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78-19 - Carver Beach Replat SUB pt 2CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 11, 1983 Mr. Adrian Johnson and Ms. Nancy Raddohl Carriage House Realty and Investments 332 2nd Street Excelsior, MN 55331 Dear Mr. Johnson and Ms. Raddohl: Since our meeting with Mr. Larson and Mr. Troendle, I have been notified that the April 18th City Council meeting has been cancelled. All regular business items have been rescheduled to the May 2nd meeting. I realize this represents an additional delay, but it is unavoidable. Staff will continue with the agreement preparation as we discussed and attempt to have copies available within a few days. Should you have any questions, please let me know. Sincerely, 4 William Monk City Engineer WM:k cc: Russell Larson, City Attorney Joseph Troendle, 1015 Pleasant View Road, Chanhassen LARSON SC MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333-I5 II OF COUNSEL April 6, 1983 HARVEY E. SKAAR MARK C. McCULLOUGH Tom Hamilton 224 Chan View Chanhassen MN 55317 Re: Carver Beach Properties Dear Tom: I believe it is appropriate at this time to update certain issues relevant to the handling of the above platting proposal. As you know, Craig was in attendance at the April 4, 1983, meeting of the Council when the Carver Beach Associates plat again came before the Council. (I had planned to attend but Don advised me that the matter would be tabled and my appearance was not necessary.) From Craig's report to me, it appears that the developers are still not ready to attack their land title problems. Ordinance 33 requires the developers to furnish proof of good title to all of the property proposed to be platted. Carver Beach Properties has been aware of this requirement from the onset of the City's review process. Months ago, City staff made the developers specifically aware of the requirement that they acquire the property interests of the Owens and the Troendles and Hobbs. As you are aware, the proposed plat encompasses lands owned by Walt Hobbs, Joe Troendle, Art Owens, their spouses, and the partnership of Carver Beach Properties. Additionally, the undertaking involved the vacation of a portion of the unnamed platted street lying between the north line of Carver Beach and the south lines of Lot 7 (Owens) and Lot 8 (Troendle), "Vineland." The appropriate consents to this vacation were duly submitted and approved by this office but to be held unrecorded until the final plat is approved. Notwithstanding the fact that the Owens and Troendles consented to the road vacation, and would be required to sign the plat, it is our view that the Troendles should be made aware of the fact that by approval of the plat by the City, access from their Lot 8 to Nez Perce Drive would be cut off. The fact situation as it now stands is a parallel to the Lotus Lake Estates/Lovetang matter where the City was joined in litigation on an alleged claim of denial of access because of plat approval. In order to avoid any future claim or misunderstanding, I have requested a specific release of claims by the Troendles against the City flowing from plat approval which shows no access to Lot 8. Tom Hamilton April 6, 1983 Page Two Throughout the planning process we (City staff) had been assured by the Carver Beach Properties (CBP) people that southerly access to Nez Perce Drive would be provided from Lot 8 for Mr. Troendle. To support this position and as evidence thereof, CBP submitted the attached purchase agreement of November 29, 1982. It is our opinion that this document is not adequate to clarify the access question, and I have repeatedly so advised CBP of my concerns regarding this question. Further, as the City is not a party to the agreements between CBP and the property owners, it has no voice in the relationships between the parties to the agreement; for example, agreements can be amended or revoked without any knowledge thereof given to the City. This would leave the City in an exposed position, and one which I have attempted to eliminate by the release from the Troendles to the City, which, -incidentally, was drafted at the expense of CBP. In an effort to resolve the Troendle access question, CBP, on March 29, 1983, submitted the attached "easement" dated March 24, 1983. This document is inadequate for the purposes intended for the reasons that (a) it does not define the nature or purpose of the easement; (b) its duration is not expressed; (c) it is not in proper form for recording with the County Recorder;:and (d) it has not been accepted by the Troendles. We have just received a copy of the Owens purchase agreement bearing Mrs. Owens' signature which had been lacking on all earlier purchase agreements given to us. The Owens property is in joint tenancy and it is essential that both owners sign the agreement. This objection has now been removed. In summary, the Council correctly tabled this matter. It is the developer's responsibility to acquire the necessary ownership interests in the subject property, including a release of damage claims by Troendles for the loss of road access to their abutting properties. (Even if Mr. Troendle were to sign the plat, which appears doubtful at this point, the City cannot safely grant final approvals absent a Release of Claims signed by the-Troendles.) There remains, therefore, the issue of the access release by Troendles, This could be resolved by the formal release which I have drafted, or by a letter from Mr. and Mrs. Troendle to the City releasing the City from all claims concerning access by reason of plat approval. Very my yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:ner enc CARRIAGE HOWS-l'-- REALTY & INVESTMENTS, INC.Q 3/1F�a3 • 1 March 24, 1983 Mayor of Chanhassen City of Chanhassen 690 Coultier Drive Chanhassen, Minnesota 55317 Attn: Mr. Don Ashworth City Manager SUBJECT: Lot 5, Block 2, Carver Beach Estates Plat We, Adrian T. Johnson and Nancy K. Raddohl,'partners of Carver Beach Properties, a Minnesota partnership, hereby grant to Mr. and Mrs. Joseph Troendle a "temporary easement" across Lot 5, Block 2, Carver Beach Estates: This easement is granted as public record to be recorded until such time an alternative access to Lot 7, Vineland is established. Sincerely, Adrian T ohnson CARVER ,,/CH PROPERTIES Nancy Raddohl CARVER BEACH PROPERTIES AJ:_NR:cs l RECEIVED [AAR 2 9 1983 CITY OF CHANHASSEN ___ - 332 2nd. Street, Excelsior, MN. 55331 (612)474.0894 CITY OF s 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: 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. CARRIAGE HOUSE_ REALTY & INVESTMENTS, INC. March 24, 1983 Mayor of Chanhassen City of Chanhassen 690 Coultier Drive Chanhassen, Minnesota 55317 Attn: Mr. Don Ashworth City Manager SUBJECT: Lot 5, Block 2, Carver Beach Estates Plat We, Adrian T. Johnson and Nancy K. Raddohl, partners of Carver Beach Properties, a Minnesota partnership, hereby grant to Mr. and Mrs. Joseph Troendle a "temporary easement" across Lot 5, Block 2, Carver Beach Estates. This easement is granted as public record to be recorded until such time an alternative access to Lot 7, Vineland is established. Sincerely, r � Adrian T ohnsonL <- CARVER ACH PROPERTI ES Nancy Raddohl CARVER BEACH PROPERTIES AJ:NR:cs RECEIVED [AAR 2 9 1983 CITY OF CHANHASSEN 332 2nd. Street, Excelsior, MN. 55331 (612)474-0894 CARRIAGE HOUSE REALTY & INVESTMENTS, INC. March 10, 1983 TO: Mayor of 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, 198.2.) We are requesting again that this matter be brought before the next council meeting. Thank you. Sincerely, Nancy ddo 1 CARVER BEACH PROPERTIES NR:cs Attachment RF-CE{V D MAR 141983 CITY OF. CHANHASSEN 332 2nd. Street, Excelsior. MN. 55331 (612)474.0894 RRIAGE H®US` REALTY & INVESTMENTS, INC. G February 28, 1983 Mr. Bob Waibel City of Chanhassen 690 Coulter Chanhassen, Minnesota 55317 Dear Mr. Waibel: Attached are the most recent purchase agreements signed by Mr. and Mrs. Troendle for the purchase of their property. It was my understanding the City Attorney requested the above. Please forward to him and schedule us for the next council meeting for final plat approval. We will be waiting to hear from you regarding this date. If further information is needed, please give me a call. Thank you. Sincerely, Nancy Rs dohl NR Attachments CITY OF CHANHASSEN LIAR 293 COMMLNITY DEVELOPMENT DEPT 332 2nd. Street, Excelsior, MN. 55331 (612)474.0894 euPY c In, Copy PURCHASE AGREEMENT Form Approved By Greater Minneapolis Area Board of RIEALTORS,� REACTOR 4REViSED JULY. 1978) Excelsior Minn_.Nom....29 ............................ 19.az RECEIVED OF .......Adrian T...Johnson ..... .... .............................................. I ............. ...... ......................... ...................... the sum of ....... ........................................ (S.5.00-OiCt .......... ) DOLLARS ... Check "' ..... ****- * . ...... ............ ........ 10 earnest money and in part payment for the purchase of property at (Cheek, Cash, to be deposited upon acceptance, or Note— Star, Which) Carver,. B.ea.cChan .h_.bj4��afm .... ......... .. ........... ..... ...... .... ......... . ....... .................. .......... . . ..... .... situated in the County of ...Carver . . ............ . ..... ....................... State of Minnesota, and legally described as follows, to -wit; Lots 37-63, Carver Beach including all garden bulbs, plants, shrubs and trees, all storm sash, sturin doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: 7 all of which property the undersigned has this day sold to the buyer for the sum of: ........... . .. .. ..... .................... ($400o.00 DOLLARS, which the buyer agrees to pay in the following manner: S,,ina La t Earnest money herein paid SQ.QQQ ..... and 3500.- 00....... cash, on 60..days. from filingo i IF. It e 0 sing. This offer is contingent upon City of Chanhassen approval as necessary for final Plat. rezoning and road vacations for development; this offer is contingent upon proper soil sample tests. Buyer to pay all survey costs and soil samples. (This offer is contingent upon sellers signing a city construction development contract prior to closing.) This offer contingent upon sellers approval to his satisfaction that his land will be developable. Subject to performance by the buyer the seller agrees to execute and deliver a W-rarry Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following c.ceplaor": (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating rouse or improvement of premises without effective forfeiture provision. Real Estate Taxes due and payable (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d ) Utility and drainage easements which do not interfere with present improvements. in calendar year 1983 to be prorated Z-,. (e) Rights of tenants as follows: (unless specified, not subject to t of I) as of date c los ing. The buyer shall pay the real estate taxes due in the year paid instAlmems of sp,ci.a —e—rient, p,vald, artre,id, any em and thereafter. Seller warrants that real estate taxes due in the year 1984 will be non hortle're.id lassal—tion (full, partial or non-homestead—siace whiar) a Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of rehf estate UsC5 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 rem-c all personal property 'C . not included herein and all debris from the premises prior to possession late. SELLER WARRANTS ALL APPLIANESIlF\TING. AIR CONDITIONING. WIRING AND PLUMBING USED AND LOCATED ON SAID PRENIISFS ARE IN PROPER \C'OrKING ORDER AT DATE OF CLOSING. h The seller further agrees to deliver possession not later than date of CIO inprovide) cat all conditions of this 7 agreement have been complied with. Unless otherwise specified this sale shall be closed on or 7Pefrlrc 60 days Irons the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing d,l, this fg,,,,rn,ot shall become null and Void, at the purchaser's option, -anti all monies paid hercundur shall be rounded to him. The buyer and seller also mutually agree that I..o r.w adjustment, of term, interest, insurance and city water, and. In dr, 'a" of all be made ., if date of.closing in -Ent Property, current operalrog -perrses, Sir The seller shall, within a reasonable time after approval of do, agreement, fU,ni,Ir an d,,a,t of ode, or a R—rIft"I'd P-p—, Alotracc certified to date to include proper searches covering bankruptcies, and State and Federal 11.1b4niCIIII I.Id I'jI1 buret 'hall be allowed 10 days after receipt thereof tor examination of said title and the making of any iblec—os thereat, d ul+lcctruns I,, b, node jr, writing or deemed to be waived. If any objections are so made the seller shall be .11—d 120 da), io ..... ke suds title marketable. P,ndine correction of title the payments hereunder required shall be postponed, but Liptur Correction of title and within 10 days after written tr,,me to the buyer, the parties shall perform this agreement according to its terms. If said title is not mark—lile and is not made so within 120 days from the date of w ritten ot'j"n-1 thir.", 1, Ji ... I, pio"J"I, d", agreement shall be null and void, at option of the buyer, and neither principal shall be liable for dan,.Ige, hereunder to the „thee pnnsipal. Ali money theretofore paid by the buyer shall be refunded. If the title to said property be found nmrk,i,ble or be, aP shade within said cin, and said buyer shall default in any of the agreements and continue in default for a period of 10 dais, then and in than C"t, the 't-11" .,a, terminate this contract and on such termination all tire payments made upon this contract shall be retained by Said seller air,[ said agent, as their respective interests may appear, as liquidated damage,,, time being of the essence hereot. This pr—kion shall nor lepri ither pirty of the right of enforcing the specific performance of this contract provided such contracr shall nor be t . .... it rated as alo—aid. .,n,I p'o,rd, to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject it, the approval by the owner of said prianiscs fit %% ritin� aod ih�tc tire under- swried agent is in nit manner liable or responsible on account Of this agreement, except to return or account for the carnesr nionev paid under [his contract, The delivery of all papers and monies shall be made at the oice of: 1, the undersigned, owner of the above land, do hereby approve By Agent - the above agreement said the sale thereby made. I hereby agree to purchase the said property tot the price &ad upon the terms above mentioned, and subject to all condiri,)w h �eiaexp t,:,,,. "Z (SEAL) (SEAL) -Ilk 111;�Iw . . . .. ..... ...... .. .. . ....... .(SEAL) . .. ........ . (SEAL) Seller Buyer T A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. -.-�:. -- ----`-»tic - -�' . f CARRIAGE HOUSE REALTY & INVESTMENTS, INC. 332 2nd. Street, Excelsior, MN. 55331 (612)474-0894 ADDENDUM TO PURCHASE AGREEMENT The undersigned parties to a Purchase Agreement dated November 29, on property known as Lots 37-63 Carver Beach hereby mutually agree to amend said contract as follows: ,19B2 ownership in the road vacations to the North of lots 37-63 Carver B zi-h and r, All other conditions of the Purchase agreement to remain the same. Dated r.hnr 90 1Q91.t-.___---- 1 Buyer Dated Approved by Buyer S le Selle c.,py �. .o' " �.II. r', c:ury l: c.cipr PURCHASE AGREEi'VIENT REALTO R`' Form Approved By Greater Minneapolis Area Board of REALTORS -- Iii—SED JULY. ta791 Excelsior Minn.,..N.o.uemb.c.r...2.9............ __....... 19.82... RECEIVED OF _._....Adrian T. Johnson ................ _ .._....__.............._....................................... ............. .. the sum of...Te.n..DA.l.l.ars... nd..O.O.LIOD................................ .................................... ($...10..0.0.......... ) DOLLAPLS Check as earnest money and in part payment for the purchase of property at ec (Chk, ca.;h, to be deposited upon ue.epUn-. or Note— State Which) South 4.75 Acres. of. Joseph ... Troe.ndle... roperty ................... situated in the County of Carver ....... ........ ............. ........_............ ... State of Minnesota, and legally described as follows, to-wic: , Legal to Govern 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 fixtures and bulbs, plumbing fixtures, hot water ranks and heating plant (with any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas rank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: Thirty., th7ge._thous,an0...two..hundr.ed._F f,Kdv.11.aFS..and„OQJ-J,QQ($33.,250.00 ) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid $..10..QO ......... and $.33,24O.00 -., cash, on �;..(see-below) the date of closing. One year from final plat approval on land being developed by Carver Beach Properties. This offer is contingent upon Troendle's and his neighbor, Arthur Owens, entering in a Purchase Agreement on this parcel of land prior to the expiration of the one year period. In the case that Owens and Troendle do agree on a purchase, then this offer is null and void. Buyer agrees to hold lot 5 unsold for this same period of one years as to allow Owens and Troendle to enter into a purchase agreement. Subject to performance b the buyer the seller agrees to execute and deliver a . .-7 -- P Y Y 6 - --Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only co the flillucs in, exceptions: (a) Building and caning laws, ordinances, State and federal regulations. * Real Estate Taxes to be ( b) Restrictions relating to use or impruverrent of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. prorated between buyer and (d) Utility and drainage easements which do nor interfere with present improvements. seller as of date of closing. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) The buyer shall pay Elie real estate taxes due in the year 19 * and any unpaid instalhnents of special as'sesamcnts p.nablr Ihrrew ith an.i mcreat Eer. Seiler warrants that real estate taxes due in the year 19 ., will be Lonrrxe.'d cl.u,ilicaiion ( full, partial or non -homestead —state whidt ) `;either the seller nor the seller's agent make any representation or warranty whin—er concerning the anr,mm nt real est.ite t ces which shall be assessed against the property subsequent to the date of purchase. Seller cuvenanu that buildings, if any, are entirely widen the boundary lines of the pru)xrry and agrees to remote Al penon.d property not incl Uded herein and all debris from the premises prior to possession dam. SELLER WARRAN'CS ALL APPLIANCES, I1FATING• AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATLD ON SAID PREMISES ARE: IN PROITR WORKINt: ORDER AT DATE. Of CLOSING. The seller further agrees to deliver possession not later than date Of CIus ing provided that all n,nditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on car before 60 days from du• date heROf. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this a::recnscut shall become null and void, at the purchaser's option, and all munies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rats adjustments of rents, interest, insurance and city are,, and. in the case of income property, current operating expenses, shall be made as of date Of. closing The seller shall, within a reasonable time after approval of this agreement, furnish an abstract ,d ride, or a Rc•eisn•rc.l Prupern' AbsrracE certified to date to include proper searches covering bankruptcies, and Stare :caul Federal judgments and liens. ll,, I"i", shall be allowed 10 days .fret receipt thereof for examination of said title and the making of any ,bjectiorts rherrlo, said ,bie;tion, a.'be• made in writing or deemed to be waived. If any ubjectinns art- so made the seller shall be allowed 120 days to nuke such title unadred,lr. pending eorrecrion of tide the payments hereunder required shall be pustponed, but upud correction of title and wirhm 10 days after written notice to the buyer, the parties shall perform this agreement according a, its terms. If said tide is not rarketable and is not made so within 120 days from the date of written objection, thew", as .hl+ove pnsri.lyd, thi; ac'cement shall be null and void, at uptiun of the buyer, and neither principal shall be liable for dantages hereunder to the utter principal. All nwney theretofore paid by the buyer shall be refunded. if the tide to .said property he found marketable or be so , le within said riots, and ss,d buyer shall default in any of the a,g,mmenls and continue in default for a period cat Id days, then and in than cuss• Ehr seller mar terminate this contract and can such tcrnhination all the payments made uF m this contract shall be retained by saiJ s,11cr and said agent, a, their rrspraivc interests may appear, as liquidated damages, time being of the essence hereof. This Provision shall not drl,rive either harry of the richE of enfurting the specific performance of this contract provided such contract shall nor be terminated as atores.tid. .uh,i 1,rovi,led action to enforce such specific performance shall be commenced within six months after such right of action ,h.dl ari". It is understo,ul and agreed that this sale is made subject in the approval by the owner of said premises in writing and dhat the under. signed agent is in nu manner liable or responsible can account of this agreement, except to return or account tar if,, earnest money paid under this Eontract. The delivery of all papers and monies shall be made at Elie office of: - _ 1, the undersigned, owner of the above land, do hereby approve the above agreement and thesalethereby made. ( SEAL) .'':� r>.wi.'T�r•.�a>.r ,.,-.,`�`'� i!r Seller '-.IS ,.r .,# "e 'x €'�' rxtr•-*z+�• .:. .. ..... ....... .. ._.._.. ._.. .._(SEAL) Seller THIS IS A LEGALLY BINDING CONTRACT. IF By ... Agent 1 hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all cunditiom herein expressed. _ iLtr< S _1/ 7L (SEAL) Buyer .. ........... .. .. _.. Buyer (SEAL) NOT UNDERSTOOD, SEEK COMPETENT ADVICE C.� CONSENT TO ROAD VACATION THIS AGREEMENT, made this day of , 19 , between Arthur W. Owens and Ruthanne W. Owens, husband and wife, and 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, Arthur W. Owens and Ruthanne W. Owens, husband and wife, are the owners in fee simple of Lot Seven (7), "Vineland" according to the recorded plat thereof on file and of record in the office of the Carver County Recorder, and 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, 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 consent to the vacation by Second Party of that portion of that certain 33 foot street right-of-way designated as "Road" on the plat of "Vineland" abutting the southerly property lines of Lots Seven (7) and Eight (8), "Vineland". IN TESTIMONY WHEREOF, the said First Parties have hereunto set their hands the day and year first above written. Arthur W. Owens I It hanne W. Owens Joseph W. Troendle I _ �� ,—Tr , , }/e_L4. 4 h Ja�,�l . Luvan G. Troendle STATE OF MINNESOTA) ) ss . COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this �°� day of 1:)Z-2 19 F / , by Arthur W. Owens and Ruthanne W. Owens, husban and wife. PAMELA J. COLEMAN k tl'j; NOTARY PUBLIC-MINNESoTA— \-:. MYCENNEnE NCOU�NTY9� Notary PUb11C j STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /r day of 19 'L✓ 19 t/ , by Joseph W. Troendle and Luvan G. Troendle, husband and wife. This Instrument Was Drafted By: Russell H. Larson Larson & Mertz 1900 First Bank Place West Minneapolis, MN 55402 (612) 333-1511 � r Notary Pu PAMELA J. COLEMAN ;I "A.iI "` NOTARY PUBLIC- MINNESOTA HENNEPIN COUNTY Commw,on E,p,ee Sent. 6. 1M CARRIAGE HOUSE _ REALTY & INVESTMENTS, INC. October 21, 1982 Mr. Bob Waibel City of Chanhassen 690 Coultier Drive P. 0. Box 147 Chanhassen, Minnesota 55317 I;E: CARVER BEACH DEVELOPMENT CONTRACT Section 3 - Status of Special Assessments 3:01 - Levied Special Assessments (Page 6 of Developers Contract) (This letter is an integral part of this agreement,) We would like to appeal to the City of Chanhassen regarding the above referenced levied assessment in the amount of $16,095. We will be doubly assessed on Lots 3-4-5-6 Block 3 of Carver Beach Estates. This assessment has no benefit to our property. We have given up -land for easements and assisted the City of Chanhassen on the road problems at our expense. We feel this assessment was poorly planned six years ago and ask that this assessment be dropped. We will be attending the next meeting on November 4th regarding this matter. We would appreciate your cooperation. Thank you. Sincerely, i Ad ri Johnson/Nancy Raddohl CAR ER BEACH PROPERTIES AJ:ds Attachment: Developers Contract 332 2nd. Street, Excelsior, MN. 55331 612)474-0894 r To: Mayor and City Council From: Cheryl and Walt Hobbs 6671 Powers Blvd. Chanhassen, Mn. 55317 Date: Oct. 16,,1982 Subjects 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. lion Hess Land Plan Inc. 4.01 Townes R oad Wayzata, Mn. 55391 I .I r L-- I I � l � • .� I I I cs f I c. I� • I I i . I 401 To— Road W.—"a MN 55391 `7-i 5711 . 1 . �" /°�gof.-��+ire �@.,dc."C.�` � Cst� �-� � � % a r � a^'ti� �• 11 �, AGREEMENT THIS AGREEMENT, made this 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 uvan 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 RECEIVED LARSON & MERTZ Attorneys at Law APR 011983 1900 First Bank Place West Minneapolis MN 55402 CITY OF CHANHASSE:N (612) 333-1511 i ?^ Tonka West Properties, REALTORS° 1055 E. Wayzata Boulevard, Wayzata, MN 55391 (612) 475-2426 Hazeltine Gates Office Bldg., Chaska, MN 55318 (612) 448-4355 1404 West Lake Street, Minneapolis, MN 55408 (612) 827-4061 September 24, 1981 City of Chanhassen Bob Waibel 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob, We, Carver Beach Properties, which consists of Nancy Raddohl and Adrian Johnson now have a contract of all vacated streets joining Carver Beach to Mr. Owens and Mr. Troendle. Enclosed please find the Purchase Agreements. Sincerely, 0-'e1-r1a-?_'1/", Adrian Johnson SE; 25) 1981 ��tPi;:�.J: ei1 •i' ViY �+.!U .--N y 1 E�L • � r-+-I t � � yl G 112 m>:Ss aPUPEPMRS VVayzata - (612) 475.2426 Mound - 1612) 472-2414 Chaska - (612) 4-:84355 Wayzata MatLch 24 81' . Msutl....... ...... ...................................... _....... 19_..... RECEIVED OF. ..AdAan T. 7ohn6on . .. , ... ......p.................................................... the sum of..... Five Hundned....................................................li...... (v 500. 0.9..........) DOLLARS ............................. Cheeft.,,...,,,............................ as earnest money and in part pa"vent for the purchase of property at. (Check, C.h or Nn[a - Stara whleh) 6!E Caxuen_ Beach Minnesota ............... ............... ............. ..................... ......... I........................... ......................situated in the eA County of �� ............... .. .1 State of Minnesota, and leall} described as follows, ro-wit, Loeb 1 .tJv(u 36 CalLven- Beach including all garden bulbs, plants, shrubs and trees, all smrnl sash, storm doors, deraehabloi vestibules, screens, awning,, window shades, blinds (including venerian blinds), curtain rods, Eravcrse rods, drapery rods, ��ghrtng fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, ranks, stokers and other equipment used in connection There- with) water softener and liquid gas tank and r�nrrols (if the property of seller), sump pump, television antenna, incincr- aror, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: Seventeen Thous.and Five Hund7ced ($ 17, 500.00 )DOLLARS, which the buyer agrees to pay in rile following manner: o6 6inat per• Earnest money herein paid $ .500 ... and $..j 7a 060. dyog2ricas1,on g the dace of closing. Tki6 o66eh_ .6 contingent upon City o4 Chanha66en app)Lova,2 a6 nece66aty boa_ 6dnat ptat, _ �• a.ezorung anU road vacati.on.6 4oa tot development. Thti6 o54en contingent upon prwpen- „_, _. 6o.i,2 teats.' BuyeA to pay a t eo6t6 o6 6uAvey, 6oit 6ampte and tot deve-2opmen.t. Buye7c to pay 6etftus co6t o6 7tetea6e6 6Aom hli.dweat Fedenat o4 pnopenty not .to exceed $500.00. SctE/moo pixy —a —�,-pee(:a,e--aA6.u6ment-.6—tev.ied—and—oh pending tv,—a6/—da-te—/(�6—oto6.ing._ f • ��. ! F.✓ t [ u_ •�al'rir. C tk,. /G. :-C14 !.1 11rLl :.r.1 ;�G L'h(�:-.0 -,�� f(. '� Lcf G / L'-�� 2 it-/L).R-�/I `` �L'covfk��rsn �.2�„u, Fiarh1 �111.� <�7-<<Ct-tI- I.c 4 mh. �u i,IctL. ro 1-1-an.e Ifrr buyer r I tee, (c .sits! ,Icliv,r \V.IW-Inty llcel. - (nl !:e joined in by sLnln]C, if III}) —Yin IllarkLt' bll t Ile• to ,aid plellikes subject frilly to rh,, idll.lnng-Ceptlnn,: _ •� (.,I) L'u J,Log and zoniu. law )Elul n L: Mall - nJ here rah m ulal l - L- `� ... • N (b) 1(estticuons reh'i l to us I opt rite , L1 pmnitses will u [ if alve forfeiture provuwn. (•S` (c) lee>erv.nion .,I any miucr l cr r 1 er I ri0srs ru file State of `f , u : -cat ,1 (7) �� 4 t fc.! �'..�•f1.. (r ,_ . _. .; U I'[) IJt li } and 1 Itainal e u I ,h d.. nut In(cdcrc „irh l u unprnvc-menE,. �` f,' •fit--'. j ,tl t fir: v � V {. k �',; eC� L/ //,r/ l t - (11111c„ '..IIVC1.IeJ, 11.1 Sl,bfrll (, lr 1 ) ,I, ill' ..:.+ 82. Ise o J'J...J I Ile blI)'-,ball pay [he -d eS[.,II' I -el ,file III tile' }•ear I l 1 :nly tl il!). Li n,..11tll:el CS 1 SI,Ctla1 as a 1111 e'll Slay [I 1� 51[fj- ._ _. ... - -• - ... _ _. I-,arrLr. Seller wa...InL, that real estate t.,xe, dot ill ILc Iv 821 ,,,ill Ire non holne: traJ j,.'a'w•- _ :Ind yc.n- _ .. Llaslh.an.,:,L (full, partial or non -homestead - srate which) _ cal Neither the ,ell .. nor the tir!Ic l'S .,,;ent make arEy rcl,rL'wnrarl„n or warranty wl atSl,L'Ver ,nne:.nln•4 tl)r .Micah w of real l's,aEe ta.ei which s1h:Jl he asx d a4:nnst the sit11-11-ol In Ili, ul I,r,:l,erty 11- I)urlb.l,e ur rl sn u, a. ltvildul., a..ly, an: riiely wohin It, I,uu nLLuy lines of the pnlpcnd er Ely a : ;tees ro renn- all psonal plulverp• .L%la' nor ,ndudcd hcrc(t ai:d all Jcbns irl,ln the prruli,es prior to port, can date. SI?LLIiR W'AP.K ^5Nl'S call L All l LEAN(_I:S, I-II?A'I INGAI;� CONDITIONING. C?IR1NG AND l'LliMb1NG USED AND CATI:D ON SAID PRENIInLS .Atli I:V PROVER WORKING 01il)Flt o r D , rI; Or C.I nil G. 111 date o 6 c o6.ing IunLer qe tees t I d.rl ill 1 -e 1 nut Liter thin pnrvidcd that all conJlnons of this - v agre...... It;,,, bcru compiled wish. Liul s. tl r I:c epccilied this sale shall be closed (in or Lc})re 60 days from the dare hereof. In rile event this property i, dr,tr,-y i or s rL ,ataially danlal;,J by fire or :ury other cause before the dosing date, This :y;rcenlent ehahl - Le-i bull :(al void at the pu,ih,l,cr's ! r i, and all hoopla, pall hcicunder shall be ref—t-I I - '•-'""^"' ° �) 'fir cr Luy.ud seller also o-II. lly a:or 11- 1 ,t I!I Idai o6reuI,1 ins 'tic and city water, and, in file case of m inulc I L n}, alnant opuayq ro cc•�y,: nscs, shall lit u 1 t e d g .- �a,,,,'— Ill11el sea!I, lithill 11 I a.tnablc little Aler .y111111 ai Of IIIII ailreement, I.rnish a1 I -t 1Lr of title, or a Registered Pruprrty .e O abstrau rcltliled l ,dud,. 1 t - I terin Intl-rupi-S, and Jtatc Ind I I r..l ) Irwrnts Anti hens. lLc huy- shall be 10 lays alter Iareiprdlurot ,,I ni [ ucoi said ride and dhc making of IIL11116.111S ILcreru, he in allowed Illy sa„1 obµetions rtl made wm, ,:., it dcenlyd t•., ill, waved. If :n:} , bµui nls arcs) made the seller shill be allow(I 120 du,, to :uake such title marketable. P-di tg of life tie: payulenl, 1--.rider reyuirc.l sloth it, p-1,oned, but upon correction LIf t:c.e .tnd within 10 I,y, alter -noon n,rtice - - . - - ... 10 [fir iulycr, Ihr Ian ors IL.,II lrcr(:nn dm a: tern lru( ae )r.!uu• o u, camps. _ - r\ It ].rid title k ""t ln,l.l,e•r,lbl..,nd is n•,t lll.ld, ,, "nhia I !tl days I170111 tilt dare (if wl'Itta•11 I,L)eilll,lll tlle-rL'tll a5 :lht)5•e prnVldrd, t11IS II•feelnc'nr sIlal1 bc' Ilnll and! —ill, : t I,I,tilnl Ili de ouver, :11Ill neither pri-il,al Sh-ii bit liable' pica ,.l 1. > heit,undt,r [I) the tither f>,nNlpal. All dlcrcl.,iurr by the Luycr be rch udnL11 cLe lilac I.,said he hound nll,h'c,.. he .. l tr}• p.ud,hall property ,Ica or s) malt within sail ti,nr, and but, r 10;, u1 any of me ael(eulcun and conunue lit dGLullt fur a r,I Ica, I t i - , - -7i s tl,l ;hall pcnud nd t that cane tilese'irr may terunn:ne do cr 1 r to and on xlcl telulinaiiort all the p:Ipo-is made upinl thi, coutrt i I a ll I -in-! by said seller and tiuJ aGenl. 11 ..I a1 p S L,lt IIIIe' I 'll i; I.1 [I L' G$SC•hlle' I Lf 1 I ill dnr, car ectivL ul( resit rimy 1 c•,Lr, .L udau-J I.un;nw,, t v. 1 1 eu . s p ovl.iou sliall not deprive clt he party of Elie rich( of rnl ul (ill ; (it. slleahc 1.1 louu.mle of dill umlracl p1111-led ;itch cmltrza shill not Lc e nnin:ued.,a:dul ,-id, ttnd provided action (pion,• wdl spalnc periorntancc shall Lc wuu(enwd WilJlin :.is n1n(tLs after such right of :Icti,:n -. Lill mix•. - - Ica it nodcrsulud :Iml aL•lecd 'hat (hi, isle Is made uh)cu to It, approval by rile —nett cash .: iJ l-nI nines in writing and that the under- _ "pneJ ,L,enr n lot no laatlnetIi.Ible ur respolnlble on aecrunr of dds :1gi-i lcot, except to rrmrn oI account fur nc- earoelt uuuley tiAll under 'I Ili, delivery of all l,.,pu rs anti muuirs 111:d1 fir (lade al nc� 11161e Ill. .I ONKA INTST PROPI R'!TCS _•. - ._ l'ONKA W'I•SI' PROPEPTILS 1, the undctz i,;n::d, tnvner of file :.l:uve I:utd, Jo Ymshy approve I ' the aho4<: aercen-Ica _tut the sale [ll`ri:;,5' n..:Jl:. i I hrrehy aGCCC to pI1:.:.1�s:: lhC said rCUIxI[y for tile prier. And upon he tenus .:bout gale. -,ed, and subject o) Ill tin.ddic:�r "'a2.^^i. 3-•xn+ r• .- (SEAL) Scllrr 7 �Lt�.!/u :, f -/L<fC �� ....... yet ..f.sw+r-+•.,...y uxvi-w n ,a: Y '€*?•-I:i:�# .... .. .. .... ........ ... .. -.... ... ...... _... ..._(SEAL) 13 ..... .... .... ._.. ...... .... _. ............ (SF�L) ..... Sclh.r . -.,'ate ! t,uver httilt 11 THIS IS A LEGALLY IIINDING (:ONTJ'A(:T, fF NOT LiN1)F,FST00}J, 11;T'C CO'.VSYrTF.NT ADVICI?- �t� L ; �16 ri a EMMU PPUPEPGi25 .f'r',v,'II `,1-. •I.s /4 Tr ?^jil jj��r:J .r'I;rtl n �n f1 (��;;U 1T�',.-^I_ ._. ti�,\. T/i;� �3f_'�L'Y:v-ate � LLJ._'.�lt.l.1�'.�'''.:�3iJ �"..'�i:✓:.'�'��1......lilV Wayfata - (6121 475-2426 Mound - 16121 472-2411 Chaska - (6 i21 4L8-1355 Wayzata, a%irtlr....... hlcvcch...2.`..............................a9_�?... Adn,Lan T. Johrvon rcLLa_IVFo or .... _..... _ ......._.._........ ... Flit, snit, of ....Five Hundred......_ ..... .............._.......... 500.00..........). TJOLL,i?,�r ........................................1....... ........... . Check ..................... ......................as earriest money and to pare l/ay.neur for the ptuehase of property`at (Check, C-1, or Filar .,tat., Whheln I CaA.. Beach i�Cnne60 a ..........,• ......................L...............................situated in the CaiLve)L County of _............................................., State of Minnesota, and lt�,.ally(.describcd as follows, ro-wit: Lots 31 thim 63 CoAUeA Beach 4 inchtdin+ all garden bulbs, plums, shrubs and trees, a4 storm sash, storm doors, detachaUj: v[; ibulcs, screens, asvnin,{i, ^ icc1' 4,1 sh::des, blinds (inclading vencuan ;;finds), curtain rods, crtvcrsc rods, dr rlery rods, glints, Lixrures and Stt!bs, plaunbia8 fimures, hoc water tank and heating plaLu (suits any bumcis, [auks, stokers and ocher eau;nmen[ us:d in couucccon there- with), water softener and liquid g•LS tank and r-tncrols (if the property of seller), stoma r. :up, television antcona, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air con,;'160 -- ig equipment, if any, used ut:d located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: Fo A Thowand 4 000.00 ) DOLLARS, which the buyer :Igrces to pay in the following manner: 04 bd nae Peat. Earnest money herein paid 3.. 500 _ _ _._ and $ . 3,500 cash, on .60 dayS . 6-1t0m {G�[ n�the Jatc of aosir.:'- ThZ6 obbeA his contingent upon City ob Chanha66en appnovaZ a6 neeezza&y bon. b.inaC Ptat, Aezon,ing and Aoad vacati.om bon devetopment;'thiz obbeA it contingent upon prop" eoiZ .6amptete6t6. Buyer to pay a t zuAvey eost6 and eoit ecunpZe6. (Th.i6 obbe)L . z contingent upon seUeu -signing a city construction development contkact pAiot to Ir� ctob.i-ng) (SeUe&—to-pay-aU-6-pec Ex&-ah-ens-.s-emut-tev.ied-aand.-o)L-pend•tng-os-ob-date-ab cto,sing.I Th.i,6 o66eA contingent upon zetteu appnovaP- to his aatisbacti,on .ducat W •' Land (� be devePopabte. SUI,IL'(L III pl'Ifurl ll:l n:l' by the bui— rill: vL'Ilef .I I_rlei [rl a Ccu,l and dellVer a .. Wa.raluy 1):: a1 Le joined it, by spouse, if ally) L•a111p'igq marketable tick ru >.lid plenli;cs sul:jea �nly to th. I,.11o,rine; csceptiuns: bllilJ,nh and z,nlinf; taws, orJioarl-, Scat, and Pedaral R•:4u Llliuns. b) R,,(. icuola r,l;oio.g Fo use or inapt-voi nr of prensi>es without citcc[ive forfeiture provision. (c) Reservation o ,ny ulincr.ds ur r•Ilncr-d Fill- to till Snit of A(iuucwe,. - -_. (d) L!ul iry and dctiu.:t;c c.lscmcnn which do mrz ina'rfcrc will, III IcLl( improvements. :sl ,las sLirei, [lot mhjvl , 1ncic>) Ill2 Ill., lthuew ' .ltyo 1s'l:'.lhI L'I 1,[-� IIbilt l}'L''1' f (:t,ci .!IIL' 111 alit yl:iC I.+, 'I any nl,)i.UJ IrIllalhll:'(.[> •.I ), lal a1+l:.illlelif!; p:l}'.lilac Ihc'fe,t I(h and ill -aft- Seller warr.uln []I:Lt Ictli cslJuc la%a i Juc in rill yc.lr !') &2 vial be non . IWAIC117t•:IJ i full, partial or nun-110r LICfac:l.l - Stxtc \vfli.h} . .. ... rate cis Neirl- it" slier nor lilt sd let's ai-it i-kc an IL I I i 1 .,r -, fall v.'h.1l sL•cv.r yn:,. .:iqc lilm t, al,Iuu 'It -rate %.. which 'I'Al be ,us,.,-c.i . ;:unst till pnq .at} sui, 11-It [u the llall:l of purcllasc. _. - - , ..•. .. S: Ice I r tol. i lbw, inulJm:'s , .L vnu lcly ,vh6 .It, !. „awry Gncs of [he pre .,}. p•,alai i . r:,', n, 1 vll Rl• all I trs,n;.d I rl}. L,1:; nnl i LLldc.l hrtrw ..,It .Jt dchri:.Ibc prcnp lc,rs prior 1 I n dare. SPL Lph \C'Al< •. C,i { I :11r14-1 AN(.IiS, I II:A'1-Ib•6,� _ 0)NI.h1:1I0NIN6, %%'l1,1NC; A:.0 PLL:,I1iLiG USED AND LOCATED ON SA IN PkoPfl: Wo1CKING OR61!C Ar DATE t,r c:+}.::<(;. date ob e2oe ing _1II(: still's 1 f r 11; r. L'> nl JL114Lf (: - [ 1' f t':LII I CUl'Idl'd that A[UIIJEli )nf VI Fill, ._ - a ,. rpm IL haul' Lc 11 lied wad:. [ ul >, ud uwi;l 11.Lu•1,.1 11u1 sale >ball be Closed on or bent: oi,'11 1 snap, the dale hc,L.d. lu [hc Lv uus prop-v k d, +' -ri2li or subsrauually Jmu,ys,l by lac or any od caul, at, Lc J... in,; da", Ibis arreemvnt shall arc unlL. dull .IllL1 J - t the par:-ha•.L:'i ! and .ill Inouics pal•1 hmumJlr sh•dl he rLlun•1rd r(I bill= . •_, -' '... 'I hL• buµl I cli- aL1• Iluwl.aih, 'Iec Ih,lr pro rasa ad; �ltel,ol/ nr�d ill'9st, n:=I:w e, .ud my \. ater.:dill. in du cue I '---'- .. +«.-.. �-,. inl uulc prupc rty uln.;m uprral'u �: I..I:c •.ILJ! ha u1.LJl: aS or U (L Ob •-: µ,me-..• �'�. - .- - ,LI lt'�,.I, V 1111 .l I;c .Ilcappo-I .1 Ill, .ieenwoi. tl-i.I at [II: R: kc-ed 1'o crt} 1. .. `•� �. - .:� -• •,rya '•. - Ab,l t.lL[ I Lr[IIII'•1 L•r ...IIL' III IIIL ILl,11 LI Verill•; halal i.lnpFLlce, :lll,l L .,[L[L' allJ h'i'd, r. ( •!„ at'n[i .IIIJ IlClls. Ihl' buy" i.1,1. !'.. '' -. - -, - -., - •. , I 1 , . ux 1. I: • allm Ld ILI J.lps .-lo: cqx dlt n••I I'll c lllillarinn of sail lilac ,ul•1 [ill• making of •111Y objc:a. r . . "Feu,, \,1•l I:hicuuna w !:e 1 , . _.. vrilmr nl dleult •i r = Le eeiu'J. 1.:,,•c illlllllll all 11.H1,11117 h,r wHlr shall he All)—] I '0 J L .• s t L 1 nor:.cl.Lnle l r.,, L.cation of lidJb a L!u {.p n,cu r. h.,.Ill J�: 11111-'shall , po,Ll I,nL I, hat un powrrc(tiun ul I .In•Ilo-•I[h a +0 ,: 1, .0 LLr wrnlcu �r.._ llhr hu ycr, du' 1•I; •.::. \hall anima rhi, .I:nccnlcal :u.urd i,l, ill w. nni- . --- - -' -. It raid lira, i r:l ,1a1k1 rah dL .,... I I. lr, nladc v cilhin 1-'0 J.; y, 1'nnu , the .Luc I -II JUI r hp-• + dwrlo, a, aI-,v I+m✓dr.:, t1.i> - - - ulc sh.Lll I I- mil anel rl..id, .it Lnn•-u ni Flit bu}. r, .ul•, rmuhu pnln pawl >iLJI be Ii:Jlh' I•n , uc:clul.lrr n, dlc ,whet it al- p. -I I } d., ,u}, ,rail I c n•fuuJr.l II th c , II: Ill ,IIJ Iauprl ty b: lUun . >dc ,n hL •. n.ol;: „ I „ s[I.." - - -• - - --' . IIJ said bll}'('I •.h.lil •. :.ollt III .Ill}', Il( Ihl- AlIll 1.1,111V a11J 111 11I1n L' III •Irl,llll 1- .1 pL' 111 (II I11 dl;'ll a1 ,.! it, ,a .I0., ,i 111'I I ,•F' i. ' - , f: rill ll,.lie Lhla lUnll'a,r and I,1, 511, 1111'•Ill m.IL IU(1 :dI tll' pavIlleltlt, 1,iad L pith lhi, wn r,,t -I,I I J by ,,Lill sl;:h"I Ill I +IIJ ..'-_ _.. •-: .• - their rl.:llnnvc ul•'n •I= nl.ly a(•nra r. .Ls I"!'I •I.II"I ebuna.'c., rluu' h"in; of File e. sen,c h.r I 'flu'. �.o s1 ...1 uu[ dcPrlsc cldu'r :rr; ur -.1a of -h-i al• ;hc sJ-ihi P+. rn,ru lull I,t tills tumor[ I,ruvldLll , J, cunlrau >hall nu, i-. 1 , 1.- I :.s ulo:::,.n1i, and rt,-ide,I a. ri,.n ' I., (-I II IIIIC .SIIciI-pel.l.l. pL'fIUI111'illl"a',hall ! , I, InL nrCJ lv'll!I II vl\ n-11111': •Till( .,Lain IiCll[ III al fl• th �CI,1•. If I> II I11It r'I+n-,I .Lull .lnrCe•I tl.lL II 1> s•Ilc 1\ IllaJe snh;LLl rl Fill .IppruV".II by t,L' 1i -'ll 4 .Ind III.II fair r 1u o., I,.......... u.,L!L It a,l,.,n, ilhc Ian ,ucuLlnr of Flaw .1 ,amen 1, L-1P1 n, FeldI II , a.. .ut for tail carom I l.I: p,nJ ,, Fact. Jcllvely of :dl pa,-, a ld Ills 'hail I,e nLahe al III,- oli-l" (,I TONKA i% HST TROT': it. I':h;• . 11,NKA 15'I'.S I' 111,01'I3: HES I I BY ' undersi;,-d, uwncr of Lilo al�urr. laud, to ho[eby approve Fill,nbuve aGrrcn,c,u.aJ dlc >alc 1hc¢i y nL•..L. � � 1 hemby a),rce co 1 .::u�:-.se 0, said p-rIcny for the otla:. .. ' upon rbe F,:pals abuvc _-....1 :IJ, lard :ad:iut .,, [.11 r.'•:d..:.'.., - r I ! r ii / ,.ell L •/'Y (; (. r 4.. .l� . ,... .. -. .... ... .._ (PAL .. 1 .` (S 1L) Seller _uec j TMS 1S A LECALLY ItIND NC r-ONTRACT. fl' NOT UNDF12ST00:-j tl .1: COMPF-TENT 1•, t:l,.,, Gut- 0') Dated Dated Approved by .d 17ont a West Propert Wayzata - (612) 475-2426 Chaska - (612) 4484355 ADDENDUM TO PURCHASE AGREEMENT '['he undersigned parties to a Purchase Agreement slated March 24 ,19 Lots 37-63 Carver Beach Oil property known as s hereby mutually agree to amend said contract as follows: For $ as additional consideration sellers agree to sell to buvers their ownership in the road vacations to the North of lots 37-63 Carver Beach and to South of their property upon vacation of road. I All other conditions of the Purchase agreement to remain the same. l7 / Buyer Buyer Seller z 7� Seller AC;RFRMFNT THIS AGREEMENT, made this 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 . ...... . . "I"' IN ACCOUNT WITH CITY OF CHANHASSEN ............ .i�%�r��A�<<� j ..may — — f ;�'=% l,� ! _Cam /' i 1.<:.� 4 .—At -j-2, iT 7f; 14 7;T z M0+�/��+ w; 07. < Ij <,/, /,; o-;,> VARRIAGE HOUSL REALTY & INVESTMENTS, INC. February 28, 1983 Mr. Bob Waibel City of Chanhassen 690 Coulter Chanhassen, Minnesota 55317 Dear Mr. Waibel: Attached are the most recent purchase agreements signed by Mr. and Mrs. Troendle for the purchase of their property. It was my understanding the City Attorney requested the above. Please forward to him and schedule us for the next council meeting for final plat approval. We will be waiting to hear from you regarding this date. If further information is needed, please give me a call. Thank you. Sincerely, Nancy Radohl NR Attachments CITY OF CNANHASSEN pFr, iVED MAR 21983 CCMM'NIIY DEVELOPMEN i DEPT 332 2nd. Street, Excelsior. MN. 55331 (612)474-0894 ; e Title: r'ry S0,6 P1armirg Case: Ia*u3 Use Coordinator' s Copy Applicz-.t Es- ate: a) Plann-ing _ /LfO Aw. c) :pagine-ex=g 4 _ B) legal Initiaa-aa. Qtinex Initial. Estimate and Canis: - •�3a1 � �./ � � Q/J�-8�� del E��t,r(.[CV � _ - .- t S �� _ .. b c Pabcvve are es ' ,air es .ate terfr3r by tl,� offices irrlicat 3_ ?oak p.xfon: is tabulated aria is available at -the City `1re,=sue er's office_ Any balances rcma;swrg after earrpletion of the process, with the excelptii a-t of the sta.�rd fee, will be omitted_ Ci arges exceeaing the accot=t balance ti_l he billed directly to the applicant_ PLAIROM:G MMESTRATiGN FEE Sa-UGZE: a) Pezor_ir_g: $Io0 e) Planm-2 Develq=ro-its: $150 plus $5 for b) Site Plan Revie-,r: $75 first 10 units -- $1._50 for each c) Cor-ditiortal. Use P u 't: $100 a^ditioral up—; t_ Cor03cminicuu and d) Subditrisian: $10 per acre plus $5 per apar��nt s coy? edible at site pl, lot - $100 rm.,--LL aa-, review_ f) Vacation of Streets: $100 g) Variance Request: $50 - s -56- r" 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 ,.�,��r� �'ic%,t�G FF_f ao, o a Name: �-1'trt Last First Init; Address: ID�.J tEPC:5r wIC� "iill �7. i Cir2�'i ,/'1� -J 3% . Number and Street Cit State Zip Code VfI� , -r1� t�d�� c�e , rqc ' �a�i� off" s"rocN i tAd icAcA ak ota" Name, Address andf� Signature of Abutting Property Owners. 3 .iJ-� 4. z� 5. 6,. 7 s. 9. 10. 11. 12. ' `\ 13. �I-- � r 14 . 15. (Use Additional Sheets) ' /� 4 f Tonka West Properties, REALTORS`' 1055 E. Wayzata Boulevard, Wayzata, MN 55391 (612) 475-2426 Hazeltine Gates Office Bldg., Chaska, MN 55318 (612) 448-4355 1404 West Lake Street, Minneapolis, MN 55408 (612) 827-4061 September 24, 1981 City of Chanhassen Bob Waibel 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob, We, Carver Beach Properties, which consists of Nancy Raddohl and Adrian Johnson now have a contract of all vacated streets joining Carver Beach to Mr. Owens and Mr. Troendle. Enclosed please find the Purchase Agreements. Sincerely, Adrian Johnson _,Is :�s A�iiJi .111 ii L 2) 1981 LIT11a west aravermes T^ inrt� 1�,�rt� a�T:�l.AL � ",' Cs �. Gt 1niv_�??a1FI aI Wayzata - tt712) 475-242G Mound - (6121 472-2414 Chaska - (612) •1 :9-0355 Wayzata Mirrr,....... MaAch 24 ftT RECEIVED OF....Adtian . Joluuon clue sum of......F'Lve Hundrted......... ................................................. .500.:.0.0........... ..... Check. . ....... TT ARC ......................................... as earnest money and in part payment for the purchase of property at (Check. Cash or Mote — State whtchl CoaveL Beach M-i-nne6o•ta p .............................................. I....... ....................... Counry of. CaAven .. Stare of Minnesota, and le ell described as follows, to -vita wc. .ari Oar 3 _ Loth 1 thiLu 36 Canvert Beach including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachabl4 vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, 1'�ghting fixtures and bulbs, plumbing 13xrures, hot water ranks and heating plant (with any burners, ranks, stokers and od)er.equipmenr used in connection there- with) water softener and liquid gas rank pm c-nrrols (if the property of seller), sun'Ip pirnp, television antenna, incincr. ator, built-in dishwasher, garbage disposal, ovens, cook cop stoves and central air condiribu;ng equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: Seventeen Th°u6and F.ive...HuRdked 17, 500.00 ) DOLLARS, _ which the buyer agrees to pay in die following manner: per' -- ._ .....°bbtina� LarnesrnoneY hereinPaid$ 5.0.0 .............. and$.17,000..,cash,on60 dayb .. the dare of closing. 4...ng, Th•i-6 o46eA , contingent upon Cary ob Chanha66en appkovaY az neee66aAy box gnat plat,. n,i_ nezong al (toad vacatLon6 Son tot deve.eopment. TUA o44ex contingent upon paopen. _.. 6oit te6t6.' Buyer to pay a.P_t co6t6 o4 6unvey, zoit 6amp.2e and -dot development. BuyeA �1 to pay zeuen6 eort ob rte2eased •broom Midwe6t Fedetat o4 ph-open..ty not .to exceed $500.00. Sc;UJe�o joky--aU 6-pee�iaC-cts6�6ment,6--?.evi-ed-and-on-pend.Lng as-ob-date- b-ao64,ng.._ - - '1 :74 V'J16.1iT iv LAC JL: i 'rC ..'r.. :-. C :' c w ... ry�'-•�: L-(.:. F I �U 'Y t J' ( iG' f L'J9U C i, "lr EC,'• (t/ GJ� / /-/� �t l Z/� /L ,.cY'--r lJp , .} �+t r /�!}..J tit Ce•r �wf-,Pt, e�' .i'.-1/I u V 1 I v I"ILtl;fo pcllurn .1 n.c by rl.e buyer E 1. scller s Ja r I r - .. .. \Val-anty Deed L oh}r (I.o he j uneJ fn by spouse, a :Iny) tomcyl l! !n rkerlblc rule 1. laid prclnlcts su nly oLu the IL,Ilor:in; tact Lwni: - - ia) L'uildiu}; :Lod 'rorltly; LL•,va, onliu.uae: SEare and 1cLIM11 racufa[iun:. (b) ltc,cfictiu is Mating to use or imptm rnenL ,f pramisca \VIrlIOL1f .IfeCuvl: forfeiture provis i. - (c) ICcu: rva[iun OI any uamcr,Lh or mi"er:d r rhos m dhe Swu, of \linnc;, rc.L. r 11 J,/� ��tt / L j.•' �CLC 1 e Ed) Utdlry Elul, e !tier— whi,h do nor i-erferc with in Pnrvcments. -it .. ..�+ and 1x:sc'nc (e) !(ich❑ ul Ecn.,r[- s 1-llr„s: I nuns. :11.Cilicd, our wbyrtE to u82 uies) - I�`��1�-�7'� �� t1A [" "3` i"i/ �•✓�` C:)ia -I-)f, d 'I he buyer 1h,dl I:ay (lie rL d estate eLses Jut ul dre year 19 I .uty unpal IO,ultnie,as JI SpeCllll Y _Cb1111L'Ih15 pay If I. t� r� duo i�, I`J i2 lae non. honlcuead - and Ihclralrrr Staler wunurts (liar r..d csnm t.Lscs the you will .. .. dasslhunon�(�. `✓' - - •- (full, partial or nun-hornes[ead—stuce which) A,, c.� . .qt W Neither rb, .eller nor the scdlrt's .,;cur n any c,I....entarion or warranty whatnuever ,-uncc.uing Elie unumut Of real cstate which sl II I f s 1 1 'c file pr,;pu'p ,uh-qu.ni to dl,:.L u, of purchase. c. ,:dltr of n nr, ilia(, Lu I I -, If soya an: cnrirc•ly wi1Lm the ! I y boas .1 th. pn,pu q•: I revs nl (error loll pcnumd . r I pe ry .C.. .-_ -,;i , . le a dale. SPLLER \VAIMAPI l - -,I L APPLIANCES, I -I AI ING AI:' nor iutluJcJ heroin a,:.!- all :Id n rt Iuh d1.. Imm.i'ts prior „ p. CONDl7'IONINti, 1,7IICING A.ND P1.11MhING USED AND I OC.ATLIi ON SAID PREMISES \hi EN PROPER WORDING VRDEft - Y date o4 ctoz ng 'loos scller hvdu-r :Ghee' 1 I In¢r 1. lion nuL Luc( dlvr pruvideJ chef sll rand ttlons of [his - J .t_ a4ree 0111L hat heelE I-ulrpltecl wll) Lllllt ll ,e specnc,J rl s I shall be closed . ur L I Ie 60 day, from [he date hereof. In the evenr this I,roperty is dc,tr.y 1 or s bst,luu.My dainagc,l by lire or ;Loy other c us u Lcforc dw cloning dale, rhti ,1greem ve shall _ •- Lcrorne null ;uad void, at Elie punh:ucr's ul. l u .1I d all nwmcs I rl h I under shall he nfun led w I Ici. 1 'Cho buyer and scller ulsu r.uu.111 • that pnE r.u.L adpl h of ren�t��)Curl%I, insrnLn- and city water, and, in Elie are of inunne property, LIErrcn, operatnl.q -pen—, s),.III be made „ of dale °4. dl1g . - - .. .. . 'Cho sedl.l sE.01, "whin a rcauanafl Our. f rl s :w, emun, furnish i ab [racr of title, or a Registered Property _ .Y . -^ •..- .. .- •ti?� .'i hSrlArt lernfed to fire [„ Inefll le I�rl,pLf —OchE, cOvering lookr1111LC1.e, a 11 Stlre and fcde1.11 )lilt L'tll.rl, lord Ilctl e. The buyer shall be IU I:Lys :dre, Irccipt dreuvf IO1 1 unu. u1 said title and the mskiu:• of b Lb;us tL,lcn,, ob j. he e Allohvul y }:L said actions n, m.,de ,r war ne; Or dcarncd vl he w.uvca. If any OI j t u Arc - made dht, s,.11,-r shall be dl-ve 1 1 -0 .Ia:, r , :u,d-c such title mankttablc. Prn,tigg - - _ ;'nun of title the payment, L:rrcuuJu nyuucd shall he 11u,111•nmd, hot upon unreuu>n of tale and within Ill days after written notice r. 111e I-YI., the lla.lie, shall 1-1-or thn apreclnenc accolJup• n. In Coors. _ - - --,\ It a.u11 ,rlc' r, nut marker lL(..: od a ill.i,E Ill) day> !roln the clue of wliucn ubjcu loos Ellerero as A,—, pr—ided, this ArrL•.nli nr shall be null and void, ,a ,qn inn ul [hc layer, Ord nvlthef pnnciph al saii he IiaLlc I'll .hullo .cs Ilelcunder to rho other prllclp,L I Icy nc,retulor- by Elie Luyr.c :.hall Lc r.110 dud. If the ride ru , oll prupc try he IuunJ m,u'I-e;..ble or Ile Glee, paid sr. OULIC within s.Ird aOd +',id buyer sh.Jl id ul l[ 1hany ul Ele aI•Icrnmun and I anti llie i default for a period of Ill J 1 f 1 11,E in filar i. Lhc- _Zr/"J . c scat( tray u10 Lih; c Ellis Llr.trr.¢r And tin unch leluli arum All tire p.q•ulents Made upon dlu w.mt [ 11E..It I r c I t y said seller EoJ ;aid .L,tenL, as I,ItLG'J ht'Ifl l; nil [Ile CSSe'll cc, hereof. 'I his ,\ deprlVe' ' ell L'If fe'.l,c'a[IVL- IIIfL re: [, Ill:ly appc'.Lf, Al ,I,ILI ,I:.nl,p;L'i, rime I.E !,iC,n shall rot either party' tit rho of rnlurcult file cpecihe pert uul.lre of du, c ntraLE ps r •,Jed such Loolfact sh,dl nut Le aralinAtnl .n .Elm esaid, and piovided.lirion - it)crfnne such apealic perlurn.mtc shall t tLOHOILI rued ee'lhiu ,isu unrhs after such right OI ,ltt,.m I hall arise. -- = -----r-- if ii un.IcnmuJ and ;,gt -ed that dui s Lhe is mad. subjcn TO Ehe n111110 1 by die Owner 1.1 ,,:Id plenlnc, in wririnr a11d that the - _- ,q:nol .I cur n in no m,uurcr Iwbl,, ur —I J& tin actor.." of dos .L ,--Or. —cep[ to return o, An aunt for the earnest money p:dd under 110. - The delivery of :Ell I:.yu:rs and monies shall 6c male ;it (he nllire of: 'I'ONKA WI PROM 1, CSI --- - - TONRAWT.SI'PROVEII.TILS it By crit I, he uudc iAned, Owner uI the .Lave land, do hereby approve . the Above• ae .lemon, _nd Of.,, sale dherl:bv nuldc. ! 1 hereby [twee to pu:chs.: Elie said property for the price cud .p,a tire rerun, above Ir:n,.., --d, And aUbi.ct tJ Of co"'I ne.::f i1 ' a ressc • tin i C Seller i....... ..... (S ) ..... 1 .... (Si3AL) Seller 1 I i+u¢er It it it � Tit, S IS A LEGALLY RINI-ING CONTRACT. IF NOT UND$RSTOOD, SEEK CObNT13 T-NT ADVICE. �� ,r�t,11,7 �'1`s fe•3' t�lt,(7in>'i�1rY1' I�)^ ti.VY�ti1T�j"'_.�'v�r ~��?rrl Wayeem - (612) 475.2426 Mound - (612) 472-2414 Chaska - (c.121 . rJa955 Wayzata, n:irtn........ MaAch...?................................ 19_89 RECEIVED 01; . Ackian T. John6on ___........._...._..................................... .......... ._.................... - ............... :..._. Elie soul of ....F.[.v. Hundfi.ed_.................................................................... II . , 500. D.............). DOLy-.J:I;S _.50 . C hecfz ..... I. ........ .... ........as earnest money and in part palymeur for the purchase of aroperty'st (Cheek. Cmh or irt.[.—.st.tu wh!ch) [ Ccvr.ven Beach hbinneeota.............. ....................... .............._........... .... situated in the ............................................................................. . County of ............Ca..... _........................ ........ .... I State of Minnesota, and lr:&14 described as follows, to -wit, Loth 37 -thAu 63 Canvea Beach f including all garden bulbs, plants, shrubs and trees, all storm sash, storm clouts, dectchabj'� vrs.:bules, screens, owning,, i::;ha:g shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rolls, `.ghtieg fixtures and bulbs, PluinbinA lixulres, hoc water Tanks and heating [)!tote (with any hurneis, tanks, stokers and other cquIr menr used in conueccjon theft - with), water softener and liquid gas tank and r-nirols (if the property of seller), smnh r cap. tefzvision antenna, inciner- aror, built-in dishwasher, garbage disposal, ovens, cuok top stoves and central air cuminio .- g equipment, if arty, used asd located on said prernises and including also the following personal property: all of which property the undersigned has this day sold to Elie buyer for the sum of: Four Thou6.and 4 000. 00 ) DOLLARS. which the buyer agrees to pay in the following manner: 04� Pia �. Earnest money herein paid $.. $OO .... _.._.. and w_ 3, 500 ..._..., cash, on 60 dayb {/wm {( (Yl�th-e date of dosh',e. This o4ben contingent upon City o4 Chanha,66en appAova2 a6 necu6cVcy son 4_inat P1.cat, Aezoning and )Load vacati.onb 6m devetopmentt; this o46e L .i6 contingent upon puwpen 60it 6ampte testa. Buyers .to pay aE2 6unvey co6ts and 6o.Lt 6ampte6. (This, o66en .ins contingent upon betteu 6.ign.i,ng a city constnuet.ion development con) act pAi.on to cto6.ing.) (Setteh-to-pay-att-,a-pe'c-icr--' -.6-e66-emnt-Zev.ied-a.nd--an-peed.ing-a6-of-date-09.� c2o6.ing, ) TIaz o66en. contingent upon 6ettena appnoval to hi.6 6a issacti,on that hia land Ri ,f be developable. Suhiect u, per(unna me by ,he buyer r6e xll, ., s to ---and a &Bust It (u, be iuined in by spnu>e, if :111y) uuwc)•inl; inarlm,ible title ,, aid J:rcnli;es subject only u? [hr lullt„aim; cx:cptious: (a) lfuildmg and z q laws, urJilIJI1C s, bta[c a.l Paleral n;wla'i.nu. (b) ke•sn'ic[ious rcl;ring [o use or improvement nt premises wi[Lou' elf—ive forfeirure pruvisiun. (c) Rcscrv:aiun of .uy roincr.Js ,I miaer.11 ricllts to ncI 5,6IC m Alin. -sore. (J i I'ti!iry .rod Juin.rgc - curs I,I—h du nar in —tire wide III. :I nt improvements. (c) Rlghis t,f u•n:urrs :ls tohlulvs: ! ud'c„ IIA:611c11, nor suhjru u, u r.I its) flit huycr ,Lail p.ly ,he real Lves ,lac ill the year "' 82• [ .1 any unpaid ins[aflnlrr.[s of epecsal asx-ssmena payable d,cre.c irh .I, and Ihcrc:dtar. Seller warr.wo [11A teal cswtc tnzcs due If) dlc year sir will lx .... non. ... .... honhsrc.r.l d:u;iuu'iur•. ( Ldl, partial or non-ho,nes[c.l.l — srnc which) Ncid— dm I.Owe .,It I!.I stilt is .I>euf Make ,my mprcxmatiuu ar wau:ulry wh.l[suevvr r{.r.Ll mini, tLr amount of real cstatc eu.� w•Lieb sL:dl Ix a,u::cl .u;air,,[ nc� pr.q,cl ey sui+sequen[ w die ,La: el pu ahaxc. Sc!Icr niva•I..:n,. Iln:l{ I•rlrl,lin_•.s, i1 any, an: cnrlrely within Ihc I., rnlu,l.try Imes of Ilse I—p!'1'ly an•1 :. •n:vs to rerlu - all perst,-I pnn•crty nut iodu,lc,l locil. a ti all ti,hri, III.— the prim kcs prior u, pn,:c: i.:n Jatc. SELLL'I; WAkv A'-. C:i AL APPLIANCES. Ill:A'f CCr;'�!Ull lr.)fvIN1.;, `h'IRING AND PLI!'.!IiL;G USED AND Liif: n'1'liD ON SAM 1'laiLNI i v, I— ;N I'L(WER \C'0I0:IN-6 ()RID -Lit I DIIAT OP date 0 C106 (n 'I7a seller I., u:recs u, deliver po ssiun nut lair, than 6. g provided d1a[ all rrmliriuns ut fhu urn cut hav, n,mphr,l \:•i111. IhJcm otherwise specilied Ihi, ,.de shall I" uu;cd on or hot ac G) days In,. the date berms. a to I!,1 eacar uu; properly it dr:ln.y:d Of substantially d.un.l—J by foe ur any od,ar cause I.•:Lur. ; L clwiuq d.ar. This nuagreement steal' b-ono, ll ,urd toil, .a Iho purLhs•c:'•:.11,6110, —11 .III monies I>JJJ Ilcl'eunder shall he rcluna: d ro !thin. Tio, buyer .n, s.alcr als„ m,Iurdly :,,ree that pro r•Ir.I Idil ontt r' It ••:. ilu, O'l tOo—nc :rod city water, and, in du' ales r,[ in —I, pluperty, u,n.:ui oprcltiul; I...I--, t6.,ll Lc made -a, of date Os_ It—.. _ ..- ._ . 'Clrc seller , all, t ithin ., re..,. r.Ibl; lien: a111r ::ppca rul of this aI;rccmcn', funli.:1l al :-h.11a,; „f tide, ur a Rccis[cred P.-I—tg ,,, A Lv r.ar certibe.l o, uc Ill in, Intl, pa�.rl.'l sc;unc�s L vrri3Oz b.tol-11-aeic;, :u1d Srare 011 fulor:l ;u,l,a :l.rru.,ndam1 Ii. Lcr c- huyshAl ysr all,., ..1 10 day,::I[,:,r—ip, drele.nr I:,r c•.,univatiou of ,:lid IitI, an.I the• akin) of ally nLlrn-0., 1.::�rcu,, said nhjeai,❑a ... he u Iltllilll•• III 11-1o'd r . ,.c w.,it !. II I_I ' < s , Itad, Ihr u!Ic7 shall he Aloo•ed 12u d r Le 1 [ Ic nu r.:ctaL.c. I i I t -m"Iruu „! talc [Lc i a}lornt. I , 011 I I la lush.-,! shall br pn,q,nncd, hat upon [.orrertion uI , .uul s ¢h n ID n!.Iy, ,,ilcr w'nrlCa u, the Layer, the pinic: ,L,IhI I•clln„LI rbF, aeurulen[ :rr.urdinr, n, in a-t—O— If Brit i, noI su 11uLin 1.'.0 d.+y; from the I1IiUIO ,,I;ill unn; thereto as shout pmvidrJ, [!.i: I••rcenL•u' ..Call Lc null .urd t ,id, a( ,.no. n of Ili[• buyer, and neuhcr prinupal sh.Ill be Iial1IV 1,11 u, : Imoinde•r n,'I" -I." 1--i-I Al: I•nlnt Ihcr" Im.r.. paid 6 da: ! u t ,ilall I:I: refunded. I, the III!,- I, li I c t I hn..: I :,i•,.rh! } 1' ) �I , ,. . l rap r y I t or he 1,) mad;. to r'nI „iJ n..r. .rn.l —id huycr shall It I t .my of dm .u:rt-uncros au.l LnnIILI c to ,!eLu11' h:r :1 point of It; .L v:. h,t, and in d r.,r cnrllhr ', ruin:ur Ihi:, anur.tar ,Old nn anch tr,ulin.0 sun AI dre P.ty.cuts n:adv upon This omtract :,hall '-,: by said sc111-r d lest rr.:pa[ivc• ino-nt t; M.Iy apo-r, :u ligni,l.,re,l ,'inn: hrim: ul the test., her of. '110, r ::m sL.11l nt:' deprive 60',, pony a: tint right of cnlulthl 11 l 1 - 1 1 - t II i t n r r[ ! r v I I such eunruet ,hall nu, I t t ,, I :lu:�s.ud, an,! pn.t dcd :uriu,t 10 cmbnac ah u ..pta:4t. ! crior n uu c sl, 01 ]IV rmunaurL,l t,nhin , u, Ihc, ahcr , Ith I o-111 o.f ar rI ,.II AM — I, !f is un;lru l„u,l and .u;rrc,! Ella drls NJIt: h made It, Ir, rt—Il'JO—II by dre uwurr;n ,-;,I l I.I-.r - in "hing.md 'it." dI and;r- cd ., cnr i. in u,..�ow ncr Ii.d:Ic to a•.p„mible un aLu,unt If thus .�ccu lecm', ezacpt to rerun, „- ,u. ...rtlnr the rarne,r nnr. -y p:li.l un.:nr t h i'r. uu Ilrnrr. 'I III Jchvcry ut A[ ya;.its and .,nuts sh.d! bI: Matt ar dtc oleo, of: •TONIC:\ WEST I RON Ir 'I'IINKA W1f51' I'ROI'lil(' IFS 1, die l,lldC[51):nrd, ,nVlref Of die .r Lovc I—d, do hereby approveAgea By dv. al ..nd the'A. then-I.y rtl.dc. !� 1 hcrehy a);ree to t.urd::.se :f.c said property for the prir. _m.f !I upol, the I,—, ::hove-._......L.W. nod sv!tjca :a IJI e net C. { `tea ` ; �./ , I /L . _ . , .'_. ��. (SEAL) ` I over . 1c.c.-va:G.,... .. ... _.._e .. .. (SEAL) iI ,_....... .._....... (�f1L) ,.ells[ f+� ' IUS iS A LEGALLY 1t1Ni]MNIC CONTRACT. II NOT UNDER STOO:), S'..S�.I, CO*.ri'ETPIVT ,•gyp;'�(�.._(' � C-oy ,...r J: t'rr .• t C.Jy i:4 I-L 4-_,.l P_, RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bill Monk City Engineer Box 141 Chanhassen MN 55317 Dear Bill: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA S5402 December 1, 1982 TELEPHONE (612) 333-1511 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 partnership's 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 negotiations with Mr. and Mrs. Hobbs concerning this involvement in the proposed plat. I \ I," Very /trulyi..,fours , 12USSELL 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 ' 1 lira �- �.,_.- .,� �_,,., - .� -= t,�■sc rag GENERAL PURCHASE AGREEMENT =� Wayzata- (612) 475.2426 Mound- 1612) 472.2414 Chaska- (612) 4484355 'am; 'ay,-atyz .Mien, i _ _ "f1 RECEIVED OF .... Aev ian..T....do,"m6.en............................ K.r . the $um of.....f.Lu2.Flunduid.......... ............................ .................................................. (V.4-n.n.0 ... ....... ) DOILAjW ;fit .# ..lrheck...................:.:...................as earnest money and in put payment for the purchase of propi q ae Nola —out. whirl") CcRV.?li..a�.fll: RL... !a n/LQE QtG ................... ..:......sit ated ii County of .............. CaIWeA............................................... , State of Minnesota, and legally described as follows Lois 37 tJ 7u 6 3 Canve)t Beach i f 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 fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection them with), want softener and liqquid gas rank nerd t tltrols (if the property of seller), sump. pump, television antenna, itXitfer ator, built-in dishwasher, gubage disposal, ovens, cook top stoves and central air conditioning equipment, if any, U* fend r located on said premises and including also the following personal property: zi all of which property the undersigned has this day sold to the buyer for the sum of: Foivc..IiLoc(ianri which the buyer agrees to pay in the following manner: � �' ��r p) E Earnest money herein paid S... t10......:........ and $...fir ........., cash, on .. Si'.. C{at!d.. x0!'7..^;l l:t)IQche tfe o7"�T V& Ti,a oJ6eA .i,a contingent upon Ci i.',c o$ C,4antfw vr, ttpp t-waZ as rt?_cf dLOh f Jojc ;4na Ptat�;4 h2.zoni.ia and kooad vaclattoiu box dev+i=P_o):ment; tht6- oF,„'f.,A ib collt,tngEnt Upon pn.'+palt- w.._._...,.: eoitt 6arl,te zc.s.ta. Euye>< to }xt_y aU alrftve', eobtis anti aoit balr;7tcb. '. 77t a ojjeA,i, ,e = corlitrtclerl upon betC21td'bignittq a etty cant ttt(cLint: d.evefepmvit contwat ,?JAi CO co t}. rP R±Y12llr(C �QJ' aL,4 dg,,, Vrras o6Jen contingent upon 6ette3 apr7.Y0t+j to h..0 zatZa6aCtton .that UA Za,1d ai U 'x deveeonab.te. Subject to performance by the buyer the caller agrees to execute and deliver a.................................:......;...............;.,:.s::.:.:.... WArmory Vised (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: - -"-•:'"'k (a) Building and zoning laws, ordinances, State and Federal regulations. -- (b) Restrictions relating to use or improvement of premises without effective forfeiture provision.. 5�. •- • i (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. :. ,. _ (e) Rights of tenants as follows: {unless specified, not subject to tenancies) - . - � •�t '' . i .. t _ - The buyer shall pay the real estate taxes due in the year 19..1..1... and any unpaid installments of special assessments payable themewk6 - and thereafter. Seller warrants that real estate taxes due in the year 19 ..$$.. will be ..........................:.. Homestead claas'6waoa,:..� (full, partial or non -homestead —state which) • "'�' Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estatrttxes 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 property - - - _ not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING: AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. r The seller further agrees to deliver possession not later than ...-da..te.. Q.4...CtOS,!�r!! ......... provided that all conditiam sdlthn - agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. - Its the event this property is destroyed or substantially damaged by fire or any other cause before the dosing date, this ag thall ' - - - - - - - - • - -- become null and void, at the purchasers option, and all monies paid hereunder shall be refunded to him - to -` ^- - The buyer and seller also mutually agree that pram adjut},sc ents of re s, interest, insurance and city water, and, in the c"e of income property, current operating expenses, shall be made as of ...1.Cl i?. ..4./,...0 6:.11^ .................................. ...... _ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be aY , allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pehdiog ._.,. .. - _, .. • .. ... :......... ....:,.,,..,,._�, correction of title the paymentshereunder required shall be postponed, but upon correction of title and within 10 days after written notice - y.- ` - - 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 pmvided:,thet' agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other printipaL=:f - - All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time. - "•' 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 54ller may 5 terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent' $- _ _ their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parey of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided anion to enforce such specific performance shall becommencedwithin six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the.i;nder signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under ;`„�4 this contract - - The delivery of all papers and monies shall be made at the office of: TONKA WEST PROPERTIES ` -' -•- . _ ,::, _ TONKA WEST PROPERTIES - rr B............. ........ ... _ ................................. Afeat `, 1, the undersigned, owner of the above land, do hereby approve ,- the above agreement and the sale thereby made. I hereby agree to purchase the said property for the prior and upon the terms above mentioned, and subject to all 000dfdow - _ herein expressed. ........................... ......... .... SEAL } .. ... Seller .......,.,. .,,r.,.... - e............. ...^ Buyer _ -- - .- -4=................................... ..................... ........ ... ..... ......... (SE AL) ........................ ..................... _ Seller • Buyer ' z THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVi(� "t n s'�rwic«'¢"'�-A,�'•;;St „tc. s•4•:+J+5>ik � WHITE - Office Copy CANARY - Buyer's Copy GREEN - Sollar's Copy PINK - Buyer's Record , Dated Dated Approved by n c 1 7onka West I�Iropertues, Wayzata - (612) 476-2426 Chaska - (61.2) 448-4355 ADDENDUM TO PURCHASE AGREEMENT "['he undersigned Parties to a Purchase Agreement dated March 24 Lots 37-63 Carver Beach on property known as hereby mutually agree to amend said contract as follows: p For $ as additional consideration sellers agree to sell to buyers their ownership in the road vacations to the North of lots 37-63 Carver Beach and to t South of their pTopertY upon vacation of road. l: s A All other conditions of the Purclase agreement to remain the same. l7 Buyer Buyer - Seller ' --------------- Seller Couticil'Meetirg November ;5, 1982 -2- 1983 REVENUE SHAR-ING BUDGE-T: 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. The 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 Ne.veaux 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 Co,uncil Meeting Nover.—er 15, 1982 -3- 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. 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 no 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 th-.t. the location of Outlot A would not serve both the Troendle and Owens properties to the norti,. Mr. Hess explained that Outlot A does serve the Owens property. i�,e developer has an agreement with Mr=. Troendle to provide access thru.:,-:h 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 con-ract dated September 20, 1982, specificali,- Section 4.01. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson and Councilman Neveaux. No negative 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. CITY OF 6 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Bob Waibel, City Planner DATE: November 9, 1982 SUBJ: Carver Beach Estates Development Contract PLANNING CASE: 78-19 Subdivision Action by City Administrakt- Endorsed Modified Rejected Date Date Submitted to Commissi Date Submitted to CounGA As shown on the attached, the applicant is in disagreement with Section 3.01(a) and Section 4.04 of the development contract drafted by staff which respectively concerns the levy of five sewer and water lateral assessments in 1976 and the requirement for dedicated right-of-way to the property lying north of Carver Beach Estates. The staff position regarding the above mentioned special assessments is found in the attached City Engineer's report. With regard to the northerly access for Carver Beach Estates, the City is being asked to accept the area planned for northerly access in the form of an Outlot (Outlot A on proposed plat) deeded to the City as opposed to the typically required dedicated right-of-way. Furthermore the City is being asked to require the owner/developer of Lot 7, Vineland Addition to "address the future replatting of Lot 1, Block 1, Carver Beach Replat as shown on or similar to" the Landplan Inc. drawing dated received Chanhassen Community Development Department October 28, 1982 at the time when any portion of Lot 7, Vineland is considered for replatting. Staff is recommending denial of this request for reasons that the dedication of right-of-way for future access is on a plat removes potential future encumbrances on the City's ability to improve such access at an appropriate time, and that the City should not imply condition for the future development of proper- ties outside of an area proposed for platting. Also, attached for your information, is a letter to the Mayor and City Council from Mr. Walt Hobbs dated October 16, 1982. Regarding this, there is no City action necessary. Memorandum - Carver Beach Est. November 9, 1982 Page 2 Report Attachments 1. Letter from Adrian Johnson and Nancy Raddohl dated received Chanhassen Community Development Department October 25, 1982. 2. Preliminary Developer Agreement from Don Hess dated received Chanhassen Community Development Department October 28, 1982. 3. Attachment A. 4. City Engineer's Report dated November 15, 1982. 5. Carver Beach Estates Development Contract. 6. Letter from Walt Hobbs dated October 16, 1982. 7. Carver Beach Estates site plan. t.;ARRIAG E HOUSr. REALTY & INVESTMENTS, INC. October 21, 1982 Mr. Bob Waibel City of Chanhassen 690 Coultier Drive P. 0. Box 147 Chanhassen, Minnesota 55317 RE: CARVER BEACH DEVELOPMENT CONTRACT Section 3 - Status of Special Assessments 3:01 - Levied Special Assessments (Page 6 of Developers Contract) (This letter is an integral part of this agreement,) We would like to appeal to the City of Chanhassen regarding the above referenced levied assessment in the amount of $16,095. We will be doubly assessed on Lots 3-4-5-6 Block 3 of Carver Beach Estates. This assessment has no benefit to our property. We have given up land for easements and assisted the City of Chanhassen on the road problems at our expense. We feel this assessment was poorly planned six years ago and ask that this assessment be dropped. We will be attending the next meeting on November 4th regarding this matter. We would appreciate your cooperation. Thank you. Sincerely, " 4!z1'e0' zz' AdrPER ohnson/Nanc�dohl CAREACH PROPERTIES AJ:ds Attachment: Developers Contract OCT 251982 CITY OF_ CFd WHASSEN CITY OF CHANHASSEN RECEIVF-D OCT 25' COMMUNITY DEVELOPMENT DEPT 332 2nd. Street, Excelsior, MN. 55331 (612)474-0894 yt: PRELIMINARY DEVELOPER AGREEMENT LANGUAGE U By Don Hess - LANDPLAN INC 10/28/82 The partners of Carver Beach Properties propose to deed Outlot "A" of the proposed replat to the City of Chanhassen to be used as future roadway access for Mr. Owenas property known as Lot 7, Vineland, on the condition that Mr. Owengs future replating effort of Lot 7 Vineland also addresses the future replating of Lot 1 - B.1 - Carver Beach replat as shown on or similar to Attachment."A". PROJECTED BENEFITS CITY The option of logically completing the Carver Beach replating effort started by the developer will be preserved for the city without forcing either Carver Beach properties or Mr. Owensinto an untimely action to do so. MR. OWENS Mr. Owenshas sold the non -mortgage incumbered portion of his land to Carver Beach Properties to accomodate the current replating proposals, maintains his best interest by protecting his existing low rate mort- gage on his overall property including the property in question. He will then at some point in the future without the threat of a mortgage penalty to develop or sell all or a portion of his property knowing that access is secured to the south. CARVER BEACH PROPERTIES Although their immediate best in- terests cannot be served, it does permit the future opportunity for Carver Beach Properties to recover some of the development costs of plating and build- ing a street with utilities which does not provide them with immediate building opportunity. CITY OF CHANHASSEN 2 g> COMMUNITY DEVELOPMENT DEPT N "Im 0A ITY E- I B!'11MUMM 0-' RM I a] ;J W-1 401 Townes Road Wayzata, MN 55391 473-5711 -79 2ef ' G�i/��'Gt/�sY' ,ScTiir / TtZr 7 S�-CtK� � C-f��T-may oll A,os�"Zt X4-�� CITY bF 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: November 10, 1982 SUB J: 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 frontage 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. of W.Py .;Grver -in ty No. 17 6"y I;rle of Los 7, "V;nefand" 1123.45 Z54.6 3 _90.00 50,00, 77.44 777 7 T _T 4i J__4 2L _L__ -7 4& L To S to 3.11 : .1 S'ly right of w2y ne of Narc;5stis �A, ti; — 5,511111W I — --,— — — � — _[--I— — — — — — 1 7 BOULEVARD' -4- `77. 7:43 ROAD NO. 17) oq 17' t r%I &I A, Lu 341 --j 107.20 I r -4 r_ qj 4e J--i 41 X 4 4G1 -n 1 1 ol! Z Ln 5 11 1 -4 U4 0 ZI 1 v ------ T- souf s.00-4 L Fg4�j-�-� p I J7 line Of Lot 102:'I- 1�d kS.E4ai J40.06 corner of We.-st 5pf. of Lot-" 96.40 rj 15 . ........... N.8Z'17101, of 73, )OZ, CARVER-BEACH,135.00 /V 8Z017'o1,,W., , t124.00 _T _* . 88.'37'30"W 7 40 , T. _4s L '.2. ed 'Pdaplk Roal f WpJe Road LU J '--South line a LU N.W corner oJ Lot Z10 t I N.Ei. Cor er a Lot 2324-, of Lot �292J 98047'IZO"W.1 -4 I:; „„.I Ea6f NA ji�- i- rj C6 Y" 12 IL z 1b QU 0 0 r % 6'34* 30. 3,, 147' L 4� Gp. M966 t0 84.69 JZ. 1W P% 1004.3 7 Mrm amm ANI 5 A%J Mk e- Y F 40 Wly righf of way line of Western Drive rhl 9/20/82 CITY OF CHANHASSEN CARVER BEACH ESTATES DEVELOPMENT CONTRACT PARTIAL RE -PLAT OF CARVER BEACH CARVER BEACH PROPERTIES THIS AGREEMENT, Made and entered into this ��x_--day of _V , 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 City Zoning Ordinance for the 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. rhl 9/20/82 (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 Developer's 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. -2- rhl 9/20/82 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. -3- rhl 9/20/82 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 Inspection. 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. r 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, -4- rhl 9/20/82 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. -5- rhl.9/20/82 9/28/82 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 52.01 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. Liabilitv 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 Special 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. rhl 9/20/82 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. Snread and Pa°,ment 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 Hearing and Right of Appeal. The Developer waives its right to public hearing under §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Deferred Special Assessments. -7- rIhl 9/20/82 SECTION 4. SPECIAL CONDITIONS. 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 rhl 9/20/82 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 � 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 N rhl 9/20/82 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 110% 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: -10- 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 Proceedinas. 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 -11- rhl 9/ 20/82 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 By_ P r Attachments: Exhibit A: Exhibit B: And G _ Partner CITY OF CHANHASSEN By t Attest Legal Description of Lands Proposed Preliminary Plat, Dated July 6, 1981, Revised July 10, 1981, Prepared by LandPlan, Inc. -13- STATE OF MINNESOTA ss COUNTY OF rhl 9/20/82 On this Aa�day of &_, 19 4A before me, a notary public within and for said County, per- sonally a:ppeare air ia6 n � -2nsa .-, and to me personally known, who, being each 6y 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 partne ship and s id 74drr'a m �hh5on and '-n d off/ acknowledged said instrument to be the/free act and deed of said partnership. � nnnnrvv�nnnnnnnn •� , , , .. � , ,,,nn�n w NOTARY FUSLI" iEt;'SOTA s CARVER COUNTY 'S Not ✓ ub11c rAy Commission"i_xpires Jan. 9, 19536 >' m VvvwvV\,v�'.v%/✓vvwvVVVVVVVVVVVV'vVv,r 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. Notary Public -14- TO: Mayor and City Council Froms Cheryl and Walt Hobbs 6671 Powers Blvd. Chanhassen, Mn. 55317 Dates Oct. 16„ 1982 Subjects 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. 4.01 Townes R oad Wayzata, Mn. 55391 CITY OF � C-HANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 18, 1982 Mr. Adrian Johnson, and Ms. Nancy Raddohl Carriage House Realty and Investments, Inc. 332 Second Street Excelsior, MN 55331 Dear Adrian and Nancy: In order that we may proceed with the final platting of Carver Beach Estates, I ask that you send me copies of any agreements that you may have with neighboring property owners. If this information is submitted within the next week, it is anticipated that final plat consideration can be rescheduled for December 6, 1982. Please call if you have any questions. Sincerely, Bob Waibel City Planner cc: Scott A. Martin, Community Development Director William Monk, City Engineer Don Hess, Landplan, Inc. Lake West Construction c/o Dwight Cravens 13708 Wood Lane Minnetonka, MN 55343 November 28, 1979 City of Chanhassen 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55 317 Re: Carver Beach Properties Attn: Bob Waibel Here is our abstract certification. How is everything going in regards to picking a couple of plans? I will call you later this week. Hope everything is fine. Dwight Cravens -35- -PLANNED RESIDENTIAL DEVELOPMENT (PRD) or CASE NO. PRD/PCD PLANNED COMMUNITY DEVELOPMENT (PCD) City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application November 19, 1979 Escrow Paid Date Received by, Applicant Lake West Construction Name: Cravens Dwight. W. Last First Initia Address: 13708 Wood Lane Minnetonka MN 155343 Number and Street City State Zip Code Owner: Carver Beach Properties Last First Initial c/o Tonka West Properties Address: 1055 E. Wayzata Blvd. Wayzata MN 55391 Number and Street City State Zip Code Address of property in question: Narcissus Road and Summit Drive Carver Beach Legal description of property in question: Attached Present zoning of property: R-1 Present use of property: Vacant -undeveloped Proposed use of property: R-1 The followina documents shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Development Plan 3. Escrow Account Lake West Construction, Inc. c/o Dwight Cravens 13708 Wood Lane Minnetonka, MN 55343 November 19, 1979 City of Chanhassen 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55317 Attn: Bob Waibel, Assistant City Manager Re: Proposed Carver Beach Development As per our conversation on Monday, I am sending two copies each of the fi-vt"subdivision options. The application for consideration of planning request is here included. I will also be contacting the Carver County Court House to get the list of adjoining property owners today. If there is anything else that is necessary for me to do at this time, please call me at 475-2426. Thank you for your help. Dwight Cravens Lake West Construction -36- 4. Abstractor's Certificate 5. Final Development Plan Date Received Initial I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for planned unit development. � prature or Applicant -- . � yo,* Signature /of Ownek Date Received by Title Date (Following to be completed by Aoning Administrator or City Official) CHRONOLOGY DATE BY Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Development Plan on Planning Commission Agenda -Planning Commission Post oned to -Newspaper Publication Adjacent Property Owners Notified Publ c Hearing Planning Commission Action Preliminary Development Plan on Council Agenda Council Postponed to Council Action Preliminary Development Plan Contract Final Development Plan or Planning Commission Agenda Planning Commission Postponed to .Final Development Plan on Council Agenda Council Postponed to Final Development Plan Contract Executed Escrow Returned - Amount: CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 January 22, 1980 Mr. Arthur Owens Mr. Joseph Troendle 6535 Peaceful Lane 1015 Pleasant View Rd. Chanhassen, Mn. 55317 Chanhassen, Mn. 55317 Joyce Bennett Mr. Ken Millis 975 Pleasant View Rd. 6661 Nez Perce Chanhassen, Mn. 55317 Chanhassen, Mn. 55317 Mr. Walter B. Hobbs Mr. Roger Derrick, Derrick Land Co. 6671 Powers Blvd. Shelard Tower Chanhassen, Mn. 55317 Minneapolis, Mn. Dear Property Owner: As you are probably aware, the City has received a development proposal for the property commonly known as the Quady property located in northwestern Carver Beach. After several meetings with the applicant, it became apparent to staff that extensive consideration must be given to the overall future traffic cir- culation in the vicinity of the subject property before any development plans are approved. At staff's request, the applicant has drafted four options of development and traffic circulation for review by surrounding property owners in order that the most suitable option(s) may be presented to the Planning Commission and the City Council. I would request that you review the attached sketch plans and contact me at City Hall either to discuss the options or to schedule a meeting to go through them in greater detail. Meetings can be arranged individually or with the other property owners. Please feel free to present other schemes. Also attached, you will find a copy of the Carver Beach Guide Plan Map. You will additionally note that on the sketch plans A through D, there is noted a proposed collector street along the north side of Carver Beach. As you know, the City Council disapproved the plans to have a collector status street in this area, however, if such an alignment would be proposed for east - west movement, this would be in all likelihood a local street standard with minimal sub -regional traffic. Despite the fact that the alignment of the previously proposed collector street is shown on all four of these sketches, it has by no means been found to be an indispensable option. -2- JF--ruary 22, 1980 It is my hope that by going through this review, we may be able to afford all the property in the vicinity the greatest future flexibility for the intentions of the respective property owners. When you have reviewed the plans, please feel free to call me at 474-8885 to discuss them in more detail and or to schedule a meeting for further review. Thank you for your cooperation. Sincerely, Bob Waibel Ass't. City Mgr./Land Use Coordinator BW:njo Attach. �V k • Q2 Niz h �oe O v1J Vn _ _ , y� _ c r 14) IN R�. Ok41At \ _ lk Ito CT a v A \� ... � /. >< ,ram-• _ 4t ��il irs:• V _ .' -°� � ' v � ' = � -e'er 1-�• '' � � /'/ � �/ � � W _ � or vi �A $Tr f ❑ ❑ � � `.; I \ 1 W_ 3 �C a e9 W V 1 \ 1 10 �,JO S:1 - / ..gyp 1 �\ ❑ \\ .:� � v Igo -� fb it CLI — —f O 4LAJ n A ■ 4 ri 0 4 OJECT: Carver Beach Estates NO: TYPE: Municipal Private X DEVELOPER: Nancy Raddohl 474-0894 CONTACT: same ENGINEER: see below CONTACT: PROJECT STATUS: Improvements guaranteed by letter of credit with tion to commence by July of 1987 If not, check with County to see if plat recorded and contact owner about status This may be first time city required to use financial Guarantee to install improvements. Coordination of improvements with s at either end is important Also, it should be noted that Lot 2 Block 2 is unbuildable pending major drainage m rovements in area which are un!likel . Old construction -Plans in file have never been approved New set should be rezuired. LETTER OF CREDIT STATUS: Letter of credit from Builders n & Finance in amount of $187,000. Expires on 1987. t CITY _DF C-HANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 8, 1982 Ms. Nancy Raddohl Carriage House Realty 332 Second St. Excelsior, Mn 55331 Dear Nancy: Bill Monk, George Donnelly, and myself have reviewed the building sketch for lot 1, block 3, Carver Beach Estates which was sub- mitted to us yesterday and find no problems with the proposal, however, Bill would like to discuss a few soil and drainage mat- ters with the contractor prior to commencement of construction of the home. You should be in contact with George Donnelly, City Building Official, for making application for a building permit. If you have any other questions or comments, please feel free to contact me. Sincerely, Q Bob Waibel City Planner BW:k cc: Bill Monk, City Engineer George Donnelly, Building Official i EGAN, FIELD & NOWAK _ SURVEYORS 7415 WAY2ATA BILVC. ftN MINNEAPOLIS, MINNESOTA CERTIFICATE OF SURVEY For CARVER BEACH PROPERTIES SCALE: 1"-50' so • �s �1 Q kN tij .t2.p` o L_ o G ;'? 26 ' A 4& z2w" ✓ O- DESCRIPTION: Lot 1, Block 3, CARVER BEACH ESTATES (not recorded) Note: Bearings shown are assumed We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildin9, if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 24th day of September , 1982 EGAN, F l0 i NOWAK,INC le No 5771 USook No.! I by /�,liy/(,(. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (� (612) 333-ISII August OF COUNSEL Tugus10, 198O2 HARVEY E. SKAAR l• 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 January 7, 1982 Mr. Bob Waibel Director of Planning City of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 RE: PLATTING PROCEDURES FOR CARVER BEACH REPLAT CHANHASSEN Dear Bob, As you requested, I am sending you the attached graphic for a proposed two phase method of platting the subject property. The owner, Carver Beach Properties, wants to develop and build on Lot #11 as soon as possible. Lot #11 is very easy to plat and develop. More work and time is required to develop a final plat for the north 21 lots and will unnecessarily delay the development of Lot #11 if the property must be platted as a whole. We both concluded it may be acceptable to plat Lot #11 and outlot "A" (old Lot #12) as Phase II. You felt Phase I may not require any action by the city council, but only review by you and the rest of city staff because: 1. No developers agreement is required. 2. Sewer and water connections can be made at once. 3. Only a short section of Summit Drive must be vacated. 4. The plan for Lot #11 and outlot "A" (old Lot #12) is basically the same as the preliminary plat. Please let me know as soon as possible if this procedure is acceptable, and we will begin the process for Phase I platting. Thank you. Yours truly, tANDPLPYN,F INC.--, David Owen Landscape Architect DO/rg Attachment cc: Adrian Johnson Nancy Raddohl I HIM El a'4 ['37 P, M UE"d A k'k' 401 Townes Road Wayzata, MN 55391 473-5711 LQlida ova* zl—" -=4 NvIdaNVI 0 BF, n I V L'Am *SEI �H Md L-d- L 7 5-11 Ul coo ]5 3! Fw- z 1,4 4t On I Li rwm-� V6�ft. Li jo 17 A7 —1 01/ Ud - --------- Chanhassen. Minn., --- IN ACCOUNT WITH CITY OF CHANHASSEN -1 1 / /-, -, of 42/ 19- 3C, &Y7 -3 oy> &Y7 -3 oy> CITY -OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 CARVER CGiJN'1'Y HERALD July 1981 LARSON & MERTZ QUADY #912 Publication 36.98 August 1981 Review on 8/5 of Carver Beach replat file and drawings including examination of plat of Carver Beach and plat of Vineland, research on road vacations statute and court cases on same; furnish detailed opinion to DIVA 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 CARBON & 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 BIM 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 improvements: 399.30 LARSON & MERTZ January 1982 1/13 Telcon from KE re preparation of final resolution vacating streets: 7.25 BALANCE DUE CITY 473.08 12 Quad page 2 ESCROW PAID June 28, 1982 & MERTZ May 1982 5/18 telcon BW re plat and development contract; 5/21 telcon BW re instructions for title check on lots considered for building pennit: 1,200:00 33.00 5-28-82 balance 693.92 LARSON-& MERTZ Aug 1982 8/9 status report to BW re development contract pre -conditions: 66.00 LARSON & MERTZ Sep 1982 9/13 review file in prep for drafting of development contract, 9/14 review file in prep of dev contract, commence work on dev. contract; 9/15 work on dev. contract; 9/16 conf w/BM and JM re plan details and special assessments; 9/19 complete draft of dev. contract, including telcon w/Adrian Johnson; 9/22 proof dev. contract; corres to DWA, SAM, BM and BW: 1,039.50 LARSON & MERTZ Oct 1982 10/7 preparation for and conf w/Adrian Johnson, Nancy Raddohl, BM and BW re development contract: 36.25 11-8-82 Balance Due 447.83 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Adrian Johnson 332 Second Street Excelsior MN 55331 Dear Mr. Johnson: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 December 11, 1981 TELEPHONE (612) 333- I511 Re: Carver Beach Properties We have drafted the attached consent to road vacation form to be executed by Arthur W. Owens and Ruthanne W. Owens as owners of Lot 7, "Vineland", and Joseph W. Troendle and Luvan G. Troendle, as owners of Lot 8, "Vineland", whereby they consent to the vacation of the road within the plat of "Vineland" abutting the southerly lot lines of their properties. A sketch showing the proposed vacation is also attached. Please arrange to have these owners execute the consents, using the names as typed below the signature lines. Their signatures must be acknowledged by a notary public. Send the original executed forms to this office. If you, or the owners, have any questions, please call us. We are in the process of preparing the Carver Beach Properties development contract, but before proceeding much farther we need to know who are the fee owners of the properties comprising the plat, and the legal name of the entity developing the project. If the latter is a partnership, please furnish the name of the partnership and the partners. Your early attention to these matters will be appreciated. RHL:ner enc cc: Bill Monk Chanhassen City Engineer Very truly yours,. RUSSELL H. LARSON Chanhassen City Attorney r 4 / 1 �. � ♦I1 J � V 19 CITY OF CHANHASSEN 690 COULTER DRIVE • P 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: George Donnelly, Building Official FROM: Bob Waibel, City Planner DATE: May 24, 1982 SUBJ: Building Permit Application for Lake West Builders, Inc. PLANNING CASE: 78-19 Subdivision The following is in reference to the building permit application made by Adrian Johnson for proposed Lot 11 of the Carver Beach Properties plat. I have verified that the lots of the Carver Beach Plat which comprise proposed Lot 11 of the Carver Beach Properties Preliminary Plat are under the ownership of Adrian Johnson. This verification was made from the Carver County Tax Parcel printout released on May 17, 1982. Since the building permit application has been made for the proposed Lot 11, said application is not valid until the street vacation for Summit Drive and the proposed plat for Carver Beach Properties, Inc. has been filed. If a building permit application is received indicating a combination of lots from the existing Carver Beach plat, a building permit should not be issued unless the total land area exceecsl5,000 square feet and has 90 feet of frontage at the building setback line. In consideration of all the stormwater drainage constraints in the vacinity of the proposed building site, it would be preferable that the applicant first file a replat for this area including a vacation of Summit Drive. Please contact me should you have any questions on this matter. cc: Scott A. Martin, Community Development Director Russ Larson, City Attorney .INVENTORY AND EVALUATION 8011,-..AND.V4TATER RESOURCi-i S FOR THE CARVER SOIL & WATER CONSERVATION DISTRICT COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 CARVER BEACH PROPERTIES INC. PLANNING CASE NO. 78-19 SUBDIVISION CITY OF CHANHASSEN REQUESTED BY: BOB WAIBEL, CITY PLANNER 690 COULTER DRIVE, P.O. BOX 147 CHANHASSEN, MINNESOTA 55317 REVIEWED BY: DONALD C. BERG, DISTRICT.CONSERVATIONIST USDA SOIL CONSERVATION SERVICE COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 JULY 20, 1981 ti ---------- r-A S' 0 LN) 1.7-4 lf-AIMEL El -1 wr., arl Ej- "OrLAN I�C t,wNrn -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 Name: Last First a Address: 10052 olr5r V W2krk JAA 1 9V 3� Number'and Street cityState Zip Code We,, =N , tUC6Y'rz';3Y1eA, r9o,4. vwAKPA off" i�e stre.eN i► 4 4tcA cu tke,-Afar,W 6*. Name, Address and/ Signature of Abutting Property ners. 2., 3. L 4. 5. Csd 6, 7. 10. -11.*tf S 12. 1 13. 15. r `Use Additional Sheets) ,��.-E.�-L— /� N CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Dated: November 16, 1981 Motion by Councilmember Geving Resolution No. 81-39B Seconded by Councilmember Horn VACATION OF PORTIONS OF NARCISSUS ROAD, MAPLE ROAD AND SUMMIT DRIVE, IN MAP OF CARVER BEACH AT LONG LAKE, AND PORTION OF ROAD IN PLAT OF "VINELAND" WHEREAS, The City of Chanhassen has received a petition for the vacation of certain portions of Narcissus Road, Maple Road and Summit Drive, in Map of Carver Beach at Long Lake, and a portion of a 33 foot street right -of -way -designated as "Road" on the Plat of "Vineland," all as more fully described herein, and WHEREAS, A public hearing was held on said petition on November 18, 1981, and WHEREAS, Said public hearing was preceded by two weeks' published and posted notice as required by Section 412.851 of Minnesota Statutes, and WHEREAS, There is no public interest to be served by the continued public ownership of those portions of the above roadways as shaded in red on Exhibit "A", attached hereto and made a part hereof, save'and except the retention by the City of Chanhassen of a utility easement for all public purposes in, over, under and across all that portion of Summit Drive lying southerly of the northerly right-of-way line of Maple Road as extended and the northerly right-of-way line of West 67th Street (shown as Laurel Road on Map of Carver Beach at Long Lake). NOW, THEREFORE, BE IT RESOLVED, That the following streets and roads, or portions thereof as more fully described herein, may be and hereby are vacated: 1. The entirety of Narcissus Road as shown on the Map of Carver Beach at Long Lake, Carver County, Minnesota. 2. All that portion of Summit Drive extending from its intersection with Narcissus Road to its intersection with West 67th Street (shown as Laurel Road on Map of Carver Beach at Long Lake, Carver County, Minnesota); provided, however, that there is hereby reserved unto the City of Chanhassen, its successors and assigns, a utility easement in perpetuity for all public purposes in, over, under and across all that portion of Summit Drive lying southerly of the northerly right-of- way line of Maple Road as extended and the northerly right-of-way line of West 67th Street (shown as Laurel Road on Map of Carver Beach at Long Lake). r 3. All that portion of the 33 foot road right-of-way abutting the southerly lot lines of Lots 7 and 8, "Vineland", which right-of-way is designated as "Road" on the plat of "Vineland", Carver County, Minnesota. 4. Maple Road, from the east line of Summit Drive to a line 5 feet west of and parallel to the west line of Park Road, as shown on the plat of Carver Beach. The foregoing road vacations shall take effect and be in force only after the following conditions have been fully satisfied as determined by the City: 1. Dated consent to vacation be executed and delivered by Mr. & Mrs. Joe Troendle and Mr. & Mrs. Arthur Owens. 2. All aspects of the development contract with the owners and developers are approved by the City, including the final plat, development contract, ease- ment over drainage outlot, financial security to cover public improvements, street access for Owens and Troendle, resolution of right-of-way encroachment across Hobb's property, and such other development proposal issues which may arise. Passed and adopted by the City Council this 16th day of November, 1981. ATTEST: Don Ashworth, City Manager omas L. Hami ton, Mayor YES NO ABSENT Hamilton None None Neveaux Geving Horn Swenson ®r, WI L) IL cc) 43 II 110 U:,3 0 tZ zZol EZOI T oTIJI_of o (GAIJ(] PUD1461H) -0 - f el 0 Ir 9-4 LLI _j in z -W, IJ. oiL7— —CC Q'—6 6 _6 XM � T LO IDId jed AINr.3- 'OV C? ir 16 'Zq >119 (x q- uj 83V4-lVd a -invd x a- 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 December 17, 1981 HARVEY E. SKAAR MARK C. McCULLOUGH Bill Monk Chanhassen City Engineer Box 147 Chanhassen MN 55317 Re: Carver Beach Properties Dear Bill: This will confirm our discussion of December 15, 1981 relative to the proposed Nez Perce Drive encroachment over the northeast corner of the Hobbs property. It is my opinion that if this road alignment is final, the City will need a perpetual easement for roadway purposes over the portion of the Hobbs property which is encroached upon by the Drive. The developers' engineer should furnish the exact legal description for this easement, which description should be verified by you. This office will then prepare the easement document employing the verified legal description for submission to Mr. and Mrs. Hobbs for execution. As the Hobbs property is under the Torrens system, we will need to borrow their owners duplicate certificate of title in order to record the easement. Hence, it may be less time consuming if this office handles the matter. of course, none of this can be accomplished until the final plat is filed. Very tru y yo RUSSELL H. LARSON Chanhassen City Attorney RHL:ner cc: Bob Waibel CITY OF CHAWASSH', P-lanning Commission 1 -2- July 17, 1981 A note concerning approval of new plats in relation to current problems with the Metro Council and our Comprehensive Plan would seem appropriate. It is the opinion of this office and Mark Koegler of Schoell and Madson, Inc. that areas servicable by gravity laterals are to be included within the MUSA. This approach will hopefully meet the suggested guidelines of the Metro Council, and to proceed otherwise would be inconsistent with all past City policies and goals. wa 1-Prma i n After reviewing the existing area watermains, I recommend that an 8" watermain be constructed from County Road 17 to Nez Perce. This recommendation is consistent with long range City plans and should not cause the developer undue hardship. Drainage Existing site drainage flows to the northeast and southwest corners of the site. From the northeast corner, the drainage continues overland in an eastward direction towards Lotus Lake. The drainage flowing to the southwest ponds in a lowland partially on Lots 11 and 12, Block 2, then flow through a long culvert under County Road 17 and continues westward to Lake Lucy. The major portion of the proposed site drainage will be directed to the southwest. A series of catch basins are proposed to outlet into swales as detailed on sheets 3 and 5 of the plans. This system will be reviewed as final plans are prepared to determine if additional piping is required. 1) The area designated as Lots 11 and 12, Block 2 exists as part of the lowlands into which existing runoff is diverted. Since. the proposed plat is to contribute additional runoff to this area, I recommend this area be platted as an outlot until downstream storm sewers are constructed that will accept area runoff so these lots can be filled. CARVER COUNTY, MINNESOTA — SH"-T NUMBER 20 � a � ' Sk fiat Sk F z 0 rA a w z z w x 112 Mile 0 3000 Feet Scale 1:15 840 � _. GAL' ~ I ao��F�gR' ' QO ei 2 ■�iEl o Qe�oa�osa�aed ♦S' v!o fiA a KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. July 20, 1981 Mr. Frank Beddor The Press, Inc. 18780 West 78th Street P.O. Box 439 Chanhassen, Minnesota 55317 Mr. Jerome Carlson Instant Web, Inc. 571 West 78th Street Chanhassen, Minnesota 55317 Re: Park II 79-15-02 Dear Frank and Jerome: ARCHITECTS • PLANNERS • INTERIOR DESIGN This is to confirm our meeting with Bob Wiabel,.Land Use Coordinator, at his office, City of Chanhassen, for this Friday, July 24 at 1:30 P.M. to discuss the development of Park II and in particular the access off County Road 17. 1 have also asked Don Wisniewski, the County Engineer and Steve Krenz.to be present. Sincerely, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Daryl P. Fortier, A.I.A. DPF/nw cc: Steve Krenz Don Wisniewski Bob Wiabel CITY OF CHANHASSEN RECEIVED I I 1121 1981 COMMUNITY DEVELOPMENT DEPT. 570 GALAXY BUILDING 330 SECOND AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55401 (612)339-4200 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE COUNTY OFFICE BUILDING, WACONIA, MINNESOTA 55387 July 20, 1981 Mr. Bob Waibel, City Planner 690 Coulter Drive, P. 0. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Waibel: We need more than four or five working days to schedule and review Chanhassen plans. We received the proposed plan of Carver Beach Properties Inc. on 7/15 and it is due back to you on 7/21. I will be on vacation from July 23 to August 11, and there will be no one here to evaluate plans until I return. Sincerely, Donald C. Berg District Conservat onist 0 -78-19 CARVER SOIL AND .,,ATER CONSERVATION DISTRICT u County Office Building Waconia, Minnesota 55387 Telephone (612) 442-2614 MINNESOTA I ms- SOIL AND WATER CONSERVATION DISTRICTS July 20, 1981 Mr. Bob Waibel, City Planner City of Chanhassen 680 Coulter Drive, P. 0. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Waibel: Find enclosed the Inventory and Evaluation, Carver Beach Properties, Inc. (P.C. No. 78-19 Subd.) that you requested on July 15, 1981. LJ/mh Sincerely, Larry Johnson, Chairman Carver S&WCD AN EQUAL OPPORTUNITY EMPLOYER rminnegasco Minnesota Gas Company 733 marquette avenue, minneapolis, minnesota 55402 JuZy 20, 1981 Mr. Bob WaibeZ, City PZanner Community DeveZopment Department 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 Re: Subdivision Request, Carver Beach Properties, Inc. (Planning Case No. 78-19 Subd.) Dear Mr. Waibe Z: I have reviewed the deveZopment pZans for the above subdivision. I am returning a copy of the proposed preliminary plan, showing in red peneiZ the record Zocations of gas mains inpZace as of this date. This proposed subdivision can be readiZy served by extension of mains, either from Powers BZvd. (Co. Rd. 17), or from Nez Perce Drive. The proposed devetopment does not appear to affect our existing system. We wouZd not install any new gas mains untiZ aZZ sewer & water is completed and boulevards arm graded to within 6" of final eZevation. Thank you for the opportunity to comment on this proposal. We do not pZan to appear at the PZcmning Commission meeting. Yours truly, William C. KaUberg t/ En ineerin Manager o f g g Gas Operations Division 700 Linden Ave. W. Minneapotis, MN 55403 WCK: be CITY OF CHANHASSEN END „11 2 11981 Enclosure DOMMUNiTY DEVELOPMENT DEPT. 7�-19 TO: Chanssen Planning Commission From: John Johnson-6694 Nez Perce Dr Subject: Carver Beach Development Plan Dear Sirs I have reviewed the plan put forth by the developer and feel that if the quality of live for the current residents is to be maintained,certain changes in the plan must be made.There are three problem area's with the plan.I have listed these problem area's below: 1. Nez Perce avenue should not be put through to Powers blvd(Carver County 17). 2.No space allocated in plan for tot lot. 3.Front,back,and sides of proposed homes at east end of development would look into the back yard of Rothfuss residence on the 66 hundred block of Nez Perce I feel that the problems mentioned above can be solved by making the following changes to the plan. 1.Road proposed by the developer should Cul-da-sac At east end by Rothfuss residence.Nez Perce has always been a dead end.To continue this street outto Powers Blvd would destroy the normally quiet nature of the street. It would also increase traffic flow on the street and increase safety hazards to children in the area 2.the developers plan would add 23 homes to the Carver Beach area.Since a typical American family consists of 2 adults and 2 children,this means that 46 children would be added to the community.Those children will require some kind of playgound in the area to meet there play needs.Carver Beach park does not have the facilities to meet the needs of an additional 46 children,there for those needs must be meet by the developer;since it is his development that is responseabile for the burden that is being created.The developer should not be allowed to make a lump sum payment to the city in lieu of tot lot development,unless all money paid is ear marked for Improvements to the Carver Beach park. 3.Culd-De-Sac the east end of developers road.This would allow the developer to place houses along the Culd-De-Sac and thus ensure that the backyard of all homes in the development and surrounding areas butted up to each other. I do feel that the points I have presented here are important,and I hope after reading this letter that you to are convinced as to the importance of these problems. Sincerely i-1------ 7F] v 1--i 414 '-QwF""% tmi-vu. MWnL� PA EWAI LAHDrtAN 1M. Ion T117 LA CAKVIK" PIEAC04 r'"C"'F"TW-S WAYZATA, M*dNWSDTR 4 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 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) Lot 80, except the West 5 Meet; and Lots Nos. 81 to 95, inclusive; 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 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 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, 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 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 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. EXHIaCr q V ST W y1 DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 1135 U. S. POST OFFICE & CUSTOM HOUSE ST. PAUL, MINNESOTA 55101 REPLY TO ATTENTION OF: NCSCO-RF C, j 4 t7, c llelhkl SS+�i'1 G/W g',, bV.1 A,I b 10 C,n61 l/e r Lan ve. Dear Ar vVa; k l/ 29 Vu/y 198/ /0G4JCJ /n - +V&M111711yrdGt of Crtrcuer Coq -tI%l 11 /1 We have reviewed the information provided us concerning the above referenced project. The work you propose at the location stated above is authorized by an existing nationwide Department of the Army permit, provided the work is accomplished in compliance with the inclosed conditions and management practices. This determination covers only the project referenced above. 'If the design, location, or purpose of the work is changed, you should contact us to make sure the work would not result in a violation of Federal law. Our telephone number is 612-725-7558. It is your responsibility to insure that the work complies with the terms of this letter and the inclosures. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL OR OTHER AUTHORIZATIONS. If you have any questions, please call Since ly 2 Incl kyFunctions As stated LD E. TAGChief, RegulaBranch Determination: J� 3Z � q_z(40 Construction -Operations Division Map Number: 33 q ./4 CITY OF CHANHASSEN RECEIVED m AN 31981 COMMUNITY DEVELOPMENT DEPT. ems-1'7 5"bj- ) CITY 7F P(4 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 19, 1981 Mr. David Brockpahler c/o Dayco Concrete Inc. 7912 Monterey Drive Chanhassen, MN 55317 Dear Dave: This letter is to verify for your purposes, that the proposed office/warehouse building for Lot 1, Block 1 Chanhassen Lakes Business Park has been conditionally approved by the Chanhassen City Council. The subject property is zoned P-4, Planned Industrial District, whereupon off ice/warehouse uses are permitted. Should you have any further questions or comments with regard to your proposal please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:bf SEE CONFIDENTIAL FILE - AUGUST 5, 1981 City of Chanhassen r Inmuzity Development Department 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 Date: July 15, 1981 To: Development Plan Referral Agencies From: Chanhassen Community Development Department By: Bob Wai,bel, City Planner Subject: Subdivision Request, Carver Beach Properties, Inc. Planning Case No: 78-19 Subd. The above described application for approval of a land development proposal was filed with the Chanhassen Cotanunity Development Department on July 13, 1981 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any comments you might have on this proposal. We are particularly interested in matters which affect the public health, safety and general welfare. Specifically, we would appreciate your cooments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Cotunission and City Council encompassing these needs. This application is scheduled for consideration by the Chanhassen Planning Commission on July 22, 1981 at 9:30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Community Development Department to prepare a thorough review of this application for the C m-Lission and Council, we would appreciate receiving your comments by no later than July 21, 1981 You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Development Plans DISTRIBUTION: 1. City Engineer 6. Watershed Dist. Engineer 11. MN Dept of Natural Resources 2. City Attorney 7. Soil Conservation Service 12. Telephone Ccnpany 3. City Park Director 8. MN Dept of Transportation (NW Bell or United) 4. Fire Department 9. U.S. Army Corps of Engineers 13. Electric Cody 5. County Engineer 10. Minnegasco (NSP or MN Valley Co-op) File: Community Development Department Form No. 81-10 Agency Referral 7/l/81 a4 4 CONDITIONS AND MANAGEMENT PRACTICES OF NATIONWIDE PERMITS TO MINIMIZE THE ADVERSE EFFECTS OF THE DISCHARGE OF DREDGED OR FILL MATERIAL ON THE AQUATIC ENVIRONMENT CONDITIONS: (1) That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species; (2) That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; (3) That the fill created by the discharge will be properly main- tained to prevent erosion and other non -point sources of pollution; (4) That the discharge will not occur in a component of the National Wild and Scenic Rivers System or in a component of a State wild and scenic river system; MANAGEMENT PRACTICES: (1) Discharges of dredged or fill material into waters of the United States should be avoided or minimized through the use of other practical alternatives; (2) Discharges in spawning areas during spawning seasons should be avoided; (3) Discharges should not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters (unless the primary purpose of the fill is to impound waters); (4) If the discharge creates an impoundment water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, should be minimized; (5) Discharges in wetlands areas should be avoided; (6) Heavy equipment working in wetlands should be placed on mats; (7) Discharges into breeding and nesting areas for migratory water- fowl should be avoided; and (8) All temporary fills should be removed in their entirety. Incl 1 This determination is in accordance with CFR Title 33, �23.4-2(a)(1) which authorizes discharges into nontidal rivers, streams, and their impoundments including adjacent wetlands that are located above the headwaters. F] 323.4-2(a)(2) which authorizes discharges into natural lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are fed or drained by a river or stream above the headwaters. In the absence of adjacent wetlands, the surface area of a lake shall be determined at the ordinary high watermark. ❑323.4-2(a)(3) which authorizes discharges into natural lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are isolated and no part of a surface river or stream. In the absence of adjacent wetlands, the surface area of a lake shall be deter- mined at the ordinary high watermark. [d3,23.4-2(a)(4) which authorizes discharges into nontidal waters of the ited States, including wetlands, other than isolated lakes larger than 10 acres that are not part of a surface tributary system to interstate waters or navigable waters of the United States. ❑323.4-3(a)(1) which authorizes dredged or fill material placed as backfill or bedding for utility line crossings provided there is no change in preconstruction bottom contours (excess materials must be removed to an upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry substance, for any purpose, and any cable, line, or wire for the trans- mission for any purpose of electrical energy, telephone and telegraph message, and radio and television communication. However, discharges which will occur in the proximity of a public water supply intake or in areas of concentrated shellfish production; and discharges which will disrupt the movement of aquatic life which exists in the waterbody are noL authorized by this nationwide permit. F-1 323.4-3(a)(2) which authorizes material discharged for bank stabilization, provided that the bank stabilization activity is less than 500 feet in length, is necessary for erosion prevention, and is limited to less than an average of one cubic yard per running foot along the bank, provided further that no material for bank stabilization is placed in any wetland area, and provided further that no material is placed in any locality or in any manner so as to impair surface water flow into or out of any wetland area. However, discharges which will occur in the proximity of a public water supply intake or in areas of concentrated shellfish production; and discharges which will disrupt the movement of aquatic life which exists in the waterbody are not authorized by this nationwide permit. Incl 2 ...-,:L�ENr VfrW)N A NI;;'(.;i5 EGA, FIELD 7,115 WAYLA"A •:;! ,.i i2 0WA K, 1 N C, �----.�� iG F •!INN':A-005 :WNNE5Q-A 55416 ,� •: Phone: 5�o 6837 August 5, 1981 Proposed Roadway Vacations in CARVER -BEACH 1.- . That part of Narcissus Road, as dedicated in the plat of CARVER - BEACH which lies easterly of the easterly right of way line of Carver County Road No. 17, and westerly of the westerly right of way line of Park Drive as dedicated in said CARVER -BEACH. That'part of Maple Road, as dedicated in the plat of CARVER -BEACH which lies easterly of the easterly right of way line of Summit Drive, as dedicated in said CARVER -BEACH and westerly of the westerly right of way line of Park Drive, as dedicated in said CARVER -BEACH. That part of Summit Drive, as dedicated in the'plat of CARVER - BEACH which lies northerly of the northerly right of way line of West 67th Street (formerly known as and dedicated as Laurel Road in said CARVER -BEACH) and southerly of the southerly right of way line of Narcissus Road, as dedicated in said CARVER -BEACH. That part of Lake Lucy Road, as dedicated but unnamed in the plat of "Vineland", adjoining the southerly line of Lots 7, 8 and 9, "Vineland", which lies easterly of the easterly right of way line of Carver County Road No. 17 and westerly of the northerly extension of the westerly right of way line of Park Drive as dedicated in the plat of CARVER -BEACH. 4�IGN � �� - �LL� vPcG�c�I"IGPIs VckNON .A NICKJLS EGA ,FIELD & NOWAK, INC, � i 1 7a15 NA Y2A.A ROC4CVA10 � � � �:..1 :✓ d.�.., `;::�r t 55d'�� y August 5, 1981 Proposed Roadway Vacations in CARVER -BEACH That part of Narcissus Road, as dedicated in the plat of CARVER - BEACH which lies easierly of the easterly right of way line of Carver County Road No. 17, and westerly of the westerly right of way line of Park Drive as dedicated in said CARVER -BEACH. That part of Maple Road, as dedicated in the plat of CARVER -BEACH which lies easterly of the easterly right of way line of Summit Drive, as dedicated in said CARVER -BEACH and westerly of the westerly right of way line of Park Drive, as dedicated in said CARVER -BEACH. That part of Summit Drive, as dedicated in the plat of CARVER - BEACH which lies northerly of the northerly right of way line of West 67th Street (formerly known as and dedicated as Laurel Road in said CARVER -BEACH) and southerly of the southerly right of way line of Narcissus Road, as dedicated in said CARVER -BEACH. That part of Lake Lucy Road, as dedicated but unnamed in the plat. of "Vineland", adjoining the �4ovtherly line of Lots 7 and 8, "Vineland", which lies easterly of the easterly right of way line of Carver County Road No. 17 and westerly of the southerly extension of the easterly line of said Lot 8, "Vineland". orn2h �mria4 or LAM ULY D. August 3, 1981 Mr. Don Ashworth City Manager Chanhassen, MN 55317 RE: Carver Beach Replat Request For Public Project Dear Mr. Ashworth, Carver Beach Properties respectfully requests the installation of the following city constructed services in the Carver Beach Replat, a proposed subdivision concurrently requesting preliminary plat approval: 1. Sanitary Sewer 2. Water 3. Curb, Gutter and Street Located Storm Sewer 4. Pathway 5. Street subbase and paving We proposed to rough grade the site innitially to meet city construction re- quirements and provide site protection and restoration as required by the Minnehaha Watershed District. Hopefully to assist attaining our goal of 1981 construction, our request will be favorable received by the Council at its special meeting of August 10, 1981 and the engineering feasibility study ordered to proceed as soon as possible. Yours truly, Carver Beach Properties Adriar�Johnson, Partner y CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Barbara Dacy, City Planner DATE: August 13, 1987 SUBJ: Change Street Name in Carver Beach Estates From Nez Perce To Lake Lucy Road This item was brought to the attention of the city when the final plans and specifications were submitted for Carver Beach Estates. Because the proposed street in this subdivision is proposed to be located directly across from the intersection .Qf Lake Lucy Road on the west side of Powers Boulevard, it is recommended that the Lake Lucy Road street name extend to the east through the subject plat to its intersection with Nez Perce. RECOMMENDATION It is recommended that the City Council adopt the attached reso- lution changing the street name in the Carver Beach Estates plat from Nez Perce to Lake Lucy Road. I -ills=_ ?$-11 SU6 SPECIAL CILANHASSEN CITY COUNCIL MEETING AUGUST 10, 1981 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. PREPARATION OF WETLANDS ORDINANCE: Mr. and Mrs. Henry Sosin and Mrs. Susan Conrad were present. Council members generally agreed that the proposed wetlands ordinance' will be a part of a proposed environmental protection ordinance. Councilman Horn moved to charge the Lake Study Committee to prepare a wetlands ordinance with the assistance of staff and the citizens committee and, if necessary, consultation with outside experts and the City Attorney's Office and that they have a draft ordinance to the Council no later than November 1, 1981. Motion seconded by Councilman Neveaux. The following voted in favor: "Councilman Horn. Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving voted no. Motion failed. Councilman Neveaux moved to direct the City Community Development.Director to prepare a chapter on wetlands preservation and protection to a environmental protection ordinance for the City in concert with interested city committees, such as Lake Study, other official organizations interested in the topic to present to the Planning Commission for public hearing on or about November 1, 1981. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen'Neveaux and Geving. Councilman Horn voted nv.' Motion carried. _�APRELIMINARY PLAT REVIEW, CARVER BEACH PROPERTIES (QUADY PROPERTY): Staff recommended tlhat this item be tabled until proper documentation has been received on the vacation of a road in this proposed plat. Mayor Hamilton moved to table this item until such documentation is received. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FOX CiL\SE. REVIEW CONSTRUCTION PLANS: Kurt Laughinghouse was present. Mavor Hamilton moved to table action until the Corps of Engineers decision is received. :lotion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton and Councilman Geving. Councilwoman Swenson, Councilmen Neveaux and Horn voted no. `lotion failed. Frans Beddor, representing the West Pleasant View Homeowners, Lotus Lake Association, and ,part of the Christmas Lake Association, requested an opportunity to present other problems that this development has within the area. STREET NIDTHS: The City Engineer recommended that the width of Fox Path be not less than 32 feet and all other side streets 28 feet. Councilman Geving moved to set the street width at 28 feet throughout the proposed Fox Chase Development (Council Exhibit A dated August 10, 1981). Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FOX PATEi TERMINUS: The City Engineer recommended a T section due to the steepness of the grades and the amount of tree cover in the area. Councilman Horn moved to accept the permanent T recommendation as presented in the staff report. The street easement for a permanent cul-de-sac which would be incorporated at any time that the total street plan would not allow for the road to continue. The T section to be 15 feet by 20 feet with concrete curb and gutter. Motion seconded by September 10, 1981 Mr. Bob Waibel Director of Planning City Hall Chanhassen, Minnesota 55317 Re: Carver Beach Preliminary Plat Dear Bob: During the past several weeks, as you are aware, my client has instructed me to work with the neighborhood in confirming accessibility through the future plated area. I believe the configuration shown, as attached hereto, offers the neighbor- hood and community the options needed to assume continuity of access and utilities via the subject site. In as much as the essential elements of the plan are the same as passed by the planning commission and conform to both engineering and planning staff report recommendations, I respectfully request an audience before the City Council to gain: 1) preliminary plat approval 2) roadway vacations as per neighborhood and my client's combined petition. Also, as we discussed at our September 8, 1981, meeting with Bill Monk, Daryl Fortier and Addian Johnson present, my client respectfully requests the staff's approval at this time of a building permit on Lot 12, Block 2, as shown on the July 31, preliminary plat and subsequent pond storage exhibits transmitted to Bill Monk. Bob, I sincerely appreciate the staff's assistance throughout the course of formulating a preliminary development plan for my client's property in Carver Beach. Yours very truly, CITY OF CHANHASSE d DPLAN, INC,,, I q / /', 1981 nald•L Hess Jr. Y resident 11�'li ta�iiY �'��;L� Ce<,NT �4T DLH/km OSM# W "10 ED 1,73M E- 3 bpi a 1 71 J 0 U CA E. f 2 E -10 1 , i I , I I a I ; � q I , ' I 1 1 � M 401 Townes Road Wayzata, MN 55391 473-5711 E Tonka West Properties, REALTORS 1055 E. Wayzata Boulevard, Wayzata, MN 55391 (612) 475-2426 Hazeltine Gates Office Bldg., Chaska, MN 55318 (612) 448-4355 1404 West Lake Street, Minneapolis, MN 55408 (612) 827-4061 September 24, 1981 City of Chanhassen Bob Waibel 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob, We, Carver Beach Properties, which consists of Nancy Raddohl and Adrian Johnson now have a contract of all vacated streets joining Carver Beach to Mr. Owens and Mr. Troendle. Enclosed please find the Purchase Agreements. Sincerely, 0_e YI a, " /f/�,0,- `. 6qn. Adrian Johnson // CITY 01 CHANIHASSEN R7 EI E) SEP2-0 1981 COMMUNiTY DEVELOPMENT DEPT. September �9, 198 1 Honorable Mineod City Council RE; a 1I Chanhassen Carver Beac Dear Prelim_jha-Y p at Pie ies sinceMr. Mayor Council Roadway Vacation Actio e your acti ,. Persons _ n c: � arrangement,, rr� ing more cXten 1 beling the above Bement the e di sclosur requested c following activities of my client, onslderat1pn. My client has o vzt1es have occued urchase Mr.btaine Larson Perta n copies ° f he and Presented to M r. Perform re Platdditional under lYing legal d°c elble and The Proper t1ng of the Subject Property. require d Mrs- Bennitt hr1g1nallY assume Pr°Perty• to as d to vacat'on reC3uest and n deleted from bo obtainable from The Project is n, Preliminary Plat 1 mie street m Per ts. Exhibit Plan'in eChnically in form it #I. 9 commission Staff rec Your review as 1 Would alsolike ommendatlons- Se li e neighst Council meet- g mreAort, at this time, rhoo i client roadway Pla eme to Study w'th them was approach d by since the � I Wouldnt which ;getter meet ernatives for internalthe near to re Pon ike to report t1� with their approval. pproV1 report re omm both to °ri ginal the consensus rea ched are e nc runs s as well planning commission a attempts and See also enclosed or • Exhibits smear later eXPressnear ea taff Exhibits #2 and #3 our knowledge and hog this Interaction Peful consensus.°n I believe your consensus regarding plan changes if you choose to do so, could be expressed by approving the ori- ginal preliminary plat as; 1) amended by Exhibit #2, 2) or by instructions to incorporate the Exhibit #2 amendments into the proposed final plat.. Thank you for your thoughtful consideration regarding this material. I will be present on your October 5, 1981, agenda to present the project and request amendments in greater detail. Respectfully submitted, NDPLAN, INC.~ Donald L. Hess, Jr. President M DLH/km \ __ 0, December 23, 1963 RECEIVED Mr. Bill Monk DEC 271983 -.-City Engineer SEN QTVD�F HH Chanhassen, MN 55317 /L(J "Dear Bill: .Pursuant to our meeting today in your office, the following .request is being made of the city by my client, Carver Beach Properties, with respect to the final plat for Carver Beach Estates. ,;'-1he best 'efforts of my client to achieve -the last plat ..,_:r.signatures of Walt Hobbs and his wife apparently are not going to succeed. My clients have three logical options open to pursue in their attempt to fulfill the preliminary plat -as approved. First, alter the plat to a point where the proposed roadway does not compromise any portion of the Hobb's property.,,. This option, though technically possible, would result in extreme modifications'to a significant hill which we and the Planning Commission have attempted to avoid. iSecond, to file the plat without the portion of land presently .owned by Mr. and Mrs. Hobbs.. Although this option has.short "term negative impacts, re: length of dead end -road to the city and less than desirable reduction in "selling" accessi-' bility, it does offer the following advantages: 1. It allows the plat to be filed and the private funding of the project which has been committed, to be placed so that most of the project can be completed as planned. 2. It preserves the prospectthat all community goals -'can be achieved at some point when Mr. and Mrs. Hobbs find it to be in their best interest. Finally, and to no one's apparent advantage, would be to .drop the project. This action would result in obvious loss of time and expense to my client, but perhaps more,tragically' the loss of considerable public time t6bring the project to this stage. Although technically possible to alter the big hill, I am advising my client to pursue Option #2. The following considerations should be involved, -as I see it, to afford a pragmatic solution for all..parties.involved. n 1. The final plat should be altered to remove the Hobbs' property from it. This still leaves them the option of quit claiming that portion of land (about 850 sq. ft. +) to the city at any point they should choose. To have the road completed as per present plans, which they apparently agree to. See Exhibit "A". 2. A temporary 80' diameter turn around easement would be granted the city as ,indicated on the attached Exhibit "B". 3. All grading, except that which was proposed on the Hobbs lot, will be undertaken according to present plans. 4. Curbing for the future north road top should be placed to the county road. This will enable all slope restoration to be completed according to present plans. 5. A temporary graveled alley can be placed within the remaining proposed right-of-way to provide access for emergency vehicles and to aid the future selling efforts of my client. 6. Other miscellaneous actions which you may suggest. In conclusion, my client, even with the possible council's approval of Option #2, pledges to maintain an open position with regard to performing the entire project including Mr. and Mrs. Hobbs' property, up to the point where the project is substantially completed without their participation. Thank you again for'your continued guidance in this matter. Respectfully submitted, LANDPLAN INC. Donald L. Hess, Jr,,President DLH:JGC oINS f r� zo SIR Job .'• ..� / r fit. �Q 0 / �r� \ ��I` / `G} :.?• �6 /. \ \ '�'•'� � g'pof ayti�/ O��s ` � I'• (;%.�` � tv •�,/ /I •6� • � �•'�y� ,'�8Q` / �, rI r�nJ\� ,�E,l' - is, � � � /� ?F \ .. •• � o6'b / � ' I / o.?. �?7 cn 'Scd`• NIA zo / \ `jam �� _ � G� � ,. / � r`• ; � / � Z rTl � o o �. Cn Off` N \ \ // /QO ;u :c f° O / / p ?� Vi p F N ter-. �• - 7 vi t; T CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Russ Larson, City Attorney FROM: Bob Waibel, City Planner DATE: December 16, 1981 SUBJ: Quady Property Development Contract PLANNING CASE: 78-19 Subdivision In a phone conversation yesterday with Walter Hobbs, I received concerns regarding the possibility that a portion of land that abuts his property and is proposed for vacation is being included in the preliminary plat for the Quady property development. In response to these concerns, I stated it was my understanding that before a final plat would be released we would have proof from the developer that they have acquired any and all land that they purport to be a part of the plat and that they have guarantees for the long term maintenance of the outlots at the east and west ends of the plat. My guess is that the maintenance guarantee on these outlots implies that they will need to be conveyed to the present adjoining property owners. Additionally, I believe that we will want to have a letter of credit assuring the installation of all improvements with a specified completion date, regardless of the developers plans to phase the project, before any existing right of ways are vacated. Please advise me of any differences or additions you might have to the above so that I may formally respond to Mr. Hobbs. �,.-n .�.r..t.� t.+-,t -•r-Er V.��.-,,..�, �.. ..//�� + _ "w"i� _ _..,.....� 'r 1 t�^:l.!1/ RUSSELL H. LARSON. CRAIG M. MERTZ 1900 FIRST NATIONAL BANK BUILDING • MINNEAPOLIS, MINNES13TA 554402 • PHONE 612 335-9565 CITY OF CHANHASSEN --' RECEIVED DEC 13 1981 fi,IWIUNITY DEVELOPMENT 0c: '-:CITY OF Pl,F. Iry � str;r�E=o _ GL August 3, 1981 Mr. Bob Weibel d City Planner Chanhassen, MN 55317 RE: Carver Beach Replat Quady Property Preliminary Plat Modifications Dear Bob, CITY OF CHANHASSEN F nv AUG 7 1981 COMMUNITY DEVELOPMENT DEPT. f As a matter of course to indicate the direction of our proposed future compliance to the contingencies expressed as a part of the'Planning Commissions approval, I am submitting the following statements and attached graphics. , First, with regard'to providing access to the north, a corner of Lot 11 Block 1 can be dedicated as R. 0. W. to inhance future geometric considerations for a "TEE" intersection with our proposed internal roadway as requested by Bill Monk, staff engineer. See exhibit attached. (4r*?40c,-ii) Secondly, with respect to Mr. Troendle's access concerns. Mr. Johnson has assured contingency access by, -withholding Development from Lot 8 Block 1 for a period of 2-3 years. This potential is to be utilized only in the event that other internal access is not afforded Mr. Troendle by neighboring property owners'. (4mt7kic, *1) Building set back varriance previously requested for Lot 1 Block k will not be requested until such time that an actual building permit is requested. It is important to note, however, that it is possible that a home can be designed and built to fit the lot as presently concieved without a varriance. Also my client is working on the potential of incorporating a very small portion df Mr. Owens property, to provide a more comprehensive 25 lot neighborhood solution to the lot varriance as well as the over development feasibility problem. See the attached 100 scale graphic. (61ro. 1 -O-OP-) With reguard to the buildability of Lots 11 & 12,B1ock 2., we have concluded based upon 10 soil borings that 2 h6us6 pads can be accomplished in the locations shown by routine soil replacement and compaction methods. '(See attached graphic + property report for. locations and recomendations), (6 ra c, -Ali;) With. -respect for properly' -controlling the rate and condition of storm water flows leaving the subdivision, please review the on site ponding design re- quirements for Lots 11 $ 12 which are attached, See also.a graphic attachment for a preliminary ponding and house pad layout. ((�� ,3 y�(a.�'W,,p 1i{-�7, Respectfully submitted, Landpllan, Inc. f/ t Donald L. Hess, .fir., President Landscape. Arch. -Planning v i 000 E3 R 1: 1 -0 4 *1 m M Lj UP WIM Sam a; liPm E 401 Townes Road Wayzata, MN 55391 473-5711 } 1 �r :-4 f N 7 X\A WESTWOOD PLANNING & ENGINEERING COMPANY August 7, 1981 Landplan, Inc. 401 Townes Road Wayzata, MN 55391 Gentlemen: In accordance with your request, we have reviewed the storm water runoff characteristics of your proposed Carver Beach Replat consisting of 10.7 acres of residential development. Based on our review of your proposed grading plan dated 7/10/81 and soil study dated 1/21/81 indicating the site ranges from a moderate slope, medium -permeability soil to a steep slope, medium -permeability soil, we have calculated the proposed increase in runoff from a 100 year storm event. We find the existing runoff condition from the 9.8 acres of the site, which drains into the proposed storage pond at the southerly edge of the plat, is 1.8 acre feet. The proposed runoff from this same area will produce 2.36 acre feet. The required storage volume necessary to restrict runoff to its present level is 0.56 acre feet. If you have any questions regarding these figures, please contact me. Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY 04.4z'� 1� �' J, Francis D. Hagen, Sr , P.E. FDH:dg 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 5542E (612) 546-0155 HA 0 SHED p\s� MIIVIVEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pros. • Albert L. Lehman • James S. Russell • John E. Thomas • Barbara Gudmundson July 17, 1981 Mr. Robert Waibel, City Planner City of Chanhassen Community Development Department 690 Coulter Drive PO Box 147 Chanhassen, Minnesota 55317 LAKE Re: Subdivision Request, Carver Beach Properties Dear Mr. Waibel: This letter is in reply to your request for comments or recommendations concerning the proposed residential development. The Minnehaha Creek Watershed District's interest in this development would involve stormwater drainage, specifically, stormwater runoff rate controls, and stormwater runoff water quality. In reviewing the proposed Grading Plan, an intermittent ponding area of 0.1 acres + is located on Lot 12. I would question whether this proposed ponding area is adequately sized to handle stormwater drainage from a 10+ acre development. Enclosed is a Commercial -Industrial Grading/Drainage Guideline and permit application form. The application would have to be completed and returned with the required exhibits in order to process the application. A permit would have to be approved by the District Board of Managers prior to any construction. If you have any further questions, please feel free to call. Very truly yours, EUGENE A. HICKOK Engine for the Cliff Reep bt Enclosure AND ASSOCIATES District CITY OF CHANHASSEN RECEIVED .ii n 201981 COMMUNITY DEVELOPMENT DEPT. HA '�HEo 0 MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 See reverse side for instructions 1. OWNER: ADDRESS: CITY: ZIP• PHONE: 3. ❑ Preliminary plat review ❑ Grading/Drainage Plan ❑ Bridge, culvert, or utilities ❑ Flood Plain Development ❑ Use and appropriation of Public Waters Describe work and objectives: 4. Project location: 5. Current status with other applicable agencies: 6. Body of water affected: PERMIT NUMBER DATE RECEIVED AGENDA DATE APPLICABLE REGULATIONS Do not write above this line 2. APPLICANT - ADDRESS: CITY: PHONE: SIGNATURE: ❑ Shoreline Improvement or Rip -Rap ❑ Shoreline Setback Variance for Property Improvement ❑ Fill or excavation ❑ Permit Extension ❑ Other _ Call 473-4224 for assistance in completing this form. AHq � 1 v 9��SHED p\s�� MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pres. • Albert L. Lehman • James S. Russell . John E. Thomas • Barbara Gudmundson LAKE MINNEHAHA CREEK WATERSHED DISTRICT COMMERCIAL -INDUSTRIAL GRADING/DRAINAGE GUIDELINES Under Rules G and K of the published Rules and Regulations of the M.innehaha Creek Watershed District, permit approval of the Grading and Drainage Plan is required for all commercial -industrial land development. A Grading and Drainage Plan for the project must accompany the permit application and should show full compliance with the following criteria: - The rate of stormwater runoff from the existing site shall not increase as a result of the proposed grading and drainage. Developed peak rates of runoff must be controlled such that the undeveloped rates of runoff are not exceeded. This criteria shall apply for all storm events with return frequencies between and including 1 year and 100 years. - Proposed runoff rate controls shall utilize the natural features of the land, wherever possible, to negate adverse effects on receiving surface waters. - To the maximum extent possible, the quality of stormwater runoff from the developed site, as proposed, shall be equal to or exceed the quality of the stormwater runoff from the existing site. Proposed drainage facilities must be designed to reduce turbidity, suspended solids and floatable pollutants as much as possible. - Proposed runoff quality controls shall include the use of any existing on -site wetlands and low areas whenever feasible. - The project shall be implemented in such a manner that sediments are prevented from entering existing drainage - ways and are not transported off the site during and after construction. Grading and Drainage Plans that show poten- tial for severe erosion during construction, despite pro- posed controls, may necessitate a cash surety deposit until such time that construction is complete and turf has been re-established. - The 'proposed project shall not result in an increase in flood levels on other properties. 1 of 2 Revised 5/21/81 Existing offsite runoff draining onto the site must be accomodated in sizing of the proposed drainage conduits and runoff storage areas. The volume of runoff from the developed site, as proposed, shall not exceed the volume of runoff from the existing site for all storms resulting in 6.0 inches of rain or less when the ultimate disposal of said runoff is contained in landlocked storage sites located, in whole or part, off site. Any proposed Grading and Drainage Plan submitted for permit appro- val that is not in conformance with the published Rules and Regulations of the District shall require a variance. Required Exhibits to Accompany the Permit Application The following are required exhibits that must accompany the permit application. An incomplete submittal may result in a delay in processing the application. 1. Grading and Drainage Plan showing: - property lines and delineation of lands under ownership of the applicant. - delineation of the area(s) contributing and receiving runoff, proposed and existing. - drainage facilities, proposed and existing - delineation of existing wetlands contributing or receiving runoff, shoreland and/or floodplain - existing and proposed normal and highwater elevations - existing and proposed contour elevations related to MSL - construction plans of all proposed runoff rate, volume or quality control structures and facilities 2. Erosion Control Plan showing proposed methods of retaining sediments on -site during the period of construction and until bare soil surfaces have been covered or revegatated. 3. Soil boring results if available (soil borings required for any proposed dredging operations) . 4. Stormwater runoff volume and rate determination for existing and proposed conditions. 5. All hydrologic computations necessary to design the pro- posed drainage facilities. 2 of 2 Revised 5/21/81 Planning July 22, Page 5 Commission Minutes 1981 Noziska stated that.the proposed development would be a good location for earth sheltered and passive solar homes. Noziska made a motion seconded by Watson on Outlot A, Waldrip's Addition plan dated May 27, 1981 and received June 17, 1981, Sheet 2B, be accepted for Preliminary Plan approval and that the applicant shall proceed with steps required for Final Development Plan. The staff recommendations of July 17, 1981 by the City Engineer be included with the exception that Section 2 be deleted and the last one being that as an Outlot.and the City Planners recommendations of July 20 and 21, 1981, zero line setbacks be negotiated between City Staff and the applicant also negotiations with developer and staff regarding the relocation of the parking lot and the public road front. All voted in favor and the motion was carried. Preliminary Plat, Public Hearing, Carver Beach Properties, Inc. The Public Hearing for Carver Beach Properties was called to order by Chairman Partridge at 10:0'0 p.m. Mr. Hess, a respresentative for Carver Beach Properties, gave a brief history of the property. He presented maps of different alternatives of developing the property and where the houses would be on the lots, etc. Waibel read a letter -that he had received prior to this meeting from John Johnson, 6694 Nez Perce Drive. Hess indicated that the road would be 28 feet wide and that there will be a 50' right-of-way. LeRoy Berg, a neighboring property owner, stated that their water pressure was very low and that the new homes would make it worse. Monk indicated that he would have to look into this, he thought that the water pressure was low because the area is at the end of a pipe. Layton Paine, another property owner from the area, indicated that lots 11 and 12, Block 2 has problems with drainage and wants to know what the developer is going to do with it. Hess explained that they will raise the edges and control the flow, creating ponding to help the drainage. There will also be a controlled overflow to the south. It was asked what the size of the lots will be. Waibel stated that the smallest is 15,000 square feet and up. The average size is approximately 16,000 square feet. Planning Commission Minutes July 22, 1981 Page 6 Cheryl Hobbs, an adjoining property owner,expressed her concern i for the road access onto #17. She stated that it is a danger- ous place to put the road. Partridge explained that Hess was asked to align the road up with Lake Lucy Road. Trondel indicated that the point where the road is accessing onto County Road #17 is the highest point on the hill. W. Thompson made a motion seconded by Noziska to close the Public Hearing. All voted in favor and the motion was carried. W. Thompson stated that he doesn't feel that a road needs to go to the north. Waibel explained that dedicating a roadway for the future development of adjoining land is a standard planning principle, the adjoining property owner may use the property until such a time as the road would need to be put in. Hess stated that if he dedicated a roadway to the north it would take up one lot. The other lots would have to be made smaller. Monk made some suggestion for this development: 1. There are extensive street vacations being requested. Monk.has no problems with any other : except for one. He does not believe that z of Western Drive should be vacated at this point simply because it is not being used. 2. The right-of-way in the area of the Hobb's property will have to be worked out with the developer and the Ilobbs, or a slight realignment will have to be worked out so that there is no overlapping of right-of-way on.private property. 3. A small piece of Lot 11, Block 1 should be dedicated so that if Nez Perce is ever extended to the north than we could have a 900 angle to turn onto Nez Perce. 4. Monk has severe reservations regarding the drainage of Lots 11 and 12,.Block 2. There is a lowland situation in that area. The watertable is high. Monk would like to designate this area as an autlot until this could be looked into further. Noziska indicated his concern regarding Lots 11 and 12, Block 2. Also is concerned the right-of-way to the north, he feels either way just so that it is worked out. He leans towards not having a road to the north. Lot size is better. Watson is opposed to the roadway to the north, there is no proposal for the property to the north and there are other ways to develope the property without placing a roadway to the north. q Planning Commission Minutes July 22, 1981 Page 7 Conrad stated that .the developer has Commission has asked for. Still he drainage on Lots 11 and 12, Block 2. met with what the Planning is concerned with the Conrad made a motion seconded by W. Thompson to approve the Preliminary Plan for the Quady Property with the recommend- ations made by the staff with the exception of #2 and mod- ifications to #1, Lot 11 and 12, Block 2 not be developed at this time until the Engineering is resolved. Also deleting #4 of the Engineers Report. All voted in favor and the motion was carried Variance Request, Michael Willis, '6841 Hazeltine Blvd.: No one from the public or the applicant was present. There were no objections from the Planning Commission. Partridge made a motion seconded by W. Thompson to recommend to the City Council approval of the Variance Request by Michael Willis. All voted in favor and the motion was carried. Sketch'Plan Reyiew,'2141' Melody Hill Road, Curt Ostrum: The applicant was not present. Partridge made a motion seconded by W. Thompson to table this item. All voted in favor and the motion was carried. Approval of Minutes: Motion by Watson, seconded by Noziska to approve the Planning Commission minutes of July 1, 1981 meeting. All voted in favor and the motion carried. Motion by Watson, seconded by Partridge to approve the minutes of the July 8, 1981 meeting. Watson, Partridge, W. Thompson and Conrad voted in favor, Noziska abstained and the motion was carried. Motion by Watson, seconded by Conrad to approve the Planning Commission minutes of the July 15, 1981 meeting. Watson, Conrad, Partridge voted in favor, Noziska and W. Thompson abstained. The motion was carried. The meeting was adjourned at 12:00 a.m. SUBDIV'jt0(ON PLAN CASE NO- SUS. 78 City of Chanhassen s Carver and Hennepin Counties, MinnesotA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of App1 `cati.on Escrow Paid T (pOD Dates Received by Applicant . Name: Last First Address: IQ� Number and Street City T Sta T Zip Code Owner: - Last First initial. Address: 4 Number and Street City State Zip Code Address of property in question: , Legal description of property in question: Present zoning of property:_ Present usa of property: -------_ -___--- _---- Proposed u'se of property:�j. The following documents if appropriate shall be attached to this application: CITY OF CHANHASSEN Date Received - :EiLitiai 1. Sketch Plan RECEIVED _ 2- , 2. Preliminary Plat JUL 7 7 (a 3 _ Escrow .Account COMMUNITY DEVELOPMENT DEPT.-j (o o Date _ -ceived Initial 4. Abstractor's Certificate 5. Final Plat t _ I hereby declare that all statements made in this application- and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. zg nature of Applican Signature f Owner f Date Received by Title 1 (Following to be- completed by Zoning :Admin.i.strator. ax-• City Offi.cial) CHRONOLOGY - _ -DATE3v Sketch Plan on Planning Commission Agenda Planni.nq Commission Postponed to P'relzminary Plat on Planning Commission Agenda Planning- Commission Postponed to Nevyspaper Publication Adj acent Property Owners YNotified Publac Hearing Planning COmmiSSion Action Preliminary Plat on Council. Agenda Council Postponed to Council Action. Final Plat on - Commission Agenda _Planning Planilinq Coru-nission Postx ned to P.:.anninq Commzss:Lon Action Final Plat on Council Agenda Council Postponed to Council Actin Final Contract Executed E_-croj Returned - .Amount: PLANNING COMMISS CON RECOr114ENDATION (Preliminai. Plat) On this day of 19 , this pre-limixiary plai was recommended for (approval) , (disapproval) subject -to the following conditions: t Chairman, of Penning Commissior_ Action by City -- Preliminary Plat On this day of 19 l the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved) , (disapprov, this Preliminary Plat subject to the following conditions: By order of the Chanhassen city Council. - Attest: City Administrator PLANNING COMMISSION RECO*,2 ENDATION - Final Plat On this day of 19 r thIF; 1- .7JEO: Plat was recommended for (approval) , (disapproval) subject to the following conditions: Ch is rnan of Planning Cori -mission _ Action by City - Final Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Countesn , Minesota {approved), (di_sapprav z this Final Plat subject to the fallowing conditions: By order of the Chanhassen City Council. Mayor - ---- -------- - Attest: City Admin_Istrator r� 1.1131'1' "Al. I'oT� of 8,0 except the ,:est 5 feet; a11'1 Lots 'ijs. "1 to 1�, inclusive, 30 Lot 102 except the Vest 5 feet thercof;and Lots 103 to 194 inclusive; i:nd Lots 200 to 201 inclusive; Lots 233 to 240 inclusive anJ Lots 2511 to 270 inclusive —r , i. ,amd-1:ets e a346 of ':,arver "erc�i it Lon; Lake, accorJir.9 to the l.lat .thereof on file an-1 of rccuri, in the 3ffice o` the `%registrar of Titles, in ana for :arver County, '1i nnasota . i 'lil that part of "laple ^oai 1%,in.1 past f t'rc Past 'inc of t're !7 celsior Road, now knows, as County State ,Aid !lijhvmy +'117, an! '.Pest of 0(% '•'cst lino of Summit Drive "hap of 1 Carver !reach" at Loma Lake, accor•!in•; t:) the it rr. Viereo`' on file and of record, "in thc' Iffice of the Zegistrar of Titles, in anu for ,,arver ^•aunty, 11innesota, being more spec -I ifically described as: 3e;inning at the Southwest corner of Lot. 73, " flap of Carver '-,each" at Long Lake and thence r.annin; fast alonn the ,!orth line of Maple ?oa:i, a distance OF 509.20 feet to the southeast corner of Lot 127; thence turning and running Southwesterly a distance of" 10 fe:=t to the ";ortheast corner of Lot 261; I thence turning an•l running 1:est alon•1 Vic Souta line of "able ^oa.d, a distance of 5^G.5? feet to the Northwest corner of Lot 210; thence t,mlin-; an,! running fiorth a distance of 40 feet to the place of,belinnin•1, c all accurdin•1 to t'•,"'"ap of ^arver "eac!i" at Long Lake, on file and of record, in tha Office of the ''c;istrar of Titles, in and for Carver County, °linnesota. EXCEPT the South hag f .)f ",:`i e ?oa !, .r r,.r _ens L ) an,i ';orth of Lots 22G through 232 inclusvie, heing more particularly ieScri',a i as that part of vacated '":aple Road a$ follows: Commencing at tie ''ortnea,lt c,mnrr of Lot 232' 'ani rann•in , thence "lorth along, the East boun-iary of Let 232 eytenicd, a distance of 20 Feet tb�' the center of said Maple Toad; t'ience turnin; an-' r,,nnin t ,:est along the center 1 inc of sail "road a distance of 140 feet, to a point where t'ie west ho;jnaary of Lot 226 if extender) North, would intersect centerline of sail roar% thence -turning and running South' a distance of 20 Feet to the :ort.ivcst corner of Lot 22G;' thence turnin; a+ running East along the ':orth boundary of...Lot:s• 221W tnru 212 inclusive, a distance o•f 110 feet to the point of beginning, "tali of "arver 2cach at Long Lake, according to the map or plat thereof on file -and of recor', in o' the ^egistrar4 of Titles, and County and State. ` • 1LSO EXCEPTING:. 3eginning at the North cast"turner of Lot r'225, thence runnning fiorth on an extension of the East line of sa i 1 Lot 225, a Oi stance of 29 feet to a point on the center line of said Vacates ""a -le 7oa•1; thence turnin; and rennin; East along the center line of said vacated '4aple 'toa,l, a .listance of 5 feet to a. point; thence turning a right angle and runnir•7 ,!ort!i a 1istance of 20 feet to a- point on the South line of Lot.102; thence turning anJ an-' rimnin•1 ;tiest along the North line of sari vacate, 'laple 'toad a distance of 135.97 feet,, More or less to the fast line of the Excelsior (Carver.County 'toad 117); thence turning ane running South along the Fast line of said Lxcelsior Road a distance of 40 feet to the ':urth line of Lot 219; thence turning and. running Last Along -the So-ath bounlary line of Sail vacated 'Maple "oars, a. distance of" 131 .96 feet • more or ,1 ess to the point of ben i nn i n`1. 7 Alw A ? k „ ' •w.� ,6 �5'rav 1, '•'1'1+l' +. 1 ..4. I- .. •, .. fir, Sic July 2, 1981 Mr. Bob Wiebold Director of Planning City of Chanhassen Offices Chanhassen, Minn. Re: Carver Beach Sketch Planning Dear Bob, As you know a significant amount of constructive interaction has already occurred between LANDPLAN INC. and the Planning Commission of Chanhassen regarding the disposition of the "Quady" property. Inasmuch as our time frame with respect to my client's goal of grading the site yet this year grows alarmingly short, I must begin to prepare a preliminary plan and ask for a public hearing at the earliest possible moment. With great respect for the Planning Commission's previous input on this matter, I would like to gain their support for the compromise plan "I" drawn from their most recent input which is enclosed herein. Hopefully this can be accomplished at the first July Planning Com- mission meeting. It is my feeling that if you could circulate plan "I" and poll the Planning Commission at the next meeting I would be in a position to prepare in greater confidence the preliminary plat for formal sub- mission before the July 22nd submission deadline. I will meet with you and Mr. Monk the day following the next Planning Commission meeting to incorporate engineering requirements of the project. Thank you, and the Planning Commission, for the very kind assistance in this matter. Yours truly, LLAN INC. --Donald L. Hess, Jr. Landscape Architect DLH/blb d - Planner CITY OF CHANHASSEN RECEIVED m I_ 21981 COMMUNITY DEVELOPMENT DEPT. go NIZ-aw 14 , 0 P"CLUA3 12b 0 11 Wi I I a I ;;J W—,i I NIALSK0 .14 Ilk Ilk - 401 Townes Road Wayzata, MN 55391 473-5711 City Council Meeting - August 3, 1987 3. A roadway easement through Lot 3 of Tim Foster's subdivision is not required. If Outlot A is resubdivided, the City will look to an alternate street connection as represented in the report prepared by VanDoren, Hazard, Stallings. All voted in favor and motion carried. Gary Warren: We're not talking about a Chapter 429 feasibility study right? Councilman Geving: Oh no, In-house. Councilman Boyt: I see that as something that's relatively inexpensive. If you find out that that's not going to be in the neighborhood of $50101.001 or so, I would like you to let me know and I will certainly give that some discussion because I don't see this as being a big expense. CONSENT AGENDA: (D) APPROVAL OF PLANS AND SPECIFICATIONS, CARVER BEACH ESTATES. r Councilman Johnson: I had a chance to look at the plans today and the way the plans look to me it looks like we're basically clearcutting a whole area, they're grading everywhere. Zhey are very little areas that don't show that no grading is going to happen or no changes in the contours. I have a concern over that. I was wondering, this is really tough because it was approved back in 1981 or 1982, whatever the case may be, 1981 and now it finally comes up for building. There seems to be quite a few problems especially along the southern boundary of the main area back behind Jerry Boucheaux's property. Is the developer willing to put up the berm and diking or build a low area as our engineer Larry Brown has suggested? There seems to be a lot of conditions in here. I want to make sure the developer is aware of all 19 conditions and is acceptable to all these. - Grady Boeck: I am one of the partners that will be developing this property. I'm also a consulting engineer and have had a bit of experience in this type of field in the last 301 years. We are very much interested in receiving your approval so we can begin work on this thing here before the season, even though people would rather fight the cold than the warm as the survey said, I don't agree with that but we have gone over these 19 issues and I spoke just briefly with Mr. Warren about them. This afternoon we received this in the mail so this is the first time we've been able to see it. Item 1, we do have a development contract that was signed back in 1982 by the owner and there.is a statement in there, a paragrah that that contract does accrue to anybody that buys that property and it does hold to the city in opposed to any other purchaser or developer and I have gone over that with our attorneys on that and he is convinced that that is in fact the case. Now I'm sure your attorney will have to verify that too. I can show you what that paragraph states. Item 2, 3, 4, 5, we have no problems with those. Nor with number 6. 7, move the drainage swale and I believe Councilman Johnson that was what you were referring to on the south lot line. It is our intention and we have always worked in our work that when we have water on our property we take care of it to a proper outflow such as some areas I know that they permit water from your I I W 17 City Council Meeting - August 3, 1987 parcel, your development parcel to run onto the next parcel as it has done for 40 years. Whether it sheets across there or however but it is definitely our intention to contain that water on our property in those contours that we show on that drainage and erosion layout does so indicate that. Mr. Brown has stated that he would like to have the indicated drainage swale moved to the north. We have no problem with that understanding that we have a 20 foot drainaeg easement into which we have worked. We have also tried to design that so that we will not run all of the water down to one small channel. That the water would more or less sheet across the backyard so there would be no area that would receive excessive erosion or anything like that. Not that there is a great deal of water coming down there but we would work with Mr. Brown to move that 10 feet. 8, 9, 10, we have no problem. We are a little bit concerned with item 11 requiring additional catch basins. We have to maintain a proper flow in the pipe as it goes to the detention pond and in order to construct a catch basin you must have at least a minimum of three feet from the end of the pipe to the top of the ground. If we do that we would have to raise our ground at the outfall or where they are requesting that we put the catch basin in we would have to raise it approximately 2 feet. That can be done. There is no problem with that. The only thing that it does is cut down on the natural drainage area. Now as you are aware, both Lots 1 and 2 in Block 3 have a great deal of their area is dedicated for drainage which is accessible to provide drainage for that area and that's the way the park was laid out and that's the way it's recorded and that's the way it's filed. We intend to use those drainage areas as part of this overall program so we are a little bit concerned about item 11. Item 12 and the trees, there are trees down on the southerly part of the plat in Lots 1 and 2 in Block 3. There are also a lot of trees up in the northeasterly portion. We do not want to take down a tree anymore than anybody else does. We have a problem. If we are required and we accept that, to construct ponding in the two lots, 1 and 2 in Block 3, if we must construct a ponding area we have to remove trees in order to dig dirt and there's just no alternative. We have one or the other and we accept either but _if it's a 100 year pond you want then we will supply you with the tree removal permit or whatever to your engineering department for their approval and indicate therein what will be removed. Item 13, if you want to change the name to Nez Perce or from Nez Perce to Lake Lucy Road or to Chanhassen Blvd. or whatever, we have no problem. That's a city ordinance. The plat is recorded right now at the County Courthouse right now and it says Nez Perce Road and a city ordinance will take care of that with no trouble. We have no problem with that whatsoever. 14, no problem. Item 15, I believe we can point out to the engineers that there is a fire hydrant constructed on your project coming off of Powers Blvd. that is part of your reservoir program so there is a hydrant there. They must have a hydrant on their system in order to feed and flush and feed and flush that reservoir as many times as they are going to do it during cleaning and painting and whatever has to go on at that point so that hydrant is then available for eternity, until it blows up. Number 16, we can not agree to that whatsoever and I have talked to our legal counsel. Rather than that we would do as what Mr. Johnson has suggested, we will create a berm. Not in the sense that we would build one but we would not go upon the adjacent property that is not our property. We would cut our property in order to create a lower area from which the water would not run from our property to the adjacent property. We have looked over the area regarding 39 City Council Meeting - August 3, 1987 those lots on Western Drive. They do drain. There is a natural swale. It does drain all the way down to Lot 1 and Lot 2 in Block 3 where the area is reserved with drainage easements so that area does drain. Those houses right now, the one on the cul-de-sac on Western Drive has an elevation of approximately 1,001 foot on the first floor. The drainage swale in the back goes from, that house goes from 96 to 94 to 93 so in comparison it's about 8 feet minimum below that house. There is grading up to that house so we can not whatsoever agree with item 16. We feel that we have taken care of the drainage on our property plus we are accepting as requested by the engineering department the natural drainage from the parcel to the north. Now I don't know if you approved that preliminary plat but I know that the Planning Commission did and they are running approximately 1 1/2 to 2 acres of water onto our property. Now that's the natural drainage ... and it was suggested by the engineering department that we accept it. We'll accept it but on the south end of our parcel where there was some of our water running naturally to the south on the adjacent property, we will intercept that so that it does not run onto their property anymore. Item 17, we have no problem with it.. Item 18, we certainly will do. Item 19 is in the specifications and they are right in saying that should be done. We ask for your approval that those conditions excluded as I mentioned here this evening. Councilman Johnson: One thing, on number 3 I would like to ask staff a couple questions on this. Wood fiber blanket on greater than 3:1 slope. That's a pretty hefty slope. Gary Warren: That's consistent with what the Watershed District requires and what we typically required for Chan Vista. Grady Boeck: Mr. Johnson may I add, I talked this over with Mr. Warren and he said that he would accept some of the new geotech fabric and to get up to a slope too great, I think there is some concern about woodchips eroding but this new geotech fabric is something equal to woodchips and he said he is aware of that. - Councilman Johnson: The fire hydrant at the west end, what do we hit there? Larry Brown: I think at this point it would be better if we clarified that. The applicant is just required to meet all fire safety codes. Councilman Johnson: You really don't need that as a condition because that's really a given isn't it? Gary Warren: Specific review of the plans we note that the fire coverage isn't proper is what called it up. What Mr. Boeck is indicating, Larry will confirm tomorrow and make sure that there is a hydrant there and if there is then he won't be required to have one. Councilman Johnson: okay, so 15 will be applicant will comply with the Fire Safety Codes and ensure adequate fire protection which you basically get rid of most of the first line and part of the second line. In the development contract that you currently have, there is a section in there talking about and I don't have it with me, Larry has got it, about going onto adjacent 4J 173 City Council Meeting - August 3, 1987 properties, getting easements for work on adjacent properties and stuff for the type of work they're talking about in number 16 here if I remember correctly. Grady Boeck: No, I think Councilman Johnson that had to do with the parcel that was right off of Powers Blvd. and'what we're going to do there is shown in the plans and we also have a separate agreement with that property owner that was by the original owner and now accrues to us. Councilman Johnson: In speaking of plans, it was very tough on us I believe to review this without a set of plans. I don't know what happened there. There was a snaffu of some sort but I guess only one set of plans was submitted and therefore Council didn't get any plans. Grady Boeck: If we were told we needed 6 sets, we would have brought 6 sets. Councilman Johnson: Minor snaffu. Larry Brown: I apologize, that was probably an oversight on my part. Mayor Hamilton: This project came up to the Council several times since I've been here and I think Clark and Dale and I were on the Council at the time and we spent really a lot of time dealing with this particular development. I think there were at least two different owners that we reviewed their development and since that time now a lot of things have changed. We're going to have the water reservoir just to the north and Mr. Owens is now developing his property to the north so it's changing a lot of things so I wish we could have had the plans also because I know as part of this plat when it was approved there was a roadway that was to connect to the north that we made a part of the condition of the plat approval. Councilman Johnson: It's still there. Mayor Hamilton: I know it is. It doesn't need to be there any longer. I believe we determined that that wasn't going to connect up with Mr. Owen's property so those things have kind of been overlooked and should be corrected. I don't know how that gets vacated or gets changed but it doesn't need to be there any longer. Grady Boeck: I think we can request a vacation because we don't want it. Mayor Hamilton: Now that the water reservoir is there, there's additional fire hydrants and the additional looping of the watermains and the whole thing should work a lot better but we did I know when I recall working a lot with the drainage on this property to make sure that, I don't remember the lots anymore that the lots by Jerry's place, in fact we pretty near made that an unbuildable lot at one time and made the developer move the home way to one end. We spent a heck of a lot of time on this thing trying to move everything around so I just wanted Jay and Bill to know that there was a lot of time spent on this. I think we did a good job at that time facing what we had to consider and I was surprised to see this back after all these years. 41 174 City Council Meeting - August 3, 1987 Councilman Geving: Do you have a real problem then with item 16? Is that something we can't resolve? Grady Boeck: We have no problem working with those people to some extent but our legal counsel has definitely indicated that no way can we agree to go on private property to improve their property as a part of receiving plat approval. Councilman Geving: So the key comment here is the developer shall fill in the low lying area off -site on the lots behind Western Drive. You're saying you can't legally do that and I don't think I blame you for that. I agree with you. I certainly do agree with you. Now I think the intent here, the intent is to shortstop that water so it doesn't continue to drain into Lots 6, 7 and 8. I think if you do that, you have achieved the intent of item 16. Grady Boeck: We have no problem with that whatsoever. We can bring that water down. As you say Mr. Mayor, you went through this thing and- you have more drainage easement area on Lots 1 and 2. There is a building envelope and there's a house on Lot 1. There's a building envelope and there are all kinds of trees on Lot 2. Councilman Geving: I have no other comment Mr. Mayor. Councilman Boyt: Where is the water going to go when you build your berm? Grady Boeck: Along our south line? It will run to the west and it will drain in the drainage Swale that comes from approximately the northwest corner of Lot 1. You're concerned about this area, here's Western Drive. This is Lot 1. It's already built on. The action has been started. This plat is underway and it was underway when that building permit was issued. Our agreement now has two years until 1988. What we would do is we would bring this water down this lot line and you can see that we have a lower elevation at this point than we do naturally there. We're going to contour all of this property here. We'll try and sheet that water down here but as we'get farther down we're going to have a ditch and that will bring it all the way to this area right here. Now the drainage easement for Lot 1, the house sits there but the drainage easement is all around there. This is all drainage easement. This whole thing. There's a little pad here for a house and there is an existing house but generally this is all drainage easement. We can drain that water right down to this area. There will be catch basins up on the street. Across here we'll pick up that water and pipe it down to a very wide utility easement here. We'll discharge it at this point putting in a drainage Swale so that it comes down. It can come south to a culvert that could go under a potential drive that could go up there. Now we would be using in the 100 year overflow, we would be using portions of this drainage area that is there is dedicated. A new ponding area here with an overflow that would result into a large marsh that extends all the way down to Carver Beach Road and we would pick up all of this drainage and take it the same way. The area that we are picking up and requested was that we pick up from the reservoir plus Mr. Owens plus some of this, we'll be taking that across our property. We did not show definitive drainage plans over in this area because of the woods that are all around here. We want to preserve as much of that until such time that we need I 42 175 City Council Meeting - August 3, 1987 a building permit. The drainage that we show will come south and west, the other drainage will go north and east. Councilman Johnson: I was thinking it would be more on that roadway that no longer needs to be a roadway, that you do grading in there to help to develop the roadway. Grady Boeck: We're going to change over time. We had to do this in order for you to have some kind of drainageway but we will change that. Mayor Hamilton: Does that become a buildable lot there? Grady Boeck: If we replat it. We would take that share of the street and nip a little bit of each one, I think we could. Councilman Geving: It's probably too late. Councilman Boyt: Okay, you satisfied my question about the water. It's all got a home. The reason I didn't take this off the consent agenda was because you're still in your current development contract as I understand it. Otherwise, I think if you came back in again, in spite of all the work and I think you probably did the best job you could given the ordinance you have, we have a tougher ordinance now 'and this wouldn't fly but you've got it and I guess that covers my comments. Gary Warren: I would like to address some of these if I could. Mayor Hamilton: I'm not sure we need to. I think we're ready for a motion. Do you have anymore discussion on this? Councilman Johnson: If he's got something significant to add. Most of these are his conditions. Mayor Hamilton: I guess we've spent a lot of time discussing it and it's something that we can't turn down so if you had questions about it you can work that out with Gary. Councilman Johnson: We've got 19 conditions, we want to make sure they're the right conditions: Mayor Hamilton: Right and I think we've already established that. Gary Warren: Just one point I guess. The development contract, because of it's age from 1982, we put it in here as a condition, in checking with the City Attorney, the plat was filed June.6, 1986 and the development contract provisions call for that the developer for improvements have to start within one year of the filing of the final plat or basically throw it back open as far as the development contract is concerned so as you are aware, we're here in August of 1987 so I think the conditions that I was looking at here was to go in this with our eyes open. I wasn't comfortable with the drainage situation and not knowing the history of the platting process, we did look back in the files to see if we had any more tools to deal with the drainage. 0 43 City Council Meeting - August 3, 1987 We've had people, Mr. Boucheaux was pointed out, who had been living with the drainage problem up there for a while and that's why I guess our staff recommendations were to try and work with Mr. Boeck here to accomodate that drainage without aggravating an already bad situation. The recommendations as far as the 100 year storm and the ponding area there, Larry had gone through the calculations. We just received them last Wednesday. We're trying I guess our best to get this reviewed for Mr. Boeck here but we didn't feel comfortable that we had the right numbers even for the pond sizing so as you say, it has been discussed thoroughly but I guess from a staff standpoint I still have some concerns about it. Larry Brown: Just one point I would like to make that would have to be included if this were accepted. In the specifications it states that the working hours will be 6:30 a.m. to 10:30 p.m.. Obviously this is going to be a problem with our ordinance. Councilman Johnson: 7:00 to 6:00 is what we've put on everybody else lately. Grady Boeck: We have no problem with that. Councilman Boyt: Gary, are you suggesting that we really are in no shape to pass this tonight? That we should be tabling this? Gary Warren: Our recommendation was for approval with the conditions. Councilman Boyt: So you're comfortable with it? Gary Warren: With the conditions however Mr. Boeck is taking exception to some of the key questions that we had or concerns we had such as that Lot 2 drainage area and the whole swale area and I guess I'm not comfortable with it without providing some piping the storm water as we recommended. Mayor Hamilton: I think since Mr. Boeck had said he didn't get an. opportunity to see some of these conditions until today that approval could be granted based on Gary and Mr. Boeck working out the additional conditions and those conditions that are in question, when they are resolved to your satisfaction Gary and Larry, that they could be put back on a consent item so we can see what the resolution of them was. Would that satisfy you? That would give you an opportunity to work with our engineers to satisfy anything that was a problem for them. Grady Boeck: So there is two options? To accept all the 19 conditions and get it approved tonight or have it delayed for another two weeks? Councilman Johnson: Or longer. Continue to negotiate. I was going to modify number 15 which is comply with Fire Safety Codes from that standpoint. Mayor Hamilton: I guess I'm not sure Mr. Boeck why you have a problem having it approved tonight with the condition that you work out the differences with our staff. 6 44 177 City Council Meeting - August 3, 1987 Grady Boeck: Your motion will be to approve it and we work out the conditions with the staff? Mayor Hamilton: Right. Councilman Johnson: That would be number 16 we're having a problem with. The low lying area. If you show that no water from his development is getting into Boucheaux's and whatever yard, I believe that... Gary Warren: That's our condition is for is just to resolve that issue. That's correct. Councilman Johnson: Okay, so that's basically, rather than trying to solve a problem of the neighboring neighborhood by filling in a low area in their neighborhood that would protect any additional water from coming on there being caused by the increased development within this area. I think that can be worked out between you pretty easily. Grady Boeck: I have no problem with it. I would just like to suggest that over the 30 years of city engineer and all of this other what you are all going through, to go out on that property and satisfy those owners and the word restoration in here is the killer: Mayor Hamilton: I don't think we're saying that you need to satisfy, we're saying you need to satisfy the engineer. Grady Bock: That's rig' -it and what w--'r2 trying to attempt to do Ls not to go onto that private property and work out a solution whereas we can drain that property west along our south line and get it into the easements that are public domain. Mayor Hamilton: I think the direction to the engineer is that Dale and I agree and I'm not sure about Bill and Jay that we would certainly agree with you that it's a difficult thing to go onto somebody elses property and start filling and you should talk to Roger and that should be a part of your negotiations with the engineer. That's a difficult thing and you shouldn't have to not do it. Councilman Geving: I don't think Gary is going to be unreasonable. It's a matter of two items here that I saw or, so that had to be worked out. Councilman Johnson: I don't see a problem in working 16 out. Item 11 might be a little more difficult. Councilman Geving: That's an engineering problem. Councilman Johnson moved, Mayor Hamilton seconded to approve the plans and specifications for Carver Beach Estates dated June 30, 1987 as recommended in the Consent Agenda with the conditions as pointed out by the City Engineer and the applicant and the City Engineer will work out the items of conflict which are conditions 11 and 16. Item 15 be modifed to read as follows: 45 City Council Meeting - August 3, 1987 15. The applicant will comply with Fire Safety Codes and ensure adequate fire protection. All voted in favor and motion carried. DISCUSSION REGARDING LICENSING BUILDING CONTRACTORS. Jim Chaffee: A little over a month ago we were approached, Staff was approached, specifically Public Safety by members of City Council to look at some alternatives for increasing local patrol of the building codes. It seemed at the time an incredibly complex issue but we did boil it down to a very simple objective. The objective was to insure quality construction of a verifiable nature to coincide with the long range plans of the City of Chanhassen's goals and I think when we looked at it we decided that what we do now could have some major impacts on what would happen in the future as far as the quality of life in Chanhassen would go. That evolved into a meeting with some members of the local building contractors in the city of Chanhassen. We invited four, two showed up but they were two of the major ones. Hemphill - Northern and Tomkay Builders. During that meeting Councilman Boyt was there, Mayor Hamilton, a member of our building inspector staff, myself and I think that was it but what it turned out to be in this discovery meeting was not only did we come up with some alternatives for increasing local control but we came up with some ideas involving insurance and just something we could get our teeth into that would insure that we would have quality construction in the City of Chanhassen. To that end we discussed many issues, some that we weren't even aware of and we were surprised that the builders had brought up themselves. One of them was the lack of heating inspector or building requirement. If you will just let me, in the packet we went over, Councilman Boyt wrote up some of his notes from the meeting and he started from ground one or we started from ground one in that to insure quality construction, what it turned out to be I think was not so much alternatives for stricter enforcement. We came up that there were none so we did come up with some alternatives for some stricter enforcements. These are just some examples. What we're doing is throwing them out to -the Council to discuss. We still have a little bit of research to do in this. Just going from the memo from Councilman Boyt we looked at basements and again, we're going from the basement on up. Some of these ideas were draintiles, sump pump systems to be required, block or poured concrete required for walls, 2 inch concrete floor requirements crawl space with the space properly ventilated. Mayor Hamilton: Before we get off that one. I think we talked about wood construction of basements and I don't think we all agreed there was nothing wrong with them it's just that they didn't like to do them. Tom said he had done some but he just didn't like them so he doesn't do them anymore so I'm not sure. Remember Tom said he didn't really have anything against them, I just don't like to do them. He experimented with them and he just didn't care about them. Councilman Johnson: He built two. I live in one, he lives in the other. 46 rhl 9/20/82 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, cerF 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 1055 East Wayzata Blvd. Suite 320 Wayzata, MN 55391 8.05. Bindina 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 By _ Partner And _ _ 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- rhl 9/20/82 STATE OF MINNESOTA ss COUNTY OF On this day of 19 , before me, a notary public within and for said County, per- sonally appeared and to me personally known, who, being each by 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 partnership and said and _ acknowledged said instrument to be the free act and deed of said partnership. STATE OF MINNESOTA ss COUNTY OF CARVER Notary Public 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. Notary Public -14- CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Bob Waibel, City Planner FROM: Fran Callahan, Park and Recreation Director ;(I(f, DATE: July 17, 1981 SUBJ: Qua.dy.Property:, Carver Beach Properties, Inc. PLANNING CASE: 78-19 Subd`. The Park and Recreation Commission will meet Tuesday, August 4, 1981. I will put this item on the agenda for their review. Meanwhile, this office is of the opinion that the Commission will request the park dedication fee be required at time of development. Parklands dedicated in the Chaparral Development will be the major park in this area. CITY OF S� CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT TO: Planning Commission and Staff FROM: Bob Waibel, City Planner DATE: July 16,.19.81 SUBJ: Preliminary Plat Review, Quady Property, Public Hearing APPLICANT: Carver Beach Properties, Inc. PLANNING CASE: 78-19 Subd. For the purposes of your review for this public hearing attached please find the proposed preliminary plat, grading plan, profiles, and utilities plan as prepared by Land Plan, Inc. The applicant is proposing to replat the subject 10..7 acres into 23 single family building sites. The northerly 2/3 of the subject development proposal contains 21 lots and the southwest- erly most lowland area contains the remaining 2 proposed lots. As shown on the attached Planning Commission minutes of June 24, 1981, there was no approved motion by the Planning Commission specifying to the developer a number of lots that would be acceptable. The applicants plans indicate the proposed home sites on lots 11 and 12 of Block 2. Notwithstanding that the City Engineer may find the northerly extention of Summit Drive infeasible and that storm water ponding needs render these lots undevelopable, this office is concerned that a precedent may be set through the creation of a lot of record on an unapproved public street (Lot 12). Provided that the City Engineer deems that the storm water holding needs will not forclose development of Lot 12, I recommend that development on Lot 12 not occur until it's access is upgraded to municipal standards. I have discussed the subject plan with the County Engineer, Don Wesniewski, with respect to access onto County Road #17, and he has stated that there are no problems with such. Planning Report - Quady July 16, 1981 Page 2 Although topographic information is not available for the pro- perties north of the subject property, field inspection revealed that there are no terrain features prohibiting to the dedication of right-of-way between the east/west street through the development and said property to the north of the subject property. It appears that right-of-way for a potential future street to the property to the north could be dedicated anywhere between lots 3 and 8 of Block 1. Section 8.02 subsection b of subdivision ordinance #33 states that "the arrangement of streets in new subdivisions shall make provisions for the continuation of existing future streets in adjoining areas." From a planning standpoint I recommend that a 50' right-of-way be dedicated for future traffic_ circulation in the vicinity of Lots 4-6 of Block 1. Said dedication should be incorporated without any affect of it reducing the number of lots presently proposed in the north- erly portion of the subject plan. (This office was informed today that a group of homeowners in the neighborhood will be meeting to discuss possible traffic circulation alternatives in and around the subject property. Their input could very obviously have a significant impact on the preliminary plat design, however, since their input is not yet available, the above comments are made with exclusive reference to the plans submitted by the applicant and prior discussion of the Planning Commission concerning the subject proposal.) It has been determined by staff that the right-of-ways proposed for vacation for the subject development will need to receive Planning Commission recommendation with a subsequent City Council Public Hearing. As such, any recommendations of approval on the preliminary plat by the Planning Commission should include a recommendation for vacation of certain right-of-ways. For administrative purposes, the applicant should consider filing a joint applicant of vacation of streets with adjoining pro- perty owners along the right-of-ways in question. The applicant has requested a 20' rear yard setback variance for Lot 1 Block 1. This office recommends that a lot shift or.a series of lot shifts should be incorporated into the plan that would eliminate any need for such a request. In the absence of any real neighborhood amenity on the proposed outlot at the east and west entrances to the development, this office is concerned about the long term maintenance. Ideally, for assurance of maintenance, these parcels should be associated with adjoining residents. Additionally, in order to accomplish the conveyances of these parcels to adjoining residents, said parcel should not be assessed for the public improvements necessary for the development. Planning Report - Q_ddy July 16, 1981 Page 3 Recommendation I recommend that the Planning Commission recommend that the City Council approve the preliminary plat exhibit for Carver Beach Properties, Inc. dated July 6, 1981, revised July 10, 1981 and recommend that the City Council hold the necessary Public Hearing for the right-of-ways proposed to be vacated with the following conditions. 1. That lot 12, block 2 not be deemed developable at this time for reasons that it does not have frontage on an improved public street. 2. That a 50' right-of-way be dedicated between the east/west road through the development and the north property line in the vicinity of lots 3-7. 3. That a lot shift or series of lot shifts be incorporated into the plan that will eliminate the need for a rear yard building setback variance as requested for lot 1, block 1. 4. That the applicant demonstrate to the City adequate means by which the long term maintenance of the parcels indicated as outlots A and B will be accomplished. 5. That the applicant incorporate any and all of the concerns of the City Engineer regarding the proposal into their proposed plans. , U:Jdate-Au=rust 5, 1981 The Planning Commission duly held a hearing on the subject pre- liminary plat on July 22, 1981 and moved to recommend that the City Council approve Preliminary plat in accordance -with the staff recommendations with the exception of condition #1 and #2 of the Planning Report dated July 16, 1981 and #4 of the City Engineer's Report dated July 17, 1981. Since the public hearing was held by the Planning Commission, staff has received a petition for vacation of streets signed by the applicant and surrounding property owners for the vacation of Maple Road, Summit Drive North of 67th Street, Narcisus Road, and the 33' cartway forming the northerly boundary of Carver Beach West of Nez Perce. As shown in the report from the City Attorney, the form of the petition is not adequate and, further, that any final action on the preliminary plat approval should be tabled until the vacation request is properly documented. Traditionally, one of the City Council considerations for preliminary plat review is the developers obligation to the Park Dedication Ordinance. Staff recommends that no Park Dedication credits be contemplated for the subject proposal and that the standard park charge be paid at the time building permits are issued. REGULAR CHANHASSEN CITY COUNCIL MEETIk_XQVEMBER 16, 198' Mayor Hamilton called the meeting to order with the following members present: Councilwomar 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 Mayor 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. Russell 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. Councilwoman 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. Russell Larson - Troendle owns, in Carver Beach, Lots 37 to 63 and the Owens own Lots 1 to 36 in Carver Beach. Councilwoman 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? •Joe Troendle - Yes, I think I am. Councilwoman Swenson - If you are satisfied then I have no further questions. Councilman Geving - Russ, when we vacate a piece of property, that property that was supposedly owned by the City as a right-of-way, correct? Russell Larson - Right. Councilman 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? Russell Larson - Are there sewer and water lines in there? Bill 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. Russell Larson - The language of the vacation has to be explicit in setting that out. Council Meeting Novembe 16, 1981 _3_ A 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. I`T -nrT Z we v T ( ID v N R � r PAUL PALWER P 91 , I !7 R/W per f! r':igvEF `:OUNty �='i1N7Y HWr :�s•r:r. i S" f Mi9t'0 TOe-710 � -R/W per plot 1 r Lr r i rr -r •r i r i 00 i �"� T„T 71-4 T'•`- 909 30 12411 go t� } - t - i- - — -- -_ — -- ---- r m i m " i• 9 p 1 � C!1 97 10 i 4 1 "9• I 2 y - P"' FM 21-N [ 10 r_,, W-,, I ILI �'� l o _- � f e � • � Ada/ t� y __- _ _ .--__�� • 1 _- _ ,o CARVER BEACH PROPERTIES '.' t, tiiti r CHANHASSEN, WNNESOTA ' 0 i6(i eon r PAUL P FALME*R BK 62, P 91 i m ou� u R/W per CO NTY HWY Utpr- -7 r kK-1014113C.-If" 0, py' 1-1 T-1 --R/W per plot' -1 40 r 1 r-T -1" 40 7 -1,- 1 r 4 , . . 41. 1. 74 VI rn rn Tl-uLd Dri"Ve) V % 4, im CARVER BEACH PROPERTIES CHANHASSEN, MINNESOTA In g: rgwl, GD 1k 1�0 " " 401 Townes Road Wayzata, MN 55391 473-5711 1 �O200 OD I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Planning Commission FROM: Bob Waibel, City Planner DATE: October 22, 1981 SUBJ: Preliminary Plat Alternate Review, Quady Property PLANNING CASE: 78-19 Subdivision As you recall, the Planning Commission at its last review of the subject proposal, moved to recommend conditional approval of the preliminary plat as shown in attachment #1. In between the Planning Commission review and the City Council review, the applicant submitted the hybrid plan, shown in attachment #2, and felt that it responded to staff concerns regarding trans- portation circulation to surrounding properties. The City Council expressed a preference for the revised plan. However, before any preliminary plat decision was to be made, the Council directed staff to obtain Planning Commission sentiments on the proposed revision, which is essentially the purpose of this review. Additional City Council comments on the revised plan were: 1. That any access to the North have a 900 intersection with thru east/west traffic movement 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." 3. The plan should not have more than one access to the North from the east/west road in the proposed development and, 4. That the possibility be explored to remove the Hobbs' and Coudrons' accesses from Powers Boulevard. - Memorandum - Quady October 22, 1981 Page 2 With respect to the above comments, staff concurs that any access to the north should allow for thru movement on the proposed east/ west road. Furthermore, staff believes that the only manner by which an access to the north could be provided that would assure legal perpetual access to both the Owens and Troendle property, would be to dedicate right of way (see attachment #3) in the vicinity of lots 6 and 7 df Block 1, that would have its centerline match with the north/south boundary of the Owen and Troendle property. This being the only access recommended to the north, with the exception of Nez Perce potentially continuing to the north, essentially satisfies the third of the above concerns of the City Council. Throughout the review of this proposal, I have discussed with Mr. Hobbs the possibility of changing the access of his residence from directly onto Powers Blvd. to the interior street of the proposed development. He has acknowledged this as being quite easily attainable through the proposed development, however, he stated he has not reached any decision on his own or with the developer as of yet. Although no similar discussions occurred with the property owner immediately south of the Hobbs', it appears that this too is an individual owners decision. Additionally, in this property owners situation, it may prove to be a considerably greater expense to relocate its access to the interior street of the development. Although it does not appear in the attached City Council minutes, the design of the easterly intersection of the proposed develop- ment was discussed. Due to conditions of slope and its potential problems for acceleration and deceleration of vehicles, staff continues to believe that this intersection would function better as previously discussed and as shown on attachment #3. RECOMMENDATION Upon review of the hybrid plan, it remains the opinion of staff to approve the preliminary plat reviewed by the Planning Commission at its public hearing of July 22, 1981 (see attachement #1) with the conditions recommended in the Planning Report dated July 16, 1981 and the City Engineers Report dated July 17, 1981 as follows: Planning Report -July 16, 1981 1. That lot 12, block 2 not be deemed developable at this time for reasons that it does not have frontage on an improved public street. 2. That a 50' right-of-way be dedicated between the east/west road through the development and the north property line in the vicinity of lots 3-7. • Memorandum - Quady ' October 22, 1981 Page 3 3. That a lot shift or series of lot shifts be incorporated into the plan that will eliminate the need for a rear yard building setback variance as requested for lot 1, block 1. 4. That the applicant demonstrate to the City adequate means by which the long term maintenance of the parcels indicated as outlots A and B will be accomplished. 5. That the applicant incorporate any and all of the concerns of the City Engineer regarding the proposal into their pro- posed plans. City Engineers Report - July 17, 1981 1. The overall scheme is acceptable but no portion of Western Drive (shown as 67th Street) should be vacated at this time. The petitioner does not need this street vacated to make the plan functional and the City should not limit future traffic possibilities. 2. The south right-of-way line must be realigned by the northeast corner of the Hobb's property to insure that the right-of-way does not overlap private property. 3. The southeast corner of Lot 11, Block 1 should be dedicated as right-of-way to allow for a proper (900) intersection for a future northward extension of Nez Perce. 4. A right-of-way (50') stub should be platted between lots 6 and 7 of Block 1 to allow for future traffic circulation as the area develops. ATTACHMENTS 1. Preliminary Plat dated July 6, 1981 2. Plan Revision "Hybrid Plan" 3. Staff Right of Way Sketchs 4. City Council minutes October 5, 1981 5. Previous Planning Commission Minutes and Materials CITY OF 4, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Planner, Bob Waibel DATE: October 2, 1981 SUBJ: Preliminary Plat Review, Carver Beach Properties, Inc. (Formerly known as Quady Property) PLANNING CASE: -R-78-19 Subdivision Since the City Council review of the subject item, the applicant has submitted a vacation of street petition signed by the property owners to the north of the subject property with the exception of the Bennett property (Lot 9, Vineland Addn.) and additionally, the applicant has submitted purchase agreements with the aforementioned signatory property owners setting forth the terms of acquisition of right of way proposed to be vacated along the northerly property line. Although there are several aspects of this street vacation request that the City Attorney will want to investigate fully before the street is actually vacated, the applicant has requested that the City Council review the proposed plan and make their comments known before the applicant incurs extensive costs associated with the City Attorney's review of said vacation of street. As such, the applicant is requesting that the City Council, minimally review and comment on the plans that have been reviewed by the Planning Commission. (Reference letter from Mr. Don Hess to Mayor and City Council, dated September 29, 1981.) Additionally, the applicant is requesting that the City Council consider a hybrid plan (Reference preliminary plat revision #2) that addresses comments made during the preliminary plat review to date. (Staff & Planning Ccm. have not conducted a formal review of Revision #2). Action proposed to be taken this evening would be: 1. Consider applicant, citizen, commission and staff comments regarding the preliminary plat. (Exhibit 1). 2. Act on preliminary plat in any of the alternative forms: a. Denial for non-compliance (non-compliance areas must be stated. The attorney should state the legal basis for such denial and recommend such wordage.) b. Approve the preliminary plat, setting forth conditions including a condition of meeting standards and receiving approval with the street vacation petition (separate hearing required to be called by the council to effectuate this). C. Set public hearing date for vacation of existing streets within plat area (November 2, 1981 recommended). This option assumes that council members have been polled as to whether they are in agreement with the plat including conditions to be met by the applicant. Action on the preliminary plat, this evening would then be tabled to November 2 , 1981. Staff recommends 2c of the above. If this recommendation is approved, the City Attorney will then be in- structed to research the purchase agreements/street vacation petitions (stub abstracts). For purpose of your review, the information on the request is presented in two sections, the first of which contains materials received since the last Council review of August 10, 1981, and the second section con- taining the materials presented in the City Council packet of August 10, 1981. Y Materials Received Since August 10, 1981 1. City Council Minutes August 10, 1981 2. Letter from Don Hess to City Council dated September 29, 1981 3. Vacation of Street Petition signed by Property Owners to the North. 4. Revised Street Vacation Graphic 5. Street Vacation Purchase Agreements CITY OF CHANHASSEN 690 COULTER DRIVE • P 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Attorney, Russell Larson and City Engineer, William Monk FROM: Bob Waibel, City Planner ' DATE: September 28, 1982 SUB J: Carver Beach Estates Development Contract PLANNING CASE: 78-19 Subdivision I have reviewed the subject development contract draft dated September 20, 1982 and find that it is consistent with the preli- minary plat approvals of the City Council. I only have a few comments which are as follows: For clarity purposes, I believe that Section 4.03 Alignment of NezP_er_ce_Drive should be incorporated in Section 4.04 Northerly Access Road to the effect that the dedicated right-of-way for the northerly access road should intersect at an 90' angle with Nez Perce Drive as depicted in the vicinity of Lots 3 and 4, Block 1 of the preliminary plat. You may have noted from the draft of the final plat provided to staff by the developer,.shows the area to be dedicated for said northerly access road as outlot. As such, the developer should make the appropriate adjustments to his final plat before signatures are affixed. Regarding Section 4.10 on covenants and restrictions, I have con- tacted Don Hess and he has indicated that to his knowledge there are no proposed covenants for the property. I have forwarded the copy of the draft development contract to the developer and anticipate that we will be meeting with them shortly to discuss any questions or concerns they have on this contract or the final platting process. cc: Carver Beach Properties, Inc., Adrian Johnson, Partner, 1055 East Wayzata Blvd, Suite 320, Wayzata Don Hess, c/o Land Plan, Inc., 401 Townes Road, Wayzata Scott A. Martin, Community Development Director Walter Hobbs rhl 9/20/82 FA CITY OF CHANHASSEN CARVER BEACH ESTATES DEVELOPMENT CONTRACT PARTIAL RE -PLAT OF CARVER BEACH CARVER BEACH PROPERTIES 'PHIS AGREEMENT, Made and entered into this 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 City Zoning Ordinance for the 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. rhl 9/20/82 (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 Developer's 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 Snecifications. 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, vaiiativit, CJ1Tii85iCJi1 UL c1UU.LLi(Jd. 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. -2- rhl 9/20/82 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. WIC rhl 9/20/82 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 Inspection. 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, -4- rhl 9/20/82 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. M-C _hl 9/20/82 9/28/82 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 Special 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. rhl 9/20/82 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 amounts 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 Hearing and Right of Appeal. The Developer waives its right to public hearing under §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Deferred Special Assessments. -7- L 9/20/82 SECTION 4. SPECIAL CONDITIONS. 4.01. Lot Size. All lots within the plat created for single family residential sites shall contain not less than 15,000 square feet. I 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 WE rhl 9/20/82 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 by 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 �,il 9/20/82 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 110% 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 12.15 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: -10 - 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 -11- CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 15, 1980 TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel SUBJ: Replat Request for Quady Property, Carver Beach, Sketch Plan Review APPLICANT: Lake West Construction PLANNING CASE: P-543 The applicant is requesting to replat the east 15' of Lot 80, 81-95, 103-194, 226-233, 254-270, 238-240, 299-308 and 200-204 into single- family residential building sites. Background Community Location: As shown in enclosure 1, the subject property is located in the northwest portion of the Carver Beach neighborhood and along the vacated section of W. 67th St., Maple Rd., Narcissus Rd., and Summit Drive. Existing Zoning: Subject property and its environs are presently zoned R-1, single family residential district, with the exception of the property directly north of the subject property is zoned R-lA, agricultural residence district. Utilities: Presently there exists an 8" PVC sewer trunk and a 6" water trunk between W. 67th St. and Maple Rd. along the alignment of Summit Dr. These two lines continue west along Maple Rd. at the intersection of Maple Rd. and Summit Drive up to the rear property lines of the existing homes abutting Powers Blvd. Comprehensive Plan Proposal 1. Land Use: Pursuant to the adopted city plan, the subject property and its environs are to assume and maintain a low density single family residential identity. The adopted Carver Beach Neighborhood Plan states "permit continued development of detached single family homes for land north of Carver Beach Rd. as infilling to the present pattern of development. Lot and home sizes should be compatible with existing scale of units". 2. Transportation: Pursuant to the adopted Carver Beach Neighborhood Plan, Narcissus Rd., Maple Rd., and Summit Rd. are to function as minor collector, f Since the above report was written, certain overall transportation issues in the vicinity of the subject property arose which were 1) how to accommodate a northerly egress from Carver Beach as proposed in the Carver Beach Plan; 2) how to best provide for a secondary westerly egress from the northern Carver Beach area other than Carver Beach Road; and 3) how to best plan for overall transportation circulation in the area between Carver Beach Road and Pleasant View Road. As you may know, some of these issues were discussed during the northeast Chanhassen collector street study of last year which was disapproved as to the possibilities of construction of a collector design street between Lake Lucy Road and Townline Road in the north= easterly most corner of Chanhassen. Albeit that the collector study was disapproved, this office feels that there remains a need to con- sider the above three points on traffic circulation when reviewing any development proposals in this portion of Chanhassen. Due to this perceived need to investigate overall traffic circulation in the general area of the proposed development, there have been several meetings between staff, the developer, and surrounding residents of the subject property in order to draw up a development scheme for the property that would be most reasonable and functional and thus the four options (referenced attachments A-D) were developed and submitted by the applicant. Before entering into discussion on the individual schemes, it is necessary to point out that the applicants ownership only extends as far north as the southerly right of way line for Narcissus Road (note some of the sketches show development on both sides of Narcissus Road), and that the portion of the proposed sketches shown as proposed collector street is a misnomer in that the collector street study was disapproved, however, this is not necessarily nullified as a possible street alignment. Additionally, it is the feeling of this office that in the process of choosing or selecting a preferred development plan from the four submitted, that proper measures be taken to allow for the provision of tangents that will permit the intersection at Powers Blvd. juxtaposing Lake Lucy Road and a flowing connection to the vicinity of the temporary cul-de-sac in.the southwest corner of Sunrise Beach. The following is a brief discussion of the four sketches and their various attributes and pitfalls: Sketch A: Advantages 1. Makes the juxtaposing intersection with Lake Lucy Road more efficiently attainable through the utilization of a somewhat straight street alignment between the Lake Lucy Road intersection and the southwest cul-de-sac at Sunrise Beach. 2. Has total dependency of individual access onto interior street systems of the development and will promote the same development scheme on the properties directly to the north of the so-called collector street. Sketch A, Continued ,r Disadvantages 1. It is not all contained on the applicant's property holdings and thus would necessitate certain negotiation with the property owners to the north. 2. Will be somewhat of a departure from the development pattern of Carver Beach directly south of the subject property, however, such departure would be minimized by the significant expanses of open space between existing structures and the subject property. 3. May possibly bring adjoining property owners to the north into a special assessment situation through the necessary creation of the east/west connection between Lake Lucy Road and the easterly edge of the subject property. SkPtrh R- Advantages 1. Will reciprocate the development pattern extant in this portion of Carver Beach. 2. Would not necessitate any acquisition or property from adjoining property owners to the north. Disadvantages 1. Could potentially create a permanent inordinantly long cul-de-sac situation at the westerly terminous of Narcissus Road, however, as previously recommended, every effort should be made to secure proper tangents to make the most optimal intersection at Powers Blvd. (Such could be additionally ameliorated by the requirement to connect the south central cul de sac of the proposal development to West 67th Street. Such could be accomplished with a temporary access along the alignment of Summit Drive until the westerly connection to Powers Blvd. could be made). 2. Would possibly involve the properties adjacently north of the subject property in a special assessment situation for the improvement of Narcissus Road. 3. Would have individual accesses onto Narcissus Road which may be a minimal drawback when and if this road connects to Powers Blvd. and to Sunrise Beach. Sketch C: Advantages (Same as Sketch B). Disadvantages (Same as Sketch B - Detectable differences are a slight realignment of Summit Drive resulting in the reduction of one lot in the area east of Summit Drive and reorientation of the two lots in the southwest corner of the intersection of Narcissus Road at Summit Drive). Sketch D: Advantages 1. Would have individual accesses utilizing interior streets of the development. (It seems highly unlikely that this advantage will be realized from the standpoint that such a configuration preclude double frontages on the northern tier of lots which would not be the most cost effective or practical way in which the general area should develop). Disadvantages 1. Would have the same disadvanatages as Sketch A in that it would imply acquisition of additional land to the north. 2. Would have the same disadvantages as Sketch C and B in that special measures would have to be taken to insure that the long single access does not become permanent. In reviewing the development options for the subject property, it does become apparent that much of the applicants capability of developing the property lies not with the city in as much as it does with his ability to provide access to the subject property and the apparent negotiation that must be made with adjoining property owners provide said access. As previously mentioned, from overall. area planning standpoints, there should be a reasonable through connection from Powers Blvd. at Lake Lucy Road to the southwest portion of the Sunrise Beach property. In light of this and the points addressed in this report, I would recommend in decending order of preference: Sketch C, Sketch B and Sketch A. Recommendation I recommend that the Planning Commission encourage the applicant to pursue his development plans in line with Sketch C and/or Sketch B as submitted for this meeting. The Planning Commission should advise the applicant that before proceeding with said development plans, the applicant should present to the Planning Commission substantive documentation for Planning Commission review that would reflect the economic feasibility of construction of east/west access in and around the development in light of the obvious potential public improvement cost concerns of adjoining property owners. ate. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: May 7, 1981 TO: Planning Commission and Staff FROM: Bob Waibel, City Planner SUBJ: Sketch plan review, Quady Property APPLICANT: Carver Beach Properties PLANNING CASE: P-543 Petition Applicant is requesting to replat the properties indicated on page 4 of the accompanying booklet prepared by Land Plan Inc. dated February 3, 1981 into single family residential building sites. Background 1. Community Location: As shown in the sketch plan prepared by Land Plan Inc., the subject property is located in the northwest portion of the Carver Beach neighborhood and along the vacated section of West 67th Street, Maple Road, Narcissus Road, and Summit Drive. 2. Existing Zoning: The subject property and its environs are presently zoned R-1, Single Family Residential District with the exception of the property directly north of the subject property which is presently zoned R-lA, Agricultural Residence District. 3. Utilities: Presently there exists an 8" PVC sewer trunk and a 6" water truck between West 67th Street and Maple Road along the alignment of Summitt Drive. These two lines continue west along Maple Road to the intersection of Maple Road and Summit Drive and up to the rear property line of the existing homes abutting Powers Blvd. Planning Report Page 2 Quady Property 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the Chanhassen Comprehensive Plan Up -date draft , the subject property and its environs are to assume and maintain a low density residential identity. The adopted Carver Beach neighborhood plan states "permit continued development of detached single family homes for land north of Carver Beach Road as infilling to the present pattern of development. Lot and home site should be compatible with existing scale of units". b. Transportation: Pursuant to the Chanhassen Comprehensive plan update, the road adjoining the subject property are to function as local streets. According to the adopted Carver Beach neighborhood plan, Narcisus Road, Maple Road, and Summit Road are to function as minor collector, pedest- rian trail, and local street respectively. rnmmPnfic As mentioned in the cover letter on the sketch plan submitted by Land Plan Inc., previous reviews on the subject property had been carried out with specific reference to the alternative sketches found on pages 9-12 of the Land Plan Inc. submittal. At the last review of the subject proposal, it was the feeling of this office that no further resolution could be attained until there was an understanding as to how the potential cost of an east west street would affect surrounding property owners to the north and west. As mentioned in Mr. Hess's cover letter, it is the desire of the applicant to submit this plan in order to demonstrate how the surrounding property owners could be sheltered from the cost of needed public improvements. It is based upon the receipt of this new information that'the reconsider- ation is taking.place. For your review purposes are attached excerpt of the May 5, 1978 and April 15, 1980 Planning Reports on the subject property. The April 15,.:1980 report 13indirect reference to sketches A-D, on pages 9-12 of the Land Plan report. Further staff comments and recommendations on this item will be delivered under separate cover. CnmmPnts The following are excerpts from the May 5th, 1978 regarding a similar proposal on the subject property. 1. This particular plan had previously been delayed from Planning Commission until the City Engineer and myself reassessed the future of Narcissus Road. As mentioned above, Narcissus Road was planned as a minor collector, which, specifically called for a cross section of 80 to 120 feet with 4 12 foot wide driving lanes. This proposal was based on the expectation of extending a direct access for Lake Lucy Road traffic to the C.B.D. It was agreed by the Engineer and myself that: a. That Narcissus Road be classified and designed as a local street from a point East of Summit Road. b. That Narcissus Road should not, at this time, be continued West of Summit Road. C. That Summit 'Road be constructed connecting West 67th Street to Narcissus Road for circulation. d. That Maple Road become a pedestrian trail pursuant to the Carver Beach Plan. e. That a cul-de-sac be utilized for access to the properties West of Summit Road. The primary reason for points A, b and e of the above is that the Carver Beach Plan preceded the planning for M.S.A. 101. It is anticipated that M.S.A. 101 and Powers Blvd. (Co. Rd. 17) should be ample to accommodate the Lake Lucy Road to C.B.D. traffic. The plan to utilize Narcissus Road for this purpose would potentially bring about costly relocation along the route between the C.B.D. and the Eastern end of Narcissus Road. 2. The applicant's sketch plan denotes the Southern portion of Summit Road as pedestrian trailway. This should be revised to function as a local street. 3. The Planning Commission comments to the consistency plans for zoning utilities, Planner's Recommendation at this time should direct their of the sketch plan with the City's land use, and transportation. I recommend that the Planning Commission encourage the applicant to prepare preliminary development plans taking into account the comments and recommendatiors of the Planning Commission, Planner and City Engineer. i ft �. � )991 L / �, if $"6 Since the above report was written, certain overall transportation issues in the vicinity of the subject property arose which were 1) how to accommodate a northerly egress from Carver Beach as proposed in the Carver Beach Plan; 2) how to best provide for a secondary westerly egress from the northern Carver Beach area other than Carver Beach Road; and 3) how to best plan for overall transportation circulation in the area between Carver Beach Road and Pleasant View Road. As you may know, some of these issues were discussed during the northeast Chanhassen collector street study of last year which was disapproved as to the possibilities of construction of a collector design street between Lake Lucy Road and Townline Road in the north- easterly most corner of Chanhassen. Albeit that the collector study was disapproved, this office feels that there remains a need to con- sider the above three points on traffic circulation when reviewing any development proposals in this portion of Chanhassen. Due to this perceived need to investigate overall traffic circulation in the general area of the proposed development, there have been several meetings between staff, the developer, and surrounding residents of the subject property in order to draw up a development scheme for the property that would be most reasonable and functional and thus the four options (referenced attachments A-D) were developed and submitted by the applicant. Before entering into discussion on the individual schemes, it is necessary to point out that the applicants ownership only extends as far north as the southerly right of way line.for Narcissus Road (note some of the sketches show development on both sides of Narcissus Road), and that the portion of the proposed sketches shown as proposed collector street is a misnomer in that the collector street study was disapproved, however, this is not necessarily nullified as a possible street alignment. Additionally, it is the feeling of this office that in the process of choosing or selecting a preferred development plan from the four submitted, that proper measures be taken to allow for the provision of tangents that will permit the intersection at Powers Blvd. juxtaposing Lake Lucy Road and a flowing connection to the vicinity of the temporary cul-de-sac in.the southwest corner of Sunrise Beach. The following is a brief discussion of the four sketches and their various attributes and pitfalls: Sketch A: Advantages 1. Makes the juxtaposing intersection with Lake Lucy Road more efficiently attainable through the utilization of a somewhat straight street alignment between the Lake Lucy Road intersection and the southwest cul-de-sac at Sunrise Beach. 2. Has total dependency of individual access onto interior street systems of the development and will promote the same development scheme on the properties directly to the north of the so-called collector street. ' Sketch A, Cont_..iued Disadvantages 1. It is not all contained on the applicant's property holdings and thus would necessitate certain negotiation with the property owners to the north. 2. Will be somewhat of a departure from the development pattern of Carver Beach directly south of the subject property, however, such departure would be minimized by the significant expanses of open space between existing structures and the subject property. 3. May possibly bring adjoining property owners to the north into a special assessment situation through the necessary creation of the east/west connection between Lake Lucy Road and the easterly edge of the subject property. Skatr-h R - Advantages 1. Will reciprocate the development pattern extant in this portion of Carver Beach. 2. Would not necessitate any acquisition or property from adjoining property owners to the north. Disadvantages 1. Couldpotentially create a permanent inordinantly long cul-de-sac situation at the westerly terminous of Narcissus Road, however, as previously recommended, every effort should be made to secure proper tangents to make the most optimal intersection at Powers Blvd. (Such could be additionally ameliorated by the requirement to connect the south central cul de sac of the proposal development to West 67th Street. Such could be accomplished with a temporary access along the alignment of Summit Drive until the westerly connection to Powers Blvd. could be made). 2. Would possibly involve the properties adjacently north of the subject -property -in-a-special assessment situation for the improvement of Narcissus Road. 3. Would have individual accesses onto Narcissus Road which may be a minimal drawback when and if this road connects to Powers Blvd. and to Sunrise Beach. Sketch C: Advantages (Same as Sketch B).- Disadvantages (Same as Sketch B - Detectable differences are a slight realignment of Summit Drive resulting in the reduction of one lot in the area east of Summit Drive and reorientation of the two lots in the southwest corner of the intersection of Narcissus Road at Summit Drive). Sketch D: Advantaqes 1. Would have individual accesses utilizing interior streets of the development. (It seems highly unlikely that this advantage will be realized from the standpoint that such a configuration preclude double frontages on the northern tier of lots which would not be the most cost effective or practical way in which the general area should develop). Disadvantages 1. Would have the same disadvanatages as Sketch A in that it would imply acquisition of additional land to the north. 2. Would have the same disadvantages as Sketch C and B in that special measures would have to be taken to insure that the long single access does not become permanent. In reviewing the development options for the subject property, it does become apparent that much of the applicants capability of developing the property lies not with the city in as much as it does with his ability to provide access to the subject property and the apparent negotiation that must be made with adjoining property owners provide said access. As previously mentioned, frcm overall area planning standpoints, there should be a reasonable through connection from Powers Blvd. at Lake Lucy Road to the southwest portion of the Sunrise Beach property. In light of this and the points addressed in this report, I would recommend in decending order of preference: Sketch C, Sketch B and Sketch A. Recommendation I recommend that the Planning Commission encourage the applicant to pursue his development plans in line with Sketch C and/or Sketch B as submitted for this meeting. The Planning Commission should advise the applicant that before proceeding with said development plans, the applicant should present to the Planning Commission substantive documentation for Planning Commission review that would reflect the economic feasibility of construction of east/west access in and around the development in light of the obvious potential public improvement cost concerns of adjoining property owners. : X� �� 4, c I �- , ZY CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: May 13, 1981 TO: Planning Commission and Staff FROM: Bob Waibel, City Planner SUBJ: Sketch Plan Review, Quady Property APPLICANT: Carver Beach Property, Inc. PLANNING CASE: P-543 As can be seen from the informaticuri submitted on this item, there has been extensive consideration given to the future transportation circulation for this property and its surrounding properties. Additionally, as mentioned in previous Planning Reports, this office sees that there is a significant constraint in the cost effective placement of an east/west road through the subject property due to the relative narrow nature of the porperty and the fact that without construction of connections to Lake Lucy road and Nez Purce at the outset of development, the proposal should be deemed premature. The applicant has indicated that it is his desire to promul4atze the development scheme shown as sketch 2 on page 18 of the Land Plan booklet. Although this sketch does incorporate much of the transportation concepts recommended by staff, it does have apparent problems for placement of reasonably sized lots in the northWe-st'--and in the extreme northeast part of the property. It appears unavoidable, that for the time being, in order to make the tangents for the Lake Lucy Road and future easterly connections, a portion of the property will only attain single sided benefit.from the proposed east/west road. More specifically the ability to utilize northerly lots 1-5 and 11 and 12 is questionable. With regard to lots 11 and 12, the Planning Commission should at this time state their preference as to intersection alignments of the proposed east/west road with Nez- Perce. Planning Report, Quady Property May 13, 1981 This office feels that due consideration should be made to the option that will provide for more flowing future street connection possibilities to the east. Although the future traffic utilizing this road, if such connection is ever made, should not be significant, it is the feeling of this office that a more flowing traffic system would help to relieve future pressures on the western reaches of Pleasant View Road. As previously stated, the Carver Beach Plan suggests that the development of this area should be compatible with the existing pattern of development west of Nez Perze. This pattern is best described on the aerial photo and the adjacent property owners information on pages 3 and 5 of the Land Plan booklet. Although this pattern largely consists of lots having 80-100' of frontage and 200' in depth averaging 18,000 - 20,000 square feet in area, I feel that the applicant could possibly design a plan that would satisfy the spirit and intent of the Carver Beach Plan through applying the criteria of Section 8.06 Sub- section A (1) of Subdivision Ordinance 33 to the afore mentioned sketch #2. Section 8.06, subsection 8 (1) of Subdivision Ord. states "in areas served by public water and sanitary sewer systems the maximun number of lots to be permitted in a plat shall be computed by subtracting from the total gross area of the plat the total dedicated street right of way and dividing the area remaining after said subtraction by 15,000 to determine the maximun number of lots permitted in said plat. In no event shall a lot contain less than 11,700 square feet nor have a frontage of less than 90 feet at the building setback line. No lot shall be larger than:'twice the average size of lots in said plat." Although, it is obvious from the above comments that the number of lots in sketch #2 will be reduced significantly, I recommend that the Planning Commission encourage the applicant to prepare more detailed plans based on sketches #2, B, or C (pages 18, 10 and 11 of the Land Plan, Inc Booklet) that are compliant with the criteria of subdivision ordinance 33. The Planning Commission should additionally advise the applicant that for the time being, all the cost associated with public improvements for the subject development are to be borne by said development. EXHIBIT "A" LEGAL DESCRIPTION That part of Lots 77, 78, 79 and the west 5 feet'of Lct 80, 'CARVER -BEACH which lies northerly of the following described line: Commencing at the southeast corner of the west 5 fee#C: of Lot 102, CARVER -BEACH; thence on an assumed bearing of North. 1`degree 24 minutes 09 seconds East along the east line of the west.5 feet of. Lot 102 and the east line...of, the west .5-feet of -said Lot 80, .a distance of 162.99 feet io..'the actual-point.'of :beginning of the line to be described;''thence North 49 degrees. 28 minutes 51 seconds West to the southerly right of way line of Narcissus Road as dedicated in the plat of CARVER -BEACH and there terminating; and That part of the southerly half of vacated Narcissus Road as dedicated in the plat of CARVER -BEACH which lies westerly of:'the northerly extension of the easterly line of the west 5.feet of Lot 80, CARVER -BEACH and which lies easterly.of the following described line: Commencing at the southeast corner of the west 5 feet of Lot 102, CARVER -BEACH; thence or. an assumed bearing of North 1 degree 24 minutes 09 seconds Last along' the ' east line of the west 5 feet of said Lot 102 and the east line of'the west 5 feet of said Lot 80 a distance of 162.99 feet to the actual point of beginning of the line to be described thence North 49 degrees 23 minutes 51 seconds West to.the north Nine of the south half of said Narcissus Road and there terminating. f" ';t1; a �( ']E1�! {y`= N , 4 4' -�.... • OL EXHIBIT "B" HOBBS-CARVER BEACH ESTATES DEVELOPMENT CONTRACT CARVER BEACH PROPERTIES -M. THIS AGREEMENT, Made and entered into this ib 'day of M q2e a ' , 1984, by and between CARVER BEACH PROPERTIES, a partnership consisting of Nancy K. Raddohl and Adrian T. Johnson (hereinafter referred to as the "Developer"), and Walter B. Hobbs and Cheryl A. Hobbs (hereinafter referred to as "Hobbs"); SECTION 1. RECITALS. 1.01. Carver Beach Estates. The Developer is, or at the time of the filing of the final plat with the Registrar of Titles/County Recorder of Carver County, Minnesota, shall be the fee owner of certain tracts of iand more particularly described on the prelimi- nary plat of Carver Beach Estates on file with the City of Chan- hassen which lands are intended by the Developer to become a part of the Plat. of Carver Beach Estates (hereinafter referred to as the "plat") which Developer proposes to develop. 1.02. Hobbs Properties. Hobbs are the owners in fee of Lots TT, 65, 66, 67, 68, 69, 70, And the North Half of Lot 71, Lots 74, 5, 79, 7 , 78, 79, And the West S reef o Lot 80; Also the North 50 feet of Lots 96, 97, 98, 99, 100, 101, And the -North 50 feet of the West 5 feet of Lot 10 , Carver Beach at Long Lace, Plat of Carver Beach on Long Lake, Carver County, Minnesota. Developer has offered to acquire from Hobbs for purposes of incorporation within said plat the following described portions of the Hobbs properties: (Legal description attached hereto as Exhibit "A") 1.03. Consideration. In consideration for the conveyance to Developer by Hobbs of the tracts described in Section 1.02 hereof, Developer proposes to construct certain improvements to the remaining Hobbs properties all as more fully set forth herein. 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 - 1 - �J ,.Fii.:�...;' :.C' "# r. firs ��:tii i� y`t k, w.. J �'., f,' :.. r.•:.tti� ,;gam 4f w L required in connection with finish grading on the Hobbs properties in order to achieve a uniform grade transition between the easterly, northeasterly and northerly Hobbs. property lines and the westerly, southwesterly and southerly property lines of the plat of Carver Beach Properties. Said finish grading shall be as directed by Hobbs during grading operations. Except for such changes as may be directed and required by Hobbs,to achieve a uniform grade transition, all grading shall be in conformity with Developer's final grading plans as approved by the City of Chanhassen. In connection with finishing grading on the Hobbs Property, the following additional requirements shall be performed by Developers at Developers.' expense: 1. -Three inches of clean black dirt of a quality approved by Hobbs shall be placed on all graded and fill areas. 2. A length of 8-inch PVC, approximately 30 feet long, shall be placed under the easterly berm for yard drainage; placement of said pipe and the length thereof shall be as directed by Hobbs. 2.02. Final Inspection. Upon completion of all the work required by Hobbs, a representative of the contractor, a representative of the Developer and a representative of Hobbs will make a final inspection of the work. Before final payment is made to the con- tractor by the Developer, Hobbs stall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications. 2.03. Hobbs Disclaimer. It is agreed anything to the contrary herein notwithstanding, that Hobbs 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 Hobbs harmless from all 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 categories of said costs, cost and expenses for Hobbs 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 Hobbs. 2.04. 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 W. injury, including death, and claims for p may arise out of Developer's work or the workrof damage which tors or by one directly or indirectlyits subcontrac- Limits for bodily injury or death shall employed by any of them. $500,000 for one person and $1,000,000 be not limits for property dafor each occurrence; mage shall be not less than $200,000 for each occurrence. Hobbs shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with Hobbs. 2.05. Staking. prior to the commencement of work, the Develo e s lha cause the proposed North and Northeasterly Hobbs' Pro p r lines to be staked. In addition, the Developer shall cause thetY Hobbs Easterly property lines to be staked. All taking shall be so performed as to remain visible during8aals on the site. construction 2.06. Reimbursement of Costs. The Developer shalln�-- Hobbs s c costs, Inclu ing reasonable reimbur °td expenses incurred by Hobbs in connection with all matters relating to a*0d enforcement of the within agreement and -tte performance thereby by the Developer. Such reimbursement shall xr be made within fourteen (19) days of &ethe date of mailing of Hobbs; notice of costs. 2.07. Com liance with Laws Ordinances and In the construction of the rimprovements, Developerlsna� Permits. with all laws, ordinances and regulations of, and secure comply 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. 2.08. Notices. All notices, certificates and other communication hereunde— all be sufficiently given and shall be deemed when mailed b s by'certified mail, return receipt requested given Prepaid, with property address as indicated below. Hobbs and Postage Developer, by written notice given by one to the other, may designate any address or addresses to which notices certificates or other communications to them shall be sent when requiredy contemplated b � rtificates y this agreement. Unless otherwise provdedbyas the respective parties, all notices tions to each of them shall certificates and communica- be addressed as follows; - 3 - To Hobbs: To the Developer: Walter B. Hobbs 6671 Powers Boulevard Chanhassen, MN 55317 Carver Beach Properties Attn:*Adrian Johnson, Partner 332 Second Street Excelsior, MN 55331 2.09. Binding Effect. This agreement shall inure to the benefit of and shall be binding upon Hobbs and the Developer and their respective heirs, administrators, 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. 2.10. Severabilit . In the event any provision of this agreement .shall U-e--h—ela 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. 2.11. Execution of Counterparts This agreement may be simul- taneous y bxecuted in severai counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. GC CHERYL A. HOBBS CARVER BEACH PROPERTIES, A Partnership By And ''�i ,/ �. s .:,'• '--'�-- - 4 - b1'ATE OF MINNESOTA ) s s . COUNTY OF HENNEPIN ) The fo?_17q,going instrument was acknowledged before me this -? C/ day of , 1984, by Walt , Hobbs and Cher 1 A. Hobbs, husband an wi e Grantors . — --- — 6Z Notary Public i '� RJSSEIL F;. STATE OF MINNESOTA ) N'1TAF:Y PUSLIC - F:lINI'llEXTA s s . C=MtR MUMCOUNTY OF HENNEPIN ) LAAw.6,19c9 The fo egoing instrument was acknowledged before me this day of 1984, by Adrian T. Johnson, Grantee. ANrMJJI+I ! PAMELA J. COLEMAN NOI ARV PUBLIC - L41NNESOTA HENNEPIN COUNTY a Notar y My Co+++mlas�on Expires Sep4 E, 1990 y Public j � r ••• •• • • ^.•,C1+P.td`M��IJMMfI'h•YHPJFId STATE OF MINNESOTA ) l/ ) ss. COUNTY OF HENNEPIN ) The fore oing instrument was acknowledged before me this l-'^ day of , 1984, by Nanc-. K. Raddohl, Grantee. -A:: N V1IIJdf�II1�IMNYINI ' --;�, PAMELA J. COLEMAN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Notary Public My Commission Expira= Sept S. 1900 L - 5 - ADDENDUM TO February 27, 1984 PURCHASE AGREEMENT Walter A. Hobbs & Cheryl Ii_obbs (Sellers) a ►id Adrian Johnson & Nancy Raddohl (Ruvers) 1. Upon payment of $12,000 as provided for in said purchase agreement, Sellers will execute the final plat of Carver Roach Estates. 2. In consideration of the performance by Buyers of said purchase agreement and the development contract forming a part thereof, Sellers shall grant to Buyers a temporary construction easement 10 feet in width over and across those portions of Lots 77, 78, 79, 80 and 101, and the vacated portion of Narcissus Road, Plat of Carver Beach, which abut the westerly and southwesterly boundary line of the proposed plat of Carver Beach Estates. Said temporary easement shall expire November 1, 1984, and Buyers shall restore all disturbed areas within said easement as directed by Sellers. 3. The closing date of said purchase agreement is hereby extended'to April 25, 1984. Dated this day of--%%%��t�, 1984. Walter B. Hobbs Adrian on Cheryl Afobbs — Drafted by: Russell Larson 1900 First National Bank Bldg. Minneapolis, MN 55402 Nancy .Raddohi a ' n n g0 o \s ° s x a it M it o J C a m A M n Zf C rn m � SUBDIVISION PLAN CASE NO_ SUB_ City of.Chanhassen 4 Carver and Hennepin Counties` MinnesotA APPLICATION FOR CONSIDERATION OF PLANNING. REQUEST Date of Application Escrow Paid Date Received bApply ` Name: 'a A ,4Q Q PEOELOP&AT el/Y e-Name."��t']� Address: Address Last First Initial KA Address of property in question. gib/ y 7C�b to _ G 30�- �y6�- Legal description of property in question: Present zoning of property_ --}- Present use of .propsrt�r:�)4aa,1 ��I1xz�C Proposed use of property K The following documents if appropriate shall be attac'a2d to this application; Nate Received Initia] l.. Sketch Plan 2. Preliminary Plat 3. Escrow Account -- 51- Date: Received Initial 4. Abstractor's Certificate _ 5. Final Platt----=--r-- -�"�' I hereby declare that all statements made ilx this application axsd, on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division_ a of a isplicantt i.g�auro�fo ner Dat Received by Title (Following to be completed by Zoning Administrator, -or City Offi.cia1) A I -DATE Sketch Plan on Planning Commission A, Planning -Comm,; ssion• Postponed to Preliminary Plat on - Planning Commission Agenda Planning Commission Postponed to Newspaper Publication . Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Planning Commission Postponed to p:_annina Commission Action Final Plat on Council Agenda Council Postponed to Council Action Final Contract Executed Escrow Returned - Amount: --52-- " PLANNING COMMISSION RECOMMENDATION (Preliminary Plat) On this day of_ _—_ 19 this preliminary' plat was recommended for (approval) , (disapproval) subject. to the following conditions: t t Chax.—rman of Planning Comm $Sion Action by City Preliminary Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (di_sapprov this Preliminary Plat subject to the following conditions: By order of the Chanhassen City Council Attest: City Administrator - _ --53- . b PLANNING COMMISSION RECO21,24ENDATION - Final Plat On this. day of --- 19 this: Final, Plat was recommended for (approval) , (disapproval) subject to the following conditions: Chairman.of Planning Action by Say City e Final Plat _ On this day of — 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved) , {disapproti this Final Plat subject to the following conditions:. Hy order of .the Chanhassen City Council - Mayor Attest: ` City Administrator -. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR THE REPLAT FOR 12 DOUBLE TOWNHOME UNITS, ROMARCO DEVELOPMENT INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of Chanhassen, Minnesota will meet on Wednesday the loth day of June, 1981 at 8:30 p.m. at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider the replat for 12 double townhouse units in the following described tract of land: Lots 15, 16, 17, 27, 28, and 29, Minnewashta Creek 2nd Addition A plan showing said proposed replat 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, May 27, 1981) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth being first duly sworn, on oath deposes and says that he is and was on May 22 , 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 replat for 12 double townhouse units - Romarco Development Inc. 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. Z'i G/,gt Subscribed and sworn to before me this _ day of 1. 19 Notary Public CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR THE REPLAT FOR 12 DOUBLE TOWNHOME UNITS, ROMARCO DEVELOPMENT INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of Chanhassen, Minnesota will meet on Wednesday the loth day of June, 1981 at 8:30 p.m. at -.the City Hall, 690 Coulter Drive, for the purpose of- holding a public hearing to consider the replat for 12 double townhouse units in the following described tract of land: Lots 15, 16, 17, 27, 28, and 29, Minnewashta Creek 2nd Addition A plan showing said proposed replat 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, May 27, 1981) Romarco Development 329,5 Hillsboro South ,Minneapolis, MN 55426 David Harrison 4010 Leslee Curve Excelsior, MN 55331 Alan Reuteler 3930 Linden Circle Excelsior, MN 55331 Mark Ortner 3920 Linden Circle Excelsior, MN 55331 Ralph Riddle 4000 Leslee Curve Excelsior, MN 55331 Arlen Ryberg 3920 Leslee Curve Excelsior, MN 55331 Ed Hosek Leonard Hein 6960 Madison Avenue 3930 Leslee Curve Golden Valley, MN 55427: Excelsior, MN 55331 I' John Luce 6571 Kirkwood Circle Chanhassen, MN 55317 Lester C. Anderson & Lee Anderson Route 1 Excelsior, MN 55331 i Kenneth Durr 6451 Minnewashta Parkway Chanhassen, MN 55317 Craig Miller 6075 Cathcart Drive Excelsior, MN 55331 Edward Lucas 3941 Leslee Curve Excelsior, MN 55331 J.D. Bennyhoff 3931 Leslie Curve Excelsior, MN 55331 George Stevens 3921 Leslee Curve Excelsior, MN 55331 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: June 19, 1981 TO: Planning Commission and Staff FROM: Bob Waibel, City Planner SUBJ: Continutation of sketch plan review, Quady Property APPLICANT: Carver Beach Properties, Inc. PLANNING CASE: P-543 The applicant has submitted the attached "concept plan G" as a result of the discussions at the last Planning Commission Meeting on the subject item. Additionally, the applicant had prepared concept plans A-G which will be available for your review at the Planning Commission meeting. In meetings with the applicant, it was agreed that, for the time being, concept plan G is a significantly preferable plan from the standpoint of proposed lot layouts and traffic circulation. Concept plans A-E show numerous 90 degree turns within the development which would be unacceptable from a planning standpoint. For the most part, concept plan G does incorporate all the comments and suggestions presented by the Planning Commission at their May 13, 1981 sketch plan review. The following is a list of considerations that this office feels important to be addressed in the preparation of the preliminary plat. Due to 1. Slope constraints, thorough analysis will need to be made for the designing of the intersection with Nez Perce. If grades permit, the most appropriate design for Nez Perce appears to be a 90 degree intersection. 2.TheCarver Beach Plan indicates that Maple Road is to function as a pedestrian trail. (Maple Road extends west from Nez Perce along the southern property lines of proposed Lots 13-20) In light of the east/west street as proposed in concept plan G, I believe that a pedestrian facility, such as that planned for Maple Road, would be best suited Planning Report Quady Property Page 2 if placed along the newly proposed street connecting with Lake Lucy Road.Ifthis concept would be approved by the Planning Commission and City Council, vacation of Maple Street could occur with the existing right -of way being conveyed back to property owners adjoining both sides of Maple Road. 3. The applicants plan indicates that Summit Drive right of way be vacated. (Summit Drive extends north from the westerly terminus of West 67th Street.) Until preliminary plat information is available regarding subsurface soil conditions, it is staffs position that neither the vacation of Summit Drive nor the vacation of the westerly extension of West 67th Street be con- sidered at this time. This present position implies that the number of lots within the proposed development will need to be reduced slightly to still accommodate the afore mentioned right-of-ways. 4. Concept plan G indicates the dedication of a 40foot right-of-way for the proposed east/west street through the development. The subdivision ordinance standard is for a minimum 50 foot street right-of-way dedication which may additionally reduce the density slightly of the proposed development. 5. The subject property is unusual in that it has a well defined tree line on its northern border which will form the rear yards of lots 1-12. This situation is of no planning consequence and due to the site limitations, there does not appears to be any practical alternative to this situation. 6. Due to the alteration of storm water runoff from the urbanization of this land, the applicant should be advised that both off site and on site drainage improvements may be necessary as part of this development. 7. Due to slope constraints as the east/west street inter- sects with Lake Lucy Road, it appears that there will be no traffic circulation from the property north of of the subject property to Lake Lucy Road. As part of the preliminary plat considerations, a possible exten- sion of Summit Drive north of the subject property in the vicinity of Lots 5 & 6, may be contemplated. 8. The present proposal does permit protential access from the existing residence south of outlot A via the east/ west street as opposed to its existing access. Such may be considered at the Public Hearing. Planning Report Quady Property Page 3 9. Care should be taken in the placement of a residence on proposed Lot 1 that would minimize the inconvience of on coming traffic headlight glare. 10. The buildability of Lots 25 and 26 due to symptoms of poor soil will additionally need to be considered at the preliminary plat stage. Further comments by the City Engineer will be made available in a report to be delivered under separate cover. Recommendation I recommend that the Planning Commission encourage the applicant to work closely with staff in preparation of preliminary plat information upon which a public hearing will be held. '#'CZ s --&� Tonka West Properties, REALTORs° 1055 E. Wayzata Boulevard, Wayzata, MN 55391 (612) 475-2426 Hazeltine Gates Office Bldg., Chaska, MN 55318 (612) 448-4355 1404 West Lake Street, Minneapolis, MN 55408 (612) 827-4061 September 9, 1980 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob, As per our conversation on September 9;1I am sending you my 1979-80 tax statements on Lots 200-204. I would like to determine the following: 1. Is it a buildable lot. 2. What does it take to become a buildable lot? 3. Are there some special assessment charges that can be eliminated and credited back to me. Thanks. again for your help. 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BOX 1470CHANHASSEN, MINNESOTA 65317 (612) 474-8885 MEMORANDUM TO: Planning Commission, Staff and Jim Anderson, Tonka West Properties, First National Bank Building, Wayzata FROM: Assistant City Planner, Bob Waibel DATE: May 4, 1978 SUBJ: Replat Request for Quady Property, Carver Beach, Sketch Plan Review APPLICANT: Jime Anderson PLANNING CASE: P-543 The following enclosures are included for your review in consideration of the subject request. Enclosures 1. Community Location Graphic. 2. Planner's Report dated May 4, 1978. 3. Applicant's Sketch Plan. 14 �� oar-. aim 0 Lotus Lake OPL PL - >� OF y OF PK OF Lake Susan i Rice Marsh Lake OF OF OF 3. =3 9/ W per plat r-r 0 7 oCLUB COURT '6V 666 (Highland Drive) ol'� ! ; � 40 J TV! CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 4, 1978 TO: Planning Commission, Staff and Jim Anderson, Tonka West Properties, Wayzata, MN FROM: Assistant City Planner, Bob Waibel SUBJ: Replat Request for Quady Property, Carver Beach, Sketch Plan Review APPLICANT: Jim Anderson PLANNING CASE: P-543 Petition Mr. Anderson is requesting to replat the East 15 feet of Lot 80, 81 to 95, 103 to 194, 226 to 233, 254 to 270, 238 to 240, 299 to 308 and 200 to 204 of the Carver Beach Plat into 15 single family residential building sites. Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northwest portion of the Carver Beach neighborhood and along the vacated sections of West 67th Street, Maple Road, Narcissus Road and Summit Drive. 2. Existing Zoning: The subject property and its environs are presently zoned R-1, Single Family Residence District. 3. Utilities: Presently there exists an 8" PVC sewer trunk and a 6" water trunk between West 67th Street and Maple Road along --the align- ment of Summit Drive. These two lines continue. west along Maple Road at the intersection of Maple Road and Summit Drive up to the rear property lines of the existing homes abutting Powers Blvd. Comprehensive Plan Proposal 1. Land Use: Pursuant to the adopted City Plan, the subject property and its environs are to assume and maintain a low density single family residential identity. The adopted Carver Beach Neighborhood Plan states -Planning Commissior. -2- May 5r 1978 "Permit continued development of detached single family homes for land north of Carver Beach Road as 'infilling' to the present pattern of development. Lot and home sizes should be compatible with existing scale of units". 2. Transportation: Pursuant to the adopted Carver Beach Neighborhood Plan, Narcissus Road, Maple Road and Summit Road are to function as minor collector, pedestrian trail, and local street respectively. Planner's Comments 1. This particular plan had previously been delayed from Planning Commission until the City Engineer and myself reassessed the future of Narcissus Road. As mentioned above, Narcissus Road was planned as a minor collector, which, specifically called for a cross section of 80 to 120 feet with 4 12 foot wide driving lanes. This proposal was based on the expectation of extending a direct access for Lake Lucy Road traffic to the C.B.D. It was agreed by the Engineer and myself that: a. That Narcissus Road be classified and designed as a local street from a point East of Summit Road. b. That Narcissus Road should not, at this time, be continued West of Summit Road. C. That Summit Road be constructed connecting West 67th Street to Narcissus Road for circulation. d. That Maple Road become a pedestrian trail pursuant to the Carver Beach Plan. e. That a cul-de-sac be utilized for access to the properties West of Summit Road. The primary reason for points A, b and e of the above is that the Carver Beach Plan preceded the planning for M.S.A. 101. It is anticipated that M.S.A. 101 and Powers Blvd. (Co. Rd. 17) should be ample to accommodate the Lake Lucy Road to C.B.D. traffic. The plan to utilize Narcissus Road for this purpose would potentially bring about costly relocation along the route between the C.B.D. and the Eastern end of Narcissus Road. 2. The applicant's sketch plan denotes the Southern portion of Summit Road as pedestrian trailway. This should be revised to function as a local street. 3. The Planning Commission at this time should direct their comments to the consistency of the sketch plan with the City's plans for zoning utilities, land use, and transportation. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to prepare preliminary development plans taking into account the comments and recommendatiors of the Planning Commission, Planner and City Engineer. Zase Title: Plannirg Case: /'-Sys Iasu3 Use Coorainator's Cents:��tsa,. My- ..'--� Copy Applicant .� Estimate a) Planning AL -,An- ISO , � 2 8d c) Mtgi n er ng----�- B) z -g initial. other Ini.c�t Estimate Bre le-cwn and carrc n s Tf Z'i*e above'are es. ? ,;az� as determined by the offices indicatea_ Work performed is tanulate3 arrl is available at the city Tre_pzu. x's office_ Any balances ranaixdrg after ccrtpletian of the process, with the excepti7on of the stanard fee, will be witted_ Ch?s ,es e� 3iri t�� aco ,=%-- balance «11 be bills directly to the applicant P1,AA ,.TD'Z AI�s`iZSTFZ=-LO"Vi FEE SCHEMZZ : a) Rezoning_ $100 e) Planned Develq,�=_Mts= $150 plus $5 for b) Site Plan Pavi,E_-W: $75 first 10 units --- $1.50 for each c) Conditional Use Permit: $100 additional un��t_ Conc-mini= and d) Suoc-tivision: $10 pax acre plus $5 per ants collectible at site pli lot - $100 rxia revies�_ f) Vacation of Streets: $100 g) v'ari zamce Peg, t _ $50 ?--,-A V m 'S'br7 .Scw � W7/c+�rrrvii� Ea5['rrrcv�,l i _ i_ _ 1g— _� ! i___ase,o $ ,l,._, �/W ,per L STY HWY DEPT{ ip - NO (7CARVER COUNTY R/W pa!'plat uc� BK 9 MISC.� R 70RR-710 n 1 p s' -----------'� Qr77—rZZ-1-1 - -Tl r'Z7Ts2"710 7-r-T-- r'l 1 T T7-r 1-r-"1 r-r TYr7Z T-rTi f 7�i"1 33 @_Q-7730 7_I_1— —�1 it 0 \ _9 74 o \� ONMI - - -- - E--- D c _ R7 _ m zs3 —�-Z 3Z �� i06 . _ D V. 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