78-19 - Carver Beach Replat SUB pt 1tJ ECEiVEC
' l CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. J
(� !� Attorneys at Law JUL 9 1991
�.� CITY Of GrINWIASSEN
Thomas J. Campbell
Roger N. Knutson (612) 456-9539
Thomas M. Scott / Fax (612) 456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
July 18, 1991
Ms. Francine Christopher
Attorney at Law
332 Second Avenue South
Excelsior, Minnesota 55331
RE: Nancy K. Raddohl Transfer of Lot 2, Block 3,
Carver Beach Estates to the City of Chanhassen
Dear Ms. Christopher:
Please be advised that the Chanhassen City Council formally
accepted the donation of the above described property at its
regular Council meeting on July 8, 1991. The Council also formally
recognized the generosity displayed by Ms. Raddohl in the gift of
the property to the City. A copy of the resolution will be
forwarded to you in the near future.
In order to close this transaction, I am forwarding to you the
following documents to be signed by Ms. Raddohl:
1. Warranty deed;
2. Well disclosure statement; and
3. Standard seller's affidavit.
Please have Ms. Raddohl sign the enclosed documents in the
presence of a notary public and have the same returned to this
office. Please also have Ms. Raddohl forward to this office the
owner's duplicate certificate of title for Lot 2, Block 3, Carver
Beach Estates.
In order to avoid the obligation to pay the 1992 property
taxes the City must record the deed prior to August 1, 1991.
Therefore, I respectfully request your prompt attention to this
matter.
Once I receive the executed documents and the owner's
duplicate certificate of title from you I will forward all transfer
documents for recording. I will copy you on my correspondence to
the Registrar.
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
Ms. Francine Christopher
July 18, 1991
Page 2
If you have any questions regarding this matter, please do not
hesitate to call me.
JRW:srn
Enclosures
cc: Don Ashworth
Sharmin Al-Jaff
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS',
rJames R. Walston
MINNESOTA DEPARTMENT OF HEALTH
fD
OL WELL DISCLOSURE CERTIFICATE of
PLEASE TYPE ALL INFORMATION
A. PROPERTY SELLER INFORMATION
Seller's last name RADDOHL� INANCY K.
Date of closing the sale , , , , , , , Total number of wells , , ,
M M D D Y Y
B. PROPERTY DESCRIPTION
Attach a legal description of property in addition to the applicable property
information requested below.
-I 1 1 1 1 1
House number Street name Type Direction
CHANHA�S�N 55�17
City Zip code
If applicable.
CARVER BEACH ESTATES THREE TWO
Addition name Block number Lot number
C. PROPERTY BUYER INFORMATION
First name MI Last name
CITY OF CHANHASSEN
Companyy name if applicable
690 Coutter Drive Box 147
Aaaress
Address
Chanhassen MN 55317
r i i i. i. i i i i i i i i i i i i i i i i. i i, i., i i i i
Citv State Zip code
�612� 937� 1900�
Phone number
D. CERTIFICATION BY SELLER
I certify that the information provided on this certificate Is accurate and complete to the best of my knowledge.
Signature of Seller or Designated Representative of Seller
Data
E. CERTIFICATION BY BUYER
In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No
signature is required by the buyer if the seller has signed above.
Based on disclosure information provided to me by the seller or other available information, I certify that the information provided above
is accurate and complete to the best of my knowledge.
Signature of Buyer or Designated Representative of Buyer Date
F. CONTRACT FOR DEED PROPERTY TRANSFERS DEED ONLY
The buyer, or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all warranty deeds given In
fulfillment of a contract for deed. If there are no known wells on the property, check the box below.
I certify that I know of no wells on the property described herein.
Signature of Buyer or Designated Representative of Buyer
Date
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 0 FAX (612) 937-5739
Mon IV Cry AdndnWm,
�-77
TO: Don Ashworth, City Manager Oft ft%mftM1 :o Luau m"M
FROM: Sharmin Al -Jaffa Planner One.rAt6mitted to
DATE: June 20, 1991
SUBJ: Accept Proposed Donation of Lot 2, Block 3, Carver Beach
Estates
Ms. Nancy Raddohl is proposing to donate Lot 2, Block 3, Carver
Beach Estates to the City of Chanhassen. This lot is unbuildable
and is reserved for surface water drainage purposes by the city.
The City Attorney has confirmed that there are no outstanding taxes
on the property.
Recommendation
Staff is recommending that the City of Chanhassen accept the
proposed donation of Lot 2, Block 3, Carver Beach Estates from Ms.
Nancy Raddohl.
ATTACHMENTS
1. Resolution.
2. Memo from Dave Hempel dated June 21, 1991.
3. Carver Beach Estates Development Contract (refer to Page 8,
Section 18.)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
nrenrnmrnv
Date: Resolution No.
Motion By:
Seconded By:
RESOLUTION ACCEPTING DONATION OF PROPERTY FROM
NANCY K. RADDOHL TO THE CITY OF CHANHASSEN
RESOLVED, that the Mayor and City Council of the City of
Chanhassen, Carver County, State of Minnesota, do hereby accept
the following described real property donated to the City on
, 1991, by Nancy K. Raddohl:
Lot 2, Block 3, CARVER BEACH ESTATES, according to the
recorded plat thereof, Carver County, Minnesota.
AND BE IT FURTHER RESOLVED, that the Mayor and City Council,
on behalf of the City of Chanhassen and all of its residents,
formally recognize the generosity displayed by.Ms. Raddohl and
further thank Ms. Raddohl for the gift of the property to the
City.
ADOPTED by the City Council of the City of Chanhassen this
day of
ATTEST:
Don Ashworth, Clerk/Manager
, 1991.
Donald J. Chmiel, Mayor
SELLER:
BUYER:
CLOSING DATE:
CITY OF CHANHASSEN/RADDOHL
REAL ESTATE TRANSACTION
Lot 2, Block 3, CARVER BEACH ESTATES
BUYER'S CLOSING STATEMENT
Nancy K. Raddohl
City of Chanhassen
PROPERTY: Lot 21 Block 3, Carver Beach Estates
-------------------------------------------------------------------
Purchase Price
1991 Real Estate Taxes
Special Assessments
Recording Fees
Conservation Fund Fee
State Deed Tax
Abstracting Fees
TOTAL
NET PROCEEDS TO SELLER
PAYABLE TO COUNTY RECORDER
PAYABLE TO COUNTY TREASURER
DEBIT
$ 0
194.00
0
10.00
5.00
1.65
110.00 (pd.)
$ 320.65
$ 0
$ 10.00
$ 200.65
PAYABLE TO CARVER COUNTY ABSTRACT $ 110.00 (pd.)
FORM NO. 5115 (REV. 4.10.89) REORDER FROM: MILLER-DAVIS (612) 332-5144 295082-DI
---- Form
(R (Rev.PE 89> Certiticate of Real Estate Value
Buyer's Last Name, First, Middle Initial Present Address
City of Chanhassen 690 Coulter Drive
Chanhassen, MN 55317
Seller's Last Name, First, Middle Initial Address
Nancy K. Raddohl
Street Address or Rural Route of Property Purchased City or Township
Chanhassen
Legal Description of Property Purchased (Fill in lot number, block number and plat name, or attach 3 copies of the legal description)
Lot 2, Block 3, CARVER BEACH ESTATES
Daytime Phone Number
(61 2) 937-1 900
Daytime Phone Number
Carver
Type of Acquisition (check all boxes which apply)
You and seller are relatives Buyer is a religious or
Your name added to or co -owner's
or related businesses charitable organization,
name removed from deed (not a sale)
Property is a gift or inheritance ® Buyer is a unit of government
O You purchased partial interest only
You received property in a trade 1:1You condemned or foreclosed
Date purchased agreement signed is
on the property
over two years ago (Fill in year _
If you checked any box above, skip the rest of this form, sign it and fill out schedule B
Type of Property Transferred (check all boxes which apply)
® Land Only Land and Buildings
Construction of a new building completed
after January 1 of year of sale
Planned Use of Property (check one box)
❑ Residential (single, duplex, triplex) -`•- -- - Apartment (Number of units
') Cabin or Recreational
Agricultural Commercial -Industrial
® Other Use (describe below)
(Type of business
)
Drainage/Ponding Area
Financial Arrangements (instructions are on back of yellow copy)
1 Total Purchase Price - 2 Total Amount of Fprsonal Property
- - 3 Date Seller Signed Purchase Agreement
(from schedule A on back of this sheet)
-
4 Down Payment - - 5 - Points or Prepaid Interest Paid by Seller• -_.
6 . Points or Prepaid Interest Paid by Buyer -
Describe each mortgage and contract for deed used to purchase this property
Is this a
Contract or
Assumed -- Mortgage or Contract for Deed Monthly Payment for Interest Rate Total Number Date of Any Lump Sum
Mortgage? . Amount at Purchase Principal and Interest (In Effect Now) of Payments (Balloon) Payments
Yes No
7 .. .,
8
10 Its mortgage or contract for deed is not a variable market rate but the terms of payment are scheduled to change on a fixed date, fill in its line number from above, the
month and yearot the change, and what it will change to (or attach 3 copies of payment schedule): - - - - -
Fill out schedule B on the back of this sheet to determine the amount of your deed tax_
1 declare that the information filled in on this form is true, correct and complete to the best of my knowledge and belief.
Print or type name of person signing this form Signature Phone Number " Date
James R. Walston .
Chanhassen. -City Atty. (612) 456-9539
C.
- - 10C _ .. _ SD Yr Eand I S - - —
T 1dg Tct PAL -Parcel'
Acres-P.Nabte Use Yr BR Deed I Yr I Land &d9 Tcf .
Department of Revenue Use Only
X I HC ' ' j ST ( Add s
- U - I{ Apt I FM
JI tf tI
EGA 10 1 1 v 112 -My 0
Co %T ( PT :.Sale I D;s Plat
DEPARTMENT OF REVENUE COPY.
,NNESOTA DEPARTMENT OF HEALTHufifD
COM WELL DISCLOSURE CERTIFICATE con`1
PLEASE TYPE ALL INFORMATION
A. PROPERTY SELLER INFORMATION
Seller's last name RADDOHL1, 1NANCY1 K.
Date of closing the sale , I I I I I Total number of wells ,
M M D D Y Y
B. PROPERTY DESCRIPTION
Attach a legal description of property in addition to the applicable property
information requested below.
House number Street name Type Direction
�CHAPHA$SpN . . . . . . 55317 -
City Zip code
If applicable.
CARVER BEACH ESTATES THREE TWO
Addition name Block number Lot number
C. PROPERTY BUYER INFORMATION
First name MI Last name
CITY OF CHANHASSEN
COom9panv name if applicable
0
Coulter Drive Box 147
Address
Address
Chanhassen MN 55317
Citv State Zip code
612�9371900i
Phone number
D. CERTIFICATION BY .SELLER
I certify that the information provided on this certificate is accurate and complete to the best of my knowledge.
Signature of Seller or Designated Representative of Seller Date
E. CERTIFICATION BY BUYER
In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No
signature is required by the buyer if the seller has signed above.
Based on disclosure information provided to me by the teller or other available information, I certify that the information provided above
is accurate and complete to the best of my knowledge. -
F.
Signature of Buyer or Designated Representative of Buyer Date
CONTRACT FOR DEED PROPERTY TRANSFERS DEED ONLY
The buyer, or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for ail warranty deeds given In
fulfillment of a contract for deed. If there are no known wells on the property, check the box below.
I certify that I know of no wells on the property described herein.
Signature of Buyer or Designated Representative of Buyer
Date
Form No. 2280
Miller -Davis Legal Forms
Affidavit of Purchaser of Registered Land (Corporation)
State of Minnesota,
fs.
County of_ DAKOTA
JAMES R. WALSTON
City Attorne
, being first duly sworn says that --he is the
for ,WYtKthe City of Chanhassen
a municipal corporation
-XX&f5XK-XXZ organized and existing under the laws of the State of
having its principal place of business at 690 Coulter Drive,
That said corporation is the purchaser of registered land, situated in
Minnesota, from the holder of certificate No.
Minnesota
Chanhassen, MN 55317
Carver
County,
That pursuant to the articles and by-laws of said corporation, the officers authorized to execute deeds
are the Mayor and City Manager
of said corporation, and that said corporation has a corporate seal,
JAMES R. WALSTON
Subscribed and sworn to before me this__
day of , 19 91
County, Minnesota
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Sharmin Al-Jaff, Planner I
FROM: Dave Hempel, Sr. Engineering Technician
DATE: June 21, 1991
SUBJ: Proposed Acquisition of Lot 2, Block 3, Carver Beach
Estates - Project No. 84-9
The City currently holds a drainage and utility easement over the
majority of this lot. Since the City has the opportunity to
acquire fee title to this lot at no charge to the City, it is
recommended that the City proceed accordingly. The City will be
able to utilize the remaining portion of the lot to increase the
storage capacity of the existing ponding area.
lap
c: Charles Folch, City Engineer
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CARVER BEACH ESTATES
AGREEMENT dated September 29, 1987, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation, ("City"),
and BOECK-KEVITT, a general partnership, (the "Developer").
1. Request for Development Approval. The Developer has
asked the City to approve the development of CARVER BEACH
ESTATES, (referred to in this Contract as the "plat"). The City
hereby approves the development on condition that the Developer
enter into this Contract and furnish the security required by it.
2. Lot 1, Block 3, Exclusions. Lot 1, Block 3, Carver
Beach Estates is presently owned by Donald Miller and Marion J.
Johnson and there is not a contract for deed to Boeck-Kevitt on
it. Lot 1, Block 3, is therefore excluded from this contract.
3. Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's Compre-
hensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect
the use, development density, lot size, lot layout or dedications
of the approved plat unless required by state or federal law or
8/27/87
agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the
full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official.
controls, platting or dedication requirements enacted after the
date -of this Contract.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be attached
to this Contract. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A --Final Plat
Plan B--Grading, Drainage & Erosion Control Plans dated
prepared by GA*14yDOA) %l. /3045r lk /NC,
Plan C--Site Grading Plan dated d'7 prepared
by G'/lAYbo�cl /e• �BECk /Nc.
Plan D--Pl.ans for Public Improveme is dated O J-
and Specifications dated prepared
by
5. Improvements. Consistent with the development plans
described in paragraph 4 of this Contract, the Developer shall
install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading and Ponding
-'-
I. Underground Utilities
J. Setting of Lot and Block Monuments
K. Surveying and Staking
The improvements shall be installed in accordance with City stan-
dards, ordinances, and plans and specifications which have been
prepared by a competent registered professional engineer furnished
to the City and approved by the City Engineer. The Developer shall
obtain all necessary permits from the Metropolitan Waste Control
Commission and other agencies before proceeding with construction.
The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control
to the extent that the Developer's engineer will be able to certify
that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or more
City inspectors and a soil. engineer inspect the work on a full
or part-time basis. The Developer or his engineer shall schedule
a preconstruction meeting at a mutually agreeable time.at the City
Council chambers with all parties concerned, including the City
staff, to review the program for the construction work. All material
used in the public improvements and all of the work performed in
connection therewith shall be of uniformly good and workmanlike
quality. If any material or labor supplied is rejected by the City
as defective or unsuitable, then such rejected material shall be
removed and replaced with approved material, and rejected labor
shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Developer. Within thirty (30) days
after the completion of the improvements and before the security
3
is released, the Developer shall supply the City with a complete
set of reproducible "As Built" plans.
6. Time of Performance. The construction of public
improvements shall commence within one (1) year of -the filing of
the final plat with the County Recorder and all public improvements
shall be completed within two (2) years of the plat filing. The
Developer may, however, request an extension of time from the City.
If an extension is granted, it shall be conditioned upon updating
the security posted by the Developer to reflect cost increases
and the extended completion date. Upon completion of the public
improvements, a representative of the contractor, and a representa-
tive of the Developer's engineer will make a final inspection of
the work with the City Engineer. Before the City accepts the improve-
ments, the City Engineer shall be satisfied that all work is satis-
factorily completed in accordance with the approved plans and speci-
fications; and the .Developer and his engineer shall submit a written
statement attesting to same. Final approval of the public improve-
ments shall take the form of a Resolution duly passed by the City
Council.
7. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by
the City in conjuction with plat development.
S. Erosion Control. After the site is rough graded,
but before any utility construction is commenced or building permits
are issued, the erosion control. plan, Plan B, shall be implemented
by the Developer and inspected and approved by the City. Silt fences
shall be installed before grading. The City may impose additional
9
reasonable erosion control requirements if they would be beneficial..
All areas disturbed by the excavation and backfilling operations
shall be reseeded forthwith after the completion of the work in
that area. Except as otherwise provided in the erosion control
plan, seed shall. be certified oat seed to provide a temporary ground
cover as rapidly as possible. All seeded areas shall be fertilized,
mulched, and disc' anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion.
If the Developer does not comply with the erosion control plan
and schedule or supplementary instructions received from the City,
the City may take such action as it deems appropriate to control
erosion. Except in an emergency, the City will endeavor to notify
the Developer 72 hours in advance of any proposed action, but failure
of the City to do so will not affect the Developer's and City's
rights or obligations hereunder. If the Developer.does not reimburse
the city for any cost the City incurred for such work within ten
(10) days, the City may draw down the letter of credit to pay any
costs. No development will be allowed and no building permits will
be issued unless the plat is in full compliance with the erosion
control. requirements.
9. Cleanup. The Developer shall promptly clean dirt
and debris from streets that has resulted from construction work
by the Developer, its agents or assigns.
10. Ownership of Improvements. Upon completion of the
work and construction required by this*Contract, the improvements
lying within public easements shall become City property without
further notice or action.
J
11. Security. To guarantee compliance with
the terms
of this Agreement, payment of the costs of
all public
improvements,
and construction of all. public improvements,
the Developer
shall
furnish the City with a letter of credit ("security")
for
$253,488.40. The amount of the security was
calculated as 110%
of the following estimated costs:
Sanitary sewer
$
27,200.00
Watermain
$
35,600.00
On -site storm sewer S ponding
$
31,500.00
Streets
$
85,200.00
Street lights, signs and
underground utilities
$
37,900.00
Engineering, surveying, and
inspection
$
13,044.00
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City Manager. The security shall be for a term
ending December 31, 1988. In the alternative, the security may
be for a one year term provided it is automatically renewable for
successive one year periods from the present or any future expiration
dates with a final. expiration date of December 31, 1988, unless
sixty (6.0) days prior to an expiration date the bank notifies the
City that it elects not to renew for an additional. period. The
City may draw down the security, without notice, for any violation
of the terms of this Contract or upon receiving notice that the
security will be allowed to lapse before December 31, 1988. If
the required public improvements are not completed at least thirty
(30) days prior to the expiration of the security, the City may
also draw it down. With City approval the security may be reduced
E
from time to time as the Developer completes and pays for improve-
ments so long as the Developer is not in default of this Agreement.
12. Claims. In the event -that the City receives claims
from labor or material.men that work required by this Contract has
been performed, the sums due them have not been paid, and the
laborers or materialmen are seeking payment out of the financial
guarantees posted with the City, and if the claims are not resolved
at least sixty (60) days before the security required by paragraph
12 of this Contract will expire, the Developer hereby authorizes
the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to
•draw upon the letters of credit in an amount up to 125% of the
claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to
the -letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys
fees pursuant,to paragraph 19 of this Contract.
13. Drainage. Run-off from the plat shall be contained
on the plat and directed to designated ponds as shown on the grading
and drainage plans. Drainage may not run onto the lots outside
the plat abutting Western Drive.
14. Street Lighting. The expense of furnishing electricity
for street lighting shall be assumed by the City twentyfour (24)
months after completion of installation of the street lighting
system, or after fifty percent (50%) of the building lots have
been improved by the construction of residences thereof, whichever
is first to occur. Until that time the Developer shall bear the
expense.
15. Park and Trail Fees. Prior to the issuance of building
permits for homes within the plat, Developer, its successors or
assigns, shall pay to the City the park and trail fees then in
force pursuant to Chanhassen City Ordinance and Resolutions.
16. Landscaping. The Developer shall plant one (1) tree
on every lot in the plat., The trees shall be selected from among
the following species:
Maples (including Norway, "Schwedler" and Sugar)
Linden, American (Basswood)
Linden, Littl.eaf (and varieties "Greenspire" and
"Redmond")
Green Ash (and varieties "Marshal.ls" and "Summit")
Honeylocust (and varieties "Imparial", "Skyline",
and "Sunburst")
Harkberry
Oak
The minimum tree size shall be two inches caliper, either bare
root in season or balled and burlapped. The trees may not be planted
in the boulevard. The Developer shall sod the front yard, boulevard,
and side yards to the rear of the structure on every lot. Weather
permitting, the trees, sod, and seed shall be planted before Certifi-
cates of Occupancy are issued for a lot.
17. Trunk Charges. Before building permits are issued
on a lot, trunk sewer and water connection charges shall be paid.
The sewer trunk charge is $320.00 per lot and the water trunk charge
is $380.00 per lot, together with interest on both charges of 7.5%
from October 1, 1976.
18. Lot 12, Block 2. Until such time as down stream
surface water and storm sewer facilities are installed, Lot 2,
Block 3, as depicted on the plat, shall be reserved for surface
water drainage purposes and shall_ be deemed an unbuildable lot
-8-
w
for which no building permit shall be issued. An appropriate drainage
easement granted to the City or a restriction on the title to this
lot setting forth this condition shall be placed on record with
the Carver County Recorder. The form of such drainage easement
or restriction s,-,all be prepared and recorded by the City -Attorney
at the expense of the Developer.
19. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty workmanship
for a-periodof one (1) year after its completion and acceptance
by the City. All trees, grass, and sod, shall be warranted to be
alive, of good quality and disease free for twelve (12) months
after planting. Any replacements shall be warranted for twelve
(12) months from the time of planting. The Developer shall post
maintenance bonds or other security acceptable to the City to secure
the warranties.
20. Responsibility for Costs.
A. The Developer shall pay all costs incurred by
it or the City in conjunction with the development of the plat,
including but not limited to a charge equal to 2% of the cost of
the installation of public improvements to cover the cost of City
inspection. Before the Developer commences any development work,
the Developer shall deposit with the City a fee based upon construc-
tion estimates. After construction is completed, the final charge
shall. be determined based. upon actual construction costs.
B. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat develop-
ment. The Developer shall indemnify the City and its officers and
M
employees for all costs, damages or expenses which the City mey
pay or incur in consequence of such claims, including attorney's
fees.
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this Contract, including engineering
and attorney's fees.
D. The Developer shall pay, or cause to be paid
when due, and in any event before any penalty is attached, all
special assessments referred to in this Contract.
E. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and construc-
tion, including but not limited to the issuance of building permits
for lots which the Developer may or may not have sold, until the
bills are paid in full. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
F. In addition to the charges referred to herein,
other charges may be imposed such as but not limited to.sewer.avail-
ability charges ("S.A.C."), City water connection charges, City
sewer connection charges, and building permit fees as -allowed by
law.
21. Developer's Default. In the event of default by
the Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
City, provided that except in.an emergency the Developer is first
given notice of the work in default, not less than four (4) days
in advance. This Contract is a license for the City to act, and
it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such'work,
the City may, in addition to its other remedies, assess the cost
in whole or in part.
22. Miscellaneous.
A.. The Developer represents to the City that the
plat complies with all city, county, metropolitan, state, and federal
laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If
the City determines that the plat does not comply, the City may,
at its option, refuse, to allow construction or development work
in the plat until the Developer does comply. Upon the City°s demand,
the Developer shall cease work until there is compliance.
B. Except as otherwise provided herein, third parties
shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the
Developer shall be grounds for denial of building permits, including
lots sold to third parties.
D. If any portion, section, subsection, sentence,
clause, paragraph or phrase of this Contract is for any reason
held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
E. If building permits are issued prior to the
completion and acceptance of public improvements, the Developer .
assumes all liability and costs resulting in delays in completion
of public improvements and damage to public improvements caused
by the City, Developer, its contractors, subcontractors, materialmen,
� 1
employees, agents, or third parties. No one may occupy a building
for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have a stable
base approved by the City Engineer.
F. The Developer shall be responsible for all street
maintenance until streets within the subdivision are accepted by
the City. Warning signs shall be placed by the Developer when hazards
develop in streets to prevent the public from traveling on same
and directing attention to detours. If streets become impassable,
the City may order that such streets shall be barricaded and closed.
The Developer shall maintain a smooth roadway surface and provide
proper surface drainage. The Developer may request, in writing,
that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve
or reject the request. The City shall not be responsible for
re -shaping or damage to the street base or utilities because of
snow plowing operation. The provision of City snow plowing service
does not constitute final acceptance of the streets by the City.
G. Placement of on -site construction trailers and
temporary job site offices shall be approved by the City Engineer
as a part of the pre -construction meeting for installation of public
improvements. Trailers.shall be removed from the subject property
within thirty (30) days following the completion of the public
improvements unless otherwise approved by the City Engineer.
H. The Developer shall provide for themaintenance
of community postal stations and the locations and maintenance
requirements for the postal stations shall be approved by the local
postmaster.
I. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Contract.
To be binding, amendments or waivers shall be in writing, signed
by the partieL and approved by written resolution of the City
Council. The City's failure to promptly take legal -action to enforce
this Contract shall not be a waiver or release. ,
J. The Developer represents to the City to the
best of its knowledge that the plat is not of —metropolitan signifi-
cance" and that an environmental impact statement is not required.
If the City or another governmental entity or agency determines
that such a review is needed, however, the Developer shall prepare
it in compliance with legal requirements so issued from the agency.
The Developer shall reimburse the City for all expenses, including
staff time and attorney's fees, that the City incurs in assisting
in the preparation of the review.
K. This Contract shall run with the land and may
be recorded against the title to the property. After the Developer
has completed the work required of it under this Contract, at the
Developer's request the City will. execute and deliver to the Devel-
opera release.
L. Developer shall take out and maintain until
six (6) months after the City has accepted the public improvements,
public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may
arise out of Developer's work or the work of its subcontractors
or by one directly or indirectly employed by any of them. Limits
for bodily injury and death shall be not less than $500,000 for
one person and $1,000,000 for each occurrence; limits for property
-13-
damage shall be not less than $200,000 for each occurrence; or
a combination single limit policy of $1,000,000 or more. The City
shall be named. as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide
that the City must be given ten (10) days advance written notice
of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
M. Each right, power or remedy herein conferred
upon the City is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the. City and shall
not be a waiver, of the right to exercise at any time thereafter
any other right, power or remedy.
N. The Developer may not assign this Contract without
the written permission of the City Council. The Developer's obliga-
tion hereunder shall continue in full force and effect even if
the Developer sells one or more lots, the entire plat, or any part
of it.
23. Notices. Required notices to the Developer shall
be in writing, and shall be deemed to have been received if either
hand delivered to the Developer, its employees or agents, or mailed
to the Developer by registered mail at the following address: 7441 .
Jolly Lane North, Brooklyn' Park, Minnesota 55428. Notices to the
City shall be in writing and shall be either hand delivered to
14
the City Manager, or mailed to the City by registered mail in care
of the City Manager at the following address: Chanhassen City Hall,
690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Attention: City Manager.
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
CI OF HANHASSE
BY.
Thoma L, Hami
BY:
Don Ashworth,
BOECK-KEVITT PARTNERSHIP
BY:
al partner
On his
notary publictwithi"n andday forosaid ount 1987' before me, a
L. Hamilton and Don Ashworth to me y' personally appeared Thomas
personally known,.who being
each by me duly sworn did say that they are respectively the Mayor
and City Manager of the municipal corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the
corporate seal of said municipal. corporation, and that said instru-
ment was signed and sealed in behalf of said municipal corporation
by authority of its City Council and said Thomas L. Hamilton and
Don Ashworth acknowledged said instrument to be the free act and
deed of said municipal corporation.
4
NOTARY EtIC
NOTA IFW NE80TA
CARVER COUNTY
expire 8.7,0
I6r
STATE OF MINNESOTA )
( ss. '
COUNTY OF#6 NEp1A1 )
The foregoing instrument was acknowledged before me this
2-5 day of 1987, by J�FF,QEY �, ADEG/. a general
partner of BOECK-KEVITT PARTNERSHIP, on.behalf of the partnership.
NOTARY PUiLIC•AAI
NENNEP n RY PUBLIC
+N MM.". Egdu Sant. a, NBQ
DRAFTED BY:
Grannis, Grannis, Farrell
8 Knutson, P.A.
403.Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1651
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W.V- 3
Council Meeting Jun, j, 1984 -31-
FINAL PLAT, LETTER OF CREDIT, CARVER BEACH ESTATES: Rick Murray and Nancy
Raddohl were present.
Mayor Hamilton moved to approve final plat and construction plans and spe-
cifications and letter of credit with the terms and conditions setforth by
the City Manager and in agreement with Rick Murray and item 4 of the
letter of credit be changed from 110% to 90%. Motion seconded by
Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwomen Watson and Swenson, Councilman Horn. No negative votes.
Motion carried.
JULY 4TH CELEBRATION: Mayor Hamilton moved to award the fireworks display
bid to Banner Fireworks Company in the amount of $2,500. Motion seconded
by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwomen Watson and Swenson, Councilman Horn. No negative votes.
Motion carried.
Councilman Horn moved to approve one day beer licenses to the Jaycees and
Sons of the American Legion. Motion seconded by Mayor Hamilton. The
following voted in favor: Mayor Hamilton, Councilwomen Watson and
Swenson, Councilman Horn. No negative votes. Motion carried.
SPECIAL MEETING: A special Council meeting will be held June 26, 1984.
ORDINANCE #5: Councilwoman Swenson requested that copies of Section 101,
Subsection, be sent to persons whose homes are not connected to munici-
pal sewer.
REGIONAL TRANSIT BOARD APPOINTMENT: Councilman Horn moved to support Gail
Kincannon to The Regional Transit Board. Motion seconded by Councilwoman
Watson. The following voted in favor: Mayor Hamilton, Councilwomen
Watson and Swenson, Councilman Horn. No negative votes. Motion carried.
Councilwoman Watson moved to adjourn. Motion seconded by Councilwoman
Swenson. The following voted in favor: Mayor Hamilton, Councilwomen
Watson and Swenson, Councilman Horn. No negative votes. Motion carried.
Don Ashworth
City Manager
CITY OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
June 21, 1984
Carver Beach Properties
Attn: Ms. Nancy Raddohl
332 Second Street
Excelsior, MN 55331
and
B-T Land Company
Attn: Mr. Rick Murray
1025 East Wayzata Blvd.
Wayzata, MN 55391
Dear Ms. Raddohl and Mr. Murray:
The Carver Beach Estates final plat has been placed on the City
Council agenda for June 25, 1984. The City Engineer, Bill Monk,
informs me that all documentation is or will be completed prior
to the Council meeting. At question is the Letter of Credit. I
did forward this document to the City Attorney's office for his
review. Attached please find a copy of the response I received
today from Mr. Knutson. In light of these comments, this office
finds it difficult to recommend approval of the Letter of Credit
in its current form.
I would have preferred having this item tabled until July 9th so
that we could have met with the City Attorney and attempted to
resolve this issue pri-or to presentation to City Council. It is
my understanding that tabling the item would be severely detri-
mental to your development schedule and, accordingly, I have left
this item on the agenda for Monday evening.
The City Council, solely, has the discretion to accept or reject
Letters of Credit. The City Council looks to staff for advice in
making those decisions. Given the number of years this office
has worked with B-T Land and the excellent record of the company,
this office finds it extremely difficult to recommend denial of
the Letter of Credit in its current form. The primary issue at
hand is not B-T Land, but the precedent which would be set in
accepting a Letter of Credit which was not directly pledged to
the City from a financial institution specializing in such.
0.
Ms. Raddohl and
Mr. Murray
June 21, 1984
Page 2
Please feel free to contact me. Hopefully, some form of resolu-
tion can occur prior to Monday evening.
Sincerely,
Don Ashworth
City Manager
DA : k
LAW OFFICES
GRANNIS, CAMPBELL, FARRELL & KNUTSON
DAVID L. GRANNI3 - 1874.1961
PROFESSIONAL ASSOCIATION
DAVID L. GRANNLS, JR. - 1910-1980
POST OFFICE BOX 57
VANCE B. GRANNIE
403 NORWEST BANK BUILDING
VANCE B. GRANNIS, JR.
161 NORTH CONCORD EXCHANGE
THOMAS J. CAMPBELL
PATRICK A. F ARRE I
SOUTH ST. PAUL, MiNNESoTA 55075
DAVID L. GRANNIS, III
ROGER N. KNUTSON
612-455-1661
ROBERT R. KING, JR.
THOMAS M. Scow
GARY G. FUCHS
MARY S. VUJOVICH
June 18, 1984
THOMAS L. GRUNDHOEFER
Mr. Don Ashworth
City of Chanhassen
Box 147, 690 Coulter Dr.
Chanhassen, MN 55317
Re: Carver Beach Estates Letter of Credit
Dear Don:
You asked me to review the $187,000 letter of credit required by
Paragraph 5.02 of the Carver Beach Estates Development Contract
dated October 22, 1982.
1. Format. Is the format of the letter of credit acceptable?
With the exception of Paragraph one on page two of the letter of
credit, the form is satisfactory. I suggest it be amended to provide
only a 90% reduction. This would provide the city with protection
if problems are found after initial approval by the city engineer
but before final city council acceptance.
2. Issues. Is it prudent to accept a letter of credit from
Builders Financing, Inc.? I have no first-hand knowledge of this
company. Based upon the consolidated balance sheet reviewed and
approved by the C.P.A. firm of Price Waterhouse, the company appears
substantial. As is normal for this type of company, the cash on
hand fluctuates greatly. On October 31, 1983 they had $183,327
in cash and on April 30, 1984 they had $347,382.15. This is signifi-
cant because if a letter of credit is presented for immediate pay-
ment, unless cash is readily available, there could be a problem
of collection. I understand that the company has a substantial
line of credit but at any time the balance may be up or down. As
of October 31, 1983 according to the statement, they had a
$12,000,000 line of credit and had borrowed $9,500,000 on the line.
The bank obviously believes the company is creditworthy or it would
not extend such a line of credit. Based upon the financial statement,
which I have made no attempt to look beyond, it appears the company
probably could cover the proposed letter of credit. Of course,
if the company has issued numerous letters of credit and demand
for payment was made on all of them, they might not be able to
pay off. A letter of credit from a substantial bank would give
the city better protection than from a private company. RECEIVEE)
J UN 2 01984
CITY OF CHANHASSE,11
Mr. Don Ashworth
June 18, 1984
Page 2
Because the letter of credit is not from a substantial bank and
because at least some risk is involved in accepting the letter
from Builder's Financial, Inc., I am not in a position to approve
it. The city council should be asked to pass upon this.
Very truly yours,
ANNIS, PBELL, FARRELL
& KNUTSO
R� � 9--- � -7
BY
Roger . Knutson
vl
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
June 13, 1984
Ms. Nancy Raddohl
Carver Beach Properties
332 Second Street
Excelsior, MN 55331
Dear Ms. Raddohl:
To complete the platting process for Carver Beach Estates, the
final plat will be submitted for City Council approval (which is
required) on June 25. In the meantime, the City Attorney will be
reviewing the Letter of Credit from Builders Development and
Finance. It is unusual for the City to receive financial guaran-
tees from a private interest and this may also be referred to the
Council on the 25th.
I am aware you wish to proceed as quickly as possible, so every
effort will be made not to delay the process. Should you have
any questions, please let me know.
Sincerely,
William Monk
City Engineer
WM:k
cc: Roger Knutson, City Attorney
May 2, 1984
Page 2
Permit A:- lications and Extensions
The following grading and land alteration permit applications
and permit extension requests were processed by the managers:
A. Permit #84-19 - Bluff Ridge Development, Phase 2 -
grading and land alteration permit - Franlo Road and
County Road 1 - Eden Prairie.
B. Permit #84-20 - Eden Glen Center - grading and land
alteration permit - Glen Lane and TH A69•- Eden Prairie.
C. Permit #84-21 - utility installation - Paulsen's 2nd
Addition - grading and land alteration permit - Eden
Prairie.
D. Permit #84-22 - Copperfield Homes - grading and land
alteration permit -"TH 101 and Covington Road -
Minnetonka.
E. Permit #84-23 - permit extension request - Carver Beach
Estates - Chanhassen.
F. Permit #84-24 - utility installation - Valley View
Manor - grading and land alteration permit - Eden
Prairie.
G. Permit extension request - Feeders, Inc. - grading and
land alteration permit - Eden Prairie.
Appearances for the various applications were noted as follows:
Mr. Charles Coombs of Urban Unit Corporation pertaining to Bluff
Ridge Development - Phase II; Mr. Davis Reimer of Urban Associates
for the Eden Glen Center project; Mr. Duane Cramer of Rieker-
Carroll-Muller Associates, Inc. for Paulsen's Second Additional
development in Eden Prairie; Mr. Ron Bastyr of R. Bastyr &
Associates, Inc. for the Copperfield Homes development in
Minnetonka; and Michele Foster of Opus Corporation pertaining to
the Feeders, Inc. development in Eden Prairie, Minnesota.
Each permit application, together with accompanying plans
and specifications, were reviewed by the managers following
initial presentation of the permit application by the District's
engineer and developer representatives when present. Insofar as
individual permit applications were concerned, the managers were
advised that the Copperfield Homes development is presently
pending before the Minnetonka Planning Commission and City Council
May 2, 1984
Page 3
for municipal reviews and approvals. The watershed district
permit application is being acted on at this time at the specific
request of the city before municipal approvals in order to assist
in an accelerated permit review process for this development.
Mr. Don Adkins commented during the consideration of this
particular permit application about the proper installation and
maintenance of erosion control measures, particularly raising the
question regarding the installation of silt fences by developers.
Mr. Adkins urged the District to require more stringent controls
for the installation -of these silt fences. With regard to the
permit extension request for Feeders,. Inc., Michele Foster noted
on behalf of the developer that the city is aware of the watershed
district review of this permit extension at this time and has
advised the developer that city approval still must be obtained
for the proposed filling project. Following consideration of each
of these individual permit applications, and based upon the
engineer's recommendation that appropriate permits be issued for
each development subject to-t-he terms and conditions set forth in
the Distri-ct's letter permits, individual motions were duly made,
seconded and adopted for the issuance of each permit and permit
extension. Upon approval of each motion, Chairman Sault ordered
the permits to be issued to each permit applicant.
Treasurer's Report
The treasurer submitted his report, a copy o�f which is
attached hereto and made a part hereof. Following review of the
treasurer's report, it was moved by Rahr, seconded by Fiskness,
that the report be approved and the bills specified in the report
be authorized for payment. Upon vote the motion carried. As part
of the treasurer's report, the managers noted the completion of
the certification of membership of the Riley -Purgatory Creek
Watershed District to the Minnesota Association of Watershed
Districts, Inc. Chairman Sault ordered that membership certifica-
tion and the District's dues for 1984 transmitted to the treasurer
of the state association.
Audit Report
Manager Peterson distributed copies of the District's 1983
annual audit report for the year ended December 31, 1983. Chairman
Sault ordered this matter continued until the next regularly
scheduled meeting of the managers for formal review and acceptance
of this audit report.
Land Plan, Inc.
401 Townes Road
Wayzata, Minnesota
Riley- Purgatory Creek Watershed District
President
55391
May 2, 1984
5950 COUNTY ROAD #4
EDEN PRAIRIE, MINNESOTA 55344
Re: Permit Extension Request - Carver Beach Estates: Chanhassen
Dear Mr. Hess:
The Board of Managers of the Riley -Purgatory Creek Watershed District
has reviewed your correspondence dated April 11, 1984, requesting an exten-
sion of the District's grading and land alteration permit for the Carver Beach
Estates Development in Chanhassen.
The Manager approve the permit extension request until September 15,
1984 subject to the following conditions:
1. All conditions stipulated in the District's September 7, 1983
correspondence remain applicable for this project.
2- All areas altered on the development site must be restored with seed
and disced mulch, sod, wood fiber blanket, or be hard surfaced
within 2 weeks after completion of construction or no later than
September 15, 1984.
3. The District must be notified a minimum of 48 hours prior to com-
mencement of construction.
If you have any questions regarding the District's comments, please call
us at 920-0655.
` incerely,
RECtIVF—ID
Ro rt C , Obermeyer /
BAR 101984 R ENGINEERING CO. .
,Engineers for the District
CITY OF CHANHASSEN
Approved by the Board of Managers
RILEY-PURGATORY K WA ERSHED DISTRICT
RCO/ 111 � � —� ��(/ President
c: Mr. Frederick Richards _
Mr. Frederick Rahr Date: /
Mr. Bill Monk
CITY OF
CHANHASSEN
690 COULTER DRIVE 9 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 0 FAX (612) 937-5739
CITY OF CHANHASSEN FAX COVER LETTER
Fax Number: 937-5739
DATE: ?" ID r [
COMPANY:
ATTENTION: KOG
FAX NUMBER:
FROM: v `
Sending a total of pages, including this cover page. If
you do not receive all pages, or are experiencing other problems in
transmission, please call 937-1900 and ask for operator assistance.
Thank you.
4M
to PRINTED ON RECYCLED PAPER
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: May 2, 1983
d ODUlr/ DEST/AL-
SUBJ: Final Development Plan Approval, Carver Beach Estates
This item was tabled on 4—J-Y , 1983. The item as presented
on " y encompassed two decisions by the City Council:
1). Approval or denial of the developer's request to have
the previous assessments on the property reduced. City
staff continues to recommend denial of that request; and
2). Approval or denial of the development contract.
This item was tabled on.+r)J � as the documentation assuring
that Mr. Troendle was aware of the potential of being landlocked
and/or assured that he would not be landlocked was incomplete.9)
Unfortunately, this is the same comment which the City Council
has made during the course of the past two years. I would have
anticipated that a number of legal options are open to resolving
the documentation issue, raised by the Council, during the past
two years, i.e.
Dedication of Right -of -Way: Lot 5 could be redrafted to
represent a dedicated street through Lot 5. Since Lot 5 is
90 feet wide and the proposed right-of-way would be 50 feet,
a redrafting of lots would/may be desired. The problem with
this alternative is that such right-of-way would not be
necessary if the Planning Commission/City Council planned
street configurationathrough the Owen's/Troendle property
became a reality. This street plan better utilized existing
land configurations and street planning policies.& Again, the
concern would be that if Mr. Owens did not develop, Mr.
Troendle would not have assured access to his property from
the south; or
Disclaimer/Waiver - Troendle: A waiver or other form of
acknowledgement by Troendle that he recognized the potential
loss of access to his property appeared to be another means
Mayor and Council -2- May 2, 1983
by which the city could reasonably protect itself from suit
while assuring itself that Mr. Troendle did in fact recognize
that potential loss of access. The developer claims that he
has submitted numerous pieces of documentation to the
attorney's office. The attorney has stated that the documen-
tation was incomplete or inadequate. I have seen no for-
malized document sAe:b; - showing what the city was
requiring; or
Three Party Agreement: Mr. Troendle states that he is happy
with the purchase agreement he has for Lot 5. His only con-
cern is that, should he execute that purchase agreement
because the Owen option is not available or not desirable,
would the city allow him to build a street across lot 5. It
appeared logical and, without receiving other alternatives,
it appeared reasonable that the city should enter into a
three party agreement which recognized the peculiarities of
this planning case. Specifically, the city would only become
a party to the agreement in that we would agree to allow for
the construction of the street, on Lot 5, should such be
found to be the only means by which Mr. Troendle could gain
access. Secondarily, Mr. Troendle would recognize that costs
of construction of that section of the road would be borne by
him.
Both city staff and the attorney's office recognize that
potential loop holes exist in the purchase agreement between
Troendle and Mr. Johnson (Quady property owner). We advised
Mr. Troendle, both at a meeting where Mr. Johnson attended s
well as privately, that Mr. Troendle should seek his o
attorney �s to verify that the purchase agree t would
best meet his interests. Again, Mr. Troendle re ated that
he is comfortable with that purchase agreement his only
problem being one of whether the city would agree to let him
build the street if other options fail.
As will be noted by the attached memorandum from the city
attorney, the three party agreement has been drafted.
However, the attorney does note that he is reluctant in
recommending that the City Council enter into this agreement.
I am returning this item to the City Council out of frustra-
tion. I cannot reasonably recommend that the City Council
endorse a course of action which cannot be recommended by the
attorney's office. However, without having a specific docu-
ment to deliver to Mr. Johnson or Troendle, stating that this
is what is required of them to sign, I have no other alternatives.
separate report - front section of report (about item being
tabled to resolve differences)
Attached please ,"a proposed three party agreement as agreed to
between Mr. Troendle, Mr. Johnson and the City Engineer. Please
note the areas of reluctancy being offered by the City Attorney.
Any council approval of this agreement should be contingent upon
the City Attorney drafting the release agreement, as noted in his
memorandum, and te--gave such}'''executed prior to any signatures
being affixed to either the development contract or the plat.
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Don W. Ashworth
City Manager
Box 147
Chanhassen MN 55317
Dear Don:
LARSON SC MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
April 19, 1983
TELEPHONE
612) 333-1511
Re: Carver Beach Properties
On April 8, 1983, I met with Bill Monk, Joseph Troendle, Adrian Johnson
and Nancy Raddohl concerning the matter of roadway access for Mr.
Troendle's Lot 8 "Vineland" in the event the plat of Carver Beach
Estates is approved in its present configuration.
Mr. Troendle made it clear to us that a pre -condition to his signing
the plat was the requirement that roadway access to his Lot 8 somehow
be provided because the present plan eliminates roadway access to the
lot from the south, east and west.
After some discussion, the matter came down to the Troendle position
that the City allow him to construct a road across Lot 5, Block 2, of
Carver Beach Estates if in the future he wished to develop Lot 8 and
no other feasible means of providing access was available. This
position obviously called for an agreement with Mr. and Mrs.
Troendle; and Bill Monk directed me to prepare such a document, a copy
of which is attached for your review .and comments.
I am reluctant to see the City place itself in the middle between
two land owners; and as I pointed out in my letter of April 6, 1983,
to the Mayor, it is my view that the developer should acquire the
necessary property interests for its plat and a release of the City
of claims by Tronedle for the loss of road access to Lot 8. In the
alternative ( which is probably the better choice) the developer
should grant Troendle perpetual easement for roadway purposes across
Lot 5 or some other lot in the plat, if and when Troendle wants to
develop Lot 8_ This would eliminate any City involvement in the present
issue.
As I have earlier indicated the various agreements between the developer
and Troendles are not adequate to assure the latter of access to
Lot 8, and I have so advised Mr. Troendle, with the further suggestion
that he speak with his attorney about the matter.
EktG&-:'v'ct�
APR `: 0 1983
CITY OF CHANHASSEN
Don W. Ashworth
April 19, 1983
Page Two
Bill Monk has indicated that he would be talking with you about
this matter prior to his leaving for the East, and that I should
send the agreement draft to you.
V ry rul o s,
USSELL H. LARSON
Chanhassen City Attorney
RHL:ner
enc
cc: Bill Monk, City Engineer
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1983, by and between the City of
Chanhassen ;"City") and Joseph W. Troendle and Luvan G. Troendle,
husband and wife, of the County of Carver, Minnesota, ("Troendles"),
WHEREAS, the Troendles are the fee owners of Lot 8,
"Vineland" according to the recorded plat thereof on file and
of record in the office of the Carver County Recorder, and
WHEREAS, said Troendles have heretofore, on December 19,
1981, consented to the vacation by the City of that portion of
that certain 33 foot street right-of-way designated as "Road"
on the plat of "Vineland" which abuts the southerly property line
of said Lot 8, and
WHEREAS, said Troendles are the fee owners of Lots 37
to 63 inclusive, plat of Carver Beach at Long Lake, which
ownership is subject to an outstanding purchase agreement, dated
November 29, 1982, for the sale of said lots to one Adrian
Johnson, partner of Carver Beach Properties, developer of Carver
Beach Estates, and
WHEREAS, said vacated right-of-way and said Lots 37
and 63 inclusive are to be included within the proposed plat
of Carver Beach Estates for platting into residential lots, with
the consequence that roadway access from the south line of said
Lot 8, "Vineland," southerly to proposed Nez Perce Drive thereby
will be eliminated,
NOW, THEREFORE, in consideration of the foregoing, it
is the agreement of the parties hereto that in the event Troendles
wish to develop said Lot 8, "Vineland" the City will permit
Troendles to construct a roadway with a right-of-way feet
in width, including public utilities therein, southerly from said
Lot 8, "Vineland" across proposed Lot 5, Block.2, of Carver
Beach Properties to Nez Perce Drive, subject, however, the
following terms and conditions, all of which shall be strictly
complied with:
1. That Troendles shall have first obtained a
perpetual easement for said roadway right-of-way across said
Lot 5, Block 2 from the then owner thereof.
2. That in the sole judgment of the City there exists
no other feasible means of providing roadway access from said
Lot 8 "Vineland"to any public road then in existence.
3. That by execution of this agreement the City in
no way limits or restricts its right under state law and City
ordinances to approve, disapprove, modify or attach conditions to
any proposed development plan involving said Lot 8 "Vineland,"
it being the intent hereby to preserve to the City all its right
with respect to the platting, zoning and development of lands
within the City.
4. That any such roadway shall be constructed in
accordance with City standards and specifications, and at the
sole cost of Troendles.
5. That the within agreement is personal to Troendles,
and shall not in any way be construed to grant any rights herein
to successors or assigns of Troendles.
Executed by the parties hereto the day and year first
above written.
CITY OF CHANHASSEN
By
Mayor
And
City Manager
Joseph W. Troendle
Luvan G. Troendle
-2-
Ab
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
On this day of , 1983, before me,
a notary public within and for said County, personally appeared
Thomas Hamilton and Don W. Ashworth, to me personally known, who,
being each by me duly sworn, did say that they are respectively
the Mayor and City Manager of the municipal corporation named
in the foregoing instrument, and that said instrument was signed
and sealed in behalf of said municipal corporation by authority
of tis City Council and said Thomas Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
County:
My Commission expires:
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
On this day of , 1983, before me,
a notary public within and for said County, personally appeared
Joseph W. Troendle and Luvan G. Troendle, to me known to be the
persons described in, and who executed, the foregoing instrument,
and acknowledged that they executed the same as their free act
and deed.
THIS INSTRUMENT DRAFTED BY
Russell H. Larson
Larson & Mertz
1900 First Bank Place West
Minneapolis MN 55402
(612) 333-1511
Notary Public
County:
My Commission expires:
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
Bill Monk
City Engineer
Box 147
Chanhassen MN 55317
Dear Bill:
LARSON & HERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
December 1, 1982
TELEPHONE
(612) 333-ISII
Re: Carver Beach Properties
Planning Case P543
On December 1, 1982, I discussed with Adrian Johnson, one of the
partners of Carver Beach Properties, concerning the current status
of the partnership's relations with Owens and Troendle relative
to the partnership's contract to purchase the Carver Beach lots
in their ownership, as well as their interests in the portion of
the 33-foot road right-of-way in Vineland which is proposed to
be vacated. We also discussed the question of affording Mr.
Troendle access to Nez Perce from the southern limits of his
Vineland property.
Mr. Johnson advised me that he has had his attorney, Gary Larson,
re -draft the purchase agreements with the Owens and Troendles in
order to clarify the language of the partnershipb proposed acquisi-
tion of the properties of these owners, and he also will have a
second agreement with the Troendles which will, in effect, provide
that if the Owens'do not buy the southerly five acres now owned
by Troendle and abutting the proposed Carver Beach plat within one
year, the partnership will purchase the five acres from the
Troendles; it then being the intent of the partnership to use one
of the Carver Beach Properties platted lots to gain access to the
five -acre tract.
Signed copies of these agreements are to be delivered to me within
the next week or ten days for my review, in effort to ensure that
the City is, in effect, released of any claim by the Troendles for
closing off their southerly access to Nez Perce.
It was also agreed that if I am not satisfied that the documents
are sufficient to accomplish a release of the City, I have been
authorized by Mr. Johnson to prepare such a document which he will
then submit to the Troendles.
RECEIVED
DEC 21982
CITY OF CHANHASSEN
Bill Monk
December 1, 1982
Page Two
There was no discussion as to the current status of negdtiations
with Mr. and Mrs. Hobbs concerning their involvement in the
proposed plat.
Very truly yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:ner
cc: Don Ashworth, City Manager
Bob Waibel, City Planner
P.S. This letter will also serve to confirm our
discussion relative to the 50-foot right-of-
way extending from Nez Perce to the northern limits
of the proposed plat. Section 4.04 of the develop-
ment contract covers this requirement and I see no
need to change it./RHL
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNE90TA 55317
(612) 937-1900
.( QUADY # 912
CARVER CCXJNTY HERALD July 1981 Publication
LARSCNV & Iv1ERTZ August 1981
Review on 8/5 of Carver Beach replat file and drawings
including exa=r ation of plat of Carver Beach and plat
of Vineland, research on road vacations statute and court
cases on same; furnish detailed opinion to D`,qA re property
interest of boating owners in proposed road vacation;
telcon on 8/12 w/rep of land planners re road vacation: 181.25
JULY 17,
1981 ESCROW PAID 600.00
LARSON & MERTZ October 1981
10/6 letter to BM re street vacation; 10/19 review road
vacation PH notice; conf BW re same; 10/27 order stub
abstract of Lots 7,8 and 9 (Vineland); review vacation
proposals: 173.80
LARSON & MERTZ November 1981
11/9 review three stub abstracts, review file re Vineland
Road vacation; 11/16 review file in prep for plat consid-
eration and street vacation; attend Council meeting re
matter: 198.00
Stub Abstracts: Lot 7 vineland 30.50
Lot 8 Vineland 25.50
Lot 9 Vineland 20.50 274.50
LARSON & MERTZ December 1981
12/7 telcon BM re utilities in streets to be vacated;
prepare legal descriptions for street vacations; pre-
pare vacation consents for Troendle and Owens' signatures;
12/11 forward consent to street vacation to Carver Beach
Properties w/letter of instruction; check legal descript-
ions; examine plat maps and prepare resolution for vacations
of streets; review file in preparation for drafting
development contract; 12/14 telcon w/Walt Hobbs re road
R/W encroachment on NE corner of Hobbs property, financial
guarantees and storm water drainage; 12/15 conf BM and BW
re Hobbs R/W issue; platting, and installation of public
i-irprovements : 399.30
LARSON & MEIZrZ January 1982
1/13 Telcon from KE re preparation of final resolution
vacating streets: 7.25
/l �4.S I Mike
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CRAIG M. MERTZ (612) 333 -15 11
OF COUNSEL August 10, 1982 CITY OF CHANHASSEN
HARVEY E. SKAAR MARK C. McCULLOUGH ptri—F.iVED
Bob Waibel
Chanhassen City Planner
Box 147 COMMUNITY DEVELOPMENT DEPT.
Chanhassen MN 55317
Re: Carver Beach Properties
Development Contract
Dear Bob:
Reference is made to your memorandum of August 5th to me regarding
the status of the development contract for the above project.
Please be advised that we have not commenced work on this contract
for the following reasons:
1. We have not been informed that the developer has deposited
escrow funds with the City to cover development contract
work including staff conference, council meetings,
conferences with developer, etc. We estimate that $2,000
may be sufficient, but as you know, complications
sometimes arise which increase the cost above the estimate.
2. On January 5, 1982, City Engineer Bill Monk advised us
by telephone to do no work on the contract until financial
arrangements satisfactory to the City had been made to
cover the cost of public improvements within the plat.
To our knowledge no such arrangements have been made as
of this date.
3. We were advised on August 9th by Walt Hobbs that while
a general development plan covering the roadway encroachment
across a corner of Hobbs' property has been sketched out,
including construction of a new driveway and lot regrading,
no detailed plans and specifications have been submitted
to Walt for his review. Walt has taken the position that
before he grants an easement across his property, the
following conditions must be met:
a) plans and specs for the driveway, etc., must be
approved by his engineer;
b) financial guarantees (cash or letter of credit)
must be delivered to Walt to guarantee performance
of the work, and payment of all costs thereof, including
engineering and legal fees.
Bob Waibel
August 10, 1982
Page Two
No work on the development contract should commence until the
developer's escrow account is adequately funded and appropriate
arrangements have been made for the installation of the public
improvements. Additionally, it would be inadvisable to allow
the developer to proceed with construction prior to the developer's
acquisition of all requisite property interests including easements.
Very tr ly ours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:ner
cc: Bill Monk
Don Ashworth
Scott Martin
9 -raL tr I
hil
Tow
GENERAL PURCHASE AGREEMENT
Wsy=ta-(6121475-2428 Mound- (612) 472-2414. Chat"- (612) 4484355
RECEIVED OF .... AdVX&M-10i'Men ........................ ...............................................................
the sum of ...... Fiva--tfundlad ...................................... ..... ......... DOLiAM!
.ZhOCk.........................................as earnest money and in pan payment for the Purchme of at,'
out. WE&)
cwtv.a.. sxacil.... i!Lnneli a ta ...............................................
County of ........ a ..... ............................................. Stare of Minnesota, and legally described as follows, w
Lotti 37 yJ,-,Lu 65 CeAveA Beach
including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window
shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixcares and bulbs,
plumbing
fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and ocher equipment used in connection tbem,
with), water softener and liquid gastank and -ntrols (if the property of seller), same pump, television antennai, inginer-
ator, bat -in dishwasher, dr
disposal, ovens, cook if
garbage top stoves and central air conditioning equipment, any, use&ww.:
located on said premises and including also the following personal property:
all of which property the undersigned has this day sold to the buyei for the sum of:
FOIJA.. VW]Ac, a. -id ............................................................................. .................. ....... kll 107. e. 0 0 ...... DOLLARs.'
which the buyer agrees to, pay in the following manner: Zz
dc
Earnest money herein paid S ... 500 ....... ........ and S - 3,SW . .......... Cash, On .. 6 f. r .. ViAgtho`da* Ertl.
This oj4ett a conUngent upon L (4 _ttf 06 C4anlw6er anp)ovat a6 lat t LnAt Ptat
jazontna and ADad vacAtLo?t4 4,0k dlevetorme&tj th14 V-'ifle'A Z6 conti-pig 0n Pwp".
Ao.a sampte tx-4U. FuyeA to }xi y aM suAvey cosU and tviZ 0,J Ae&IA
conZbulent upon zetteu signinel a ctty contkdet 1.PAio)L
CZ04id4;- Vtiz o44e)t contLngemt upon uttekl cjrmvt,-X to W 6atZa6acttc1l t
Zapid be deveZopabZe.
Subject to performance by the buyer the seller agrees to execute and deliver a .............. -s--
(to be joined in by spouse, if any) conveying marketable title to said premises subim only to the following exceptiow:
(a) Building and zoning laws, ordinances, State and Federal regulations.
(b Restrictions ifeiture provision. ) ctions relating to use or improvement of premises without effective fo
(c) Reservation of any mine" or mineral rights to the State of Minnesota.
(d) Utility and drainage easements which do not interfere with present improvements.
follows:
(e) Rights of tenants as (unless specified, not subject to tenancies)
The buyer shall pay the real estate taxes due in the year 19... 9.1 and any unpaid installments of special assessments payable
and thereafter. Seller warrants that real estate taxes due in the year 19-42. will be .............. jqgin ........... ..... .... ...... homme" class'
rti full, paal or non-rri oestegil —state which)
Neither the seller nor the selleFs agent make any representation or warranty whatsoever concerning the amount of real c6MWI,,,a
which shall be assessed against the property subsequent to the date of purchase.
Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal ptqpem
not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING: AM
CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER
AT DATE OF CLOSING.
The seller further agrees to deliver possession not later than -*tV--.0A ............ provided that all conditio n*
agreement have been complied with. Unless otherwise specified this We shall be closed on or bt4ore 60 days from the date
In the event this property is destroyed or substantially damaged by fire or any other cause before the d6sing date, this agreemirni;Ihu
become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rats adit C14 o
of jm&, interest, insurance and city water, and, in the. . � f
income be
property, current operating expenses, shall ,tjents
made as of .. . .. .. .... ............... .... . ......... v----
The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tide, or a Registered Ptooerty
Abstract-s covering bankruptcies, and State and Federal judgments and liens. The buyer sb&U be certified to dam to include proper searches
allowed "I after receiptthereoffor examination of said title and the making of any objections thereto, said objections to be in*& in
od
writing or d=cto waived. If any objections are so made the seller shall be allowed t20 days to make such title marketable. Pending -
r
correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice
to the buyer, the parties shall perform this agreement according to its terms.
If Said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided.'this
agreement shall be null and void, ar option of the buyer, and neither principal shall be liable for damages hereunder to the other pri
All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within acid tame,
and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may
terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said &SOL%. as
tests may ap as d Elie their respective interests liquidated damages, time being of the essence hereof. This provision shall not deprive eider party of
the right of enforcing specific�rformance of this contract provided such contract shall not be terminated as aforesaid, and provided action
1?.-0
to enforce such specificperformance shall be commenced withirk six months after such right of action shall arise.
It is understood and agreed thar this We is made subject to the approval by the owner of said premises in writing and that tha.iPader.
signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid cadet
this contract.
The delivery of all papers and monies shall he made at the office of: TONKA WEST PROPERTIES
TONKA WEST PROPERTIES
1, the undersigned, owner of the above land, do hereby approve
By........................ .................... ...... . .............. ...............
the above agreement and the sale thereby made.
I hereby agree to purchase the said property for the pirkit sled
upon the terms above mentioned, and subject to all amdkked
herein expressed.
................... ................................ ...................... (SEAL)
Seller
............... -.1. .-.1-: :.—. - . . ..... 0M)
Buyer
.................................................................................. (SEAL)
Seller
.................. ............ . .................. I .... ........ ..... . ................
Buyer
MBR-326 f
THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVJLM
2
WHITE - 0111ce Copy CANARY - Buyer's Copy GREEN - Salwos Copy PINK - Buyer's Record
_56_
VACATION OF STREETS
CASE NO. VAC.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST -
Date of Application
Received by
Applicant lr' �ci,lJG FFE `iao_o'a
Name:
Last First Initial
Address:.
Address:
Number and Street city State Zip Code
-lam wU4f"Y-jute , r jam"- vac4aa er i+e ereet�, i tAJ c4W m tV of a" ,16*.
Name, Address and Signature of Abutting Property aners.
2:
3.
4. 1 %�
5.
6,.
7.
8.
9.
10.
r'XA/
s S
12. ` �1
13.
r
14.
15 . C1i
Use Additional Sheet
J
"'zlewlj. L�11_
J
MEMORANDUM
TO: City Attorney, Russell Larson
FROM: City Manager, Don Ashworth
DATE: March 23, 1983
SUBJ: Quady Subdivision
The Planner and Engineer jointly submitted the Quady Development
Contract for Council review on March 21st. They were instructed
to insure that your report would be received as a part of the
Council's review. Bill then informed me that you did not think
that this item could be considered on March 21st as "the City
should seek executed consent from the Troendle's and Owens'
regarding this item and that you did not want to proceed as the
escrow account currently has a $500 deficit". These comments
deeply distress me as :
Special Executed Documentation - Troendle/Owens:
- This item was presented for development plan approval in
November of 1981. Neither this office nor any other staff
member were aware of the fact that you would be inter-
jecting your concern that the city obtain an "executed spe-
cial dated consent —to be executed by the Troendle's and
Owens'." This was being sought in addition to the other
"purchase agreements and other documents in the entire
platting process". From that meeting, you were given the
authority to get whatever form of documents desired to
alleviate the concerns you raised at the Council meeting.
Again, I was disappointed that these concerns had not been
raised prior to the Council meeting, but took on face value
that you simply had not considered this to be important
until it was discussed that evening; and
- On Novemb
City Coun
During th
points of
office or
this was
points of
er 15, 1982 this item was
cil for final development
e course of that meeting
concern to you that you
any staff member prior t
distressing, what I did
concern that you were
not re
raising
again submitted to the
contract approval.
you, again, interjected
had not expressed to this
o that meeting. Although
alize was that the
were exactly the
Mr. Russell Larson -2- March 23, 1983
same as had been raised in November of 1981. However, the
Council tabled action on the item to, again, allow your
office to complete whatever work was necessary; and
- By your letter of December 1, 1982 City staff was lead to
believe that the documentation required by yourself was
nearing completion. There has been no advice to the
contrary since that date and City staff has received copies
of information forwarded from the developer to yourself.
- To now inform Bill that this item should not be placed on
the City Council agenda as "you believe there should be
some form of special executed consent by Troendle and Owens"
does not make any sense.
Escrow Account
- In July of 1981 Bob obtained a $600 escrow amount from the
developer for reviewal costs associated with this develop-
ment. By December, 1981 that entire amount had been con-
sumed. In June, 1982, Bob asked the developer for an
additional $1,200. This was based on a phone conversation
with your office on May 18, 1982 where you estimated the
cost to be "$750 in hopes of a surplus position when plat
is filed". At the current time, we are now at a $500 to
$600 deficit position.
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CRAIG M. MERTZ
(612) 333-I5II
OF COUNSEL August A 10, 182
HARVEY E. SKAAR l• 7
MARK C. MCCULLOUGH
Bob Waibel
Chanhassen City Planner
Box 147
Chanhassen MN 55317
Re: Carver Beach Properties
Development Contract
Dear Bob:
Reference is made to your memorandum of August 5th to me regarding
the status of the development contract for the above project.
Please be advised that we have not commenced work on this contract
for the following reasons:
1. We have not been informed that the developer has deposited
escrow funds with the City to cover development contract
work including staff conference, council meetings,
conferences with developer, etc. We estimate that $2,000
may be sufficient, but as.you know, complications
sometimes arise which increase the cost above the estimate.
2. On January 5, 1982, City Engineer Bill Monk advised us
by telephone to do no work on the contract until financial
arrangements satisfactory' to the City had been made to
cover the cost of public improvements within the plat.
To our knowledge no such arrangements have been made as
of this date.
3. We were advised on August 9th by Walt Hobbs that while
a general development.plan covering the roadway encroachment
across a corner of Hobbs' property has been sketched out,
including construction of a new driveway and lot regrading,
no detailed plans and specifications have been submitted
to Walt for his review. Walt has taken the position that .
before he grants -an easement across his property, the
following conditions must be met:
a) plans and specs for the driveway, etc., must be
approved by his engineer;
b) financial guarantees (cash or letter of credit)
must be delivered.to Walt to guarantee performance
of the work, and payment of all costs thereof, including
engineering and legal fees. RECEIVED
AUG 111982
CITY OF CHANHASSEN
-.
Bob Waibel
August 10, 1982
Page Two
No work on the development contract should commence until the
developer's escrow account is adequately funded and appropriate
arrangements_..have been made for the installation of the public
improvements. Additionally, it would be inadvisable to allow
the developer to proceed with construction prior to the developer's
acquisition of all requisite property interests including easements.
Very truly yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:ner
cc: Bill Monk
Don Ashworth
Scott Martin
/1
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Donald W. Ashworth
City Manager
Box 147
Chanhassen MN 55317
Dear Done
LARSON & N X-nTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
August 5, 1981
Re: street Vacation
Carver Beach Properties
Quady Property
TELEPHONE
(612) 333 S11
CONFIDENTIAL
Reference is made to the proposed vacation of certain streets in and
abutting Carver Beach as a part of the proposed Carver Beach Properties
development plan.
We note in particular the proposal to vacate the street, identified
solely as "Road", lying northerly of the plat of Carver Beach and
abutting Lots 7, 8 and 9 of the plat of Vineland. This "Road" is not
a part of the plat of Carver Beach, and although we have not examined the
plat of Vineland, it appears to us that it was platted as part of Vineland.
We are informed that Carver Beach Properties has secured an option to
purchase the "Road" from the owners of Lots 7 and 8, Vineland on the
assurance that road access will be given these lots from the south by
Carver Beach Properties. We have not been furnished with a copy of any
document which verifies this understanding, nor does the proposed plat
furnished us show any such road access to Lots 7 and 8, Vineland, from
the south.
Our specific concern is that by vacating the road abutting Lots 7, 8
and 9, Vineland, without the express written consent of the fee
owners (and any encumbrancers) of said lots, the City may incur liability
to these owners for the taking of a property right without adequate
compensation. The fact that the "Road" may or may not have been
improved or used is not material in our view.
Any document expressing the consent of the owners of Lots 7,8, and 9,
Vineland, to vacation of the "Road" should be reviewed and approved by
this office and placed of record with the County Recorder or Registrar
of Titles, as the case may be.
RECEIVED
AU G 6 1981
CITY OF CHANHASSEN
Donald W. Ashworth
August 5, 1981
Page Two
We recommend that no action be
until this office is satisfied
the City by the vacation.
RHL:ner
taken by the City to vacate this "Road"
that there is no liability exposure to
Very t my rs,
RUSSELL H. LARSON
Chanhassen City Attorney
TABLE OF CONTENTS
Page Number
I.
BACKGROUND
1
II.
PRECEPT
2
III.
GUIDELINES
2
A. Imageability for the Study Area
2
1. Existing Patterns and Rationale
for
Proposed Patterns
2
2. Proposed Guideline
4
A. I!est of Nez Pierce
4
B. East of Nez Pierce
5
B. Impact of Village Generalized Guide
Plan and
Other Studies
7
1. Existing Generalized Guide Plan
7
2. Rationale for Proposed Pattern
and
Proposed Guideline
8
C. Circulation Systems for the Study Area
11
1. Existing Patterns and Rationale
for
Proposed Patterns
11
2. Rationale for Proposed Pattern
and
Proposed Guideline
12
D. Land Uses for the Study Area
16
1. Existing Patterns and Rationale
for
Proposed Patterns
16,
2. Proposed Guideline
18
A. Residential Developri:-nt
18
B. Recreational Develop,i12nt
23
IV.
SU[.9ARY
27
I. BACKGROUND
It was considered an opportune time to plan for the future
environment of Carver Beach Area as the extension of utilities
into the area was considered. Such planning was considered
necessary due to a number of problems noted in the neighborhood:
A. Obsolete platting.
B. Use of very narrow streets.
C. Platted streets which serve no real purpose.
D. Irregular and varying sized building lots.
E. Small public lake access points and areas.
F. Improper road intersections.
G. No plan for future subdivision or re -subdivision of land
parcels.
H. Some instances of poor site maintenance and exterior
storage and dumping.
I. Poor building maintenance and conditions in some areas.
J. Severe soil and topography problems.
X. Improper and inadequate sewage disposal and sanitary
water systems.
Most importantly, however, there is no over-riding philosophy
or direction for development in the study area. Present devel-
opment has been somewhat uncoordinated and haphazard and lacks
any relationship to an overall community plan or standard.
The variety of problems and situations indicated the need to
consider how best the area might be improved and further
developed for the future enjoyment of the residents. As a
result, the Planning Commission developed a preliminary plan
for the area and various alternatives were discussed with
residents and property owners.
Public meetings have been held concerning both utility improve-
ments and general improvements. Considerable assistance has
been provided by area residents voicing their opinions and
suggestions. As a result of such studies, discussions, and
public meetings - a general development plan has evolved and is
presented in this report.
II. PRECEPT
As prepared, the plan and this report is a "guide" to proper
maintenance and development of the Carver Beach Neighborhood Area.
It is considered as a more specific part of the Comprehensive
Municipal (City) Plan.
1
Based upon a study of area conditions and apparent desires of
residents and land owners., the following descriptive elements
have been developed:
A. The Report
1. The report is intended to supplement the plans in des-
cribing the guidelines for development. In this report,
four basic areas of study and the formulated goals and
objectives related to them establish the guidelines for
development within the study area. The areas are as
follows:
A. Imageability of the Study Area.
B. Impact of City Development Guidelines on the
Study Area.
C. Circulation Systems for the Study Area.
D. Land Uses for the Study Area.
B. The Plan
1. The plan is intended as a guide to proper maintenance and
development of existing land uses and remaining vacant
land, and attempts to describe graphically the guidelines
enumerated in the written report. Except for the utility
easements and installations, many parts of the plan can
remain somewhat flexible and be amended from time -to -time
as conditions warrant. Later, it may be desirable to
consider an "official map" which would be less flexible
and designate precise and final street alignments, public
areas, and other features. At this time, it is believed
that flexibility is more desirable but that the plan be
used constantly as a guide to subdivision, re -subdivision,
and issuance of building permits.
In each of the four areas of study, an attempt will be made to
examine existing patterns and rationale for proposed patterns and
to state the proposed guidelines. The means by which these
guidelines are implemented are not a part of this study although
it is assumed that present City ordinances and codes will serve as
the vehicle in most cases. Where implementation of the guideline
is beyond the scope of present administrative procedures, further
study may be required.
GUIDELINES
A. Imageability for the Study Area
1. Existing Patterns and Rationale for Proposed Patterns
a. The area shown on the Carver Beach Guide Plan
divides itself into two visually distinct neighbor-
hood districts with Nez Pierce Avenue generally
forming the boundary. Each district is somewhat
different in character, land form and development.
N
b. The land west of Nez Pierce to County Road 17 forms
one of the two districts and is characterized by
an --;open rolling landscape with relatively little
natural foliage and tree cover, and modest changes
in ground topography.
c. With the exception of the portion of land north of
Carver Beach Road, which appears to be developing
in a manner consistent with most suburban develop-
ment (moderate income, detached single family houses,
and average size land parcels), the majority of this
district is relatively undeveloped with the land
still being used for agricultural purposes.
By contrast, the land east of Nez Pierce Avenue to
Lotus Lake is typified by heavy, dense foliage,
natural tree cover, and abrupt, dramatic changes in
land form and topography, particularly along the
eastern portion of the district.
d. It is in the latter district that the majority of
development in the study area has occurred. By
contrast with the more recent development occurring
east of Nez Pierce Avenue, however, the development
in the district, although older, is less stable.and
more transitional in character. Where earlier
development in this district was characterized as a
summer cabin -weekend vacation community, more recent
trends indicate the development of a year around
residential neighborhood. Existing land uses still
reflect this, however.
e. The district east of Nez Pierce Avenue although
abundant in natural assets has not (because of
earlier land uses, platting, and topographic unaccess-
ibility) developed along standards consistent with
good land use planning. Because the original platting
subdivided the land into 20' by 100' increments, many
of the existing lots are small and irregular in shape.
As a consequence, some of the homes are close together
.and less than average in size. Several of the per-
manent residences are converted summer cabins and do
not meet with present City building requirements. A
few summer homes still remain and some have fallen
into a state of misuse and disrepair. Home sizes
and land parcels vary from 400 square foot cabins on
20 foot lots to 2,500 square foot homes on several
acres. Absentee land ownership is not uncommon, and
a substantial portion of the existing homes are rented.
f. As a consequence, this part of the study area has pro-
vided housing and home site for a diversity of economic
groups, including individuals and families on welfare,
young married couples on limited incomes and moderate
income families with school age children, to retired
and semi -retired couples on fixed incomes.
3
Because of the relatively small platting units and
dramatic topographic changes, roads are narrow,
winding and spaced closely together, lending a rather
intimate but confusing pattern of automotive move-
ment through the area.
g. In addition to the.diversity of the existing popula-
tion, this part of the study area has, because of
its physical characteristics, provided a variety of
active and passive recreational uses. Lotus Lake
functions as a vehicle for multi -seasonal activities
including swimming, sailing, fishing and boating in
the summer, to ice fishing, skiing, hiking and
skating in the winter. The changing topography of
the land and natural vegetation lends itself well to
activities including biking, strolling, skiing and
snowmobiiing.
h. The residents within the study area rely heavily on
these assets to meet their recreational and leisure
requirements.
2. Proposed Guideline
The two districts within the study area are distinctly
different in image and character and guidelines for their
development should be tailored to their differences, but
compatible with an overall concept of development for the
area. An attempt should be made to tie these districts
together for neighborhood continuity but permit develop-
ment consistent with the uniquenesses of each district.
A. West of Nez Pierce
1. Permitcontinued development of detached single
family homes for lands north of Carver Beach Road
as "infilling" to the present pattern of develop-
ment. Lot and home sizes should be compatible
with the existing scale of units.
2. Because the land south of Carver Beach Road is
relatively open and unencumbered by existing
platting and construction, or peculiar geographic
requirements, guidelines for the development of
this area may be flexible. Although the land use
for this area may be residential, the guidelines
established by existing City ordinances for planned
unit development may well serve as the criteria
for development on this part of the district.
However, the scale and character of any develop-
ment in this area should be compatible with that
of the adjoining distracts.
4
B. East of Nez Pierce
In general, encourage land use and development which
will preserve and maintain the basic integrity and
overall intimate character and diversity of the
Neighborhood; assist and support efforts to improve
the general quality of existing developed land uses.
Specifically,this may best be accomplished by the
following:
1. Encouraging new development on an individual,
"infilling" basis. Because the majority of un-
developed land parcels are small or fractured by
multiple ownership, develppment on a large scale
will be difficult. Development on an infilling
basis will be more compatible with the residential
character of the neighborhood and would discourage
any substantial changes in the overall density of
the area, or the general scale and size of
structures in the neighborhood. Efforts should
be made by the City and the neighborhood residents
to encourage reconsolidation of parcels which are
too small for suitable development, into parcels
which will be more suitable for placement of a
housing unit.
2. Supporting individual and neighborhood efforts to
remove hazards and eyesores and improve property
maintenance standards by regular and interpretive
enforcement of City zoning and building codes.
Property improvements should be encouraged and
maintenance of City property and grounds should be
on a regular basis.
3. Careful study and evaluation of elements of develop-
ment which may damage or detract from the natural
amenities of the area. Specifically,
a. Encourage private and public development in a
mani(;r which acknowledges the unique natural
fea ores of the area and attempts to be
syr--,)athetic with them. Discourage improper land
filling and grading and unnecessary clearing of
vegetation.
b. Discourage further development of substandard
land use without careful individual review
of each proposal for compatibility with the
adjoining land uses and environment.
C. Begin an immediate r�view of the area for the
installation of public sewer and water system.
While it is not clear as to the precise effect:
private septic syst��ols have had on the ecology
of the area, it is not unreasonable to assume
5
that, given the proximity of the lake to the
study area, the natural ground slope toward
the lake, and the relatively close spacing of
private homes to themselves and the lake, soil
saturation and contamination is a possible
problem in the area.
d. Establish an on -going review of the recrea-
tional facilities and activities in the area
to assure that it is consistent and compatible
with the available resources and basic ecology
of the area. Review might include surveys of
the frequency and type of use of the beaches,
parks, the lake, boat landing, etc.
e. Minimize the number, size,and type of public
easements which may be required to meet the
service needs of the area, in order to provide
the least physical damage to ground topography
and natural vegetation. Such items as utility
easements, roads and streets, public parking,
storm drainage and the like would be carefully
reviewed under the requirements of this part of
the study.
4. Establish economic control mechanisms which will
permit the continuation of the socio-economic
heterogenity of the district's population, both
in present and future land ownership and develop-
ment. Because the social diversity of the area
is, in part, an outgrowth of the relative cost of
living in the district, careful consideration
should be given to the financial impact of any
future improvements in the area on the sociolo-
gical cross section of the district population.
Such costs, for example, as future utility assess-
ments, increased land value appraisals and the
like, although obviously necessary if any major
improvements in the area are to be made, could
impede development of a type which might meet the
needs of lower income groups.
Any major increase in
the existing residents
all probability, force
require relocation of
less expensive areas.
property ownership costs for
of the district will, in
the sale of homes and
several households, to other
C
It is recommended that:
a. Careful consideration be given to the exact
means used to assess the costs of any improve-
ments made in the area.
b. The City investigate the possibility of the
use of any federal, state or local financial
assistance programs and their application to
the study area.
B. Impact of The City Generalized Guide Plan and Other Studies
1. Existing Generalized Guide Plan
A. In 1971 the City completed an up -date of the Gen-
eralized Guide Plan, including a review and
up -date of the Transportation Thoroughfares Plan
and Land Use Plan (December 1971, as pre ared by
Nason, Wehrman, Chapman Associates, Inc.. The
plan calls for a rather extensive system of semi-
public/public parks and open spaces lacing through
the City, generally tying together the existing
lakes, parks and public facilities. A broad
section of this park/open space system extends
east from the Lake Ann Park area to Lotus Lake,
south of the Study Area, and runs north along the
western border of Lotus Lake terminating at the
north end of the lake.
B. In addition, the guide plan indicates the develop-
ment of a "minor collector" beginning at the
intersection of Lake Lucy Road and County Road 17
extending east to a point approximately midway
along the north border of the study area then
running south, presumably along Carver Beach Road
and eventually terminating at West 78th Street.
Its cross section is shown as 80 to 120 feet and
includes four, twelve foot wide driving lands.
The use of the road is described as follows:
"Access to private property is permitted for large
developments but is discouraged for small individual
ownerships. The use of frontage roads or service
drives is the most desirable to service development
along these routes." Presumably this road is
designed to carry through traffic to and from the
main commercial district up to Lake Lucy Road.
C. The guide plan also calls for local roads (':.. streets
that should serve only as access to abutting resi-
dential properties.) to have a 60 foot right-of-way
and 36 foot paved surface area, although "..A
narrower paved surface is sufficient for this if
the street layout discourages through traffic and
if there is at least an off street parking space
for each abutting lot".
N
D. In addition to the Generalized Guide Plan, the
City is in the process of preparing a housing study
report which will survey the existing housing and
demography of the area and, based on needs and
trends, attempt to suggest patterns of housing
development appropriate to future City planning.
Although the report is not finished, the survey
portion has been completed. This portion of the
report indicates that the present City of Chan-
hassen has a demographic cross section roughly equal
to the seven county metropolitan area and is
reasonably diverse, but that housing facilities
for lower income groups are in demand. In addition,
the bulk of the lower income housing facilities
and low end of the demographic cross section is
found in two areas of the City, one of which is
the Carver Beach Study area.
2. Rationale for Proposed Pattern and Proposed Guideline
A. The proposal to extend the park system from
Lake Ann Park to the Carver Beach area and north
along the western shoreline of Lotus Lake is con-
sistent and compatible with the desire to maintain
the natural amenities of this part of the study
area. It should be noted, however, that the
generalized guide plan deals primarily with park/
open spaces on a broad scale micro -planning basis
and does not attempt to deal with the micro -
planning of parks and open spaces at the neighbor-
hood level. Thus, although the park/open space
guide plan suggests an extension of the micro
system to serve the area in general, there is no
indication of how the areas not immediately
adjacent to the extension might be served by the
system. That portion of the study area west of
Nez Pierce, for example, is somewhat remote from
the major system and would presumably have to com-
mute in some fashion to use the facilities of the
micro system. In addition, if part of the concept
of the park/open space system is to provide spatial
relief, a substantial portion of the study area
will not receive the direct benefit of the system.
It is suggested then, that a micro park/open space
system be developed which would be compatible with
the micro system. Its function would be:
1. To extend the benefits of the open space
concept farther into the study area to serve
a broader cross section of the residents.
2. To act as a physical linkage to the amenities
of the micro system (beaches, programmed
activity areas and the like) and a means of
coimuting to these a-cnitie� without conflicting
with private land sections.
.11
3. To assist in tying together each of the sub -
districts of the study area, physically and
socially to form one cohesive neighborhood.
B. The proposal to develop a minor collector which
would connect Lake Lucy Road with the central
business district, and would bisect the study area,
poses some serious difficulties both in function
and scale. As the road system is designed and
located, its physical and social impact upon the
study area would be deleterious. Substantial ease-
ments and land acquisitions of existing homes
would have to be made to obtain the necessary
width to meet the cross sectional requirement of
both the minor collector and its service roads, thus,
posing not only a significant expense to the City
but also requiring the relocation of many resi-
dents and the removal of substantial portions of
natural vegetation.
Historically,major road systems of the type sug-
gested have tended to create and reinforce
divisions in neighborhood districts or acted as
boundaries between different land uses. Since
the land uses on both sides of the collector are
not different and as one of the goals of the study
area is to unify the sub -districts rather than
separate them, a road of the size, type and scale
running through the study area does not seem com-
patible with its requirements.
Presumably the size of the road has been established
based on studies of projected traffic flows for
the area served and any suggestions to modify its
size or type would not be consistent with pro-
jected needs.
If, in concept, the collector is meant to permit
"access" for large development-- but if dis-
couraged for small individual ownerships, "a more.
logical location for its use would be along
the perimeter of neighborhood districts, rather
than through them. Rather than running through
the Carver Beach Neighborhood then, if in fact a
minor collector is required, its best location
would be to the southern edge of the study area
where it could service both the adjacent Sunrise
Hills neighborhood, the Carver Beach Neighborhood,
Greenwood Shores Neighborhood, and any future
neighborhood development east of Greenwood Shores
and north of the central business district area.
0l
The study, therefore, recommends relocating the
minor collector outside the study area to some-
where along its southern boundary.
C. The Guide Plan proposal for "local roads" may also
pose some problems for parts of the study area.
In the area immediately north of Carver Beach Road,
west of Nez Pierce, and east of Nez Pierce from
the northern edge of the study area to its southern
boundaries, earlier platting standards have
established road easements for the majority of
streets at not more than 40 feet. Subsequent
development has been based on these easement dim-
ensions and, coupled with narrow lot platting,
the majority of homes in the study area are situ-
ated in close proximity to the rights -of -way. As
a consequence, if a 60 foot easement and 36 foot
paved cross section were required in this part of
the study area, the City would be required to make
substantial land acquisitions from private land
owners and would, in all probability, force the
relocation or removal of several homes in the area.
In addition, because the majority of paved and
unpaved road cross sections in this part of the
study area are not greater than 20 feet, it would
be necessary to clear approximately 16 feet of
land of natural vegetation to obtain the recommended
cross section. Neither of these actions are com-
patible with the goals of the study area.
It is recommended then, that in this part of the
study area, road easements will generally be
40 feet, and that the paved cross section will not
exceed the minimum required to permit two driving
lanes. On -street parking should not be permitted
and public building requirements for private
development for this part of the area should require
that the developer provide at least two (2)'off
street parking spaces for each detached single
family home.
In that part of the study area south of Carver Beach
Road and west of Nez Pierce, because no development
exists, the cross sectional requirements for local
roads as indicated in the guide plan, could be
adhered to.
D. Although it is too early to draw any conclusions
from the City Housing Study report, it is signi-
ficant to note that the survey of existing housing
lends credence to the more subjectively described
image of the area - that the low income housing
needs for the City are being provided, as well as
10
in one other area, in the Carver Beach Community.
The significance of this factor should play an
important role in determining the guidelines for
housing development and location in the City as
a whole, as well as affecting any evaluation of
land use or re -use in the Carver Beach neighbor-
hood.
C. Circulation Systems for the Study Area
1. Existing Patterns and Rationale for Proposed Patterns
a. Existing Traffic Systems: The study area is
accessible from County Road 17 by way of two roads:
Carver Beach Road, and the western extension of
68th Street from Nez Pierce to County Road 17. The
latter road has been installed only on a temporary
basis to provide a second means of egress from the
study area on an interim basis. No public ease-
ment for this road exists. With the exception of
these two. roads, no road easements exist which
connect the street system of the study area with
adjacent residential districts. All road or
drive easements in the study area terminate within
the study area.
b. Existing Roadways: As a result of earlier platting,
the areas north of Carver Beach Road, west of
Nez Pierce, and east of Nez Pierce extending to the
northern and southern limits of the site have
closely spaced road -easements. Many of the existing
easements have never been used or have been used as
private driveways. Several large sections of land
to the south of the study area remain undeveloped,
and as a consequence existing road easements have
never been graded.
With the exception of a few roads north of Carver
Beach Road, all streets are unpaved and poorly
graded.
Because earlier platting was based on a rectilinear
grid, many of the road easements do not relate to
existing topography, and grade changes are an excess
of standard road grade elevation requirements making
travel on these sections difficult, particularly
in winter months.
c. Existing Pedestrian Circulation: Although many of
the activities in the study area rely on methods
of travel other than automobiles, as a means of
movements within the study district, circulation
systems other than roadways are non-existant or
vaguely defined. For the most part, neighborhood
use of the recreational aspects of the lakeshore
11
are primarily based on pedestrian movement.
Similarly, access to Carver Beach Park, although
located on the main vehicular access to the study
area, is primarily pedestrian in nature. Although
biking, snowmobiling and walking are popular re-
creational pastimes, such activities are limited
to the use of the existing roads or over private
land. Neighborhood socializing on an informal
basis is common within the study area and because
of the relatively small intimate nature of the
district, movement relative to these activities
are also generally at the pedestrian scale.
2. Rationale for Proposed Pattern and Proposed Guideline
a. Traffic Systems: The Carver Beach Study Area includes
approximately 225 acres of developable land. Pre-
suming a minimal density development of 2.5 dwelling
units per acre, the study area could support at least
560 dwelling units. Present automotive access and
egress along Carver Beach Road to County Road 17 is
not considered adequate in size or location to handle
traffic loads anticipated from such development pro-
jections. Two additional access roads to the study
area are proposed, their location and alignment
selected to optimize access to the study area for
localized neighborhood use only. Use of neighborhood
roads for through traffic should be discouraged by
careful design of the intersections of these roads with
major collector systems.
1. South access - extension of Nez Pierce Avenue south
to the realigned CBD collector system and the
extension of 70th Street west, from Kiowa to
Mandan and continuing west along the general lo-
cation of "Old Dogwood" road to Nez Pierce Avenue.
2. North Access - extension of Narcissus Road west to
the intersection of County Road 17 and Lake Lucy
Road, and east to Laredo Drive and Kiowa Avenue.
The connection of the two new access roads to the
existing street system will optimize the access-
ibility of the neighborhood without encouraging
excessive vehicular movement through the district.
Lengthy "dead end" streets are eliminated and a
traffic loop is established to service localized
vehicular needs.
b. Roadways: Many of the existing streets and street ease-
ments bear little or no relationship to actual ground
slopes, modern platting, or actual land development
needs in the neighborhood.
12
1. Under the new street plan, several roads which are
presently being used for vehicular access are not
scheduled to be paved or designated to remain open
to traffic. These roads will, on an interim basis,
be left as ungraded service drives to provide access
to the few homes requiring them. Future development
should be discouraged from relying on these roads
for access and present development encouraged to
orient away from these drives toward the designated
permanent roadways. It is the intent of this study
to eventually close these roads to vehicular use.,
other than as may be required for City maintenance
or safety vehicles.
2. Existing roads which have been designated to remain
open to traffic were selected on the basis of
grade, neighborhood circulation, and access to
individual properties. In general, street layouts
have been selected to conform as nearly as possible
to existing road easements and present developmental
and environmental conditions. All roads designated
for permanent vehicular use should be designed, and
or improved for safety, including paving and
curbing where required for proper drainage. It is
not, however, considered necessary to construct or
reconstruct roads to a cross section standard
employed in new areas of the City, except where,
for reasons of slope, safety and ease of vehicular
operations, certain street intersections or ele-
vations need improvement.
3. New road alignments not located on existing ease-
ments, have been indicated based upon relation-
ships to anticipated utility easement needs, future
re -subdivision for additional lot development and
area access and circulation. Such new street
alignments can be somewhat flexible until develop-
ment trends become more clear, although the
alignments will become more "fixed" as individual
development requests are made and approved based on
the use of the area development guide. Needed right-
of-way for future roads should be provided as
presently required and as development proceeds.
In most cases, such right-of-way should be dedicated
by the owner of land being developed or being used;
however, the City will in some instances be re-
quired to act as the administrative agent to
encourage such dedications.
It should be noted that under the new street plan no
street pattern has been suggested for the district west
of Nez Pierce Avenue and south of Carver Beach Road.
13
Because no subdivision exists for this parcel,it is
assumed that the developer will establish street
alignments as a part of his request for subdivision.
Streets in this area should, however, be laid out to
discourage through traffic and to avoid excessive use
of existing neighborhood streets for vehicular access.
Where new subdivision streets intersect with existing
street systems the intersections should be located to
align with existing in-ersections to minimize cross
traffic.
In addition, under the new street plan, access to north-
east Carver Beach is still somewhat unsatisfactory due
to topographic problems. As development proceeds,
however, it has been recommended that further alter-
natives be considered to extend access to this part of
the study area from the north where the topography and
grade changes are less severe. In the interim, however,
it is recommended that Violet, Tamarac and Iroquis
Avenues be regraded to minimize the slope gradient
in the best manner possible, fully realizing that the
final grades will still be difficult to travel.
C. Pedestrian Circulation: For the most part, existing road
rights -of -way not needed for permanent or interim
vehicular traffic should still be retained by the City
for several uses such as utility installation, maintenance
and safety and emergency vehicle access. Where such rights -
of -way are not required for these uses, it is recommended
that the land be retained by the City for use as public
pedestrian circulation systems and as a neighborhood
extension of the park/open space/greenway system proposed
for the City in the overall guide plan. These pedestrian
ways will serve several purposes.
1. Provide a separate and distinct system of circulation
for methods of movement which are not compatible or
are in conflict with vehicular circulation systems.
Activities such as bike riding, snowmobiling, walking,
skiing, etc. would be common to the pedestrian ways.
2. Extend access to the existing park and lake -related
recreational activities to more remote portions of the
study area without requiring an extensive system of
roads or paved areas for parking and without conflicting
with private land ownership and use.
3. Supplement existing recreational and park areas in the
neighborhood by acting as linear extensions of these
activity areas. Use of these pedestrian ways as
neighborhood play areas or for informal socializing
would be encouraged.
14
4. Provide space where the natural vegetation of the area
may be preserved and enhanced. In this manner, the
pedestrian ways would function as linear greenways
extending through the neighborhood acting as a vehicle
to reinforce the c,reen image of the study area.
5. Provide and encourage environmental and social con-
tinuity between each of the three districts of the
study area and assist in tying the districts together
as a neighborhood unit. Development of the pedestrian
way will act as a vehicle for social interaction - a
kind of neighborhood "commons" area. Identification
with the pedestrian way as a common environmental theme
extending through the'study area will assist in rein-
forcing the image of this part of the City as a
neighborhood per se, rather than a conglomerate of
small individual developments. Future development of
the district west of Nez Pierce would, for example, be
encouraged to view itself as part of the Carver Beach
community, enjoying the recreational and social benefits
of the existing park and lake related activities as
well as the proposed pedestrian ways.
The quality and success of the pedestrian way will depend
to u large extent upon further examination and study of the
ex,.c.t nature and requirements for such spaces. Professional
assistance should be secured to assist in proper planning
of this element. Included in the analysis would be:
1. A review and recommendation of the types of activities
permitted - what parts of the system are most
appropriate for specific uses and at what times of
the year, etc.
2. Determination of exact locations of the system and
what improvements would be required to accommodate
the activities programmed (paving for bicycles,
brush clearing, plant and tree species labeling
for nature trails, etc.).
3.
4.
Development of rules and regulations governing the
use and maintenance of the pedestrian way.
Establishment of methods to implement the actual
development of the system.
15
P
D. Land -Uses -for the Stud, Area
1. Existing Patterns and Rationale for Proposed Patterns
The City Zoning Ordinance shows the land within the study
area zoned for two major uses: Residential Agricultural
(R1A) and Single Family Residential (R1). In addition,
the City Guide Plan suggests a third use for portions of
the study area particularly along the eastern lakeshore
afea and south along the border of the study area;
Park/Open Space/Green Area.
In general, existing land uses within the study area are
reasonably compatible and consistent with these guides
with the following exceptions:
a. Although the majority of structures within the study
area are detached single family homes, the use of
these structures is not necessarily compatible with
the exact requirements of the ordinance.
1. Several homes, although constructed for single
family use are being rented and/or used as mul-
tiple family dwellings, with more than.one
family occupying the home.
2. A few structures have been specifically designed
and constructed as double bungalows.
3. Several single family lots have more than one
residential structure on the parcel with either
one or both being rented.
4. Many of the vacant lots and private garages are
being used for the storage of equipment and
materials used in the operations of small
businesses, several of which operate directly
from residences in the study area.
5. The majority of the residences and developed home
sites within the study area and particularly
east of Nez Pierce are below minimum zoning
standards: Lots are of less width and/or area
and setback than the zoning ordinance permits.
b. The present zoning ordinance reflects existing develop-
ment and land use, particularly east of Nez Pierce and
south of Carver Beach Road, rather than projecting
future land use. Although the undeveloped portion of
the study area east of Nez Pierce is zoned R1A farm/
agricultural, and is presently being used in that
way, it is not unreasonable to assume that as pressure
for further development in the City increases, zoning
for this parcel will change.
NEV
c. With the exception of that portion of "open space"
lands shown along the southern boundary of the study
area, the property set aside as Park/Open Space/Green
Area generally reflects existing land ownership and
usage. However, because the scope of the Generalized
Guide Plan is by intent "generalized" and only a guide,
the exact use of these lands is not clearly defined.
Consequently, although the guide plan appears to be
compatible with present land use and development in
the study are4, the following items require further
clarification or are taken exception to:
1. Although the amounts of land dedicated to Park/
Open Space/Green Area within the study area may
be appropriate for present development trends for
the City per se, such dedications may not be
appropriate to the requirements of the study area.
As an example, if present development trends for
single family housing on small lots in the area
continues, the overall density per acre of
residents will be higher than the City average and,
correspondingly, the ground coverage will be
higher, thus producing a higher than average
requirement for public park and open space.
2. With the exception of the open space proposed
along the southern boundary of the study area,
the Generalized Guide Plan limits the amount and
location of Park/Open Space/Green Area to por-
tions of land already held by the City and gener-
ally in use as parkland; the park located on
Carver Beach Road and Nez Pierce Avenue, and the
main beach, boat landing and the portion of the
western shore of Lotus Lake within the study area
being the only lands indicated for this use.
Based on more specific environmental analysis and
land use demands additional open spaces may be
required. If, for example, a portion of the study
area presently under private ownership was, for
reasons of soil type, ground slope, or drainage
found to be generally unsuitable for land develop-
ment, an alternate use of this land as park/open
space may be more appropriate. Alternately, if
development in any portion of the study area
generated a high use requirement for a specific age
group activity, land presently assigned to a
particular use may not be appropriate. The steep
slope of the lake shoreline, for example, may be
suitable for a beach or hiking path but is un-
workable as a baseball diamond.
17
3. Although public park/open space land has been
designated within the study area, the program
requirements describing the types of activities
proposed and the magnitude of the district to
be served by these activities is somewhat in-
definite. If, for example, the small park on
Carver Beach Road and Nez Pierce Avenue is pre-
sumed to serve an area other than the adjoining
existing neighborhood, then its size and activity
type will be significantly different than as it
now exists.
2. Proposed Guideline
The two primary land use types as recommended by the present
zoning ordinance and the Generalized Guide Plan are com-
patible with the recommendations of this study. Land use
within the study area should be limited to residential
public park/recreational/open space development.
A. Residential development: Although residential land use
is generally appropriate for the study area, it is
recommended that the exact nature and type of residen-
tial development will be somewhat different for each
of the three sub -districts within the study area. As
an example, the matter of future lot sizes is of some
concern with existing lot sizes varying greatly from
extremely small to quite large. It is suggested that
a single minimum lot size for the area is not practical
since some areas have already set a pattern not similar
to the more diversified nature of others. Similarly,
the character of the structure, its size and site dis-
position should also vary through the neighborhood.
Consequently for purposes of this part of the study,
the neighborhood will also be divided into three
sections with specific recommendations made for each
district.
1. North of Carver Beach Road and west of Laredo Drive:
Existing development has established a pattern of
detached single family homes on generally large lot
sizes, the most prevelant in the range of 20,000
square feet. It is recommended that future develop-
ment in this part of the study area continue the
present trend on an "in filling" basis, with lots
similar in size to the average and with detached
single family home structures. Development should
be encouraged, however, to adhere to the minimum
yard requirements established by the existing City
ordinance and to review the Carver Beach Study Guide
Plan for proper relationships to proposed permanent
street systems and pedestrian ways.
2. East of Laredo Drive and Nez Pierce Avenue:
Existing development and the limitations of the
natural topography, present land subdivision, and
earlier development of summer homes and small cabins
has precipitated an existing pattern of development
of generally smaller homes and home site and irreg-
ular lot configurations. The most prevelant lot
sizes are in the range of 12,000 square feet, on
100 by 120 foot parcels.
With the limitations of the present development
pattern and topographic features, and the guidelines
expressed in earlier sections of this study, it
would not seem practical or consistent with the
proposals of this study to require lots for detached
single family homes to be as large as is required
under present City ordinances.
In addition, while the use of multiple family
housing or single family homes of a type other than
detached individual structures might seem appro-
priate for economic or demographic reasons, the
relatively small lot subdivisions and irregular lot
sizes, provision of individual lot ownerships, and
the restrictions of present development would make
it difficult to generate land parcels of sufficient
size or character to be suitable for such uses.
Further, the introduction of such housing types
would generate a substantially higher overall land
use density than might exist if present development
patterns continue, and would probably necessitate
the removal of some homes in the area and the re-
location of some of the existing residents.
It is therefore, recommended that future development
in this part of the study area be generally res-
tricted to the use of single family detached homes
and that any proposals for multiple family housing
or single family homes of a type other than detached
structures be reviewed carefully for compatibility
with the general character of this part of the
study area and with the guidelines of this study.
However, because of the rather unique nature of the
general quality and character of this part of the
study area, the following guides for future develop-
ment have been established:
1
a. Certain lots are below minimum zoning require-
ments and of less width or area than the average
of existing development. In order to maintain
a desired density of development without creating
undue hardships for existing land owners and in
order to encourage development compatible with
the socio-economic guidelines of this study
either of the following could be used as a guide
to the issuance of building permits and re -
platting.
1. "Any lot which was held in a single ownership
of record as of May, 1973, and which does
not meet the requirements of the Zoning Code
as to area, width, or other open space, may
nevertheless be utilized for single-family
detached dwelling purposes provided the
measurements of such area, width, or open
space are all within 70% of that required."
It should be noted that the only criteria
established for the evaluation of the suita-
bility of a lot under this guide is the
actual size of the lot. As has been mentioned
earlier, several other criteria should be
considered, including lot configuration,
general topography relationship to existing
development, natural features of the lot,
economic impact upon the land owner, etc.
As such, although the use of this guide may
be more expedient for administrative purposes,
it may not meet the requirements of the
guides established by this study.
2. "Any combination of platted lots under a
single ownership or any portion of a platted
lot combined with another under single
ownership shall not be sold or developed for
a principal permitted use if such sale or
development does not meet the requirements of
this Code; said sale and/or development shall
not be permitted except under terms of a
variance to the zoning and platting codes."
While the general character of this guide
may appear more restrictive in nature than
the one previously, in that all sub -standard
lots would be required to submit a request
for variance, it does permit individual review
of each lot and evaluation on the basis of
the specific merits or short -comings of the
individual proposals rather than on any
20
generalized absolute. As such, and although
this guide may require more time adminis-
tratively, it is considered more compatible
with the requirements established by this
study. In order to assist the City in this
review of items within Whe study area, it
is recommended that an advisory board, com-
prised of residents of the study area and
members of the City administration and its
commissions function as a pre -review
committee under the direction of the board
of adjustments, their recommendations being
submitted to the board for consideration as
part of the evaluation criteria for specific
requests.
b. The quality of future development in this part
of the study area will depend to a large extent
upon actions taken by private property owners.
Since some land parcels are considered too small
for suitable development and many of the larger
parcels cannot be properly subdivided except by
cooperation and coordination with adjacent land
owners, the association should actively encourage
and participate in efforts to assist in the
consolidation of these parcels, where possi`ile,
into more workable land increments.
C. The City, with the cooperation of the residents
of this part of the study area, should assist the
neighborhood in improving the quality and
character of present development. In particular,
further steps should be taken by the City to
remove obsolete , deteriorated and/or abandoned
structures. Efforts should be made by the
residents to encourage better and higher property
maintenance standards. Such efforts will es-
tablish an environmental standard which eliminates
many of the factors which could discourage future
quality development in the area.
3. South of Carver Beach Road and West of Nez Pierce
Avenue:
This portion of the study area is generally undeveloped
and remains primarily as agricultural farmland.
Previous plattings for subdivision of this area are
no longer in effect. Except for the normal limita-
tions of City platting requirements, the natural
aspects of the site itself, and the patterns es-
tablished by adjoining development, this part of the
study area lacks any pre -determined pattern; of
development. As such, the usual guides for good
planning govern the future development of this area.
The following elements should be considered, however,
when development plans for this part of the study
area are prepared and reviewed.
21
a. Since adjoining portions of the study area and
neighborhoods to the west and south of the study
area are primarily composed of individually owned
private homes, development consistent with this
pattern should be encouraged.
b. If development of privately owned single family
home types other than detached structures is
proposed, careful consideration should be given
to the impact of any land use density,in excess
of the present density trend. Since the re-
commendations of this study are based primarily
upon projecting present development density as a
standard for future development,ancillary and
service use proposals for the study area may no
longer be appropriate in scale and function.
For example, higher land use density could over-
burden the rather limited scale and system of
automobile circulation and neighborhood recrea-
tion spaces proposed by this study.
C. Because the general concept of this study has
been to encourage the development of elements
which would tie each of the three sub -districts
together as a neighborhood unit, the general
physical character of any new development should
be in character with those of the adjoining
sub -districts and neighborhoods. Excessive
vehicular circulation through this part of the
study area, or through other parts of the study
area to service this district, should be dis-
couraged. Efforts should be made to encourage
the developer of this part of the study area
to provide pedestrian and recreational land uses
which would tie together and be compatible with
the overall system proposed for the study area.
d. Since one of the positive aspects of the present
development patterns has been that the study
area has provided housing for a diversity of
socio/economic/age groups, future development
of this part of the study area should reflect
this pattern. Physical planning and design of
this district should provide for a variety of
market housing types and ancillary service land
use appropriate to the market variety. Home
types, for example, for retired couples wishing
only minimal space as well as families requiring
3 bedrooms should be provided. Recreational
land uses should reflect a variety of activities
compatible with the diversity of market needs.
22
11
B. Recreational Development
Four primary public recreation types are proposed to serve
the study area although additional spaces and facilities
may be required contingent on future development type and
density: Lake related/shoreline, Pedestrian way/Trail,
Park/Playground, and Open Space/Preserve. Since each of
these recreational facilities is located within the study
area, it is limited in its access bility from areas outside
the study area, and is designed in scale and scope to meet
the needs of a smaller number of individuals than is
proposed for more major recreational facilities in and
around Lake Ann. It is recommended that these facilities be
established as "Neighborhood" recreational spaces, primarily
serving the needs of the residents of the immediate area.
As such, use of these facilities at the community level
would be discouraged.
1. Lake Related/Shoreline Facilities: At present, this
portion of the study area provides for both active and
passive recreational uses. Future use of this area
would primarily expand and refine the existing facilities.
a. Active Recreation:
1. Beach Area of West 69th Street: This area
should be maintained at its present size and
use but vehicular access should be limited
by minimizing the numbers of parking spaces
and restricting on street parking. Access
to this area should be primarily pedestrian
in nature.
2. Beach Area at Tamarac Road: This area should
also be maintained at its present size and use,
acting primarily as a secondary beach. Primary
beach area will continue to be at West 69th
Street. Access to this area should be pedes-
trian in scale and no vehicular access should
be permitted.
3. Boat Launching at 66th Street: At present,
this area is the only public access for
boat launching on Lotus Lake. As indicated
in previous portions of this study, however,
its location is in a part of the study area
which is least easily served by present and
proposed vehicular circulation systems.
Continued use of the existing boat launching
area could be permitted only if access to this
area could be substantially improved and
additional land is acquired, for parking and
tc.iporary storage of vehicles and trailers.
It is recommended, however, that the City
select a second location for boat launching
on Lotus Lake in an area more readily accessi-
ble to the general public and more compatible
23
ID
with adjacent land uses.
b. Passive Recreation
1. A substantial portion of the public shoreline
of Lotus Lake is undeveloped and remains in its
natural state - heavily wooded with dramatic
changes in ground topography. In addition
to the pedestrian way/trail system proposed
along and in lieu of Huron Avenue as a paved
road, it is recommended that a system of
pedestrian trails be established connecting the
t.;o beach areas and extending generally along
the lake shoreline, south to connect with the
major green way extending east from Lake Ann
Park. The use of this trail would be limited
to more passive activities - strolling, hiking,
and the like, and would attempt to retain
tl,.ese portions of the shorelinein their natural
state. Exact locations of these trails may
be established in conjunction with the need
for utility easements to connect to existing
sewer lines and lift stations.
2. Pedestrian Hay/Trail System - The rationale and
g-.sidelines for the proposed pedestrian circu-
I.--tion systa-.1 has been described in previous
p-rts of this study. As has been indicated,
t:.e pedestri a way will function as recreation
s m-.ce as V'1e1-1 as a circulation system.. Specific
d.signation of the types and locations of
r.. cr-oati on ; _.ci 1 i ti cs will depend upon the
E act confi i:ration and 1„cation of the pedes-
tri-i way a i.1 further study of these items
will be re., .i red. In genoral , however, since
t; a averac;.= i i ng road easements are 40 feet
v:!i�je, it is not unreasonable to assume that
o:,ly a portion of the easemrant will be required
f r the pc._= striae u!alkway, leaving the majority
o. the ea.s,: ,•ant for other uses. Mini -playgrounds
a.,i tot lots, park seating and small game
a --s for e-lar,mple, could be accommodated in
t remainiag section of the easement. Alter-
n 1-.21y, the unused portion of the easement
c ;il d in sip..;e are -as b,a replanted and returned
t, a more nrxtural state; the pedestrian ways
t-n-n functioning as nature trails.
In summary, alth:ugh the prime function of the
is that of providing pedestrian
cir:.m.i.iiion, the circulation path itself, as
1 11 as t ma rep :pining portions of the easement,
c n also flu -action ;s recreation spaces.
ecific d:-asignation of uses will be left to
further study and review. Residents of the area
24
1.
should be encouraged to provide further assis-
tance with regard to the types of activities
desired in these areas.
3. Park/Playground - At present, there is only
one major park located north of Carver Beach
Road between Club Court and Nez Pierce Avenue
and primarily used as active recreation for
children. Two additional active recreation
facilities are proposed: At the westerly
extension of the pedestrian way immediately
south and paralleling Carver Beach Road; At
the westerly extension of the pedestrian way
iiarns'adiately south and paralleling West 69th
Street.
a. Existing Carver Beach Park: Continue the
existing development of this space as an
active recreation area. Further considera-
tion should be given to some form of
programmed activity, primarily oriented to
school and pre-school children, and the type
of physical facilities required for the
programs. Although the park appears ade-
quate in size, and types of equipment
available are reasonable, there appears to
be no specific plan for the arrangement of
these items or their use.
b. South of Carver Beach Road: Since this
portion of the study area is primarily un-
developed, the recreational needs of any
future development in this part of the
study area may create a greater demand
for active recreation spaces. Two
additional areas are proposed to meet this
requirement and are tied into the overall
Pedestrian Way/Park/Recreation system.
Developers of,this part of the study area
should be encouraged to consider inclusion
of these spaces in their overall plans.
1. Immediately south of Carver Beach Road:
Although the exact types of activities
to be included in this part of the park
system are contingent on the market
requirements cf the type of housing
proposed (faiiily, retired, single, and
the like),th,t Firt of the study area
immediately sc;uth of Carver Beach Road
and west of ltiez Pierce appears ideally
suited for recreational use for two
reasons.
25
a. That portion of the study area is
quite low, and at present, functions
as a ponding area for surface water
run-off during spring melting and
heavy summer rains. As a conse-
quence, this part of the site may
not be desirable for developed use.
b. Since the existing Carver Beach
Park is immediately adjacent to
the proposed new park, the combined
areas will permit the development
of an active recreation area which
could serve both new and existing
development without duplication
of facilities.
2. Immediately south of West 69th Street.
Contingent upon the density and type of
housing proposed in this part of the
study area, additional active recrea-
tional space may be needed. It is
suggested that, if required, a second
recreational space be located as a
termination to that part of the pedes-
trian way and to serve the southern
portion of any future development.
4. Open Space/Preserve: Immediately south of
West 69th Street, between Kiowa Avenue and
Nez Pierce Avenue, the existing grade elevations
are substantially lower than adjoining property
elevations. As a consequence, this part of
the study area functions as a surface water
ponding area, draining east and emptying into
Lotus Lake south of the study area. As such,
and coupled with the fact that the soil in
this part of the study area is composed
primarily of clay and peat, it will be difficult
to utilize this area effectively for building
sites.
For this reason and because it is unlikely that
a sub -surface storm drainage system will be
employed for surface drainage, it is the
recommendation of the study that private land
developers in cooperation with the City be
encouraged to retain this part of the study
area as a natural ponding and green space
and preserve.
W.
IV. SUMMARY
What is indicated on the plan and in the report is intended as
a guideline to be followed with changes in the plan possible
when it is demonstrated that plan revisions are equal to or
better than that currently indicated. At all times, however,
a comprehensive view should be taken at the effect on the total
area environment.
The quality of the future environment may depend to a large
extent upon actions taken by private property owners. A
strong home owner's or neighborhood association can be most
useful in this situation. Among others, matters ol4oconcern
could be :
* Observe and comment upon status of Area Plan as development
occurs.
* Assisting in proper maintenance of the area (encourage high
property maintenance standards, guard against improper land
filling and grading, assist in evaluation of public area
use and maintenance, recommend Plan revisions as deemed
desirable, and generally serve to protect and improve the
living environment).
Building permits should be issued only on the basis of the
Carver Beach Guide Plan (as may be revised from time -to -
time). When requests for building or other permits are made
which are not in conformity to the Guide Plan, such permits
should be issued only with City Council approval following
due consideration by the Planning Commission and area
residents and land owners. If amendments are then made to
the Plan, these should be duly noted on the official copy
in order that the Plan be current and up-to-date at all
times as a useful document.
Professional assistance should be secured to assist in
preserving the general ecology of the area (new plantings,
care and treatment of large trees, landscape design, etc.).
Continual. review should be given to actual usage of the
lakeshore and other recreational land uses, (docks, boat
storage, vegetation, views, etc.) in order to preserve the
shoreline in the best possible condition.
27
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
Don Ashworth
and says that he is and was on Jul-,,: 8
, being first duly sworn, on oath deposes
, 19 81 _, the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said
date he caused to be mailed a copy of the attached notice of hearing on a subdivision
request for 23 single family residential building sites in the
City to the persons named on attached Exhibit "A", 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.
cz,
Subscribed and sworn to before me
this day of 19
Notary Public
e
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
FOR SUBDIVISION PLAN FOR CARVER BEACH PROPERTIES, INC.
CHANHASSEN, MINNESOTA
NOTICE IS HEREBY GIVEN that the Planning Commission of the
City of Chanhassen, Minnesota will meet at 9:30 p.m. on Wed-
nesday the 22nd day of July, 1981 at the City Hall, 690 Coulter
Drive for the purpose of holding a public hearing to consider
a subdivision request for 23 single family residential building
sites on the following described tract of land:
SEE ATTACHED
4
A plan showing said proposed subdivision is available for
inspection at City Hall. All persons interested may appear
and be heard at said time and place.
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel, City Planner
(Published in the Carver County Herald, July 8, 1981)
ft
..,,:. Lot 80, except the West 5 et; and Lots Nos. 81 to 95, inc usive; and Lot 102,
Except the West 5 feet thereof; and Lots Nos. 103 to 194 inclusive; and Lots Nos.
200 to 204, inclusive; Lots 233 to 240 inclusive and Lots 254 to 270 inculsive,
"Map of Carver Beach", at Long Lake, according to the plat thereof on file and of
record in the office of the Registrar of.Titles in and for Carver County, Minnesota.
,All that part of Maple Road lying East of the East line of the Excelsior road,
'now known as County State Aid Highway #17, and.West of the West line of Summit
?}N= •:Drive "Map of Carver Beach", at Long- Lake, according to the Plat thereof on file
and of record in the office of the Registrar of Titles, in and for Carver County,
Minnesota; being more specifically described as: Beignning at the Southwest
corner of Lot 73 "Map of Carver Beach" at Long Lake, and thence running East
along the North Line of Maple Road, a distance of 590.80 feet to the Southeast
corner of Lot 127; thence turning and running Southwesterly a distance of 40 feet
to the Northeast corner of Lot 261• thence turning and running West along the
' g g g
{South line of Maple Raod, a distance of 586.58 feet to the Northwest corner of
Lot 210; thence turning and running North a distance of 40 feet to the place of
beginning, .:._. $� g, all according to the "Map of Carver Beach", at Long Lake, on file and
of record in the office of the Registrar of Titles, in and for Carver County,
? Minnesota.
`EXCEPT: The South half of Maple Road, adjacent to and North of Lots 226 through
_. '232, inclusive, being more particularly described as that part of vacated Maple
Yr Road as follows: Commencing at the Northeast corner of Lot 232 and running
thence North along the East Boundary of Lot 232 extended, a distance of 20 feet
to the center of said Maple Road; thence turning and running West along the
_z center line of said road; a distance of 140 feet to a point, where the West
boundary of lot 226, if extended North, would intersect centerline of said road;
thence turning and running South a distance of 20 feet to the Northwest corner
of Lot 226; thence turning and running East along the North boundary of Lots 226
through 232, inclusive, a distance of 140 feet to the point of beginning, Map of
Carver Beach, at Long Lake, according to the map or plat thereof on file and of
record in the office of the Registrar of Titles, said County and State.
ALSO EXCEPTING: Beginning at the Northeast corner of Lot #225, thence running North
on an extension of the East line of said Lot 225, a distance of 20 feet to a
point in the center line of said vacated Maple Raod; thence turning and running
East along the center line of said vacated Maple Raod; a distance of 5 feet to a
point; thence turning a right angle and running North a distance of 20 feet to a
point on the South line of Lot 102; thence turning and and running West along
the North line of said vacated Mpale Road, a distance of 185.87 feet, more or
less, to the East line of the Excelsior -(Carver County Road #17); thence turning
and running South along the East line of said Excelsior road, a distance of 40
feet to the North line of Lot 210; thence turning and running East along the
South Boundary line of said vacated Maple road, a diatance of 181.96 feet, more
or less to the point of beginning.
EXHIS' A
Yi•6!M �i��^^^^^^��•v"•- � µ^"ar ay. wsr.py. �,>- - �
Wallace R.
Christensen
Kermit and Adeline Austad
1OCi Western Drive
980 Carver Beach Road
Chanhassen,
MN 55317
Chanhassen, MN 55317
J
Ernest and
Lois Herrmann
Matthias E. & J. Jacobs
991 Western
Drive
921 Western Drive
Chanhassen
MN 55317
Ij Chanhassen, MN 55317
,
,1
John & M. Myskevitz
Joyce Estelle Bennett
900 Hiawatha Drive
P.O. Box 147
Chanhassen,
MN 55317
j(1 Excelsior, MN 55331 '
i
Robert & Debra Wagner
I I
I? County of Carver
1020 Carver
Beach Road
Ij Chaska, MN 55318
Chanhassen,
MN 55317
! '
i I
I ;
Reed P. and
Mary Noble
i
I
1000 Carver
Beach Road
1
Chanhassen,
MN 55317
i
Sheldon J. Carlson and
Ann D.
961 Western Drive i
Chanhassen, MN 55317
i
i
I
James A. Way i
7126 Utica Lane
Chanhassen, MN 55317
i
{
i
Thomas, Jr. and H. Redwing:
990 Carver Beach Road i
-hanhassen, MN 55317 I'
i
j
i
Lewis A. Woitalla
6740 Powers Blvd. it
Chanhassen, MN 55317
Helen Jacques
Rt. #4 Box 928
Excelsior, MN 55331
t
John Clark
Rt. # 4 Box 925
Excelsior, MN 55331
Arthur R. Owens Chin Van & N. Nguyen
653D Peaceful Lane 900 Western Drive
Chanhassen, MN 55317 Chanhassen, MN 55317
i
i
Joe L. Troendle
1015 Pleasant Valley Road
Chanhassen, MN 55317
Walter & Cheryl Hobbs
6671 Powers Blvd.
Chanhassen, MN 55317
Margaret Mary Coudron
6671 Powers Blvd.
Chanhassen, MN 55317
Kim D. & N. Rothfus-s
6680 Nex Pierce Dr.
Chanhassen, MN 55317
Walter C. & J.A. Hays
6691 Powers Blvd.
Chanhassen, MN 55317
Layton B. & M.L. Paine
1092 West 67th St.
Excelsior, MN 55331
Gerald E. & A. Boucher
1020 Western Drive
Chanhassen, MN 55317
Leonard & M. Dusoski
1000 Western Drive
Chanhassen, MN 55317
Gerald & Sharon Lund
990 Western Drive
Chanhassen, MN 55317
LeRoy and Alice Berg
960 Western Drive
Chanhassen, MN 55317
4;
Gregory & B. Peppersack
940 Western Drive li
Chanhassen, MN 55317 I
!� Steven and Gloria Ray
920 Western Drive
Chanhassen, MN 55317
I
,I
it John F. & B.M. Johnson
6694 Nex Pierce Dr.
Chanhassen , MN 55317 j
i
i
Todd J. Owens
6661 Nez Pierce Dr.
Chanhassen, MN 55317
jl Vernon Beckman
6670 Hopi Road
�i Chanhassen, MN 55317
I
,I
E. & V. Keefer
6681 Nez Pierce Drive
Chanhassen, MN 55317
I i
i
Paul & Eliz Nelson
6689 Laredo
Chanhassen,MN 55317
Nadean Collver
6686 Hopi Road
Chanhassen, MN 55317
0
Willard & N. Shoberg
980 Western Drive
Chanhassen, MN 55317
R.J. & Betty Angelucci
3317 Arthur St. NE
Minneapolis, MN 55418
Planning Commissi _.� Minutes
October 28, 1981
Page 3
3. Tract C be divided into two pieces, one parcel shall be
4 acres in size and the other parcel the remainder of
Tract C.
All voted in favor and the motion was carried.
Review Preliminary Plat Revisions', Quady Property:
Present: Donald Hess
Daryl Fortier
Partridge asked if staff was recommending that the hybrid plan
be rejected? Waibel,stated that they were asking that this
item be denied and that the Planning Commission should stick
to their first motion made at theirmeeting before this went to
the City.Council.
Mr. Hess, representative for the Quady Property, gave a review
of the property and the changes that he was proposing. Hess
has met with the neighbors and would like to change because
the neighbors might be developing in the future.
Hess explained that Trondel, who lives to the north, is afraid
that if this property is developed without a street to the north,
'he will be landlocked. Mr. Trondel owns 2-5 acre parcels. Hess
suggested having a"purchase agreement with Trondel for a utility
easement to provide access to his property from the south. Hess
proposed using Lot 7 for this easement; to keep it for 3 years
without building on it to see if Trondel needs an access from
the south.
Waibel stated that Bill Monk, the City Engineer, is. concerned
about the ponding area. Lot is not shown on a platted road on
sketch presented. It was also brought up if there is enough
room on this lot to have a home and ponding area. Hess explained
that they would fix.the flow rate off from the property so that
it wouldn't be any greater than it is now. Hess also explained
that they are planning to build a dike on the west and south
side to help to hold in the water.
Hess stated that they will be adding a section of Lot 11 to Lot 12
so that both lots have an access onto a public street.
Daryl Fortier, presented sketches to the Planning Commission
showing how the property in the area could be developed in the
future and how the roads could be aliened. There could be an
agreeable access connecting Derrick Land to Carver Beach property.
Partridge stated that the section of Hobbs property shown on the
sketch as being included in part of the road, needs to be discussed
with Hobbs and Hess.
Planning Commission Minutes
October 28, 1981
Page 4
Hess explained that he wants to guarantee Trondle access, but
it would be best for Trondle to get his access from the east
or the west. Watson indicated that even if there were no road
from the Quady property, Trondel would still be able to go through
his north property.
Waibel expressed his concerns for Lots 11 and 12. Is there
adequate space for a home on that lot? What if the owner wants
to expand. He,-�s'.stated that the ponding areas can be defined as
drainage easements and the owners cannot.touch it.
Watson stated that if the road is added to the north, then Hess
will make the lots smaller. The lots are shown on the sketch
as 13,000 square foot lots. She can not agree to that small of
lots, 15,000 would be the minimum lot size she would agree with.
Watson also stated that she does not feel comfortable with Lots
11 and 12 the way that they are. She is not sure that they are
buildable, maybe Lots 11 and 12 should be left as open space.
W. Thompson stated that the east access is an engineering problem,
there is a gully there and there will have to be a lot of fill
brought in. What about the drainage going down the road from
all the proposed filling? The engineer has not addressed this
problem yet.
Hess explained that they are planning to fill some of the area
for the road, but will also be lowering the road in other areas
to keep a 7% grade. Staff is also suggesting a 900 angle at
the east inteTsection. Hess stated that he will be leaving a
section out of Lot_ 11 on the east side to make the intersection
a 900 angle.
Hess stated that Lots 11 and 12 to the south is just a concept.
The engineering has not been done yet, but it is physically poss-
ible. Hess indicated that he cannot live without these two lots.
The Planning Commission reviewed the City Council comments.
1. That any access to the North have a 900 intersection with
thru east/west traffic movement.
The Planning Commission stated that they didn't care where the
road went to the north, that is. up to the developer. It needs
to be shown on the sketch.
2. Urge the Planning Commission "to proceed with Bill Monk's
suggestion #4 on lots 11 and 12 and make a recommendation
back to us."
The Planning Commission stated that they would like a better
report from the City Engineer.
Planning Commission Minutes
October 28, 1981
Page 5
3. The plan should not have more than one access to the North
from the east/west road in the proposed development.
The Planning Commission would like to see a sketch plan of the
road they are proposing to the north. They do not like the idea
of smaller lots just because Hess is adding a road to the north.
4. That the possibility be explored to remove the Hobbs' and
Coudrons' accesses form Powers Boulevard.
The Planning Commission felt that it would be an improvement for
the Hobb's to connect onto the street being proposed.
Partridge asked for a concensus of the Planning Commission if
anyone agreed with having lots below 15,000 square feet?
All of the members stated no.
M. Thompson stated that the Planning Commission stated before
that they would not like a road to the north. Now Mr. Owens
wants the road to go to the north so that later it will be easier
for him to develop his property. Mr. Owens has.never been to
any of. the Planning Commission meetings to express his feelings
to them. M. Thompson suggested that the Planning Commission
stay with their first idea and have no road to the north.
The Planning Commission- should not be concerned with the Owens
property until he brings in a development plan.
Partridge stated that the Planning Commission approved a Preliminary
Plat in July 1981. The"Trondels and Owens should have come in
at that time if they had something to say about it. The Planning
Commission does not have the responsibility to imply development
beyond this application for development. M. Thompson stated that
Hess isn't responsible to plan the areas around him either.
Conrad stated that he doesn't want to force development, but
maybe the Planning Commission should be flexible and consider
this.
W. Thompson indicated that he is willing to change on access to
the north, but doesn't like to see 13,000 square foot lots. The
developer should recommend where he is going to place the road
to the north.
Noziska indicated that the access to the north makes good sense,
but if they have to give up lot size, which way do they go?
Noziska would like to see larger lots. Noziska stated that he
would like to know what to do about Lots 11 and 12, should have
the City Engineer give up a report.
Partridge indicated that the Planning Commission concensus is
that they do not want lots less than 15,000 square feet in this
area.
J +
H �
Planning Commission, Minutes
October 28, 1981
Page 6
A motion was made by Conrad and seconded by Noziska that after
reviewing the hybrid plan, the Planning Commission would like
to reaffirm their stand based upon the July 6, 1981 minutes with
the option that one (1) northerly access be allowed with location
and design to be determined by the staff. The Planning Commission
further emphasises that they reserve the decision on Lots 11 and
12 until more engineering information is available. Also, no lot
under 15,000 square feet shall be allowed in this development and
a section of the northeast Lot 11 to allow for a 900 angle at the
intersection. W. Thompson, Watson, Partridge, Conrad and Noziska
voted in favor, M. Thompson - nay. Motion was carried.
Discussion of Amendments to the Chanhassen Zoninq Ordinance:
The Commission continued their review of the proposed Commercial
and Industrial Zoning Ordinance amendments. This review will
continue at their next regular meetings. (November 18, 1981).
Partridge moved, seconded by Watson, to establish a Planning
Commission policy concerning scheduling of development applications
following Planning Commission action on City Council agendas:
"Planning Staff shall not schedule development applications
on City Council agendas if the proposed development plan has
been modified by the applicant following Planning Commission
action on the application; except that staff may use its
discretion..." No action was taken on the motion.
Minutes:
Watson asked that a statement be included in the October 14, 1981
minutes as follows: No action should be taken on any new building
on the Hanus facility due to a lack of prior complaince.
W. Thompson made a motion, seconded by Watson to approve the
minutes as amended and note the C.C. minutes of September 28 and
October 5, 1981. All voted in favor and the motion was carried.
M. Thompson made a motion, second by Watson to adjourn the meeting
at 12:15 a.m. All voted in favor and the motion carried.
CITY DF
CHANHASSEN
690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
December 5, 1983
Mr. Kim Rothfuss
6680 Nez Perce Drive
Chanhassen, MN 55317
Dear Mr. Rothfuss:
As we discussed at our previous meeting, I am enclosing the original
copy of the easement intended to acquire an additional five
feet of right-of-way across the front of your property. I am
sending the document to you at this time so that you may verify
its contents and form prior to being approached by the owner/
developer of Carver Beach Estates concerning any exchange of prop-
erties. Again, you should not execute this easement until you
are totally satisfied with the situation, and no exchange can
take place until the plat is filed at the County Courthouse
(which to date has not taken place).
Also, I have looked at modifying the proposed curve data adjacent
to your property. Revisions in this area will be extremely dif-
ficult without causing new problems, however, I will meet with
the design engineer if and when this project proceeds to review
all alternatives in achieving an increase in the distance from
the road to your.residence.
Should you have further questions or just wish to check on the
development's status, please.let me know.
Sincerely,
William Monk
City Engineer
WM:k
Enclosure
EASEMENT
THIS INSTRUMENT, Made this day of October 19 83
by and between Kim D. and Nicolette R. Rothf uss
of the County of Carver , State of Minnesota, parties of
the first part, and the CITY OF CHANHASSEN, a Minnesota municipal
corporation, party of the second part;
WITNESSETH, That the said parties of the first part, in con-
sideration of One Dollar and other good and valuable con-
sideration to them in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, do
hereby Grant, Bargain, Sell, Convey and Warrant to said party of
the second part, its successors and assigns, the perpetual right
and easement for public right-of-way and utility purposes
over, under and across the premises described in Exhibit "A"
attached hereto and made a part hereof, together with whatever
temporary easments are herein described, and together with a per-
petual easement for ingress and egress.
IN TESTIMONY WHEREOF, the said parties of the first part have
set their hands the day and year first above written.
In presence of:
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this day of , 19 , before me, a
notary public within and for said County, personally appeared
to me known to be the person_ described in and who executed the
foregoing instrument and acknowledged that _he_ executed the
same as free act and deed.
Notary Public
EXEMPT FROM STATE DEED TAX
September 28, 1983
DESCRIPTION
An easement for public right-of-way and utility purposes across
that portion of the following described property:
Lots 195, 196, 197, 198, 199, 205, 206, 207, 208 and 209,
CARVER BEACH
which lies easterly of the following described line "A":
Beginning at a point in the south line of said Lot 209
distant 5 feet southwesterly of, measured at a right angle to
and parallel with the northeasterly lines of said Lots 205,
206, 207, 208 and 209; thence northwesterly, parallel with
the northeasterly lines of said Lots 205, 206, 207, 208 and
209, a distance of 90.08 feet; thence northwesterly along a
tangential curve to the left, having a radius of 100 feet to
the north line of said Lot 205 and there terminating
together with a temporary construction easement across the above
described lots lying westerly of above described line "A" and
lying easterly of a line 10 feet westerly of, measured at a right
angle to and parallel with said line "A".
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
October 19, 1983
Mr. & Mrs. Kim Rothfuss
6680 Nez Perce Drive
Chanhassen, MN 55317
Dear Mr. & Mrs. Rothfuss:
In recent months you have been contacted by Don Hess of Land Plan
representing Carver Beach Properties in its efforts to develop
property to the west of your lot. There have been some
discussions concerning the exchange of land which I have reviewed
with your attorney. At this point I am interested in reviewing
the status of these discussions with you to confirm the accuracy
of my information concerning the exchange of an outlot for road
right-of-way. Since your phone number is unlisted, I would ask
that you contact me at your convenience to briefly discuss this
matter.
Sincerely,`
William Monk
City Engineer
WM:k
41k;j)w 'm
Minnesota Pollution Control Agency
NUCF
OCT 12 1993
The Honorable Tom Hamilton
Mayor, City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55317
Dear Mayor Hamilton:
Enclosed is a copy of Permit Number 13023 for construction and operation of
a sanitary sewer extension in Chanhassen, Minnesota.
Please review the Permit, any Special Conditions, the General Conditions
(No. 1-19) and information relative to plans and permit applications
carefully. Please let us know if you have any questions concerning them.
If you have any questions, you may contact Mr. Don Perwien of my staff at
the address below or call (612) 296-7257.
Sincerely,
.urtis J. S ar s, P.E.
Chief, Permit Section
Division of Water Quality
CJS/DKP:cmc
Enclosures
cc: City Council, c/o Donald Ashworth, City Manager
Gordon R. Coffin Company, Inc.
Metropolitan Waste Control Commission
Metropolitan Council
RECEIVED
0 C T 13 1983
GITy OF CHANHASSEN
Phone:
1935 West County Road B2, Roseville, Minnesota 551 13-2785
Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester
Equal Opportunity Employer
41k;J4W8
Minnesota Pollution Control Agency
INY
PERMIT FOR CONSTRUCTION AND OPERATION OF
A DISPOSAL SYSTEM
Chanhassen
Hennepin County
Pursuant to Authorization by the Minnesota Pollution Control Agency, and in
accordance with the provisions of Minnesota Statutes, Chapters 115 and 116,
plans are approved and a permit is hereby granted to the City of Chanhassen
for construction and operation of a sanitary sewer extension in Chanhassen,
Minnesota.
The facilities consist of 1,171 linear feet of 8-inch sanitary sewer pipe.
The facilities are further described in plans and specifications designated
"Carver Beach Estates" received September 8, 1983 prepared by Gordon R.
Coffin Company, Inc. for the City of Chanhassen.
It is the permittee's responsibility to assure compliance with any special
conditions and the general conditions that are required by this permit.
This includes taking all necessary measures needed to comply including, but
not limited to, the notification of contractors or others who may be
carrying out this work.
PERMIT NUMBER: 13023
DATED. OCT 12 1983
urtis J. Sta s, F.E.
Chief, Permits Section
Division of Water Quality
Phone:
1935 West County Road B2, Roseville, Minnesota 551 13-2785
Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester
Equal Opportunity Employer
September 7, 1983
Page 2
6. Copy of a Minnesota Department of Natural Resources
permit to work in public waters issued to the Department of Natural
Resources for public access and improvements for Starring Lake.
1,
7. Copy of correspondence sent to the acting executive
secretary of the Minnesota Water Resources Board by the Major of
the City of Minnetonka, commenting upon the size of watershed
district boards of managers affecting that particular community.
8. August 4, 1983 letter from Harry Pool commenting upon
the availability of technical service from Hennepin County Soil
and Water Conservation District to interested persons and
communities. Chairman Sault noted that this subject will be
discussed later in the meeting and appropriate response made to
Mr. Pool.
Grading and Land Alteration Permit Applications and Extensions
The following grading and land alteration permit applications
and requests for extensions of permits previously issued and out-
standing, were submitted to the District for review and approval:
A. Filing by Cal Anderson adjacent to Lake Idlewild,
grading and land alteration permit, Eden Prairie.
B. Lake Idlewild Office Center permit extension request,
Eden Prairie.
C. Maple Leaf Acres loth Addition, permit extension
request, Eden Prairie.
D. Baypoint Manor. Apartments, grading and land alteration
permit - The Preserve - Eden Prairie.
E. Carver Beach Estates Development, grading and land
alLe:.-ation permit, County Road 17 and Nez Perce Drive,
Chanhassen.
F. Office Building Construction, 7575 Corporate Way,
grading and land alteration permit, Eden Prairie.
G. Valley Pond Condominiums, grading and land alteration
permit, Valley View Road and CMStP&P Railroad, Eden Prairie.
H. Edenvale 9th Addition, grading and land alteration
permit, Valley View Road and Mitchell Road, Eden Prairie.
E
r .
� September 7, 1983
Page 3
I. Near Mountain 2nd Addition, grading and land alteration
permit, Pleasant View Road and TH 101, Chanhassen.
J. Burger King, SE quadrant, County Road 4 and TH 5,
grading and land alteration permit, Eden Prairie.
K. Menard's 4th Addition, grading and land alteration
permit, Eden Prairie.
L. Quality Homes, Inc., Prairie Court Drive and Anderson
Lakes Parkway, grading and land alteration permit, Eden
Prairie.
Each individual permit application and permit extension request was
presented to the managers by Robert Obermeyer, the District
engineer. Mr. Obermeyer stated that he had reviewed each pending
permit application and permit extension request, finding each one
to be in general conformance with the policies and criteria of the
watershed district. The managers noted the following appearances
regarding certain of these pending matters: Mr. and Mrs. Cal
Anderson for development of property adjacent to Lake Idlewild;
Mr. Tom Heiberg for the Lake Idlewild Office Center development;
Mr. Donald Hess regarding the Carver Beach Estates development;
Mr. Thomas Robertson pertaining to the Valley Pond Condominiums in
Eden Prairie; Mr. Bill Englehardt with regard to the Near Mountain
Second Addition in Chanhassen; Mr. Dennis Trisler for the Burger
King site in Eden Prairie; and Mr. Dan Johnson pertaining to the
Menards Fourth Addition development in Eden Prairie. Following
review of each pending permit application and permit extension
request, upon motion duly made, seconded and adopted, each grading
and land alteration permit and permit extension request was
approved by the managers subject to the terms and conditions set
forth in the permits and accompanying correspondence from the
watershed district issued to each permitee. With regard to
certain actions taken by the managers, the following comments were
noted during the discussions and voting upon separate permit
applications:
A. Mr. Rahr voted for the issuance of a grading and land
alteration permit application for Mr. Cal Anderson with reserva-
tions about the lack of safeguards to be required in the extension
of the sanitary sewer system, which Mr. Rahr expressed were needed
to reduce sedimentation possibly reaching public waters as a
result of the proximity of this system to Highways 169 and 5 in
the City of Eden Prairie.
METROPOLITAn
W AlTE
conTROL
COITtfniff ion
Twin Cities Rrea
350 METRO/OUARE BLDG.
7TH & ROBERT/TREETI
lAnT PAUL mn 55101
612 222.8423
September 9, 1983
Mr. William Monk, Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen, MLA 55317
RE: Excavation, Roadway and Utility Lmprovements
Carver Beach Estates
f
The Metropolitan Waste Control Commission has reviewed your
application for a sanitary sewer extension for Carver Beach
Estates. This project is in accord with your Comprehensive
Sewer Plan (CSP) and consistent with the Metropolitan Urban
Service Area.
We will file this project as part of your Comprehensive
Sewer Plan and inform the Minnesota Pollution Control Agency
that we have no objection to the installation of these
facilities.
Sincerely,
R. A. Odde
Carmunity Services Manager
oc: Metropolitan Council
Don Perwien, Minnesota Pollution Control Agency
11
1�
RECEIVED
$EP 1 21983
CITY OF CHANHASSEN
4, n
recycled
Riley- Purgatory Creek Watershed District
8950 COUNTY ROAD 94
EDEN PRA RIE, MINNESOTA 55343
September 7, 1983
Mr. Mark S. Gronberg
Gordon R. Coffin Company
3025 Watertown Road
Long Lake, Minnesota 55356
Re: Carver Beach Estates Development: Chanhassen
Dear Mr. Gronberg:
The Board of Managers of the Riley -Purgatory Creek Watershed District has
reviewed the plans and grading and land alteration permit application as submitted to
the District for the Carver Beach Estates in Chanhassen.
The Managers approve the grading and land alteration permit subject to the
following conditions:
1. All erosion control measures shown on the plans must be installed prior to
commencement of grading operations and be maintained until all areas
altered because of construction have been restored.
A rock filter dike must be constructed at the intersection of Powers
Boulevard and Nez Perce Drive. This dike should be a minimum of 2 feet
in height, have maximum side slopes of 4:1 and be constructed per-
pendicular to flow directed along Nez Perce Drive. This dike will minimize
the potential of material from leaving the areas altered because of
construction.
2. All areas altered because of construction must be restored with seed and
disced mulch, sod, wood fiber blanket, or be hard surfaced within 2 weeks
after completion of grading operations or no later than November 15, 1983.
Areas altered with a slope of 3:1 or greater must be restored with sod or
wood fiber blanket within 1 week after completion of grading operations or
no later than October 15, 1983.
3. A detailed storm sewer plan must be submitted to the District for review
and approval.
4. The District must be notified a minimum of 48 hours prior to commence-
ment of grading operations.
Mr. Mark S. Gronberg
Page 2
September 7. 1983
If you have any questions regarding the District's comments, please call us at
920-0655.
Sincerely,
el
r
Hobert C. Oberme er `
Y °
BARR ENGINEERING:/CO.
Engineers for the District
Approved by the Board of Managers
RILEY-P1URGATORY CREEK W ERSHED DISTRICT
RCO/111 _ l -✓ c ^may President
c: Mr. Frederick Richards
Mr. Frederick Rahr
Mr. Bill Monk'
CITY OF I- (%
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
August 25, 1983
Mr. Mark Velguth
Suite 440
Pillsbury Center
Minneapolis, MN 55407
Dear Mr. Velguth:
As per our recent phone conversation, attached are documents
regarding final plat approval of Carver Beach Estates. At this
Point the developer's representative (Land Plan) is preparing
construction plans that detail the grading, utility, and roadway
aspects of the project.
The project as currently designed does impact the Rothfuss prop-
erty and this point must be clarified before plans are finalized.
The best design would require temporary slope easements as well
as dedication of a 5 foot wide R/W along the east line of the
property to insure proper sloping and curb construction. It
should be noted, however, that design modifications (tighter
curve) can be done so that all work is accomplished within
existing R/W.
The improvements to be constructed within this plat are to be
installed privately, although they must be approved by the City,
so the developer's engineer is much more involved in every phase
of the project including assessment acquisition. I am, however,
prepared to meet on the site to discuss project details or answer
questions by phone. Either way, just let me know.
Sincerely,
William Monk
City Engineer
WM:k
690 COULTER DRIVE ® P.O. BOX 147 ® CHANHASSEN, MINNESOTA 55317
(612) 937-1900
June 7, 1983
Mr. Adrian Johnson and
Ms. Nancy Raddohl
Carriage House Realty
322 Second Street
E::celsior, MN 55331
Dear Mr. Johnson & Ms. Raddohl:
1 am pleased to report that on June 6th the City Council approved
t o :inal Development Plan for Carver Beach Estates. The City is
new prepared to sign the final development contracts that you
have already executed. Two completed copies will be forwarded to
you 'Within the near future.
You should note that before City officials will sign the final
plat documents and allow recording of the street vacations, you
will be required to post the performance security as described in
Section 5.02 of said contract. This is required to insure
installation of public improvements to City standards within the
timetable set in Section 2.06 of the development contract.
Should you have any.questions concerning the Council°s approval
or the next steps in the process, please let me know.
Sincerely,
William Monk
City Engineer
WM:k
bcc: Don Hess
Bob Waibel
Walter Hobbs
Joe Troendle
Arthur Owens
CITY OF
690 COULTER DRIVE 0 P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
June 7, 1983
Mr. Adrian Johnson and
Ms. Nancy Raddohl
Carriage House Realty
322 Second Street
Excelsior, MN 55331
Dear Mr. Johnson & Ms. Raddohl:
I am pleased to report that on June 6th the City Council approved
the Final Development Plan for Carver Beach Estates. The City is
now prepared to sign the final development contracts that you
have already executed. Two completed copies will be forwarded to
you within the near future.
You should note that before City officials will sign the final
plat documents and allow recording of the street vacations, you
will be required to post the performance security as described in
Section 5.02 of said contract. This is required to insure
installation of public improvements to City standards within the
timetable set in Section 2.06 of the development contract.
Should you have any questions concerning the Council's approval
or the next steps in the process, please let me know.
Sincerely,
s.
e�
William Monk
City Engineer
WM : k
bcc: Don Hess
Bob Waibel
Walter Hobbs
Joe Troendle
Arthur Owens
Council Meeting June 61 1983
-20-
the boat out there and take the boat out and use an electric
some fishing or trolling and things like that and as far as
go, I can't possibly see how they can affect the ecology or
any lake.
motor to do
electric motors
environment of -
I
Mayor Hamilton - This is the first reading of the proposed ordinance. We
will consider all comments that have been made here this evening and this
item will be on the agenda for second and final reading and response to
those questions and comments that have been raised this evening, June 21st.
Councilman Horn moved that the proposed Water Surface Usage Ordinance be
placed on first reading. Motion seconded by Mayor Hamilton. The following
voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn.
No negative votes. Motion carried.
MINUTES: Councilman Horn moved to approve the April 26, 1983, Council
minutes. Motion seconded by Councilwoman Watson. The.following voted in
favor: Councilwoman Watson and Councilman Horn. Mayor Hamilton abstained.
Motion carried.
Mayor Hamilton moved to approve the May 16, 1983, Council minutes. Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Watson and Councilman Horn. No negative votes.
Motion carried.
Councilman Horn moved to approve the May 23, 1983, Board of Review meeting.
Motion seconded by Councilwoman Watson. The following voted in favor:
Mayor Hamilton, Councilwoman Watson and Councilman Horn. No negative
votes. Motion carried.
Councilwoman Watson moved to note the May 17, 1983, Lotus Lake Task Force
Committee minutes. Motion seconded by Councilman Horn. The following
voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn.
No negative votes. Motion carried.
Councilwoman Watson moved to note the May 19, 1983, Lotus Lake Task Force
Committee minutes. Motion seconded by Councilman Horn. The following
voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn.
No negative votes. Motion carried.
Councilwoman Watson moved to note the May 24, 1983, Lotus Lake Task Force
Committee minutes. Motion seconded by Councilman Horn. The following
voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn.
No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN, CARVER BEACH ESTATES: Don Hess and Adrian Johnson
were present.
Bill Monk - Since the preliminary plat was approved there are three items
that have consistently proved stumbling blocks in having this item
approved. The first one is the developer's request to have the assessments
abated as described in Section 3.01 of the Development Contract. The sta-
tus of Outlot A versus platted property for access to the Owen's property,
and the question about the access to the Troendle property. Briefly,
Staff's recommendation that the assessments as stated in Section 3.01 be L
left as they are and not be abated. That #2, that whether the access to
the Owen's property is handled as an outlot or platted makes no difference
,.Council Meeting Jun- 6, 1983 -21-
as long as the outlot, should it be done that way, is handled as a part of
the final plat and deeded over to the City for roadway purposes at that
time, and #3 the three documents included in the package are agreements
between the developer and Mr. Troendle, and Mr. Troendle and the City do
seem, in my opinion and the opinion of the City's Attorney, to be adequate
to protect both the developer, the property owner and the City.
Mayor Hamilton moved to approve the final development plan for Carver Beach
Estates provided all documents are signed with the Owens and Troendle pro-
perty and the assessments remain as levied. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson
and Councilman Horn. No negative votes. Motion carried.
ORDINANCE 10-A REGULATING THE DESIGN, LOCATION AND INSTALLATION OF SEPTIC
SYSTEMS: Mayor Hamilton moved to approve Ordinance 10-A with the recommen-
dations of the City Engineer and approval of RESOLUTION #83-29. Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Watson and Councilman Horn. No negative votes.
Motion carried.
INFORMAL REVIEW, FINAL DEVELOPMENT PLAN AMENDMENT, NEAR MOUNTAIN PRD:
Dennis Mulvey was present. Lundgren Brothers, Inc. is proposing a final
development plan amendment for the northeasterly 7.8 acres. The proposal
is to construct 31 small lot, single family detached units in an area which
was previously approved for 36 quad home -type units. The request also
includes a change of phasing to expand the first phase of the project to
include the 7.8 acre site as well as include a variance to commence
construcation of a model home prior to final plan amendment approval and
final plat filing. Council members generally were in favor of the proposed
housing types and urged Lundgren Brothers to proceed. The Planning
Commission will be holding a public hearing on June 8th for the proposed
plan amendment.
REAR LOT SETBACK VARIANCE, LOT 3,.BLOCK 1, SUNNYSLOPE ADDITION: Mr. Steve
Burke was present seeking approval of a 7 foot 4 inch rear yard setback
variance in order to construct a three season porch with deck on the rear
of his home at 340 Deerfoot Trail. The Board of Adjustments and Appeals
recommended approval of the request.
Mayor Hamilton moved to approve the rear lot setback variance for Lot 3,
Block 1, Sunnyslope for Steven Burke. Motion seconded by Councilwoman
Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson
and Councilman Horn. No negative votes. Motion carried.
FRONT YARD SETBACK VARIANCE, 6721 HOPI ROAD, CARVER BEACH Sally Schrupp
is requesting a eight foot front yard setback variance to construct a 24, x
24' garage and an 18' x 25' solarium. The Board of Adjustments and Appeals
recommended approval of the request as proposed.
Councilman Horn moved to approve the variance as requested for 6721 Hopi
Road. Motion seconded by Councilwoman Watson. The following voted in
favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn. No nega-
tive votes. Motion carried.
ATTORNEY BILL, DUMP SITE:
Don Ashworth - Jim Curry was in today along with Al Klingelhutz. Jim has
hired Larkin, Hoffman to prepare the legal work associated with the dump
CITY OF s
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Aaron Dy Uty Administrator
MEMORANDUM
Endorsed—../
TO: Don Ashworth, City Mana er Modified
g Rejected
FROM: Bill Bill Monk, City Engineer Date Submitted to Commission
DATE: June 6, 1983 —
Date Submitted to Council
SUBJ: Carver Beach Estates 11 �ldr-3
On November 16, 1981, the City Council approved the street vaca-
tions and preliminary plat for Carver Beach Estates. Since that
approval, the developer has worked to prepare a final document
that met all conditions and concerns voiced by the Council.
However, the following three issues have consistently arisen as
stumbling blocks:
1). The developer's request that assessments as described in
Section 3.01 of the Developer's Agreement be abated;
2). That the northern access to the Owen's property be
handled as an outlet rather than dedicated R/W on the
plat; and
3). Questions about access to the Troendle property
following the vacation process.
I believe all three issues can now be settled to allow approval
of the final aevelopment plan. As regards to the first item,
this has previously been the subject of staff response in the
April 4, 1983 memo of the City Manager and the Engineer's memo of
November 10, 1982. Both notations recommend denial of the
developer's request, however, formal Council action has never
been taken on this issue.
Concerning the second item, whether the R/W is dedicated on the
plat or deeded to the City as an outlot for roadway purposes
makes little difference. However, if the outlot.procedure is
chosen, the outlot must be conveyed to the City upon platting and
cannot remain in the developer's ownership to be used as a future
negotiation tool with adjacent property owners. Outright
platting of the R/W is still preferable.
Lastly, three agreements are attached that settle the access
question for Mr. Troendle's property. One agreement is an option
Mr. Don Ashworth -2- June 6, 1983
agreement between Mr. Troendle and the developer allowing Mr. Troendle
the ability to purchase Lot 5, Block 2 for roadway access pur-
poses if other development options do not materialize. The other
two agreements are between Mr. Troendle and the City with one
stating the City will allow access across Lot 5 under certain
circumstances, while the other releases the City from any liabil-
ity due to the access question beyond the limits of its
agreement to allow access across Lot 5.
I have discussed this last item with the Attorney's office at
length and we concur that these agreements protect the rights of
the property owners involved without restricting the actions of a
future Council. Approval of the final development plan for
Carver Beach Estates is recommended. Any motion of approval
should include a mention of action on the three items listed
above.
It should also be noted that, if approved, the final plat will
not be released until financial guarantees as described in the
Developer's Agreement are in hand. Also, a copy of the proposed
final plat will be exhibited on Monday night to assist in the
Council's review.
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR
MARK C. McCULLOUGH
Bill Monk
City Engineer
Box 147
Chanhassen MN 55317
Dear Bill:
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
May 25, 1983
TELEPHONE
(612) 333-1511
Re: Carver Beach Properties
Troendle Access
You have requested that I review the attached Option and Agreement
which purports to grant Joseph W. Troendle a 30-day period from
May 10, 1985 to June 10, 1985 within which to purchase "Lot 5,
Carver Beach Estates." I assume that the Lot 5 referred to in the
option is Lot 5, Block 2, but since the agreement does not so state,
I am compelled to advise that the agreement is inadequate for City
and Troendle purposes because of this ambiguity.
However, for purposes of discussion in this report, I shall assume
that the Lot 5 referred to in the agreement is Lot 5, Block 2,
Carver Beach Estates. If such is the case, it is my view that the
option (when amended to include Lot 5, Block 2) will be adequate for
City purposes because it grants to Mr. Troendle a right to acquire
said Lot 5 for Lot 8 Vineland access purposes.
The option, coupled with the consent to vacation by Mr. Troendle of
the unnamed 33 foot roadway at the south line of Vineland and his
obligation to sign the Carver Beach Estate final plat which
presently shows Lot 5, Block 2 as a residential development lot,
should absolve the City from any potential liability on a claim
by Mr. Troendle against the City for denial of Lot 8 access by
reason of final plat approval.
The ideal solution would include execution by the Troendles of the
attached release agreement which leaves no doubt that the City
is relieved of liability, and I recommend that you press for this
document as well. Perhaps now that Mr. Troendle has the option,
he will be more amenable to signing the release.
RECE,'.'
MAY 2 rl- 1983
X OF CHANHAzi;
Bill Monk
May 25, 1983
Page Two
In view of the Lot 5 option, I see no need for the City to
further consider delivering to Mr. Troendle the attached "Roadway
Agreement" as I now view this as unnecessary. For a 30-day period
following May 10, 1985, Mr. Troendle has the right to acquire Lot 5
which he could utilize as access (subject to City requirements)
to Lot 8 Vineland should he wish to develop Lot 8.
Caveat: The above discussion assumes that Lot 5 in the option means
Lot 5, Block 2. The option must be changed to reflect this before
it is in acceptable form for the City. It should also be
acknowledged before a notary to entitle it to be placed of record
with the Registrar of Titles.
With reference to the mortgage foreclosure matter we discussed the
other day, I have been advised by the attorney for Shelard National
Bank, mortgagee, that the mortgagors made a substantial payment on
the mortgage and have been granted an extension for payment
of the balance due. Hence, the foreclosure matter is moot at this
time.
Very truly yours,
RUSSELL H. LARSON
RHL:ner
enc
cc: Don W. Ashworth
Bob Waibel
RELEASE
AGREEMENT
THIS AGREEMENT, made th's day of
19 between Joseph W. Troendle and Luvan G. Troendle, husband
and wife, of the County of Carver and State of Minnesota, (hereinafter
the "First Parties"), and the City of Chanhassen, a Minnesota municipal
corporation (hereinafter the "Second Party").
WHEREAS, Joseph W. Troendle and Luvan G. Troendle, husband
and wife, are the owners in fee simple of Lot Eight (8), "Vineland"
according to the recorded plat thereof on file and of record in the
office of the Carver County Recorder.
WITNESSETH, that the said First Parties, for themselves,
their heirs, personal representatives and assigns, in consideration of
the sum of One Dollar ($1.00) to them in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, do hereby forever
release the Second Party, its council members, officers, employees
and agents from any and all claims, demands, damages, actions, causes
of action or lawsuits of any kind or nature whatsoever, on account
of any action taken by the Second Party, its council members, officers,
employees and agents in approving the proposed plat of Carver Beach
Estates, Carver County, Minnesota, the consequence of which may
eliminate all street right of way access from said Lot 8, "Vineland"
southerly through said plat of Carver Beach Estates to Nez Perce Drive
in said City.
IN TESTIMONY WHEREOF, the said First Parties have hereunto_
set their hands the day and year first above written.
Joseph W. Troendle
Luvan G. Troendle
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
_ day of _ , 198 by Joseph W. Troendle
and Luvan G. Troendle, husband and wife.
Notary Public
This Instrument Drafted By:
Russell H. Larson
LARSON & MERTZ
Attorneys at Law
1900 First Bank Place West
Minneapolis MN 55402
(612) 333-1511
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ROADWAY
AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1983, by and between the City of
Chanhassen (''City") —and—Joseph W. Troendle and Luvan G. Troendle,
husband and wife, of the County of Carver, Minnesota, ("Troendles"),
WHEREAS, the Troendles are the fee owners of Lot 8,
"Vineland" according to the recorded plat thereof on file and
of record in the office of the Carver County Recorder, and
WHEREAS, said Troendles have heretofore, on December 19,
1981, consented to the vacation by the City of that portion of
that certain 33 foot street right-of-way designated as "Road"
on the plat of "Vineland" which abuts the southerly property line
of said Lot 8, and
WHEREAS, said Troendles are the fee owners of Lots 37
to 63 inclusive, plat of Carver Beach at Long Lake, which
ownership is subject to an outstanding purchase agreement, dated
November 29, 1982, for the sale of said lots to one Adrian
Johnson, partner of Carver Beach Properties, developer of Carver
Beach Estates, and
WHEREAS, said vacated right-of-way and said Lots 37
and 63 inclusive are to be included within the proposed plat
of Carver Beach Estates for platting into residential lots, with
the consequence that roadway access from the south line of said
Lot 8, "Vineland," southerly to proposed Nez Perce Drive thereby
will be eliminated.
NOW, THEREFORE, in consideration of the foregoing, it
is the agreement of the parties -hereto that in the event Troendles
wish to develop said Lot 8, "Vineland" the City will permit
Troendles to construct a roadway with a right-of-way feet
in width, including public utilities therein, southerly from said
Lot 8, "Vineland" across proposed Lot 5, Block-2, of Carver
Beach Properties to Nez Perce Drive, subject, however, the
following terms and conditions, all of which shall be strictly
complied with:
1. That Troendles shall have first obtained a
perpetual easement for said roadway right-of-way across said
Lot 5, Block 2 from the then owner thereof.
2. That in the sole judgment of the City there exists
no other feasible means of providing roadway access from said
Lot 8 "Vineland"to any public road then in existence.
3. That by execution of this agreement the City in
no way limits or restricts its right under state law and City
ordinances to approve, disapprove, modify or attach conditions to
any proposed development plan involving said Lot 8 "Vineland,"
it being the intent hereby to preserve to the City all -its right
with respect to the platting, zoning and development of lands
within the City.
4. That any such roadway shall be constructed in
accordance with City standards and specifications, and at the
sole cost of Troendles.
5. That the within agreement is personal to Troendles,
and shall not in any way be construed to grant any rights herein
to successors or assigns of Troendles.
Executed by the parties hereto the day and year first
above written.
CITY OF CHANHASSEN
By
Mayor
And
City Manager
Joseph W. Troendle
Luvan G. Troendle
-2-
STATE OF MINNESOTA)
) ss.
;COUNTY OF CARVER )
On this day of , 1983, before me,
a notary public within and for said County, personally appeared
Thomas Hamilton and Don W. Ashworth, to me personally known, who,
being each by me duly sworn, did say that they are respectively
the Mayor and City_Manager of the municipal corporation named
in t'_ze foregoing instrument, and that said instrument was signed
and sealed in behalf of said municipal corporation by authority
of tis City Council and said Thomas Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
County:
My Commission expires:
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
On this day of , 1983, before me,
a notary public within and for said County, personally appeared
Joseph W. Troendle and Luvan G. Troendle, to me known to be the
persons described in, and who executed, the foregoing instrument,
and acknowledged that they executed the same as their free act
and deed.
Notary Public
County;
My Commission expires:
THIS INSTRUMENT DRAFTED BY
Russell H. Larson
Larson & Mertz
1900 First Bank Place West
Minneapolis MN 55402
(612) 333-1511
OPTION AND AGREEMENT
Option granted this �� day of 1983, by
Carver Beach Properties, a Minnesota partnership, :iereinafter
called "Optioner," to Joseph W. Troendle and Luvan Troendle,
husband and wife, of Chanhassen, Minnesota, hereinafter called
"Optionee."--
The Optionor in consideration of the sum of $1.00 and
other good and valuable consideration, paid by Optionee,
receipt whereof is hereby acknowledged, hereby grants to the
Optionee, his heir, successors, and assigns, the exclusive
right at his option to purchase Lot, 5, Carver Beach Estates,
for the purchase price of $10.00. Said option may only be
exercised if Optionor has not purchased Lot 8, Block 2,
Vineland, from Optionee by May 10, 1985. Said option shall be
exercised not later than June 10, 1985.
In the event that the Optionee or his assignee shall
elect to purchase said easement, he shall signify such election
by written notice thereof, directed to Optionor.
Optionor agrees not to construct any improvements on
said Lot 5 until such time as Option has expired or has
otherwise been released from the terms of this Option.
CARVER BEACH PROPERTIES,
a Partnership
By---- ---�.
Adrian -Jo- n
Nancy ddohl
oseph Troendle
-Luvan G. Troendle �~
THIS INSTRUMENT WAS
DRAFTED BY:
Gary Larson, P.A.
464 Second Street
Excelsior, Minnesota 55331
(612) 474-8877
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AGREEMENT
_4-,JIS AGREEMENT, made and entered into this / SCE.
day of _ ,� /'_� _ 1983, by and between the City of
Chanhassen ("Cty") and Joseph W. Troendle and Luvan G.
Troendle, husband and wife, of the County of Carver, Minnesota,
("Troendles"),
WHEREAS, The Troendles are the fee owners of Lot 8,
"Vineland" according to the recorded plat thereof on file and
of record in the office of the Carver County Recorder, and
WHEREAS, said Troendles have heretofore, on December
19, 1981, consented to the vacation by the City of that portion
of that certain 33 foot street right-of-way designated as
"Road" on the plat of "Vineland" which abuts the southerly
property line of said Lot 8, and
WHEREAS, said Troendles are the fee owners of Lots 37
to 63 inclusive, plat of Carver Beach at Long Lake, which
ownership is subject to an outstanding purchase agreement,
dated November 29, 1982, for the sale of said lots to one
Adrian Johnson, partner of Carver Beach Properties, developer
of Carver Beach Estates, and
WHEREAS, said vacated right-of-way and said Lots 37
and 63 inclusive are to be included within the proposed plat of
Carver Beach Estates for platting into residential lots, with
the consequence that roadway access from the south line of said
Lot 8, "Vineland," southerly to proposed Nez Perce Drive
thereby will be eliminated.
NOW, THEREFORE, in consideration of the foregoing, it
is the agreement of the parties hereto that in the event
Troendles, their heirs, successors and assigns, wish to develop
said Lot 8, "Vineland" the City will permit Troendles to
construct a roadway with a right-of-way _ feet in
width, including public utilities therein, southerly from said
Lot 8, "Vineland" across proposed Lot 5, Block 2, of Carver
Beach Properties to Nez Perce Drive, subject, however, the
following terms and conditions, all of which shall be strictly
complied with:
RECEIVED
MAY 13 1983
CITY OF CHANHASSEN
1. That Troendles shall have first obtained a
perpetual easement for said roadway right-of-way across said
Lot 5, Block 2 from the then owner thereof.
2. That in the sole judgment of the City there
exists no other feasible.means of providing roadway access from
said Lot 8 "Vineland" to any public road then in existence.
3. That by execution of this agreement the City in
no way limits or restricts its right under state law and City
ordinances to approve, disapprove, modify or attach conditions
to any proposed development plan involving said Lot 8
"Vineland," it being the intent hereby to preserve to the
City all its right with respect to the platting, zoning and
development of lands within the City.
4. That any such roadway shall be constructed in
accordance with City standards and specifications, and at the
sole cost of Troendles.
Executed by the parties hereto the day and year first
above written.
CITY OF CHANHASSEN
WA
And
Mayor — --
City Manager
Josepty W. Troendle
uvan G. Troendle
-2-
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
On this day of , 1983, before me,
a notary public within and for said County, personally appeared
Thomas Hamilton and Don W. Ashworth, to me personally known, who,
being each by me duly sworn, did say that they are respectively
the Mayor and City Manager of the municipal corporation named
in she foregoing instrument, and that said instrument was signed
and sealed in behalf of said municipal corporation by authority
Of tis City Council and said Thomas Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
On this /.3 day
a notary public within and
Joseph W. Troendle and Luva
persons described in, and w
and acknowledged that they
and deed.
MELANIE B. WAIZru-.�
0NOTARY PUBLIC - MINNESOTA
HENNEPIN CQUNTY
My commission expires Feb. 13, 1999_
THIS INSTRUMENT DRAFTED BY
Russell H. Larson
Larson & Mertz
1900 First Bank Place West
Minneapolis MN 55402
(612) 333-1511-
Notary Public ..
County:
My Commission expires:
Of ?24� , 1983, before me,
for said Co nty, personally appeared
n G. Troendle, to me known to be the-,
ho executed, the foregoing instrument,
executed the same as their free act
Ngta) y Public
County:
My Commission expires:
AGREEMENT
41
THIS AGREEMENT, made this o2day of __ _ _ _,
193 , between Joseph W. Troendle and Luvan G. Tro dle,
husband and wife, of the County of Carver and State of
Minnesota, (hereinafter the "First Parties"), -and the City of
Chanhassen, a Minnesota municipal corporation (hereinafter the
"Second Party")
WHEREAS, Joseph W. Troendle and Luvan G. Troendle,
husband and wife, are the owners in fee simple of Lot Eight
(8), "Vineland" according to the recorded plat thereof on file
and of record in the office of the Carver County Recorder.
WITNESSETH, that the said First Parties, for
themselves, their heirs, personal representatives and assigns,
in consideration of the sum of One Dollar ($1.00) to them in
hand paid by the said Second Party, the receipt whereof is
hereby acknowledged, do hereby forever release the Second
Party, its council members, officers, employees and agents from
any and all claims, demands, damages, actions, causes of any
action taken by the Second Party, its council members,
officers, employees and agents in approving the proposed plat
of Carver Beach Estates, Carver County, Minnesota, the
consequence of which may eliminate all street right of way
access from said Lot 8, "Vineland" southerly through said plat
of Carver Beach Estates to Nez Perce Drive in said City. The
parties acknowledge the Agreement dated May 13, 1983, between
the City and Troendle and further agree that said Agreement
does not supersede said May 13, 1983, Agreement.
IN TESTIMONY WHEREOF, the said First Parties have
hereunto set their hands the day and year first above written.
Jo eph W. Troendle
L jvan G. �Troendle
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
d The foreg i g instrument was acknowledged before me
this _ oZ i day of t , 198% by Joseph W. Troendle
and Luvan G. Troendl,e,�husband an:: wife.
Notary Public
THIS INSTRUMENT WAS
DRAFTED BY: e""'o MELANN: B. WA RE,
Gar Larson P.A. `.
Y / �� �IaJARY PUBLIC - MINVESOTA
464 Second Street '`�h H;NNEPiN COUNTY
Excelsior, Minnesota 55331 My commission expires Feb. 13, 1990
Council Meeting April 4, 1983
-3-
operations. The PCA acknowledges that they have little information on
_-_ this type of system or the cement industry itself but they agree that
this has some potential or apparent benefits from an environmental
standpoint. The City Attorney has concurred that a permit with the
recommended conditions as found in the March 3rd staff report is
acceptable.
Mayor Hamilton moved that the conditional use permit and zoning ordinance
variance for Apple Valley Red-E-Mix, Planning Case 82-4, be approved with
the fog -lowing conditions:
1. That Apple Valley, Inc. will immediately; upon the execution of the
conditional use permit, install at its Chanhassen plant and at its
own expense, a wash -out system, which installation shall be in
accordance with the detailed plans and specifications as presented
in Planning Case 82-4 Conditional Use Permit and as approved by the
City Engineer.
2. That Apple Valley, Inc. agrees that it shall terminate the non-
conforming use of its property located at 201 West 78th Street no
later than July 1, 1992, in accordance with Section 20.01 of
Ordinance 47 and furthermore shall not claim compensation from the
City of Chanhassen for the investment costs of the wash -out system
and appurtenances thereto in the termination of the use either through
public acquisition or through the provisions of said Section 20.01 of
Ordinance 47.
3. That Apple Valley, Inc. obtain any necessary discharge permits for the
wash -out system from the Minnesota Pollution Control Agency and/or
Metropolitan Waste Control Commission.
4. That Apple Valley, Inc. fill in the existing wash -out pit on the
property to existing grade utilizing clean fill.
5. That the wash -out system have compliance to the performance standards
for noise as contained in Ordinance 47-I.
6. That the silo that is laying on the ground be removed from the
premises.
7. That a fence, similar to the fence around the Hanus facility, be
constructed around the tank areas at a height of eight feet.
Motion seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No
negative votes. Motion carried.
DEVELOPMENT CONTRACT, CARVER BEACH ESTATES:
Councilwoman Swenson noted that she had talked with Joe Troendle and
there is some question about the access to his property from new Nez
Perce Drive.
Councilwoman Swenson moved to table action until Mr. Troendle is satisfied
that access is provided to his property. Motion seconded by Mayor
Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen
Swenson and Watson, Councilmen Geving and Horn. No negative votes.
Motion carried.
Don Hess - I believe there has been a very honest attempt here to have
an easement which has been drawn and given to the attorney and presented
to Mr. Troendle granting him rights of easement over Lot 5 until such
time that there is an alternative access provided. That's been offered.
I don't know why it has not been accepted.
Council Meeting April 4, 983 -4-
Mayor Hamilton - Until it has been signed by Mr. Troendle, we are not
going to deal with it. All this Council has asked for repeatedly is
that there be an agreement so that we know that Mr. Troendle is not
going to be landlocked. We want to see an agreement in writing.
Joe Troendle - The first agreement that we signed with the understanding
that I would have an access to the south. I wouldn't be landlocked. The
reason we bought that strip of property on the north end of Carver Beach
and the south end of our property is so we would have an out to the
road that is just south of the lots that we own. I understand that
Carver Beach Properties suggested that they would.leave a lot open there
that we can get through there. What I am interested in knowing, would
the City of Chanhassen allow a road to be built in there? Just the fact
that he leaves a lot open doesn't mean that you people would allow a
road in there. That's the reason I didn't sign the letter I got. At
the present time I just have their say so that they leave a lot open but
that doesn't assure me that the City would allow a road to be built in
there.
Don Hess - We can't presume to know what your action is going to be unless
you take action on that.
Joe Troendle - If I had the assurance
that lot would be open and available
whether it's me or somebody else, to
wish to, there would be no problem.
from the City of Chanhassen that
to whoever owns that property,
come in there with a road if we
Don Ashworth - To do that there would have to be some type of a
contractual agreement entered into. You can't bind a future Council.
I guess that's what Mr. Troendle wants to know is if we would guarantee
a future Council. We can't do that short of literally some type of
a contractual obligation so that means the agreement as written would
have to be changed so that it would become a three party agreement
wherein we would contractually commit to allowing that street to go
through.
Mayor Hamilton - Rather than debating this here, I think you ought to
get together with the staff and try to reach some type of an agreement.
Bill Monk - I don't think there is a plan in your packet that showed Lot
5. The Council as a whole does not, Don correct me if I am wrong, have
any problem with pursuing a supplimentary agreement for access across
Lot 5. I think that can be accomplished between Mr. Troendle, the City,
and the developer. I am sure we can have that back on the next agenda
for Council approval as long as the Council as a whole does not see any
problem with that.
Mayor Hamilton - Get together and work that out.
Councilwoman Swenson - Would that be binding on future Council's?
Don Ashworth - I think it would have to work back with the Attorney's
office.
Councilwoman Swenson - Let's leave it there then.
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: April 4, 1983
SUBJ: Development Contract, Carver Beach Estates
On November 15, 1982, the City Council reviewed the proposed
development contract for Carver Beach Estates. During that
discussion the City Attorney noted his desire to see the Council
approve a specially dated consent from the Tronedle's and Owens'
as a part of any final approval regarding their potential loss of
access to their property. The form of agreement has been
drafted by the City Attorney and is attached. It is recommended
that any approval be conditioned upon the developer obtaining the
signatures on this agreement as well as obtaining Mrs. Owens'
signature on the general purchase agreement dated March 24, 1981.
As a part of the attachments included in November of 1982 was a
letter from the developers asking that the City reduce the pre-
viously levied assessments totalling $16,095 (see attached
letter). No discussion of this request is shown in the minutes
of November 15th. The request is similar to that presented by
Near Mountain approximately two weeks ago. The City has con-
tinuously taken a position that the costs of placing a sewer or
water line across a parcel of land is a cost to be paid by that
benefiting property. To assume that the City should be liable if
a property owner later subdivides the property in a manner in
which he cannot fully utilize the improvements would place an
undue hardship on the City and be a dangerous precedent. Denial
of this request is recommended.
The attached documents include no special agreements between the
City and Walt Hobbs. The City should and must take every pre-
caution to assure that the development will be accomplished in a
form set out within the development contract and that the City
receives security to insure such compliance. However, the City
should not become involved in agreements or non -agreements bet-
ween two private parties. At this point in time, the City/Developer/
Mr. Hobbs are in agreement as to how the property should be
platted including location of roads. Again, it is the City's
responsibility to insure that all improvements associated with
the plat are legally secured and that the developer performs in
Mayor and Council -2- April 4, 1983
accordance with the development contract. However, issues such
as the amount of money which Mr. Hobbs should receive for use of
his land, agreements between the developer and Mr. Hobbs
regarding relocating his driveway or guaranteeing such are solely
between the developer and Mr. Hobbs. If Mr. Hobbs, in any way, does
not believe that he is receiving sufficient monies, adequate
guarantees, or other improvements, he has the sole ability to
stop the entire project by not signing the plat. Mr. Johnson
cannot get the plat filed without Mr. Hobbs signature and the
city will not sign the plat (other documents), if Mr. Hobbs
signature is not affixed to that plat.
Approval of the development contract, with the recommended con-
ditions stated by the City Attorney, is recommended.
Ca % --;"' RRIAG E HOUS
REALTY & INVESTMENTS, INC.
March 10, 1983
TO: Mayor rif Chanhassen
City Council
Don Ashworth
FROM: Adrian Johnson/Nancy Raddohl
SUBJECT: CARVER BEACH PROPERTIES DEVELOPMENT CONTRACT
We have signed the Development Contract, however, there is one part
that is still a current concern of ours on the special assessments.
(See attached letter dated October 21, 1982.)
We are requesting again that this matter be brought before the next
council meeting.
Thank you.
Sincerely,
Nancy " dda.l
CARVER BEACH PROPERTIES
NR: cs
Attachment
RECEIVED
MAR 141983
CITY OF CHANHASSEN
332 2nd. Street, Excelsior, MN. 55331 (612)474.0894
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CITY OF CHANHASSEN
CARVER BEACH ESTATES DEVELOPMENT CONTRACT
PARTIAL RE -PLAT OF CARVER BEACH
CARVER BEACH PROPERTIES
THIS AGREEMENT, Made and entered into this ,! 7(7y,, day of
1982, by and between CARVER BEACH PROPERTIES, a
partnership consisting of Nancy K. Raddohl and Adrian T. Johnson
(hereinafter referred to as the Developer), and the CITY OF
CHANHASSEN, a Minnesota municipal corporation (hereinafter
referred to as the City);
WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. §462.358 and other applicable state laws_, and the
Developer in consideration of the mutual covenants herein con-
tained, recite and agree as follows:
SECTION 1. RECITALS.
1.01. Carver Beach Estates Preliminary Plat. The
Developer is, or at the time of the filing of the final plat shall
be, the fee owner of a tract of land lying within the City, as
more particularly described on Exhibit A attached hereto and made
a part hereof (hereinafter the "Subject Property" or "Plat"). The
Developer has heretofore made application to the City under the
Cit Zonin Ord' f h
y g finance or t o approval of a plat, including a re -
plat of certain Carver Beach lots, encompassing all of the subject
property.
1.02. Ownership Interests. The ownership interest of
the tracts of land comprising the subject property at the time
of the filing of the final plat shall be as follows:
1. Carver Beach Properties, A Partnership
consisting of Nancy K. Raddohl and Adrian T.
Johnson
1.03. Plan Approval Chronology.
(1) The City Planning Commission held a public
hearing on July 22, 1981 to consider public
comment on development plans and plats of the
subject property.
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(2) The City Council, by its action dated November
16, 1981, approved a preliminary plat consisting
of 22 single family residential lots and 2
outlots which constituted a revision of
Developers proposed preliminary plat, dated
July 6, 1981, revised July 10, 1981, as prepared
by LandPlan, Inc., attached hereto as Exhibit B
and made a part hereof, (hereinafter the "plat")
subject to and on condition that the Developer
enter into this agreement.
SECTION 2. IMPROVEMENTS BY DEVELOPER.
2.01. Construction. Developer agrees at its expense to
construct, install, and perform all work and furnish all materials
and equipment in connection with the installation of the following
public improvements (hereinafter the "Public Improvements"), in
accordance with the Plans and Specifications described in 12.02
below, as modified by the Special Conditions set forth in Section
4 hereof:
a. Street grading, stabilizing, and bituminous surfacing
b. Surmountable concrete curbs and gutters
C. Sanitary sewer mains
d. Watermains
e. Storm and surface water drainage and retention ponds
f. Street signs
g. Underground utility lines
h. Street lighting
2.02. Final Plans and Specifications. The Developer shall
provide the City with final plans and specifications, including a
final grading plan, prepared by a registered professional engineer,
which plans and specifications shall be subject to the review and
written approval of the City Engineer. Said plans and specifica-
tions are hereby made a part of this agreement. Developer shall
not make or permit any changes, variations, omissions or additions
to City approved final plans and specifications without the writ-
ten approval of the City Engineer prior to any such change,
variation, omission or addition.
2.03. Standards of Construction. Developer agrees that
all of the public improvements shall be constructed and installed
in accordance with the aforesaid City approved plans and specifi-
cations, and that said improvements shall equal or exceed City
standards, and that all of said work shall be subject to the
inspection and approval of the City Engineer.
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2.04. Materials and Labor. All of the materials to be
employed in the making of said public improvements and all of the
work performed in connection therewith shall be of uniformly good
and workmanlike quality. In case any material or labor supplied
shall be rejected by the City as defective or unsuitable, then
such rejected material shall be removed and replaced with approved
material, and rejected labor shall be done anew to the satisfac-
tion and approval of the City at the cost and expense of the
Developer.
2.05. Staking, Surveying and Inspection. It is agreed
that the Developer, through his engineer, shall provide for all
staking, surveying and resident inspection for the above described
improvements in order to ensure that the completed improvements
conform to the approved plans and specifications. The City will
provide for general inspection and shall be notified of all tests
to be performed. It is agreed that the estimated cost of such
improvements, including charges of the City for legal, planning,
engineering services, including inspection, supervision and admin-
istration costs, shall be included in the total cost of all
improvements for purposes of computing the amount of the financial
security to be furnished to the City by the Developer.pursuant to
the terms of this agreement.
2.06. Completion Date and Schedule of Work.
a. It is agreed by the Developer that the construction
of the public and private improvements shall commence within
one (1) year of the filing of the final plat at the Carver
County Courthouse and that all public improvements shall be
completed within two (2) years of said plat filing.
b. It is agreed that the Developer shall submit a writ-
ten schedule indicating the progress schedule and order of
completion of the work covered by this agreement. It is
further agreed that upon receipt of written notice from the
Developer of the existence of causes over which the Developer
has no control which will delay.the completion of the work,
the City Council, at its discretion, may extend the date
hereinbefore specified for completion and that any bond or
financial security required shall be continued by the
Developer to cover the work during this extension of time.
C. Final approval and acceptance of the project shall
take the form of a Resolution duly passed by the City
Council, on the advice of the City Engineer. Final approval
and acceptance shall be conditioned upon the one year guaran-
tee of work and guarantee bond set forth in Section 2.15
hereof.
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2.07. Claims _ for Work. The Developer shall not do any
work or furnish any materials not covered by the plans and speci-
fications and special conditions of this agreement, for which reim-
bursement is expected from the City, unless such work is first
ordered in writing by the City Engineer as provided in the
specifications.
Any such work or materials which may be done or fur-
nished by the contractor, without such written order first being
given shall be at his own risk, cost and expense, and he hereby
agrees that without such written order he will make no claim for
compensation for work or materials so done or furnished.
2.08. Final Insoection. Upon completion of all the work
required by the City Engineer, a representative of the contractor,
and a represenative of the Developer's engineer will make a final
inspection of the work. Before final payment is made to the
contractor by the Developer, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the
approved plans and specifications; and the Developer's engineer
shall submit a written statement attesting to same.
2.09. As Built Plans. Upon completion of the -work, the
Developer shall have his engineer provide the City with a full set
of as -built mylar reproducible plans for the City records. These
plans shall include the locations and ties to all sanitary sewer
and watermain services as well as gate valve boxes and manholes.
2.10. City Disclaimer. It is agreed anything to the
contrary herein notwithstanding, that the City of Chanhassen, the
City Council and their agents or employees shall not be personally
liable or responsible in any manner to the Developer, the
Developer's contractor or subcontractor, material men, laborers or
any other person or persons whomsoever, for any claim, demand,
damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this agreement or
the performance and completion of the work and the improvements
provided herein, and that the Developer shall save the City harm-
less from all such claims, demands, damages, actions or causes of
actions or the costs disbursements, and expenses of defending the
same, specifically including, without intending to limit the cate-
gories of said costs, cost and expenses for City administrative
time and labor, costs of consulting engineering services and costs
of legal services rendered in connection with defending such
claims as may be brought against the City.
2.11. Erosion Control. Developer, at its expense, shall
provide temporary and permanent dams, earthwork, retention and
sedimentation basins, and such other practices including seeding
of graded areas, as shall be needed in the judgement of the City
Engineer, the Riley Purgatory Creek Watershed District, the U.S.
Corps of Engineers, and the Department of Natural Resources,
QC
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to prevent the washing, flooding, sedimentation and erosion of
lands and road within and outside the plat during all phases of
construction, including construction on individual lots.
Additionally, the Developer shall comply with all conditions of
any grading and land alteration permits issued by the Riley
Purgatory Creek Watershed District, the U.S. Corps of Engineers,
the Department of Natural Resources, and all of the recommen-
dations of the U.S. Soil Conservation Service, to the extent that
such recommendations are not consistent with the requirements of
any of the aforesaid permits.
A plan consolidating all applicable conditions concerning
construction grading and drainage shall be submitted to and
approved by the City Engineer prior to commencement of any work.
2.12. Street Lighting. The expense of furnishing
electrical energy for street lighting purposes shall be assumed by
the City twenty-four (24) months after completion of installation
of the street lighting system, or after fifty percent (50%) of the
building lots have been improved by the construction of residences
thereof, whichever is first to occur.
2.13. Conveyance of Improvements. Upon completion of the
installation by Developer of the improvements set forth in 12.01
hereof in accordance with the plans and specifications hereunder
and the written approval by the City, Developer shall convey said
improvements to the City free of all liens and encumbrances and
with warranty of title. Should the Developer fail to so convey
said improvements, the same shall become the property of the City
without further notice or action on the part of either party
hereto, other than acceptance by the City.
2.14. Building Permits and Occupancy Permits.
a. Prior to completion of the grading and placement of
rock stabilizing materials for road construction
within the plat, the City Building Inspector, with
the approval of the City Engineer, shall be
authorized to issue building permits for residential
construction within such plat upon payment of all
fees and charges applicable to the issuance of per-
mits and provisions for adequate site access.
b. The occupancy of any structure within said plat for
residential purposes shall be prohibited by the City
until the rock stabilizing base of the streets shall
have been completed and municipal sanitary sewer and
water lines shall have been installed and are
available to serve the lot for which a building per-
mit shall have been issued.
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2:15. One Year Guarantee of Work and Guarantee Bond. All
work and materials performed and furnished by the Developer, its
agents and subcontractors pursuant to 12.01 above, which are found
by the City to be defective within one year after acceptance
by the City shall be replaced by Developer at Developer's sole
expense. The within guarantee of work shall be secured to the
City by an irrevocable letter of credit, or a corporate surety
bond, at the election of and in an amount established by the City,
furnished by the developer to the City. Said letter of credit or
surety bond shall first be approved by the City Attorney, and
shall be in addition to, and not in lieu of any other remedies
which may be available to the City to secure any defects in
materials or workmanship.
2.16. Liability Insurance. Developer shall take out and
maintain so long as Developer's obligations continue under this
agreement, public liability and property damage insurance covering
personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its sub-
contractors or by one directly or indirectly employed by any of
them. Limits for bodily injury or death shall be not less than
$ 500,000 for one person and $1,000,000 for each occurence; limits
for property damage shall be not less than $ 200,000 for each
occurrence. The City shall be named as an additional named
insured on said policy, and Developer shall file a copy of the
insurance coverage with the City.
SECTION 3. STATUS OF SPECIAL ASSESSMENTS.
3.01. Developer Acknowledges Special Benefit. The
Developer acknowledges that the subject property derives "special
benefit," as that term is defined by present case law under
Chapter 429 of Minnesota Statutes, from the sewer lift station and
water supply facilities, trunk and lateral sanitary sewer facili-
ties, and trunk and lateral water facilities which were
constructed as a part of Chanhassen Improvement Projects. The
Developer acknowledges that the amount of such special benefit is
not less than the sum of the following amounts:
a. Levied S-,ecial Assessments:
Parcel #25-42-000-0005, Lot 80 except the west 5
feet thereof, Lots 81 to 95 inclusive, 103 to 194
inclusive, 254 to 270 inclusive, 233 to 240 inclu-
sive, and part of Lot 102, Plat of Carver Beach at
Lotus Lake:
5 sewer and water lateral assessments levied
in 1976 in the amount of $16,095.00, payable
over 15 years at 7.5% interest.
am
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9/28/82
Parcel 25-42-000-0002, Lots 37 to 63 inclusive, Plat
of Carver Beach at Lotus Lake:
Area assessments levied in 1976 in the amount of
$300.00 payable over 15 years at 7.5%
interest.
Parcel 25-42-000-0007, Lots 200-204 inclusive, Plat
of Carver Beach at Lotus Lake:
Area assessment levied in 1976 in the amount of
$680.00 payable over 15 years at 7.5% interest.
b. Deferred Special Assessments. In addition to the
foregoing levied special assessments, the subject
property is further specially benefitted by 23 off-
line sewer and water trunk units, each sewer trunk
unit valued at $320.00 and each water trunk unit
valued at $380.00, and each sewer and water trunk
unit shall bear interest at the rate of 7.5% from
October 1, 1976.
3.02. Spread and Payment of Special Assessments.
a. Sewer and Water Lateral Units: All special
assessments for said 5 sewer and water lateral
units shall be spread and assigned to the 5
specially benefitted lots within the final
plat, shall be certified to the Carver County
Auditor for collection at the time of the
recording of the final plat with the County
Recorder, and shall be payable in installments
of principal and interest over a period of
8 years after said certification.
b. Deferred Trunk Sewer and Water Units. All deferred
special assessments for sewer and water trunk units
shall be spread and assigned to the specially bene-
fitted lots within the final plat after crediting
area trunk sewer and water assessments heretofore
paid, shall be certified to the Carver County
Auditor for collection at the time of the recording
of the final plat with the County Recorder, and
shall be payable in installments of principal and
interest over a period of 8 years after said
certification.
3.03. Developer Waives Public Hearin and Right of Appeal.
The Developer waives its right to public hearing under §429.061
and 5429.071 of Minnesota Statutes and its right of appeal under
§429.081 of Minnesota Statutes as to the Deferred Special
Assessments.
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SECTION 4.
SPECIAL CONDITIONS.
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4.01. Lot Size. All lots within the plat created for
single family residential sites shall contain not less than 15,000
square feet.
4.02. Lot 12, Block 2. Until such time as downstream sur-
face water and storm sewer facilities are installed, Lot 12, Block
2 as depicted on the proposed preliminary plat, dated July 6,
1981, revised July 10, 1981, as prepared by LandPlan, Inc., shall
be reserved for surface water drainage purposes and shall be
deemed an unbuildable lot for which no building permit shall be
issued. An appropriate drainage easement granted to the City or a
restriction on the title to said lot setting forth this condition
shall be placed on record with the Carver County Recorder. The
form of such drainage easement or restriction shall be prepared
and recorded by the City Attorney at the expense of the developer.
4.03. Alignment of Nez Perce Drive. The alignment of Nez
Perce Drive bordering Lots 3, 4, and 5, Block 1 and Lots 3, 4, and
5, Block 2 of said plat shall be on a straight-line basis, i.e.
without any curvature.
4.04. Northerly Access Road, • The Developer shall dedicate a
street right-of-way 50 feet in width extending northerly from Nez
Perce Drive in order to provide future street access for proper-
ties abutting the plat on the north. Said street right-of-way
shall be between Lots 3 and 4 as depicted on the proposed prelimi-
nary plat, dated July 6, 1981, revised July 10, 1981, as prepared
by LandPlan, Inc.
4.05. Easements. The developer, at its expense, shall
acquire all perpetual easements from abutting property owners
necessary for street right-of-way and for the installation of the
sanitary sewer, storm sewer and water facilities within the sub-
ject property and thereafter shall promptly assign said easements
to the City prior to the filing of the final plat with the Carver
County Recorder. The form of such easements shall be approved by
the City Attorney.
4.06. Streets. All streets within the plat shall be dedi-
cated with a 50 foot wide right-of-way, and shall have a 28 foot
roadway surface with surmountable concrete curb and gutter. All
streets shall be constructed in accordance with City standards
approved by the City Engineer.
4.07. Park Fees. Prior to the issuance of building per-
mits for residential construction within the plat, Developer, its
successors or assigns, shall pay to the City the park fee then in
force pursuant to Chanhassen Ordinance 14-A and relevant City
Council Resolutions thereafter.
4.08. Street Maintenance During Construction. The
Developer shall be responsible for all street maintenance until
streets are accepted by the City. Warning signs shall be placed
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when hazards develop in streets to prevent the public from tra-
veling on same and directing attention to detours. If streets
become impassable, such streets shall be barricaded and closed.
In the event residences are occupied prior to completing streets,
the Developer shall maintain a smooth surface and provide proper
surface drainage. The Developer shall be responsible for keeping
streets within and without the plat swept clean of dirt and debris
that may spill or wash onto the street from his operation. The
Developer may request, in writing, that the City keep the streets
open during the winter months by plowing snow from said streets
prior to final acceptance of said streets. The City shall not be
responsible for re -shaping said streets because of snow plowing
operations if they are requested. Providing snow plowing service
does not constitute final acceptance of said streets by the City.
4.09. Street Signs. All street name and traffic signs
required within the plat at the time of City acceptance shall be
furnished and installed by the City at the sole cost of the
Developer.
4.10. Covenants and Restrictions. Covenants or
restrictions to be placed upon the lots in the subject plat shall
be shall prepared by the Developers and shallbe approved by the
City Attorney prior to recording with the County,Recorder. The
zoning ordinances and regulations of the City shall govern if
inconsistent with said covenants and restrictions to the extent
actually inconsistent; but if not inconsistent therewith, the
standards contained in said covenants and restrictions shall be
considered as requirements in addition to said City ordinances and
regulations.
4.11. Setting of Lot and Block Monuments. Developer shall
place iron monuments at all lot and block corners and at all other
angle points on boundary lines. Iron monument placements shall be
verified after construction of improvements has been completed
in order to preserve the lot markers for future property owners.
SECTION 5.
ENFORCEMENT PROVISIONS.
5.01. Reimbursement of Costs. The Developer shall reim-
burse the City for all costs, including reasonable engineering,
legal, planning and administrative expenses incurred by the City
in connection with all matters relating to the administration and
enforcement of the within agreement and the performance thereby by
the Developer. Such reimbursement shall be made within fourteen
(14 ) days of the date of mailing of the City's notice of costs.
5.02. Security for Performance P Developer. For the pur-
pose of assuring and guaranteeing to the City that the improve-
ments to be by the Developer constructed, installed and furnished
as set forth in 12.01 hereof shall be constructed, installed and
furnished according to the terms of this agreement, and that the
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Developer shall pay all claims for work done and materials and
supplies furnished for the performance of this agreement, and that
the Developer shall fully comply with all of the other terms and
provisions of this Development Contract, Developer agrees to fur-
nish to the City either a cash deposit, or an irrevocable letter
of credit approved by the City Attorney in an amount equal to 1100
of the costs of the improvements described in Section 2.01 hereof,
as estimated by the City Engineer. Upon completion of said improve-
ments, the amount of said cash deposit or letter of credit may
be reduced from time to time to such lessor amount as the City
Council deems necessary to insure performance of the Developer's
guarantee set forth in 52.15 above. The cash deposit or irrevo-
cable letter of credit provided for herein shall be in addition to
any performance bond or other security required by the
Riley -Purgatory Creek Watershed District as a condition of the
issuance of any permit by said District.
5.03. Remedies Upon Default.
a. Assessments. In the event Developer shall default
in the performance of any of the covenants and agreements
herein contained, and such default shall not have been cured
within ten (10) days after receipt by Developer of written
notice thereof, the City, if it so elects, may cause any of
the required improvements to be constructed and installed, or
may take action to cure said default, and may cause the
entire cost thereof, including all reasonable engineering,
legal and administrative expense incurred by the City, to be
recovered as a special assessment under Minnesota Statutes,
Chapter 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within sixty (60) days after its adoption. In
addition, Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien
on all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to
foreclose said lien in the manner prescribed for the foreclo-
sure of mechanic's liens under the laws of the State of
Minnesota.
In the event of an emergency, as determined by the
City Engineer, the notice requirement to the Developer shall
be and is hereby waived in its entirety, and the Developer
shall reimburse the City for any expense incurred by the City
in remedying the conditions creating the emergency.
b. Security Deposit. In addition to the foregoing,
the City may also utilize any cash deposit made or letter of
credit delivered hereunder, to collect, pay or reimburse the
City for:
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rhl 9/20/82
(1) the cost of completing the construction of the
improvements described in 12.01 above; and
(2) the cost of curing any other default by the Developer
in its performance of any of the covenants and
agreement contained herein; and
(3) the cost of reasonable engineering, legal, and admini-
strative expense incurred by the City in enforcing
and administering this contract.
C. Legal Proceedings. In addition to the foregoing,
the City may institute any proper action or proceeding at law
or at equity to prevent violations of the within development
contract, to restrain or abate violations of the within -devel-
opment contract.
SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS.
8.01. Compliance with Laws, Ordinances and Regulations;
Permits. In the development of the plat, Developer shall comply
with all laws, ordinances and regulations of, and secure all
necessary permits from the following authorities:
(1) City of Chanhassen
(2) State of Minnesota, its agencies, departments and
commissions
(3) Department of Natural Resources
(4) Riley -Purgatory Creek Watershed District
(5) U.S. Army Corps of Engineers
8.02. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it is
fee owner of the subject property.
8.03. Duration of Contract. This contract shall remain in
effect until such time as Developer shall have fully performed all
of its duties and obligations under this contract. Upon the writ-
ten request of Developer and upon the adoption of a resolution by
the Chanhassen City Council finding that the Developer has fully
complied with all of the terms of this contract and finding that
Developer has completed performance of all Developer's duties man-
dated by this contract, the Chanhassen City Manager shall issue to
the Developer on behalf of the City an appropriate certificate of
compliance.
8.04. Notices. All notices, certificates and other com-
munications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with property address as indicated
below. The City and the Developer, by written notice given by one
to the other, may designate any address or addresses to which
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notices, certificates or other communications to them shall be
sent when required as contemplated by this agreement. Unless
otherwise provided by the respective parties, all notices, cer-
tificates and communications to each of them shall be addressed as
follows:
To the City: City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
To the Developer: Carver Beach Properties
Attn: Adrian Johnson, Partner
332 Second Street
Excelsior, MN 55331
8.05. Binding Effect. This agreement shall inure to the
benefit of and shall be binding upon the City and the Developer
and their respective successors and assigns. Nothing in this
agreement, express or implied, shall give to any person,other
than the parties hereto, and their respective successors, and
assigns, hereunder, any benefit or other legal or equitable right,
remedy or claim under this agreement.
8.06. Severability. In the event any provision of this
agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
8.07. Execution of Counterparts. This agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one
and the same instrument.
8.08. Construction. This agreement shall be construed in
accordance with the laws of the State of Minnesota.
8.09. Headings. Headings at the beginning of sections and
paragraphs hereof are for convenience of reference, and shall not
be considered a part of the text of this contract, and shall not
influence its construction.
8.10. Sign Plan. Signs for the purpose of advertising the
subject property may be erected in accordance with the Developer's
sign plan only after submission to and approval by the City
Council.
-12-
rhl 9/20/82
IN WITNESS WHEREOF, the parties hereto have caused these pre-
sents to be executed on the day and year first above written.
CARVER BEACH PROPERTIES
ByW1;' -----
tner
And /<x�i'
- / Partner
CITY OF CHANHASSEN
By
Attest
Attachments:
Exhibit A: Legal Description of Lands ,
Exhibit B: Proposed Preliminary Plat, Dated July 6, 1981, Revised
July 10, 1981, Prepared by LandPlan, Inc.
-13-
11
STATE OF MINNESOTA )
ss
COUNTY OF �day
On this C232of
before me, a notary public
sonally appeared A
rhl 9/20/82
{� Zee 19 Ca-;
thin and for said County, per-
tkL- nsor✓ and
a -*Lc to me personally known, who,
being each bV me duly sworn did say that they are respectively
the Partners of the Partnership named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
partner hip and sa' d r 'czh 0,4 6^ and
/ 11-KC / acknowledged said instrument
to be the /free act and deed of said partnership.
x V x
JOANNE E. GESKE
NOTARY PUBLIC-MINNESOTA +
CARVER COUNTY Not ublic
My Commission Expires Jan. 9, 1986 2
x VWVVV .—"- x
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
On this day of , 19 , before
me, a notary public within and for said County, personally
appeared Thomas L. Hamilton and Donald W. Ashworth,, to me per-
sonally known, who being each by me duly sworn did say that they
are respectively the Mayor and City Manager of the municipal
corporation named in the.foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said munici-
pal corporation,.and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Donald W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
-14-
Notary Public
CITY OF=
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
Nod
TO: City Manager, Don Ashworth
FROM: City Engineer Bill Monk �� Eor»mi:-,ion
DATE: November 16, 1981
SUBJ: Update on Carver Beach Properties Replat
The following comments relate to the items as discussed by the City
Council on October 5, 1981 concerning the original and revised plans.
1). The revised plan introduces a "kink" into the roadway
alignment that alters the through traffic movements.
The affect of this "kink" will work to slow down the
east/west traffic while incorporating an unusual inter-
section configuration to achieve this purpose. While
I am not vehemently opposed to the alternate alignment,
I am still partial to the original plan because it
allows unemcumbered traffic, movements in the directions
of maximum flow.
2). The intersection of the proposed road with Nez Perce
allows an unrestricted movement along a sweeping curve
instead of the standard "T" intersection. I have reviewed
this aspect of the plat in some detail and concur with the
developer's proposal due to severe topographical
restrictions. I believe the -steep grades required in
all directions with a "T" intersection would create a
considerable safety hazard while the proposed curve
requires minimal area grading in comparison and still
allows for future north access..
3). My original thoughts for a northern stub were to provide
both the Owens and Troendle property with a single access
(between lots 6 and 7 on the original plan). Since that
time, the developer has worked with both parties concerning
Possible development to the north as well as having
them participate in the street vacation petition. I
now feel satisfied that the developer has addressed
the question of northern access adequately and logically
and am not prepared to out -guess the submitted development
"sketches" that do address the questions of limited
developable area and topographical restrictions of the property
to the north.
Don Ashworth
-2- November 16, 1981
4). I have done an extensive review of the existing topo
and drainage patterns as well as consult additional soil
data supplied by the developer and conclude that a structure
could be safely and economically constructed on the
east side of Lot 11 (original plan). I would therefore
revise my earlier recommendation to read that Lots 11
and 12 be combined to create one lot of record. This
would allow the developer to attempt a future lot
split if comprehensive storm sewer improvements were
ever undertaken to stabilize the existing drainge situation
within the area.
5). I have reviewed the right-of-ways targeted for vacation
as a part of this plat and conclude that the City is
doing nothing more than exchanging one system for another
that is more in keeping with overall area development.
To summarize the preceding points, I recommend approval of the proposed
plat with the original roadway alignment with consideration of platting
the northern stub between Lots 3 and 4 of Block 1. Also, that Lots
11 and 12, Block 2 be combined as one lot,and the southeastern
corner of Lot 11, Block 1, be dedicated to allow for proper
northern extension of Nez Perce in the future.
N
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Council Meeting November �5, 1982
-2-
1983 REVENUE SHARING BUDGET:
RESOLUTION #82-68: Councilman Neveaux moved the adoption of a resolution
adopting the 1983 Revenue Sharing Budget as presented in the previously
adopted 1983 Budget. Resolution seconded by Councilwoman Swenson. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson and
Councilman Neveaux. No negative votes. Motion carried.
MINUTES: Councilman Neveaux moved to table action on approving the
October 18, 1982, Council minutes. Motion seconded by Councilwoman
Swenson. Tho following voted in favor: Mayor Hamilton, Councilwoman
Swenson and Councilman Neveaux. No negative votes. Motion carried.
Amend the November 1, 1982, Council minutes by adding the following
paragraph under COUNCIL COMPENSATION, page 21: The City Manager was
questioned regarding the legality of increasing Council compensation.
The Manager stated that it was doubtful that an increase would be
allowed under State Statute for 1983 and that the earliest change
could occur would probably be 1985. If a change could occur, a motion
would be required this evening. Councilwoman Swenson stated that she
did not wish to act on this type of item without more discussion.
However, if a motion made this evening were solely for the purpose of
assuring that future discussion could occur, she would favor such.
Councilwoman Swenson moved to approve the November 1, 1982, Council
minutes as amended. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson and Councilman
Neveaux. No negative votes. Motion carried.
Councilman Neveaux moved to approve the November 3, 1982, Council minutes.
Motion seconded by Councilwoman Swenson. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson and Councilman Neveaux. No negative
votes. Motion carried.
Councilman Neveaux moved to note the October 28, 1982, Planning Commission
minutes. Motion seconded by Mayor Hamilton. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson and Councilman Neveaux. No
negative votes. Motion carried.
Councilman Neveaux moved to note the October 27, 1982 Public Safety
Commission minutes. Motion seconded by Councilwoman Swenson. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson and
Councilman Neveaux. No negative votes. Motion carried.
BILLS: Mayor Hamilton moved to approve the bills dated November 15, 1982,
as presented: Checks #14056 through #14122 in the amount of $552,980.32,
and checks #18366 through 18448 in the amount of $249,764.98. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson and Councilman Neveaux. No negative votes.
Motion carried.
CARVER BEACH ESTATES DEVELOPMENT CONTRACT: The City Planner noted that
the applicant is in disagreement with Section 3.01(a) concerning the levy
of five sewer and water lateral assessments in 1976 and Section 4.04 which
is the requirement for dedicated right-of-way to the property lying north
of Carver Beach Estates. The City is being asked to accept the area
planned for northerly access in the form of an Outlot deeded to the City as
Council Meeting Novemoer 15, 1982
opposed to the typically required dedicated right-of-way.
denial of this request for reasons that the dedication of
for future access is on a plat removes future encumbrances
ability to improve such access at an appropriate time, and
should not imply conditions for the future development of
outside of an area proposed for platting.
-3-
Staff recommended
right-of-way
on the City's
that the City
properties
A letter was received,from Cheryl and Walt Hobbs expressing issues that
will have to be resolved, between himself and the owners of Carver Beach
Estates, prior to Mr. and Mrs. Hobbs signing the plat. Mr. Hess,
representing the developer, stated there is nb difficulty with what Mr.
Hobbs is requesting. Final plat approval is needed so that final design
of the road can be completed to know what the road grade will be at Mr.
Hobbs' property so they can tell him how much filling will be done, how
much landscaping will be done, how much restoration there will be, and
what grade his driveway will be.
Councilwoman Swenson expressed concern that the location of Outlot A
would not serve both the Troendle and Owens properties to the north.
Mr. Hess explained that Outlot A does serve the Owens property. The
developer has an agreement with Mr. Troendle to provide access through
a lot in the plat.
Councilman Neveaux moved to table action until staff has a report to
the Council addressing the concerns expressed by the Council in regard
to the development contract dated September 20, 1982, specifically
Section 4.04. Motion seconded by Mayor Hamilton. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson and Councilman Neveaux. No
�egative votes. Motion carried.
POSITION PAPER ON STATUS OF THE DOWNTOWN REDEVELOPMENT PROJECT:
Councilman Neveaux moved to affirm a positive position on the paper as
presented by the Downtown Project Steering Committee dated November 2,
1982. Motion seconded by Councilwoman Swenson. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson and Councilman Neveaux. No
negative votes. Motion carried.
NORTH SERVICE AREA: The Council reviewed a recent court decision regarding
assessments in the North Service Area. Richard Comer asked if interest
would be accumulating on these assessments. The City Manager stated that
the interest has been and will continue to accumulate. The City has sold
bonds to finance the project and is paying interest on these bonds. No
action was taken.
DRAINAGE IMPROVEMENT PROJECT, TID #2:
RESOLUTION #82-69: Mayor Hamilton moved the adoption of a resolution
approving the project and authorizing the preparation of plans and
specifications. Resolution seconded by Councilman Neveaux. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson and Councilman
Neveaux. No negative votes. Motion carried.
ZONING ORDINANCE AMENDMENTS #47-AF AND #47-AE: Councilman Neveaux moved
to table action until and quorum of 4/5 is present. Motion seconded by
Mayor Hamilton. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson and Councilman Neveaux. No negative votes. Motion
carried.
690 COULTER DRIVE + P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: William Monk, City Engineer
DATE: November 10, 1982
SUBJ: Carver Beach Estates
During preparation of the development contract and plat for this
subdivision, two issues eluded agreement and -require Council
clarification prior to final drafts of either document being
completed. The issues are as follows:
1. Since the platting of this property is contingent upon the
vacation of an existing street right-of-way (unimproved)
along the north line of the plat, the City is required to
provide for an alternate means of access to the parcel to the
north. This would normally be achieved by dedicating a
right-of-way stub on the plat so that no additional documents
are required and the future extention is in no way encum-
bered. The developer's request of deeding the right-of-way
to the City as an outlot is not unheard of, but to condition
actual construction upon the details of future platting is to
be avoided and left as a matter for private agreements bet-
ween property owners.
2. when sanitary sewer and water facilities were installed in
1976 (shown as dashed lines on attached map), five lateral
unit assessments were levied against a portion of the pro-
perty proposed for replatting. These assessments are pro-
posed to be redesignated to the benefitted lots within the
new plat under provision 3.02(A) of the development
contract. This is consistent with past City actions,
however, in this instance the developer is required to extend
lateral lines (shown as solid line on attached map) that will
cause Lots 3,4,5, and 6 of Block 2 to have double frontac— on
public utilities. This is indeed a regretable situation,
but I do not agree that the benefit to these lots is totally
negated due to the way the property is being platted. The
City did its best to allow for potential devleoment and the
existing services will adequately service the proposed lots.
For the reasons stated above, I recommend the development contract
remain in its present form and that Outlot A on the plat be
deleted and shown as dedicated right-of-way.
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"N
REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 16, 198,
Mayor Hamilton called the meeting to order with the following members present: Councilwoma
Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with the Pledge
to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with
the addition of a report on Lot 12, Auditor's Subdivision #2 and remove item d. Close
Various Escrow Accounts, from the Consent Agenda for discussion. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried.
PUBLIC HEARING
CARVER BEACH STREET VACATION
CARVER BEACH PROPERTIES
Mayor Hamilton called the public hearing to order with the following interested persons
present:
Don Hess, Landplan, Inc.
Adrian Johnson, 20565 Carson Road, Excelsior
Joe Troendle, 1015 Pleasant View Road
Howard Noziska, 1120 Hesse Farm Road
Kayor Hamilton - We want to be sure that we don't include in the street vacation anything
having to do with Western Drive.
Bill Monk - That's been dropped from the petitioner's request.
tussell Larson - With respect to that vacation, I would feel much more comfortable,
I realize that the Troendles and the Owens have executed a petition but
because of the nature of the purchase agreements and the other documents
in the entire platting process I would prefer to have them execute
a special dated consent to the vacation with reference to the legal
description. This to be executed by the Troendles and Owens as husband
and wife. They own the abutting properties in Vineland as well as they
own properties in Carver Beach. I am concerned about the Vineland -
properties.
;ouncilwoman Swenson - If we have the potential landlocked property here, I would want
to make absolutely certain that the Troendles have access to
their property. I understand that they own a piece of property
on both sides of the road that's to be vacated.
tussell Larson - Troendle owns, in Carver Beach, Lots 37 to 63 and the Owens own Lots 1
to 36 in Carver Beach.
;ouncilwoman Swenson - Do you know at this particular time if the Troendles have
negotiated any kind of an agreement in regard to an access or an
easement up to their property. Joe (Troendle), are you satisfied
with the arrangements that you have made with the developer
with regards to access to your property?
foe Troendle - Yes, I think I am.
;ouncilwoman Swenson - If you are satisfied then I have no further questions.
;ouncilman Geving - Russ, when we vacate a piece of property, that property that was
supposedly owned by the City as a right-of-way, correct?
:ussell Larson - Right.
:ouncilman Geving - It reverts to property owners on either side of the road. Do we
at the same time get any guarantees for a possible right-of-way
access for sewer and water line or anything that we have to put down?
:ussell Larson - Are there sewer and water lines in there?
sill Monk - Yes. Sewer and water easements would be retained on the plat. We would not
be giving up easements, just the roadway right-of-way.
ussell Larson - The language of the vacation has to be explicit in setting that out.
Council Meeting Novembe 16, 1981 -2If
-
Councilman Geving - That's my one concern when we give up property like this.
Councilman Neveaux - As I understand it we are not going to vacate all of that
northerly road. We are only going to vacate it up to the
area between Lots 8 and 9.
Russell Larson - That's correct.
Councilman Horn - Would you point out on this map Bob, exactly what we are talking "
about.
Bob Waibel - We are talking about, in its entirety, Narcissus Road. Summit Drive
from Western Drive north to'Narcissus Road. Maple Road from Nez Perce
to Summit Drive and the road designated as Road as part of the Vineland
Plat from Lot 9 west to Powers Blvd.
Councilman Neveaux - On vacation, half goes to the property on one side and half
goes to the other, right?
Bob Waibel - Part of the purchase agreements, as I understand it, would be that
Carver Beach Properties would purchase the vacated rights -of -way
including the properties that are owned by Owens and Troendle along
the northern tier of Carver Beach plus the vacated rights -of -way
of this road as a part of Vineland Plat to make up the 10.7 acres
within the entire plan.
Councilman Horn - You mean we are giving this property to the Owens and the Troendles
and the developer is buying it.
Bob Waibel - The plan that you have been reviewing which was based on the July 6
preliminary plat did anticipate the purchase of this northern section.
The property would be purchased and the vacated portions of the road
would be purchased to make up the entire boundary of this plat.
Councilman Geving - Why is it being handled this way? Why couldn't we sell it?
Don Ashworth - We have consistently looked to insuring that roads are set aside
to carry out overall plans in this area. In any type of a vacation
request the city is receiving back the right-of-way for the proposed
road systems through there. It may or may not be a push situation
but you are looking to accomplish an overall road system. I have never
seen a city become involved with a sale to one person anticipating
something back.
Russell Larson - Actually in this case you are really trading roads.
Councilman Neveaux - These have always been paper streets. There hasn't been any
City involvement with any expense of any kind as far as
maintenance.
Russell Larson - My only point in bringing it up is to take special pains that the
correct legal description of these vacations are included in
whatever action you might take and that there be specific consents
from Mr. and Mrs. Owens and Mr, and Mrs. Troendle with respect
to Vineland.
There being no further comments, Councilman Geving moved to close the public hearing.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Hearing closed at 7:50 p.m.
CARVER BEACH STREET VACATIONS:
RESOLUTION #81-395: Councilman Geving moved the adoption of a resolution approving
the vacation of Narcissus Road, Summit Drive from Western Drive north to Narcissus
Road, Maple Road from Nez Perce to Summit Drive and the road designated as Road as
a part of the Vineland Plan from Lot 9 west to Powers Blvd. A special dated consent
to the vacation be executed by Mr. and Mrs. Joe Troendle and Mr. and Mrs. Arthur
Owens. Resolution seconded by Councilman Horn. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negative votes. Motion carried.
Council Meeting Novembc 16, 1981 -3-
PRELIMINARY PLAT, CARVER BEACH PROPERTIES: Councilman Horn asked if the the Planning
Commission had discussed the issue of the Walter Hobbs and Henry Coudron driveways
being placed to the new proposed road instead of their current accesses onto Powers Blvd.
Howard Noziska, Planning Commission, explained that they felt that the Hobbs property
could gain access on the new road but that the Coudron property could present problems
by having to cross other private properties. Don Hess explained that the developer will
ask Mr. Hobbs to become a part of the plat. Mr. Hess further stated that there are
some severe grade problems in having the Coudron driveway access onto the new street.
Discussion was held on whether Lots!11 and 12, Block 2, are buildable. The City
Engineer recommended two alternatives, one being that both lots be combined into one
lot or to plat Lot 11 and have Lot 12 as an outlot. The outlot could not be built
on until such time as drainage improvements were put through the entire area. The
City Attorney stated that if proposed Lot 12 is to be a ponding area,he would like to
have the City hold a easement over it for drainage purposes. If and when the City
installs a storm sewer in the area the easement could be released.
The City Engineer recommended that the access road to the north be between Lots 3
and 4 on the original plan as a 900 intersection.
Councilman Neveaux moved to approve the preliminary plat for Carver Beach Properties
dated July 6, 1981, revised July 10, 1981, and to accept the City Engineer's report
of November 16, 1981, wherein he outlines four specific points that relate to
modifications on the plat which should be incorporated. Lot 11, Block 2 will be
a buildable lot and Lot 12, Block 2, will become an outlot with a drainage easement
across the entire outlot and further consideration that none of the lots in the
replat be less than 15,000 square feet. Approval from all appropriate regulatory agencies
is required. Motion seconded by Councilwoman Swenson. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
MINUTES: Councilman Geving moved to approve the October 13, 1981, Council minutes.
Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Geving and Horn. Councilman Neveaux abstained. Motion
carried.
Councilman Horn moved to note the October 21, 1981, joint Council/Planning Commission
minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
Amend the October 26, 1981, Council minutes under CARVER COUNTY ASSESSOR by adding
the following: Councilman Neveaux stated that he was not necessarily in agreement
with some statements that were made in a letter to Chairman Neaton in regard to the
assessor.
Councilman Neveaux moved to approve the October 26, 1981, Council minutes as amended.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson abstained. Motion carried.
Councilman Neveaux moved to note the November 3, 1981, Park and Recreation Commission
minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Scott A. Martin, Community Development Director
DATE: May 18, 1983
SUBJ: Private Use of Lotus Lake Shoreline in Carver Beach Area.
As you directed, I contacted Roger Knutson today concerning the
best approach to enforcement of the City Council's policy which
prohibits the installation of private docks and the mooring or
storage of watercraft on City (Public) property (i.e. Carver
Beach Park property).
Mr. Knutson recommended that one additional contact be made with
each offender to remind them of their responsibility to remove
personal property from City Parkland and to seek their cooperation.
This contact should also advise each party that the City fully
intends to remove any personal property remaining on public pro-
perty as of a specific date.
Roger said that removal of offending personal property and
impoundment by the City is a better approach than issuing a
citation under the circumstances. He felt that prosecution
of offenders via the citation process would be unnecessarily
cumbersome and exuensive for the City, and would be less likely
to yield the desired results. George Donnelly will be preparing
the letters and will be attempting to contact each offender by
telephone before City crews are dispatched to remove private
property which remains in the park as of June 1st.
Please advise me as soon as possible if you have any problems
with this approach.
Manager's Comment: I asked Scott to prepare the above memorandum
and to delay the forced removal date so as to insure that I could
pre -warn the city council. Items to be removed include:
1 dock and boat - Gordon Tock
1 swimming raft - Roger Byrne
1 boat - Harrison Winter
Removal of the swimming raf t and/or the dock are likely to be
sympathy issues. Mr. Tock clearly posted his "handicapped" sign
adjacent to his dock - such having nothing to do with said dock.
I will not jeopardize the safety of our maintenance crew. Two
police officers will be dispatched with the maintenance men at
time of seizure of the property.
I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 3, 1983
Mr. Gordon Tock
6640 Lotus Trail
Chanhassen, MN 55317
Dear Mr. Tock:
The City Council on February 7, 1983, moved unanimously to adopt
a policy "to allow no docking, no storage or mooring on any
public property". City staff has been instructed to enforce this
policy.
Therefore, please be advised that you will no longer be able to
use the shoreline in front of your home for any of the above"
uses as this land is park property and thus public property, and
you will have ten (10) days from the date of this letter to
remove any boats, docks or other personal items from City Park
property.
If you have any questions, please feel free to contact me at
937-1900.
Sincerely,
George Donnelly
Building Official
GD : v
CITY OF A`„s,
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 19, 1983
Mr. Jack Hendrickson
Carver County Sheriff
Carver County Courthouse
600 East Fourth Street
Chaska, MN 55318
Re: Permits to Place Temporary Structures in Chanhassen Lakes.
Dear Sheriff Hendrickson:
In response to your recent correspondence to Don Ashworth con-
cerning the issuance of permits for placement of structures in
Carver County lakes, please be advised that the City of
Chanhassen has a proposed "Water Surface Usage Ordinance" pending
which provides for the regulation of temporary and permanent lake
structures of the type permitted by the Carver County Sheriff's
Water Patrol.
A copy of this ordinance was provided to a member of the Water
Patrol (I apologize for not remembering the deputy's name) during
a Chanhassen Lake Study Committee meeting.on April 28, 1983.
A copy of the proposed ordinance, which is scheduled for public
hearing on June 6th before the Chanhassen City Council, is
enclosed for yourreference. The City would appreciate your
using this ordinance as a "guideline" in the review of permit
applications until it is adopted by the Council.
Once adopted, a fully executed copy of the ordinance will be for-
warded to your office.
Also, it has come to my attention that residents living in the
Lotus Trail area of the Carver Beach neighborhood have made
application for temporary structure permits for placement of
mooring buoys and a swimming raft in Lotus Lake, adjacent to
public parkland. Please be advised that no structures of any
kind will be permitted in this area by the City. Enclosed is a
map showing the boundary of Carver Beach Park.
,Council Meeting May 16, 1983
Councilwoman Swenson - We are in effect accepting the feasibility of 1980.
How is that going to bind us to a feasibility study of 1983?
Bill Monk - This is not really a feasibility study. This is just a report
based on that feasibility study. The feasibility remains unchanged. It
was just an updating of some of the costs included in this report.
Councilman Geving moved to close the public hearing. Motion seconded by
Councilwoman Watson. The following voted in favor: Mayor Hamilton,
Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative
votes. Motion carried.
PARK ONE IMPROVEMENTS:
RESOLUTION #83-26: Councilman Horn moved the adoption of a resolution
ordering public improvements and preparations of plans for Park One.
Resolution seconded by Councilwoman Watson. The following voted in favor:
Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and
Horn. No negative votes. Motion carried.
MINUTES: Add the following sentence under CITY ATTORNEY in the May 2,
1983, Council minutes: Councilwoman Watson voted no because she would
prefer to see more than one bid if the Council is doing this on a cost
basis.
Mayor Hamilton moved to approve the May 2, 1983, Council minutes as
amended. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving
and Horn. No negative votes. Motion carried.
Mayor Hamilton moved to note the May 3, 1983, Park and Recreation
Commission minutes. Motion seconded by Councilwoman Watson. The following
voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Geving and Horn. No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN, CARVER BEACH ESTATES: Councilman Geving moved to
table action to June 6, 1983. Motion seconded by Councilwoman Swenson.
The following voted.in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Geving and Horn. No negative votes. Motion carried.
BILLS: Councilwoman Swenson moved to approve the bills as presented:
checks #14520 through #14586 in the amount of $192,376.44 and checks #18883
through #18960 in the amount of $1,853,375.18. Motion seconded by Mayor
Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen
Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion
carried.
STREET FRONTAGE VARIANCE REQUEST, TRACT B, REGISTERED LAND SURVEY 29:
Steven Emmings is seeking approval to construct a home at 6350 Greenbriar.
The property does not front on a public street and access would be via a
easement across Tract C. The Board of Adjustments and Appeals recommended
approval of the variance as requested.
"I
Councilwoman Swenson moved to accept the Board of Adjustments and Appeals i
recommendation and permit the building permit with street frontage variance
request for Tract B, Registered Land Survey 29, Steven Emmings. Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No
negative votes. Motion carried.
Council Meeting May 16, 1983
COUNTY POLICY_ SERVICES CONTRACT ADVISORY COMMITTEE: Mayor Hamilton noted
that he will ask Candy Takkunen if she would be interested in serving on
this committee. Councilman Horn stated that his wife would like to serve.
EAGLE SCOUT: Mayor Hamilton attended the Eagle Scout Ceremony for Mark
Corpron.
BOARD OF REVIEW MEETING: Councilman Geving requested information from the
County Assessor prior to the Board of Review meeting on May 23rd, i.e.
sales information, property values, explanation of lakeshore valuation,
what level (85%,90%) of valuation and is it uniform throughout the county.
STREET MAINTENANCE: Councilman Geving noted a lot of street maintenance
going on and wondered how it was going to be accomplished and stay within
the budget. Bill Monk stated the Maintenance Department will do as much as
possible and still stay within the budget.
SIGN ORDINANCE AMENDMENT PROVIDING FOR OFF -PREMISES TEMPORARY REAL ESTATE
SIGNS AND ADMINISTRATIVE ISSUANCE OF SIGN PERMITS: Councilman Geving moved
to approve Sign Ordinance 36-E. Motion seconded by Mayor Hamilton. The
following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen
Geving and Horn. Councilwoman Swenson voted no. Motion carried.
BEACH PARK PROPERTY: Mayor Hamilton noted that persons are not
removing their boats and docks from the park property. Scott Martin stated
there is one swimming raft, dock and boat remaining. The City Manager
stated he has sent a letter to the owner of the swimming raft requesting
a letter from the owner stating that they want to continue with the
swimming raft. The City Manager will then put this on a future Council
agenda to clarify whether or not the Council motion included swimming
rafts along with the storing and mooring of boats.
Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Geving and Horn. No negative votes. Motion carried.
Meeting adjourned at 9:45 p.m.
Don Ashworth
City Manager
Council Meeting Me 2, 1983
AWARD OF BIDS - RICE MARSH LAKE DRAINAGE IMPROVEMENT PROJECT: Thirteen
bids were received ranging from $167,994.85 to 226,236.00. The Engineer
recommended that a contract be awarded to the low bidder, W. & G. Rehbein
Bros, Inc. in the amount of $167,994.85.
RESOLUTION #83-21: Councilwoman Watson moved the adoption of a resolution
awarding the bid to W. & G. Rehbein Bros. Inc. in the amount of $167,994.E
for Rice Marsh Lake Drainage Improvement. Resolution seconded by
Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative
votes. Motion carried.
MINUTES: Councilwoman Swenson moved to note the April 26, 1983, Public
Safety Commission minutes. Motion seconded by Councilwoman Watson. The
following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson
Councilmen Geving and Horn. No negative votes. Motion carried.
Councilwoman Swenson moved to note the March 8, 1983, March 29, 1983,
April 5, 1983, and April 12, 1983, Environmental Protection Committee
minutes. Motion seconded by Councilman Horn. The following voted in
favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving
and Horn. No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN APPROVAL, CARVER BEACH ESTATES: This item was
deleted from the agenda.
AMENDMENTS TO ORDINANCE 45, REGULATING DEVELOPMENT IN UNSEWERED-AREAS:
Several residents were present.
Mayor Hamilton - What you have now is as the council had asked it to be
presented to us.
Councilwoman Swenson - I think, in reading the Manager's report, I have to
agree that I think there is definitely a problem between the acceptance
of what we have here and some form of regulation or orderly control and
I would go back to the suggestion that we incorporate Ordinance 33 which
refers to a great extent to the unsewered and unwatered areas just as well
as to the sewered areas. There are perhaps a few things that would have
to be amended but I think it would be perhaps a wise thing to consider
incorporating Ordinance 33 and anything applicable to the unsewered
areas with the same restrictions that we have for subdivisions so that
the city does in fact maintain the opportunity for orderly development
in the unsewered areas.
Councilman Horn - When you are talking about subdivisions are you talking
about what was referred to in here and more than three units within a
specified area?
Councilwoman Swenson - I would assume so. I think that you would find
that all of this is included in 33 and the only thing that we would be
adding the 64C. We would be incorporating the subdivision regulations
for the unsewered areas as well as the sewered areas which, in fact, is
already here.
Councilman Horn - That, again, is defined in section 2.02 of 45A as a
subdivision being two or more new lots.
Councilman Geving - Are you proposing something tonight that the Planning
Commission hasn't addressed at all?
CITY OF a4- 5-*
�'"`P�
CHANHASSEN �
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 3, 1983
Mr. Glen Grenier
6630 Lotus Trail
Chanhassen, MN 55317
Dear Mr. Grenier:
A N i f
�o.P/ :S ssd
w: �.,, - A,. A. 1 r.,
The City Council on February 7, 1983, moved unanimously to adopt
a policy "to allow no docking, no storage or mooring on any
public property". City staff has been instructed to enforce this
Policy.
Therefore, please be advised that you will no longer be able to
use the shoreline in front of your home for any of the above
uses as this land is park property and thus public property, and
you will have ten (10) days from the date of this letter to
remove any boats, docks or other personal items from City Park
property.
If you have any questions, please feel free to contact me at
937-1900.
Sincerely,
George Donnelly -
Building Official
GD:v
u�
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: William Monk, City Engineer
DATE: May 12, 1983
SUBJ: Carver Beach Properties
It appears that the necessary agreements are currently being
drafted to resolve the Troendle access situation. However,
staff will not have time to sufficiently review the documenta-
tion for this agenda, therefore, Council review of this matter
will have to be rescheduled until June 6.
/l
Flay 10, i 983
Mr. Don Hess
Land Plan, Inc.
401 Townes Road
Wayzata, Minnesota 55391
Dear Mr. Hess:
Attached is a copy of a letter sent
16 October 1982 stating the current
Beach Properties. Since that time,
further contact with you on the sub
before the council and stated that
grading, etc.
Having had no discussion with you ovi
been inconvenienced last year by your
improve our driveway, plant a garden,
belief that construction was to start
letter is to notify you of the follow
1. In the event that you respond to t
October letter, my wife and I will
or signing a plat.
,'' 1 q
5,4
?ver
en
ding
ng
it
,_W"s in our
u rushed into making a decision
2. We expect to enjoy this summer free of construction and will do those
things we did not do last year; therefore, any agreement on our plat
would stipulate no construction to begin until October 1. 1983•
My wife and I value our Minnesota summers and do not feel our position
unreasonable as seven months have passed without discussion or communciation
regarding this issue between the principals involved.
Walter B. Hobbs
cc: Chanhassen City Council
RECEIVED
MAY 13 IM
CITY OF CHANHASSEN
To: ma;,or and City Council
Froms Cheryl and 'Walt Hobbs
6671 Powers Blvd. '
Chanhassen, Mn. 55317
Date: Oct. 16, 1982
Subject: Carver Beach Estates Subdivision - Planning Case 78-19
We understand that the above issue will be coming before the City
Council in the near future. Because of this we would like to advise
you of the current status of our negotiations with the developer.
In the spring there were four issues being discussed that were not
resolved. These were:
1. Road alignment across Hobbs property
2. Grading plan showing impact of development and internal
grading on Hobbs property
3. Plan on proposed driveway construction and landscaping
to be installed by developer on Hobbs property
4. Contract between developer and Hobbs to insure that
all items that have been discussed are agreed to in
contract form with provisions for establishment of
an escrow account to insure performance
As of this date only item number 1 has been settled (see attached).
Several meetings were held with Mr. Don Hess with regard to the road
alignment. After reaching agreement we have had no contact with
any of the principals with the exception of one phone call asking
if we wished to become a part of the Carver Beach Estates Plat.
Until all four of these areas are concluded to our satisfaction we
have no plans to co-sign any plat dealing with this development.
The purpose of this letter is informational only and we are not
requesting any action by the City Council with regard to our business
dealings with Carver Beach Properties.
Sincerely;
Cheryl and Walt Hobbs
cc Mr. Don Hess
Land Plan Inc.
401 Townes R oad
Wayzata, Mn. 55391
CITY OF � 10w
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 4, 1983
Mr. Gary Larson
Attorney at Law
464 Second St.
Excelsior, MN 55331
Dear Mr. Larson:
As per our recent phone conversation, I am awaiting delivery of
the option agreement between Carver Beach Properties and Mr. Joe
Troendle concerning access to Lot 8, Vineland Addition. I
believe such an agreement would finalize the access question and
allow for approval of the plat. However, the agreement must be
executed and received by the City by May 10 if the item is to be
scheduled for the May 16th City Council agenda.
Also, I have been advised that the escrow account covering City
legal expenses for this project is presently in a deficit posi-
tion. This situation must be corrected prior to finalizing the
assessment and access matters. Questions concerning the escrow
should be directed to the City Treasurer.
Should you have any questions concerning the access or assessment
matters, please let me know so we'can resolve this situation as
quickly as possible.
Sincerely,
William Monk
City Engineer
WM:k
cc: Don Ashworth, City Manager
Adrian Johnson and Nancy Raddohl, Carriage House Realty
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: May 2, 1983
SUBJ: Final Develompent Plan Approval, Carver Beach Estates
This office deleted this item from the agenda after publication.
We will attempt to notify potentially affected parties of the
deletion.
The primary area of concern regarding the Quady development
contract has been the effect of this development on Mr. Troendle.
Mr. Troendle has stated his satisfaction with the purchase
agreement between himself and the Quady property owners.
Additionally, a three party agreement has been developed and
agreed to assuring that the road could be constructed to the
Troendle property should the preferred road alignments not occur.
The final document, which was anticipated to be received, was a
perpetual easement for road purposes given to Mr. Troendle from
Mr. Johnson. This document is believed to meet the concerns of
the city attorney. However, the perpetual easement agreement was
not received so as to allow reviewal by the attorney as a part of
packet enclosures. Therefore, again, the item was deleted from
this agenda.