�101 � ! fii01 P z -----'----' 11--- ---- ------ - _ __ I �> - ' I i 820 LAKE BUSAN / ,'.�> p•o I T50 ._._._........ --__ .—.._ v /__—_ —_ _ �/: 661p—STREET.... •.✓� as. e700—! sac 1 � � —•'\0 � 89S 9000 �..`.. 2)..,- .. - il.--i. _.L ". .i1YA/1-_• _. AIP _=:_ ____- .. 1\ iiNnN--- __n 910 y - i oil p -- LAKE 9z1 L � I I� OF it RILEY \ iW 9a 9F ._W - ST.PR 9fioo- --- �� r� I ------ is _ 9700 104 PIONEE P. 20 � I . A I � ( I iol a • I ,_ � L_.Ih-9T-� ,I — :�n�,rlllfvllll/I/III� Planning Commission Meeting May 11, 1977 -4- ftcaell Larson - That's an awkward way to do it. Jerry Neher - uld like very much to be out ther now as John Q. Citizen an for it. However, i-f did that we wouldn't have a quorum. - -_ Les Bridger_mov-ezi & closet' the public~ hear —`Motion seconded by ale er. Motion unanimously approved. Hean—n`q closed at 9:05 p.m. motion made by Les-�etrd� n -t e ordinance amendment unanimous PUBLIC HEARING REZONING AND SUBDIVISION OF LAND FOR ROBERT REICHERT Dick Dutcher called the hearing to order at 9:10 p.m. The following interested persons were present: Margaret Thompson, 695 Pleasant View Road Mr. and Mrs. Omer Nemitz, 665 Pleasant View Road Tom Seifert, 600 Pleasant View Road Harvey Robideau, 540 Pleasant View Road H. Charles Lentz, 2300 First National Bank Bldg., Mpls. Bill Brezinsky Russell Larson Robert Reichert, Box 332, Excelsior The City Planner read the official notice as published in the Carver County Herald. The City Planner gave his report. The property is located on the north end of Lotus lake and is zoned agricultural. Sanitary sewer and water are being installed now. The City Plan shows the area to be low density single family. The rezoning and subdivision are consistent with the spirit and intent of the city's plan for land use, transportation, and utilities. The Planning Commission should comment on the number of boats that are proposed to be moored at the common beach lot. He suggested that restrictions be placed on the mooring of one fishing class boat and motor for newly created lots. Article V in the covenants should be expanded to include the 30 foot front yard setback. The city should not be approached for a number of variances to the front yard setback. Real estate signs should be restricted to four square feet as permitted by ordinance. The City Planner recommended that the Planning Commission find the rezoning from R-lA to R-1 to be positively consistent with the spirit and intent of the city's plan for land use. Further, he recommended the Planning Commission act favorably on the proposed subdivision conditione upon the filing of the restrictive covenants as amended. Drainage easements should be shown on the proposed outlots along the lake. Bill Brezinsky - The sanitary sewer and water is being installed and will be available later this summer. We don't anticipate that this development will necessitate any additional drainage structures. The utility easements on the lot lines should be shown on the final plat as required by ordinance. /,?:,— /L ,ram Planning Commission Meeting May 11, 1977 -5- Robert Reichert - The items that were questioned by the Planner, I can go through them very quickly and I agree with most of everything he has said. I believe that there is a sign ordinance in the community that restricts this to a four square foot sign which is one of the items. I notice that under Article III, Section 4 Taxes and Municipal Special Assessments on the common area would be levied against the common area and on these outlots. Are the outlots subject to special assessments? Bill Brezinsky - No. Bruce Pankonin - They are not buildable anyway. Robert Reichert - Article IV where Bruce has questioned the mooring of more than one fishing type boat and motor I have a question in my mind, if that is maybe to restrictive or that is acceptable to people in general that in an area where we have control over docks or a dock if we can go that far and say that just one fishing type boat and motor, one sailboat or something like that._ At the end of Article V I have put in there, shall be a front yard setback of 30 feet as proposed by Bruce. I wanted to find out if that is the ordinance of the city. Bruce Pankonin - That is what it is in R-1. Robert Reichert - Article VI, No building, fence and I added dock, or wall shall be erected, placed or altered on any lot. I felt that we should add that dock. We had no indication of dock anywhere else. Russell Larson - I have not had a chance to look at these covenants and restrictions in depth although I have scanned them and they look to be quite adequate. At this particular point I did flag that language starting with boat launching. I would like to see that sentence read: Lake use, boat launching, docks, and mooring, etc. My thought in that is that I would not want someone to come to us someday and say, well you have approved these covenants and restrictions therefore you are allowing me to use my 50 horse Johnson on that lake notwithstanding the fact that you have cut the horsepower back to 15 or whatever. Dick Dutcher - So that in Article IV, Section 2 the last sentence should start with the two words lake use. Tom Seifert - Mrs. Osgood has given me a letter to present to the Planning Commission. The only real concern I have, I am really not sure about the covenants if they are to strong or to weak. I think the biggest thing on my mind is on the association lot I guess from a number of standpoints I see it as a real problem for the neighborhood. We would like to see it kind of develop _like the whole neighborhood is and that's basically a lot on one side and an outlot on the other side. I see supervision as being a problem. I see parking being a problem. The biggest problem we have in the area is people trespassing. Dick Dutcher read the letter from the Osgoods. "We would like to go on record that we oppose any multiple subdivision or public dock and launching site at the north end of Lotus Lake in particular Bob Reichert' property. The reasons we oppose such a measure are: 1. Close proximity to private lakeside homes, and 2. It would tend to disrupt the fish and wildlife habitats that are now protected in this area." Omer Nemitz - I think we all have the same concerns. I think the intent of the Planning Commission as I heard from the result of the letters is to keep it a private property right. You are opening it up with the association on a very narrow lot as I see it. If that's Planning Commission Meeting May 11, 1977 -6- the case and five members all decide to go down to the beach on a Sunday afternoon and they bring a guest,there is ten cars. They will be parked in a very narrow area. Bruce Pankonin I think that's a moot issue because the DNR Shoreland Management Regulations would apply in that case. Harvey Robideau - Would it be possible that more lots could be developed in this area? I.am concerned that if this is allowed possibly there would be some other property developed and several families would get together and buy one specific lot and then we would have double the problem. Russell Larson - I would .say not under these covenants and restrictions. They could not. Charles Lantz, Attorney for Near Mountain - We have no objection to what is going on. I am just here for information purposes. Bob Reichert - These are some of the same arguments I had originally with Bruce. I didn't want to get into this association thing. I didn't want to go to the expense of all these covenants but I was convinced by the Planning. Commission at our last meeting, by.the Planner that I should. These expenses have gone to the point of trying to do the right thing but I appreciate the neighbors comments because they are the same as mine. Omer Nemitz - Do I interpret what you said is that the Planning Commission is encouraging you to create this outlot. Bob Reichert - Yes. Omer Nemitz - Could I ask what the Planning Commission's reasons for encouraging an Outlot E for this type.of_ thing? Jerry Neher - The first plat we saw showed outlots on it. We went along with it. We didn't particularly encourage him to create the outlots. Dick Dutcher - Of the proposals that we of the Planning Commission see very few developers go to the trouble and to the expense,particularly concerning the size of the project involved here, to attempt to answer concerns and also be sensitive to the development of the land. Margaret Thompson - I don't think any of us have any problems with the outlots as such. It's the idea of the association where one lot is being utilized by all of the homeowners. You know the problems we have had in Carver Beach. That is a public access which has been closed but never the less this is essense almost becomes the same kind of thing. Who is going to do the supervising and provide the necessary patrol? A lot of the homeowners are going to be a half a mile down the road or more and because of the contours of the land and the road it's not visible. Bruce Pankonin - In the initial discussions with Bob on this subject it was proposed to create a number of outlots, I think it was in excess of what is proposed here, to attach these to each of the parcels across the road. This has the same affect as having one lot and an association because each of the lots then could have some rights to the lake. It was my feeling because of the spawning bed and the unbuildable nature of the vast majority of that parcel that any activity on the lakeshore should be concentrated in that one area where the land is suitable and not muck up the muck so to speak in the rest of the area. That was the reason for this association rather than having nine separate little lots going with each of the lots across the road, put it all on one piece of property and that generated an association lot. Planning Commission Meeting May 11, 1977 -7- Margaret Thompson - Why do all nine lots have to have access to the lake? Bob Reichert - They probably won't. I would suspect that the lots that are surrounded by Near Mountain Project on the north end probably not have any access except if they want it. They won't have an individual outlot. In a lot of areas they will have a lot and they will say you have access and they might not have an association. This is not controlled at all. Here, I would hope, that if we do have a common area that people that will have either a lot or an outlot will take it upon themselves to be on the architectural control committee which will control what goes on. Whether we have any parking on that. We could scratch all the parking and say no parking or we could leave it up to the architectural control committee to determine if there is any parking because this is the only place that you have access. It is the only place that I think anyone should go on this property to the lake. Other than that we don't want to have individual docks on different sites. The association was kind of pushed on me with the idea that this is the way you can settle it without giving individual people lots. I thought it would work out. If it doesn't I would just as soon abandon the idea of an association and throw it up in the air, go back to the plan of giving people an outlot. The City Planner suggested that the Planning Commission continue the public hearing until the second Wednesday in June to allow the people time to articulate their concerns on this plat to the Planning Commissioi Bob Reichert - I would like to take the next step if there aren't any strong objections. Roman Roos - We have been on this for several meetings and we have guided Mr. Reichert to the degree he is at right now. He has gone along with most of our recommendations. I feel at this point in time, speaking for myself, that I can see no reason why we can't make a recommendation to the Council. Roman Roos moved to close the public hearing. Motion seconded by Les Bridger. Motion unanimously approved. Hearing closed at 10:00 p.m. REZONING AND SUBDIVISION OF LAND - ROBERT REICHERT: Jerry Neher moved to table action until the next regular Planning Commission meeting. Motion seconded by Les Bridger. Motion unanimously approved. N% IC HEARING SARATOGA LANE PRD HANSEN ANb`KLINGELHUTZ CONSTRUCTION CORPORATION Dick Dutcher calle�wer aring to order at 10:00 p.m. Th ollowinq interested personsesent: Robert Navarro, 516 Lare -Lane Greg Eidan, 501 Laredo Lane Jim Hawks Thomas Klingelhutz Doug Hansen, 17001 �;todo)_ bad, Minneto Russell Larson Thomas C . Hanorl Patrick It -tier Bil ezinsky eY-a-ig Mertz REGULAR PLANNING COMMISSION MEETING MAY 25, 1977 1 MacAlpine called the meeting to order at 8:00 p.m. with the fol. g mem .resent: Dick Dutcher, Roman Roos, Hud.Hollenback, J eher, Walter Tho Qn, and Les Bridger. Craig Mertz and Russ arson were present. Hud Hollenback moved to de Housinq.,(3c5a'ls from this agenda and schedulE it for the second meeting in JJU tion seconded by Dick Dutcher. Motion unanimously approv MINUTES: Dic tcher moved to approve the April 0'-- ,,977, Special Plan i ommission minutes. Motion seconded by Hud Hollenbagk. Motion wwarl-m-ously approved. Amend the May 11, 1977, Planning Commission minutes by adding the following: 1. Robert Reichert Public Hearing. In the restrictions, reviewed by the Planning Commission, for the outlots no mention was made of prohibiting docks on the outlots other than the association lot. Mr. Reichert agreed to incorporate that restriction. 2. Saratoga Lane Public Hearing. At this public hearing is the first time Planning Commission members heard of any possibility of public interest in a public road or an alleged public road. Jerry Neher moved to approve the May 11, 1977, Planning Commission minutes as amended. Motion seconded by Les Bridger. The following voted in favor: Les Bridger, Roman Roos, Dick Dutcher, and Jerry Neher. Walter Thompson, Mal MacAlpine, and Hud Hollenback abstained. Motion carried. OTHER -IN-LAW APARTMENTS: Mr. and Mrs. Willard Johnson were prese . question before the Planning Commission is, should the R-1 U Dist 'ct be expanded to include a mother-in-law apartment to b used by a n ural or adoptive parent of the fee owner or contrac uyer of a piece of operty as an accessory use. The City Planner commended the ordinance b ended to include mother-in-law apartmen Bruce Pankonin - believe the City should amend a ordinance to allow a living parent to ide with a child in the C' y and I think the City should try to change t policies of the Sew Board regarding the SAC units. I don't think the ity wants to gi status to a duplex by requiring payment of an add ional sewe and water unit. Russell Larson - Let's dispose o e issue now,that I think Jerry Neher`s raised the last time we met on t s, can this restriction be accomplished by a deed restriction? I can' find a legal authority for a municipality to enforce a p vate cove in court. We don't have that authority. This is a mat er, a.neighbor why might be offended by a violation of a private ovenant could act on we don't have that authority. I feel s ongly that there is no pra ical or feasible way of enforcing a pr ision which would allow for a mo er-in-law apartment once the mother n-law moves out. You have got, esse 'ally, another dwelling uni in one structure. The mother-in-law moves ut or the house is s d and the family moves to another town, the bu looks at that ap ent, looks at that.two dwelling unit, he is buying duplex. He is yoking at the prospect of buying a duplex and renting it t or p�ppresentations s bly putting his mother-in-law in there. I am concerned about at are made at the time of sale to a buyer. i�j.}I► v1TKJ Planning Commission Meeting May 25, 1977 -4- iestyles within a residence and in effect by denying a person the rto modify their home in a safe and constructive way to accommoda their Lily we would be doing this. For those reasons I would vote in favo of the Planner's recommendation with the strict limitati that woul e put on it, i.e. residents family, recognizing tha ou may have enforc nt problems although I think we've enforcement oblems right now. Mal MacAlpine - My inion is that the present ordinance -broadly takes care of a situation ere you might have a mother-in7fa-w or a blood relative moving in. T only thing it doesn't perrsift is the second kitchen facility and I a pt that and that maker it somewhat restrictive because it's obviously more onvenient for an olderly person to live on the main level and to have k hen facilitie*'on that level and I accept that. So if I had the situatioXe 1--would have to do one of two things;I would have to look at living quarters for myself,. different arrangements for my mow and I would think long and hard what I would do. Generallyhave to say amending the ordinance would not solve the sither because I think it creates a possible additional problem �:,enforcement for one thing and the protection of people at move into a single residence area expecting it to be maintai d as a single resicT`=..ntial area. Les Bridger moved that_ Vie, as a Planning Commission vecommend to the City Council that w,- do not recommend a change in the (at-dinance but leave the ordinan,-:e as it is presently stated. Motion seconded by Walter Thompson, The following voted in favor: Les Bridge , Walter Thompson, Mal.I�IacAlpine, Roman Roos, and Hud Ho,llenback. Dick, Dutcher and Jerry Pdelier voted no. Motion carried. Dick Du+cher - I think that my position in favor of it would have beer fualified by what Russ just said, the intent should be spelled o ,- •. f mother -in-laws or close relations only and that's it. erry Neher - That would also be my feelings. ROBERT REICHERT REZONING AND SUBDIVISION: Bob Reichert was present. The Planning Commission held a public hearing on May 11 to consider j� rezoning and subdivision of the property. The City Planner recommended the Planning Commission find Mr. Reichert's request to be positively consistent with the spirit and intent of the City's plan for land use, transportation, and utilities and recommend the Council rezone the v v property from R-lA to R-1. All lots to be created are buildable sites. The outlots on the south side of Pleasant View Road could create an • environmental hazard if not properly controlled. The DNR has posted the area as a bass spawning bed. The City Planner recommended the Planning Commission find the subdivision plan to be positively consistent with the spirit and intent of the Subdivision Ordinance, Comprehensive Plan, and Zonin,i Ordinance provided a Conservation Easement is placed on O all proposed outlots. The purpose of the easement would be to preserve the natural and environmental values of the shoreland and to prevent �p the deterioration of its scenic qualities and further to prevent erosion I� and destruction of marshland vegetation and.to prevent the loss of fish and wildlife habitat areas Hud Hollenback moved that the Planning Commission recommends the Council rezone the subject property from R-lA to R-1. Dick Dutcher seconded the motion. Motion unanimously approved. Planning Commission Meeting May 25, 1977 -5- Bob Reichert - I agree with Bruce in everything he has brought out. I think the best way is to forget the common area. In fact forget the whole deed restriction document. All we are doing is looking at a. subdivision based upon; are they legal lots and the conservation area that Bruce is talking about. It's all right because there is only one dock at that end of the lake. It happens.to be on my property. It is. used by a neighbor. I think it's a good canoeing lake. A conservation district would not destroy this element. You still have canoes and I do believe you can still swim. I think what Bruce has been talking about fits into the scheme of things. Dick Dutcher - You would agree then to a restriction of.no docks at anyplace along your lake front? Bob Reichert - I would agree to it but the people that will own the land later maybe you will have'to convince them of this. I assume that you have ordinances covering this in.the community. Bruce Pankonin - I think the bottom line, Bob, is that we don't want motorized water craft going in the spawning bed and tearing up the aquatic vegetation. Bob Reichert - It's reasonable. In fact I agree because that is a shallow part of the lake. My neighbors that came in at the public hearing responded very effectively. They didn't want a common area. They didn't want a lot of docks. They didn't want motorized boats and I agree. The only reason I came up with those deed restrictions was for the association for the common area that we talked about and now I just tore it up. Craig Mertz - Would the outlots be for sale to persons buying the landlocked building sites? Who's going to own the outlots? Bob Reichert - I plan to sell them with the contiguous lot. Dick Dutcher moved to recommend the Council approve the subdivision subject to a Conservation Easement being placed across the Outlots located on the south side of Pleasant View Road as indicated on the fublic hearing exhibit of May 11, 1977. Said Conservation Easement to nclude a prohibition on the placement of docks on said outlots, a prohibition of dredging off of said outlots, a prohibition against the cutting of marshland vegetation, a prohibition against the launching of motorized boats, a prohibition against any distrubance of the spawning area posted in the waters abutting the outlots, and a prohibitiol against any filling or excavation on the outlots. The purpose of these restrictions would be to preserve the natural environmental values of the shoreland and to prevent deterioration of it's scenic qualities and further to prevent erosion and destruction.of marshland vegetation and to prevent the loss of fish and wildlife habitat areas. The prohibition against docks takes care of any existing docks on the property. Motion seconded by Hud Hollenback. Motion unanimously approved. CREEK DRIVE STREET IMPROVEMENT: Several area residents we preseri e C ty Council has requested the Planning Co on review the street an recommendations. The issue speed of trucks on the street and wha tity should the assume. Residents have petitioned the City to lower emit and remove all trucks from the road. The City cannot 1 ks nor can. the City restrict the speed on Bluff Cr rive because th et is a state aid street. The City Plann commended the Planning Commis old a public hearin e imput from the neighborhood, county, an to interest a ition the Commissioner of Highways to reduce the spee CITY bF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 19, 1977 TO: Planning Commission, Staff and Robert Reichert FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition, Rezoning and Subdivision Approval PLANNING CASE: P-299 Background Pursuant to planning commission request, this agenda item was placed for planning commission consideration to consider rezoning and sub- dividing Robert Reichert's property on the north end of Lotus Lake. Petition Two planning issues are requested--tn this planning -case. The first involves rezoning the subject property from R-lA'.to R-1 single family; and the second, involves subdividing the subject property into residential lots. Each of these issues will require separate planning commission and council actions. Rezoning Petition 1. The critiera for evaluating a rezoning request is the adopted City Plan. As you know, the subject property is to assume a low density residential identity upon the construction of necessary municipal utilities. On the zoning issue, I recommend the planning commission find Mr. Reichert's request to be positively consistent with the spirit and intent of the city's plan for land use, transpor- tatvon,.ard utilities, and recommend the city council rezone the subject property to R-1 single family. Subdivision Issue 1. The criteria for evaluating Robert Reichert's subdivision petition is found in city ordinance 33 (Subdivision ordinance). All new lots to be created, that is,all_-residential building sites, meet or exceed the minimum requirements as set forth in the city's subdivision ordinance and lot restrictions as specified in the R-1 use district. Planning Report -2- May 19, 1977 2. The creation of numerous outlots on the south side of Pleasant View Road, could create in environmental hazard if not properly controlled. As you know, the DNR has posted a bass spawning bed extending from the Seifert residence directly across the lake and encompassing all of the water area lakeward of the Reichert property. Planner's Recommendation I recommend the plannnig commission find Robert Reichert's subdivision plan to be positively consistent with the spirit and intent of the city's subdivision ordinance, comprehensive plan and zoning ordinance provided a conservation easement is placed on all proposed outlots to be created on the south side of Pleasant View Road and Lotus Lake. The purpose of this conservation easement is to preserve the natural environmental values of the shoreland and to prevent deterioration of it's scenic qualities and further to prevent erosion and destruction of marsh land vegetation and to prevent the loss of fish and wildlife habitat areas. This recommeridation seems to be consistent with the statements made by Mr. Reichert at the public hearing and statements made by neighborhood residents. r CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 6, 1977 TO: Planning Commission, Staff and Robert Reichert FROM: Bruce Pankonin, City Planner SUBJ: Reichert Subdivision Plan PLANNING CASE: P-299 APPLICANT: Bob Reichert Please attached the following enclosures with your copy of exhibit 1, Reichert's Addition. Enclosures 4. Preliminary Plat dated April 21, 1977. 5. Proposed Declarations of Covenants, Conditions and Restrictions. 6. City Planner's Report dated May 6, 1977. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 6, 1977 TO: Planning Commission, Staff and Robert Reichert FROM: Bruce Pankonin, City Planner SUBJ: Subdivision Plan for Reichert's Addition APPLICANT: Robert Reichert PLANNING CASE: P-299 P a i- i -F i nn The petition before the Planning Commission is to rezone the subject property from R-lA to R-1 and subdivide the property as shown in enclosure 4. Planner's Comments 1. The critieria for evaluating a rezoning request is the adopted City Plan. As you know, the subject property, pursuant to the City's plan, is to assume a low density single family residential identity upon the construction of sanitary sewer and water. 2. The proposed rezoning and subdivision plan is consistent with the city's plan for land use and sound planning principles. 3. Of particular interest, to the Planning Commission, is the attached proposed Declaration of Covenants. I think the Planning Commission should comment on the number of boats to be moored and length of dock to be constructed on Outlot E (common beach lot). I suggest the association be restricted to the mooring of one fishing class boat and motor for each newly created residential dwelling unit. Further, Article 5, as shown on page 5 should be expanded to include a front yard setback of 30 feet; and under Article 8, Section 2, Real Estate signs should be restricted to four square feet. t � v Planning Commission ,2- May 6, 1977 Planner's Recommendation The Planner recommends the Planning Commission find the rezoning petition to be positively consistent with the spirit and intent of the city's plan for land use, utilities and transportation. Further, the Planner recommends the planning commission act favorably on the proposed subdivision conditioned upon the filing of restrictive covenants as amended by this planning report. AFFIDAVIT ( , 2UBLICATION 6tate of Ohnntgota, Countyof ............ Gax.y.er................................................... CITY OF CHANHASSEN CARVERAND HENNEPIN Wm. Mc Garr bein ............................................................................................ g duly sworn COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING on oath says he is and during all the times herein stated has been the publisher and printer of ON PROPOSED REZONING AND SUBDIVISION the newspaper known as ....... Carver .....COL7Pl•ty•,•. •_r.a,a( ......................, and has full OF LAND FOR ROBERT REICHERT, knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English CHANHASSEN,MINNESOTA language in newspaper format and in column and sheet form equivalent in printed space to at NOTICE IS HEREBY GIVEN THAT the Planning Commission of the City of least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each Chanhassen, Minnesota will meet on Wednesday, May 11 1977, at 9:00 o'clock week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest P.M., at the City Hail, 7610 Laredo Drive, to the community which it purports to serve and does not wholly duplicate any other publica- Chanhassen, Minnesota, for the purpose of holding a public hearing on a proposed tion and is not made up entirely of patents, plate matter and advertisements. (4) Said news - rezoning of land and preliminary plat for Robert Reichert and involving the paper is circulated in and near the municipality which it purports to serve, has at least 500 following described 7.8 plus or minus acre copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total tract of land: Tract B, Registered Land Survey Na. 14, li l circuaton currentaid or no more than three months in arrears and has entry as second - y p y files of Registrar of Titles, Carver County, Minnesota. C. class matter in its local post -office. (5) Said newspaper purports to serve the ........ EXCEPT That part of Tract B, Registered Land Survey No. 14, Carver County, Min- h 1. of.............iltt�.t................................._an the County of..... Q.6mver............,............I......,........... nesota, on file and of record in the office of the . Registrar of Titles, t O it Chag and at has its known office of issue an the......0....................of.....................k.R............•................... lying Southerly and Westerly of the following described line; Commencing in said county, established and open during its regular business hours for the gathering of at the Northwest corner of Tract A, Registered Land Survey No. 18, news, sale of advertisements and sale of subscriptions and maintained by publisher of said Carver County, Minnesota, on file and newspaper or persons in his employ and subject to his direction and control during all such of record in the office of the Registrar of Titles; thence North 70 degrees 54 regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy minutes East along the Northerly line of each issue immediately with the State Historical Society. (7) Said newspaper has complied of said Registered Land Survey No. 18, a distance of 489.60 feet to the Nor- with all the foregoing conditions for at least two years preceding the day or dates of publication theast corner of said Registered Land Survey Survey No. 18, which point is the ac- mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior tual point of beginning of the line to be to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the described, and which point is on the center line of Lake Street, as now laid Secretary of State and signed by the publisher of newspaper, and sworn to before a notary out and traveled; thence Southeasterly along the center line of public stating that the newspaper is a legal newspaper. said lake Street a curve having a radius of 345.76 feet, and a delta angle j �( Qg He further states on oath that the printed Notice hereto of 18 degrees 13 minutes 41 seconds and a distance of 110.0 feet, (said attached as a part hereof was cut from the columns of said newspaper, and was printed and curve having a chord of 109.53 feet and a rhord bearirg of South 39 degrees 14 published therein in the English language, once each week, for.... 000 ...............successive weeks, minutes g seconds East); thence South 2 degrees 19 minutes 30 seconds Fast that it was first so published onThtlr3da th.......... 21.0.t..................,...............day of on a straight line to the Northerly ...............y ....... ••'••••••���• Shore line of Lnng Lake and there terminating. A ri 1 _......p................... ..................._............. , 19.77 and was thereafter printed and published on A plan showing said proposed rezoning and preliminary plat is available at the City Hall. every..- ................ _ ......................................... to and including the.................................. ..................... All persons interested may appear and be heard at said time and place. day of ....................................... _.......................... 19........ and that the following is a printed copy BY ORDER OFCOMMISSION THE PLANNING COMMIS of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being Bruce Pankonin, City Planner the size and kind of type usedenetata ,. and publication of said notice, to•wit: Dated,: April 18, 1977 (Published April 21, 1977 in the Carver kl o rst Yz County Herald.Subscribed and sworn, in bejoda} n,+_ . 4y _.`....._.... .., 19_ Votary Public .... _.....,...._.... _........ County. Minnesota r Commission Expires...... ntlLORRAINE LANO l NOTARY PUBLIC — MINNESOTA CARVER COUNTY ¢ My Cor ;mission Expires June 29, I982 ... ✓tl.TPO'Illidt voNvK1'o i Mr. Harvey Robi:deau Rt. 7 Box 938 Excelsior, MN 5533.1 Mr. Louis Guerre Rt. 7 Box 923 Excelsior, MN 55331 Mr. Joseph J. Smith 550 Pleasant View Road Excelsior, MN 55331 Mr. Carl Schevenius 527 Penn Ave. South Minneapolis, MN Near Mountain Properties 5000 Wayzata Blvd. Minneapolis, MN Mr. Tom Seifert 600 Pleasant View Road Excelsior, MN. 55331 Mr. Michael Thompson ' 695 Pleasant View Road s., Excelsior, MN 55331 '. Ms. Mary Reichert Rt. 7 Box 85.98-A Excelsior, MN 55331 Mr. Omer Nemitz 665 Pleasant View Road Excelsior, MN 55331 Mr. Sewall Osgood Jr. 745 Pleasant View Road Excelsior, MN 55331 Mr. Robert Reichert 464 Second Street Excelsior, MN 55331_ ,jO\-UTION B 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE®P.O. BOX 1476CHANHASSEN, MINNESOTA 553170(612) 474-8885 MEMORANDUM DATE: December 7, 1976 TO: Planning Commission and Bob Reichert FROM: City Planner, Bruce Pankonin SUBJ: Reichert's Subdivision Plan PLANNING CASE: P-299 APPLICANT: Bob Reichert Attached hereto please find the following enclosures submitted in support of Reichert's subdivision. Enclosure 1. Community Location Graphic. 2. Proposed Sketch Plan dated October 29, 1976. 3. City Planner's Report dated December 7, 1976. OLUTION E/ GPI C���F Q � W Z Q� r 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE+P 0 BOX 1476CHANHASSEN, MINNESOTA 55317m(612) 474-8885 PLANNING REPORT DATE: December 7, 1976 TO: Planning Commission, Staff and Bob Reichert FROM: Bruce Pankonin, City Planner SUBJ: Reichert's Addition APPLICANT: Bob Reichert PLANNING CASE: P-299 BACKGROUND 1. Petition: Rezoning to R-1 and subdivision of 63+ acres of land into 10 residential and 5 outlots. 2. Community Location: As shown in enclosure 1, the subject property is located on the north shore of Lotus Lake. 3. Municipal Services: Sanitary sewer and water are presently being installed to serve the subject property. 4. Existing Zoning: R-lA, Residential -Agricultural. 5. City Plan Proposal: Develop the subject property and environs as low density residential. 6. Shoreland Management Requirements: In addition to local ordinances, and Watershed District's concepts, the developer and the city will also be required to follow the Department of Natural Resources Management of Municipal Shoreland areas. According to our city attorney, those rules have the force of law and place the following restrictions on the Reichert subdivision. (Note: Lotus Lake is classified as a General Development Lake by the DNR). Planning Commissio, -2- December 7, 1976 a. Lot Sizes: "Lots served by a public sewer abut public water, shall be at least 15,000 square and at least 75 feet in width at the building line high water mark." and which feet in area at the ordinary b. Placement of Structures: "50 feet from the ordinary high water mark." C. "Ordinary High Water Markmeans a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from aquatic to predominantly terrestial. One the Reichert Plan, the ordinary high water mark is not delineated. PLANNER'S COMMENTS 1. The criteria for evaluating Mr. Reichert's petition is found in the City's Plan, Ordinance 33 (Subdivision), Ordinance 47 (Zoning), and. the Rules and Regulations of the Department of Natural Resources.'. 2. Without exact topographic information it is difficult to determine if Lot 1, Block 1 and Lot 1, Block 3 are buildable. (As we get further down the review stage, this information will be provided by the developer.) 3. The propriety of creating outlots A - E is questioned by the planner. If the developer wishes to give people on the north side of Pleasant View Road access to Lotus Lake, I think a more appropriate method would be by dedication of "common ground" to a homeowners corporation or the City of Chanhassen. 4. With my knowledge of the sites physical constraints, Lots 1 - 8, Block 1 make sense. I would, however, encourage the developer to investigate the possibility of developing a cluster plat for the subject area. PLANNER'S RECOMMENDATION Encourage developer to proceed to preliminary plat; caution him, however, on the possibility of the "unbuildable nature" of Lot 1, Block 1, and Lot 1, Block, 3. CITY OF HANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: April 7, 1977 TO: Planning Commission, Staff and Bob Reichert FROM.-.': City Planner, Bruce Pankonin SUBJ: Reichert's Subdivision Plan PLANNING CASE: P-299 Applicant: Robert Reichert Please include the attached with your copy of Exhibit 1, Reichert's Addition. 4. Preliminary Plat dated April 7, 1977. 5. City Planner's Report dated April 7, 1977. This report will be delivered under seperate cover. l� -_:�� /7%T R.J. REICHERT APPRAisALs �'- Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 September 21, 1972 Mr. Adolph Tessness Clerk Administrator Village of Chanhassen Chanhassen, Minnesota Dear Adolph: Re: Proposed Plat I am enclosing 10 copies of the proposed plat which I have just received from Arleigh Smith, Surveyor. I am also enclosing a check for $25 which should cover the cost of the review of this preliminary plat. This has been a long and tedious project and I appreciate the patience that you and John Neveaux have had, but I must explain that the surveyor has been very slow in answering my requests for these additional copies. In reviewing this preliminary plat, it appears to me that this sketch is some- what different than the last one that I have forwarded to you: Since that last copy was the only copy that I had, I had no way to compare. Please review this preliminary plat and advise me of any changes or additions that should be made. Thank you again, Sincerely, R. J. REICHERT PP IS RJR:sf R-6bert ch rt, MAI CC: John Neveaux Enc. P.S. Reviewing my correspondence, I find that NSP has agreed to remove the existing poles and the underground service will be along the easement at the rear of the properties. Does this mean that they will be given an easement along the 12' strip of land which is shown on the plat? P.P.S. I have purchased this property from my parents, who are now in Excelsior Nursing Home, so any problems that arise I will try to take care of personally. MA,Lmi R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants P. O. BOX 332 / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 March 30, 1977 Mr. Bruce Pankonin City Planner 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Bruce: Please put my name on the Planning Commission agenda for April. I wish to resubmit the proposed subdivision of lands at the north end of Lotus Lake. I have asked Vern Nichols of Egan, Field and Novak to send you ten copies of the revised sketch plan. As dis- cussed, there will be nine lots and five outlots. I agree with you that there should be restrictive covenants on these outlots which would protect the natural environ- ment. One of the outlots (outlot E) would be the only outlot to include beach and docking facilities for this entire sub- division. The rest would provide private access to the lake for those lots which front on Lotus Lake. These areas would be restricted to canoes and small boats which do not require docks. I am requesting approval of this subdivision plan subject to acceptable restrictive covenants. Since I will be out of town for a week I hope you receive everything you need from the surveyor. Call 474-7229 and leave a message if there is anything else that I should bring to the Planning Commission meeting. Sincerely, R� �vReichert l�. RJR: jh MLAQZ a MI]Y'ti RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANH $UILDINO MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTz October 17, 1974 Mr. D. R. Rodningen Bermel-Smaby, Realtors 18348 Minnetonka Blvd. Wayzata, MN 55391 Re: Subdivision of Tract B, RLS 14 Robert J. Reichert Dear Mr. Rodningen, TELEPHONE 335-0505 MAYOR COUNCILMEN a COUNCILMEN COUNCILMEN COUNCILMEN CLK-i".DM. TREAS. ASST. ZONING & BLDG. INSP. PUB. WK. DiR. UTILITY SUPT I have your letters of October 11 and September 23, 1974, relative to the proposed sale by metes and bounds description of a parcel of land out of Tract B, RLS 14, which land had been designated on a proposed, but unapproved, preliminary plat of Reichert's Addition, dated January 6, 1972, as follows: Proposed Lot 4 Proposed Lot 5 Outlot B Outlot C Less: Pleasant View Road Net acreage proposed for conveyance 33,273 square feet 31,791 square feet 19,110 square feet 29 , 843 square feet 114,017 square feet 36,432 square feet 77,585 square feet The Chanhassen City staff has informed me that representatives of Mr. Reichert (possibly members of your firm) had contacted the staff on several occasions in the past and had been advised that an application for a variance of the provisions of Section 13 of the Subdivision Ordinance and Section 4.03 of Ordinance 45 would have to be submitted to the Planning Commission for its review and recommendations to the City Council, which is the only authority empowered to.grant variances. Section 13 of the Subdivision Ordinance prohibits the conveyance of lands less than 5 acres in size by a metes and bounds description. Ordinance 45 prohibits the sub- division of land not served by sewer and water, and also prohibits the issuance of building permits for residential construction on unplatted parcels of land less than 2 1/2 acres in size. Variances may be granted to these ordinances by the Council for aood cause shown. Mr. D. R. Rodningen - 2 - October 17, 1974 The net land acreage of your proposal after deduction for the area taken up by Pleasant View Road totals 77,585 square feet. Under the applicable ordinances it will be necessary that formal written application for these variances must be submitted to the City, with an accompanying deposit to cover the City's expense in reviewing the application. The amount of the deposit will be established by Lloyd G. Schnelle, Administrator. You may contacteither Mr. Schnelle or Mr. Schlenk at 474-8885 for further information on this matter. The form of application is enclosed herewith, and I have sent to Mr. Schnelle a copy of the Egan, Field & Nowak survey dated July 24, 1974, and the proposed preliminary plat of January 6, 1972. Very truly yours, Russell H. Larson Chanhassen City Attorney RHL: m Enc. cc: Lloyd G. Schnelle City Administrator ALWAYS A MOVE AHEAD Bermel-Smaby REALTORS October 11, 1974 Mr. Russel Larson City of Chanhassen Chanhassen, Minnesota Re: My Letter Dated September 23, 1974 Dear Mr. Larson: Can you please advise when I can expect an answer on the request for a waiver of Section 13 of the Subdivision Ordinance. Mr. Reichert would like very much to sell the 2-Lz acres as soon as possible. Thank you. �i7icerely, -Donald Podningen J DR:ev i i k Q 18348 MINNETONKA BLVD., WAYZATA, MINNESOTA 55391 473-2555 ALWAYS A MOVE AHEAD DOL el-Smaby REALTORS September 23, 1974 Mr. Russel Larson City of Chanhassen Chanhassen, Minnesota REs Lots 4 & 5 and outlets B & C of proposed R eichart's Addition. Tract B of RLS 14 ... See Egan, Field & Nowak Survey dated July 24, 1974. Dear Mr, Larsons I would like the Village of Chanhassen to respond favorably on a waiver of Section 13 of the Subdivision Ordinance. Mr. R. J. Reichert, presently in Melbourne, Australia, wishes to sell approximately two and one-half acres of land. This pro- perty to be sold with a metes and bounds description. He would be making no claims as to the ability to build, but we would like the buyer to be able to record a deed at the Courthouse. Please advise at your earliest possible convenience. Very truly yours, D. R. Rodningen, Agent for R J J. Reichert BERMEL-SMABY, Realtors DRRsv ".- Enclosure 026 18348 MINNETONKA BLVD., WAYZATA, MINNESOTA 55391 473-2555 /�,_l �s P L-1 1o/ l September 23, 1974 ALWAYS A MOVE AHEAD Bermel-Smaby REALTORS Mr. Russel Larson City of Chanhassen Chanhassen, Minnesota RE: Lots 4 & 5 and outlets B & C of proposed Reichart's Addition. Tract B of RLS 14 ... See Egan, Field & Nowak Survey dated July 24, 1974. Dear Mr. Larson: I would like the Village of Chanhassen to respond favorably on a waiver of Section 13 of the Subdivision Ordinance. Mr. R. J. Reichert, presently in Melbourne, Australia, wishes to sell approximately two and one-half acres of land. This pro- perty to be sold with a metes and bounds description. He would be making no claims as to the ability to build, but we would like the buyer to be able to record a deed at the Courthouse. Please advise at your earliest possible convenience. Very truly yours, D. R. Rodaingen, Agent for R J. Reichert BERMEL-SMABY, Realtors DRR: v I Enclosure cb�" 18348 MINNETONKA BLVD., WAYZATA, MINNESOTA 55391 473-2555 7610 LAREDO DRIVE • P. O. BOX 147 CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 May 17, 1973 R. J. Reichert Appraisals Attn: Bob Reichert Number One Tonka Building Excelsior, Minnesota 55331 Re: Preliminary Plat requirements for subdivision. Dear Mr. Reichert;, The following -information will be needed before your prelimin- ary plat can be submitted to the Planning Commission: Extracts from Ordinance No. 33, AN ORDINANCE ESTABLISHING THE VILLAGE COUNCIL AS THE PLATTING AUTHORITY OF THE VILLAGE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE VILLAGE, AND PROVIDING PENAL- TIES FOR THE _VIOLATION OF THIS ORDINANCE. SECTION 6.0.1 (i.) At the time of filing of the preliminary plat the subdivider of the land covered by the plat shall submit to the 'Village Clerk a petition for rezoning to the proposed future use of said land if the land is not already so zoned. The owner of said land shall join in said petition. (Note: See also page 2 of this letter, extract from Ord. No. 47, Sections 24.02 and 24.03) SECTION 7.02 (h.) (As amended by Ord. 33-A) Topographic data within the tract and 100 feet beyond its boundaries, including contours at vertical intervals'of not more than two feet, ex- cept that where the horizontal contour interval is 100 feet or more, a one foot vertical interval shall be shown. Water courses, lakes, marshes, wooded areas, rock outcrops and other significant physical features shall be shown. U.S. geodetic survey data shall be used for all topographic mapping. SECTION 7.02 (i.) A copy of restrictive covenants, if any, on all abutting land shall be filed with the preliminary plat. VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 CHANHASSEN, MINNESOTA 55317 • May 17, 1973 R. J. Reichert Appraisals Attn: Bob Reichert Number One Tonka Building Excelsior, Minnesota 55331 Re: Preliminary Plat requirements for subdivision. Dear Mr. Reichert-; (612) 474-8885 The following information will be needed before your prelimin- ary plat can be submitted to the Planning Commission: Extracts from Ordinance No. 33, AN ORDINANCE ESTABLISHING THE VILLAGE COUNCIL AS THE PLATTING AUTHORITY OF THE VILLAGE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE VILLAGE, AND PROVIDING PENAL- TIES FOR THE VIOLATION OF THIS ORDINANCE. SECTION 6.01 ,(i.) At the time of filing of the preliminary plat the subdivider of the land covered by the plat shall submit to the Village Clerk a petition for rezoning to the proposed future use of said land if the land is not already so zoned. The owner of said land shall join in said petition. (Note: See also page 2 of this letter, extract from Ord. No. 47, Sections 24.02 and 24.03) SECTION 7.02 (h.) (As amended by Ord. 33-A) Topographic data within the tract and 100 feet beyond its boundaries, including contours at vertical intervals of not more than two feet, ex- cept that where the horizontal contour interval is 100 feet or more, a one foot vertical interval shall be shown. Water courses, lakes, marshes, wooded areas, rock outcrops and other significant physical features shall be shown. U.S. geodetic survey data shall be used for all topographic mapping. SECTION 7.02 (i.) A copy of restrictive covenants, if any on all abutting land shall be filed with the preliminary plat. Extracts from Ordinance No. 47, AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, ORDER, CONVENIENCEAND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION AND THE USE OF BUILD- INGS AND THE ARRANGEMENT THEREOF ON LOTS, AND THE DENSITY OF POPULATION IN THE VILLAGE OF CHANHASSEN, MINNESOTA.. SECTION 24.02 INITIATION. Proceedings for amendment of this ordinance shall be initiated by: (1) a petition of the owner or owners of the property, the zoning of which is proposed to be changed: (2) a recommendation of the Planning.Commission: or (3) by action of the Council. SECTION 24.03 APPLICATION. all applications for amendments which are initiated by the petition of the owners of property shall be filed in the office of the Zoning Administrator and shall be accompanied by six (6) copies of a set of plans and graphics containing the following information: 1. A•generalized location map showing the location of the proposed site in relation to the Village. 6. An abstractor's certificate showing the names and addresses of all property owners within two hundred (200).feet of the outer boundaries of the property in question. 7. Any plans for the modification of standards set by this ordinance or any other ordinance of the Village. 13. Drainage plan of the proposed site. SECTION 24.09 FEES. The following fees and costs shall be paid to the Village by the applicant for amendment of Zoning District boundaries. 1. A minimum fee fo $25.00 to be paid upon the filing for the application for amendment. 2. All direct expense of the Village incurred or expended by it in the processing of the zoning amendment application. 3. At the time of the filing of a zoning amendment application the Zoning Administrator may require the applicant to deposit with the Village funds estimated by the Zoning Administrator to be sufficient to defray all Village expense in processing said application. Any balance of said deposit remaining after completion of proceedings on the application shall be refunded to the applicant. 4. Applications for amendment filed in the public interest by the Council or the Planning Commission shall be exempt from fees. The above extracts from Ordinance No. 33 and No. 47 are the items that will be necessary for you to complete before presenting a preliminary plat and petitioning for amendment of the zoning ordinance. If the applications for preliminary plat and rezoning were presented simultaneously it could be a time saving element for you because the;public hearings for both held at the same hearing. if there are any questions pertaining to this letter, please call me at 474-8885. �5icere.'y j /,�1�� '•�./�t�"%'!:,_.fir - . Ballhorn -- Building Inspector , JLACje, hASSenB O X 147, C H A N H A S S E N, M I N N E S O T A 5 5 3 1 7 d E L E P H ON E 4 7 4- 8 8 8_ November 23, 1971 Dear Bob, I am sending a check list to Arleigh Smith for the Preliminary Plat. I could not tell exactly all details on the copy that was sent with your letter. You should follow Ordinance #33 as requested on our letter dated August 16, 1971. I am sending a copy of Sunrise Ridge Preliminary Plat to Arleigh Smith in hopes that this will help Mr. Smith in preparing a complete Plat. V 4 f Adolph Tessness Administrator Copy To: Arleigh Smith John Neveaux ¢p STATE OF DEPARTMENT OF NATURAL RESOURCES CENTENNIAL OFFICE BUILDING . ST. PAUL, MINNESOTA • 55?55 Decer-mber 215 1972 Xr, Robert J. Reichert How 231 .. , Route Z` Excelsior, :'n. :5331 Re: P.A. 72-1131, Channel Construction Lotus Lake, Garver County Dear Mr. Reichert: j This is in reply to your letter of love er 14, 1,072, requesting that your application for a permit to construct an approach channel �n Lotus Lake be withdrawn. Your permit application, P.A. 72-1131, is hereby considered withdrawn and our records gill so indicate. Yours verb''truly, / Gene Hollenstei.n, Chief Hydrologist Division of eaters, Soils & 11i.nerals GAP, : nl cc: Donald Fultz, Director Division of "rforcement & Fie1d Service Merrill 'riostoller Region 1 Supervisor Attn: Michael Grupa, C.O. hike Casey, Director Division of Game & Fish Attn: Jervin Gilbertson Area P±sher=es Mgr. 9-- Gordon Gust Area Game 'tgr. 3rwin R. Pierson Carver County Zoning Officer Court mouse Chaska, 41iLn. 55318 Howard L. Peterson, Pres . Riley-Purgatorm- Greek Watershed Dist. 7021 Duck Lake Rti Eder. Prairies '=n. 75343: ADMINISTRATIVE SERVICES WATERS. SOILS. AND MINERALS LANDS AND FORESTRY GAME AND FISH PARKS AND RECREATICh ENFORCEMENT AND FIELD SERVICE MAC R. J. REICHERT APPRAISALs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHO John Neveaux Chairman Planning Commissior Re: Reichert's addition Dear John: This is the most recent plat which was sent to me by Arleigh Smith in January. I gave this plat to Jim Penberthy to submit to the Planning Commission but legal fees started to get too high for my parents and it looks like I have to "carry the ball". This is the only copy I have and it appears to be very similar to others which we furnished in the past. I would like to ask for time at one of your meetings to discuss this proposed plat and work out any changes or details which are necessary. Thank you! Sincerely, 7 /obert J. Reichert RJR:sc MAI L"i R. J. REICHERT APPRaisaLs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 November 162 1971 Mr. Adolph Tessness Clerk-A6mi n i st rator Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Dear Adolph - .a, :a CHANHASSEN I have received the enclosed subdivision plat from Arleigh Smith and I would appreciate having this item put on the agenda for the next Planning Commission hearing. If Arleigh has not contacted you already, please advise what you will need at that hearing so that we can get this plat approved. Thank you. Sincerely, t-'� Robert J. Reichert RJR:sf Enc. CC: Arleigh Smith August 16, 1971 ,:r. Robert R=ichert Tonka Building : xc-.lsior, Minnesot,-- SUBJ:CT: Subdiviaion Dear Bob, I received your letter dated Au ust 11, 1971, indica.tinq that you wish to proceed .i',ividing your parents property on the north end ._}f Lotus Lake. The Minutes of the Planning Commission eting of January 26, 1971, state the following: A motion wao Tade by Arnie Wyba and seconded by Nick Warits that the PZanning Commission is in agreement with the sketch plan with the s tipu- Zation that Lots P,, G, and E be outZots and furAher recommend Mr. Reichert proceed to pre- Ziminary-plZat aicordinC to Ordinance #33. Potion unan4moueZy appro'weal. I -elieve you :--rive a copy of Ordinanc,-. #33. You should notify Arle:z _rh Smith to follow this Ordinanc : in d -tail, -- ihen prepar.ng the preliminary plat. Sincerr, ly, Adolph Tessness Clerk -Administrator AT:fc cc: John Neveaux Arlcigh Smith MAC LEJ R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 August 11, 1971 Mr. Adolph Tessness Clerk -Administrator Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Dear Adolph: r 0,�Al 3 � P %j 00 �-aU G 1911 Q` �o � SEC —1VE0 10 VILLAGE OF. LJ ��AT1HAggEI�(a '�Ur� MlPIN• ,,��a✓ It appears that there is no way to go on the proposed sub- division of land on the north end of Lotus Lake, so I have decided to spend my own money to get this problem resolved, As I understand it now, the preliminary plat was approved and in order to get NSP to remove their poles we have to follow up with a subdivisio which I will order from Arleigh Smith, Surveyor. I wish to take this opportunity to thank you personally and to thank the members of the Planning Commission who have spent time on this problem. I feel that everyone tried to work out a solution but it was just too big a problem. If you feel that I will be wasting my money in setting this up as a subdivision plat, please let me know. Thanks again for your efforts and cooperation. Sincerely, l4� Robert J. Reichert RJR:sf vittacE Of chanhassen BOX 147, CHANHASSEN, MINNESOTA 55317 TELEPHONE 474-8885 June 16, 1971 M E M O R A N D U M TO: Mayor Village Council Mr. Robert Reichert FROM: Adolph Tessness, Clerk -Administrator SUBJECT: Moving electrical power poles The enclosed leter is an explanation of what Northern States Power has done in the past and would do in moving the power to Mr. Reichert's back property line. If it is the Council's desire to locate the power line at the north end of the property, Northern States Power will do so. However, the Reichert's will incurr an extra cost if later it would be put underground. Adolph Tessness Clerk -Administrator AT: fc KS.p NORTHERN STATES POWER COMPANY MINNETONKA DISTRICT EXCELSIOR, MINNESOTA 55331 SY THE WATERS OF MINNETONKA" June 10, 1971 Mr. Adolph Tessness, Clerk -Administrator Village of Chanhassen Chanhassen, Minnesota 55317 Dear Mr. Tessness: Re: Reichert Property We had a meeting in your office on February 3, 1970 with you, Mr. Robert Reichert, and with Mr. Cliff Stahlke and myself from Northern States Power Company. Our agreement with Mr. Reichert on that date we put in a letter from Ovid Northrop to Mr. Reichert dated February 25, 1970, is as follows: "The above project to be undertaken only at such time in the future when said tract a or the property which adjoins the north line of said tract B has been subdivided and plats have been duly recorded in the office of the Register of Deeds, Carver County. It is also agreed and understood that the existing poles and fixtures will be allowed to remain as now situated until conditions outlined above have been fulfilled." We then went on in that letter to explain our underground policy. The Reicherts signed an agreement on July 1, 1970, which said the same thing. We answered another letter on February 9, 1971, stating we could do nothing until we receive the registered plat. We sent you a letter on January 21, 1970, explaining the basic factors of our underground policy for new sub -developments. (A copy of this letter is enclosed.) I will expand on this as how this policy concerns the Richert property. We do not put underground in an u.nplatted area for several reasons. We cannot anticipate or know for sure where to put all of our facilities such as primary wire, secondary wire, future service locations, and transformers. When we put underground in, it has to be as permanent as possible. It is very costly to move underground. On a radial underground system, we have long outages involved in tapping into the primary or moving any underground facilities. Also, we find that underground cost us on the average about twice that of overhead. When we install new facilities, we have to consider that the cost of borrowing the money to install these facilities is about 15°J. The reason the cost of money is so high is that we pay 8% to 9% for our money plus once we install new facilities we must pay taxes on our investment. You can see we do not want to make investments much before we can get any revenue from the investment. page -2- June 10, 1971 Usually when we put in underground, we try to install a loop (two-way service) so that if we develop a fault (short circuit, we can take the underground out of service to find the fault and repair it. It is a lot harder to find a fault in an underground wire than it is in an overhead system. It takes a much longer time to repair the damaged conductor also. We do not like to install a piece of underground between two overhead sections of line, like we would have to do here because we are concerned with service reliability. If we did have a cable failure in this section of underground, we could be talking of better than a 24 hour outage to the customers served overhead beyond the underground system. I believe if the council gave us permission to build the overhead line along the back lot of this property, we would do so. We may have some rights to keep the line in where it is now because the line has been in there I would guess from 1926. The poles on private property were replaced in 1961. If we put the line in now overhead and at a later date the Reicherts or whoever develops the property want us to remove the overhead line and put it in underground, we would figure the cost as described in #4 and #5 of the January 21, 1970 letter. It will cost us approximately $1600 to put the overhead line in now. 1Yo s J. A. Ladner Distribution Manager JAL/eb '7 the Stat�:s u "a -e:O_j '0 J-U' --=l t 0 y MOU�TG .�V -Ul time c'-rLvLZO A --vice, a 0 _Xc 'Do "..;'oat ic---I _ i.e. I roE"G e4as,., no-, cc,_A � I . A conZ,-'lL-L se. IeZs ge e-cee _S ✓ f ��cnt f.:04. PC:: iot anli -Less Ila of u- c-, a --,7 oval S cos' r. the o-f unde::c'; gab, We 'i Vel-.1 r '70U- 3 , SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Mr. Adolph Tessness, P. 0. Box 147 Chanhassen, Minn. Dear Mr. Tessness: June 14, 1971 Clerk -Administrator 55317 c �V11..LACaEca5Erl, GNp,,�MA sv MpyN. Subject: Proposed Registered Land Survey R. J. Reichart, Tract B, RLS 14 Since we have not been authorized to make any further inves- tigation as to the need for sanitary sewer or other easements with- in the confines of Mr. Reichert`s proposed RLS, we will "put it on the back burner" until further notice. Very truly yours, SCHOELL &LJMADISON, INC. WDSchoell sd cc: Mr. Russell H. Larson, Village Attorney WDSchoell sd cc: Mr. Russell H. Larson, Village Attorney —.7 (�D. 4---" - HUp � C CL)1-14 7- NORTHERN STATES POWER COMPANY MINNETONKA DISTRICT EXCELSIOR. MINNESOTA 55331 BY THE WATERS OF MINNETONKA" June 4, 1971 Mr. Adolph Tessness, Clerk -Administrator Village of Chanhassen Chanhassen, Minnesota 55317 Dear Mr. Tessness: RE: Reichert Property We sent you a letter on January 21, 1970, explaining the basic factors of our underground policy for new sub -developments. (A copy of this letter is enclosed.) I will expand on this as how this policy concerns the Reichert property. We do not put underground in an unplatted area for several reasons. We cannot anticipate or know for sure where to put all of our facilities such as primary wire, secondary wire, future service locations, and trans- formers. When we put underground in, it has to be as permanent as possible. It is very costly to move underground. On a radial underground system we have long outages involved in tapping into the primary or moving any under- ground facilities. Also, we find that underground cost us on the average about twice that of overhead. When we install new facilities we have to consider that the cost of borrowing the money to install these facilities is about 15%. The reason the cost of money is so high is that we pay 8% to 9% for our money plus once we install new facilities we must pay taxes on our investment. You can see we do not want to make investments much before we can get any revenue from the investment. Usually when we put in underground we try to install a loop (two-way service) so that if we develop a fault (short circuit), we can take the underground out of service to find the fault and repair it. It is a lot harder to find a fault in an underground wire than it is in an overhead system. It takes a much longer time to repair the damaged conductor also. We do not like to in- stall a piece of underground between two overhead sections of line, like we would have to do here because we are concerned with service reliability. If we did have a cable failure in this section ofunderground, we could be talking of better than a 24 hour outage to the customers served overhead beyond the underground system. I believe if the council gave us permission to build the overhead line along the back lot of this property, we would do so. We may have some rights to keep the line in where it is now because the line has been in there I would guess from 1926. The poles on private -property were replaced in 1961. iY U �, 7 Y Mr. Tessness - 2 - June 4, 1971 If we put the line in now overhead and at a later date the Reicherts or whoever develops the property want us to remove the overhead line and put it in underground, we would figure the cost as described in #4 and #5 of the January 21, 1970 letter. It will cost us approximately $1600 to put the overhead line in now. Your truly,%/ �,, ✓- i .. A. Ladner Distribution Manager JAL:kmp Enclosure W*- - r n ;2'. M1iuOii: it?5 "sc'SSy 4s':2' :-ti ":. lL vrc of Cl]a i, hasssen ch•:n:c_-sse:.3 i:.l': iota .55317 De..,. 'Mr. es -ness: ^r_e" osed p1 e wse _ j n:l the i.. 'o �t� i o:s you have .: cquested reg�aruing the uruergrouad poll --y o ._ Ui' LIz;�.� :z J 1, aCi.�"'. S iO1r'%Y• CORPS r f' R a. eta sub-�evelo -"gents are: o o_ a c_ the i..^,t r ou1,. olzef or r;' p .be rife '. .Ct e e a: C:,, pa y% W 1?_ S 1St`lll, own %nd .:nint-ain tie coT: pL--te un,'Ier&round r la -beryl to the residence. ,,stem -Lac ludin t'_rc under ;round r vase r:. Oul . ��,, t -r•,: measured from the lot corner. 'c J ;O:at � li1y: ' JO?__li. Of service, ` cceeds 100 feet, the developer or vu l c' .._a11 } y I iv, nce to Co.r.pany an amount equal to $1 per foot ::: Se:.r lr1.'C.. .1,.a' 1ver_:�1. in excess of 100 feet. ' ' ' 2'' ;.iC [ r gr OLinLI fro:,1 sucr. a system Will pay an additionalCs�JL;,e s sr V i �2.00 per n2ont , for electrical service, or a one time charge of $220 per zeLiaence. 3. 'lilSt:iil �t :�i1 Cif xr is to i.,evelonc: ' Will be disbontinued except when t e .evelop :e:i'- is less th1M cig�zt (o) lots' front frontage exceeds 130 feet peas' 10' Or L'.+1us'a-:1 con'iiulons e:iist, i.e. frost charges. rE $2.00 per Z't. �: COv-.`'fJL'.i.l.vi^i ..i_`.l be ..'['GL1.rC�-i ... � .lQi.11v`Jn VO both l.iae :' :: -RD chs "ee �.nd c:: y excess 'footage c :arge fo_ the service 1, t?r1i o'1i1C3i the residential de—WelOpmefi� i= 1ea3 than el�flt `$) lots units) oy tl.e _Lvc L;Ze lot front front age exceeds 130 feet. '.I'he kC:''' it4 Oii CE1 ii W] 13 iif t ..' 8 'G .Yt:"ti :i I5''L'�illi COST. :7'i' %Ile iYi1 e' �rourid dis-rib-ation sys-ce... less YJ5 per lot an i. less the est- i"tt.�. ed .:. i:i '1 C. �5i. Of an ove: i 'r;.ti (4i Str3_iJll t:LOn systefC;. 5. l .? developar requesto for ,:, );;reel of 1-and t at is to be sub-diviC,eu, h.ich ha e.�isting OVcrlletiLl distribution :i Cili'CeS y T�`•.-_~ii Co 4:ill c -,r ge for the undepr eeiated Portion Of �i1e ^v\'i ihGcLr facilities, re 10V31 C05t less salvage, p1U55 3dde4 COSt► Of underZ.;rouild -facilities. 1 hops that the above informration Will be sufficient, if rot, please call. Very truly yours, 0. W. Northrop, Sales Supervisor v.inne-,=Aa District REVISED PLANNING COMMISSION MINUTES - CONTINUED ROBERT REICHERT: The Chairman read a letter that the Administrator had sent to Mr. Reichert regarding a sketch of a proposed subdivision of property belonging to Mr. Reichert located in Section 1 north end of Lotus Lake on.the north side of Pleasant View Road. This property was presented to NSP to be divided into 6 lots. Mr. Reichert was requesting NSP to relocate their overhead power lines from the south side of the property to the north side which would improve the view south toward Lotus Lake. The Administrator had notified, in his letter to Mr. Reichert, the requirements that must be met to subdivide property in the Village of Chanhassen. The main point of the letter and his report to the Planning Commission was the requirement that all utilities be underground. The Planning Commission was in unanimous agreement that underground utilities should be a requirement in all subdivisions. STREET NAMING AND NUMBERING MAP: The Chairman and the Administrator informed the Planning Commission that the final revised draft was being printed and would be available within a week. A reverse cepia is being made at a scale of 1 to 600; also 8 prints. 24 prints are being made at 1 to 1000; also a standard cepia so that future prints can be made of this same size. The 1000 handout copies, overall size llxl4,should be ready prior to the next meeting. The draftsman is taking the reverse cepia scale 1 to 600 and starting the initial work fcca.moning-base map. This will have to be completed in detail and presented with the final zoning ordinance draft. AL BARNACLE: The Administrator informed the Commission of his discussion with Mr. Barnacle with regards to his resignation due to his health. Mr. Barnacle is in St. Mary's Hospital at this time. INTERIM ZONING ORDINANCE: The Chairman informed the Commission about the Council action on an interim zoning ordinance. A copy will be sent to all members before the next meeting. SECTION 13, NEW ZONING ORDINANCE : This section of the pre- liminary draft of the proposed zoning ordinance was discussed and minor changes were made. MEETING DATE: A Special Planning Commission Meeting will be held at 8:00 p.m. on November 24, 1969. The next regular meeting is November 18, 1969.' A motion was made by Anne Neils and seconded by John Neveaux to adjourn. Motion carried. TIME: 10:30 VILLAGE OF CHANHASSEN COUNCIL MINUTES - May 24, 1971 -2- ROBERT REICHERT: Mr. Reichert explained to the Council his problems with Northern States Power and the proposed Registered Land Survey. A motion was made by Councilman Bennyhoff and seconded by Council- man Klingelhutz that the Administrator contact Northern States Power to see what can be done about moving the electrical poles. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. PARK AND RECREATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to authorize the Park and Recreation Commission to spend up to $125.00 for grading behind the Chanhassen Elementary School for a ballfield. Also the Recreation Director be authorized to charge, to the Village, up to $200.00 for summer recreation equipment and be given a $100.00 petty cash fund for expendible supplies. Also a check in the amount of $5.00 to the Chaska Future Farmers of American to reimburse them for expenses incurred in planting trees at the Lake Ann. -Park site. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. CENSUS BILL: A motion was.made by Councilman Klingelhutz and seconded by Councilman Bennyhoff that the Administrator send a letter to Senator Metcalf and Representative Jopp commending them on the passage of our Census Bill. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,Neils and Wolf. `No negative votes. Motion carried. NORTHERN STATES POWER: A motion was made by Councilman Klingelhutz and seconded by Mayor Coulter to adopt Resolution #524711. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Bennyhoff to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. TIME - 12:20 a.m. Adolph Tessness kA Clerk -Administrator May 21, 1971 HEMORANDUM TO: Mayor, Council and Village Attorney FROM: Adolph Teasness SUBJECT: fir. Reicherts Proposed Plat Mr. Reichert started action in 1969, only to move the electric power poles. The enclosed documents show what course of action has been taken. 1. Letter dated October 21, 1969, discusses only the location of power poles. 2. Letter dated October 24, 1969. My answer in three days states procedure towards platting. Clearly states steps to preliminary plat not R.L.S. 3. Letter dated December 17, 1969. Hy letter dated October 24, did not mention R.L.S. 4. Letter dated January 140 1970. In the last para- graph, Mr. Reichert states platted areas himself. This letter does not mention R.L.S. 3. Letter dated February 25, 1970. The property in question was filed as an R.L.S. #14 dated October 4, 1960. As Northern States Pacqer letter states, they agreed to place underground power when "Tract b has been subdivided and plats have been duly recorded". This letter seems very clear to me. i. Letter dated July 91 1970. Clearly states when platted. P. Letter dated September 11, 1970. States plat not R.L.E. Easements cannot be put on. R.L.S. I. Letter dated January 27, 1971. Day after Planning Commission Meeting, states R.L.S. was given tentative approval. page 2 9. Letter dated February 2, 1971. Received letter #8 on January 29, 1971 (Friday). Answered on Tuesday - clearly states plat not R.L.S. 10. Letter bated May 5, 1971. This was 3 months after my letter stating the Planning Commission instructions to proceed to plat. No other communication. 11. Letter May 10, 1971. Had discussed letter of May 5, with the Village Attorney on Friday, May 7, 1971. On Monday, May 10, 1971, 1 talked to Mr. Reichert on the phone, telling him that the Village Attorney would be answering any questions this week. Received this letter May 11, 1971. 12. Letter dated May 12, 1971. Village Attorney's report. Mr. Reichert has requested an appearance before the Council. The facts above are enclosed to give the Council background. Adolph Tessness Clerk -Administrator Russ -ELL H. LARSaN ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 May 12, 1971 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Re: Proposed Registered Land Survey R. J. Reichert, Tract B, RLS 14 Dear Mr. Tessness , In response to your request that I review the proposed subdivision of Tract B of Registered Land Survey 14 into a new registered land survey consisting of eight lots by Bob Reichert, I submit herewith the following report. TELEPHONE 335-9565 Statutory registered land surveys are not intended to serve as a substitute for the platting of land within the concept of municipal land subdivision. Registered land surveys were originally established merely to assist the registrars of title in coping with complicated land descriptions. The use of these surveys then got out of hand in the sense that many land- owners started to employ them to get around municipal ordinances governing land platting, and finally the law was amended to require that all such surveys be approved by the municipality before they could be filed with the registrar. In support of his proposal Bob cites subdivision 4 of Minnesota Statute 83. 01 which, for purposes of Chapter 83 of Minnesota Laws, defines "subdivision" to mean lands proposed to be divided for purposes of sale or lease into 51 or more lots or parcels. This chapter provides in part that no subdivided lands not excepted from this chapter may be offered for sale unless the subdivider- shall give notice thereof to the Minnesota Commissioner of Securities of his intention to make such an offer. The purpose of Chapter 83 is to afford protection to the public against unscrupulous land promotion schemes Mr. Adolph Tessness -2- May 12, 1971 within and without the state of the type which has been quite popular in recent years. Section 83.02 specifically exempts any subdivision located within the corporate limits of a municipality, and none of the sections of Chapter 83 have application to the present proposal. Generally speaking from the standpoint of a municipality, the subdivision of land by means of a registered land survey is undesirable if for no reason other than that the tracts or parts thereof cannot be dedicated to the public by the registered land survey. Minnesota Statute 508.47 , subdivision 4. Specifically, utility and similar easements cannot be dedicated for public use by a registered land survey. There are only two ways by which the grant of the right to install and maintain utilities and other public facilities can be created under such a survey: a. Conveyance of an easement to the municipality. This would require a separate easement for each parcel over which the easement extends, and would create cumbersome titles and great possibilities for error and oversight in carrying the easements forward in conveyances of the tract in future years. b. Designation of each easement as a separate tract within the registered land survey and then a conveyance of each such tract to the municipality. This is undesirable in most cases because the municipality would then be the fee or full owner of the tract, would be responsible for the main- tenance of the surface, and the tract would be removed from the tax rolls. The abutting property owner would have no responsibility for the easement tract, and could be denied the use thereof. As you can readily see, the dedication of an easement on a plat is the much preferred method of creating the easement. The proposed subdivision of Tract B, RLS 14, comes within the scope of Section 2. 01 of Ordinance #45 which provides that the platting and subdivision of lands within areas of the Village not served by the Village sanitary sewer system shall be prohibited until said sewer system is available to serve each such area pro- posed to be platted or subdivided. Mr. Adolph Tessness -3- May 12, 1971 A review of the proposed survey discloses that most certainly a number of utility easements would be required along the side and rear lot lines of proposed tracts A, B, C, D and E, with like easements required along the side lot lines of proposed tracts F, G and H. The engineers can best answer this question, but is it not likely that an easement for sanitary sewer purposes will be needed along the lakeshore when the village comes to sewer the area? Section 11 of Ordinance #33 governs the subdivision of lands within the Village by registered land surveys and goes on to provide that the standards, regulations and proceedings of the ordinance shall govern such subdivisions. Therefore, for a registered land survey to conform to the requirements of the ordinance, all of the data required by the ordinance would have to be shown on the survey including the detailed preliminary plat data of Section 7.02. Again looking at the proposed survey, I note that Outlot G consists of approxi- mately 23,000 square feet and therefore conflicts with the minimum lot size in unsewered areas. Ordinance #14, which is concerned with the dedication of land for public recreation, has application to this proposed survey and I am not aware of what arrangements have been made to meet the terms of this ordinance. In view of the foregoing, it seems to me that the desired way of accomplishing this subdivision would be through the regular platting procedures after the area is sewered rather than through employment of a registered land survey. l truly yo ussell H. Larson Chanhassen Village Attorney RHL:b cc John Neveaux, Chairman Planning Commission MA► R. J. REICHERT APPRAIsALs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 May 10, 1971 Mayor and Council Village of Chanhassen Chanhassen, Minnesota Re: Gentlemen: Under separate cover Planning Commission Land Survey) which I necessary utility ea completed. Utility Easement and Power Pole Removal - North End of Lotus Lake I have sent to your Village Manager and ten copies of a proposed plat (Registered feel should be approved so that the sement and power pole removal can be At John Neveaux's suggestion I am writing directly to the Council, which is the platting authority of the village in accordance with Minnesota laws of 1965, Chapter 670 (Minnesota Statute Sec. 462.358). Along with this letter I am enclosing ten pages of correspondence which dates back to October, 1969, at which time I requested a hearing on the ''power pole reloca- tion at the north end of Lotus Lake.'' At that time I was informed by the Village Manager that I had to present a sketch plan to the Planning Commission. We also followed up with a meeting between the Village Manager, Mr. Adolph Tessness, representatives of Northern States Power and myself in the village hall, at which time Northern States Power agreed to ''remove the overhead line and put in underground when the area is platted.'' It appeared at that time that we had a mutual understanding between the utility company, the Village of Chanhassen and the property owners that it was to everyone's benefit to remove the unsightly poles along this village street and put them underground at the rear of the property. Mayor and Council Village of Chanhassen -2- May 10, 1971 We have agreed to donate the land to the utility company for the easement and we have followed up with an offer to the Planning Commission members to come out and view this situa- tion. We feel that the removal of the unsightly poles would contribute to the general improvement of the area. You will note in my correspondence to the Village I again asked if platting was necessary and I have been constantly informed that this was the only way and the proper procedure to follow. In discussing this with Mr. Neveaux, the Head of your Planning Commission, he indicates that maybe an informal meeting with the Council would resolve some of the problems that we have had in getting this accomplished. In 1970 Mr. Ladner of Northern States Power contacted Mr. Tessness informing him that the papers were "made up" for the underground easement. We followed up by receiving a tentative approval for the Registered Land Survey in January, 1971, but after requesting Arlie Smith, the surveyor, to make the requested changes I have received a memo from Mr. Tessness that the Registered Land Survey will not be enough. In the hopes of being practical instead of getting bogged down in technical jargon and complicated methods, we are looking for an answer from the Council as to how we might proceed. We have now spent several hundred dollars and many hours of time on this thing. I refer to it as a thing because it has apparently become a monster in the all too legal and confused sanctuary of the village hall. We know under your Ordinance #33 that platting is required "for the purpose of transfer of ownership or building development." We have been advised that in order to give Northern States Power this easement we would have to plat the land, although there is no intention of selling or building at this particular time. It seems reasonable to apply for a Registered Land Survey under Section 11 of Ordinance #33, and if there is no glaring legal problem involved, let's for the sake of good common sense clear up this situation as soon as possible. Thank you for your attention. Sincerely, t� Ro rt eichert RJR:sf M a ' R. J. REICHERT APPRAisALs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 May 5, 1971 Mr. Adolph Tessness Clerk Administrator Village of Chanhassen Chanhassen, Minnesota Re: Proposed Registered Land Survey Dear Adolph: I am sending you ten copies of the proposed Registered Land Survey which was submitted to the Planning Commission at the January 26th meeting. At that time it was suggested that I proceed to a preliminary plat. I believe that this proced- ure which I am following is logical in that we are proposing to subdivide eight lots and under the Minnesota Subdivision Definition 83.01, "subdivision" or ''subdivided land" means improved or unimproved land or lands located within or without the State which are divided or proposed to be divided for the purpose of sale or lease, immediate or future, into 51 or more lots or parcels. I have been working with your people in this proposal since October 24, 1969, and at the present time the only desire that we have is that we can g i ve Northern States Power the underground utilities easement which has already been drawn and to abide by their request that we have a certain number of building sites for future construction. If you feel that there is some other way that we can do this without going into this Registered Land Survey, I would certainly value your opinion. I do not, however, see how it could be economica!y feasible or funCt1ona'iiy praCtICal tO, gv into a complete subdivision process in this or any other case where only a few lots are involved. Mr. Adolph Tessness -2- May 5, 1971 The only request I made of the Planning Commission was that they review the proposed Registered Land Survey and give a recommendation to the Council as to whether it should be approved or not. We would be willing to hold off recording this Registered Land Survey until after the water and sewer utilities are constructed through this area, if that is a concern of the Council. We would, however, like to get the power poles which are encroaching on private property as well as highway right-of-way off to the back of the lot which is presently being considered for a Registered Land Survey. We have spent several hundred dollars and several hours of time personally as well as with Northern States Power, the people at the Village, as well as with surveyors, in attempt- ing to get this situation cleared up. If you will recall, our first meeting was with the Village and Northern States Power back in 1969, at which time we were led to believe that this condition could be taken care of by the process which we have attempted to follow. Adolph, what I am trying to say is that I understand the procedure outlined in Chanhassen Ordinance #33. 1 am request- ing a Registered Land Survey and if this survey is not accept- able to the Village Council I would like to have an alternative way, at least some suggestions, as to how we can eliminate the power poles which have been an eyesore along this public thoroughfare and across private property for a good many years. I know this might not be a simple problem, but I don't feel that it is necessary to try to make it a complicated one either. Therefore, I would hope that this can be brought up at not only the Planning Commission level but also at the Council level, where I am sure something can be accomplished. Thank you for your efforts. Sincerely, /obert J. Reichert RJR:sf N O R T H` R N STATES POWE R COMPANY MINNETONKA DISTRICT EXCELSIOR, MINNESOTA 55331 BV THE WATERS OF MINNCTONKA" February 9, 1971 Mr® R. J. Reichert Number One Tonka Building Excelsior, Minnesota 55331 RE: Utility Easement, Reichert Property Dear Sir: We have your letter of January 27, 1971, regarding the subject easement together with a copy of your letter to Mr, Arleigh Smith authorizing him to complete the copies of the Registered Land Survey for recording. In reply to your request for a letter of commitment from us as to when we will rem the existing -am er poles and lines, we direct your atten- tion to the agreement signed July 1, 1970, a copy of which you have in your possession. If you will review this agreement we believe you will find it sufficiently covers our commitment. In this connection may we call your special attention to paragraph #1 and sub paragraphs (c) and (d) under paragraph A. This should clarify any question of commitment as far as NSP is concerned. It is impossible for us, at this time, to set a definite date for con- struction for various reasons. To begin with we must have at least two copies of the plat which, after checking with Arigh Smith, has not yet been completed. This, of course, is necessary in order that the job can be designed, work orders issued and submitted to various individuals within our company for approval. Mr. Smith advised us last week that additional field work had to be done before the final plat could be completed. Secondly, the seasonal weather conditions, obviously, will effect the possibility of setting a definite construction date, such as frost conditions, snow accumulation, etc. In our conversation with Mr. Smith, he stated that the number of lots had been reduced from the original preliminary plat which we used as a basis for our agreement. This, of course, could be effected by sub paragraphs (c) and (d) under paragraph #4 of the agreement which will be determined when we obtain copies of the new plat for examination. Our sales department will require a copy of the new plat for further study in this connection. Mr. Reichert - 2 - February 9, 1971 We trust that this letter will suffice as far as our commitment is con- cerned and for your reference we are enclosing another copy of the above mentioned agreement. JAL:HCA:kmp cc: 0. W. Northrop Enclosure Yours truly, J. A. LADNER DISTRIBUTION MANAGER By i�lJlI j1 v S H. C. Arnes . (I GC;: Northrop Grp Re i c i le i t Jcnua`y 27, 1971 Mr. H. �,.. ArnesAgent }Lor tern States Power Company Minnetonka District Excelsior, Mi rnn rota 5:53-3 1 Re U-26- i s i ty Ease ient , Reichert- Property Elan $ Mr. A t-nes : e have delayed replying to your letter of Sapted: her 21 , 1 .0,70 until such @t iif as l could provide. €`ealssura ce that the Land i iv-�� .. n the V'.`. :'�nr flu",�a ��rt��V r �sL tea: �. ..� d S �, G °' ' rx �. ti Ce r t 1 1i viould be available for your revue-_ Yastel day We received prU, immin:ary ,approval o; the Registered Land Survey and l have naw sent. a letter to n -leigh Smi - requesting all necessary copies he iiad_: and ready for record- ing. ! am .sending you a copy o-1 tihis letter to Vir. Smith, the Z';',urvayor. no,v, that are at : h Y a point, I "ems, t �r at :">r.'. can record —the = eas.,a..,"3�. c.C.ts record the R%.�93. ;c.e8 t;:.d Land St.i€`i:ey, c::nc: in c.ur:! •iCs.S : d 1 1€ee e a letter o co A tcnent f ram. you as( to when you }1 i l a be :`.'�..%roving the- pkJ•1ar poles end I Ines which tite e your part of the liar ca,s r When we receive a firm. letter as to construction &a:te froM, the. 4110 therri States P cwer Coo pc^;nj! GsG y*t i � � : �Cfl�"C1 th- e sei nt end magi :ter the survey, in that order. In your letter you i nd I sated th41: " Mort harn .,,tatves Pawre r Company 1 s very wi 1 1 i ng t0 coope "e te" ir3 C<,oel. th"a s ILra ,sact, i on conc1 ud.a':d to €3'ur mutL:aI wGt I s f act i ors. o he, elore 1 h 1 ie''ve that we are at ,a Point i"m ire H. vie all cooperaCe we can get this situation resolved and all: necessary papers recorded. Thar.k Apu. Sincerely, RJR :sf Enc. Robert J. Reichert Januaf-y 27, ID71 VE a f; t a y z a t a Bou ! eva rd Re: Rojist-e3rad Lano Surv,-.y,,, Reichert Property 9 . 4 � S tn rnci,. Lanfj.. �%.OVQ reccivet' approval Of the ,;,u '-a, ;. . i 'In, __ � _j a` t he P I Crul 1 liz, co�1.1411;11i SS i oil Im-'t 1 rig ,;4th. ich lvjas he I U` Oil Jamz_ary 26, Wil. is i 6 a.;p r3va cOnt upon Lots G al,,td 1-1 b_-Mj Cas2onated as cutlat5. It 'was also notcd zh-,�:t t1,0U, CZL�-s vii I I hz_-mv�- I.-o '--c chan,3aci to I,' UA-1-i- VoLar C.-rt ifl�aat ion al,c- _ac-'-�' t-hc-;rc-cc-ssary _0 :+V..4wL 10 S t 0 Y-D u r S u- ir viz y clonract M'SPI to ZLV I Se that A- 1, -. « 6, 1, 4'Q I _ n 0 4 1 -as L�'C L latt,��d as per mn-:� that we-wi I I u., rn, 1 s �i t am ,,� I --I, h is c c o n .; s F1 c,9 i s t C'. re C, La �n d S u - va y• i4;f_;x C-h-- svravcy is relaey for Z11. I -wrill pl*cjl-- it up azd t"al ever to the cilzinniaSsea ccmmIssion anc: ti'le Cha,,�*$hnss,an 'Counc!) ?For thi��ir si,,,kiatures. II-c-crely, 'Jo Al Robe J. Relche4rtu _�. I D " �,%; . lv : S f cc Mlorthrop A-nes JI- kRCVeaug A Tessness a Dece ;:be r 17, 1969 Chanhassen Village Planning Commission Chanhassen Minnesota Re: Power Pole Relocation Gent l e€nan : The proposed power pole relocation along Pl easanty ie�it Drive in Chanhassen 'is in my opinion, a very important community service from, the following, points o= vie,,!: 1. Cxistin, power poles along roadway area nuisance. 2. Existing power moles are unsightly, detracting from. a pleasant- view ol= the lake. 3. Wires hazardously cross the highway at service points. 4. Pole locations complicate future water and serer service. 5. Utility lines cross private property without easements. In an problem, to solve this proble, the adjacent property �/ `J)v , owner, George M. Reichert, has agreed to gave a 7' easer;ent or power poles to NSP at the back of his property away from the highway. This would relocate the poles off oil the roadway and eliminate the unAprtarized extension of utility lines across private property (on both sides o; the roadwway). This proposal was mode approximately four or five years ago and now NSP has agreed to follow up on this subject. In the interim period the Village has merged with the Township and it has been decided that underground service is required. This, in my opinion, makes this suggestion even better and I would hone that each member o,' the Planning Co�zmission would persona l l y r_y; ew these oolrer ool e l oca ;-ion nd ut i v nes an a recommendation to the Council that they be relocated. In the letter which I have received from Adolph Tessness, it was inpl ied that in order to relocate: power poles a p-LaY—'ar registered land -survey would €gave to by approved by the Planning 5 s Chanhassen Village Planning Commission -2- December 17, 1969 Commission. The property which would be involved in extension of this power line easement is not platted and it appears that it is not the immediate goal of my father to sell off lots. However, NSP is requesting a preliminary plat so that a legal description for the proposed easement can be obtained. Survey expenses will probably run $500 and NSP says that the extra cost of running underground service will be $1153. These costs appear to be quite high to solve this ,amenity problem, but I feel that there might be alternatives that could be discussed. There are a few questions which I wish to submit: Z2 , 1. Does the land have to be platted to relocate the power poles? 2. Since my parents plan to live at this location for the rest of their lives, wouldn't platting increase their QJ�$�0�5 real estate taxes? Would the Village "go on record" for or against the �! relocation of these power poles? 4. Can the Planning Commission make a recommendation on 1" the power pole rel ocat i on' problem? 5. Can this be resolved before Spring of 1970? To summarize, it appears to me that it is uneconomical for the property owners along Pleasantview Drive to pay for surveys and platting in order to justify relocation of power poles which are not only unsightly to us but to everyone who travels this village street. We agree that the power service should be not only re- located but also b'e underaround This, however, adds to the cost but could be resolved if a preliminary plat showing eight lots were provided so that NSP would carry the.expense of this underground service. Since the developers of Near Mountain project are not interested in recording or showing their plat to NSP, it appears that all efforts must be initiated by myself and'my parents, who are directly affected. In addition to the expenses which NSP has stated that there would be each house, which would be charged Since there are no houses proposed pertinent at this time. In order I have already a $220 fee for at the time of for this area, to expedite the discussed, service to connection. this is not relocation Chanhassen Village Planning Commission -3- December 17, 1969 C� of these poles, it might be desirable Q discuss a preliminary plat without intention of recording. This might be acceptable to NSP. This might require a motes and bounds description for the easement so that they could put in the necessary under- ground line at the rear of the property. I will be happy to have your Commission members over to my house for a tour and AWng of these power—p—ole—s.-6n any date Wat might be desired by the Commission. i would appreciate it if it were during January. l j Thank you. Sincerely, Robert J. Reichert RJR:sf 0 if CA a n h d er Eox 147 Ckankaaaen, A_ nneiot a 55317 'Uelepknne: 474-5020 October 24, 1969 R.J. Reichert Number One Tonka Building Excelsior, Minnesota 55331 SUBJECT: Proposed Plat Dear Bob: After receiving your letter dated October 21, 1969, I feel there are a number of items that you should be aware of in regards to our Platting Ordinance. Items such as underground services are covered in this Platting Ordinance, and as I have explained to you, underground utilities are required in all subdivisions. (A subdivision is a division of any parcel of property into two (2) or more parts.) I am sure that the Planning Commission would not want to take under consideration just the relocation of power lines until you are ready to submit a sketch plan or a preliminary plat. Your first step to,_save.gtth -our tie, _and._the Planninc issTon ""-crr1' " rimme s_ho_uAi3 pe to present a sketch plan of what you propose to do, before ou proceed wit-YT—a preliminary plat. When you propose to proceed with this subdivision you should contact me for time on the Planning Commission Agenda. The next Planning Commission Meeting is on November 18, 1969. I--aq-enclosing a, copy of our subdivision ordinance for your information. There is a $3.00 charge for each copy. If you do not desire to keep the copy of this ordinance, please return. Thank you. Sincerely, Adolph Tessness Clerk -Administrator AT:sj Enc cc/Robert Scholer Planning Commission Chairman vp c 5matc.�f JC?0Werv,,r vhe Soutkcwa gca.o:ber 21 , 19�9 (J�+&ir • Adolph i essness 4 i ei k AciCii n ii�st rator village of ch a n f' 4✓ s`r 1 Chanhassen, Minnesota Pe : Power Pole Relocation 6 orth nd of Lotus Lake i 7 "'r Y Adolph: I ai-n enclosing the piat- which the power company has furn i shed i:,a showing the eloCation{ of DU -Nei' poles near Eden Prairie �. Road at the north end of utus Lake. As 3 expressed to you ;I n our telephone conversation, or i g i na l i y i contacteu the power cornp-any to relocate or put this power service underground since there are no easeriie nts across this private property. I am surd 6-atyou will agree the criss- crossing of power poles Tong this village road is quite undesirable. It- has been several years in coming but na.,i the power company has agreed to relocate the poles at the back of the lot lines f we give them ,proper easern:nts. They have expressed a desire to continue with poles, due to the cost of putting the power lilies underground. try reactions of course, is that underground service is inuch more desirable and that if it can be justified should be encouraged. I feel that the new location of this paver service is very desirable and I would appreciate your taking this plat to the Planning Coi"iilission imeating and getting their reaction so that future negotiations with NSP can be expedited. I arn sure that NSP i 1 l abide by the requi reme- nts that the village sets forth. Thank you. Sincerely, Robert J . Reichert FORM 1,15•E•4143 NORTiiERN STATES POWER COMPANI. jcsly 9, 1970 'fir. Alex Tess ness y Village Cie'^,,; clanhaosen, Minnesota Dear Alex: ltrfhile #:i.lcl; C10f Stahl c and myself �e�t r in your o� J� , office v tta you and Bob a}s^.iche'Lt concerning an overhead line on Mr. ie..eichertIs parentos property. We agreed at that time to remove the overhead line a d put in underground when th.a v^.Y1'a is platted for residential use. i just want to St you know we have the pnpa s v de cep, signed cad are in the process of recording the easements. you rc ti ply J. A. Ladner District Enzineez Kinnstonha District JAL: kmzmp Enclosure cc: Eon Reichert,/ Cliff SOON REGULAR PLANNING CO v ISSION PIEETING DECEMBER 8, 1970 The regular meeting of the Planning Commission was called to order by Chairman John Neveaux. The following members were present: ~yard Passe, Jim Hielke, Arnie Pyba, John Neveaux, and Nick Oaritz. Dean Scheff and Tom Gabbert came late, MINUTES: A motion was made by Arnie Ryba and seconded by ,L)ard Passe to arc olution #112470 dated November 24, 1970, as an addendum to the November 242 1970, Planning Commission minutes. ►3otion unanimously approved. A motion was made by Jim Hielke and seconded by Arnie IWba to approve the November 24) 1970, special Planning Commission minutes as bmended. Motion unanimously approved, Y PRESTIGE DEVELOPMENT CORPORATION: 11r. Don Goetzmen was present. tiecomm©ndati©ns Trom the i- age Planner. in letters dated December lip 1970, were discussed. The Planner recommends a frontage road on the south side of Arboretum Blvd. beginning at least 300 feet from the centerline of Arboretum Blvd. on Great Plains Blvd. Mr. Goetzmen was told that they should study their plans in order to find the best location for the frontage road. A motion was made by Arnie Ryba and seconded by Jim 1-Tielke to recommend the developer move on to preliminary plat stage bearing in mind the discussion that has taken place this evening and prior raeetings and the letter from the Village Planner dated December 4, 1970, entitled, "Proposed PUD (Prestige Developers)" also letter dated December 4, 1970, entitled "Proposed Interim Circulation" and letter dated December 4, 1970, entitled "Highway Review Solution" and thp.t the Planning Commission encourage them to proceed to preliminary plat bearing in mind these suggestions. Motion unanimously approved. ROBERT REICH13RT: Mr. Reichert was not present. He had informed the Kcc`mLnistra o r ne would be unable to attend. This is the third.time he has been scheduled on the Agenda. PROPOSED 'ZONING OrJiINANCE: Councilwoman Anne Neils, Councilinan Klingelhutz, 6unc lman-7e1ec'E—Sc-eve 4olf, and Russell Jarson, Village Attorney, were present; The meeting was turned over to the Village Attorney to discuss the ptoposed 'boning Ordinance. Mr. Larson stated a Zoning Administrator will have to be appointed to administer the ordinance. Thera will be an all inclusive section on, general regulations that idll apply to all zoning districts„ This section to include .the Sign Ordinance. There is not a section on modular housing. This will have to be added later. Portions of Sections 1-7 were argued, discussed, changed, added to, and deleted. A notion was made. by Tom Gabbert and seconded by Arnie Ryba to adjourn. deting adjourned at 11:45 p.m. Jean Aeuwissen Secretary A special Planning Commission meeting will be held on December 221 1970. Mnt R. J. REICHERT APPRAIsALs Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 November 4, 1970 Chanhassen Planning Commission and Council Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Re: Proposed Registered Land Survey Gentlemen: The enclosed proposed registered land survey is submitted for your review along with this letter as official application for approval. This request and survey are necessary for two reasons. One, we have been working with the Village and Northern States Power to remove various power poles which criss-cross the village street at the north end of Lotus Lake. Some of these poles are also on private property. In order to convince NSP that these poles should be removed, we have had to provide them with an easement at the rear of the proposed lots. This easement is for underground utilities. Secondly, there is some land shown on this registered land survey which is now being used by myself and I wish to purchase this land so that continued use will be assured, Parcel "H" is adjacent to my property (see area cross -hatched in red). This land is now improved with a riding rink and is utilized for pasture for my daughter's horse. In order to purchase this land a legal description is necessary, and I feel that this would simplify things and eliminate the need for a metes and bounds description of this area. The main issue, of course, is that we are very desirous of eliminating the unsightly overhead poles and lines which criss- cross the street at this location. We feel that NSP is showing good faith in their agreement to put underground service along -2- Chanhassen Planning Commission & Council November 4, 1970 the back of the lot lines (see green cross -hatched area). This service would replace the poles and lines which now run along the village street beyond my property. As stated, some of these poles are actually encroaching upon private property without easements. According to my agreement with NSP the existing overhead power line "shall be replaced by an underground distribution system at such time in the future as said Tract "B", --- has been subdivided or platted by registered land survey and the plats have been properly filed. The existing poles and fixtures may remain on the premises as now situated until the above condi- tions are met." The land for this easement has been donated. by George M. Reichert and it is felt it is desirable that this service be moved to an area away from the public thoroughfare. Several meetings have been held with NSP, the Village Administra- tor and the property owners involved. We are now submitting the proposed survey with our request for approval. This project has taken more than a year to accomplish, but we feel that if we can eliminate the mess of wires and poles along the street the time and effort has been more than compensated for. Thank you for your consideration. Sincerely, Robert ��c ert RJR:sf Enc. cc: Mr. Adolph Tessness September 1 1 , 1970 Sep cyq/v/y Mr. 0. W. Northrop `UWS?I2SX-"; � Sales Supervisor Minnetonka District Northern States Power Company Excelsior, Minnesota 55331 Re : Ot l 1 1 ty Lo u,,-,ant w Rt� i ci iert Property Dear Mr. Northrop: We have asked Arleigh Smith, Surveyor, to complete the prelim- inary plat and survey of the property awned by George M. Reichert in Chanhassen. As you know, the paperwork has been completed but the easement which was requested by your company has not been recorded. It Is my cap i n i on at this time that the survey which Mr. Smith is doing should include the easement right-of-way Lnd l bellevu the cost of this addition to the survey should be borne by Northern States Power Company. Mr. Smith has indicated verbally that your company slid not ups l re to have that easement put on th,2 survey and therefore 1 have asked him to Bold off can doing the preliminary plat which l believe would be requ i red by the Village of Chanhassen In order to record the easements that we have discussed previously. In our a;rigii;al meeting with the pillage Administrator, Mr. Tc:ssness, and representatives of Northern States Power Company, it was agreed that to eliminate your illegal use of private property that all parties would cooperate in attempting to ,,et a new easement resolved which would be beneficial to the property cwrners, Northern States Power and th,. Village of Chanhass,-:I1 , Mr. a. W. Northrop 2 September Ho 1970 I would appreciate knowing at this time whether or not Northern States Pcx,ter I s st l l I w i I I i ng :to cooperate ,to get this matter settled so that the preliminary plat car- be recorded with the easo-ment drawn as part ,of the. l r-iginal agreement. Thank you for your attention. Sincerely: Rob�,rt J. Reichert RJR Isf cc: Mr. A(,olph Tessness Mr. Arleigh Smith HSp NORTHERN STATES POWER COMPANY MINNETONKA DISTRICT EXCELSIOR, MINNESOTA 55331 MY THE WATERS OF MINNETONKA- July 9, 1970 Mr. Alex Tessness, Village Clerk Chanhassen, Minnesota Dear Alex: JUL CHaNNR 8�A' Awhile back Cliff Stahlke and myself met in your office with you and Bob Reichert concerning an overhead line on Mr. Reichert's parent's property. We agreed at that time to remove the overhead line and put in underground when the area is platted for residential use. I just want to let you know we have the papers made up, signed and are in the process of recording the easements. Yours truly, J. A. Ladner District Engineer Minnetonka District JAL:kmp Enclosure cc: Bob Reichert Cliff Stahlke 9 0 AGREEMENT THIS AGREEMENT is made this day of 197C, �)etween NORTHERN STATES POWER COMPANY, a Minnesota corporation, hereinafter called "NSP", and GEORGE M. REICHERT and ANNA t:. REICHERT, his wife, herein- after called "Reicherts", in that: NSP is presently maintaining an overhead electrii distribution line over the following described part of Tract B, R.L.S. No. 14, Carver County, Minnesota: Tract B, Registered Land Survey No. 14, files of Registrar of Titles, Carver County, Minnesota. EXCEPT: That part of Tract B, Registered Land Survey No. 14, Carver County, Minnesota, on file and of record in the office of the Registrar of Titles, lying Southerly and Westerly of the follow- ing described line; Commencing at the Northwest corner of Tract A, Registered Land Survey No. 18, Carver County, Minnesota, on file and of record in the office of the Registrar of Titles, thence North 70 degrees 54 minutes East along the Northerly line of said Registered Land Survey No. 18, a distance of 469.60 feet to the Northeast corner of said Registered Land Survey No. 18, which point is the actual point of beginning of the line to be des- cribed, and which point is on the center line of Lake Street, as now laid out and traveled; thence Southeasterly along the center line of said Lake Street on a curve having a radius of 345.76 feet, and a delta angle of 18'degrees 13 minutes 41 sec- onds and a distance of 110.0 feet (said curve hav- ing a chord of 109.53 feet and a chord bearing of South 39 degrees 14 minutes 30 seconds East); thence South 2 degrees 14 minutes 30 seconds East on a straight line to the Northerly shore line of long Lake and there terminating. but has no recorded easement for these facilities. Reicherts are the owners of the land above referred to, and the parties are desirous of amicably resolving the ultimate location of electric lines to serve the premises, which the parties believe will be platted into residential lots at some time in the future. The Village of Chanhassen has an ordinance which re- quires that new electrical facilities .to be installed within newly platted subdivisions be underground. of: The parties agree to the following: 1. That the existing overhead power line consisting "Three (3) poles and attachments located within the boundaries of said Tract B. Four (4) poles now situated in Lake Street right of way and South- east of the tap which serves the Robert Reichert residence." shall be replaced by an underground distribution system at such time in the future as said Tract B, above described, or the property which adjoins said Tract B to the Northeast has been subdivided or platted by registered land survey and the plats have been properly filed. The existing poles and fix- tures may remain on the premises as now situated until the above conditions are met. 2. Reicherts do hereby grant NSP an underground 4 easement, attached as Exhibit A, for the installation of said underground electric facilities and do hereby furnish NSP with the owner's duplicate Certificate ref Title so that the sane may be recorded by NSP. NSP acl:nowled:_.,es receipt of the owner's duplicate Certificate of Title No. and agrees to return the same promptly upon recording. NSP shall pay all costs, fees or stamps in connection with recording the easement. 3. For the installation of the underground system, which shall be owned, operated and maintained by NSP, no charge shall be made to the:Reicherts for the facilities installed, or those removed.. However, it is understood by the Reicherts that, when electric service is taken froti the underground system for use at their residence, they will be charged the applicable rate for underground service, which is currently $2.00 per month, or a lump -sum charge of $220.00 peP residence. It is also under- stood and agreed by the Reicherts that NSP will install the underground distribution system and the underground service lateral up to the meter socket located, or to be located, on the exterior of the residence, but any necessary wiring and the like which may be required in the residence to tape underground, rather than overhead service; will be paid by the Reicherts. M, In installing the underground system or in maintain- ing the same, NSP will use due care to avoid damaging the existing chain -link fence and garage at Reichertd residence. If it is necessary to move any portion of this fence, NSP will either restore the same in its present condition at the same location, or on the edge of the easement strip. 4. When the underground system is to be installed and except as is provided in Paragraph 3 hereof as to the Reicherts personally for service to them at their existing residence, the future developer, builder or customer on this land will be charged as follows: (a) NSP will install, own and maintain the complete underground system including the underground service lateral to the residence. Where the underground service lateral, measured from the lot corner to Company's point of service, exceeds 100 feet, the developer or builder shall pay in advance to Company an amount equal to $1.00 per foot of service lateral in excess of 100 feet. (b) Customers served underground from such a system will pay an additional $2.00 per month for elec- trical service, or a one-time charge of $220.00 per residence. 0 (c) There will be no installation charges to devel- oper except when the de.7-alopment is less than eight lots, frontage e.-Tceeds 130 feet per lot, or unusual conditions exist, ie. frost charges. (d) A contribution will be required in addition to both the $2.00 per month URD charge and any excess footage charge for the service lateral when the residential development is less than eight lots (dwelling units) or the average lot frontage ex- ceeds 130 feet. The additional charge will be the estimated installed cost of the underground distribution system less $95.00 per lot and less the estimated installed cost of an overhead dis- tribution system. NORTHERN STATES POWER COMPANY i George M. Reichert Anna C. Reichert 5 Fer,ruar,y '25, 1570 ' . Robert J. Reichert Y YJ'.,wr .'Y4iw r R�'..�' .-.�.r t.i >.".'.'.:Cr is toDili:? ie:ev the asraemezlts reached asa res2Ile"'. f1:c: tiiG' on !'abruary 3, 1970 x,4aiclh tool, place in tha Chanhassen tVillag:e .i.Ao.. :..t:°.l.l:r" C:.^-.,.i�i :'. :.:. %•.e t ✓y yau. ot.:::: �;ri. �A. ,;-Zo nesz, tV� lw,�,rM Ms .zc::,ZI& and 1,Lr. Joe Yx+da—c'`sr. Ao you w-11.1 recall, the Pu%_?Ose 011 tlaa : W:^,'tln-' was to date`>"mine-' the ty%:liL:' +«0C%t'.:o:_ u3!, C'.1:.6...r«.�"a:o,l. ..�^„� .�.�.'t.C'o' ?"Cqu-_;5:%d 1.`a .:.c:"ri7e r: tY'a3Cc. .75 a i`'i ii;Jv!-_7dQz.,,t-s.::. ed as Eract.. B, a G-`u_.Gta-'L'd :.sand Survey No. 14, u >vfsL3."z>o.`93 iaC '�5 a"'x ft^.-.Ct:7a'stia ui2 O vC(iLgG� i• itv elie�: `L /�vv e n& Aims C. Raic 3..ert. It vas «ititu lly agreca be Weer the GIv".ie of z:12e property and Northern States P&Vas Ccmna y -to replac o, vith urdarr round facilities, the t+ir....Y4iiS� GwrZGad 11-Tic: i,,,,C7c,s..::>ti`'2g 4,s. t?"c6' Z'G aP_::Ge t` '.lU.a r.s..d attacIrmanto located e+w 'tom Y � $ n e;� . Tract D. th :; the :.lart. c:,�.'=.i�-,.'e;. a�. .ia��.d gra.cL Four ( a) polls nmi sitLcted it La'ZO Street night of e�my and doutheist of the tad tihich "ur."z"vas `e".he 'f a t Raiclamis ::ti?.sideace. w i:/'.. (:i 4 V V Project,� to tt.L.'d r± atwL�n On y ¢a' such ch tiro in t:ae future when said `.t`zact .•iB Oz the PrOD. rty T-'Ihich c' d joins the forth line of sa Tract h has been a".:gv`dividod <'s.i%d pkt:� hcavc - bce i Zulyy recorded in the office CJ S. w i �st,Ct ct-=>•• ,- c. Cara-.S County.- ,y''6 J3..^i also agreed '° °' allow -ad to remain as now :;::tuatcd until ce* dIt ions outlined abwre 'have . keen fulfilled. 2 - February 25, 1970 %ob--rt j. Reich-ert Sta-tes -rot"Ier Corw X� r-4y fur-t-xi-WO-S fin:&-pn:�`4—v to Perform the above wok at 'Re i ch 'a I - no cost t o th e I ertz e��,cept aa f llowz: rinvrecuom-faw-rirz- a oxistg ohter will pahi1'- caat-s to take an underground aervic-e- instead of overhead. 2. YNS'ZU cozmpany VVY-1111 inctall, own and maintain the co-acrplete under,ground syatem including the underground service Interal to the rasideb =. IRhere th*, underground service latezal, oeasured from. the lot corner to Covapanys' point of 83r-vice�� Qxxeodr�' 1100 x5eet-, the develop=- Or builder a -hall pay in aadvannce to Comp -any an am..ount equal to $1 per foot- of- sei-�.vice lat:eral. in mtczas of 100 feat. 3. Custtxi;,�rs served underground -f�:= such a system will rAy at., addition-val y,2.00 per month for electrical service, or ` 420 per re.:;idence. a One time ch'arge 0-1 4. T!--oze will be no installatioa chargez to developer, ex' --opt -mhen the developr"ant iz I= than eight (8) lots, front ta-e x '. r 'Iusua 06 O'a 1-j , e=eedz 1,10 feat jer lot, or ul 1 corld'� tions exist, I.e. fro--t char-Oz. conCribt;tion Ir,7--111 'be requ-ired in. addition to both the arge and way e--rcess footago ch'zxrge' —.00 'Cilonth '= -h idential development or tlne ��erv;lce lataral vhen the r4�s- is thaa eiglit (6) lots EVr uaits) or the aver- agc lot front- frontage e-xcoalds 13,10 Zeetl. IM.e additiotal tl.p Charge L711-1 'bo the ostf ted ins-talledunder- --ou &a. -,d distrilbutf-ota oysta- less $95 per lot and the ecti-ar-4---led installei! cost ot' an ov*::Iiaad dist-ribution S7StCZ!Q THe un. in'otallation is iki cair,"Alance with a Village of Chanhzassen V-1 ordinazacgu Uhlch requires burial oZ all'uIL'Ilitieu in nowly davalopod rizzi- Our right -,')f way 1-azlt %,,lill c,-ro-n-tact you wi—in, t1ae next fat7 d-Sys with the ea Sewn; wl-Ueh you a-reacd to grant, et this tl- to 'Norl-, hern ates companv. W si-pc:eraly yours, 0. 'a. rzorth.rop Sales Supervisor I District Planning Commission Minutes, February 10, 1970 !PZ Mr. Happe was informed that if he moved the road he would have to bring it to Village standards. A motion was made by Dean Scheff and seconded by Anne Neils to table any action until Mr. Happe presents a sketch plan and the status of Lakota Lane has been determined. Motion carried. HENRY MOLINE PROPERTY: This 12.5 acres is located on the northeast corner of Galpin Blvd. and Lake Lucy Road. Mr. and Mrs. Harry Kerber have taken an option on this land. Bob Scholer is the agent involved in the sale of this property and removed himself from the Chair or participating in any action that the Planning Commission may take in this matter. Anne Neils Chaired this portion of the meeting. Mr. Herb Baldwin, Planner, gave the presentation. They are requesting a 11variety" of the proposed P 3.zoning district. The property presently includes a seven unit apartment building and a single family residence. The first phase would include 64 apartment units and 16 townhouses. Construction would not start for at least two years depending upon sewer. The units would be one and two bedroom. One-third to one-half of the site would be devoted to,green areas and part of this would be recreational facilities for the residents. A motion was made by John Neveaux and seconded by Nick Waritz to table the request for rezoning until the March meeting. Motion carried. ROBERT REICHERT - UNDERGROUND UTILITIES: The Administrator reported that Mr. Reichert and NSP had arrived at an agreement regarding moving the power line. A letter has been sent by.NSP.to Mr. Reichert stating that when this property is platted the utility line would be moved to:thq..rear property- Line and put underground. OAKMONT: The Administrator stated that he and Bob Scholer had met with representatives of Oakmont. They agreed to wait until the proposed Zoning Ordinance is final before proceeding. FLOOD PLAIN ZONING: Anne Neils has drawn blue areas on the flood plain zoning map. These areas are unbuildable as indicated from the Carver County Soil Survey. A motion was made by John Neveaux and seconded by Dean Scheff to authorize the Administrator to negotiate with the Village Engineer to spend up to $200.00 for putting drainage areas on the flood plain zoning map. Motion carried. COUNCIL MEETING: There will be a joint meeting of the Planning Commission and Council on February 23 to discuss the proposed Zoning Ordinance. The next regular Planning Commission meeting will be March 10. A motion was made by Anne Neils and seconded by Dean Scheff to adjourn. Meeting adjourned at 11:30 p.m. Jean Meuwissen Secretary Special Planning Commission Hinutes, January 26, 1971 -2- CHAR: UMN FOU14DATTON: Lakes Ann Sever Trunk Line was discussed. A motion ryas made by Nick Waritz and seconded by lard Passe to table any action until. the Planning Commission has, further direction from the Village. Ongineer and Planner as to the feasibility of the density proposed. The Planning Commissionz requests the Engineer be present at the next meeting. Motion unanimously approved. STREW LIWHTS: A proposal was submitted by Northern :hates Power Company that addifio a street lights be added at a cost of 46,500 a year. REA was also asked to submit a proposal for the area they serve but have not done so. A motion was made by Tom Gabbert and seconded by Arnie ,tuba to table until such time that a request for street lighting is brought before the Planning Commission. Nation unanimously approved. SX6gCH PLAIT v BOB REIGUERT: Six and one, -half acres located on the north end of LOWS eo Xro 10 c erW submitted a proposed Registered sand Survey for eight lots. The proposed RLS is not signed by the engineer or dated,, Mr. Reichert wants the Planning Commission to approve the RLS in order to relocate utility lines underground. Ise does not plan to record the RLSo Lots F, G, and H are to become outlots as they.are unbuildable. A motion wan made by Arnie Ryba and seconded by Nick daritz that the Pl.a wing Corrimission is in agreement with the sketch plan with the stipulation that Lots Fs G, and H be outlots and further recommend k1ro Reichert proceed to praliminaxy plat according to Ordinance #33o 19otion unanimously approved. , RESOLUTION 42070-2: A motion eras made by Tom Gabbert and seconded by :hard Passe that tEe Tia ih!W Commission again asks the Council to reconsider the five acre Resolution 42070-2 dated April 20, 1970s that was rescinded by the Council on November lb, 1970. Notion unanimously approved, A motion was made by Tom Gabbert and seconded by Nick Waritz to adjourn. Meting ad3ourned at 32:45 p.m. Jean heuwissen Secretary r >t ,µ �i c L ,�y�a 3p i '�r l H ¢.�y a -•'t� - ,* fin. w.c s�-trf' � L '+•t s ' "'°S •` , d 1',r•v'•..P4°.'"., Y 1 ',.C1 4. �+ii. -d y 4 .Rtf ° r`+ < .• h t F x x• . 5 ' i 4 S Sao ��5�' x `il +, \ •.. 'i k 04 A. e��. .. _ 1 •i ti°. *` ` ° .. . * �I �° � APPRAISAL °"�*r yF• rt ._L :�t , .x 1. �'"• \. "'. .' '. ... .. x ar„r a* a- ,4.. Estate Appraisers, and'Cpnsultants T ^+ NUMBER ONE TO.NKA BUILDING / EXCELSIOR, MINNESOTA 55331 / 'TELEPHONE (fj12) 4742�8 0 « �$nuary q// Y- IZ� ;M1 0. W.. Northrop Sal s Su e'rvisor, Minn"etonka District J,VY igaT� ,i r P �1 '-Ng States' Power Company, r� F� "Excels iar Minnesota 5533 1 Relocat ion of. Poles - Chanhassen Y , V ' No bF4r=` .`Dear Mr: Northrop:.' Y4 >x I- have your letter'of January .12, 1970, and at this point„ ' ,1must confess that .I am just' a 1 ittle bit confused. The ,.relocation of these poles has been discussed 'for several years and it appears that someone is apparently dragging !the i r" feet. I know that in previous correspondence we.! have t , discussed this and -.i t has been already dec.Lded that in order r�M ;for you to get an easement you would have to put these poles xa{' An .a differentlocation... I have talked to 'my father., Mr. George M. Reichert who has indicated that he'would 1 d be ha g PPy ` } >t.,o give you an easemeht at the rear of the lot; and under ` these conditions I feel that for you to show good fa i'th you, ":.."would send' us a letter agreeing to relocate or remove the poles which are encumbering the prbperty without an easement,..- ri the correspondence dated October 23, 1969., Mr. La idlaw, your Distribution Superintendent indicated that "the over- >. head 1 i ne in this area was. built about 1926 and is not covered ' rs- by easement."' When the tornado 'of 1965 knocked out this : 4 '..sprvi ce we brought up the. po i nt that we did . not want the-po1•�es_ " reconstructed on this propertyand at that time we were verbally = `': '" assured that our wishes would be followed. }' -�l -1 understand that a representative of yours has gone to the Chanhassen Village Council and has been advised that a,l'`l new ;-facilities in platted areas are to be placed underground. �i>�'"?frr+rt�'z'„�a.#aa^yt".�".a:.`n..... ,.. ..- — _ _. .---"'--•-.'_.—•----'-_--.Y_T_ _�._�._.__—_.��.�.-i,.., ... .� [Iq� � fi'"s ;� '#��'` i•.,. a. `t r� /"� Y,µ ,ti a t '� I' �k� ' '"I` .".P+'�y l �r�, .`r. i,�a pl4f i`' i. , .. •.. 1 • Q, y�'��IR'.N� ��f`?�� T7 M+',-. 0. W. Northrop -2- January 14y # w . am',not aware that this. is considered a platted ..area, but i,t very possible that the Village will require you to make -;* any new installation underground. 1: be1 ieve this is aiatter'�� ; between you, and the Village e of Chanhassen. You have been,, w� Y g } .,-offered a free easement and at this point I bet i eve that -- reviewing the costs of giving you this easement it shout8 .be sFr - -something that you would want to take advantage of immed'i`ately :<. I am sure that your surveyors Icould come out and stake off`", the .area that is desired for this easement at the back of lot 1 i ne and I would 1 i ke to have a letter from you i nd tcat'ir;�'X.,2 A� exactly when this will be done, 9 ."f, t * o A � I feel that -Mr. George M. Reichert has acted in good 'offering the easement land which will be required for the �� t rel ocat i.on of. your poles and I feel -that sufficient time. h-as been given to the Northern States Power Company to take ackan-; d: tage of that offer. It appears in past correspondence that there has been no written commitment from N.S.P. to follow up .Ff '•,#§ on the relocation of their service. I have received letters xR regarding what the costs are for this type of thing; I have rece i ved 1 etters rega rd i ng the bas i c factors of your under-,,, ground .pole; and I have received letters that say very i ittle,_ ` �4 µ or, nothing other than what your., i nternal situation is. Atr. this pQi nt I feel that we need a letter of commitment from N.S.P. to indicate their ood faith in relocating a service that is now encumbering private property and I feel that tenter has to be given to us within the next two weeks or the 6,fe F� ; for free land for this easement will be withdrawn, Thank you. lk ,a • ciY RJR:sf r ,ry le r � ti ay, t �MtY � Mi Ys nV 1 Ly ~�+� P :•� SUM+{`n� y Planning Commission Minutes, January 13, 199 -2- ROBERT REICHERT - UNDEFC ROUND UTILITIES: A motion was made by Anne Neils and seconded by John Neveaux to table any action because Mr. Reichert was not in attendance to present his request. Motion carried. PLANNING COMMISSION MEMBERS: The Planning Commission has two vacancies ,o fill. One is the two year unexpired term of Al Barnacle and the other is a three year term. The following men were interviewed: ward Passe, .Arnold Ryba, Tom Gabbert, and Bob Phillips. A motion was made by Dean Scheff and seconded by John Neveaux to recommend the Council appoint Tom Gabbert to a three year term and Arnold Ryba to fill the unexpired two year term of.Al Barnacle. Motion carried. The Administrator is instructed to give the Planning Commission members copies of the proposed Zoning Ordinance. John Neveaux, Anne Neils, and Dean Scheff will attend the Council meeting on January 26 to discuss the proposed Zoning Ordinance. A motion was made by John Neveaux and seconded by Nick Waritz to adjourn. Meeting adjourned 11.:30 p.m. Jean Meuwissen Secretary i Mal R. J. REIC;HERT APPRAISALS Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 October 21 , 1969 Mr. Adolph Tessness Clerk Administrator Village of Chanhassen Chanhassen, Minnesota Re: Power Pole Relocation North End of Lotus Lake Dear Adolph: am enclosing the plat which the power company has furnished me showing the relocation of power poles near Eden Prairie Road at the north end of Lotus Lake. As I expressed to you in our telephone conversation, originally I contacted the power company to relocate or put this power service underground since there are no easements across this private property. I am sure that you will agree the criss- crossing of power poles along this village road is quite undesirable. It has been several years in coming but now the power company has agreed to relocate the poles at the back of the lot lines if we give them proper easements. They have expressed a desire to continue with poles due to the cost of putting the power lines underground. My reaction, of course, is that underground service is much more desirable and that if it can be justified should be encouraged. I feel that the new location of this power service is very desirable and I would appreciate your taking this plat to the Planning Commission meeting and getting their reaction so that future negotiations with NSP can be expedited. I am sure that NSP will abide by the requirements that the village sets forth. Thank you. Sincerely, Robert J. Reichert RJR!sf AIA� R. J. REICHERT APPRAISALS Real Estate Appraisers and Consultants NUMBER ONE TONKA BUILDING / EXCELSIOR, MINNESOTA 55331 / TELEPHONE (612) 474-7229 December 17, 1969 Chanhassen Village Planning Commission Chanhassen Minnesota Re: Power Pole Relocation Gentlemen: The proposed power pole relocation along Pleasantview Drive in Chanhassen is in my opinion a very important community service from the following points of view: 1. Existing power poles along roadway are a nuisance. 2. Existing power poles are unsightly, detracting from a pleasant view of the lake. 3. Wires hazardously cross the highway at service points. 4. Pole locations complicate future water and sewer service. 5. Utility lines cross private property without easements. In an attempt to solve this problem, the adjacent property owner, George M. Reichert, has agreed to give a 7' easement for power poles to NSP at the back of his property away from the highway. This would relocate the poles off of the roadway and eliminate the unnotarized extension of utility lines across private property (on both sides of the roadway). This proposal was made approximately four or five years ago and now NSP has agreed to follow up on this subject. In the interim period the Village has merged with the Township and it has been decided that underground service is required. This, in my opinion, makes this suggestion even better and I would hope that each member of the Planning Commission would personally review these power pole locations and utility lines and make a recommendation to the Council that they be relocated. In the letter which I have received from Adolph Tessness, it was implied that in order to relocate power poles a plat or registered land survey would have to be approved by the Planning Chanhassen Village Planning Commission -2- December 17, 1969 Commission. The property which would be involved in extension of this power line easement is not platted and it appears that it is not the immediate goal of my father to sell off lots. However, NSP is requesting a preliminary plat so that a legal description for the proposed easement can be obtained. Survey expenses will probably run $500 and NSP says that the extra cost of running underground service will be $1153. These costs appear to be quite high to solve this amenity problem, but I feel that there might be alternatives that could be discussed. There are a few questions which I wish to submit: 1. Does the land have to be platted to relocate the power poles? 2. Since my parents plan to live at this location for the rest of their lives, wouldn't platting increase their real estate taxes? 3. Would the Village ''go on record'' for or against the relocation of these power poles? 4. Can the Planning Commission make a recommendation on the power pole relocation problem? 5. Can this be resolved before Spring of 1970? To summarize, it appears to me that it is uneconomical for the property owners along Pleasantview Drive to pay for surveys and platting in order to justify relocation of power poles which are not only unsightly to us but to everyone who travels this village street. We agree that the power service should be not only re- located but also be underground. This, however, adds to the cost but could be resolved if a preliminary plat showing eight lots were provided so that NSP would carry the expense of this underground service. Since the developers of Near Mountain project are not interested in recording or showing their plat to NSP, it appears that all efforts must be initiated by myself and my parents, who are directly affected. In addition to the expenses which NSP has stated that there would be each house, which would be charged Since there are no houses proposed pertinent at this time. In order I have already a $220 fee for at the time of for this area, to expedite the discussed, service to connection. this is not relocation Chanhassen Village Planning Commission -3- December 17, 1969 of these poles, it might be desirable to discuss a preliminary plat without intention of recording. This might be acceptable to NSP. This might require a metes and bounds description for the easement so that they could put in the necessary under- ground line at the rear of the property. I will be happy to have your Commission members over to my house for a tour and a viewing of these power poles on any date that might be desired by the Commission. I would appreciate it if it were during January. Thank you. Sincerely, -"Robert _7 e i chert RJR:sf CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date: Resolution No. Motion by Councilman Seconded by Councilman WHEREAS, Robert Reichert has filed an application to sub- divide land located on the northeastern shore of Lotus Lake which the City feels is an ecologically sensitive area; and WHEREAS, it is the feeling of this Council that the property is suitable for subdivision and single family residential development if proper measures are taken to safeguard the ecologically sensitive shoreland areas; and WHEREAS, the plan of subdivision as initially presented by Mr. Reichert at said hearing included the creation of a homeowners' association, which was to own certain sensitive shoreland portions of the subject property as a common area, and which plan included a de- claration of covenants restricting the use of the property; and WHEREAS, Mr. Reichert informed the Planning Commission at its May 25, 1977 meeting that he wished to delete from his proposed sub- division the concept of the homeowners' association, common area, and declaration of covenants; and WHEREAS, the Planning Commissionat its May 25, 1977 meeting unanimously recommended approval of the Reichert subdivision petition as amended by the deletion of the provisions for a homeowners' association, for a common area, and for a declaration of covenants; subject, however, to a "conservation easement" across all outlots in the proposed sub- division as defined by the Commission and including a statement of purpose for said conservation easement; and a WHEREAS, Mr. Reichert, who was in attendance at said May 25, 1977 Planning Commission meeting, voiced his agreement with and approval of the conservation easement concept as set out by the Commission; and WHEREAS, the City Council met on June 6, 1977 to consider Mr. Reichert's proposed subdivision, at which time Mr. Reichert failed to state any objection to the "conservation easement" as described by the Planning Commission; NOW, THEREFORE, the City Council resolves as follows: 1. RESOLVED, that the City Council hereby approves the concept of said subdivision in principle; however, official final plat approval cannot be given until Mr. Reichert and the City have agreed on such controls as are appropriate and necessary to safeguard ecologically sensitive areas. 2. RESOLVED FURTHER, that the City Staff be directed to meet with Mr. Reichert to: a. identify which portions of the subject shorelands would be least affected in an adverse manner by active —recreational use to be owned, maintained and operated by a homeowners' association; b. prepare proposed set of restrictions governing construc- tion of boat docks, boat launching facilities, filling, excavation, cutting of vegetation, and use of power boats on those areas which would be most adversely affected by active recreational use. C. That the foregoing be incorporated into a development contract and that the City Manager place said document before the City Council for its consideration on the first available open agenda. Passed and adopted this day of ATTEST: City Clerk/Manager Mayor -2- 1977. Yes No ERIE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION MADE THIS day of , 1977, by ROBERT J. REICHERT, hereinafter called "Declarant," being the owner of the premises described as: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Reichert's Addition; Outlots A, B, C, D, E, F and G, Reichert's Addition, Chanhassen, Carver County, Minnesota. WITNESSETH: WHEREAS, Declarant is the owner of real property described above and desires to create thereon a residential community with roadways and open spaces; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities of said residential community and to this end desires to subject the real property described above, to the covenants, restrictions, easements; charges, and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Declarant has deemed for the efficient preserva- tion of the values and amenities in said residential community to create an Association to which should be delegated and assigned the powers of maintaining and administering the properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, the Declarant declares that the real property described above hereof is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restric- tions, easements, charges, and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth, which cove- nants and restrictions shall run with the real property and be binding on all parties having any right, title, or interest in the hereinafter described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Definitions. Section 1. The following words, when used in this Declaration, or any supplemental declaration (unless the context shall prohibit), shall have the following meanings: a. "Association" shall mean and refer to the Owners' Association. b. "Subdivision" shall mean and refer to all such existing properties as are subject to this Declaration. C. "Common Area" shall mean and refer to those areas of land shown on Reichert's Subdivision to be devoted to the common use and enjoyment of the members of the Association. The Common Area within the existing property ,of this Declaration, as defined below, is described as follows: OUTLOT E, Reichert's Subdivision, according to the record plat thereof on file in the Office of the Registrar of Titles in and for Carver County, Minnesota. d. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map with the exception of the Common Area as heretofore defined. e. "Living Unit" shall mean and refer to any building situated within the Subdivision designated and in- tended for use and occupancy as a residence by a single family. f. "Owner" shall mean and refer to the record or equitable owner, whether one or more persons or entities, of the fee simple title or undivided fee simple title to any Lot situated in the Subdivision (but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure nor shall "Owner" mean or refer to a contract for deed vendor unless and until each contract for deed vendor has acquired equitable ownership pursuant to Statutory Cancellation Proceedings or any pro- ceedings in lieu thereof) nor shall "Owner" mean or refer to any other person or entity who holds record -2- or equitable ownership of the fee simple title to any such lot merely as a security for the performance of an obligation. g. "Member" shall mean and refer to all Owners who are members of the Association as provided in Article II, Section 1, hereof. ARTICLE I I Membership and Voting Rights in the Association. Section 1. Membership. Every person or entity who is an Owner of a Lot or Outlot which is subject by covenants of record to assessment by the Association shall be a member of the Association. Member- ship shall be appurtenant to and may not be separated from owner- ship of any Lot which is subject to assessment by the Association. No Owner shall have more than one membership for each Lot owned. Section 2. Voting Rights. The Association shall have two classes of voting membership. Class A. Class A members shall be all: those Owners as defined in Article I, Section l.f. with the exception of the Declarant.- Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Declarant or his survivors shall be the sole Class B member. Declarant shall have the right to transfer his rights and duties hereunder by written document to be effective when a copy is filed with the secretary of the Association. The Class B member shall be entitled to five votes in the Association. The Class B membership shall cease and terminate if and when the Declarant or his survivors files with the County Recorder of Carver County and the secretary of the Association, a written document relinquishing the Declarant's rights to maintain Class B membership. From and after said filings, the Class B member shall be deemed to be a Class A member, entitled to one vote for each Lot (as provided for Class A members) in which it holds the interest re- quired for membership under Section 1. -3- ARTICLE III Property Rights in the Common Area. Section 1. Members' Easement of Enjoyment. Subject to the provisions of Section 3, every member shall have a right and easement of ingress and egresss over the Common Area, and an easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title. Section 2. Title to Common Area. The Declarant may retain the legal title to the. Common Area until such time as he has completed improvements thereon and until'such.time as, in the opinion of the Declarant, the Association is able to maintain the same but, notwithstanding any provisions herein, the Declarant hereby covenants for himself, -his successors and.assigns, that they shall convey the Common Area to the Association not later than December 31, 1982. Section 3. Extent of Members' Easements. The rights and easements created hereby and the title of the Association to the Common Area shall be subject to the following: a. The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purposes of improving the Common Area, and in aid thereof to mortgage said property, and the rights of such mort- gages in said property shall be subordinate to the rights of the Members hereunder; and b. Easements for installation and maintenance of utilities and drainage facilities as reserved on the plat of Reichert's Subdivision, Carver County, Minnesota, recorded with this Declaration and other easements of record, if any. Section 4. Taxes and Municipal Special Assessments on Common Area. Taxes and special assessments that would normally be levied against the Common Area shall be divided and levied in equal amounts against the individual members. ARTICLE IV Outlot Usage. Section 1. Parking Rights. The Association may maintain upon Outlot E parking spaces for the use of the Members and the Members' guests. -4- . Section 2. Authorized Dock Usage Area. The Association may maintain a canoe storage area, docks, swimming beach, and boat launching area for the exclusive use of the Members upon Outlot E. Boat launching, docks, and mooring may be provided as allowed by the Department of Natural Resources and other pertinent municipal, county, state and federal rules and regulations. Section 3. Pedestrian Pathway. The Association may maintain a pedestrian pathway for the use of Members and Members' guests. ARTICLE V Land Use and Building Type. No Lot shall be used except for residential purposes. No buildings shall be erected,altered, placed, or permitted to remain on any Lot other than one single family dwelling, not to exceed two and one-half (2 1/2) stories in height or thirty (30) feet and a private garage attached to the family dwelling for not less than two (2) nor more than four (4) cars. All existing buildings and structures on Lots 5 and 6, Reichert's Subdiv,[4,_ion, Carver County, shall be excepted from this restriction. ARTICLE VI Architectural Control. No building, fence, or wall shall be erected, placed, or altered on any Lot until the plans and specifications and a plan showing the location of the structure, fence or wall, have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structure, and as to location with respect to topography and finish grade elevation. ARTICLE VII Easements. Easements for installation and maintenance of utilities and drainage and emergency exit are reserved as shown on the recorded plat. Within these areas, no structures shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of the flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area MT of each Lot and all improvements in it shall be maintained con- tinuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE VIII Section 1. Temporary Structures. No structure of a temporary character or trailer, basement, tent, shack, garage, barn, or other building shall be used on any Lot at any time as a residence either temporarily or permanently. Section 2. Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than -f;,i,vx_-�square feet advertising the property fo'r sale or- rent, or s'igns used by a builder to advertise the property during the con- struction and sales -period. Section 3. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lots, except that dogs, cats, or other domestic pets may be kept, pro- vided they are not kept, bred or maintained for any commercial purposes and provided that no owner shall have more than two pets of any one species. Section 4. Garbage and Refuse Disposal. No part of the individual Lots, boulevards, or parks shall be used at any time for the storage or abandonment of junked automobiles or other motor equipment. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Garbage, rubbish, and trash shall not be kept on said premises except in sanitary containers and said containers shall be stored in the garage. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section S. Vegetation. No clearcutting of trees shall be permitted except that a minimum number of trees may be removed for purposes of locating the dwelling and roads. Preservation of the existing natural site character is to be encouraged and to protect the lake from excessively rapid storm water runoff. Section 6. Slopes. Private pathways traversing sloped areas in excess of twenty percent (20%) slope shall be constructed in such a manner so as to minimize vegetative disruption and aligned in a terraced manner down the slope to prevent the possibility of excessively rapid runoff and soil erosion. Section 7. Offensive Activities. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be dore thereon which may be or may become an annoyance or a nuisance to the neighborhood. Section 8. Sporting Equipment. All sporting equipment, toys, outdoor cooking equipment(except permanent installations), tents, trailers, campers, and other equipment and supplies necessary or convenient to residential l-iving shall be enclosed or shall be screened from view. The storage or collection of rubbish of any character whatsoever, any materials that emit foul or obnoxious odors, the growing of any noxious weed, and the harboring of the source of any noise or activity which disturbs the peace, comfort, or serenity of Owners is prohibited. No Lot - shall be used for the storage of materials not customary to or necessary and convenient for residential living. Section 9. Parking of motor vehicles on the street shall not be allowed except in case of temporary guests or visitors. ARTICLE IX Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) members. Said three (3) members to be appointed initially by the Declarant. In the event of the death or resignation of a member of the Committee, the remaining members shall have full authority to designate a successor. The Committee's approval or disapproval as required in these covenants shall be in writing, and in the event the Committee or its designated representative fails to approve or disapprove within ninety (90) days after plans and specifications have been submitted to it, or in any event i-f no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. ARTICLE X Term. These restrictions and covenants are to run with the 1 and ancTsha 1 1 be binding upon all parties and all persons �C claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said restric- tions and covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then members has been recorded agreeing to change said covenants in whole or in part. ARTICLE XI Enforcement. If there shall be a violation or an attempt to violate any of these covenants or restrictions, any person or persons owning any real estate situated in this subdivision may prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either prevent him or them from so doing or to recover damages for such violations. ARTICLE XII Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. ARTICLE XIII Amendment. These restrictions and covenants may be amended by Declarant or his survivor, at any time while Declarant is the sole Class B Member pursuant to Article II Section 2. Said amendment or amendments shall be effective when a written document signed by the Declarant or his survivors is filed with the County Recorder of Carver County, and the secretary of the Association. If there be no Class B Members, these declarations and covenants may be amended by a vote of two-thirds (2/3) of the Class A Members at a meeting duly called for the purpose. Said amendment or amendments by the Class A Members shall also be effective when a certificate evidencing such amendments, executed by the president and the secretary of the Association, is filed with the County Recorder of Carver County and the secretary of this Association. In CITY OF CHANHASSEN REICHERT'S ADDITION DEVELOPMENT CONTRACT 14,THIS AGREEMENT, made and entered into this f7_ day of LRC,( , 1976, by and between the City of Chanhassen, a Minnesota municipal corporation, hereinafter -referred to as the City, and Robert J. Reichert, hereinafter referred to as the Developer; WITNESSETH: WHEREAS, the,Developer is the fee owner of certain lands situated in th-e City of Chanhassen and the County of Carver which abut Lotus Lake, said lands being more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer has.made an application under the City Subdivision Ordinance for City Council approval of a single family residential development preliminary plat of said lands, said plat to contain approximately nine (9) lots and � (7-7, outlots, and to be known as Reichert's Addition; a copy of said preliminary plat as prepared by Egan Field & Nowak, Inc., surveyors, being attached hereto as Exhibit B, and hereinafter referred to as the Plat; and WHEREAS, the City Council, by its resolution passed December 5, 1977, has approved said preliminary plat, subject to and on condition that the Developer enter into this agreement; and WHEREAS, said lands_ encompass certain environmentally sensitive shoreland areas; and WHEREAS, the undersigned parties each acknowledge that unrestrained development and urbanization of the lands abutting the waters of Lotus Lake would have an adverse effect on the environ- mental, economic and recreational values of Lotus Lake and on the lands abutting Lotus Lake; NOW, THEREFORE, in consideration of the foregoing premises and the acceptance by the City of the preliminary plat of Reichert's Addition, the City and the Developer agree as follows: 1. Outlots to be Reduced to Four in Number. The Developer agrees to revise his plat as follows: a. Outlots B,C,D, and E. as depicted on said plat shall be combined into out outlot to be designated hereafter as Outlot B. Outlot A shall remain as depicted on Exhibit B. - 1 - b. Outlot F as depicted on said plat shall be redesignated as Outlot C. C. Outlot G as depicted on said plat shall be redesignated as Outlot D. Hereinafter, said outlots shall be referred to as redesignated in this paragraph number 1. 2. Restrictive Covenants. Contemporaneous with the Developer's submission of his final plat to the Chanhassen City Council for final plat approval, the Developer agrees to submit to the Chanhassen City Council, for its approval, the following documentation: a. Documentation for Outlot B. A declaration of covenants, conditions and restrictions which shall create a home owners' association consisting of the owners of any two or more of the nine lots in Reichert's Addition. i) Said declaration shall also provide that Outlot B shall be dedicated as a common area to be devoted to the common use and enjoyment of the members of said homeowners' association. ii) Said declaration shall also provide that the Developer, in his capacity as declarant, covenants for himself, his successors and assigns, that they shall convey the common area to said homeowners' association not later than December 31, 1982. iii) Northerly restrictions. Said declaration shall provide for the following restrictions on the use of Outlot B except that portion of Outlot B which lies south of the northerly line of Lot 9 as depicted on Exhibit B and extended westerly. A. That no buildings, roads, driveways, signs, bill- boards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises, or in the waters abutting said premises. B. That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on said premises or in the waters abutting said premises. C. That no marsh land vegatation located on said pre- mises or in the waters abutting the said premises shall be destroyed or removed. - 2 - D. That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises. E. That no motorized boats or motorized water craft shall be launched into the waters of Lotus Lake from said premises. F. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. G. That no activities detrimental to the preservation of.scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the public waters abutting said premises. iv) Southerly Restrictions. Said declarations shall provide for the following restrictions on the use of that portion of Outlot B which lies southerly of the northerly line of Lot 9 as depicted on Exhibit B, and extended westerly. A. That no road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. B. That no docks, except one small boat dock providing boat moorings for not more than a total of three (3) boats, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. C. That, except as provided in paragraphs 2(a) (iv) (A) and (B) above, no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be'allowed to remain upon said premises or in the waters abutting said premises. D. That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the said premises or in the waters abutting said premises, except as necessary for the construction and ordinary main- tenance of the dock described in this paragraph 2 (a) (iv) . - 3 - 0 E. That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. F. That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or'removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(a) (iv). G. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. H. That no activities detrimentalto the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and Documentation for Outlot A. A declaration of covenants, conditions, and restrictions which shall govern the use of Outlot A. Said declaration shall provide: i) That, except for one boat dock providing mooring space for no more than two boats, no buildings, roads, drive- ways, signs, billboards, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot A or in the waters abutting said premises. No more than one dock shall be permitted upon said premises or in the waters abutting said premises at any one time. ii) That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot A or in the waters abutting said premises. iii) That no marshland vegetation located on Outlot A or in the waters abutting Outlot A shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot A or the waters abutting Outlot A. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot A or in the waters abutting Outlot A. - 4 - vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon Outlot A or in the waters abutting Outlot A; and C. Documentation for Outlot D. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot D. Said declarations shall provide: i) That no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot D or in the waters abutting said premises. C ii) That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot D or in the waters abutting said premises. iii) That no marsh land vegetation located on Outlot D or in the waters abutting Outlot D shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot D or the waters abutting Outlot D. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot D or in the waters abutting Outlot D. vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon Outlot D or in the waters abutting Outlot D. d. Documentation for Outlot C. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot C. Said declaration shall provide: i) That no road or driveways, except for not more than one non -hard surface boat launching ramp,' shall be placed, constructed or be allowed to remain on said premises. ii) That no docks, except one small boat dock providing boat moorings for not more than one boat, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. iii) That, except as provided in paragraphs 2(d) (i) and (ii) above, no buildings, roads, driveways, signs, billboards, - 5 - docks, or structures of any kind, whether on, in, or above the ground; shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. iv) That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the same premises or in the waters abutting said premises, except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(d). v) That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. vi) That no loam, peat,. gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(d). vii) That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. viii) That no activities detrimental -to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and 3. Execution of Declarations. The Developer agrees that all of the shall be executed contemporaneously contained on the final plat. 4. Recording of Declarations. above described declarations with the instrument of dedication Upon approval by the Chanhassen City Council of the above described declarations, the Developer agrees forthwith to file and record said declarations in the office of the Carver County Recorder; and the Developer further agrees that he shall attempt no conveyance of Outlots A,B,C,D, or any part thereof, except conveyances subject to the above described declarations. 5. Term of Restrictions and Enforcement. The Developer agrees that said declarations shall run with the land and shall, by their terms, be binding upon the Developer, the declarant, - .6 - and all persons claiming under them for a period of thirty (30) years from the date that said declarations are recorded, and after that term said declarations shall be automatically extended for successive terms of ten (10) years unless an instrument signed by all of the then owners of Outlots A,B,C, and D has been recorded agreeing to change said declarations in whole or in part. Said declarations shall not be revocable during said thirty (30) year period without the prior written consent of the City. Said declarations shall provide that if there shall be a violation or an -attempt to violate any.of the terms of said declaration, the City of Chanhassen or any person or persons owning any real estate situated in Reichert's Addition may prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate said declarations. - r 6. Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the per- formance thereof by the Developer. 7. Building Permits. The Developer covenants and agrees that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the above described declarations have been filed and recorded in the office of the Carver County Recorder. 8. Remedies Upon Default. In the event the Developer shall default in the performance of any of the agreements herein contained, the City of Chanhassen may pro- secute any proceeding at law or in equity to enforce said agreements. 19.. Sale of Outlots A and C, and D. The City of Chanhassen agrees that Outlots A,C, and D may be sold to any person or persons without regard to whether such person or persons own any lot in Reichert's Addition. 7 - 10. Successors & Assigns. It is agreed by and between the parties hereto that the agreements herein contained shall be binding upon andinure to the benefit of their respective legal representatives, successors and assigns. CITY OF CHANHASSEN BY �� Mayor ..r Attest: City C_erk/Manager ,., `ROBERTT JJ _ RICH T Consents to this Agreement: c JOHN E. NICOIIAY J . - 8 - CITY OF CHANHASSEN REICHERT'S ADDITION DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Chanhassen, a Minnesota municipal corporation, hereinafter referred to as the City, and Robert J. Reichert, hereinafter referred to as the Developer; WITNESSETH: WHEREAS, the Developer is the fee owner of certain lands situated in the City of Chanhassen and the County of Carver which abut Lotus Lake, said lands being more particularly described on Exhibit A attached hereto and made 'a part hereof; and WHEREAS, the Developer has made an application under the City Subdivision Ordinance for City Council approval of a single family residential development preliminary plat of said lands, said plat to contain approximately nine (9) lots and seven (7) outlots, and to be known as Reichert's Addition; a copy of said preliminary plat as prepared by Egan Field & Nowak, Inc., surveyors, being attached hereto as Exhibit B, and hereinafter referred to as the Plat; and WHEREAS, the City Council, by its resolution passed December 5, 1977, has approved said preliminary plat, subject to and on condition that the Developer enter into this agreement; and WHEREAS, said lands encompass certain environmentally sensitive shoreland areas; and WHEREAS, the undersigned parties each acknowledge that unrestrained development and urbanization of the lands abutting the waters of Lotus Lake would have an adverse effect on the environ- mental, economic and recreational values of Lotus Lake and on the lands abutting Lotus Lake; NOW, THEREFORE, in consideration of the foregoing premises and the acceptance by the City of the preliminary plat of Reichert's Addition, the City and the Developer agree as follows: 1. Outlots to be Reduced to Four in Number. The Developer agrees to revise his plat as follows: a. Outlots B,C,D, and E, as depicted on said plat shall be combined into outlot to be designated hereafter as Outlot B. Outlot A shall remain as depicted on Exhibit B. - 1 - b. Outlot F as depicted on said plat shall be redesignated as Outlot C. C. Outlot G as depicted on said plat shall be redesignated as Outlot D. Hereinafter, said.outlots shall be referred to as redesignated in this paragraph number 1. 2. Restrictive Covenants. Contemporaneous with the Developer's submission of his final plat to the Chanhassen City Council for final plat approval, the Developer agrees to submit to the Chanhassen City Council, for its approval, the following documentation: a. Documentation for Outlot B. A declaration of covenants, conditions and restrictions which shall create a home owners' association consisting of the owners of any two or more of the nine lots in Reichert's Addition. i) Said declaration shall also provide that Outlot B shall be dedicated as a common area to be devoted to the common use and enjoyment of the members of said homeowners' association. ii) Said declaration shall also provide that the Developer, in his capacity as declarant, covenants for himself, his successors and assigns, that they shall convey the common area to said homeowners' association not later than December 31, 1982. iii) Northerly restrictions. Said declaration shall provide for the following restrictions on the use of Outlot B except that portion of Outlot B which lies :south of the northerly line of Lot 9 as depicted on Exhibit B and extended westerly. A. That no buildings, roads, driveways, signs, bill- boards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises, or in the waters abutting said premises. B. That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on said premises or in the waters abutting said premises. C. That no marsh land vegatation located on said pre- mises or in the waters abutting the said premises shall be destroyed or removed. - 2 - D. That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises. E. That no motorized boats or motorized water craft shall be launched into the waters of Lotus Lake from said premises. F. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. G. That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the public waters abutting said premises. iv) Southerly Restrictions. Said declarations shall provide for the following restrictions on the use of that portion of Outlot B which lies southerly of the northerly line of Lot 9 as depicted on Exhibit B, and extended westerly. A. That no road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. B. That no docks, except one small boat dock providing boat.moorings for not more than a total of three (3) boats, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. C. That, except as provided in paragraphs 2(a) (iv) (A) and (B) above, no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. D. That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the said premises or in the waters abutting said premises, except as necessary for the construction and ordinary main- tenance of the dock described in this paragraph 2 (a) (iv) . - 3 - 0 E. That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. F. That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(a) (iv). G. That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. H. That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and Documentation for Outlot A. A declaration of covenants, conditions, and restrictions which shall govern the use of Outlot A. Said declaration shall provide: i) That, except for one boat dock providing mooring space for fto: more than two boats, no buildings, roads, drive- ways, signs, billboards, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot A or in the waters abutting said premises. No more than one dock shall be permitted upon said premises or in the waters abutting said premises at any one time. ii) That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot A or in the waters abutting said premises. iii) That no marshland vegetation located on Outlot A or in the waters abutting Outlot A shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot A or the waters abutting Outlot A. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot A or in the waters abutting Outlot A. - 4 - C. M vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon Outlot A or in the waters abutting Outlot A; and Documentation for Outlot D. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot D. Said declarations shall provide: i) That no buildings, roads, driveways, signs, billboards, docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon Outlot D or in the waters abutting said premises. ii) That no soil, sand, or other material commonly used as landfill, or trash, waste, unsightly or offensive materials shall be placed on Outlot D or in the waters abutting said premises. iii) That no marsh land vegetation located on Outlot D or in the waters abutting Outlot D shall be destroyed or removed. iv) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from Outlot D or the waters abutting Outlot D. v) That no activities detrimental to fish spawning activities shall be permitted upon Outlot D or in the waters abutting Outlot D. vi) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural enV:,�ronment shall be permitted upon Outlot D or in the waters abutting Outlot D. Documentation for Outlot C. A declaration of covenants, conditions and restrictions which shall govern the use of Outlot C. Said declaration shall provide: i) That no road or driveways, except for not more than one non -hard surface boat launching ramp, shall be placed, constructed or be allowed to remain on said premises. ii) That no docks, except one small boat dock providing boat moorings for not more than one boat, shall be placed, constructed, or be allowed to remain on said premises, or in the waters abutting said premises. iii) That, except as provided in paragraphs 2(d) (i) and (ii) above, no buildings, roads, driveways, signs, billboards, - 5 - docks, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon said premises or in the waters abutting said premises. iv) That no soil, sand, or other material commonly used as landfill or trash, waste, unsightly or offensive materials shall be placed on the same premises or in the waters abutting said.premises, except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(d). v) That no marsh land vegetation located on said premises or in the waters abutting said premises shall be destroyed or removed. vi) That no loam, peat, gravel, soil, sand, rock, or other materials or substances shall be excavated, dredged, or removed from the said premises or the waters abutting said premises except as necessary for the construction and ordinary maintenance of the dock described in this paragraph 2(d). vii) That no activities detrimental to fish spawning activities shall be permitted upon said premises or in the waters abutting said premises. viii) That no activities detrimental to the preservation of scenic beauty, fish and wildlife habitat or detrimental to the preservation of the natural environment shall be permitted upon said premises or in the waters abutting said premises; and 3. Execution of Declarations. The Developer agrees that all of the above described declarations shall be executed contemporaneously with the instrument of dedication contained on the final plat. 4. Recordina of Declarations. Upon approval by the Chanhassen City Council of the above described declarations, the Developer agrees forthwith to file and record said declarations in the office of the Carver County Recorder; and the Developer further agrees that he shall attempt no conveyance of Outlots A,B,C,D, or any part thereof, except conveyances subject to the above described declarations. 5. Term of Restrictions and Enforcement. The Developer agrees that said declarations shall run with the land and shall, by their terms, be binding upon the Developer, the declarant, MM and all persons claiming under them for a period of thirty (30) years from the date that said declarations are recorded, and after that term said declarations shall be automatically extended for successive terms of ten (10) years unless an instrument signed by all of the then owners of Outlots A,B,C, and D has been recorded agreeing to change saiddeclarations in whole or in part. Said declarations shall not be revocable during said thirty (30) year period without the prior written consent of the City. Said declarations shall provide that if there shall be a violation or an attempt to violate any of the terms of said declaration, the City of Chanhassen or any person or persons owning any real estate situated in Reichert's Addition may prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate said declarations. 6. Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the per- formance thereof by the Developer. 7. Building Permits. The Developer covenants and agrees that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the above described declarations have been filed and recorded in the office of the Carver County Recorder. 8. Remedies Upon Default. In the event the Developer shall default in the performance of any of the agreements herein contained, the City of Chanhassen may pro- secute any proceeding at law or in equity to enforce said agreements. 9. Sale of Outlots A and C, and D. The City of Chanhassen agrees that Outlots A,C, and D may be sold to any person or persons without regard to whether such person or persons own any lot in Reichert's Addition. 10. Successors & Assigns. It is agreed by and between the parties hereto that the agreements herein contained shall be binding upon andinure to the benefit of their respective legal representatives, successors and assigns. CITY OF CHANHASSEN By Mayor Attest: City Clerk/Manager ROBERT J. REICHERT Consents to this Agreement: JOHN E. NICOLAY JR. "�q� {•�ex'i{' a.� � j r� �� = t, 1 t ,1t1i !; tt t ::r 4'1. F i 64:7 !`� . Y t�� i' - prL� a j { {, r , 1 , �..: ,, rfj•x �a a +. etr "t k" Xl y1 I � �' x � ! i� i`w y4�� .� ?a,�i�'s j�C?.":�. �trJ`'yi EY�• .�. , ('• �� � r 5 � , Y,�+S '� �11 . SS`ri i .y.,f�'E'ry. t j ����oft0 '•. � ' .. r�i�4� jr � � � t 4'�'q.�`xk kA. t �x1S �e�i rMb V _ 'cifrr+ 4V i` F, •"fit 4 a. 14 r (y nd Jj 4, \ 0V 10 53� Is 3 1 0 R t �i. � t k' t a♦ � • �a 9 ; 2b WL At f yfi' �� ��;� ' •f M ° � t =a 't"q § *,,at• tq IL,���..:�� - x Sc ae•kt �(,.'�� t �vy ytY''t. i .?a' - 1 N bf r :. 1�., 23 r I.Y'yr - � t � hte �{,,+-,�'�"'xwit � �`(xq ,,, a� x a t �g r t *1{ 1�r�''�� r � '' ,�'•.' ✓;� rf✓ ,�R tY Y .. � T �'� � Ff�'..da�,�..:�y +' �? ¢p �' �,`X� "�A. t1 � �n � *,A' `W, .�If` i,�;��a •t +i e ►V&W se-S N6+lpN g S�� ice, U-sC, w J-f-o e-f 0 en-t e k4- co N 4 r, c-, - PRELIMINARY PLAT - 2 16. Topographic data including contour intervals of 2', water courses, marshes, rock outcrops and other significant features. 17. Number of lots in subdivision '57 18. Layout, numbers and dimensions of lots to the nearest foot. 19. minimum front and side street building set back, lines.& 20. Acreage land subdivided. 21. Area of each lot in square feet. 22. Provisions for sewage disposal, drainage and flood control. 23. Present zoning. Residential industrial Commercial 24. Ccmplete legal description. 25. Ownergs name and. address 26. Subdivider's name and address 27. Surveyor's name and address 28. Designer's name and address 29. Proposed restrictive covenants. 30. Sour.ce of watersupply. 31. Utility Basements - Minimum/2/0" wide centered on rear and other lot lines. Provide easements for deflection points. 32. Maximum length of cul-de-sac shall be 5001. minimum right- of-way radius of 601 for cut -de -sac. 33. All.elevations tied to U.S.G.S. Datum. 34. Proposed drainage and storm sewer. Date Submitted IC- �.� I SZ,* Administrator Remarks: Date Reviewed NO CHECK LIST PRELIMINARY PLAT X Indicates Conformance O Indicates Non -Conformance 1. Name of Su division � .. 2. /�/ah//�� Location 40 e s_ c 3. Statement of the proposed use of lots indicating type of residential buildings with number of proposed dwelling units, type of business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of population. 7" is � .�S�.0 � � �i� �•� 15 ._i_�.. 4. Dae of preparation, north point, and graphic scale. A 6 7 �mR-vim 5. Boundary or proposed subdivision, 1st addition, etc. d 6. Location, widths and names of all railroad right-of-ways, to a distance of 100' beyond tract. 7. Location, widths and names of all utility right-of-ways, to a distance of 100' beyond tract. S. Location, boundaries and names of all parks and other public open spaces, to a distance of 100' beyond tract. 9. Location, widths and names of all private and public ease- ments to a distance of 100' beyond tract. 10. Location and names of all section and corporate lines to a distance of 100' beyond tract. 11. Location of all permanent buildings and structures. 12. Location and size of existing and proposed sewers, water mains, culverts and other underground facilities to a distance of 1001. 13. Proposed center line gradients of streets. 14. Proposed gradients of sewers. A4:5 A/_ 15. Boundary lines of adjoining unsubdivided or subdivided land, within 1001, identifying by name and ownership. Lt1Aqo -- �I - -- — - ' -- - - ' - --- ; - t--!J---- - bmC P-2 R-1 LAKE Su 77 L AWE WO jung, a qj CITY OF CHANHASSEN - 7610 LAREDO DRIVE*P.O BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Planning Commission and Staff FROM: City Planner, Bruce Pankonin DATE: October 21, 1977 SUBJ: Tabled Planning Items As shown in the October 12, 1977, planning commission minutes, the planning commission tabled reconsideration of Reicher's Plat and sketch plan review of Colonial Grove 2nd Addition until the October 26, 1977, meeting. As of this writing, no correspondence has been received by this office from either Robert Reichert or Herbert Bloomberg. 44 0 ° v 41 `� E . m W!� If) �'' W fn H ro 4) � u U 44 as a) 4.) ° rf O +J .� v] CU C ro 00 to m � O ru r(aa 0 0 ra 44 O m a) 41 w ° 0 •r-I (0 aa)) r4 En O U U) W H H z P4 0 z ro r0 H 04 r0 m '� I. ri 0 r1 fa ai —1 to O U 4-4a) � Ul ro b 4) a N a) > 4 a)o ° •-) � 04 S4 O U 4J o v r 0 z 4J z (Ti O' ?1 N (1) A ro ro rd a) 3 s:: X U SZ a) v O v r ► U S4 � 44 r. aa) s 4 A to r m m ra r. fa u N m U � m En 4J )4 N 0 U 0 4-)i 4.) 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N a) c a) c cn W a) J . j f1 C O 4J V) fo V) V) c E •- >�— (o •- z 0 0 r\ O 0 3 •- fo cn — (6 3 — ra (o a-J •C .0 D c V) L m -C U t 0 0 • u (u � r` s 0 V) E •- •- U :3 =1 - U a-' C •- C C •- •- V) 'C a) a) +J 4-J -- 0 •- O (D a) (D •- a) a) •- cn L- C -C .0 O zi c .0 .c O o 0 0-C .0 O O -C O •C s .0 O O (0 F- 4J J 4- — 3 F- +J w 4- to 4-1 F- z Z U 4- 4J H •- 0- 4- .0 rj Alzi. 'S. '44. co good, a1t. ' 745 JWFaiant `VLEW GRd. G xceL5.Lot, An. 55331 Wednesday Planning Commission May 11, 1977 City of Chanhassen Chanhassen, Minnesota Dear Sirs= We would like to go on record that we oppose any multiple, subdivision or public dock and launch- ing site at the north end of Lotus Lake, in par- ticular Bob Reicherts property. The reasons we oppose such a measure are; 1. Close proximity to private lake side homes. 2. It would tend to disrupt the fish and wild- life habitats that are now protected in this area. Respectfully Submitt d, The S.M. Osgood anvil 745 Pleasant View Rd. Excelsior, Mn. 55331 474-7585 Residents of Carver County FROM THE DESK OF RUSSELL H. LARSONFG _�' October 17, 1974 Lloyd G. Schnelle City Administrator Dear Lloyd, If you establish a deposit, please include a charge of $50 for time I have spent on this matter to date. Very truly yours , Russell H. Larson Chanhassen C ity Attorney