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78-19 - Carver Beach Replat SUB pt 3�S-r9 15-61 t August 3, 1981 CITY OF CHANHASSEN Mr. Bob Weibel City Planner AUG 7 1981 Chanhassen, MN 55317 RE: Carver Beach Replat COMMUNITY DEVELOPMENT DEPT. Quady Property Preliminary Plat Modifications Dear Bob, 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. ((v*t4j(,-Wi) 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'. �Cjra�4iG *1) Building set back varriance previously requested for Lot 1 Block 1 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 of 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. (60%F11c, 4 2) With reguard to the buildability of Lots 11 & 12,Block 2., we have concluded ..With upon 10 soil borings that 2 hbus6 pads can be accomplished in the locations shown by routine soil replacement and compaction methods. (Seeattached graphic + property report for. locations and recomendations). With respect for properly'' -controlling t'he rate and condition of storm water flows leaving the subdivision, please review the on site ponding design re- quirements for Lots li & 12 which are attached. See also.a graphic attachment for -a preliminary ponding and house pad layout. A7j lhl 'VVa� • � -��. Respectfully submitted,, Landplan, Inc. , �Cll�17 Donald L. Hess, Jr., President Landscape Arch. -Planning v r K -311"MUE321-NUUM RIO I ml;;J WO 401 Townes Road Waylilld, MN 55391 473 5711 a t-, -% CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Larry Brown, Staff Engineer Date Sub„if ted to Go M!Zsio:t DATE: September 21, 1988 We suhfaat1d to cou.c;► SUBJ: Carver Beach Estates, Acceptance of Utilities File No. 84-9 (private) Attached is a letter from the City's consultant on the subject project certifying that the utility portion of the project has been completed in general conformance with the plans and specifi- cations as is therefore ready for the City's acceptance. Staff has reviewed this project and finds that the utilities are acceptable. it is therefore recommended that the City accept the utilities for Carver Beach Estates, Project No. 84-9. This acceptance is conditioned upon receipt of the contractor's one-year maintenance bond, effective from the date of this acceptance. Attachment: Letter from Boeck Engineering dated September 1, 1988. September 1, 1988 Mr. Gary Warren, P.E. Chanhassen City Engineer 690 Coulter Drive Chanhassen, MN 55317 RE: Carver Beach Estates, Improvements City Project No. 84-9 Dear Gary, All of the storm and sanitary sewer, water main, concrete curb and gutter and street base and surfacing, except for the bituminous wearing course, have been completed in accordance with the plans and specifications. The utilities were completed as of December 1, 1987. Subsequently all of the minor punch list items corrections have been completed. The final bituminous wearing course installation will be installed later this month, in accordance with your directions. The sub -grade aggregate and bituminous base have all proven to be excellent and warrant the construction of the final bituminous wearing course. We hereby request that the City accept the utility construction as of December 1, 1987, and the street construction, except for the wearing course, as of May 15, 1988. The street signs and street lighting has also been completed as required. Tree planting will be completed as each house is constructed and the landscaping work is underway. Please let me know if you require additional information. Very truly yours, Boeck-Kevitt Partnership Je trey R. !F� Managing Partner JRB/cb 11A-CBEGW CITY OF CHAKHASSEN 6 , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council r FROM: Bob Waibel, City Planner DATE: November 9, 1982 SUBJ: Carver Beach Estates Development Contract PLANNING CASE: 78-19 Subdivision Anion by City hdminMrjW Endorsed Modified_. — _— Rejected - — Date.. — Date Submitted to Commission Date Submitted to Council /{ -1 -9 -1- 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. a `iARR'AGE HOUS,, 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, f�� a•��//,may G41Z. & Adri Johnson/Nancy Raddohl CARER BEACH PROPERTIES AJ:ds Attachment: Developers Contract OCT z 51982 CITY OF CHANHASSE:N CITY OF CHANHASSEN OCT2592 COMMUNITY DEVELOPMENT DEFT. 332 2nd. Street, Excelsior, MN. 55331 (612)474-0894 PRELIMINARY DEVELOPER AGREEMENT LANGUAGE 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. Owens property known as Lot 7, Vineland, on the condition that Mr. Owens 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 UU'1' 2 COMMUNITY DEVELOPMENT DEPT, NONA`-, ? ii irk •, ; •: •, 401 Townes Road Wayzata, MN 55391 473-5711 CITY OF CHAXHASSEX 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: William Monk, City Engineer DATE: November 10, 1982 SUBJ: Carver Beach Estates During preparation of the development contract and plat for this subdivision, two issues eluded agreement and require Council clarification prior to final drafts of either document being completed. The issues are as follows: 1. Since the platting of this property is contingent upon the vacation of an existing street right-of-way (unimproved) along the north line of the plat, the City is required to provide for an alternate means of access to the parcel to the north. This would normally be achieved by dedicating a right-of-way stub on the plat so that no additional documents are required and the future extention is in no way encum- bered. The developer's request of deeding the right-of-way to the City as an outlot is not unheard of, but to condition a 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. CITY OF CHANHASSEN OCT28M COMMUNITY DEVELOPMENT DEPT n s 3.47 .2 GIG Z* " n C i I' -1 V Z6.137.7"� a-v r OC D •!� '\ �' I- -� r (p".9. I I I N.10124'09"E.' ol5 .a. �O �� 7Ko� QI vz ' GAtMt, MAGI t-7-�KMS Wayi,nn. MN !,6377 413 5/11 Or way grver ,nfy No. (7 I;ne of Lor 7, N-87050'55"W 1123.45 Z54.63— . 90.00 50.00 110.01 27.44 T_ 2 1 lin 1 10 1 J, L 1 4 ;6 L 3.11ui to 10 -,6'iy of y H /> A, A I;ne orr;3hi Narci5sU5w2R - - - - - - _T BOULEVARD*17 :L 50.00, 43 ROAD NO. 17) 119.79 11 0 I oOi7' L .34 1 10725 L 4- '107.20 112.38 r__ -4 -7 'a - ali Imo...., .- ohc.• 3a 14 Si ro c, Z c U4 I L F- 5.00-4 7 s..fh line or Lot lot: _j 4 E. corner or Me 4,- corner of S.E. Sri. or Lots 96.4 73.. : F of, 73, )OZ, CARVE A- BEACH,t,r:-_- - )35.00 -N.8Z'17'01,; lo. VZR-5-CA04 'N-8Z'l7'o1,-W.,• ......... w. 'jj. bb - - - - - - 3i r .,T.,Fed 'Maplik RoaJ FI? p I I N. L.i '--South line of 'Wpie Road -N.W. corner of N.e. car or a L.f'2324" Z iZEa�f ve or Lot 292jw !,N.8893. 00' Z0"W. �. .-: Z N 0 7:.. .1-3- -7-T 7r z 0 3,, k 4.6 mg-J I lmmwmw WNW"*MM late-, 1 -N'IV r,ght of way line OP Western Drive "I rhl 9/20/82 CITY OF CHANHASSEN CARVER BEACH ESTATES DEVELOPMENT CONTRACT PARTIAL RE -PLAT OF CARVER BEACH CARVER BEACH PROPERTIES 16THIS AGREEMENT, Made and entered into this _�-12- day of ,i' L' , 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. '1 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 5, 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. Stakinq, Surve%7ing and Insoection. 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 tl4e 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. 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 seaimentation 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. MV 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 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. CM 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. 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 ti-me 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 5429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Deferred Special Assessments. -7- rhl 9/20/82 SECTION 4. SPECIAL CONDITIONS. 4.01. Lot Size. All lots single family residential sites square feet. within the plat created for shall contain not less than 15,000 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-6f-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. 4.0-5. 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 shalibe 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 rhl 9/20/82 Developer shall pay all claim's for work done and materials and supplies furnished for.the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to fur- nish to the City either a cash deposit, or an irrevocable letter of credit approved by the City Attorney in an amount equal to 1100 of the costs of the improvements described in Section 2.01 hereof, as estimated by the City Engineer. Upon completion of said improve- ments, the amount of said cash deposit or letter of credit may be reduced from time to time to such lessor amount as the City Council deems necessary to insure performance of the Developer's guarantee set forth in ?[2.15 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 shd11 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 lee 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 9/2b/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 And j 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- 79-/9 August 3, 1981 Mr. Bob Weibel City Planner Chanhassen, MN 55 317 RE: Carver Beach Replat Quady Property. Preliminary Plat Modifications Dear Bob, CITY OF CHANHASSEN AUG 7 1981 COMMUNITY DEVELOPMENT DEPT. 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 con6iderations for a "TEE" intersection with our proposed internal roadway as requested by Bill Monk, staff engineer. See exhibit attached. (UnrifiL # i) 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'. C4r Vilic, Building set back varriance previously requested for Lot 1 Block 1 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 of 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. (Ctraphi[, # Z) With reguard to the buildability of Lots 11 & 12,Block 2., we have concluded based upon 10 soil borings that 2 h1dusd pads can be accomplished in the locations shown by routine soil .replacement and compaction methods. (See attached graphic + property report for. locations• and recomendations). 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 li & 12 which are attached. See also a graphic attachment for _a preliminary ponding and house pad layout. C(Arb ep r_ 3 C Wc�'Wad q.1 er7. Respectfully submitted,, Landplan, Inc. I Donald L. Hess, Jr., President Landscape Arch. -Planning ti WAI hP 13 E-I m M U E; 3 E- 2N I aim WIM OWN.4 401 Townes Road Wayzata, MN 55391 473 5711 lot L CITY DF 5LAI CHANHASSEN 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 7, 1982 Mr. Adrian Johnson c/o Carver Beach Properties, Inc. 332 Second Street Excelsior, MN 55331 Dear Adrian: Attached please find the four copies of the Development Contract to be executed for the Carver Beach Estates Plat. The only changes in the contract are those that we discussed at our meeting this morning which include the addition of numbers for the special assessments and the change of address for the deve- loper. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW : bf cc: Scott A. Martin, Community Development Director Russell Larson, City Attorney William Monk, City Engineer 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 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 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, Survev in.; 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. 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 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. cm 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. S-pread 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- rhl 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. Northerlv 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 W-M 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 Siqns. 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 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- 6 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- 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- MN0060 S O I INTERPRFTAT IONS RECORD MLRA(S1: 103 REV. EL8. 4-80 TYPIC HAPLUDALFS. FINE —LOAMY,. MIXED. MESIC 'a C - G -► � 7�T /7 Gl HAYDEN SERIES YDEN SERIES CONSISTS OF DEEP WELL DRAINED SOILS FORMED IN GLACIAL TILL UNDER DECIDUOUS FOREST ON GROUND AND IAeMM14! NYgbhl�.i...Yr-W iYiY.i.�W./111'iYl T tRM IN AL MORAINES., THE SURFACE LAYtR [S VERY DARK GRAY LOAM 2 INCHES THICK• THE SUBSURFACE LAYER IS DARK GRAYISH BROWN LOAM 7 INCHES THICK. THE SUBSUIL IS BROWN AND YELLOWISH BROWN LOAM AND CLAY LOAM 34 INCHES THICK. THE SUBSTRATUM IS LIGHT OLIVE BROWN LOAM. SLOPES RANGE FROM 2 TO 35 PERCENT. AREAS ARE USED FOR CRUPLAND. PASTURELAND AND WOODLAND. ESTIMATED SOIL PROPERTIES (A) _ --_-- I I DEPTH I I IFRACTIPERCENT OF MATERIAL LESS ILIGUID JPLAS— I 1(IN•II USDA TEXTURE I UNIFIED ( AASHTO 1>3 INJ_THA_N 3^ PASSING STFVE NC, I LIMIT ITICITYI (PC7) I 4 I ID 1 40 1 200 1 I INOEX I 1 0-9 IL, SIL IML. CL—ML. CL JA-4 1 0 1 IOU 98-100 85-98 50-80 1 20-30 1 4-10 1 10-9 JFSL. SL ism. SM—SC. SC JA-4 i 0 1 IOU 95-100 65—E5 35-50 1 20-30 JNP-8 I 19-431CL. L ICL JA-7. A-6 0 195-100 90-98 80-99 55-75 J 30-50 115-26 1 143-601L. SL. FSL JCL. SC I I I IA-6. A-4 I 1 0-5 195-100 90-98 75-90 35-70 J i I I 20-35 i 8-15 1 I I IDEPTHICLAY (MOIST BULKI PERMEA— I AVAILABLE I SOIL I SALINITY I SHRINK— JEROSIONJWIND JORGANICI CORROSIVITY J I(IN.)I(PCT I DENSITY i BILITY (WATER CAPACITYIREACTIONI(MMHOS/CM)J SWELL JFA£TQRSJEROD.IMATTER I— I I I<Z?ITMII (G/CM3) I I /H IN/ (PH) I iPOTENTIALi K I T IGROUPI (PCT) I STEEL JCONCRET.91 1 0-9 110-2511.40-1.60 1 0.6-2.0 1 0.20-0.22 15.6-7.3 J — I LOW 1.321 5 1 6 1 .5-1 1 LOW IMODERA191 1 0-9 1 5-1511.45-1.70 1 2.0-6.0 1 0.14-0.18 15.6-7.3 J — I LOW 1.321 5 1 3 1 .5-1 i 19-43118-3511.50-1.65 1 0.6-2.0 I 0.15-0.19 15.1-7.3 1 — IMODERATE 1.321 I ( I 143-60115-2711.65-1.80 1 0.6-2.0 i 0.14-0.19 17.4-8.4 I — 1 LOW 1.321 1 1 BEDROCK� I,SQB$IDENCE 1HYDIPOTE NT-LI I FLOODING i_ HIGH I— I DEPTH I WATER TABLE KIND JMONTHS CEMENTED PAN IDEPTHIMARUNESSJDEPTH 1HARONESSIINIT.ITOTALIGRPJ FROST I I FREQUENCY I DURATION IMUNTHS I (FT) I I 1 Jf IN) I I (IN) I I(IN) I(INI 1— 1 60 1 1— 1 I_ 1 ACTION I 1_8 IMODERATEJ I NONE I_ 1 _I >6.0 1 L SANITARY FACILITIVA _ Cy NSTRUCTICN MATERLAL �_- 1 J 2-8X: MODERATE—PERCS SLOWLY II 1 2-15%: GOOD I (SEPTIC TANK 18-1SX: MODERATE—PERCS SLOWLY.SLOPE II 1 15-25%: FAIR —SLOPE 1 J ABSORPTION 115+%: SEVERE —SLOPE II ROADFILL 1 25+%: POOR —SLOPE J FIELDS I I 12-7X: MODERATE—SEEPAGE.SLOPE II I IMPROBABLE —EXCESS FINES I SEWAGE i 7+%: SEVERE —SLOPE II 1 1 LAGOON I II SAND 1 1 I AREAS I 11— J J 2—SX: MODERATE —TOO CLAYEY II I IMPROBABLE —EXCESS FINES J SANITARY i 8-15%: MODERATE—SLOPE.TOO CLAYEY II I I LANDFILL i 15+%: SEVERE —SLOPE II GRAVEL I I I (TRENCH) i i 12-8X: SLIGHT 11 1 2-8%: FAIR —SMALL STONES I I SANITARY j B-15%: MODERATE —SLOPE II 1 B-15%: FAIR —SMALL STCNES.SLOPE I I LANDFILL 115+X: SEVERE —SLOPE J1 TOPSOIL 115+X: POOR —SLOPE I (AREA) I II I J 12-8X: FAIR —TO❑ CLAYEY 11 J DAILY 18-159: FAIR —TOO CLAYEY.SLOPE II WATER MANAGEMENT — —_—_— I COVER FOR 115+X: POOR —SLOPE II 1 2-3%: MODERATE —SEEPAGE I II POND J 3-8X: MODERATE—SEEPAGE.SLOPE I I LANDFILL i -- IJ RESERVOIR J 8+%: SEVERE —SLOPE I I _ II AREA I NG SITE DEVELOPME 11 I _ J 2— X: G __-_____ 43 (J J SLIGHT I SHALLOW 8-15%: MODERATE —SLOPE ,,,,..,_ 1rA `► I I EMBANKME NT5 I J JEXCAVATIUNS 115+X: SEVERE —SLOPE 14 II DIKES AND J LEVEES I 12-8X: MODERATE —SHRINK —SWELL II I SEVERE —NO WATER I DWELLINGS 18-15%: MODERATE—SHRINK—SWELL.SLOPE II EXCAVATED I i WITHOUT 115+X: SEVERE —SLOPE II PONDS I 1 1 BASEMENTS i ((AQUIFER FED 1 I I�2-8X: MODERATE —SHRINK —SWELL II I DEEP TO WATER J DWELLINGS 18-15%: MODERATE—SLOPE.5HRINK—SWELL 11 I J i WITH i IS+X: SEVERE —SLOPE 11 DRAINAGE I 1 I BASEMENTS 1 11 I —I I 1 2-4X: MODERATE —SHRINK —SWELL II 12-3X LsSIL: FAVORABLE I I SMALL 4-8X! MODERATE—SHRINK—SWELL.SLOPE IJ i 3+% L.SIL: SLOPE I J COMMERCIAL B+X: SEVERE —SLOPE JJ IRRIGATION 1 2-3% FSL.SL: SOIL BLOWING I II i 3+X FSL.SL: SOIL BLOWING.SLOPE J I BUILDINGS I 1 J 2—I5X: SEVERE —LOW STRENGTH JI 1 2-8X LsSIL: FAVORABLE I J LOCAL 115+X: SEVERE —LOW STRENGTH.SLOPE II TERRACES ( 8+X L.SIL: SLOPE I 11 AND 12-8% FSL.SL: SOIL BLOWING J ROADS AND J II DIVERSIONS 18+X FSL.SL: SLOPE.SOIL BLOWING I J STREETS I J LAWNS. 12-8X: SLIGHT 11 12-8X: FAVORABLE (LANDSCAPING 1/ 8-15X: MODERATE —SLOPE II GRASSED i 8+%: SLOPE I AND GOLF 1115+X: SEVERE —SLOPE II WATERWAYS I J I FAIRWAYS REGIONAL INTFaopFTATIONS I PASTURE AND I O-18X: GROUP I I MAY 1 3 t980 1HAYLAND 1 18-25%: GROUP 2 1 1 1 25+%: GROUP 8 HAYDEN S&RIf Sr MN0060 RE RE ATIQNAL Q�VELOPMENT 1 1 2-8X: SLIGHT 11 1 2-6%: MODERATE —SLOPE I 1 18-15%: MODERATE —SLOPE 11 1 6+%: SEVERE —SLOPE I CAMP AREAS 1 15+%: SEVERE —SLOPE 11PLAYGROUNDS I I 1 1 2-8X: SLIGHT 11 1 2-15X: SLIGHT I I 18-15X: MODERATE —SLOPE II PATHS 115-25%: MODERATE —SLOPE 1 IPICNIC AREASI 15+X: SEVERE —SLOPE II AND 1 25+%: SEVERE —SLOPE I I I 11 TRAILS 1 I CAPABILITY AND YIELDS PER ACRE OF CROPS AND PASTURE (HIGH LEVEL MANAGEMENT) CLASS— I CAPA— I CORN I SOYBEANS I OATS I GRASS— IBRCMEGRASS-1 KENTUCKY I I 1 DETERMINING I BILITY I I 1 ILEGUME HAY I ALFALFA I BLUEGRASS I I I PHASE 1 I (BU) I (BUJ i (BU) I (TONS) I (AUM) I (AUM) I I INIRRIIRR INIRR IIRR, INIRR IIRR. INjRRlIRR INIRR IIRR INIRR IIRR INIRR IIRR INIRR ,I i RR. I 12-6X 1 2E 1 1100 I 130 1 1 75 1 t 4.5 1 1 6.5 1 1 3.5 1 I 1 I i6-12% 13E 1 185 1 126 1 1 70 J ( 4.5 1 1 6.5 1 1 3.5 1 1 1 I 112-18X 14El 165 I 122 I 1 60 i 1 4.0 J 16.0 I 13.0 I I I I 118-25X 16E I i- 1 I- I 1- 1 13.0 I 14.5 I 13.0 I I I I 125-35X I TE I 1- I I- I !- I 1-! I- 1 11.5 1 I I I I 1 i I I I I 1 I I I I I I I 1 i I I I I I I I I I I I I I I 1 I 1 I I I I I I I I I 1 I I 1 I I I 1 I I I I I I ! ! t 1 t I 1 I I I I I I I I I ! I I I I 1 ! I I I I I I 1 J I I ouCDL,yp SUITABILITY ! CLASS— J ORD ! MANAGEMENT PROBLEMS I POTENTIAL PRODUCT Vj ITV 1 1 J DETERMINING 1 SYM I EROS)ON1 EQUIP. ISEEDLINGI WINDTH.1 PLANT I COMMON TREES ISITEI TREES TO PLANT 1 i — PHASE —1 _I —HAZARD I LIMIT I MORT-Y i HAZARDS COMPET_1 _ — IINDXI 12-12% .120 1 SLIGHT i SLIGHT I SLIGHT I SLIGHT I SLIGHT INORTHERN RED OAK 169 IBLACK WALNUT. I 112+X 12R IMODERATEIMODERATEI SLIGHT i SLIGHT I SLIGHT JAMERICAN BASSWOOD 169 (NORTHERN RED OAK 1 t 1 I 1 1 I 1 [SUGAR MAPLE I IAMERICAN BASSWOOD I I I I t 1 11 IBLACK WALNUT 162 [SILVER MAPLE I I 1 I 1 I I [ JEASTERN WHITE PINE 164 1WHITE OAK 1 I I I I I ( 1 IWHITE OAK 162 1 1 1 I I ! 1 1 I 1 I 1 1 I I I 1 I I I 1 I I 1 I I I I I 1 I I I I I 1 I I I i I I I I I I I I I I I ! I I I I I rrjNU8RLAK5 (8)_ _ IC ASS DETERMIN G PHASE( SPECIES 1 T1 SPECIES IHTI SPECIES IHTI SP£CLES _ HTI 12-12X JEASTERN WHITE PINE 128IGREEN ASH 1351COMMON HACKBERRY 134IEASTERN COTTONWOOD 1601 1 IPONDEROSA PINE 1261SIBERIAN CRABAPPLE 1181AMUR MAPLE 1231GRAY DOGWOOD 1121 1 ITATARIAN HONEYSUCKLEJIIILILAC 112INORTHERN WHITE—CEDAR1201WHITE SPRUCE 1221 I I I I ! 1 I I I I I I I I I I I I 1 1 WILDLIFE HABITAT SUITABILITY CLASS —POTENTIAL FOR HABITAT ELEMENTS I POTENTIAL AS MABjTAT FORS — I DETERMINING IGRAIN 6IGRASS 6I WILD IHARDWD ICONIFERISHRUBS IWETLANDISHALLOWIOPENLD IWOODLD IWETLANDIRANGELDI I ... - PHASE _1 SEED ILEGUME I HERB 1 TREES IPLANTS I [PLANTS I WATER IWILOLF_ IW-ILI(LE IWILOLF IWILDLF 1 12-6% !-GOOD 1 GOOD i GOOD I GOOD t GOOD I — IV. POORIV. POORI GOOD I GOOD IV. POORI — I 16-18% I FAIR I GOOD 1 GOOD I GOOD ! GOOD I — IV. POORIV. POORI GOOD I GOOD IV. POOR[ — 1 118+X 1 POOR I FAIR 1 GOOD 1 GOOD ! GOOD ! — IV. POORJV. POORI FAIR I GOOD IV. POORI — I 1 I I I I 1 I I I I I I [ I I I I I I 1 I I I I I I I I L. POTENTIAL NATIVE PLANT COMMIUNITY_jR"gf9 ANDOR F(IRE21 UNDERST DRY VEGETATION)- 1 I PLANT I PERCENTAGE COMPOSITION (DRY WEIGHT) BY CLASS DETERMINING PHASE I 1 COMMON PLANT NAME I SYMBOL --J_1NLSPN)--- 1 J I 1 1 I I I I I I I I 1 I I I I I I 1 I I I I J I 1 1 I I I I 1 I I 1 I I l I I I I I I I I I 1 I i 1 I 1 i I I I I I I I I I I I I 1 1 I 1 I J I I 1 I I I I 1 i 1 I I I I I I I 1 I I I I 1 I POTENTIAL PRODUCTION (LBS./AC. DRY WTI:- 1 FAVORABLE YEARS 1 I 1 I I I I NORMAL YEARS UNFAVORABLE YEARS FOOTNOTES BASED ON TEST DATA OF 7 PEDONS. 0-122: WINDBREAK GROUP 1: 12+XS WINDBREAK GROUP 3. I A0165 S C 1 L I N T t R P R E T A T I C N S R E C 0 F 0 MLRA(S): 1028. 103. 104. 107 REV. JOH. 3-79 CUMULIC HAPLUCCLLS. FINE-LCAMY. MIXED. MESIC T Q TERRIL SERIES THE TERRIL SERIES CONSISTS OF DEEP. MORERAICLY WELL DRAINED SOILS FCRMEO UNDE _PAAIRIE VEGETATION INA LUiYU M•�QN FCCTSLOPES AND ALLUVIAL FANS. THE SURFACE LAYER IS BLACK AND VERY DARK GRAYISH -BROWN LOAM 31 IhCHES THICK. THE SUBSOIL IS DARK -BROWN AND BROWN. FRIABLE LOAM. SLOPES RANGE FROM 0 TO 14 PERCENT. MOST AREAS ARE CULTIVATED. I----- -- ------------- ---- I IDEPTHI I I IFRACTIPERCENT OF MATERIAL LESS ILIOUIO IPLAS- I 1(IN.11 USDA TEXTURE I UNIFIED I AASHTC 1>3 INI THAN_3-Ea�a�ijnij�j N9&_I LIMIT ITICITYI I—_-1—---------L--------------1_---------�SPST 1 1 4 1 10 _1-19-1_Z99l__--�3n�EL_ 1 I 0-311L. SIL ICL IA-6 1 0-5 1 100 95-100 70-SO 60-EO 1 30-40 I10-20 1 1 0-311CL ICL IA-6. A-7 1 0-5 1 100 90-100 70-10 60-80 1 30-45 116-95 1 131-601CL I I JCL I IA-6 I f 0-5 1 100 100 85-95 65-85 1 25-40 110-20 1 1 I 1 I I I I I I 1 1 I i 1 IOEPTHICLAY IMOIST BULKI PERMEA- I AVAILABLE I SCIL I SALINITY I SHRINK- IERDSIChIWINO 1CFGANICI CORROSIV17Y 1 1(IN.)I(PCT I DENSITY I BILITY IWATER CAPACITYIREACTIONI(MMHOS/CM)i SWELL JE".I99s51EROD.IMATTER I___—I<2MMI1 (G/&yZJ__j_S1n[n9j__L—iI19CibL___iEl�l_1___—__—jPSIElxIShcL�j_I_L49951PLSPSILI�2&EL__1S9sSEEIEI 1 0-31118-2611.35-1.40 1 0.6-2.0 1 0.20-0.22 16.1-7.3 1 - I LOW 1.241 5 1 6 1 4-5 I1js"EAUj—L911—_1 1 0-31127-3211.40-1.45 1 0.6-2.0 1 0.17-0.19 16.1-7.3 1 - I LOW 1.241 5 1 6 1 4-5 1 131-60127-3211.45-1.70 1 I I I I 0.6-2.0 1 0.16-0.16 16.1-7.8 1 - I I I I LOW FLOODING I__—NIGM WA.Ug-jd@yA---j_SENEtLUQ_P,(ij--�f,QR_S, ____j�ySSIDEhCE_INYDIPD7ENT�LI _ I DEPTH I KIND IMONTHS IDEPTHIMARCNESSIDEPTH IHARONESSIINIT.ITOTALIGRPI FROST I —FREQUFh!gy-__1_OUsazllan1Msnlnzl�isrL_L __L—_— IcInil_ I 11sLJAIL l_j___1_asSl&n_ —_ NONE--j_----------1—__—j_atu.s--1------1--_—L-=—j-----j->60 1-j-=--1•---�1 U_jMLGEFAjeI --Z9nI38&Y_EaSi4iI19.5__laL---____---------____--^----_caNSYRucT1aN MATERIAL ----------- --_- - 1 0-8%: SLIGHT If I FOGS -LOW STRENGTH ISEPTIC TANK 18-14X: MCDERATE-SLOPE II 1 I ABSORPTION I II ROAOFILL 1 1 FIELDS i II 1 I I 0-2X: MODERATE -SEEPAGE II I IMFRCBAELE-EXCESS FINES I SEWAGE 12-7%: MODERATE-SEEPAGE.SLUPE II I I LAGOON 1 7FX: SEVERE -SLOPE If SAND I I AREAS i II —---_-------- --------------- 0-8%: SLIGHT II I IMPROBABLE -EXCESS FINES I SANITARY 1 8-14%: MODERATE -SLOPE ii I I LANDFILL I If GRAVEL I I (TRENCH) I II I I 0-8%: SLIGHT 11 'I 0-8X: FAIR -SMALL STChES 1 SANITARY 18-14%: MODERATE -SLOPE II 1 8-14X: FAIR-SLOPE.SMALL STCNES LANDFILL I' II TOPSOIL 1 I (AREA) I II i I 1 0-8%: GOOD 1) DAILY I 8-14%: FAIR -SLOPE If I COVER FOR 1 11 1 0-3X: MODERATE -SEEPAGE I LANDFILL I If POND 1 3-S%: MODERATE-SEEPAGE.SLOPE. RESERVOIR I 84X: SEVERE -SLOPE 11 AREA I euija I1iS>�S1iE_IlEYEl.9 II ( MOCERATE-PIPING I SHALLOW 18-14X: MODERATE -SLOPE IIEMBANKMENTS I (EXCAVATIONS 1 11 DIKES AND I I 1 11 LEVEES I I 0-8%: SLIGHT 11 1 SEVERE -NC WATER I DWELLINGS 1 8-14%: MODERATE -SLOPE 11 EXCAVATED I I WITHOUT 1 11 PONDS II I BASEMENTS I IIAOUIFER FED I I---- 1 — — -11-------------------- --------------- j®I 0-8X: SLIGH-T L AC, 14 F'f.S ` I-- If I DEEP TO WATER I DWELLINGS 18-14X: MODERATE -SLOPE II I I WITH 1 II DRAINAGE I 1 BASEMENTS 1 11 1 10-4%: SLIGHT II I 0-32: FAVORABLE SMALL 14-8%: MGOERATE-SLCPE II 1 34%: SLOPE I COMMERCIAL 184X: SEVERE -SLOPE - 11 IRRIGATION I I BUILDINGS I II I 1 9E WERE LOW STRENGTH I1 1 0-E%: FAVORABLE 1 LCCAL I II TERRACES 184X: SLOPE SCADS AND i II AND 1 1 STREETS 1 11 DIVERSIONS I I LAWNS. ;4 0-62: SLIGHT ILANDSCAPING 1 8-14%: MDDERATE-SLOPE 1 AND GOLF 1 1 FAIRWAYS 1 If I 0-82: FAVORABLE II GRASSED 184X: SLOPE 11 WATERWAYS i II I REGIynaL�siE13P9&I3�I9LaS-____—_____--_ I I I I I 1 TERRIL SERIES f IA0165 ----------------- _---_---- REc9E2IiS+IidL_ltI;YELDEIlElii--... ------................. ----....... SLIGHT II 1 0-2X. SLIGHT I i 1 8-14X: MODERATE -SLOPE II 1 2-6X: MOOESATE-SLOPE i I CAMP AREAS I IIPLAYGROUNOS-I 6+X: SEVERE -SLOPE 1 I I II 1 I I 10-8X: SLIGHT II I SLIGHT 1 1 1 8-1411: MOOERATE-SLOPE 11 PATHS 1 1 (PICNIC AREASI II AND I 1 I I II TRAILS I 1 CLASS - DETERMINING PHASE I CAPA- BILITY CORN I SOYBEANS I OATS I GRASS- I KENTUCKY I SMOOTH IBRCMEGRASS- 1 I ILEGUME HAY I BLUEGRASS IBRCMEGRASS I ALFALFA 11 I 1120 1 146 I I 95 1 I S.o I I 2E I 1 118 1 I 45 1 I 94 1 1 5.0 13E I 1113 1 143 1 191 I 14.8 I 13E I 1 104 1 140 ( 1 B3 I 14.4 1 I I I i I i I 1 I I 1 I I I 1 I I I 1 I I I I I I I i I I 1 1 I I 1 I I I 1 I 1 I t I I I 1 I I I 1 1 I SAjjEj-1___(AU JL1 1LISPE-lIs$�lniss_11ssA_1nlss_11SP.s_ I 14.2 1 17.0 1 18.3 I I 14.2 1 i 7.0 1 I e.3 I I 14.2 ! 16.7 I 1 8.0 I 1 13.6 I 1 6.2 I 17.3 I ( I I I I I I I i I i I I I I I t 1 I i I i I 1 1 I I t I I I I I I i I CLASS- 1 ORD i_____—_—_lIENESI:lIEitiLP9liflLLl--_�______i__EQIF.LI3dL QBQGS7S11Yt3�_ I DETERMINING I SYM I EROSIONI EQUIP. ISEEDLINGI WINOTH.1 PLANT I COMMON TREES ISITEI TREES TO PLANT I I I I ! I I I I 1 I I I I I I I I ! I I I I I I I I I I 1 I I I I I ( I I I I I I 1 I I 1 1 1 I 1 I I I I I I I I i 1 ICLASS_OETERMJM.!a PbySEL--_SPESSES lHT1 MESSES1�11SPECIES ---__ --11:11----_sEl:S1eS17 1 1>50 F. MAAT IREOCSIER DOGWOOD 17 IRED PINEI30IAMUR MAPLE I201GRAY OGGWCCD 17 I I ISI8ERIAN OOGWOOD 1121TATARIAN HONEVSUCKLE112INCRWAV SPRUCE 130JEASTERN REOCEDAR 1201 1 1EASTERN COTTONWOOD 1401CCMMON HACKBERRY 1301SELVER MAPLE 1341 1 1 1<50 F. MAAT (NORTHERN WHITE-CEDAR120ICOMMON HACKBERRY 1341WHITE SPRUCE 1221BUR OAK 1301 I (EASTERN WHITE PINE 1281SIBERIAN CRABAPPLE 118IPCNDEROSA PINE 1241AMUR MAPLE 1231 �1 IAN HGNEYSUCKLj9j.& (GREEN ��Ij� 51LILAC—_---_____lI3) CLASS- I ____ PGIgNTIAL_EUR HABLTATELJ<yENTS---1__?BIEIIIIPL_i DETERMINING (GRAIN EIGRASS 61 WILD IHARDWD ICONIFERISHRUBS IWETLANDISHALLOWIOPENLO IWOODLO I G000 I GOOD I G00D I GOOD ( GOOD I I FAIR 1 GOOD I GOOD I GOOD I GOOD 1 I 1 i I 1 I I I I I I I I POOR I POOR I GCCO I GCGD IV. PCCRIV. POCRI GOOD I COCO I I I I I I I I SI9E3IeI_FOR: __I IWETLANDIRANGELCI L1s1aLE_15SLQLi_I I PocR 1 - I Iv. PCORI - I I I I I I I I I 1 I I PLANT ( -EBUMEISLES9tlPOSITI919�BY_1ESSifI1_&Y SLa�;a_SEI!<Pl�ISi1�S� A�E_�___I I COMMON PLANT NAME 1 SYMBOL I I 1 1 1 I I t 1 I I I I I i I 1 1 I I I 1 I I I I 1 I I I I I 1 I I I 1 1 I I I I I 1 I I I i I I I I I I IPOTENTIAL PRODUCTION (LBS./AC. DRY WTI: I -----___----___-___---______------------_________-I I FAVORABLE YEARS 1 NORMAL YEARS 1 1 1 I I I I— — - U FAVOR l3LE__UARS-------- ' — --------1-----1--------- FOOTNOTES A SUBJECT TO LOCAL RUNOFF FROM UPSLOPE AND OCCASIONAL LATERAL MOVEMENT CF WATER FROM UPSLOPE .IN SOIL PRCFILE. MNCO26 S O I L I N T E R P R E T A T I O N S R F C O H D MLRA(S): 103 GLENCOE SERIES REV. ARG—ELB. 12-70 CUMULIC HAPLAQUOLLS. FINE—LGAMY. MIXED. MESIC THE GLENCOE SERIES CCNSISTS OF DEEP VERY POORLY DRAINED SOILS FORMED IN GLACIAL TILL IN DEPRESSIONS AND SWALES IN THE UPLANDS. THE SURFACE LAYER 15 BLACK AND VERY DARK —GRAY CLAY LOAM 35 INCHES THICK. THE SUBSOIL IS MOTTLED OLIVE —GRAY. FRIABLE LCAM 13 INCHES THICK. THE UNDERLYING MATERIAL 1S GRAYISH —BROWN AND LIGHT OLIVE BROWN LOAM. SLOPES ARE LESS THAN 1 PERCENT. MOST AREAS ARC DRAINEC AND CROPPED. IDEPTHI 1(IN.)) USDA TEXTURE_ I I 1FRACTIPERCENT OF MATERIAL LESS (LIQUID IPLAS— 1 I UNIFIED I AASHTO I>3 INI_7HAN 3^ PASSING SI FIVE NO, ( LIMIT 1TI CITY( 1 1 1 IjPCTII 4 I 10 1 4D ( IIND 1 0-351SICL. CL. L 10L. OH. MHs ML IA-7 _ 1 O 1 300 95-100 85-98 75-90 1 45-60 110-20 1 135-4E1L. CL, SICL ICL 1A-7. A-6 1 0 1 109 95-100 85-98 75-90 1 35-50 I15-25 1 148-601L. CL 1 1 ICL 1 IA-6. A-7 I 1 O 198-100 90-98 80-98 70-85 1 35-50 115-25 1 I I I 1 I I i I 1 DEPTH I C LAY 1M UI ST 8ULK1 PERMEA— 1 AVAILABLE i I I 1 I I ---I I SOIL I SALINITY I SHRINK— IEROSIONIWIND IORGANICI CORROSIVITY 1 I(IN.)I(PCT I DENSITY I BILITY (WATER CAPACITYIREACTIONI(MMHOS/CM)) SWELL 1FACTORSIEROO.IMATTER I (__152MMJ.LSSILCM3I 1 (IN/HRI I (IN/INI I (PH) I IPOTENTIALI K_I T IGRCUPI IPCT) (_STEEL (CONCRETE( 1 0-35125-3511.35-1.45 1 0.2-2.0 1 0.18-0.22 16.1-7.8 1 — (MODERATE 1.261 5 1 6 1 5-10 1 HIGH I LOW 135-48125-3511.35-1.50 1 0.2-2.0 1 0.15-0.19 16.6-7.8 1 — _I IMODERATE 1.281 1 1. 1 148-60122-3211.35-1.50 I I I I 1 1 1 0.6-2.0 1 I 1 0.15-0.19 I I 17.4-7.8 1 — I I 1 1 IMODERATE 1..281 1 1 I I I 1 1 I I FLOODING 1 HIGH WATER TABLE I CEm NTF D PAN I BEDROCK ISUBj1HYDIPOTENT•L1 DF_NCE 1 DEPTH I KIND (MONTHS I DEP THIHARDNESSIDEPTH IHARDNESSIINIT.ITOTALIGRPI FROST I 1 FREQUENCY—�1—DURATION ]MONTHS I (FT) 1 1 ((IN, 1 I (IN) I I(IN}—IIINZ_1— I ACTION_I 1 I +I—I,OIAPPAREN710CT—JUNI — I I >60 I 1 — 1 18/DI HIGH _I SANITARY FACILjil-_ _—_—_ _ RUCTj,QIyMATERIAL I 1 SEVERE—PERCS SLOWLY.PONDING II I POOR—WETNESS.LGW STRENGTH 1 (SEPTIC TANK I 11 1 1 1 ABSORPTION 1 1I ROADFILL I I 1 FIELDS 1 1 SEVERE—PONDING II — I IMPROBAELE—EXCESS FINES 1 SEWAGE I 1I I I I LAGOON 1 1I SAND I I AREAS 1 11 I I I 1 SEVERE—POkDI NG.EXCESS HUMUS 1I I IMPRCBABLE—EXCESS FINES 1 1 SANITARY I 1 LANDFILL I I1 GRAVEL I 1 1 (TRENCH) I 11 I 1 1 1 SEVERE—PCNDING 1I 1 POOR —WETNESS 1 1 SANITARY 1 11 1 I I LANDFILL I 11 TOPSOIL 1 1 1 (AREA) I I1 1 ---- -- -- - -- I I POOR—PGNDING.HARD TO PACK II - --------------1 1 DAILY i 11 WATER MANAG M N€€S_ 1 COVER FOR I 11 _ _ __ I MODERATE —SEEPAGE I I LANDFILL I 11 POND i I RESERVOIR I 1 II AREA I 1 i I SHALLOW I 1EXCAVATIONS I I I I SEVERE—PUNDING.LOW STRENGTH 1 DWELLINGS SEVERE—FLOODS.PONDING.LOW STRENGTH 1 WITHOUT 1 1 EASEMENTS I I 1 ALNE : SEVERE—PONOING I DWELLINGS i Ak-o- it SEVERE—FLOOOS.PONDING I WITH f 1 BASEMENTS 1 1 I NC':: SEVERE—PONOING.LOW STRENGTH 1 SMALL 1 Na R:-; SEVERE—FLJODS.PONDING.LOW STRENGTH 1 COMMERCIAL I 1 13UILDINGS 1 I SEVERE—PGNDING.LOW STRENGTH.FROST ACTION I LOCAL I 1 ROADS AND 1 I STREETS 1 If 1 SEVERE —HARD TO PACK.EXCESS HUMUS.PCND(NG 11EMBANKMENTS I 11 DIKES AND 1 11 LEVEES II _ II EXCAVATED 11 PONDS 11ADUIFER FED MODERATE —SLOW REFILL II I FROST ACTION.PONDING 11 1 I1 DRAINAGE 1 11 1 II I PONDING 11 I 11 IRRIGATION 1 II I 11 I PONDING 11 TERRACES 1 11 AND 1 II DIVERSIONS 1 I LAWNS. I SEVERE—PCNDING II I WETNESS (LANDSCAPING I 1I GRASSED i AND GCLF 1 Ii WATERWAYS I 1 FAIRWAYS 1 I1 1 REGIONAL INTERPRETATION•_:_ IFASTURE ANC I GROUP 6 1 1HAYLAND I 1 4 JAN 1979 I I i I GLENCOE SERIES MN 0026 hL,HC.ATIUNAL_DEVZLUPMENT— _ I I NONE: SEVERE-PONDING II I SEVERE -PENDING - I I I RARE: SEVERE-PONDING.FLOODS II I I CAMP AREAS I IIPLAYGROUNDS I I I II 1 I I SEVERE -PENDING 11 I SEVERE-PONDING -- I I I 11 PATHS I I IPICNIC AREASI 11 AND I I I I II TRAILS I I CAPABILITY AND YX LQS PER ACRE OF CROPS AND PASTUn_ (HIGH LEVEL I CLASS- I CAPA- I CORN I SOYBEANS I OATS I GRASS- IBROMEGRASS-1 REED I I I DETERMINING I BILITY I I I ILEGUME HAY I ALFALFA ICANARYGRASSI 1 PHASE I-- -_-- IORAINED I I I ,I I I I I 1 I I 3W I I 85 1 1 34 1 175 t I I i i I I 1 1 I I I I I 1 I 1 I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I 1 I I I (TONS) 1 (AUM) I (AUM) I I IRR IIRR. INIRR IIRR. 1NI$B-LjRR. INIRR IIRR. 3.5 1 1 5.2 1 15.5 1 I I I I I I I I I I I I I 1 I 1 I I I I t 1 I I I I I I I 1 I 1 I I I I I 1 I I I I I I 1 I ! I I I I 1 I I I I I I I 1 I I I I I I I WOODLAND SUITABILITY I CLASS- I ORD I _ MANAGEMENT PROBLEMS I POTEj�L PRODUCTIVITY I I DETERMINING I SYM I EROSION( EQUIP. ISEEDLINGI WINDTH.1 PLANT I COMMON TREES ISITEI TREES TO PLANT I I-- PHASE j-_ I HAZARD 1 LIMIT 1 z'ni'rll ..e�eon_ 1.-COMPE7=!------------ -_-1ILL. I I I I I I 1 I NONE I 1 I I I I 1 1 I I I I I I I I I I I I I I 1 I I I I I I 1 I I I I I I I I I I I I I I I 1 I I I I I I I 1 1 I I I I I 1 i I I 1 I I I I I I I t I I I I I I 1 1 I I I I I I I I I t I I 1 I I I I I I I 1 I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I i I I I I ICLASS=DETe ALN•G PHASEI SPECIES IHTI SPECIES IHTI SPECIES IHT1— SPECjgl IHT) (DRAINED (EASTERN COTTONWOOD 1601GREEN ASH 1301SIBERIAN CRABAPPLE 120IRLDCISIER UOGWUDD 1151 1 ]SILVER MAPLE 135JEASTERN WHITE PINE 125IAMUR MAPLE 116IMF-DJIUM PURPLE WILLOWI141 I (GOLDEN WILLOW 1351WHITE SPRUCE 1221NORTHERN WHITE-CEDARI151TATARIAN HONEYSUCKLE1101 I I 1 I 1 I I I I I I I I I I I I I I I WILDLIFE HABITAT SUITABILITY -_ I ALL 1 I ] I Fes.$_--- RANGELDI WILDLF_I - I I I I -pOTE NTIAL NATIVE PLANT COMMUNITY (RANGELAND OR FOREST UNOERSTORY YEgUATIQhU _--_ I-- I PLANT ] PERCENTAGE COMPOSITION )[E IGHT) EIGHT) BY CLASS DE.192MIN NG PHASE I COMMON PLANT NAME I SYMBOL 1 I I I 1 1 I_ 1 (NLSPj)_1- - -1- - -'- -------- - - -- I I I I I I I I I j I 1 I 1 I i I I I I I I I I 1 I I i I I 1 I I I ! I I I I I I I I I I I I I I I 1 1 I I I I I I 1 1 I I t I 1 I I I I I I I I I l I I I I I I I I I I I I 1 I i I I I I 1 I I I POTENTIAL PRODUCTION (LBS./AC. DRY WT): I - ------ -- - -- --- ] FAVORABLE YEARS I 1 1 I 1 I NORMA6 YEARS ] 1 I I I 1 I--__— — UNF-AVORABIE YEARS FOOTNOTES I EXTENSIVE DIKING REQUIRED FOR STORAGE A UNDRAINED: WIPDUREAK GROUP 10B. ON SITE ASSISTANCE NEEDED TO DETERMINE SPECIES; DRAINED: GROUP B. MN. MI0023 S C I /bl)1 N T E R P R E T A T 1 C N S R E C C R/ ` p• MLRA(S): 95. 97. 96. 99. 103. 105. 108. .10 PALMS SERIES REV. GHE. 4-79 TERRIC MEDISAPRISTS. LOAMY, MIXED. EUIC. MESIC THE PALMS SERIES CONSISTS OF VENY PUORLY DRAINED SOILS FORMED IN DEPOSITS OF ORGANIC MATERIAL 16 TO 50 INCHES THICK. BE A hE . U SOIL IS BLACK MUCK 35 INCHES THICK. THE SUBSTRATUM 15 GRAY MOTTLED CLAY LOAM. SLOPES RANGE FROM 0 TO E PERCENT. DRAINEC AREAS ARE USEC FOR CROPLAND AND UNDRAINEC AREAS ARE USED MAINLY AS WETLAND WILDLIFE HABITAT. IDEPTH I I I IFRACTIPERCENT CF.MATERIAL LESS ILIOUID IPLAS- I I(IN.11 USDA TEXTURE I UNIFIED I AASHTG 1>3 INI_Inn_,j"E,BSMbjG SIEVB_f1.QA_I LIMIT ITICITYI 119L�919I�ilg_ I 10-351SP IPT I I I I I I 135-601CL. SILL. FSL ICL-ML, CL IA-4. A-6 1 0 185-104 80-100 70-95 50-90 1 25-40 1 5-20 I I I 1 I I I I I I I I 1 1 I I I I I IDEPTHICLAY IMDIST BULKI PERMEA- I AVAILABLE I SOIL I SALINITY I SHRINK- IEROSIONIWIND ICPGANICI CCRRCSIVITV 1 I(IN.)I(PCT I DENSITY I BILITY IWATER CAPACITYIREACTICNI(MMHOS/CM)I SWELL IF"TORSIEROD.IMATTER I ------------ I 1 0-351 - 10.25-0.45 1 0.2-6.0 1 0.35-0.45 15.1-7.8 1 - I 1- I- I 3 1 >75 I__tf.1SL+1__1tl�IIJrPell:i 135-601 7-3511.45-1.75.1 0.2-2.0 1 0.14-0.22 I6.1-8.4 1 - I LOW I I I I I i I I I I I I I I 1 I I 1 I I ----------- 1 FLOODING I T MCNTED ESN I—_IIP.�BSSlS_ I HYD 1 PCTFhT'-L I I_ ___—_1 DEPTH 1 I1(ONTHS IDEPTH IHARDNESSIDEPTH IHARONESS NIT. �IGRPI FROST I ____ I�tRE�€NSY--L_DUReItO—ir_ln-b.THS I—_F�E41F.�L__L—_�Si�S—__11�Y=MAY1_+1=3s91BPEA9ES11�J9Y=21dY1_—�1�_�_ 1 >6a t ____1_3_�_13�-i21s[41—I:ISM__i ------__-_--_�6�113eBY_Eat311I1F�_—_-----_——_----------------S9n9IBLt33Dn .beIEBIIL-------- —---- --- I I SEVERE-FLOODS.SUBSIDES.PONOI'NG 11 I PCCR-WETNESS I ISEPTIC TANK I - If I I I ABSORPTION 1 II ROAOFILL I I I FIELDS 1 I1 I I 1 I SEVERE-SEEPAGE.EXCESS HUMUS.PONDING II 1 IMPROBAELE-EXCESS HUMUS.EXCESS FINES I I SEWAGE 1 II I I I LAGOON I II SAND I I I AREAS I II i I I ---- ----- —( — _ I I SEVERE-PCNDING.FLOODS.EXCESS HUMUS IMPROBABLE -EXCESS HUMUS.EXCESS FINES SANITARY I 11 I I 1 LANDFILL 1 I1 GRAVEL ( I I (TRENCH) I 11 1 1-------1---------_--_-_----_____ —11——__--1---- ------------------------ I I SEVERE-PONDING.FLOODS.SEEPAGE II I PCCR-WETNESS.EXCESS HUMUS I I SANITARY i I1 1 I I LANDFILL I II TOPSOIL 1 I I (AREA) I II I I 1-------1----------------------_---__—_---il__ - _---- I---- ----------------- I 1 I POCK-PCNDING.EXCESS HUMUS II 1 DAILY i II—_---____—____—_JIe3EP_JeNeS�fL�ES�--------------- COVER FOR I II I SEVERE -SEEPAGE I I LANDFILL I II POND I 1 1______ RESERVOIR 1 I II AREA 1 f --- _—_--__—_______-__ I W SEVERE -EXCESS HUMUS.FCNDING �-- II I SEVERE -EXCESS HUMUS.PONDING I I SHALLOW I IIEMBANKMENTS I I 1EXCAVATIONS I If DIKES AND I I 1 11 LEVEES I I I SEVERE-PCNDING.LOW STRENGTH.FLCOCS II I SEVERE -SLOW REFILL I 1 DWELLINGS 1 II EXCAVATED I I 1 WITHOUT I 11 PONDS I I I EASEMENTS I - IIAOUIFER FED I I 1 T/ SEVERE-PONDING.LOW STRENGTIi.FL000S---- If I FLOODS.PONOING.SUSSIDES DWELLINGS I II 1 1 I WITH I II DRAINAGE 1 I 1 BASEMENTS 1 If I I I�1i1----______----__—__—_-------------- _________—�1 i EVERE-PCNOING.FLCCDS.LOW STRENGTH I1 I PChDING.SOIL SLOMING.FLGCDS I I SMALL I it I I 1 COMMERCIAL I It IRRIGATION I 1 I BUILDINGS I If I I I VSEVERE-PCNOING.FLOODS.FROST ACTICN If I PCNDING.SOIL BLOWING I 1 LCCAL 1 11 TERRACES 1 I 1 RCADS AND ( 11 AND ( I I STREETS I II DIVERSIONS I I ---------;I yam- ----------- ( I----1----------------------------------- �/ I I LAWNS. SEVERE-PCNOING.FLOCDS.EXCeSS HUMUS II I WETNESS I (LANDSCAPING I 11 GRASSED AND GOLF 1 If WATERWAYS I I FAIRWAYS 1 11 I I — AEGitnel.�nleeEeeleu�n�_-- I I I I I 1 W PALMS SERIES MI002'3 —-------- —--- ----------------~------FESHEIii9SV ➢.EVELQeBkhi................. —........ —... ....... ----- SEVERE-PCNOING.FL000S.EXCESS HUMUS ._ II I SEVERE-PCNDIhG.FLCCDS.EXCE55 HUMUS i I I 11 I t CAMP AREAS I IIPLAYGACUNDS I I I I II I I I SEVERE—PCNOING.EXCESS HUMUS 11 I SEVERE—PCNOIhG.EXCESE HUMUS J I I 11 PATHS I I (PICNIC AREASI it AND I 1 I I II TRAILS I I CLASS— I CAPA— I CORN I CORN I SOYBEANS J GRASS HAY I CATS I I I DETERMINING I BILITY 1 I SILAGE J I 1 1 I I PHASE I1--_1J�2_—LsIabAl--.�511----1Siyl��.2—_1—SJ i---1-----------1----------I IHflilfJlP9_llflE3s�IBL►28S�1i139E 125Pz1Cu9f_ Ll&liaBE-lim.-J 2RR laP-s_ I JCRAIhEO 13W I I lo5 I 1 17 1 1 42 1 13.0 1 1 65 1 I I 1 I I JUNORAINED 15W t I I I I I I I I I I I I I I I I I I 1 I I I 1 I 1 I I I I 1 I I I I I I I 1 I I 1 1 J I I 1 I 1 I I I I I I I I 1 I I I I I J I I I I I I I I I I I I I I I I I I I I I 1 J 1 1 I I I I I 1 1 l I I 1 I I I I 1 I 1 I I --_---_______—_—L_L-1—__1__--1-----L-1----1-----L—�_-1-----1 1---1----�----1----1 I CLASS- I ORO I— ------ —"beaErEIYI�S9flslr!!;� 1E9IElLii9L_E9915dSIlY3IY_I 1 I DETERMINING I SYM I EROSION( EQUIP. ISEEOLINGI WINOTH.1 PLANT I COMMON TREES (SITE) TREES TO PLANT J I.--- B_HASE—___1—____1 HAZARjL1—f.j_ IL_1_EOi_I• I HAZAaJ2 1 C NPET, I--------11 151------------- IMAAT<50 13W 1 SLIGHT I SEVERE I SEVERE I SEVER@ I SEVERE 1990 MAPLE 15! I 1 I I I I I 1 1 [SILVER MAPLE 176 1 1 i I 1 I I 1 1 (WHITE ASH 151 1 1 1 1 1 1 1 1 1 IOUAKING ASPEN 156 1 1 I 1 1 I I 1 I INGRTHERN WHITE—CEDAR127 I I I I I I I I I ITAMARACK 145 1 1 I I I I I 1 I JBLACK ASH I- 1 I IMAAT>50 14W 1 SLIGHT I SEVERE I SEVERE I SEVERE I SEVERE IWHITE ASH 151 1 1 I I 1 I 1 I I JAEO MAPLE 151 1 1 1 I 1 1 1 1 I IGUAK1hG ASPEN 1S6 I I I I I 1 I I I (SLACK WILLOW I- I I I I I I I I I ISILVER MAPLE 176 1 I I I I 1 I I I i I I 1 I I I 1 I I I I I I I ------------1------1-------1--1------1--__L--------_--1-1_—--- -------------- ISLeEE_QEiEB!!IL!� I MAAT<50 INGRTHERN WHITE-CEDAR129JEASTEAN WHITE PINE 1221NORWAY SPRUCE 1271SILKY OOGWCGO I9 I I IGREEN ASH 1371TATARIAN HCNEYSUCKLEIISIAUSTRIAN PINE 1221VANHOUTTE SPIREA 17 1 1 ITAMARACK 11615CCTCH PINE 1311AMER CRANBEARYBUSH 1101WHITE SPRUCE 113J IMAAT>50 JLCMBARDY POPLAR 145INCRTHERN WHITE—CEDAR1251TALL PURPLE WILLOW 123IMEDIUM PURPLE WILLOWI181 JAMUR HONEYSUCKLE 1121RED13SIER DOGWOOD 19 ISILKY DLGWGCD 19 IGRAY DCGWCLD 17 1 --------------------- I class- I-------------P93E�IIdl.S_h9�lI�ILEMI:tlTS-------1—_E9IESti3A1_9j_helli93_f59s... I I DETERMINING JGRAIN"GIGRASS 6J WILD 1HARDWC ICONIFERISHRUSS IWETLANDISHALLCWIOPENLO JWOODLO IWETLANDIRANGELCI _J-HEE.@4-1-7REE-q-1ELANTS I IFLeIS I WAILP_1yLL9!`_lh3l.IaLF_1�YSLPLf_1�SSQLF_I JALL 16000 1 PCCR I PODA I PCCA I POOR I - I GCCD I GCCD I FAIR I POOR I POOR I I I I I i I 1 I 1 I I 1 I 1 I I I I 1 I I I I 1 I I I I 1 I 1 1 I I I I I I I I I I I I I 1 I I 1 I I I I I I I I __--_---__--1_--1— I—_-1_—__.l_.---1_—__.L__ L--_L—__1-------1------1-------1 CUM MYbI l (RAN GELANG DR FO$"T UNGERSTOBY—JEGETATIsj11J--------- -- -------- _ 1 J PLANT I_.._._ . _ PFOCENTAiIl8i_�i35�I1_EYSLdE�_IIEIEPli�i7li]Si-EYea9E__—__ I COMMON PLANT NAME J SYMBOL 1 I I I I-----------------_____l-ihLs - I _ -_ _—L-------1-- -----1-----------1---------- JRUSH J JUNCU I 1 I I I I SEDGE I CARER 1 I I I I IREEDGRASS i CALAM I I I I I ICANARYGRASS { PHALA2 I I I I 1 ISPECKLED ALOER J ALRU3 I 1 I I I IWILLCW 1 SALYX I 1 I 1 I IRECOSIER DOGWOOD J CCS74 1 I I I I IGUAKING ASPEN I 1 I I J POTR5 I I 1 1 1 I I 1 I I 1 I 1 I I 1 I I I I I I t I I I 1 I 1 I POTENTIAL PRCOUCTION (LBS./AC. CRY WT): I FAVORABLE YEARS I I ( I 1 J NCRMAL YEARS I I I I I ___--_1----------1_----------1----- ------- PCGTNOTES A SUBSIDENCE ON CRAINED AND CULTIVATED AREAS I5 1 FOOT PER 10 YEARS Council Meeting Octobei , 1981 -4- Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN REVIEW AND REZONING, PARK TWO: The Planning Commission recommended approval of the rezoning to P-3 with the following amended permitted uses: 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Building materials, sales & storage. Auto body repair shops. Auto parts stores. Auto service stations. Business machine sales & service. Clubs & lodges. Garden supply stores. -• Home centers, including accessory lumber yards. Laundry and dry cleaning plants. Office supplies and services. Repair shops for home and garden equipment. Taverns. Tennis, handball, racquetball courts. Off sale liquor establishments ancillary to a permitted principal use. Other similar uses as determined by the City Council to be of the same general character as this district's permitted uses, based upon the legislative intent of this district. Councilman Neveaux suggested that the uses for this property should compliment the uses in the industrial park and also not be in competition with the uses in the downtown area. Councilman Neveaux moved to amend Ordinance 47, Section 16.02 to add uses found in the Planning Commission minutes of September 23, 1981, page 9, and numbered 9, 10, 11, 13, 14, 16, 18, 19, 20,21, and 22 to that section. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving. Councilman Horn voted no. Motion carried. Councilman Neveaux moved to rezone all of Park II to P-3 as amended this evening. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Neveaux. Councilman Horn voted no. Motion carried. Councilman Neveaux moved approval of the final development plan including preliminary plat based upon the Planning Report of the City Planner dated August 7, 1981, with the update August 27, 1981, with the recommendations of the Planning Commission at their August 12 meeting and the City Engineer's update report of July 6, 1981. Said plan that was acted upon by the Planning Commission on August 12, 1981, be additionally notated to be Exhibit A of the October 5, 1981, Council meeting. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. No negative votes. Motion carried. CONDITIONAL USE PERMIT, AMERIC-INN MOTEL, LOT 3, BLOCK 1, ZAMOR ADDITION: Jim Graves and Larry Zamor were present seeking approval of a conditional use permit to construct a 29 unit motel on Lot 3, Block 1, Zamor Addition. Councilman Horn expressed concern about the individual air conditioning units. Councilwoman Swenson suggested additional tree plantings along Highway 5. Councilwoman moved to accept the recommendations of the Planning Commission for a conditional use permit for a 29 unit motel incorporating the Planning Commission recommendations of September 23, 1981, items 1-6 and #6 being revised to include the City Forester and Council. Number 3 be revised, that the applicant receive a Council Meeting October .,), 1981 -3- W-11 Su" CONSENT AGENDA: Councilman Horn moved to approve item a. address changes in southern Chanhassen pursuant to the City Engineer's recommendation. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilman Neveaux, Geving, and Horn. No negative votes. Motion carried. NO PARKING ZONE, CHRISTMAS ACRES: Frank Beddor requested a parking ban along Pleasant View Road along Christmas Acres subdivision as people using Christmas Lake are parking in that area. Councilman Geving moved to take no action on this request. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SPECIAL MEETING DATE, WATER USAGE AND BEACH LOT ORDINANCE: Council members decided to hold a special meeting on October 26 to discuss the proposed Beach Lot Ordinance. Staff will mail out notices to homeowner association presidents. NORTH SERVICE AREA REASSESSMENTS: Council members discussed whether to use the 1980 assessment or the figures listed in the Dixon Appraisal as the availability charges. The 1973 assessments remain unchanged. RESOLUTION #81-38: Councilman Geving moved the adoption of a resolution with the modification that the availability charges be in no case exceed the amount of the 1980 assessment. Resolution seconded by Councilman Neveaux. The following voted in favor: Councilwoman Swenson, Councilman Geving and Neveaux. Councilman Horn voted no. Mayor Hamilton abstained. Motion carried. PRELIMINARY PLAT REVIEW, CARVER BEACH PROPERTIES, INC. Don Hess and Adrian Johnson were present to explain the proposed preliminary plat composed of 23 single family lots on 10.47 acres and request the Council hold a public hearing to consider the vacation of certain rights -of -way. Frank Beddor presented a plan for proposed streets through the area to Pleasant View Road. The City Engineer expressed concern about the lowland in proposed Lots 11 and 12, Block 2 and recommended this area be platted as an outlot until downstream storm sewers are constructed that will accept area runoff so these lots can be filled. He further recommended that the southeast corner of Lot 11, Block 1 be dedicated as right-of-way to allow for a proper 900 intersection for the future extension of Nez Perce Drive. Council members were polled as to their feelings about the Planning Commission approved plan or revision #2. Councilman Neveaux - I personally favor the revision #2. Mayor Hamilton - As do I. Councilwoman Swenson - I concur. Councilman Geving - I have a preference for #2 but I would like to see right angles on the road north to the Owens property as well as on the east. end. I strongly urge the Planning Commission to proceed with Bill Monk's suggestion #4 on Lots 11 and 12 and make a recommendation back to us. Councilman Horn - I also would concur totally with what Dale has presented with the addition that I would like to have a more definitive statement as to not having two northerly accesses off of that road to the Owens property. I would also like to have them explore the possibility of removing both the Hobbs and the Coudron accesses off from County Road 17 to tie into this so that we don't have direct driveways onto 17. Councilman Neveaux moved to hold a public hearing to consider the vacation of rights -of way in the Carver Beach Properties preliminary plat on November 16, 1981. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman -56- VACATION OF STREETS CASE NO. VAC. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST I1 11 Date of Application % - (J-�6\1t�v. ��e �i Received by Q FFE `� Applicant hl r s f�� JQ� Name: Last First Initial Address: ��l j P(' Kt5U?c .. 'G Gy. UUPCi'ZE Ti'U'1'• ��-�a3`� � Number and Street City T State Zip Code W Pij iAW, 0%k4erl'S� W ) rejVr•�fi vh 4CAtI er �� 5trUtS, jwt![4W M .Ae 'Jfdc�� Name, AddressandSignature of Abutting Property Owners. l . r _ �� ice, �. ��(yca6a -�►a� , G��. (r'V�. �( a. 3 . -rail- l ems` _T* ottl er 4. 5. 6r 7. 8. 9. 10. CITY OF CHANHASSEN 11. - ,IU1.301981 12. COMMUNITY DEVELOPMENT DEPT. 13. 14. 15. (Use Additional Sheets) I hereby declare hat all statements made this request and cA the - additional mater. I are true. _ Signature or�Applicant Date Received by title Following to be filled out by Administrator CHRONOLOGY DATE BY Application on Planning Commission Agenda Planning Commission Postponed to Planning Commission Action Application on Council Agenda Council Postponed to Newspaper Publication Adjacent -Property O;mers Notified. Public Hearing- ouncil Action Building Department Notified Applicant Notified Adjacent Property Owners Notified Filed with County Planning Commission Recommendations On this day of ,1.9 this petition was (approved), (disapproved_ subject to the fo]-lowing conditions: Chairman of Planning Commission Action by the City On this _day of (approved), (disapproved) conditions: ,19 the Chanhassen City Council this petition, subject to the following Mayor Attest City Administrator -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 ini Address: 100E5 VW W�Vqk �V, e;;(M 73W ii Y2 ,/'�. � -21 Number'and Street city State Zip Code w Q�Yt�j ICA r jam- vzt ^ ©r Ov stme�N i ►Aa 1 "teA A ztf aeW Name, Address and Signature of Abutting Property ners. e � v 2.,1 3. 4. 5./ 6f 7. 8. h V_ l 9. 10. 11. 12 . Lkj 14. (2a ,+ CT35 Use Additional Sheets) i hereby declare '--hat all statements made this request and on the additional mater I are true. Signature of Applicant Date Received by title Following to be filled out by Administrator CHRONOLOGY' DATE`" BY Application on Planning Commission A enda Planninq Commission Postponed to Planning Commission Action lication ofi Council Agenda Council Postponed to Newspa per° Publication Adjacent -Property Owners Notified. Public Hearing. ouncil Action Building Department Notified Applicant Notified Adjacent Pro -pert Owners Notified Filed i•.Tith County Planning Commission Recommendations On this day of ,19 this petition was (approved), (disapproved subject to the following conditions: Chairman of Planning Commission Action by the City On this day of ,19 the Chanhassen City Council (approved), (disapproved) this petition, subject to the following conditions: Mayor Attest CXty Administrator Planning Commissi Minutes May 13, 1981 Page 2 Sketch Plan Review, Quady Property, Tonka West Properties, Inc.: Mr. Waibel read his Planning Report to the Planning Commission. It was indicated that this request. first came up in May 1978 and then.revised in April 1980. The Planning Commission should review the.intersections of the different proposals. Mr. Hess, the developer, stated that he would like to get the input from the Planning Commission to see how they feel about his request before he goes on with the plans. Mr. Hess explained that in View B the lights wouldn't shine into the windows of the house at the end of the street, Plan 4 doesn't create unusual shaped lots, has a steep grade but could attach to Nez Perce. Plan #4 has a T intersection shown to discourage fast drivers. Mr. Hess stated that he would like to move Narcisus' center line to the south to make lots 1-5 larger. Mr. M. Thompson asked how many lots were being proposed? Mr. Hess answered 29 lots on 10h acres. No adjoining property owners came to the Planning Commission meeting tonight. Mr. Waibel indicated that this street could take some of the traffic that uses Pleasant View Road to get to Hwy. 101. The Planning Commission want this street to be a city street and not a collector street. Mr. Waibel explained that any - road that has 1,000 trips times a day is classified as a collector. Mr. Partridge asked if the jog in the road was to prevent traffic from going 50 mph. Mr. Hess indicated that it was. Mr. M. Thompson asked staff what the.road width would have to be. Mr. Waibel indicated that they would have to have a 50' right-of-way -.n--. The request would be considered a replat since the property is platted already. Mr. M. Thompson asked why the plan shows the neighboring property in Mr. Hess's plan. Mr. Waibel indicated that the reason is to show the possibilities for the future. Doesn't want to create a street that will impose hardships for the other property if they want to develop their property in the future. May 13, 1981 Page 3 Quady Property Mr. Partridge asked staff if it made any difference if the proposed road was lined up with Lake Lucy Road or not? Mr. Waibel indicated that whenever possible they should match up roads,aligning the proposed road to Lake Lucy road wouldn't necessarily create a negative impact. The concensus of the Planning Commission is that 5 members want the roads to line up and Ms Watson indicated she is against the idea. Mr. Noziska indicated that he would like to see a compromise between the two proposed plans for the attachment to Nez Perce. Wants to see a 900 intersection. Mr. Hess asked if he could connect Nez Perce with Narcisus to have a curve instead of an intersection. Might possibly have to modify the end of Nez Perce somehow. Mr. Partridge asked Mr. Hess if it would be possible to connect the two cul-du-sacs. Mr. Hess replied that it would be expensive, the soil is bad and there are underground sewer pipes located between them. The Planning Commission is not looking at this road as a saftey valve for the western half of Pleasant View Road. Mr. Partridge indicated that he would like to see less lots. Ms. Watson asked how deep the lots are? Mr. Hess indicated that the are approximately 130 feet deep. Mr. M. Thompson asked what the terrain is like? Mr. Hess explained that the terrain is rolling with some open space, some is wooded. Mr. Hess stated that a custom builder would be building the houses. Ms. Watson suggested that the lots be somewhat similar in size as the others in the area. The frontages are the same. Mr. Waibel asked that the Planning Commission encourage the applicant to work with the staff on this request. Replat Request, Lots 16, 16, 17, 27 and 28, Minnewashta Creek 2nd Addition, Remarco Development, Inc.: Mr. Mertz explained that this item is a sketch plan review, the applicant has approval for duplexes and is asking the Planning Commission if he could have townhouses instead. Council Meeting Novembe;•16, 1981 1*'� -2- Councilman Geving - That's my one concern when we give up property like this. Councilman Neveaux - As I understand it we are not going to vacate all of that northerly road, We are only going to vacate it up to the area between Lots 8 and 9. Russell Larson - That's correct. Councilman Horn - Would you point out on this map Bob, exactly what we are talking about. Bob Waibel - We are talking about, in its entirety, Narcissus Road. Summit Drive from Western Drive north to'Narcissus Road. Maple Road from Nez Perce to Summit Drive and the road designated as Road as part of the Vineland Plat from Lot 9 west to Powers Blvd. Councilman Neveaux - On vacation, half goes to the property on one side and half goes to the other, right? Bob Waibel - Part of the purchase agreements, as I understand it, would be that Carver Beach Properties would purchase the vacated rights -of -way including the properties that are owned by Owens and Troendle along the northern tier of Carver Beach plus the vacated rights -of -way of this road as a part of Vineland Plat to make up the 10.7 acres within the entire plan. Councilman Horn - You mean we are giving this property to the Owens and the Troendles and the developer is buying it. Bob Waibel - The plan that you have been reviewing which was based on the July 6 preliminary plat did anticipate the purchase of this northern section. The property would be purchased and the vacated portions of the road would be purchased to make up the entire boundary of this plat. Councilman Geving - Why is it being handled this way? Why couldn't we sell it? Don Ashworth - We have consistently looked to insuring that roads are set aside to carry out overall plans in this area. In any type of a vacation request the city is receiving back the right-of-way for the proposed road systems through there. It may or may not be a push situation but you are looking to accomplish an overall road system. I have never '- seen a city become involved with a sale to one person anticipating something back. Russell Larson - Actually in this case you are really trading roads. Councilman Neveaux - These have always been paper streets. There hasn't been any City involvement with any expense of any kind as far as maintenance. Russell Larson - My only point in bringing it up is to take special pains that the correct legal description of these vacations are included in whatever action you might take and that there be specific consents from Mr. and Mrs. Owens and Mr. and Mrs. Troendle with respect to Vineland. There being no further comments, Councilman Geving moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Hearing closed at 7:50 p.m. CARVER BEACH STREET VACATIONS: RESOLUTION #81-396, Councilman Geving moved -the adoption of a resolution approving the vacation of Narcissus Road, Summit Drive from Western Drive north to Narcissus Road, Maple Road from Nez Perce to Summit Drive and the road designated as Road as a part of the Vineland Plan from Lot 9 west to Powers Blvd. A special dated consent to the vacation be executed by Mr. and Mrs. Joe Troendle and Mr. and Mrs. Arthur Owens. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. REGULAR CHANHASSEN CITY" COUNCIL MEETING NOVEMBER 16, 1981 ayor Hamilton called the meeting tp order with the following members present: Councilwoman 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 present: Don Hess, Landplan, Inc. Adrian Johnson, 20565 Carson Road, Excelsior Joe Troendle, 1015 Pleasant View Road Howard Noziska, 1120 Hesse Farm Road order with the following interested persons 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. Planning Commission -inutes June 24, 1981 ._ C_ Page 3 Hobbs, a neighboring property owner, indicated that he would like to see the lots about the same size as those in the area. He likes how the proposed road is going to line up with Lake Lucy Road. M. Thompson indicated that he would like to see larger lots because more of the area around this property is larger lots. He asked if Mr. Hess had talked with any of the neighbors. Mr. Hess indicated that he hadn't. Mr. Hess indicated that if Summit Drive were vacated he could take out lot 20 and make the other lots some larger. If the road were not vacated he would be loosing a lot plus having to pay for another road. Hess explained that because of the cost squeeze there is a trend coming with smaller lots and larger homes. M. Thompson indicated that the area has at least 20,000 square feet and up, he would like to 18,000 square feet minimum. Hess stated that economically he didn't know about fewer lots, but he indicated that the area with the 11,700 square foot lots would not look bad because they would be shaded with trees. Watson stated that she would like to 20,000 square foot lots. Conrad was concerned about Lots 25 and 26 if they are buildable? Noziska.indicated that Lots 25 and 26 would have to be looked at by the Engineer. M. Thompson made a motion to allow 16 lots on the north portion and 2 more if the south section is buildable. Motion died from lack of a second. Conrad made a motion to allow 18 lots on north section. Seconded by Watson. Conrad, Watson and J. Thompson - aye, Partridge, Noziska, W. Thompson and M. Thompson voted nay. Motion failed. d J. Thompson made a motion seconded by W. Thompson to allow 20 lots on the north section with an outlot. J. Thomppon, Noziska, Partridge and W. Thompson voted aye and Watson, Conrad and M. Thompson voted nay. Motion carried. Review 208 Water Quality Management Plan Amendments: Waibel indicated that the Mayor is going to send a letter regarding this matter to the Chairman of Metro Council. Waibel read the Planning Commission parts of what is going to be in the letter. The Planning Commission endorses the letter being sent. If Planning Commission _inutes June 24, 1981 Page 2 Conrad asked if Victoria's bike paths will line up with ours? Waibel stated that Chanhassen doesn't have any bike trails planned for that area and there are no plans to join them. J. Thompson made a motion to have staff send a letter to Victoria including the comments from the Planning Report. Second by M. Thompson. All voted in favor and the motion was carried. Review Proposed Amendments to Carver County Comprehensive Plan: Waibel indicated that with this plan Chanhassen can use their Regional Parks. Watson stated that Carver County shows Hwy 5 as a minor arterial, Chanhassen would like to see it as an intermediate. J. Thompson made a motion, second by M. Thompson to have staff send a letter to Carver County and include the comments in the Planning Report and the comments by the Planning Commission. All voted in favor and the motion was carried. Sketch Plan Review Continuation, Quady Property, Carver Beach Properties, Inc.: Waibel read the Planning Report to the Planning Commission. Mr. Hess, representative for Quady Property, stated that they do not have a topo for the property yet but it will be done in about 3 weeks. Waibel explained that Lots 25 and 26 are prominant run off areas. Waibel suggested that Lots 25 and 26 could have a man made storm holding system put in or the lots could be left as is with no development and be used as a natural holding pond. Also erosion control will have to be look into. Waibel suggested that the pedestrian path should be vacated from were it is now and moved to be next to the road. Then later the path could be joined with the paths on Kerber Drive. Hess indicated that there are sewer assessments on Lots 25 and 26 and drainage could be put in. Also there is a road access to them. Hess has a 40' right-of-way on the sketch but it could be changed to 50' if that`s what the Commission wants. Watson stated that she feels there are to many proposed lots for such a small area. Hess indicated that originally he had pro- po.-ed 29 lots now he only has 26 lots.