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79-01 - Christmas Acres PUD pt 1-4 Cf 7 T 7 T yp—y, r) s o 'hat 0 t7 �l r' atever. they, a -:1,ce to !Dj t C Tz trn tu!nelse C--nantls. n a mr� eMr teclp rnl-c�il ol l ..n ts liken t,) 4 t,b P rl T T r! 4 tr) this m:uteri �l Gordon Freebur'g-One cmestion, 7---u '.h-t -.-7e hI-entt --;-r the past allcT-.Teri a striictv - vUr on the beach -nrea. T-s this f,r honeo-,-,TnP-"faSso � —tion, or G ty or an SUSS T,n-rcn -5 to ri knowrl ed; e , -ordon Freeburg of T.,+. I -The oTmer I'd not builld one do-.--n therend -1eas.e Jin veyer Julius, you 7;.qnV-,-, -at the,r are a-Ilowed one licensed, boat, blit that ,thecan rrot b! the -,',.ere? julius S"Pli t'-- -n ull - -ht i 7,1� oe-V- e -- e is nobeach Jim. Mpe y- T,e -ep!e T,10 ,7e ` cS o te can not d-O--nn t er-? T -To- !nre 7roU to enfo-that? T 1-!.; 1 4 S SM4. U-h - i -at tl can. 7-71- -le c7e-elo-'P-rp, ari�, irter--.-`I-e�3 4-n. Pr)r7 uhe�, 4 interesi,-e-1 lnavin�7 ?. be-ach Vnere- The `-aferre;` actuall-N sunder th L e t Ix)ats theree the -,rl� ,Irmlnrd on j.T nents -r-, C,:lve-ants j-7;re I -e!T!7 t,an th-1se 1; - I -1-Iner reStC+, r4 . -L.- 1. -L!3 .; i.- r ! o,,,, 1,1. C 07n On n a!7 t1lat been 6etzirrr-Jne-rj? I -LU., 14 'T r.ve- th' 'n-I been �)reslu-q f 1-1-a-11F 45'— be ar a. r I !n Irre. T. rl-n nI -I. 'rnoi, 11 a t :-)fen I)jr- 4-L 4 rde e,� "ITC. e --ziq7j, hy,the 'i 'i �e �e�3 e un roiTi 61,t9' eyq -n ^t^ e7ler--cne -i o -I- U 7-- ')70 + mn W -n njCv�- "0 L C'. e e one comir ;7,n e 1 --'n !_ 4 J- + rtlett e t - 'ToUl I a s :,,,r as __j_ c-i ever. �arther c a m---ber of -tC,h- c.",= Str -^I_p nti on !3.nri. tu _n t e hat )l -more -real o.f' :�.-._-C.fcrence, ns n-m-,are-, ­Je 74­.ht 9 e e, e Y) �'l 7,- zlit`n ti.-e )l �� n -h--" had b:�en dr, ,i­ or t T p thir'�- 1-�hat lriave �ione :?.Yl e.lroellent Job fnr t--e !1-7- on that 1 qff e L:;erson­,T11, I ap.­reciat4- e it very nuc- '�o o c p + a9z beir, P c-eneral consensus of tl-e �t�,soci.a` nn -to- Can 1 . L . q!-,l n I .-I?' c �l I __ _ - U;- 7— -P.— vn­ i certai n� 6 c n 1 -1 -. f7 e., i fo r t1le assoc�_at-o-n T �m ­-�e-).,<! ")n 'i - ­1 _. I.. _ self but as a ne 4. ghbor T so 'hanhaqsen resi dent, T th�ojffh -TI 7 I T )II1.1 - zake that n . L, 7'on T aSslTme that evez7.7-orir.� -.p_re(,-;.-^tes the 'rn-e-r T al -so ifve o- -1 ­ - '­ I _s'ijas T To -pealc for th-ose -.,�ho - la-- unicrie na.l,re of st j.') ',._CB. ..Tbe d:Dntt under- st-and i_ o ? " -1 1 acl of ncierstandin.­. -ro-, T olA h a c-)n--er-,. rl`lio�re n.re on t`ie 1 - a'-c-- ­Tho use the iTater 'is d1rin" --!flter, the 7Ka-le T '-ic�.-en to be Dne of those am verr c,-�nc_erned gbout the --l" t'ne wAer. T think pio"e boats on the -1511le -;f:z a roncerr. -,--.n- to linve -a b-;rr- lyr,--� on't 'no---, act on the '­�t ' 4!3 d. b 1-ake, it is -D.f real (-,crr_-ern to -I e _nd I hope ti_� the T F; -1 4 =lnn? '!-iLnl� ir (,.-:)7.cern is -.e. T-p q 4-1 -re years -Ir 3 t '.Mn 4- 4 Mn 9 J H "ate 7,7!-- -ower f f 4- J- + -)e a'-e d OU ulm1., o V 5 S 7" 12 -11 c",li,rlrer tha� nrp learni—, 1-ow t c, T, �r ­4 th :7-,- , - tl-� a- , . _­ fre t-oin- to 1 ­-'er art. tv -f-P 4-liat -1 e 4- .e, I f T.jp c 0 -o- n;,, about tkill­­: off that I !a T U. -1 D n r fe ke, T Dec ,",c ches F) oTib I out ev­-i7- t-'_jme -C i_t -'ard -f T Ice 10 ad,reSs the-e,) )I e fr=.. 1 4 T^1cp_ T-ne renson T, t ­e d-; -` thi S partl­ �,Cormmi-. T, for`fur,_,-00 C) . 3­ t1le 4 mne -,.•e e ct�qts 4-te-eSt COS+_ r e l eat te Cn^!ni S S, :I- -.--e _•e ":rA3.t s tl-ie 7mlue of a piece cdf ­--o n, + TVe S- to T-1 e? Nct ­er, milch. '.P, T, :7re _K Tf' t '�c c. e 11-� -7-cts P.rerft 1-ort" 7roj-.T vj-0, L 7, n(l -,�7;1 Cn� -he -)n •T - Flnted t:` re s 4- -r4 C. I .-nu -.re :5) .o tha n 4 T onij� T _)Uld. �_n �Tr �l (I n-1 -.1 t, + -T -r(� T, o+ 11 1-4 (,p 4 t T ber the r)r-*_,-`_-.-1 ..n i.'k ,%nas -,-Ou -un-cl-ase it- i_'r-_- 'T T, ^ra io. -Z n - ! , . , .1 T, enl 'JI. C .e )�!34 ,". 7'��"-L -1 -'!-T',, so oiir o-;'---)n tonic j­.'ITJT i '.'T t 4- en? 7�­Oc"-, ':` rd 0. C,or-,-�on F7'.7plmi­ "o-i e.--t- c-I c lherari —7. qt! on sin cond­i '-3' tmr :ill om-,scnt end A d-Lscuss ^r of the :revlol_�Ls :-.­ablic "near-1—:, t'ien tcok ce. c F ;Z'a+­:-! ti­iat -"-ere 7-re - ree 4 !7 4-c be arl.r­ire�-,-�7-ed. The first i-7, tl:�e cove- qrt�-, one n-,- 'I-,e -r`timal _91199 + nre�is 'ne 4-Jnat- ar-em. T,"e Clutlot D-nd I thinl.�' Vie Jf�__­t T,..Te 4__ 111,p .- �­in- I,,­.-,n _aionr T nr T -4- 9 -1 6 7. U , caseme '. ­--;__Ied -_;Mto -'C.hat C j.S_USS46. e . _. - - f-in be A. lock . I Czor.,-Ion Free'(112.- - T concux, tl:n.t `U,-at -,-erj. is not ­Tould sa-!,r +,Irlat ;�IMT ",?Ck or -noes �r Of th2t nature, but noth a bi,,-_; I r)T- 1 -:7 �)ointec,',. out v;:�Y-i s-.oec-;_ fic-.1.1- in 'lere that It `..q nnt beach, T 1-1 - n1c It -Cor 7�-:O_­. - -,. J� V,.e novenants- -.re e -To r c e d i tu there. zron Enforce.-nent CM9. _l� nCt4: j je(7: of a r 7 -h _nne.fit�e-' -r1u7 t .e covnnr.n� j ri _z7pinst someone --a-te s thnrl. 11"01-1 ­­,t Inj �j 'r 4- .l 7 ju, c. ..!-e:P the offen-. narty f:�nn e• --p Vint 7 C,3 �-!C ,=e act ­h- do 1­), tenn!S o-f th- c,­ii­-,a­,+- _+' 1',4 -,rrpi :1-pe concerred about tl- area ­,7n I- r! -cti,-,n :ue- ca,M,mnn 7; t­e cl.-In er --tain e e.r t -a;.-q­­n-e —ref + --e 7,Te r - 0 J.- m t4- Till 4, I'llnesn + y-! zi.-e t(, _n o -P + 1- 4 n � t.7 c in he ­c-rncl_. be f-� et �4 e c­er�n+s. n - t - n"- p,7 na-Ir i)il I1 C11- 1the- T7 • -2-c7 1 -7 4 1 7 -,4 1, 4 n n n + mr. -1 4 "o -I.,- ("_I. 1, a 4 4- -P T cemforta'o).e 1-71th nt j 7, C C, C 1 714 + 4- 1,ci n n-fl 4-1 T V'+- 7' -1-Ine i-F' 4­ -0� -n r7 r Abe'. - T- yi.-- T- a c la'�:efronu c so --e a- e, r c o, i 2 si 7 M t ral --catc its- -�T,Tn he e C. c c- 7 r) e .1 . )7 —+,-On!�l C. a,edet.)licht +1 n�r, o r�:J.TntD)�s ia bliT b-ini --OJa have ,I ock. er, n rg, .7 V- e L3�,�Tenson 71,ou C, Al-ck. ij-, n -I-I fL c DA mt a cc=o- be � n �.,r * C L- * 4- 1- ?,, 1 4 s belt, th n ,11C -3r Jrf=72` t n 'Jalte.- Thompson-T 4- i-..re -Ionan ?-occ - Can -:e �zer,-; bacic the r.s�ocialu-i-n. mectin.g. llt",.In--. -On core 'Ir) ­4 th -- tlha-lu- Ta6? Fcmp th-t V-1 corfc-rt-b T thIr'- T-e cr%n -rocp�-,! �17-=,- th the -t-er I tems �n tlii s 1- sc-'s9i -n ,.a4 f 4 -!D. rr-, i-4.on to + - U . all t P.1 —U 4- p c 1, 4. r7 e -1 -P r-cl 4-1'-- le` c-th of '-':Ie ALon". eC-14 1, 11 l 11 �,-7-1 ae't, I 7"N'll0t-n4-4 -f 17 -4- ' T T in— -e + -e t4 s 7 V, e e -)c out c, c 2 e C + n ? -n, ne4- 7-7:�',nt -7 "Op 7M-1 A.e ._'-c n ".b rT T T.oT., 1 4. it 7� P- t f n T4 77 2.- _r a T., 0 T, T _lor= --locs ­e —Te ­ec^l7.—C7e fI 7-ni c 4 P Vnere _!n_5 rl.n s, r ^r n - Tlha+, 11-, nefore, I 1.00ker7 -.t- tLA-at. 4-,n-;- �4 cul ri- on.,;n POOS - 9"D j-.-jjj 5; _n 0 c u T.7 0 "'DI-1 + .sernent ­;.­r1_-­.- -1 o- -n t f+' -Te, sT ei, -,,:s,mac ­ents ei,;T.rn Vnis if T � `_ n 'I — + I, a., f •4 A lot!711 c t h a t -,.Te Cr: not, mc__c, crr,�7­.-ot-, --d- rest-"ictions i en. s e 3, 4 rev Crm--1Jt`.o-n.a1 Use _u 4­1 7. 4 4- -4 4- c ­a��,n ch 2 to s t-.`,ie c-,,.rerant S _rm l, cz 5-� �j T_ rj 4- ncz 7 -C n ti—e -S �1: TTza n3 1- 11 ma t 1 4 -1 rr , 1 n f-Inl- �iefl it in e rF, 1-e J-.-.�7­01,- tl^e c- 4- 1- + ".-r -P+ j^ r 0 14 0 on 'J c c� 7 d ­,%m 7­, e _ i^ �11. z, t Council Meeting May 7, 1979 =-a Councilman Neveaux moved to note the April 4, 1979, Planning Commission minutes. Motion seconded by Councilman Pearson.. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. LAKE MINNEWASHTA: Mr. Worm called the Council's attention to the high water level of Lake Minnewashta and asked that the outlet be checked. CHRISTMAS ACRES SUBDIVISION AND CONDITIONAL USE PERMIT: Mr. William DJar is requesting to subdivide approximately�.11 acres into seven lots. The Planning Commission recommended approval of a beach easement and that the dockage issue be agreed to between the applicant and the Christmas Lake Homeowners Association. They further recommended denial of a gazebo to be constructed on the beach easement. The City Manager explained the sewer and water assessment procedure for this proposed subdivision. The city would calculate the amount of the assessments outstanding and put those on the assessment rolls on an individual lot basis starting with the next certification for the remainder of the bond issue. Councilman Pearson moved to grant preliminary plat approval with the proviso that no alteration is to be made on the 15 foot beach easement except upon issuance of a separate conditional use permit and that 27 the recommendations of the watershed district be incorporated into the development contract and that assessments be certified this year. cc, Due to the dramatic relief conditions on Lots 3, 4, and 5, all building plans for these lots be certified by a registered architect or engineer. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. h-4 HIGHWAY 212 STUDY COMMITTEE: Councilman Neveaux moved to appoint the following to a committee to review alternative alignments for Highway 212 and to narrow these alternatives for analysis via an hc. environmental impact -statement: 1. Nick Waritz or someone from the Bluff Creek Drive area. 2. One Planning Commission member. 3. One Council member. Councilman Geving volunteered. 4. One member of the Chamber of Commerce. Motion seconded by Councilman Matthews. The following voted in favor: LE Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No D1. negative votes. Motion carried. HANUS CONDITIONAL USE PERMIT: The Building Inspector has reviewed the conditions of the permit and visited the site. nL:# HANDICAPPED SCOUT--WEEK::-Mayor Hobbs proclaimed the.week of June 4 as Handicapped Scout Week. Local scout troops will be holding a paper s, drive during that week for the handicapped scouts. A copy of the proclamation will be sent to the Chamber of Commerce for their support. 1L CONSENT AGENDA: Mayor Hobbs asked if any council member wished to e4 discuss any items on the consent agenda. Item b. was deleted from this agenda. Item e. - Shore Acres Sanitary Sewer Project, Terminate Contract will be on the May 21, 1979, council agenda if work has not been completed. As no additional comments were received, Councilman Geeing moved to approve the following items pursuant to the City GLENN FROBERG ATTORNEY AT LAW 17736EXCELSIOR BOULEVARD MINNETONKA, MINNESOTA 55345 TELEPHONE (612) 474-2100 September 30, 1985 Ms. Barbara Dacy, City Planner _ City of Chanhassen 690 Coulter Street Chanhassen, Minnesota 55317 Re: Lots 1, 2, 3, 6, and 7, Block 1, Christmas Acres Dock Access to Christmas Lake Dear Ms. Dacy: This will confirm our discussion today regarding City approval for docks installed or to be installed for use by property owners of the above referenced lots. It is understood that a four -boat dock to be installed at the foot of a common easement on Lot 3 for use by the owners of Lots 1, 2, 6, and 7 has been approved by the City pursuant to the site plan for Christmas Acres which was approved by the council on May 7, 1979. It is further understood that the owner of Lot 3, who has maintained his own private dock on Lot 3 for some time, will be permitted to continue to utilize his existing dock without further permission from the City. This situation will result in two separate docks being constructed on Lot 3, without any additional action necessary on the part of the City. Should this understanding differ from the City's position in this matter, please contact me immediately. Very't my yours, ✓/ y NN NCR BERG GF:dmj cc: Barry Calhoon Julius Smith, Esq. Ci-ly QF 0HANHASSEN aEgCENSD ou 2 05 CHANNASSEN PLANNING DEPT. MEMORANDUM CITY OF - CREASSEN TO: Christmas Acres File 7700 Market Boulevard FROM: Terry Jeffery, Water Resources Coordinator PO Box147 Angie Kairies, Planner I 01�anhassen, MN 55317 DATE: June 8, 2011 Administration Phone: 952.227.1100 RE: Christmas Acres HOA Lake Access Findings of Fact as it pertains to dock Fax: 952.227.1110 configuration. Building Inspections Phone: 952.227.11800 This memorandum is intended to itemize the facts surrounding the Christmas Acres Fax:952.2271190 Homeowners Association Lake Access as it pertains to the dock location and Engineering configuration. This is not intended to address access or other issues surrounding the Phone:952.227.1160 property in question. Fax: 952.227.1170 • 2/12/1979: Within the petition to subdivide the discussion revolved around Finance allowing a walkway and a "finger dock". Fone:952.227.11 Phone: 952.227.1140 • 2/12/1979: Within same document discusses one common dock for Lots 1, 2, 3, 6 & 7. This is equivalent to the Declaration of Covenants, Conditions and Park& Recreation Restrictions recorded in March of 1980 which also stipulates docking for five (5) Phone: 952.227.1120 17-foot boats. Fax: 952.227.1110 • 4/25/1979: In a meeting of the Chanhassen City Council; Roman Roos "I'm okay with four feet wide." Clark Horn concurred that moving from 3 foot width to a Recreation Center four foot width was fine. 2310 Coulter Boulevard Phone: 952.227.1400 . 3/23/1980: Section 2 PERMITTED USES, paragraph (d) of the Declaration of Fax:952.227i404 Covenants, Conditions and Restrictions states that "all uses of the property shall comply with the single family residential regulations as set forth in the Planning & applicable provisions of the ordinances of the City of Chanhassen. Said Natural Resources regulations shall govern if inconsistent........" Phone: 952.227.1130 Fax: 952.227.1110 • 10/4/1985: Amendment to the Declaration of Covenants, Conditions and Restrictions removes Lot 3 from the common dock usage leaving lots 1, 2, 6 & 7 Public Works as the parties utilizing dock and allowing for four (4) 20-foot boats. 7901 Park Place . 9/30/1985: Memorandum of Understanding between Barb Dacy and Glen Phone: 952.2271300 Froberg stating the same and that lot 3 can have their own dock. Far,: 952.227.1310 8/24/2009: Court findings of fact stipulate that there has consistently been one (1) boat lift from 1994 to 2006. Senior Center • 8/24/2009: Court Conclusions of Law #6 specifically says it will not determine Phone:952.227.1125 design of the common dock as it will be subject to city or DNR regulations. Fax: 952.227.1110 Web Site Staff has concluded that based upon the language of the Declaration of Covenants and www.ci.chanhassen.mn.us the court ruling that the association is entitled to a dock in the 15 foot easement area and are allowed to dock four (4) boats at this dock. The property owners are not granted the rights to design a dock that would not otherwise comply with City Code. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow O A 0 n ILA m m � 0 C K m > .c Cr s m O a o O 3 m m m 1 o ID i mM� � a ' N m � � m N N N W N %D -� F-' lD kO Q 1, ] tri STATE OF MINNESOTA, COUNTY OE CARVER Certified to be a true and correct copy of the original on file and It record in my office CARL W HANSON, JR �County Pecorrtfet ; Registrar of Tities , Da" MEMORANDUM The parties have properly cited the relevant case law in their memoranda to the Court. To prevail in this request for a temporary criteria set forth at page S of Plaintiffs' Memorandum. Plaintiffs ainfiffs thae not the five established, based upon the record before the Court, that the proposed development of the easementproperty will result in irreparable harm or that they will have a likelihood of success on the merits. For these reasons, PIaintiffs' motion for temporary injunction is denied. K.W.E. by sending via facsimile to the above number and also sending via United States Mail, and depositing same in the U.S. Mail at Minneapolis, Minnesota, postage prepaid, in an envelope addressed to the above -listed person at the address shown above. I ^ I %/ Subscribed and sworn to before me this 1 l"h da of June, 2008. Notary P lic 2 /q 79 CHRISTMAS LAKE STATE OF MINNESOTA COUNTY OF CARVER PALED ucl 0 g -10 GAMORct7UK" GQUB*r5 Christine M. Haissig and Wesley J. Hawkinson, Plaintiffs, VS. Barbara A. F. Odom and John H. L. Odom, Jr., James B. Green and Christine Z. Green, David A. Beddor, Marilyn A. Beddor, and the Estate of Frank Beddor, Jr.,. Defendants, DISTRICT COURT _RM CT 7i rr)rrr e r MQ-m rnm Case Type: Civil Other CourtFile No. 10-CV a8-904 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The above -entitled matter was heard by the undersigned August, 2009, at the Carver County Judicial Center, as a court trial. Plaintiffs appeared through their attorneys, Christopher P. Parrington and Benjamin R. Skjold. Defendants Barbara A. F. Odom and John H. L. Odom, Jr. appeared through their attorney, Matthew H. Jones. Defendants James B. Oreen and Christine Z. Green appeared through their attorney, Julian Janes. Defendants David A. Beddor, Marilyn A. Beddor and the Estate of Frank Beddor, Jr. appeared through their attorney, Stanford P. Hill. At the outset of trial, the Plaintiffs brought certain motions in limine by which they sought to preclude testimony or evidence beyond the four corners of the easement document, arguing that the easement language clearly defined the parties' rights and limitations. The Defendants opposed the motions, contending that the easement contained both patent and latent ambiguities which required the Court to consider extrinsic evidence of: 1) the easement drafters' intent; 2) the parties' historical use of the easement; 3) local custom and usage; and 4) the nature of the easement property. The Court ruled as an initial matter that the language of the easement, and amendment, contains either patent or latent ambiguities on the following. - a, Whether swimming is allowed from the dock; b. Whether the easement owners may utilize boatlifts for their boats; C. Whether the easement holders may access the lake and perform maintenance on the easement corridor using small motorized vehicles and may pave a path approximately 5 feet wide in order to support that traffic. The Court was, therefore, required to go beyond the four corners of the document to take testimony and receive evidence of all of the circumstances surrounding the easement. Based upon the record and arguments of counsel, the Court makes the following: FINDINGS OF FACT Plaintiffs own Lot 3, Block 1, Christmas Acres, located in Carver County, Minnesota, having purchased the property in 2004 from Tim and Terry Foster. 2. Defendants Barbara A. F. Odom and John H. L. Odom, Jr. own Lot 1, Block 1, Clu-istmas Acres. 3. Defendants James B. Green and Christine Z. Green own Lot 2, Block 1, Christmas Acres. 4. Defendant David A. Beddor owns Lot 7, Block 1, Christmas Acres. 5. Defendant Marilyn A. Beddor and the Estate of Frank Beddor, Jr, own Lots 5 & 6, Block 1, Christmas Acres. Marilyn A. Beddor and her husband Frank Beddor, Jr. owned all of e props wt Chu-istm��d-mused-it-to-be-piatted - - espy of the plat of Christmas Acres, Carver County, Minnesota was received as Exhibit 1. 6. Three of the lots have lakeshore frontage on Christmas Lake; four do not. However, the Beddors recognized that access to Christmas Lake was a prime amenity. Accordingly, in the Development Agreement (Exhibit No. 3), the Beddors provided the four non lakeshore properties with a 15 foot wide access easement to Christmas Lake along the boundary of Lot 3. 7. At the time that Christmas Acres was platted, Marilyn. A. Beddor and Frank Beddor, Jr. caused the preparation and recording of Declaration of Covenants, Conditions and Restrictions. This document was recorded in the office of the Carver County Recorder on June 19, 1980 as Document Number 47454. See Exhibit 3. 8. Declaration of Covenants, Conditions and Restrictions Section 1(d) provides: "Site" shall mean and refer to a single platted lot." 9. Declaration of Covenants, Conditions and Restrictions Section 3(a) provides: "Outside storage of any item shall not be allowed unless screened from view by enclosures or plantings which effectively screen such storage from view outside the Site. The design of such screened enclosure must be compatible with the natural character of the Property." 10. Declaration of Covenants, Conditions and Restrictions Section 3(c) provides: 2 `No noxious or offensive activities shall be conducted on any Site, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners." 11. Declaration of Covenants, Conditions and Restrictions Section 4(b) provides: "No part of the Common Area shall be used as a swimming beach." 12. Declaration of Covenants, Conditions and Restrictions Section 4(c) provides: "The Owners of Lots 1, 2, 6, and 7, Block 1, shall be allowed to keep not more than one licensed watercraft at the shoreline of, or at a dock constructed into Christmas Lake from said Common Area." 13. Declaration of Covenants, Conditions and Restrictions Section 4(d) provides: "The Owners entitled to use said Common Area shall maintain the same and any improvements thereon at then sole cost and expense." 14. Declaration of Covenants, Conditions and Restrictions Section 5(a) provides: "The standards set forth herein shall be enforceable by the Owners, their successors, and assigns, jointly or individually, for the maximum period allowed by law, by (i) injunctive relief, whether prohibitive or mandatory, to prevent the breach of or to enforce the performance or observance of these standards, (ii) a money judgment for damages by reason of a breach of these standards, or (iii) both (i) and (ii). " 15. Declaration of Covenants, Conditions and Restrictions section 5(b) provides: "The failure of any Owner, his successors or assigns to enforce any provisions of this Declaration upon the violation thereof shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation." 16. Declaration of Covenants, Conditions and Restrictions section 5(d) provides: "Any party to a proceeding who succeeds in enforcing or enjoining the violation of any of these covenants against a Site Owner may be awarded reasonable attorneys fees against such Site Owner and shall be entitled to interest at the rate of eight percent (8%) per annum on any monetary amount awarded from the date such amounts shall be determined to have been payable." 17. Prior to conveying any of the lots contained within the subdivision, Marilyn A. Beddor and Frank Beddor, Jr. caused the preparation of the Amendment of Covenants, Conditions and Restrictions For Christmas Acres, Carver County, Minnesota. This document was recorded in the office of the Carver County Registrar of Titles on October 8, 1985 as Document Number 44409. See Exhibit 4. 3 18. Amendment of Covenants, Conditions and Restrictions For Christmas Acres, Carver County, Minnesota Section 1 provides: "Section 1(b) shall be amended by substituting in its entirety the following paragraph, viz: `I(b). "Common Area" shall mean a 15-foot wide lake access easement over Lot 3, along and adjacent to the southwesterly and northeasterly lines of said Lot 3, and any dock which is constructed there from, which is for the comrnon use and enjoyment of the Owners of Lots 1, 2, 6 and 7, Block 1, of said Christmas Acres.' " 19. Amendment of Covenants, Conditions and Restrictions For Christmas Acres, Carver County, Minnesota Section 2 provides: "The first sentence of Section 4 shall be amended by substituting in its entirety the following first sentence, viz: `The Common Area Easement for the use and -benefit of Lots 1, 2, 6 and 7, Block 1, shall be a non-exclusive easement, for use by the Owners of said Lots for access to Christmas Lake, in accordance with the provisions of this Section.' " 20. Amendment o�Cav�Can Can on�c o1 nos an3 es , c ons For Cluistm�"ACarve: - County, Minnesota Section 3 provides: "Section 4(e) shall be amended by substituting in its entirety the following paragraph, viz: `4(e). One common dock, adequate in size for the docking of four 20-foot long boats, may be constructed from said Conunon Area into Christmas Lake; and the Owners of Lots 1, 2, 6, and 7 of Block 1, shall utilize said common dock." " 21. Amendment of Covenants, Conditions and Restrictions For Christmas Acres, Carver County, Minnesota Section 4 provides: "Section 4(f) shall be amended by substituting in its entirety the following paragraph, viz: `4(f) The Owner of Lot 6, Block 1, shall be in charge of and oversee the annual installation and removal of the dock hereinbefore referred to and the maintenance of the Common Area and, in the event the Owners entitled to use the same shall fail to install, remove and maintain the dock or Common Area in a reasonable manner, the Owner of Lot 3, or any individual Owner entitled to use the same, may expend such sums as may be reasonably necessary to provide the minimum maintenance of said Common Area and dock. Any such sums so expended shall be paid to the Owner of Lot 3 or other individual Owner who expended such sums within 60 days after the Owners of Lot 1, 2, 6 and 7 entitled to use said Common Area have received written notice of their share of such expenditure. Any Owner who fails to pay such sums when due shall not be entitled to use said Common Area until all such sums from him are paid in full.' " 22. The owners of the properties entitled to use the easement (the "benefitted properties") began making improvements to the easement in approximately 1983. However, at that time, the owners of Lot 3, Block 1, the Fosters, agreed to allow the owners of the benefitted properties to access the lake by using their paved driveway to the lake. In 0 addition, the Posters created a stone walkway to the lake along the easement close to the lake. No other improvements have been attempted to the easement property. 23. As a result of increased development around the lake and the resulting increase in erosion, the City of Shorewood created a holding pond with a drainage ditch running along the easement to the lake. During periods of heavy rain, portions of the drainage ditch fill with water and make the easement impassable. 24. Between 1985 and 2004, the owners of the benefitted lots installed a single dock from the easement property into the lake and moored one or more boats at the dock. Boating equipment, personal belongings, food and drink, and gas for the boats were transported to the dock using the paved driveway over Lot 3. Residents used the dock as a swimming dock. 25. In 1995, James and Christine Green began using a boatlift to moor their boat next to the dock. No one objected to the use of the boatlift. 26. At the and of each season, the dock and the boatlift were stored on the easement prepe-r-ty-or-Gn-a-porti-Graf-Low-adj.ac exi t-to_the_eas em P n t - 27. For approximately two years after Plaintiffs purchased Lot 3, Plaintiffs acquiesced in the use of their paved driveway to the lake as access to the lake for the owners of the benefitted property and no objection was made to the storage of the dock or the boatlift. During that time, Plaintiffs observed James Green moor a boat on a boatlift at the dock sporadically during 2004 and more continuously during the summer of 2005. No boat has been moored off of the easement and the boatlift has been stored on the shore since January 1, 2006. 28. In the fall of 2007, Plaintiff Haissig requested that the Greens store the dock and the lift off of the Common Area and offered the use of their driveway to accomplish the removal of the dock. The Greens agreed to store the dock oft' of Lot 3, but insisted that the lift remain, despite Plaintiffs demands. The lift as stored was and is visible from Plaintiffs' residence. The lift is also visible from another property adjacent to Lot 3. 29. Plaintiffs have never observed anyone swimming off of the easement or the dock. 30. Barbara Odom testified that during the winter of 2005/2006 her children attempted to walk down the paved driveway to the lake and came back crying because Christine Haissig yelled at them. Barbara Odom further testified that Christine Haissig told her that the owners of the benefitted properties could not use their paved pathway to the lake for access and that they could not use the easement to access the lake except to access a boat. 31. In response and in hopes of establishing a positive relationship with Plaintiffs, Barbara Odom suggested a spring clean up day to clean up the easement property and to establish the boundaries of the easement. Barbara Odom testified that Christine Haissig refused. 5 32. The owners of the beneftted properties clearly have not felt comfortable using Plaintiffs' paved path (not within the easement) to access the lake. The easement access to the lake is currently unusable due to the growth of thick vegetation. 33. In May of 2007, Plaintiffs met with some or all of the defendants and their architect to discuss improvement of the access easement to the lake. Plaintiffs were told that the anticipated improvement would require the removal of approximately 14 mature trees, the need for a construction easement on Lot 3 outside of the 15-foot wide access easement and a 3 V� to 4 foot wide path comprised of crushed rock, timber steps and wooden bridging over the drainage creek. 34. Plaintiffs objected to the damage to the natural vegetation, including mature trees and the intended use and storage of boatlifts. 35. After numerous discussions, Defendants indicated their intention to proceed with the construction of the improvements to the access easement largely based upon the plan presented in May of 2007. 36. In June 2008, due to Defendants' threatened construction of improvements to the Common Area, Plaintiffs initiated the above captioned case, seeking a declaration of the parties' rights pursuant to the Covenants, Conditions and Restrictions, as amended. 37. The Qdoms bought a boat in 2008 but have not used the easement or dock to access the boat. Instead they have trailed the boat to a public landing on Christmas Lake each time they have used the boat. 3 S. The easement along Lot 3 is approximately 720 feet in length and descends in excess of 50 feet to the lake. A substantial portion of the easement is located along a drainage ditch which has standing and moving water within it at different times of the year. 39. At the temporary injunction hearing, Defendants proposed a plan diagramed in Exhibit 11 and indicated that the three-foot crushed rock pathway could be constructed without clearing any mature trees. Instead leaves, brush and trees of a diameter of four inches or less would be removed. Two wooden foot bridges would be installed to cross the drainage ditch. At the time of the temporary injunction hearing, this plan was opposed by Plaintiffs. At the time of trial, however, the plan diagramed in Exhibit 11 was proposed by Plaintiffs as the least invasive plan which would serve to meet the requirements of the covenants and restrictions. 40. By the time of trial, Defendants had abandoned the plan diagrammed in Exhibit 11 and, instead, proposed a five and one-half foot wide asphalt pathway that would allow access to the lake by foot or on lawn tractors, four -wheelers or golf carts. Defendants did not propose a roadway that would accept car or SUV traffic. Various Defendants testified that a wider and paved pathway was necessary to: a. allow some form of motorized vehicle access that was necessary to provide access for adults accompanied by small children, persons that were infirm or injured, or by the elderly; b. allow some form of motor vehicle access to allow the delivery or retrieval of boating equipment, personal belongings, food and drink; c. be able to quickly respond to an emergency; d. provide increased safety instead of being required to carry equipment or belongings down stairs and on a rock pathway; e. allow ease of maintenance by allowing access with some sort of motorized vehicle to remove debris and by providing a surface that would not allow vegetation to permeate; and f prevent significant erosion that would otherwise result due to the steep slopes and common flooding occurring in and around the drainage ditch. 41. Defendants have not proposed a particular plan which clearly identifies the number of trees which would have to be removed to create a five foot wide pathway as opposed to a three foot wide pathway. Defendants did testify, however, that the number of. _ trees that would have to be removed would be identical for a three foot wide pathway or a five foot wide pathway if a bobcat was used for construction as the bobcat wou l need a minimum of five feet, and perhaps more, to maneuver down the easement. 42. The creation of the pathway will require significant movement of earth, the placement of compacted base, and the placement of significant amounts of asphalt or, in the alternative, the placement of a significant number of timber steps and crushed rock. This construction would be difficult or financially infeasible without the use of a bobcat. 43. The easement area is currently unimproved with considerable brush, immature trees and mature trees located thereon. Many of the mature trees are box elder, which are not considered locally as a desirable species. 44. Exhibit 15b shows that the boatlift and dock sections being stored on, or around, the easement are partially visible from the Plaintiff's home. 45. Defendants concede that the dock sections and the Greens' boatlift may have been stored partially or fully on Plaintiffs' property. W. Hawkinson agreed that it would have taken two men no more than two hours to move the dock sections and the boatlift so that they were entirely on the easement property. It is reasonable that this could have been accomplished for $100.00. 46. Defendants Barbara and John Odom claimed nuisance due to Plaintiffs' acts of obstructing free use of the easement rights and the comfortable enjoyment of their property. These Defendants did not claim any particular dollar amount of damages as a result of this nuisance and the Court will not enter into speculation as to what an appropriate amount of damages would be. N 47. Plaintiff Clu-istine Haissig testified that she wished to avoid the taking of any mature trees as they are often fifty to one hundred years old and provide canopy for natural habitat. 48. Marilyn Beddor and David Beddor testified that the south shore of Christmas Lake commonly consists of long, steep slopes and asphalt paths, similar to that used by Plaintiffs on their own lot, are almost always used to access the lake. These defendants also testified that boatlifls are the common means used on Christmas Lake for the mooring of boats and that the use of boatlifts an the Iake began in the Iate 1970s or early 1980s. These defendants also testified that it is common on Christmas Lake for people to swing off of their docks. Defendant Barbara Odom testified that the Fosters were her aunt and uncle and that she commonly visited the property now platted as Lot 3 and swam off the dock. 49. Marilyn Beddor testified that when she and her husband, Frank Beddor, Jr. arranged for attorney Julius Smith to draft the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions For Christmas Acres, Carver County, Minnesota, they never intended to limit the means —ofaccess-ttrthe-iake;-to-Ji mid the-removal-af-trees-to-aH--ow-use-of- ofhe-ease ent--or-to prevent swimming from the dock. She testified that she has an asphalt pathway down to Christmas Lake on her Lakeshore property and has always believed that to be a proper means of access to the lake. She testified that it was the intent of she and her husband that the owners of the benefitted properties always have the same means of access to Christmas Lake as did the owners of the lots located on the shore of the lake within Christmas Acres. 50. The Court received the AFFIDAVIT OF FRAM BEDDOR, JR. prepared prior to his death as Exhibit S. Mr. Beddor stated: "It was also recognized that Christmas Lake was the main amenity and that each lot should have lake access." Paragraph G. "The dock is for `common use and enjoyment' of the four lot owners. The intent has always been that the dock be used as any other lake dock would be used. While it was felt users could enter the water from the dock, the use of the shoreland for swimming was restricted." Paragraph 8. "The Calhoons used the dock since 1985, and the Greens since July 1995, for swimming and sunning from the dock." Paragraph 9. "There has been at least one boatlift on the dock since 1995." Paragraph 11. "The dock and boatlifts have been stored on the easement on the shore from at least 1995." Paragraph 12. H CONCLUSIONS OF LAW 1. The terms of the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota regarding the dimensions and manner of construction of a pathway along Lot, Block 1, Christmas Acres to allow use by the Owners of said Lots for access to Christmas Lake are ambiguous. 2. The terms of the Declaration of Covenants, Conditions and Restrictions and the .Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota regarding the manner of "docking" a boat along the dock or the shoreline are ambiguous. 3. The terms of the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota regarding the use of the common dock as a swimming beach are ambiguous. 4. The terms ofthe Declaration of Covenants, Conditions and Restrictions Section na}; "[o]utside storage of any item shall not be allowed unless screened from view by enclosures or plantings which effectively screen such storage from view outside the Site" are not ambiguous. 5. The Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not preclude Defendants from constructing a five foot wide asphalt pathway and necessary wooden bridges over the drainage ditch within the Common Area easement with the appropriate excavation and placement of a base for the pathway. The Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not preclude Defendants from removing brush, debris, immature trees and mature trees as are necessary and appropriate to remove to construct the pathway. All mature trees should be preserved where their removal is not reasonably necessary and appropriate to construct the pathway. b. The Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not permit Defendants and their contractors to enter onto that portion of Lot 3, Block 1, Christmas Acres that is not contained within the Common Area easement. 7. The Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not preclude motorized vehicle traffic as provided herein. It is not anticipated that this five foot wide pathway would allow access to the lake using cars, trucks or SUVs. Access will be allowed using golf carts or other relatively quiet vehicles. Vehicles causing more noise in violation of Section 2(c) of the Declaration of Covenants, Conditions and Restrictions, such as 4-wheelers or garden tractors, may only be used for the maintenance of the Common Area easement and to install or remove the common dock and boatlifts. Swimming by the benefitted properly owners and their family and friends from the canunon dock is not precluded by the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota. Swimming by the benefitted property owners is not allowed from the beach area within the Common Area easement or otherwise within Lot 3, Bloch 1, Christmas Acres. 9. Boatlifts are not precluded by the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota as a means of docking boats along the Common Area dock. The Court is specifically not determining the design 'of the common dock as there is no proposed plan to modify the existing dock and this plan may be impacted by city or DNR regulations. — --1-0. T-Ile-Declar-atiori-of--CovmaDu,Conditions.-and_Restri.ctions_and--thP Ameudmmi i,,- Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not prohibit the docking of a boat exceeding twenty feet in length but do limit the configuration of the common dock to one which is adequate in size for the docking of four 20-foot long boats. 11. The common dock and any boatlifts used in conjunction with the dock may be stored on the Common Area easement as long as the storage complies with Section 3(a) of the Declaration of Covenants, Conditions and Restrictions. 12. The term "effectively screen" in Section 3(a) of the Declaration of Covenants, Conditions and Restrictions is interpreted to mean almost entirely screened. 13. The damage claims by each party are off -setting and de minimis. 1. Defendants shall be permitted to construct a five foot wide asphalt pathway and necessary wooden bridges over the drainage ditch within the Common Area easement with the appropriate excavation and placement of a base for the pathway. Defendants may remove brush, debris, immature trees and _mature trees as are necessary and appropriate to remove to construct the pathway. All mature trees shall be preserved where their removal is not reasonably necessary for the construction of the pathway. The pathway shall be constructed in a manner to minimize erosion. 2. Defendants and their contractors shall not be allowed to enter onto that portion of Lot 3, Block 1, Christmas Acres that is not contained within the Common Area easement. No temporary construction easement is expressed or implied by this Order. 10 3. Once construction has been accomplished, motorized vehicle traffic will be allowed as provided herein. It is not anticipated that this five foot wide pathway would allow access to the lake using cars, trucks or SUVs. Access will be allowed using golf carts or other relatively quiet vehicles. Vehicles causing more noise in violation of the Section 2(c) of the Declaration of Covenants, Conditions and Restrictions, such as 4- wheelers or garden tractors, may only be used for the maintenance of the Common Area easement and to install or remove the common dock and boatlifts. 4. Swimming by the benefitted property owners and their family and friends shall be allowed from the common dock but not from the beach area within the Common Area easement or otherwise within Lot 3, Block 1, Christmas Acres. 5. Boatlifts shall be allowed as a means of docking boats along the Common Area dock. 6. The Court is specifically not determining the design of the common dock which may be im acted ci or DNR regulations. The Court reserves jurisdiction for a period of one year to determine disputes regarding the design of the common dock or the size of boats allowed to be docked along the dock. 7. The common dock and any boars used -in conjunction wit i e dock may e s ored on the Common Area easement as long as the storage complies with Section 3 (a) of the Declaration of Covenants, Conditions and Restrictions. 8. Consistent with Rule 706 of the Minnesota Rules of Evidence, the Court hereby appoints William Engelhardt as a neutral arbitrator to make decisions regarding the construction of the pathway along the Common Area easement, removal of any mature trees necessary for the construction of the pathway, placement of a common dock and boatlifts along the common dock and screened enclosures for storage of materials within the Common Area easement. All parties shall immediately contact Mr. Engelhardt at 612-723-8774. If any party objects to a written decision by the arbitrator, that party may bring the matter before the District Court by filing a motion. Mr. Engelhardt may be called as a witness by either party. The Court reserves the right to award to attorneys fees for such a hearing to the prevailing party. The parties shall pay the sum. of $100.00 per hour to William Engelhardt for his services, which sum shall be divided equally between Plaintiffs (50%) and Defendants (50%). The Court reserves the right to reallocate the cost of Mr. Engelhardt's services if it appears to the Court that one party is not cooperating with Mr. Engelhardt or is unreasonably increasing the need for his services. The parties may unanimously agree to retain Mr. Engelhardt to prepare a construction plan for the pathway or they may hire one or more contractors or engineers to create such a plan for Mr. Engelhardt's review. 9. The Court hereby enjoins the parties from any action which is in violation of its Order. 11 10. The Court denies any claim for a monetary judgment on behalf of Plaintiffs or any Defendant. Dated: September 3, 2009 BY THE COURT le in W. Eide Judge Si of Dstrict Court MEMORANDUM The scope of an easement by grant is determined by its terms. Bergh & Mission Fauns, Inc. v. Great Lakes Transrnissiorz Co., 565 N.W.2d 23, 26, (Minn. 1997). State by Dash. Wildlife Preservation v. State, 329 N.W.2d 543, 546 (Minn. 1983). When the terms of an easement are unclear, extrinsic evidence may be used to aid in the interpretation of the easement grant-As.le language offhe gran becomes Iess precis-e,the circums ances of e gran grow in importance as an interpretive aid. Highway 7 .Embers, Inc. V. NartlziVestern Nat'l Bank, 256 N.W. 2" d. 271, 276-77 (Minn. 1977). "It is well settled that the extent of an easement should not be enlarged by legal construction beyond the objects originally contemplated or expressly agreed upon by the parties." Minneapolis Athletic Club v. Cohler, 177 N.W. 2d 786, 789-09 (Minn. 1970) (citations omitted). Access to the Lake The Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota do not describe what width or manner of construction should be used create a pathway for access to Christmas Lake. The easement that runs along Lot 3, Block 1, Christmas Acres is approximately 720 feet in length and it descends in excess of 50 feet to the lake. Many examples presented at the trial convince the Court that a mere walking path to the lake, including a crushed rock surface and including many landscape timber steps, is not adequate for regular access to the lake for the benefitted property owners. Such a foot path would not provide adequate means of access for small children, parents providing transport for several small children, the elderly, the injured or the infirm. Such a foot path would also not provide adequate access for an emergency situation, nor would it provide adequate access to the lake for those who are carrying significant boat equipment, boat fuel, personal belongings, food and drink. Several witnesses, most notably Marilyn Beddor and David Beddor, testified that at least on the south side of Christmas Lake with similar terrain, it is almost uniformly common for the land owners to use a paved path to gain access to the lake. Testimony and photographic exhibits show that the owners of Lot 3, Block 1, Christmas Acres have used a paved pathway to gain access to the lake for years (at least since 1983). Marilyn Beddor, one of the drafters of the 12 easement, testified she uses a paved pathway to access the lake. The Court believes, based upon the testimony of Marilyn Beddor and the Affidavit of Frank Beddor, Jr., that the drafters of the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota anticipated that a paved pathway could be used to gain access to the lake by the benefitted property owners. Swimming from the Dock As the Court initially reviewed the Declaration of Covenants, Conditions and Restrictions and the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota, the Court stated its opinion that the documents were not ambiguous as to whether there could be swimming from the dock. The Court based this opinion on the definition of the Common Area in Section I of the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, " `Common Area' shall mean a 15-foot wide lake access easement over Lot 3, along and adjacent to the southwesterly and northeasterly lines of said Lot 3, and any dock which is constructed there from, which is for the common use and enjoyment of the Owners of Lots 1, 2, 6 and 7, Block 1, of said Christmas Acres." Emphasis added. Section 4(b) of the Declaration of Covenants, Conditions and Restrictions provides that no part of the Common Area shall be used as a swimming beach. a oc is pait-of me common area, en e documents suggest that there should be no swimming off of it. However, upon finrther review, the documents are inconsistent and ambiguous in this regard. First, the documents refer to a swimming beach and the testimony was that the drafters intended there be no swimming from the beach along Lot 3, Block 1, not that there be no swimming from the dock. Secondly, Section 4(b) of the Declaration of Covenants, Conditions and Restrictions refers to "a dock constructed into Christmas Lake from the said Common Area" and Section 3 of the Amendment of Covenants, Conditions and Restrictions for Christmas Acres refers to "One common dock —may be constructed fi-onz said Common Area into Christmas Lake...." Emphasis added. If the dock is constructed from the Common Area then it is not part of the Common Area. Finally, the owners of the entire plat of Christmas Acres, the Beddors, arguably did not own that part of Christmas Lake upon which the dock is installed. That part of the lake does not appear to be part of the Plat as depicted in. Exhibits 1 and 100. If the grantor of the easement did not own that part of Christmas Lake into which the dock is installed, then it would not appear possible that the grantor of the easement had the right to designate the dock extending into the lake as part of the Common Area of the easement. Testimony of Barbara Odom, Marilyn Beddor and David Beddor make it clear that, for many years prior to the purchase of Lot 3, Block I by Plaintiffs, it was common practice of the owners of the benefitted lots to swim from the common dock. That testimony combined with testimony of Marilyn Beddor that the drafters of the easement intended that the owners of the benefitted lots to be able to swim from their dock as did other lake home owners on Christmas 13 Lake, leads the Court to conclude that it was intended that the owners of the benefitted lots be able to swim from the dock extending from the Common Area. Use of Boat Lifts Section 3 of the Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota provides: "Section 4(e) shall be amended by substituting in its entirety the following paragraph, viz: `4(e). One common dock, adequate in size for the docking of four 20-foot long boats, may be constructed from said Common Area into Christmas Lake; and the Owners of Lots 1, 2, C, and 7 of Block 1, shall utilize said common dock,' " Nowhere in the documents is there a definition of "docking" and this term is clearly ambiguous as to whether it includes the use of a boatlift. The Chanhassen City Code also does not contain a definition of "docking" but does provide a definition of "mooring"' as "any buoy, post, boatlift, structure, or device at which a watercraft may be moored which is surrounded by public waters." See Chanhassen City Code Chapter 1, Section 1.2. The testimony of Marilyn Beddor and David Beddor indicated that most or nearly all of the owners of boats on Christmas Lake now use a boatlift as a manner of securing: their watercraft at their dock. The testimony also indicated that the use of boatlifts on Christmas Lake began in the late 1970s or early 1980s. The Declaration of Covenants, Conditions and Restrictions were filed in 1980. The Amendment of Covenants, Conditions and Restrictions for Christmas Acres, Carver County, Minnesota were filed in 1985. Clearly, Marilyn Beddor and Frank Beddor, Jr. were familiar with the use of boatlifts when these documents were prepared. Marilyn Beddor testified that it was the intention of her and her husband (see the Affidavit of Frank Beddor, Jr.) that the owners of the benefitted properties be able to use the lake as did other property owners and that she intended that boatlifts be used along the common dock. A single boatlift was used along the common dock, without objection, from 1995 to 2006. The overwhelming evidence is that Frank Beddor Jr. and Marilyn Beddor intended that boatlifts be used as a means of "docking" boats along the common dock. Counsel for the Plaintiffs referred the Court to the case of llvliner v. Hastings, 2005 WL 1154183 (Minn. Ct. App.). As an unpublished case, this Court does not need to accept the nlling as having precedential value. In Muter v. Hastings, the Court was interpreting the term "mooring" and not "docking". This Court does readily concede that the ruling here is inconsistent with the conservative construction of the terms of the easement in Miner v. Hastings. however, this Court finds the reasoning of the trial court more persuasive than the reasoning of the Court of Appeals. Storage of the Dock and Boatlifts This Court does find the terms of the easement to be unambiguous as they relate to the storage of the common dock and boatlifts. As part of the improvement of the easement, the owners of the benefitted property must accurately determine the boundaries of the easement and 14 create enclosures or plantings capable of "effectively" or almost entirely screening the storage of the common dock and boatlift(s) from the home located on Lot 3, Block 1, Christmas Acres and owners of the properties surrounding the easement. As provided for in the documents, "[tjhe design of such screened enclosure roust be compatible with the natural character of the Property." It may be necessary for the owners of boatliits to remove the canopy portion of the lift for storage. If there is insufficient room to store the common dock and boatlifls and to provide necessary screening for them within the casement property, then the dock and/or boatlifts will need to be removed and stored off -site. K.W.E. 15 y Council Meeting, Febr __y 10 1986 1986 -9- .— DATA PROCESSING PURCHASES: Councilwoman S.we�oo: On page two were is states, I would work station at the front counter allowingf Propose establishing work station with all of our or minute transcription in a format that files Previous work while simultaneously beingdevelop com- p atible with our Plumbing/building/licensing, able to develop base time that I moved for the full time additional help, etc...... I believe at the would allow the Council to have verbatim minutes of, one of the conditions w don't want to d all committee meetings and this deviate from that. Don Ashworth. We are not proposing to. Councilwoman Swe,_ nson_: I guess what threw me w �� and we haven't had verbatim as compatible with our previous w �� prior owewa nted time and I wanted make sure that we didn't loose track of the factork, anted this verbatim report. Don Ashworth_ What I w retrieves information sosthatgmanng to is compatible in how the machine stores reviewed. Y minutes that have been taken to d and ate could be Mayor Hamilton moved to approve the 1986 data r the City Manager's memo dated February 10 1986_ocessing purchases as presented in Horn. The followingMotion was seconded b Swenson voted in favor: Mayor Hamilton Y Councilman and Councilman Horn. No negative votes, ' Councilwomen Watson and Motion carried. DNR - CHRISTMAS LAKE BOAT ACCESS: Councilwoman Watson- access I am very disturbed about the way on Christmas Lake. They sat in this room discussing DNR handled the number of years to finish the r Public time and m process. The City 9 Lotus Lake, which took a money into that. I don't think the DNR of Chanhassen certainly put a lot of behalf of the City exerted themselves excessively on that there was noYsuchathinre the access on Lotus Lake, They sat here and told us on the lake t g as a special consideration, If there were 200 hat you must be allowed to bring various other things were brought 9 a 200 hp motor hp motors thin ght up at the time 9nto that lake and g as a special case. The DNR does things ' but we were told there is way. I guess that works unlessone no such you have the Governor and everybody does it the same Homeowners Association working on the r and the Christmas get special consideration. project, because it didn't w Lake people of They have a horse work here. They did Lotus Lake would have a Power restriction, which I have hurt our access. PPreciated tremendously and I don t think think the could have made use of thehSameltrovisd have been just as g o an access would provision, P good f and we us that we couldn't have that r except someone sat rig here and and it wasn't d right in told one. I don't really appreciate this. Today I was reading the Sailor and under DNR Dismisses Condemnation Proceed' Agrees to Christmas Lake Access Site. also limit the motor size of boats : in the last lugs, launched to Paragraph; "terms of the agreement Lake residents and the City of Shorewood will study for a that will a Period of seven years. apply to all boaters Y Possible surface use restrictions that lake is in after the seven year period." Chanhassen and I never hear an As I recall, part of being brought into play in an Y mention of the Cit of meetings Y of these decisions, Y of Chanhassen g and then since that time we We were asked to the first Lake Homeowners Association includes have been ignored, couple I know that the Christmas where to go to a lot of wealthy influential want to believe90toget hat they with wanted and they got exactly what the people. They The y knew very least I want the DNR to know R was reduced to Y I . didn't that level, but it is. The do- ing and knows what they do, I think that the City of Chanhassen sees what the as the Christmas Lake Homeowners that the City of Shorewood should know, y are do- inance on that Association, that there will be no surface�useawgll lake without the City of Chanhassen us, I do want the DNR to know t 9 ord- hat we realize that atheregarelspc can't i it without special considerations Council Meeting, February , 1986 -10- and that we will be looking for some of those special considerations the next time we have need of them because it can be done. I really feel that the DNR laid one on us, and I feel that we've been had. I don't know what to do about it after the fact, but I think the Lotus Lake Homeowners Association deserved every consideration that was given to the Christmas Lake Homeowners Association. Councilwoman Swenson: I agree with your indignation. Didn't we get some correspon- dence on this Christmas Lake thing? Councilwoman Watson: Dale attended a couple of meetings on behalf of the Council. That was fine as far as it went, but this last paragraph in this article today, I think the City of Shorewood has to be notified and the Christmas Lake Homeowners Association has to be notified that this lake is partially in the City of Chanhassen and there will be nothing done without our consideration. Mayor Hamilton: Where is the access? Councilwoman Watson: The access is in Shorewood, it is off of Merry Lane, which is a little road that comes right off the service road along Highway 7. I am not saying that it is not a perfectly acceptable access or anything like that. I am just saying that we were told so plainly that there is no such thing as a special consideration, but there is. Councilwoman Swenson: What would be the proper follow-up on this? Mayor Hamilton: I think we can write DNR a letter and also Shorewood and the Christmas Lake Homeowners Association and let them know our thoughts. Don Ashworth: There should be a motion to that affect to whether or not you want me to do it, or whether you would like it to go out under the Council's signature or what. Councilman Horn: I would think the letter would be different to the different agency. Don Ashworth: Right, no question. There would be three different letters. Councilwoman Swenson: It is Carol's subject, she should maybe ................ Councilwoman Watson: I guess I am not concerned with that. If Don wants to handle it, he has always done an excellent job of getting these letters out in the past. I simply want all these people and agencies, etc. to know that we do see what is going on here and we have noticed and we will not forget was has occurred. They can expect that we will expect to be given considerations that we feel are proper when the time comes. Councilwoman Swenson: Instead of approaching it from a negative - "we don't want them to have this," is there anyway that we can be retroactive and have some relief on our Lotus Lake. Is it worth a try? Councilman Horn: Then we would have to open up Minnewashta and the whole thing. Councilwoman Watson: I suppose we could approach them about a horse power restric- tion point of view. I guess I wasn't even looking for going back and trying to change and undo what has already been done, but more that should we need to deal with them in the future that we are aware of the fact that there are special con- Council Meeting, February 10, 1986 -11- siderations and regardless of what we have been told, in fact there are special con- siderations. If we feel we are in need of a special consideration we won't hesitate to make it plain that we expect to be given that consideration because it can be done. Councilman Horn: I don't even think that we should appeal that way. The way we should appeal is to their sense of consistency and that is to reverse the decision that they made on Christmas Lake. It wouldn't bother me so much if we hadn't just gone through those actions on both Minnewashta and Lotus Lake and we told all of our people that this is a DNR stance and they told us that to, and it makes us look ridi- culous to our people to have them turn around immediately after we have just gone through those two issues. Mayor Hamilton: Personally, I think to send a letter to the DNR and mention the process we went through and we asked them for a horse power restriction and it wasn't given and it seems now that they have done it and we expect the same for Lotus Lake and Minnewashta. Councilwoman Watson: However we pin this thing to the DNR, I want it to require a response from the DNR. They can at least explain to us. Councilman Horn: I would like to know what is different about that situation from our situation. Councilman Horn moved to adjourn the meeting. Motion was seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Don Ashworth City Manager Prepared By: Kathy Sundquist �%�•q ..-CAA GLENN FROBERG ATTORNEY AT LAW 17736 EXCELSIOR BOULEVARD MINNETONKA, MINNESOTA 55345 TELEPHONE (612) 474-2100 September 30, 1985 Ms. Barbara Dacy, City Planner City of Chanhassen 690 Coulter Street Chanhassen, Minnesota 55317 Re: Lots 1, 2, 3, 6, and 7, Block 1, Christmas Acres Dock Access to Christmas Lake Dear Ms. Dacy: This will confirm our discussion today regarding City approval for docks installed or to be installed for use by property owners of the above referenced lots. It is understood that a four -boat dock to be installed at the foot of a common easement on Lot 3 for use by the owners of Lots 1, 2, 6, and 7 has been approved by the City pursuant to the site plan for Christmas Acres which was approved by the council on May 7, 1979. It is further understood that the owner of Lot 3, who has maintained his own private dock on Lot 3 for some time, will be permitted to continue to utilize his existing dock without further permission from the City. This situation will result in two separate docks being constructed on Lot 3, without any additional action necessary on the part of the City. Should this understanding differ from the City's position in this matter, please contact me immediately. Very t my yours, 4. NN BERG GF:dmj cc: Barry Calhoon Julius Smith, Esq. CiiY OF tHMI ASSEN ntE.:DF_IvED L� 'l CHANHASSEN PLANNING DEPT. 7 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Manager, Don Ashworth FROM: City Engineer, Bill Monk DATE: August 17, 1981 SUBJ: Christmas Acres Field inspections of the above mentioned project have determined that the construction as detailed in the engineering plans is complete. The erosion problem apparent during the City Council's review of the project in June has since been corrected and, the City is now in a position to accept the project. An item of concern has arisen on this project in regards to construction of a retaining wall within City right-of-way. The wall was not shown on the plans submitted to the City and is close enough to the curb to potentially inhibit maintenance operations (snowplowing). The developers have submitted the attached agreement in an attempt to guarantee the City ultimate discretion in regards to the location of the wall, and the agreement has been forwarded to the City Attorney for review. It is the recommendation of this office that the Christmas Acres project be accepted by the City upon resolution of the retaining wall issue. Action by City En�ioreed w/ Date Submitted to Commtsife�l Date "Tmi/tted to council July 14, 1981 City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 At"n: Mr. William Monk City Engineer RE: Plat of Christmas Acres, Chanhassen, Minnesota Dear Mr. Monk: The undersigned developers of the plat of Christmas Acres, Frank Beddor, Jr., Marilyn Beddor, William B. Ward and Patricia Ward, hereby acknowledge that the retaining wall built on the public right of way along the southerly curve line of the cul de sac located in said plat was constructed by the landscape contractor employed by the Developers within the public right of way of Christmas Lane without the approval of the City of Chanhassen. The under- signed Developers recognize and agree that the City could, at this time, require them to remove said retaining wall from that public right of way. However, the undersigned Developers hereby request that the City allow said retaining wall to remain as now constructed in order to determine whether it will, in fact, cause a hardship to the City in the repair, maintenance and upkeep of Christmas Lane. If the City should, in its sole discretion, decide that the retaining wall should be removed from the right of way, the under- signed Developers, or any one of them, hereby agree that they will remove said retaining wall from the public right of way and reconstruct a retaining ,e.,all as may be nec-ssar,, to hold the h—ank presentsj7 1-*7 the retaining wall as it is presently located within 90 days after receipt of written notice from the City to do so. The removal and reconstruction of the retain- ing wall as referred to in this paragraph will be at the sole cost and expense of the Developers. Yours truly, I rank Beddor, Jr. Marilyn B dor cF-1NfEr) William B. Ward Patricia [:yard AU G 111981 Cg,j 01: CHAN ASSE" 1 LZ 8°OnW o oim 5 N° C DSt33A � , n ?� o o S! 56 E A 65 �T1 l� Z �O N n V U_- - --194.28 O (Ao0N �� SI°56'E t1 ----_ (Q a o La o AD tl1 1 w m: SI°36'E 112.61 a to W N n a c. SOUTH 323.85 2f 1.74 535.20... n z I (11 VILLAGE QF CHANHASSEN . rya/_ �026 N�� Cr6�9d`3'/ -4A/ o _ ,-BK 100,P84 906�CSO ' ld�5a�rj �1 rn z N` w f.- c•0� i p m •01_ O - '�;_T `� LNG" a coo m ' aw' Oa l.p� a31331 Yet �� r- �6� a � 1 \ p `1�0, co I Z �o CD LLl6 co J. A o� OSaW 313d ' v t l f o 19 oD — �) / „��JC A pFj • A W N y ran 6� O VY\) Z � � U -, -I •z C OD O ( 0 p Y 1�5 y�CFO a -40.09�?:— — — —� — ---- rA fw 0 O p G 056 f5 �Gj 49S 4 0 3 I— �j t� 9 7 Jr9 W-; _S3T�$1y2�49 r 532°01,1N .-..f\ .�.rs 5o X� 5�2 Jg�W BK 11, P. 277-278 I • 36w or~ II co CD n� m CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 29, 1981 Mr. Frank Beddor c/o Instant Web, Inc. 571 West 78th Street Chanhassen, MN 55137 Dear Frank: With regard to your landscape plan at the intersections of Pleasant View Road and County Road 17, I have determined that such would require a variance to ordinance #47. As you probably know, the variance process does take several weeks to complete due to the necessary meetings before the Board of Adjustments and the City Council, including a Public Hearing. My initial reaction is that the proposal would constitute a significant precedence for the City with regard to ordinance #47. Additionally, I have contacted Carver County and they have indicated that any alteration activity carried out within County right-of-way would require a permit. The person to contact at Carver County is Mr. Bill Weckman. Should you have any questions or comments on the above please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:bf KI SUBURBAN ENGINEERING, INC. Main Office 571.6066 South Office - 890-6510 6875 Highway No. 65 N.E. 1101 Cliff Road Minneapolis. Minnesota 55432 Burnsville, Minnesota 55337 TO W. Brack Ward % Financial Management Services, Inc 10901 Red Circle Drive Suite 357 Minnetonka, MN 55343 GENTLEMEN: D.E777 (01F U UllLZ93E0V 12ZR. DATE February 20 1981 Joe ND. S79117 ATTENTION See Addressee RE: Christmas Acres Subdivision Chanhassen Minnesota WE ARE SENDING YOU k Attached ❑ Under separate cover via _ ❑ Shop drawings ❑ Copy of letter ❑ Prints ❑ Change order ❑ Plans u ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 3 12 31 80 Final Payment Voucher No. 3 for Utility and Street Construction in above Prpject by G.L. Contracting in the amount of $3, 793.88. �-, �- V11 !� QHANHASSh'% �► THESE ARE TRANSMITTED as checked below: d( For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for correction's El ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Brack - street construction & utilities are completed except for final visual _ insepction & acceptance by the city. The letter requesting acceptance by the city has been sent to Don Ashworth and upon acceptance by Council should wrap up the project except to complete turf establishment on storm sewer outfall and 4 _ along boulevards Final payment should be $3,793.88. I Please call if there are any questions cc: Frank Beddor, Jr. - Partner Julius C. Smith - Attorney Lawrence B. Carlson - C.P.A. Dare. Fortier - KKE Architects COPY TO L96n' Ashworth - City Manager Jim Orr City- Engineer G.L. Contracting, Inc. - Contra or SIGNEd: OWL FORM 240.2 Available k" ®Inc., Groton. Mean. Ol4SO If enclosures are not as noted, kindly notify us at once. FINAL PAYMENT VOUCHER Contract No. Final Payment Voucher No. _1 Period Ending Deo, . , A CPO- W. Brack Ward and Frank Beddor Jr. Suite 357, 10901 Red.Circle Drive owner %Financial Mont Services.,Inc. Minnetonka, Minnesota 55343 To Contractor G L Contracting. Inc. Box 340 Hopkins. Minnesota 55343 Date Contract Approved Se4o, 22. %9?V Amount of Original Contract ¢7. (o14r,&7 Type of work Utility and Street Construction Location Christmas Acres Subdivision - Chanhassen, Minnesota Funds En-(1) Value of Work Less Charges Less Pre- Net cumbered Certified and Lesser-% vious Amount To Date Deductions Retained Vouchers Due 54 479.75 $57 124.65 - - 1 -0- $53,330.77 .$3?793.88 I"hrk C•v, * I., I hereby certify that the items of work stated in this final payment voucher have .been completed for the above mentioned project in accordance with the plans and specifications. Dated: Z ZO ��% Signature: BURBAN ENGINEERING, INC. Project Engineer/Co-ordinator CERTIFICATE OF PAYMENT We hereby agree that the quantity and value of work certified herein is complete and accurate, therefore we will make no additional claim for compensation for the work performed under this contract. Dated: Signature: I hereby recommend payment of this voucher. Dated: Signature: Contractor Title SUBURBAN ENGINEERING, INC. Professional Engineer (1) Including amount of contract and subsequent adjustments by change order. Estimate Voucher No. 3. .. 4WANECT NAME Wjst'"i; ms - Chanhassen OWNER . tk deddor JrJ Y. traelc lo.,d Tm of wo,*ic _Uti 1 i tv and Street Co SIUC ,ion Mop. uck 19-117 -. �l01 CONTRACT . ITEM UKIT PRICE QUANTITY�AM"T LrkW8T m 1etE ..:: uanti t Amount ALTERNATE PROPOSAL FOR FILL 6" IP L PING SCHEDULE 1 - WATERMIN 1. 2. 6" DIP Cl. 62 b on 12" DIP Tapping Sleeve, L.F. 11.75 035 12 161.2 1136 13 348.00 3. 4. 5. 6. 7. 8. valve and box dr�ant N6" Aux. G.V. d� Box C.'• rtt PRS 3 4' x Cor ora�t on Sto " CurbSto and Box l� Co Cur! service Pipe Cu. Air Relief Rssemb-�y -` Ea. Ea. Lb Ea. a. l.F. 1100.00 1150.00 20.00 65.00 8.00 2 IGO 2 200.0 1 150.0 2 2,200.00 725.0 80.0 8 4 4 80.00 640.00 9. ca-ri fete Street RestorRation - easant V Road (6" Cl. 5 agg., 2" Sit. Base and 1 1/2" Bit. Wear L.S. S.Y. 650.00 18.00 1 80 650.0 1,440.0 1 33 650.00 594.00 SUBTOTAL - SCHEDULE 1 19,466.2 SCHEDULE 2 - SANITARY SEWER 1. 2. 3. 4. 8" PVC 0-8' M.H. Std. 0-8' w/casting assem. Break into exiti�sn� M.H. comp_le ut Tn TO x 4" PVC Saddle and L.F. Ea. L.S. 16.00 850.00 30 250 1 1 4,000.00 850.0 190 3,040.00 - 850.00 -300.00 T- 300.00 ---- 5. 6. 7. cTamps_ on Inp. 10" PVC 8" x 4'' PYC WW a 4' PVC/C.I. Ad�fer b Bend 4" Extra Heavy CISP Service Ea. Ea. Ea. L.F. 500.00 50.00 17.00 8.50 3 _ 1 4 100 1.500.00 �50.00 __3 1 1,500.00 50.00 68.00 850.00 4 100 68.00 850.00 8. Pit run gravel for subgrade __ 9. 10. 1. 2. correction 2� n-sulation See Special Provisions), 8" PVC 8-10' 8" ,PVC 10-12" MH Depth Excess of 8' SCHEDULE 3 - STORM SEWER Ton L.F. L.F. V.F. 5.50 4.00 17.00 18.00 75.00 30 100 -0- -0- -0- 165.00 400.00 0 0 0 259.9 20 33 29 3.5 1.429.45 80.00 561.00 522.00 262.50 . 1. 2. . 12" PVC w/bends atch Basin and Cast n-9 _ssemb� �i.T. dared End Section L.F. Ea. 13.50 700.00 260 1 3.510.00 700.00 130 1 1,755.00 700.00 w concrete toe beam Ea. 275.00 1 275.00 0 -0- 4. 5. 6. ip Rap: Surge Basin 18" CMP Ton Ea. L.F. 25.00 415.00 .17.75 15 -0- -0- 375.00 0 .-0 1 20 100.00 415.00 355.00 SUBTOTAL - SCHEDULE 3--------- ----- -------- -------- $4,860.00$3,325.00 Final Estimate Voucher No. 3 PRUJECT NAME Christmas_ _ores_ Chanhassen •OWNER Fr Beddor Jr./W. Brack Ward TYPE OF WORK - - Utility and street constructiogpRoi, No ' 79-117 � SWET. 3 OF ITEM CONTRACT ITEM UNIT LNIT CONTRACT WOO( dol"Iple e NQ PRICE QUANTITY AMOUNT QuAhf; Mean'i' SCHEDULE 4 - STREET CONSTRUCTI,0 1. Subgra apreparation Y s. .75 1850 1 387.50 1850 1,387.50 2. Aggregate base, Cl. 5, 00% - crushed limestone (2201.501) ton 5.50650 3,575.00 1014.2 5,578.10 3. Bit. Material or PxturTI. 145.00 7.5 2 537.50 9 ,p 4. Base course mixture (2331.514) 15.00 2,850.00 2,284.50 5. Wear ng course m xture 1 2,320.00 174.6 2,793.60 6. Bit. Material or tack 64.00 5 0.7. Conc. curb & utter 6.50 6 467.50 988 6,422.00 8. Sod 25 5.50 Std. W' x 20" x 40" hay bale S.Y.300 975.00 0 -p- 9. for erosion control -in . ea. 4.501 100 450.00 0 -0- 10. Std. sand bag for erosion cont 1 inp. ea. 2.00 50 100.00 0 -0- SUBTOTAL-SCHEDULE 4------------ ----- -------- -------- 20,726:50 $20,766.70 SCHEDULE 5 - EXTRA EQUIPMENT TIME FORGRADING SEE SPEC AL PROVISI NS C-6 1. Motor grader 2123.503 Hr. 30 10 300.00 0 -0- 2. Dozer (2123.509) r. 140.0 0 - - _ . c.,y. Sump truckt21�51 r. 28.00 4 112.0 _ 0 -0_ 4. c.y. front en�oader a 2123.514 Hr. 36.0 4 144.0 - �� 0 -_O_-__ 5. Pneumatic tired roller, self rb _ propelled 2123.523 Hr. 25.00 8 200.0ti 0 -0- 6. ton steel wheeled roller, £ - - -- self propelled �2123.424 _Hr: 25.0 8 200.00 d in -0- 7. Bobcat or Big Mac Loader (2123.526) Hr. 37.0 4 148.0 .0 0. txTra tquip. IlMe For Street Grading & Subgrade Correction I. JL per attached Invoices dated 1,909.50 r u� 11909.50 Oct. 17, 1980 & Dec. 4, 1980 L.S. 120.00 0 -0- y 1 120.00 9. Extra Equip. Time essentially for grading on Lot 4 @ request of Owner per attached Invoice dated Oct. 21, 1980 L.S. 1,928.50 0 -0- 1 1,928.50 SUBTOTAL - SCHEDULE 5---------------------------- $1,244.00 3,958.00 SUMMATION AMOUNTS SCHEDULE 1 - WATERMAIN--------------- 19,466.25 19,5 2.00 SCHEDULE 2 - SANITARY SEWER---------- 8,183.001 9,512.95 SCHEDULE 3 - STORM SEWER------------- 4,860.00 3,325.00 SCHEDULE 4 - STREET CONSTRUCTION-----20,726.50 20,766.70 SCHEDULE 5 - EXTRA STREET GRADING---- 1,244.001 3,958.00 GRAND TOTAL ------------------------- $54,479.75157,124.65 INVOICE 9as-es45 G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 Suburban Engineering Inc. Attn: Dale Hamilton 6875 Highway No. 65 NE Mpls., Minn. 55432 Date Oct. 17 1980 Christmas Acres - Extra Equipment time for grading Rev A J wA 0 10/6 977 _ 3 hrs. @58.00 $ 174.00 955 5 hrs. @50.00 250.00 10/7 955 _ 8 hrs. @50.00 400.00 10/8 955 10� hrs. @50.00 525.00 Huber ;i hr. @33.00 16.50 10/9 955 10 hrs. @50.00 500.00 Dynapac Is hr. @38.00 19.00 10/10 955 ' hr. @50.00 25.00 - QCT 20 j"eh i"t _ rc u Ire,4� W _JU 4rda4 job &met a�j�'�j3 t sAmw» 0" � , 0-.P! 4- fio 2 nerall SUBtIRSAN ENGiNEERiNO �J#1 �t 0�p i rva d oJ, !/2 fo Z ,b�lrw adi� ra.d sera-ih �G drpin �rd . a ��ir; � / 0� O kr v , e 935-8645 G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 IW"",)ICE C3 Date Oct. 21 1980 Suburban Engineering 6875 Highway 65 NE w Mpls., Minn. 55432 WOUK6lkN ENGINEERING Christmas Acres - Extra Equipment time for grading `10/13 955 /8� hrs. @50.00 $ 425.00 R 10 / 14 " �`'L :.. " �, " 8 hrs. @50.00 400.0— 0 410/15 '4 hrs. @50.00 200.00 j 10/15 450 J. Deere Loader 2 hrs. @36.00 72.00 Lz-=10/13 " " to " 4 hrs. @36.00 144.00 10/13 Compactor, li hr. @38.00 19.00 Qi s10/15 977 3� hrs. @58.00 203.00 L, -450 J. Deere Dozer ' hr. @34.00 17.00 L 10 16 of " " 2 hrs. @34.00 68.00 L L,rf10/16 977 1 hr. @58.00 58.00 L 10/17 850 C _tea. ase Dozer _ _ T,2 hrs. @43.00 322.50 L.VT 4- $ 1928.50 INVC►lCE r 1 931.86,45 G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 Date Dec. 4 1980 11 Suburban Engineering 1 Attn: Dale Hamilton i 6875 Highway No. 65 NE i i Mpls., Minn. 55432 ° Dig out soft spots — Christmas Acres 11/6 5550 Backhoe 3 hrs. @40.00 $1.120,00 i rQ V 1 1 DEC ------- - �r.a. �.t��sv►�e-h�" _- 'jme. Yee�t (d. )v ski Mew h-t Pe.,- �'a; �P,a� %i'�' rvll � -A� WILLIAM O. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN r .-p. . e SCHOELL & MAOSON, INC. r moo'' ENGINEERS AND SURVEYORS �I 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 11, 1981 City of Chanhassen c/o Mr, Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Christmas Acres Utility and Street Construction Gentlemen: With reference to the above named project, we have received a request from the developer's engineer (letter of February 2, 1981) to accept said improvements. We recommend acceptance to the City with the following conditions: 1) Turf restoration was not included in the present contract. 2) Our recommendation is based on limited observation of the work as the developer's engineer did project inspection and staking. JROrr:mkr cc: Suburban Engineering Very truly yours, �CHOELL & M ON, INC. 111213��s� 6� FEB 1981 RECEIVED VILLAGE OF CHANHASS10% �i MINM Main Office 571-6066 UBURBAN 6875 Highway No. 65 N. E. ❑ NOiNEERINO Minneapolis, Minnesota 55432 INC. c rBurn Office 890.6510 Civil, Municipal & Environmental Engineering JCliff Road Land Surveying • Land Planning • Soil Testing ville, Minnesota 55337 January 30, 1981 Julius C. Smith, Attorney at Law 7101 York Ave. South Minneapolis, MN 55435 Re: Beddor/Ward - Christmas Acres Subdivision Dear Mr. Smith: By way of introduction, our firm is representing Frank Beddor, Jr. and W. Brack Ward as Civil Engineering Consultants for utility and street construction of their Christmas Acres Subdivision in Chanhassen. In the course of construction and after consultation with Brack on September 26, 1980, it was determined to be in the best interest of the site esthetics to relocate a segment of water main on Lots 4 and 5. The original align- ment was along existing property lines on platted easements but by sliding the facility 40 feet north onto an existing open area being used as a roadway, we were able to save and protect most of the existing trees along the property line of the two lots. In order to close out the project with the City, it will be necessary to execute a new easement covering the re -alignment. Brack suggested that I forward the easement descriptions to you, as his attorney, to work out the details with Russ Larson, the City attorney, completing the document and effect the filing. Attached are six typed copies of the proposed easement description, together with plan sheets showing the easement locations, for your use. Please call if there are any questions. Thank you for your assistance. Sincerely, SUBURBAN ENGINEERING, INC. G. Dale Hamilton GDH/cae Encl . cc: W. Brack Ward FEB1961 Frank Beddor, Jr. ,�, 4 Lawrence B. Carlson, C.P.A. v REEIVED Daryl Fortier - KKE Architects ''� Yl4-AA6 op Don Ashworth - City Manager t ��, �"� r► Jim Orr - City Engineer ! Bill Rogers - Suburban Engineering Survey biRLt19 ' Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Surv. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A Paterson, Reg, Eng. Daniel A Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. Main Office 571.6066 " ® UBURBAN 6875 Highway No. 65 N. E. �F1 NOINEERINa Minneapolis, Minnesota 55432 1 NC. South Office 890-6510 \qj Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing MF1 y g g g , Burnsville, Minnesota 55337 January 29, 1981 UTILITY EASEMENT An utility easement over Lot 5, Block 1, Christmas Acres, Carver County, Minnesota, lying southwesterly, westerly and northwesterly of the following described line: Beginning at the intersection of a line parallel with and distant 50.00 feet northeasterly of the north- easterly line of Lot 6, Block 1, Christmas Acres and the northwesterly line of said Lot 5; thence easterly, along said parallel line, to its intersection with the north- easterly extension of the easterly line of said Lot 6; thence southeasterly to the intersection of the northeasterly line of said Lot 6 and a line parallel with and distant 30.00 feet southeasterly of the easterly line of said Lot 6; thence southerly, along said parallel line, to the south line of said Lot 5 and there terminating. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E Price, Reg. Eng. Gary R. Harris, Reg Suru. Peter J. Molinaro, Reg. Eng. Will. E Jensen, Reg. Errs, William J. Brezinsky, Reg. Eng. H. William Roger,, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Wald% Reg. Eng. C f�% 1 �� s■ � wi OWN Noun Is— ft—, Room Ps OREN h111� go wacw — oil Xw ,, s7r'1tr�ccrr+� rw ru ry I� rt rN rr� rr ,.;�, �- i it' �V �r 1111111 11111 IIIIIII � V�� � ■ M}P 1111111.:� II= ■Inn mla� ILL. ®A���rmas SUBURBAN ENGINEERING, eiiC. Main Office 571-6066 South Office - 890-6510 6875 Highway No. 65 N.E. 1101 Cliff Road Minneapolis. Minnesota 55432 Burnsville, Minnesota 55337 To W. Brack Ward % Financial Management Services, Inc. 10901 Red Circle Drive, Suite 357 Minnetonka, PIN 55343 GENTLEMEN: -- WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter DATE October 28 1980 JOB NO - S79117 ATTENTION See Addressee RE: Christmas Acres Subdivision Chanhassen Minnesota G EX Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Samples • Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION ' 3 10/24/80 Partial Estimate Voucher No. 1 for Utility & Street Construction I1—in above project by G.L. Contractina in amount of t34_AQ7 01 THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit --copies for approval 71 For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment ❑ FOR BIDS DUE _ 19 ❑ PRINTS RETURNtD AFTER LOAN TO US REMARKS Brack - utilities (water, sanitary & storm) is essentially completed except for final inspection & acceptance by the city. Also need to complete turf establishment on storm sewer outfall. Street Subgrade is complete, base placement about 70% complete & curb & gutter should be in by end of this week at latest. With any kind of a break in weather the surfacing should be on by middle of November at latest. cc: Frank Beddor, Jr. - Partner _ Julius C. Smith - Attorney Lawrence B. Carlson - C.P.A. Daryl Fortier - KKE Architects COPY TO L-�n Ashworth - City Manager Jim Orr - City Engineer G.L. Contracting, _ Inc. - Contractor SIGNED: w/encl mi ion FORM 240-2 Available from L a 'Inc., Groton, Mass M450 If enclosures are not as noted, kindly notify us at once. PARTIAL ESTIMATE VOUCHER Contract No._ Partial Estimate Voucher No. 1 Period Ending October 24, 1980 W. Brack Ward —and Frank Beddor, Jr. Suite =,, 10901 Red Circe rive owner % Financial Mint. Services,_Inc. Minnetonka, Minnesota 55343 To Contractor G.L. Contracting, Inc. Box 340 Hopkins, Minnesota 55343 Date Contract Approved September 22, 1980 Amount of Original Contract $47,696.00 Type of Work Utility and Street Construction Location Christmas Acres Subdivision - Chanhassen, Minnesota Funds En-(1) Value of Work Less Charges Less Pre- Net cumbered Completed and Less 10 2 vious Amount To Date To Date Deductions Retained Vouchers Due $54,479.75 $41,664.35 - -0- $4,166.44 $3,000.00 $34,497.91 thru C.O. #1 I hereby certify that the items of work shown in this estimate of work have been completed for the above project in accordance with the plans and specifications and that the project is a proximately 63 completed DATED: _ In -lZ q —_ Signature: / JBUPBAN ENGINEERI G, INC. Project Engineer/Co-ordinator CERTIFICATE OF PAYMENT We hereby agree that the quantity and value of work shown herein is a fair estimate of the work c pymppleted to date. Dated:oc,y `Y 7oSignature: - --- Co rac or Title I hereby reco, end pa went of this voucher. Dated: Signature Q g �j SUBURBAN ENGINEERING-, IN . Professional Engineer (1) Including amount of contract and subsequent adjustments by change order. VAK-11AL. te5TIMATE N0.1 P60JECT kAME Christmas Acres - Chanhassen OWNER Frank Beddor Jr./ y, track If:rd TM of WoRrc Utility .nd Street Construction _4-117 lEET -?,OF FTEW VIM--- CONTRACT ITEM EIKT UNIT OtAT CG�'iPL�TE ---- PRICE QVAkTiTY AMOUNT QUANT[ AP1c�t�NT ALTERNATE PROPOSAL-FDR_FULL 6- IP L PING ( 0. #1) SCHEDULE 1 - WATERMIN I. 2. 6" DIP C1. 52 6' on 12" DIP Tapping S,eeve, L.F. 11.75 1035 12 161.2 1118 13,136.50 3. valve and box _ 6" Aux. G.V. Box K d�Fitwtfng­S---- Ea. fa. Mom 1150.00 2 2 200.0 '0 4. C.I_-_ r-P on Sto Lb Ea. 1.00 _ 725 1.150.0 725.0 6 6. - -�_-`_ 1" Ge;rb Stop -and Box Ea. 20.00 65.00 4 80.0 4 80.00 _1. 1" Ca per service Pike _ L.F. 8.00 100 9� 800.0 260.00 8. i" Cu. Air Relief Assembly - - 80 640.00 9. complete _ Street Restoration -Pleasant Mari L.S. 650.00 1. 650.0 1 650.00 Road (6" C1. 5 agg., 2' Bit. Ba - and l 1i2' Bit. near - _--- S.Y. 18.00 80 1,440.00 33 594.00 SUBTOTAL - SCHEDULE 1 I --j j19,466.2 19,350.50 SCHEDULE 2 - SANITARY SEWER 1. _2. 3. 4. 5. 6. 7. S. 8" PVC 0-8' __ _ M.H. Std. 0-8' wlcastin assem_ a"reek into exSsti Ni.H_CgTple_ Cut 1n jG x 4" PVC Saddle and clamps on Inp. 10" PVC 8" x 4" PVc Wye _ _ -` L.F. Ea. L.S, 16.00 250 4,000.00 190 850.00 1 1 850.00 300.00 1 p 0 1 Ea. 500.00 3 1500.00 , 50.00 68.00 850.00 3 - --T --� 100 Ea. Ea. L.F. 50.00 17.00 8.50 1 4 100 4" PYC�C.I. Add ter 3 Bend 4" Extra Heavy CISP Service Pit run gravel for subgrade 9. correction 2 Insu ation See Special Ton 5.50 30 165.0 2259.9 10. 11. 12. 8" PVC 8-10" 8" PVC 10-12" MH -Depth Excess of 8' F. L.F. V.F. 4.00 17.00 18.00 75.00 100 -0- -0- 400.00 D 0 p 20 33 29 3.5 :.-.0- SCHEDULE 3 - STORM SEWER 8,183.00 1. 2. 12" PVC w/bends etch Basin and CastiT� Assembl �.M dared End Section w concrete toe beam L.F. Ea. 13.50 700.00 260 1 3.510.00 100.00 130 1 1,755.00 700.00 • Ea. 275.00 1 275.00 0 -0- _ i a - Ton Ea, L.F. 25.00 1 17.75 15 - - 0- 375.00 100.00 6. ur a asin _ T8" CMP _ - SUBTOTAL - SCHEDULE 3---------- 20 415.00 355.00 ----- -------- -------- - -- 4, 860.00 12 ft � r _ ,. PARTIAL ESTIMATE No.1 PRO.IEtT NAME Christma_ _,acres_ Chanhassen OWNER F► .,ik_Beddor Jr./W. Brack Ward TYPE OF WORK- Utility and street constructi0flPROJ. N0. 79-117 SHEET -!_OF _ 3 ITEM �' CONTRACT ITEM UN{T UNIT CONTRAcr WQRK OPT , T � PRICE QUANTITY AMOUNT uR#J'7TY AMOUNT SCHEDULE 4 1. _Subgrade preparation �2112.501 s. . .75 1850 1 387.50' 1850 1,387.50 2. Aggregate base, C1. 5,T00� _ crushed limestone (2201.501) ton 5.50t 3,575.00 772,g 4,250.40 3. Bit. Materia or xture -T. o t .004. Base course m txure�23�,51 ton 15.002,850.00 0 -0- 5. near ng course m�xture�2341. _ ton 2,320.00 0 -p- 6. Bit. Material or tack 2367.50 �. 64.00 0 _p_ 7. 8 Conc. curb & utter Sad 2575.505J__ L.F. 6.50 6 467.50 0 -0- 9. Std. 15" x 20" x 40" hay bale S.Y.300 9 5. - - _ for erosion control -ink_ ea. 4.50 100 450.00 p _p_ 10. Std. sand bag for erosion cant _ inp• ea. 2.00 50 100.00 0 -0- SUBTOTAL-SCHEDULE 4------------ ----- -------- ----__-_ 20,726.50 5,637.90 SCHEDULE 5 - EXTRA E UIPMENT T ME FO GRADING SEE SPEC AL PROVISIONS C-6 I. Motor grader (2123.503) Hr. 3 10 300.0 0 -0- 2_. _ Dozer�2123.5O r. - 1 140.0 0 -0- . �um�=truck125 i- Hr. 28.0 4 112.0 0 -0- 4. c.y.�ront end_oader - -"- - 2123.51.4� _ _ _ Hr. 36.0 4 144.0 0 -0- 5. Pneumatic tired roller, self - propelled _L 23.523� Hr. 25.0 8 2 p _p_ 6. ton steel wheeled roller, self propelled (2123.424) Hr. 25.0 8 200.0 0 -0- 7. Bobcat or Big Mac Loader -- (2123.526) Hr. 37.00 4 148.0 0 -0- 8. Extra Equip. Time for Street Grading & Subgrade Correction per attached Invoice dated October 17 1980 L.S. 1 9 0 .so a o 1 1,909.50 9. Extra Equip. Time essentially _._ for grading on lot 4 request of owner per attached Invoice dated - u October 21, 1980 L.S_;N1�9z.So --o - p ISUBTOTAL -SCHEDULE 5------------------------.�-------- 1,244.0 13,838.00 SUMMATION AMOUNTS SCHEDULE 1_ _WATERMAIN------- SCHEDULE 2 - SANITARY SEWER--- SCHEDULE 3 - STORM SEWER------ SCHEDULE 4 - STREET CONSTRUCTI SCHEDULE 5 - EXTRA '7R�Et "-GRAD ---- ---- 1q,4 8,183.0 19,350.5 9,512.9 3,325.0 5,637.9 3,838.0 ----- N=� = NG_=- 4, 660.0 20,726.5 1,244.0 41,644.3 GRAND TOTAL ------------------ ---- 4.5-4,479.74 INVOICE Ass-8645 G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 _Suburban Engineering Inc. Attn: Dale Hamilton 6875 Highway No. 65 NE Mpls., Minn. 55432 Date Oct. 17 1980 Christmas Acres - Extra Equipment time for grading 10/6 977 955 10/7 955 10/8 955 _ Huber 10/9 955 -__DDn kqc IO/10 955 jCT 20 1984 SUBURSAN ENGINEMNG 3 hrs. @58.00 _ 5 hrs. @50.00 8 hrs. @50.00 10;� hrs. @50.00 10 hrs. @50.06 hr. @38.00 ;I hr. @50.00 R®;toiwoi M $ 174.00 250.00 400_00 525.00 _ 16.50 500.00 19.00 25.00 $ 1909.50 —G.-k! ra L° fil/ pphietiJ e. r�IjooermZh o�vvo�nc deZ�wf'tdDdhiirm�70 ;'�j� d ►'�sal�a%(;cIYM1AGOri! QS�cJr�eeG,�Yt-o SN 1��irYidne-rpyLffM;Jb rvadb 10 q�Y� a iJD� !>'►VIAa�*`% G.�� �IvJ,ol -raae adol"er i'!- V � a� r y q r a, � �-o �Fiva► h �G . a N IN.*' -)ICE 933-8643 G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 Date Oct. 21 19 80 _ Suburban Engineering 6875 Highway 65 NE Mpls., Minn. 55432 Christmas Acres - Extra Equipment time for grading " 10/13 955 10/14 " Z -;•dt �-410/15 Le- 10/15 450 J. Deere Loader Ls 10/13 it 11 if It 10/13 Compactor: 10/15 977 ,T` -450 J. Deere Dozer L -10 16 it of If if -- u,+10/16 977 !,e.10/17 850 Case Dozer ` _ SUBMAN ENGINEERING ,'8k 8 hrs. hrs. @50.00 $ 425.00 0 , 2 14 4 jZ U @50.00 _ _ 400.00 4 hrs. @50.00 200.00 2 hrs. @36.00 72.00 Lpt + 4 hrs. @36.00 144.00 _ to+ q- 31 hr. @38.00 19.00 _ QaAJ 335 hrs. @58.00 203.00 1,*4 a. 2 hrs. @34.00 68.00 1 hr. @58.00 7� hrs. @43.00 58.00 322.50 „I. f 4 $ 1928.50 ESCE,7 EST124ATE kUK AP!'J-L-'C;'-1'J.'1.U.1J Uz' YL.4NNMG PEC_JEST Case Title: C01 frI`/AS ., cS Planning Case. Land Use Gaorc?inatc)r's C=M.Ients: ' C _ ,`G • Routing: ing_ Copy AEV1-icz—=t 92 e above are estimates.� deterrtir by tra offices ir-di.cate3_ C�:ork perforce is -��t---d and is available at the CI-ty `iY�_�r's office_ Any balances re�reixzirg aL`ter ca-, pletion of the process, with the excep- 7Lcn of the standard fee, will, be remitted. Charges exceeding the ac r", balance -will be billed directly to the applicant. ZSTL21LLON FED. SCi-EMZE: a) PYzo:�ii=g: $I00 e) Planned Devela, its: $150 plus $5 for- b) Site Plan P--4ew-. $75 first 10 units — $1_50 for each c) G�i c'.�tional Use Permit_ $100 additional unit_ Condcx irdtrn anc d} SuxtiTr_LSiort: $10 per acre plus $5 Per apartr� tts collec-tible at site pJ lot — $100 ruxmr review_ f) Vacation of Streets: $100 -,. g) Variance ,o t:: $50 P SUBURBAN ENGINEERING, INC. Main Office 571-6066 South Office - 890-6510 6875 Highway No. 65 N.E. 1101 Cliff Road Minneapolis, Minnesota 55432 Burnsville, Minnesota 55337 TO _ Mr. Frank Beddor. Jr.. Owner Mr. W. Brack Ward, Owner Mr. Daryl Fortier, Architect/Manager mob Waibel, City Planner LIEVVIEF IF UMMOVUL DATE —JOB NO. Septe* r 19 2-1980 S79117 ATTENTION -- — - See Addressee RE. — — Christmas Acres Subdivision i GENTLEMEN: - — — -- -- WE ARE SENDING YOU k Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications G Copy of letter ❑ Change order L Correspondence/Insurance Poligy COPIES 1 set I DATE NO. DESCRIPTION Firemants Fund Insurance Companies, policy No. 2-01 LA-296 15 83 9 23 80 5 shee s form #105038 for Owners & Contractors Protective Liability Insurance covering W. Brack Ward & Frank Beddor-. Jr. as owners. Suburban Engineering as Engineers and the City of Chanhassen for Utility and Street work being completed by G.L. Contracting. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE _ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TOIL L. Gontracting - Transmittal only SIGNED: G. Dale Hamilton FORM 240-2 Available from _� inc., Groton, Mass. 01450 If enclosures are not as noted_ k)ndiv nntiiv tic nt ^... BRANCH PRODUCER CODE '��"-' --TP"J(', •,T1_^ET+w +•� ��•��� ADJ. PREVIOUS POLICY NUMBER :1P1- 22-133-403 HOPKINS,% R$ ZEOY uRt • -- - • a�UF ";K."COMMISSION : -T—C. ?RAL LIAeI LITY.� _ -_rA VTOMOBILE LIABILITY � .-- PHY DAM, / s LIABILITY/AUTOMOBILE POLICY DECLARATIONS AND PROVISIONS POLICY i LA- 296 15. 83 NUMBER ITEM 1. NAMED INSURED AND ADDRESS (NO., STREET. TOWN, COUNTY, STATE) li, IRACC VAKD AIM r*MA ers"it! 1�. 34%23 V- %?TN ST• RINXE%ONrA♦ IM S33%3 L J IT' 2_&0 INCEPTION (MD.. DAY, YR.) EXPIRATION (MO.. DAY. YR.) , 12:01 A.M.. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS 'STATED HEREIN. Covge is provided in the Company designated by nwmber• a stocerak insuronce Company (herein called the Company) THE NAMED INSUREDD'� IS: (- - - -- — — - ❑ INDIVIDUAL p PARTNERSHIP ❑ CORPORATION ❑ JOINT VENTURE ❑ OTHER BUSINESS OF THE NAMED INSURED is: REAL MATE liEVELOPISEMT ITEM 3. THE INSURANCE AFFORDED UNDER THIS POLICY IS ONLY WITH RESPECT TO THE COVER- AGE PART(S) INDICATED BELOW AND FOR WHICH A PREMIUM CHARGE IS SPECIFIED. COVERAGE PART(S) I - -- ADVANCE FORM NUMBER DESCRIPTION PREMIUM(S) 305036 10YIIERS AAS CONTRACTORS PROTECTIVE LIABILITY 6D I ENDORSEMENTS (IDENTIFY BY FORM NUMBER) 30S833i 3=0111% IF POLICY IS SUBJECT TO AUDIT, AUDIT PERIOD SHALL BE ANNUAL, UNLESS I TOTAL OTHERWISE STATED: ADVANCE tare PREMIUM WIY IF POLICY PERIOD IS MORE THAN ONE I s ON INCEPTION DATE I f FIRST ANNIVERSARY I SECOND ANNIVERSARY YEAR AND PREMIUM IS TO BE PAID IN : INSTALLMENTS. PREMIUM IS PAYABLE: THESE POLICY DECLARATIONS AND PROVISIONS, AND COVERAGE PART(S) AND ENDORSEMENTS (IF ANY) ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. DATE OF ISSUE i SUBSEQUENT POLICY NO. I AG"00 01 EXTRA COPY LIABILITY/AUTOMOBILE POLICY 59nn—i_7s This endorsement modifies such insu. _ace as is afforded by the provisions of the p[ relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE —MANUFACTURERS' AND CONTRA%,iORS' LIABILITY INSURANCE OWNERS'. LANDLORDS' AND TENANTS' LIABILITY INSURANCE ADDITIONAL INSURED (GI07) (Engineers, Architects or Surveyors) It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage and Property Damage Liability Coverage applies, subject to the following provisions: 1. The word "insured" also includes any architect, engineer or surveyor engaged by the named insured but only with respect to lia- bility arising out of the premises of the named insured or operations performed by or for the named insured. 2. The insurance with respect to such architects, engineers or surveyors does not apply to bodily injury or property damage arising out of the rendering of or the failure to render any professional services by or for the named insured including (a) the preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications and (b) supervisory, inspection or engineering services. , SUSURIAX EINDIEEWING FIREMAWS FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION A MUCAN AUTOMOBILE INSURANCE COMPANY 71•X 103093-1.73 t PRESIDENT Y y 1 This endorsement modifies such in snce as is afforded by the provisions of the po -�)re)ating to the fallowing: CODIPREHENSWE GENERAL LIABILITY INSURANCE —MANUFACTURERS' AND CONTh...:TORS- LIABILITY INSURANCE OWNERS", LANDLORDS' AND TENANTS' LIABILITY INSURANCE ADDITIONAL INSURED (Gllo) (STATE OR POLITICAL SUBDIVISIONS — PERMITS) It is agreed that the "Persons Insured" provision includes as an insured any state or political subdivision thereof designated in the schedule below, subject to the following additional provisions: 1. The insurance applies only with respect to operations performed by or on behalf of the named insured for which the state or political subdivision has issued a permit. 2. The insurance does not apply to bodily.injury or property damage (a) arising out of operations performed for the stale or municipality, or (b) included within the completed operations hazard 3. If the Property Damage Liability Coverage is not otherwise afforded, such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been issued subject to the limits of liability stated herein. DESIGNATION OF STATE OR P, CITY OF CHANHASSEN SCHEDULE LIMITS OF PROPERTY DAMAGE LIABILITY S ©Q7QQQ EACH OCCURRENCE 1100131#000 AGGREGATE POLICY NUMBER INSURED FIREMAN'S FUND INSURANCE COMPANY PRODUCER THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION L�c ASSOCIATED INDEMNITY CORPORATION ouNT SIGNATUR OF AU - PRESIDENT AUTOMOBILE INSURANCE COMPANY �PRESIDENT 70•X i 05044-10-66 Y PREMIUM s XNCL EFFECTIVE [ZED AGENT ''COVERAGE PART — OWNERS' AND CONTRACTORS' PROTECTIVE IJhBI dTY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTACTOR SCHEDULE THE INSURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGES AS ARE INDICATED BY SPECIFIC PREMIUM CHARGE OP. CHARGES. THE LIMIT OF THE COMPANY'S LIABILITY AGAINST EACH SUCH COV. ERAGE SHALL BE AS STATED HEREIN. SUBJECT TO ALL THE TERMS OF THIS POLICY HAVING REFERENCE THERETO COVERAGES LIMITS OF LIABILITY A. BODILY INJURY LIABILITY S �� .000 EACH OCCURRENCE B. PROPERTY DAMAGE LIABILITY ; Kn .000 EACH OCCURRENCE - S Q .000 AGGREGATE --- CODE I PREMIUM - RATES ADVANCE PREMIUMS_ CLAB.I.P.D. BODILY INJURY PROPERTY DAMAGE SSIFICATION NO. _ BASESI COST 5100 OF COST Is f CONSTRUCTION OPERATIONS OWNERCMOT RAILROADS? 31S-3J6242 41?%L 4 INCL tINCL TOTAL ADVANCE PREMIUM I : na DESIGNATION OF CONTRACTOR G•L- CONTRACTIN& _ MAILING BI1�r1421 Us %?THSTo ADDRESS NNETONKAv 11N SS343 LOCATION OF CHRISTMA11 ACRES SUBDIVISION COVERED OPERATIONS CMAi11 HASSCUt 119 CHECK HERE IF THE FOLLOWING PROVISION IS APPLICABLE: Q THE PERSON OR ORGANIZATION DESIGNATED ABOVE AS THE CONTRACTOR HAS UNDERTAKEN TO PAY THE PREMIUM FOR THIS POLICY AND SHALL BE ENTITLED TO RECEIVE ANY RETURN PREMIUMS AND DIVIDENDS. IF ANY, WHICH MAY BEC OME PAYABLE UNDER THE TERMS OF THIS POLICY. I. COVERAGE A —BODILY INJURY LIABILITY COVERAGE B—PROPERTY DAMAGE LIABILITY The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of Coverage A. bodily injury or Coverage B. property damage to which this policy applies, caused by an occurrence and arising out of (1) operations performed for the named insured by the contractor designated in the schedule at the location designated therein or (2) acts or omissions of the named insured in connection with his general supervision of such operations, and the Company shall hpve the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the aliegations of the suit are groundless, false or Irauduient, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. (Continued on Reverse Side) POLICY NUMBER INSURED EFFECTIVE FIREMAN'S FUND INSURANCE COMPANY PRODUCER THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY 14.,�..� COUNTER GNATURE O A THORIZED AGENT � . 6_ U PRESIDENT 70-X _ 105038-1-73 'Exclusions * This policy does not apply: (a) to liability awurned icy the insured under any contract or agreement except an incidental e, act; but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; (b) to bodily injury or property damage occurring after _ (1) all work on the project (other than service; maintenance br repairs) to be performed by or orr behalf of the named insured at the site of the covered operations has been completed or (2) that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organizatfcn other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (c) to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees; other than general supervision of work performed for the named insured by the designated contractor; (d) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemplol- ment compensation or disability benefits law, or under any similar law; ,,e) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obliga- tion of the insured to indemnify another because of damages arising out of `such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (f) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control, or (4) work performed for the insured by the designated contractor; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed bJ the insured under an incidental contractor (2) expenses for first aid under the Supplementary Payments provision of the policy; (h) to bodily injury or property damage arising out of '(1) the ownership, maintenance, operation., use, loading or unloading of any mobile equipment while being used in any prearranged or organ`zed racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any. snowmobile or trailer designed for use therewith; (i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, th•� atmo- sphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (j) to loss -of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of perform- ance, quality, fitness or durability warranted or represented by the named insured; but th's exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on 'nehaif of the named insured after such prcductr or work have been put to use by any person or organization other than an insured - II. PERSONS INSURED Each of the following is an insured under this polipy to the extent set forth below: - (a) if the named insured is designated in the declarations as an individual, the person so designated and his spouse; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so desig- nated and any executive officer, director cr stockholder thereof while acting within the scope of his duties as such; and (d) any person. (other than an employee of the named insured) or organization while acting as real estate manager for the named insured. 1II. LIMITS OF LIABILITY Regardless of the number t;i (I ) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought or, account of bodily injury or property damage. the Cempar s liability is limited as follows: Coverage A —The total liability of the Company fcr ail damages including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the declarations as applicable to "each occurrence". Coverage B—The total lia ity of the Company fcr al: damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall r.^_t exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence... Subject to the above provision respecting •ea_h occurrence the total Liability of the Company for all damages because of all, property damage to which this coverage applies shall in exceed the limit of property damage liabi: y stated in the schedule as "aggregate". If more than one project is designated in the schedule such aggregate limft shall apply separately with respect to each project. Coverages A and B—For the purpose of determ:ning the limit of the Company's liability, all bodily injury and property damage arising out of continuous cr repeated exposure to substantially the same generai conditions shall be considered as arising out of one occurrence. IV. ADDITIONAL DEFINITION When used in re!erence to this insurance (including endorsements forming a part of the policy): "work" includes materials, parts and equipment furnished in connection therewith. V. POLICY TERRITORY This policy applies only.to,bodily injury or property damage which occurs within the policy territory. When used as a premium basis: "cost" means the total cost to the named insured with respect to operations performed !or 1-he named insured during the policy period by independent c3nirnctorz of all work let or su'c let in. connection with ea_h spec;!-.c pr_ject including the cost of all labor, materials and equipment furnished, used :. _deli rered !or uce in the execution --f such work, whe!:-er !ura_rhed by the owner. contractor or subcontractor, including all fees, allowarcec, bonuses or ccm nissicnc made, pa-,d or due. Main Office 571-6066 "1 USURBAN 6875 Highway No. 65 N. E. 1 NOINEERINO _ Minneapolis, Minnesota 55432 0 INC.-- - South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying * Land Planning • Soil Testing Burnsville, Minnesota 55337 ✓Mr. Bob Waibel, City Planner Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Mr. Jim Orr, City Engineer Schoell & Madson, Inc. 50 Ninth Avenue South Hopkins, MN 55343 Re: Christmas Acres Subdivision Gentlemen: September 24, 1980 SEP 1980 RECENEDco w VILLAGE OF, CHANHASSKN, MINN. This is to confirm our several conversations over the last week regarding the above project as follows: 1. Initially there was some confusion whether the requirements for the Developers Performance Bond or equivalent guaranty had been met. Brack Ward furnished me with a copy of the performance bond (later given to Bob Waibel) which had been forwarded to the City many weeks previous. Unless otherwise advised, I am assuming the bond has been located and work on the project can proceed. 2. To date, I have not received written approval of the Plans and Specifications for Utility and Street Construction subsequent to my correspondence of May 23, 1980. Per discussion with Jim Orr on the telephone this A.M., it is my understanding that everything is satisfactory and construction can proceed based on plans and spec- ifications submitted with that correspondence. 3. At the Council meeting of September 22, 1980, the city council denied the owners petition to construct a dead end water main system. The contractor has subsequently been advised to com- plete the full water main looping as shown on his alternate Bid. 4. A contract has been awarded to G.L. Contracting for com- pletion of utility and street construction only, as shown in the approved Plans and Specifications. Copies of both the Contractors Certificate of Insurance and Owners Protective Liability Binder have been hand carried to Bob Waibel and I am assuming are satisfactory unless otherwise advised. An extra copy of each is attached herein for the City Engineer files. Robert Minder, Reg. Eng, E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Sun). Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldcf, Reg. Eng. 1 USURBAN NQINEERING INC. nCivil, Municipal & Environmental Engineering ❑ Land Surveying • Land Planning • Soil Testing Page 2 Re: Christmas Acres Subdivision 'Main Office 571.6066 16875 Highway No. 65 N. E. � Minneapolis. Minnesota 55432 Sou�ice 890-6510 I1101 Cliff Road ,Burnsville, Minnesota 55337 5. The Contractor has been advised to notify the City Utility Superintendent prior to start of any taps on existing utilities and to notify the city engineer office for inspection approval of each stage of street & utility construction prior to going on to a new stage in the same area. I trust the above will clarify the status of the various items. Please call if there are any questions. Thank you for your assis- tance. Sincerely, SUBUR AN ENGINEERING, INC. 10-7 K/ awe ✓ G. Dale Hamilton GDH/cae Encl. cc: Daryl Fortier - KKE Architects Frank Beddor, Jr. W. Brack Ward Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W Waldof, Reg. Eng. NAME AND V. )F AGENCY COMPANY VAe Effective 10t©C am 19 8D 4 A'MuE South , Expire 12:01 am ❑ Noon 1p 19 �0 lk- lot = 5534.3 , I This binder is issued to extend coverage in the above named company per expiring policy # t DRESS OFINSURED NAME AND MAILING ADIV, De=ription of Operation/VehicUs/Prope rty +,_ .� ftwok 0a #.era.: -. 3: smt lea Ue. was Amme &bdi isim Rite 3`'jj s 10901 Red Ciftle eve: ghm3h& *fen, l W 5534.3 Type and Location of Property Coverage/Perils/FOrmi of insurance i Ded. P _lAmt = R 0 P E R T Y Type of Insurance Coverage/Forms Limits of Liabili Each Occurrence Aggrepte L A [I Scheduled Form ❑ Comprehensive Form Bodily Injury $ $ ##CIF B ❑Premises/Operations Property 1 ❑ Products/Completed Operations Damage $ 5M AN $ L ❑ Contractual Bodily Injury & I V Other (specify below) s Property Damage T Y ❑ Med. Pay. $ Per $ Per Person Combined $ Personal Injury Is Accident ❑Personal Injury ry 'u ❑ A ❑ B D C A Limits of Liability U ❑ Liability ❑ Non -owned ❑ Hired Bodily Injury (Each Person) $ T ❑ Comprehensive -Deductible $ Bodily Injury (Each Accident) $ 0 ❑ Collision -Deductible $ 0 ❑ Medical Payments $ F Property Damage $ g ❑ Uninsured Motorist $ Bodily Injury & Property Damage 1 ❑ No Fault (specify): L ❑ Other (specify): Combined $ E ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) O EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS/OTHER COVERAGES • Oreers motive IAAhL V NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE Q ADD'L INSURED II iLOAN NUMBER - fte atr at CbanLsssan, 76110 laredo Dr. Signature of Authorized R resentative Date ACORD 75 (11.77) D +AME AND =- AGENCY Gladw: :ranee and Bonds COMPANIES AFFORDING COVERAGES 738-1 -eaue South Y A Hopkir .;sinesota 55343 LETTER -Assoiated IndemitYcor poration COMPANY - -- LETTER American Insurance C NAME AND 1 55 OF INSURED COMPANY G e L. n racting, Inc a LETTER C 11421 "'.-at 47th Street �h Minnetonkat �esota 55343 COMPANY LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. stan Notwithding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the described herein is terms, exclusions and conditions of such policies, policies subject to all the COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRAT ION DATE Limits of Liabilit in Thousan s ( ) EACH 3-30-82 BODILY INJURY OCCURRENCE AGGREGATE B GENERAL LIABILITY LA 28i 2 08 s 5OO s 500 COMPREHENSIVE FORM PREMISES —OPERATIONS ® EXPLOSION AND COLLAPSE PROPERTY DAMAGE s 25o s 250 « HAZARD UNDERGROUND HAZARD PRODUCTSICOMPLETED — OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED $ $ DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY S LIABILITY B gA�UTOMOBILE G1 COMPREHENSIVE FORM ID OWNED Lg`J� HIRED L`J NON -OWNED EXCESS LIABILITY B UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES BODILY INJURY = LA 281 2'f t, W 3-30-82 (EACH PERSON) l!� JBODILY INJURY s (EACH ACCIDENT) PROPERTY DAMAGE f BODILY INJURY AND M� PROPERTY DAMAGE 5 1 , OW ___Fg$ 141 65 05 3•-30-81 WC 246 68 95 3-30-81 BODILY INJURY AND PROPERTY DAMAGE $ 11000 �Sjt000 COMBINED STATUTORY 100 (EACHACCIDENT Utility and Street Construction in Christmas Acres Subdivisi'ant Chanhassen, Minnesota Cancellation. Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: W. Brack Ward & Frank Beddor Jr., e% Pinancial Management Services Inc. Suite 357t 10901 Red Circle Drive Minnetonka, W 55343 DATE ISSUED. -j4 \1� . 9.: 25 (1.79) " Main Office 571.6066 USURMAN 6875 Highway No. 65 N. E. E �F NOINEERING _ Minneapolis, Minnesota 55432 INC.-- South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying * Land Planning • Soil Testing i Burnsville, Minnesota 55337 September 24, 1980 Minnehaha Creek Watershed District % E. A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 ATTN: Wayne A. Fretheim Re: Christmas Acres Subdivision, Chanhassen Dear Wayne: This is to advise you that a contract has been awarded to G. L. Contracting of Minnetonka for the utility and street construction on the above referenced project pursuant to Minnehaha Creek Watershed Application dated March 21, 1980 and subsequently approved at the meeting of April 17, 1980. To date I don't think I've received a written confirmation of the approval. Would appreciate if you could copy me on this. Weather permitting, work by G & L will be starting late this week or early next week. Please call if you should have any questions as the work progresses. Thank you for your assistance. GDH/cae cc: Daryl Fortier - KKE Architects Frank Beddor, Jr. W. Brack Ward Jim Orr - City Engineer Bob Waibel - City Planner Dave Swanson - G. L. Contracting Sincerely, SUBURBAN ENGINEER G, INC. mot- /�,�..,,.dl�J - G. Dale Hami 1 oYI `` S EP 1980co � RECEIVED �VILLAGE OF �� WI � CHANIiASSEAi, ; !jC MINN. C� Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Sure. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg: Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg, Suru, Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. SUBURBAN ENGINEERING, M. Main Office 571-6066 South Office - 890-6510 6875 Highway No. 65 N.E. 1101 Cliff Road Minneapolis, Minnesota 55432 Burnsville. Minnesota 55337 To DA _ r • W1, kan.k [k)-ard- ' /' i{.6�C � i FaJr, P/I t-)e,,d DATE JOB NO. ATTENTIO (AA' /�Q^ RE: A / _ 1 *1 GENTLEMEN: / -- WE ARE SENDING YOU P Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Copy of letter ❑ Change order R-` _rVc- A; In ale:r - the following items: ❑ Specifications .- -DESCRIPTION FINE ME 9• � -� - Ai 1011- ,1 � 0 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment P---- F;& FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ,J ;" FIA rah r l >-Ya!/ Y1 l I Yci(i7�Jf� Jd i D /1 2 O' ak a PS 11 L._ ( I- J r_— - 67 jr I�pii A MAN. Arr 1WAW_"JW'!VA_a"P_U0J7' 1��100 OEM wt WE COPY TO__0�7 FORM 240-2 Available from des Inc., Groton, Mass. 01450 wle-1 , SIGNED: If closures are not as noted, kindly notify us at once. Council Meeting September z2, 1980 -3- REVIEW PLANS AND SPECIFICATIONS, PUBLIC IMPRUMIlMWS, CHRIS'IMAS ACRES: Dale Hamilton, Suburban Engineering, and Ea:'a-ck Ward were present requesting that the Council delete the requirement of looping the watermain through Christmas Acres because of the cost involved (approx. $16,000). 1 Councilman Geving moved to deny the request and that the Council reaffirm the position that there will be a looped watermain from Pleasant View Road. through Christmas Acres back to Pleasant View Road as prescribed in the development contract. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux; Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. DEVELOPMENT CONTRACT APPROVAL, COLONIAL GROVE SECOND ADDITION. Bill McRostie was presen to discuss proposed changes in the develoFament contract. RESOLUTION 180-36: Councilman Pearson moved the adoption of a resolution approving 1 the development contract for Colonial Grove Second Addition as submitted in the September 22, 1980, Council Agenda with three amendments.. 1. Page 3. That the amortization period for the 1980 special assessments be eight years. 2. Page 4a. That Option #1 on the letter of credit expiration date be selected. 3. The developer may apply for letter of credit 'reductions on a semiannually basis as reductions in the unpaid principal balance on the 1980 project assessments occur. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to approve the norrconfoming use permit for Beach Lot - Colonial Grove at Lotus and Lake and Colonial Grove at Lotus Lake Second Addition as submitted in the September 22, 1980, Council Agenda with the addition of tennis court in section.l, subsection 1.02. Motion seconded by Councilman Gev ng. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes.. Motion carried. SATELLITE FIRE STATION: The Miller's have presented a counter offer of 1.1 acres, instead of 1.5, for an amount of $27,500. The Council directed staff to present $27,500 for 1.5 acres. BILLS: Councilman Swenson moved to approve the bills dated September 22, 1980. Checks #12008 through#12088 in the amount of $692,874.51 and checks-#15628 through #15730 in the amount of $227,925.02. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. EIDE FILL SITE: Mr. Eide is not happy with the job that was done in taking fill out of his property at Lyman Blvd. and Lake Riley Blvd. Staff was instructed to meet with Mr. Eide and explain that the design for the reconstruction was drawn by the DNR. Staff, DNR, and Department of the Army have inspected the site and have approved it. n o� MERLE VOLK PROPERTY: Mr. Volk will appear before the Planning Commission to ask if i they would entertain some sort of zoning amendment for his property on Galpin Blvd. Councilman Pearson moved to adjourn. Motion seconded W Councilman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Meeting adjourned at 12:00. Don Ashworth City Manager y�5 KORSUNSKY KRANK ERICKSON ARCHITECTS. INC. September 11, 1980 Mr. Bob Waibel Land Use Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Christmas Acres Comm. No. 79-44 Dear Bob: ARCHITECTS • PLANNERS • INTERIOR DESIGN 4, SEP 1980 d RECEIVED ; V,w►= As per our telephone conversation and your letter of September 5, we again request that Christmas Acres be put on the next City Council agenda. We are the applicant of record for this project, and this shall serve as our written request to appear before the City Council. The issue to be discussed shall be the requirement to provide a water line loop off Pleasant View Road through the Christmas Acres Subdivision and back to Pleasant View Road. We shall make the point that it is a burdening cost for the four resident's lots to bear the cost of approximately $16,000.00 or $4000.00 per lot. We propose that this line not be looped and that it terminate at the cul de sac which would result in a 500 ft. dead end water line. We understand that there is a valid concern that settlement would occur in this dead end line and it is especially probable s.i.nce_there is a low draw of -- water through this line. We believe the settlement would be of minor annoyance and when it becomes a significant objection, the resident's affected (4) could have this line flushed at the fire hydrant which is the termination of the line. It is our opinion and that of Suburban Engineering, that this would adequately clear the line and once again provide water quality as provided elsewhere in Chanhassen. We believe this will be less of an annoyance to the future resident's than the expenditure of $4000.00 per lot. We also find a fair precedence to allowing a dead end water line of 500 ft. It has been called to our attention that there are several other locations throughout Chanhassen where dead end water lines are well in excess of this 500 ft. that we are seeking approval for. Indeed, we believe the City has even proposed some of these dead end lines in their improvement projects, al- though it is admittedly against City policy. We shall also call attention to the fact that this dead end water line will not affect the remainder of the Chanhassen system. If there are any adverse effects, it will be felt only by the residents of Christmas Acres, and, of course, they have the ultimate remedy of completing this water line in the future should it become an untenable situation. 570 GALAXY BUILDING 330 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 (612)339-4200 r Mr. Bob Waibel September 11, 1980 Page Two Comm. No. 79-44 Please advise as to the date when this will be placed on the City Council agenda. Should you have any questions or require additional information, please call. S i ncereIy, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Daryl P{.' Fortier, A.I.A. Director of Design DPF/dkj cc: Frank Beddor Brack Ward Jim Orr. Jules Smith PLEASE NOTE OUR NEW ADDRESS AND TELEPHONE NUMBER. Manager's Comment Jim Orr was out of town Monday through Wednesday (Sept. 15-17) and, as such, written response/recommendation is not included. Jim will be present Monday evening. Where problems have developed, continuous flushing has and will be required. For example, the deadend line on Dartmouth fluctuates in the amount of flushing required varying from twice per week to once every two months. In addition, this frustration led one of the owners to purchase special softening equipment. That expenditure by him was requested to be paid by the City. Although the City did not pay in this instance, the owner had a definite unexpected problem. It is hard for me to believe that his frustrations are with the original developer. Instead, I am sure his anger is with the City. This office cannot recommend shifting the burden from the developer to the City. KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. September 4, 1980 Mr. Bob Wa i bel City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Christmas Acres Comm. No. 79-44 Dear Bob: ARCHITECTS / PLANNERS / INTERIOR DESIGN We respectfully request that Christmas.Acres be placed on the next City Council agenda. The issue to be discussed will be the requirement of installing a water line loop. It is the client's opinion that this would not be required and is a burdening cost for only three residents. The City Engineer, Jim Orr of Schoell and Madson, is of the opinion that the water quality to the residents would suffer should the loop not be provided. Jim Orr does not believe there would be any difficulties to the City if the loop is not provided. Please advise as to the date when this will be placed on the City Council agenda. Sincerely, KORSUNSKY KRANK E,IIC KSON ARCHITECTS, INC. Y Daryl P. Fortier, A.I.A. Director of Design DPF/dkj cc: Frank Beddor Brack Ward Jim Orr pc-., * -"/Jj c SEP 1980 RECEIVED VILLAGE OF C1ANHASSEN, MINN. 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 CITY OF 6" 7610 LAREDO DRIVE* P.O. BOX 14.7vC1,iANHASSEN, MINN F-SOTA55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, Land use Coordinator DATE: August 28, 1980 SUBJ: Plans and Specs, Christmas Acres PLANNING CASE FILE NO. P-595 I Daryl Fortier has indicated that their engineers are in disagreement with the Schoell,-.' -.'And Madson recommendation to loop the watermain within ' said development. As such, Mr. Fortier has requested to be,on a City Council agenda,. if need be, as soon as possible to air the disagreement. BW:nr b Bob Waibel The above. st.m4st be placed in writing, by the applicant, detailing areas`-b-f -diedzgreement Without such, neither the staff rch/ debate the1' _- .49Lve(s) and all parties involved waheir time. As such, this'Item wa,s- deleted from this agenda: Notify the applicant of the deletion .1 and requirements for Council consideration. If they desire not to inform staff/ council of the basis of their - concerns, they may appear under "visitor presentations" at any regular council meeting. W7717- CITY OF C H A x H A 0 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, Land Use Coordinator DATE: August 28, 1980 SUBJ: Plans and Specs, Christmas Acres PLANNING CASE FILE NO. P-595 Daryl Fortier has indicated that their engineers are in disagreement with the Schoell:.=and Madson recommendation to loop the watermain within said development. As such, Mt. Fortier has requested to be on a City Council agenda, if need be, as soon as possible to air the disagreement. BW:nr THE AMERICAN DRUGGISTS' INSURANCE COMPANY 800 American Building • Cincinnati, Ohio 45202 TEL. 721-4270 aEc19so ASP REcov, V1LL.a � � CHANHAB' M1NN. „4 GENERAL FORM STATUS INQUIRY -�9 k z19 � Ow er, 010 Obl • or Originating Co. Our Bond No. l✓�J� !� Address Address: E Owner: Contract Price $ ��f.� Bond(s) Effective Date ��/t�.fl ���7 Z'L& Without prejuding your right or affecting our liability under our bond(s) described above, we would appreciate such of the following information as is now available. Very truly yours, By 1 IF CONTRACT COMPLETED, PLEASE STATE: Approximate date of completion of work (or final delivery) Approximate acceptance date Final Contract Price `- 2. IF CONTRACT UNCOMPLETED, PLEASE STATE: Approximate percentage or dollar amount of contract completed or delivered 3. Do you know of any unpaid bills for labor or material (Check) 4. Remarks: (If any) Date _ 19 Signature PLEASE RETURN ORIGINAL OF THIS INQUIRY TO Title ADDRESS 9001 E. BLOOMINGTON FWY, ATTENTION MINNEAPOLIS, MN 55420 Yes No RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Julius Smith Attorney at Law 215 Yorktown Office Court 7101 York Ave S Minneapolis MN 55435 Dear Mr. Smith: May 27, 1980 Re: American Druggists' Bond No. SP 673093 Chanhassen) 1�k TELEPHONE (012) 335-9565 Insurance Subdivision (Christmas Acres in This letter is to confirm my conversation of May 22, 1980 with Tom Owens of your office wherein Mr. Owens advised me'that two typographical errors were present in the aforementioned sub- division bond. Specifically, that bond cross-references a Chanhassen development contract erroneously described therein as "Residential Subdivision Redevelopment Contract dated April 29, 1980". The correct description of the development contract in, question is "Residential Subdivision Development Contract dated April 28, 1980". Mr. Owens advised me that Richard Nelson of The Agency, Inc., issuing agent for American Druggists'. Insurance Company, had authorized Mr. Owens to correct the typographical errors occurring in the description of the development contract in question. Mr. Owens made the changes in question and tendered the subdivision bond to the City. If the foregoing is not consistent with your understanding of the facts, please so advise the undersigned in writing within ten (10) days of the date of this letter. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM: ner28293p3y cc: Richard Nelson c/o The Agency, Inc. MAY 1980 '-) 9001 East Bloomington Freeway �'�,� Bloomington MN 55420 ED oz� VF- AGE OF ter; CHANHASSEN, Cb,", �r'�w_ MINN. .�C� LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL May 27, 1980 HARVEY E. SKAAR MARK C. MCCULLOUGH Richard Nelson c/o The Agency, Inc. 9001 East Bloomington Freeway Bloomington MN 55420 Dear Mr. Nelson: TELEPHONE (612) 335-9565 Re: American Druggists' Insurance Subdivision Bond No. SP 673093 (Christmas Acres in Chanhassen) 14 This office represents the City of Chanhassen. Attached is a copy of my letter o€ May 27,'1980 to attorney Julius Smith concerning the bond which your agency procured in connection with Christmas Acres. Enclosed is a photocopy of the subdivision bond as tendered to the City of Chanhassen. If the changes in question were not authorized by your firm, please advise the undersigned in writing within ten (10) days of the date of this letter. I assume, however, that you did authorize correction of the typographical errors in question. Accordingly, I ask that your firm go on record to that effect. Please have Thomas Fairfield or George M. Hock or Robert A. Grewe indicate his approval of the typographical corrections in question by signing the enclosed duplicate copy of this letter and returning it to me. using the envelope provided. Very truly yours, CRAIG M. MERTZ. Assistant Chanhassen City Attorney CMM:ner Enc cc: Don Ashworth The undersigned, true and lawful Attorney -In -Fact with full power and authority to bind the American Druggists' Insurance Company, hereby acknowledges that the correction of the description of the development contract described in American Druggists' Insurance Company Subdivision Bond SP673093 to read "Residential Subdivision Development Contract dated April 28, 1980" rather than "Residential Subdivision Redevelopment Contract dated April 29, 1980" does not constitute an alteration. of said bond and does not effect the liability of American Druggists' Insurance Company as surety on said bond. Dated: SS. COUNTY OF HENNEPIN) On this 14th day of May , 1980 , before me a NOTARY PUBLIC within and for said County personally appeared ROBERT A. GREWE, to me personally known, who, being by me duly sworn did say that he is the ATTORNEY -IN -FACT of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, the cor- poration named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said ROBERT A. GREWE acknowledged said instrument to be the free act and deed of said corporation. ,nnnnr,nnnrv, , any,* CAROLE L. NELSON ,aK• v NOTARY PUBLIC -i•iINNESOTA � HENNEPIN COUNTY My CommissionExpimsApril 12.1985 Notary Public AMERICAN DRUGGISTS' 1NSURANCE � CumrAR Y 800 American Building • Cincinnati, Ohio 45202 • 513 - 721-4270 SP ? 673093 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati, State of Ohio, has made, constituted and appointed, and does by these presents, snake, constitute and appoint Thomaz Fai,%Ji.eed, George M. Hock. on Robert A. Gnewe hunneapoU6, M.innebota. --- of its true and lawful Attorney -in -Fact with lull power and authority hereby conferred to sign and deliver in its behalf as Surety, any and all kinds of Surety Bonds, except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' confirINSUmed, provided hat he liabiland all ity ofsthe Company as of said -in-Fact, lyconpanyrsuch bond executed under ant to the authority this authoriare ttyrshall not exceed One. Htuidn.ed Thousand Dotfau THIS POWER VOID IF ALTERED OR LiRASED Oil 1F 110Wl:ll NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said At torney4n-tact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of tills Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any powet of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of y such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any an such power so executed and scaled and certified by certificate so executed and scaled shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCI: COMPANY, duly adopted and now in force, to wit: Ali Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds in the name ol" the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of -Juty —1 ---- . 19 �� but until such time shall he irrevocable and in full force and effect. IN. WITNESS WIlERI;OF, the said Till: AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut• ed by its officer, with its corporate seal affixed, this date of _ fJ�� / lg .. THE AMERICAN DRUGGISTS' INSURANCE COMPANY " is i`'��K ><EAI STATE OF OHIO Y SS: President COUNTY OF HAMILTON � On this /�_ 19 go , before me, a Notary Public, personally appeared Gordon M. Barker who being ' b me duly sworn, acknow edged that he signed the ahove Power -of -Attorney as an officer of the said THE AMERICAN DRUGGIY ' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. STS My commission expires: January 15, 1985. Notary Public If vml have anv kUSURBAN NOINEERINO INC Q a Civil, Municipal & Environmental Engineering ❑ Land Surveying • Land Planning • Soil Testing Mr. Bob Waibel, L.U.C. City of Chanhassen 7610 Laredo Drive Chanhassen, MN. 55317 Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 May 23, 1980 Re: Utility/Street Plan Review Christmas Acres Subdivision Dear Mr. Waibel: This will acknowledge receipt of copy of plan review correspondence from Schoell & Madson, Inc., for utility and street construction on the above referenced project. Two new copies of plans are attached for your review and approval. Items have been clarified on the plans to the extent possible as follows: 1. With regards to the insulation over the sanitary sewer, both the foamglas jacketed insulation, as fabricated by MacArthur Company, and Styrofoam Hi brand plastic foam insulation have been acceptable in this area for some time, with the insulation board probably being the more commonly used in recent years. Because of the need for firm bedding around the sewer pipe and placement at minimum grade, we would prefer to stay with the board type insulation on this project unless there is some over-riding reason it should not be used. I have added more detail to the plan which will further assure the necessary earthen cover over the pipe and insulation board,in conformance with the Dow Chemical installation specifications. A copy of the Dow Chemical information Bulletin is attached for your review. Please advise me if this is not satisfactory. 2. With regards to the energy dissipator at the end of the 12-inch Storm Sewer, the rip rap has been extended 5 feet further and a half dozen 6"+ boulders specified to be placed on top of the riprap cradle along the water flowline, which should be adequate. This has been reviewed by the watershed district and meets their requirements. 3. With regards to the soil erosion, the utility and street plans do not involve work on the backslopes, side slopes and building pads of the site. This was handled by separate permit request by others through the watershed district about a year ago and presumably provides for stabilization of slopes and erosion control as a condition to approval. Erosion control must, by its very nature, be an ongoing thing, however, and constantly worked at. Specific pay items for sod, hay bales and sandbags have been included in Schedule 4 of the Proposal Form and expanded on in considerable detail in paragraph C-14 of the Special Provisions, to assure that work on this contract will adequately pro- tect the existing slopes. With channelization of storm waters into the gutters and outlet through "improved" swales, potential soil Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng Gary R. Harris, Reg. Surv. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A. Paterson, Reg. Eng. Robert E. Lund, Reg. Eng. Thomas F. Donahue, Reg. Eng. '1, , Main Office 571-6066 UBURBAN 6875 Highway No. 65 N. E. r--17 NGINEERING Minneapolis, Minnesota 55432 INC. South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Page 2 - Mr. Bob Waibel, L.U.C. Chanhassen, MN 55317 erosion should be considerably reduced until the rest of the site work can be completed by others under separate contract. 4. With regards to the catch basin sump, the normal D.O.T. sump depth is 0.20' except where adjacent to the travel lane, in which case it would only be 0.10'. The purpose of the sump is to assure effective channelization of storm waters into the catch basin structure. In this case, we have 3.3% and 7.0% grades toward the structure and it should function very well as shown, without creating a "bump" that would extend out into the paved area of the cul de sac. 5. With regards to the PVC storm sewer, the intent was that it would be solvent cement joint and this has been added to the plans to assure compliance. 6. With regards to the street width, Section 8.03 of Ordinance No. 3 is not specific as to whether the measurement is back to back of curb or face to face of curb and interpretations of this vary from suburb to suburb. The basis for the design width used was taken from City Project 78-5 for the north frontage road for T.H. No. 5 which was also 28'0" back to back of curb. I'm sorry I didn't catch this one sooner because it could have easily been accommodated in the design stage. A revision now would involve revising the cul de sac align- ment and curb grades at more expense to the owner. Because of the low traffic volumes (only 4 single family residences on the street) we would like to request permission to construct the street to widths as presently shown on the plans. Thank you for your assistance with the above. Sincerely, SUBUR ENGINEE ING, INC. G. Dale Hamilton Project Engineer GDH/b j h cc: Jim Orr, Schoell & Madson Daryl Fortier, Korsunsky, Krank Arch. W. Brack Ward, Financial Mgmt. Services Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A. Paterson, Reg. Eng. Robert E. Lund, Reg. Eng. Thomas F. Donahue, Reg. Eng. W CITY"OF CHANHASSEN k. 7610 LAREDO DRIVE®P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 - May 23, 1980 Mr. Frank Beddor 910 Pleasant View Rd. Chanhassen Minnesota 55317 Dear Frank and William: Mr..William B. Ward and 6840 Utica Lane Chanhassen Minnesota 55317 Attached please find the status df�the escrow account of Christmas Acres. As you will note, the account is presently in a deficit of $380.70. In order that the account can be prepared for closing and that the plat may be filed, I have contacted Craig Mertz and Jim Orr on any possible remaining work to be billed and it has been estimated that there is approximately another $400 of legal work yet to be billed. In order for us to release the plat, a deposit in the amount of $780.70 should be made to the City Treasurer. Also in perusing the file plat materials, I noted that the insurance binder indicates coverage until July-8, 1980. For compliance with the development contract insurance provisions, a minimum one-year liability policy should be filed at the City offices on or before June 17, 1980. If you have any questions or comments on the above, please do not hesitate to contact me. Sincerely, Bob Waibel Land Use Coordinator BW:nw cc: Don Ashworth, City Manager Craig Mertz, City Attorney Jim Orr, Engineer i Chanhassen\4�n.,—�� 19 IN ACCOUNT WITH CITY OF CHANHASSIEN 3 a,142 v" ems? 710 `f 20 70 i } 1 : l Chanhassen\4�n.,—�� 19 IN ACCOUNT WITH CITY OF CHANHASSIEN 3 a,142 v" ems? 710 `f 20 70 i } 1 : l CITY OF 7610 LAREDO DRIVE+P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 CHRISTMAS AC (612) 474-8885 DEVELOPMENT #955 ESCROW PAID March 24, 1980 300.00 LARSON & MERTZ March 1980 Review covenants as prepared by atty Jules Smith on 3-28 LARSON & MERTZApril C' and conference w/BW re same; review development contract and subdivision bond; preparation of report on 3-28 to BW re development contract, covenants and performance bond and telcon w/Jules Smith re same; telcon w/Dale Campbell re assessments on project aces; telcon 3-31 from Diane Hyde . of insurance agency re performance bond: 257.40 1980 Telcon 4/1 w/Jules--Smith re development contract, telcon Bill Ward re changes.zin�development contract and conference w/DWA re same, telcon 4/3 w/BW re development contract, telcon 4/7 w/Jules Smith re performance bond and covenants; attend Council meeting 4/7 re development proposal; revise on 4/15 of develop- ment contract as drafted and correspondence to Jules Smith and JS re s.ame; review on 4/18 of legal descriptions for prelim- inary pl a_t� development ":contract and Smith title .opinion and correspondence to Smith -re same; conference on 4/24 w/JM re opening balance of assessments to be paid by developer; telcon on 4/24 w/JS re performance bond and development contract; telcon 4/25 w/Smith office re changes in development contract, review City Treasurer notes on proper amount of assessment and ::� correspondence to JM and Smith re same; telcon on 4/28 from leveloper`�s:.:performance=bond agent rewording of bond; telcon a ._. 4/30 .w/Tom._Owen ..re development -contract,,. signed plat and per-- _ fom�ance bond: 423.30 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Assistant City Box 147 Chanhassen MN LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Manager 55317 May 21, 1980 Re: Christmas Acres Dear Bob: TELEPHONE (612) 335-9565 Enclosed you will find two copies of the development contract for Christmas Acres. Your file should contain copies of my letters dated April 16, and April 25, 1980 concerning the wording of the development contract. The developer has made several changes which I do not find objectionable. On page 1 the reference to the estate of Merrill Bartlett has been deleted. However, attached to the development contract is a letter from the the estate's attorney which serves the same function as the deleted language. In Section 9 the developer has inserted the amount of the bond. I have not verified the proper bond amount with the City Engineer;on page 9 Frank Beddor's address has been corrected. Development contract approval was granted by the City Council at its April 17, 1980 meeting. If you find the development contract to be in order as submitted, please obtain the signature of the Mayor and City Manager on both copies. One copy should be pla-ced in the City's file; the second copy should be forwarded to Jules Smith, attorney for the Developer. Also enclosed"is a copy of the Developer's insurance binder for liability insurance. I note that the binder expires on July 8, 1980. The binder lists the City of Chanhassen as an additional insured. If you have any questions, please call. Very truly yours, r CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner Enc cc: Jules Smith Don Ashworth L � t 1 CITY OF CHANHASSEN RESIDENTIAL SUBDIVISION DEVELOPMENT CONTRACT PLAT OF CHRISTMAS ACRES THIS AGREEMENT, G EMENT, made and entered into this �gday of , 1980, by and between the City of Chanhassen, a muni(tipal corporation, hereinafter referred to as the City, and William Bracken Ward, Patricia C. Ward, Frank Beddor, Jr., and Marilyn Ann Beddor, hereinafter referred to collectively as the Developers. WITNESSETH: WHEREAS, the Developers are the contract for deed vendees of certain lands as described in Exhibit A attached hereto (herein-:' after referred to as the Subject Property); and WHEREAS, the Developers, -wimkt the -knewledge- and -eenent- • P-rare-t-y, have made application under the City Subdivision Ordinance for City Council approval of single family residential development preliminary plat of said land, said plat to contain approximately 11.2 acres divided into seven lots and to be known as Christmas Acres, and WHEREAS, the City Council by its resolution passed on May 7, 1979, has approved said preliminary plat, subject to and on con- dition that Developers enter into this agreement; and WHEREAS, the City has established the policy of requiring land developers to furnish surfaced streets, curbs, gutters, boule- vard sodding, driveways, storm surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developers' expense to construct, install, and per- form all work and furnish all materials in connection with the installation of the following improvements: 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; f. Street signs; g. Boulevard sodding; h. Driveway surfacing; i. Underground utility lines; j. Street lighting. -1- NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Christmas Acres, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: 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; f. Street signs; g. Boulevard sodding; h. Driveway surfacing; i. Underground utility lines; j. Street lighting., 2. Standards of Construction.. Developers agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developers. 4. Schedule of Work. The Developers shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the dates hereinafter specified for completion. It is understood and agreed that the work shall be performed .in one phase to be completed by July 15, 1982, as follows: 1WM a. Phase I: Installation of all improvements in the proposed plat, including street, sanitary sewer, water, concrete curb and gutters, storm sewer, and final street wearing course shall be completed by July 15, 1982. 5. Roads, Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities in said plat, said plans and specifica- tions to be in substantial accord with the proposed plans thereof prepared by Korsunsky, Krank Architects, Inc. and dated December 19, 1978, and designated City Council Exhibit "A" dated May 17, 1979. All plans and specifications shall be subject to the final approval of the City Engineers. b. As -Built Plan. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the.installation of the foregoing facilities within the plat. C. Easements. Developers, at their expense, shall acquire all easements from abutting property owners necessary to the instal- lation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Developers shall reimburse 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 thereof by the Developers. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs to the address set forth in 1127 below. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom andthe costs, disbursements, and expenses of defending the same. -3- 8. Written Change Orders. The Developers shall do not work and furnish no material for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developers without such written order first being given shall be at their own risk, cost and expense, and the Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring and guaran- teeing to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Ill hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developers shall fully comply with all of the other terms and provisions of this Development Contract, the Developers agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the total cost of said improvements as estimated by the City Engineer, which said 110% estimate is in the amount of $70,043.33. 10. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of each lot within the plat: a. Boulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right of way, the materials and installation of which shall be approved by the City engineers. For the purpose of assuring to the City that the improvements re- quired by this I(10 shall be constructed and installed according to the requirements of this agreement, Developers or their assigns agree to deposit the sum of $300.00 per lot with the City at the time appli- cation is made for a building permit for each lot. Said deposit shall be returned to the Developers or their assigns upon approval of the installations by the City. 11. Erosion Control. Developers, at their expense, shall pro- vide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. Developers shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developers, their agents or assignees. -4- 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City 24 months after the completion of installation of the street lighting system, or after 75% of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers shall take out and maintain during the life of this agreementpublic liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developers' work or the work of their subcontractors, or by one directly or indirectly employed by any of them.. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shallbe named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. Prior to commencement of.construction of the improvements described in 111, above, the Developers shall file with the City a certificate of such insurance as will protect the Developers, their contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the installa- tion by Developers of the improvements set forth in Ill hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developers -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; provided, however, that the dedication of any public rights of way within the plat of Christmas Acres shall not become effective until the expiration of the guarantee period described in 1(14 above. -5- 18. Building Permits. The Buil(l i 11<I Inspector, upon approval of the City Manager, shall be authorized to immediately issue building permits for residential construction upon Lots 6 and 7 in Block 1 within said plat, and, upon completioll ()f the grading and placement of rock stabilization materials for "Oad construction within said plat, for residential construction upon Lots 1 through 5 of Block 1 of said plat, upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure on Lots 1 through 5 within said plat for residential purposes shall be prohibited by the City until the bituminous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Upon Default. a. Assessments. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within ten (10) days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the improvements described in ill above to be constructed andinstalled or may take action to cure such other default and may cause the entire cost thereof, including all reason- able engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case the Developers agree to pay the entire amount of such assessment within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the M.S. Chapter 429 notice requirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Bond. In addition may also institute legal action against rate surety on its performance bond, or or letter of credit delivered hereunder, the City for: to the foregoing, the City the Developers and the corpo- utilize any cash deposit made to collect, pay, or reimburse neviseci Uruli 4/ ZD/ OU 1. the �')st of completing the cons�uction of the improve- ments described in 1f1 and T14 above; and 2. the cost of curing any other default by the Developers in their performance of any of the covenants and agree- ments contained herein, except timely payment of the Project 75-2 and Project 71-1 assessments described in 120 below. 3. the cost of reasonable engineering, legal, and adminis- trative 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 abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 20. Special Assessments. a. The Developers acknowledge that the Subject Property derives special benefit from trunk and lateral sewer and water facilities in- stalled by the City as a part of the Carver Beach Improvement Project 75-2 and the North Service Area Improvement Project 71-i1, and that the amount of said special benefit for Project 75-2 is $25,668.00, and for Project 71-1 said special benefit is $19,566.00. The Developers hereto acknowledge that special benefit is alloc- able in seven equal parts to the seven building sites on the proposed plat, provided however that in making such allocation, full credit shall be given to the Developers for all payments made by either the Developers or their predecessors in interest on account of said special assessments. b. Terms of Payment of Project 75-2 Special Assessments. The Developers agree that the entire amount ot the Project - special bene- fit described in subparagraph (a) of 120 above shall be paid by the Developers to the City as special assessments levied against the property in the proposed plat in twenty-four (24) equal and semiannual install- ments due on the 30th day of May and the 31st day of October of each year, commencing -on May 30, 1980, together with interest on unpaid install- ments at the rate of 7.5% (seven and one-half percent) per annum, computed from the date of the original adoption of the assessment roll of Project 75-2. In the event that an occupancy permit is applied for for any resi- dential structure constructed upon any lot of the proposed plat, the payment of the Project 75-2 special assessments as to said lot shall be accelerated as provided in subparagraph (d) below. C. Terms of Payment of Project 71-1 Special Assessments. The Developers agree that the entire amount of the Project 71-1 special bene- fit described in subparagraph (a) of 1f20.above shall be paid by the Developers to the City as special assessments levied against the property in the proposed plat in eighteen (18) equal semiannual installments due on the 30th day of May and the 31st day of October, commencing on May 30, 1980, together with interest on unpaid installments at the rate of 7% (seven percent) per annum. In the event that an occupancy permit is applied for for any residential structure constructed upon any. -Jot in the proposed plat, the payment of the Project 71-1 special assessments shall be accelerated as provided in subparagraph (d) below. -7- d. Occupancy Permit Application Accelerates Assessments. No residential structure in the proposed plat shall be occupied until the Developers have paid all unpaid special assessments levied against the lot on which said structure has been erected. The term "all unpaid special assessments" shall be deemed to include: 1. any outstanding and then prevailing city sewer and water hook-up charges for the subject lot; and 2. the unpaid balance, including interest accrued as provided in Chapter 429 of Minnesota Statutes, of the Project 75-2 special benefit and the Project 71-1 special benefit described in subparagraph (a) of this 1120. e. Waiver of Appeal. The Developers waive their rights to public hearing under §429.061 and §429.071 of Minnesota Statutes and their right of appeal under 5429.081 of Minnesota Statutes as to the special benefit and special assessments described in this 1120. 21. Approval of Covenants. All proposed covenants and restric- tions of said plat shall be approved by the City Attorney prior to recording of the same with the Carver County Recorder or Registrar of Titles. 22. Watershed District Conditions. The Developers shall incorporate into the plat to be filed, and the work to be done, all of the conditions set forth by the Minnehaha Creek Watershed District in their letter of March 19, 1979. 23. Certification of Building Plans by Architect. Building plans for Lots 3,4, and 5 shall be certified by a registered architect or engineer that soils below the proposed buildings can support the same. 24. Alteration of Lake Access Area Restricted. No portion of the fifteen (15) foot wide lake access across Lot 3, Block 1, of the Subject Property shall be developed, altered, or disturbed in any way except after first having obtained a permit from the Chanhassen City Council for any such development, alteration or disturbance. For purposes of this development contract, said permit shall be deemed to be a conditional use permit and the permit application process and procedures shall be as set forth in §23 of the Chanhassen Zoning Ordinance. 25. Headings. Headings at the beginning of 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. 26. Proof of Title. Upon request, the Developers and their vendors shall furnish the City with evidence satisfactory to the City that they hold title to the Subject Property in fee simple. 27. Notices. All notices, certificates and other communica- tions hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attention: City Manager To the Developers: William Ward and Frank Beddoyr, Jr. 6960 Utica Lane Chanhassen, MN 55317 28. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. 29. Severability. In the event any provisions 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. 30. Execution of Counterparts. This agreement may be simul- taneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 31. Construction. This agreement shall be construed in accor- dance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. F William Brd"cken Ward �- - Patricia C. Ward CITY OF-,,CHANHASSEN MAYOR - - ATTEST: 1 Clerk/Manager -9- FrBeddor, Jr. for contract, hereby acknowledges that the application to plat Chris s Acres was filed by the Developers with the consent of the Estate, further acknowledges that it has received a true and correct copy of foregoing development contract between the City of Chanhassen, as the al platting authority, and William Bracken Ward, Patricia C. Ward, ,ranBeddor, Jr., and Marilyn Beddor as Developers. STATE OF MINNESOTA SS. COUNTY OF CARVER Miiarea u. bartiett—,___ Personal Representative On thisday of `#��-2,cu� 1980, before me, a notary public within and for said County, personally appeared Walter B. Hobbs and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. i •;, KAREN- , ENGELHARDT STATE OF MINNESOTA ) �t NOTARY PU©'_IC - IMINNESOTA ) ss . CF,��' '. COUNTY COUNTY OF CARVER ) My commis:• : ; :,es Oct. 11, IM On this day of 1980, before me, a notary public within and for said _CoiYhty, personally appeared William Bracken Ward and Patricia C. Ward, to me known to behe persons described and who executed the foregoing instrument,,and acknowledged tha 6y executed the same as their free act and deed.- ;� OTA :; Notary Public C.tk'✓--R CC'U NTY My `iMrpAI'�vt 999?�Jda'iA�iB r'�io�.bdJ.',r�'.9,yj -10- STATE OF MINNESOTA ) ss. COUNTY O.�F, �CARYjER ) On thisday of 1980, before me, a notary public within and for sai County, personally appeared Frank Beddor, Jr. and Marilyn Beddor, to me known to be the persons described in, and who executed the foregoing instrument, -,and acknowledged that- they execute P a eee act and de d. JL'Li.i5 C. SMiTH Ob 9 Fj. ;10;• i4s�x NOTARY PUPL!C-MiNNESOTA,s CARVER CCJNTY o My Ccmmission Expires Apr. 1, 19E5. 't> Notary Public �PPINPPPv P3'N+B.WPfPPAtIs''P.yPSFPP COUNTY OF On this day of , 1980, the foregoing instrument was acknowledged before me by M ldzed G. Bartlett, personal represen- tative of the Estate of Merrill Bartlett -fir. -11- EXHIBIT A That part of Government Lots 1 and 2 and of the Southwest Quarter of the Northeast Quarter all in Section 2, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the northwest corner of said Government Lot 2? thence on an assumed bearing of South 0 degrees 25 minutes 52 seconds West, along the west line of said Government Lot- 2, a distance of 1137.55 feet; thence South 89 degrees 34 minutes 08 seconds East a distance of 426.52 feet; -thence North •20 degrees 56 minutes 25 seconds East a distance of 340.45 feet, to the point of beginning of the lane: to be described; thence South 40 degrees 56 minutes 25 seconds West a distance of 340.45 feet; thence southeasterly a distance of 236.30 feet along a curve concave to the north- east and not tangent to last described line, said curve has a radius of 954.93 feet, a central angle of 14 degrees 10 minutes 40 seconds, and the chord of said curve burs South 52 degrees 18 minutes 00 seconds East; thence easterly, a distance of 210.31 feet along a compound curve concave to the north having a radius of 383.62 feet and a central angle Of 31 degrees 24 minutes 40 seconds; thence North 89 degrees 12 minutes 00 seconds East, tangent to said curve, a distance of 389.37 feet; thence North 28 degrees-16 minutes 08 seconds East a distance of 346.85 feet; thence North 21 degrees 56 minutes 08 seconds East a distance of 384 feet, more or less, to the shore line of Christmas Lake; thence westerly, alone said shore line to the intersection with a line bearing North 57 degrees 36 minutes 2a seconds East from the point of beginning;.thence South 57 degrees 36 minutes 25 seconds West, a distance of 616 feet, more or less, to the point of beginning. EXCEPTING THEREFROM THE TWO FOLLOWING PARCELS: 1. All that part of the above described premises lying within Lot 3, Crane's Vineyard Park. 2. All that part 9f the above described premises lying within the property described in Book 60 of Deeds, page 495. L E FLOYD E. NELSON DONAL0 A. MORK EN FREOERICK L. THORSON JAM ES B. 4ANNAH WINSTON E. MUNSON CLAY R. MODRE C ONNOR F.5CHM10 VAL M. HIGGINS LORE NS D. aRYNESTAO WOODBURY H.ANOREWS GEORGE R. A. JOMNSON ROGER V. STAGEBERG ANDREW R. CLARK FRANK A. DVORAK ROBERT O. GISVOLD .ARV IN C. INGSER FRAN2 P. JEVNE III GREGORY J. PULLES MARTIN V. AYDELOTT ROBERT 5. LEE JOHN B. LUNDQUIST JAMES T. SWENS13N ERIC O. 14A0SON .IC. HAEL 5. FROST DONNA L.ROBACK MAC E & MOORE LAW OFFICES 1000 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA SS402 TELEPHONE (612) 333-1341 N TELEX: 29-09114 April 25, 1980 The City of Chanhassen Chanhassen, Minnesota 55317 Attention Craig Mertz, Assistant City Attorney Re: Christmas Acres Gentlemen: OF COUNSEL HENRY C. MACKALL THOMAS P. HELMEY FREDERICK N, STINCHFI ELD(IBBI-19SO) PERRY R, MOO RE (IB94-1969) OONALD A, HOLMES (1904-19731 ROBERT M. CROUNSE (1893-19741 We represent Mildred G. Bartlett,.the personal representative in.the:Estate of Merrill Bartlett, Jr. The estate is the fee owner of the land.in Chanhassen to be platted and developed as Christmas Acres. We have been asked by.the contract for deed purchasers, William B: Ward, Patricia C. Ward, Frank Beddor, Jr., and Marilyn Beddor, to.acknowledge that we have received a copy of the Residential Subdivision Development Contract for Christmas Acres by and between the City of Chanhassen and the above named contract purchasers. Very truly yours, MACKALL, CROUNSE & MOORE in V. Aydelot 18 t'e "` • �l • '• r • cxorcl NAME AND ADDRESS OF AGENCY 3mmmercial Underwriters 1200 South 2nd Avenue 'nneapolis, Minnesota 55403 NAME AND MAILING ADDRESS OF INSURED �Iilliam B. Ward 10901 Red Circle Drive Suite 357 Ylinnetonka, Minnesota 55343 Type and Location of Property P R Christmas Acres, City of Chanhassan, O Minnesota P E R T Y COMPANY Continental Western Insurance Company Effective12:0IA m May 8 19 80 Expires 03 12:01 am ❑ Noon July 8 19 80 ❑ This binder is issued to extend coverage in the above named company per expiring policy # (except as noted below) Description of Operation/Vehicles/Property Coverage/Perils/Forms Amt of Insurance Ded. %" Liability coverage on 11 acres, subdivided into 7 separate lots L Type of Insurance Coverage/Forms 1 018cheduled Form ❑ Comprehensive Form A n Premises/Operations 0. L. & T. B 1 ❑ Products/Completed Operations L ❑ Contractual 1 ❑ Other (specify below) T ❑ Med. Pay. $ Per $ Per Y ❑ Personal Injury Person Accident ❑A ❑B A U ❑ Liability ❑ Non -owned ❑ Hired T ❑ Comprehensive -Deductible $ O ❑ Collision -Deductible $ M ❑ Medical Payments O $ B ❑ Uninsured Motorist $ 1 ❑ No Fault (specify): L ❑ Other (specify): E ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) brtt:IAL CONDITIONS/OTHER COVERAGES NAME AND ADDRESS OF ❑ MORTGAGEE City of Chanhassan Chanhassan, Minnesota ❑ LOSS PAYEE In ADD'L INSURED LOAN NUMBER Limits of Liabili EachOccurrence Aggreizate Bodily Injury $ 300,000 $ 300,000 Property Damage $ IQ9000 $ 100,000 Bodily Injury & Property Damage Combined ❑ C Personal Injury $ Limits of Liability Bodily Injury (Each Person) $ Bodily Injury (Each Accident) $ Property Damage $ Bodily Injury & Property Damage Combined $ ❑ EMPLOYERS' LIABILITY — Limit $ 5-9- ACORD 75 (11-77) Signature of utho Date RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Jean Meuwissen Account Clerk City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Jean: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 April 25, 1980 Re: Plat of Christmas Acres TELEPHONE (612) 335-9565 Enclosed you will find my revised page 7 for the Christmas Acres development contract. The amounts in 120(a) remain unchanged. The purpose of 120(a) is to reflect the total of the various assessment units allocated to the subject property rather than to reflect the amount remaining for collection after accrued interest and prior payments are factored in. I have provided Jules Smith, attorney for the developer, with copies of your amortization schedules, which show the Project 75-2 per lot assessment of $3,304.52 and the Project 71-1 per lot assessment of $3,345.05. 120(a) is not in conflict with those amortization schedules. The final sentence in 120(a) has been re -worded to clarify that accrued interest and prior payments are to be factored into the computation of the balance due, just as you have already done on the two amortization schedules in question. 1120(b) and 20(c) have been re -worded to provide for a semi-annual collection system as per your request. Very truly yours, CRAIG M. MERTZ CMM:mep Assistant Chanhassen City Attorney Encl. cc: Donald W. Ashworth �S�°`I 0 Bob Waibel APR 1980 w C:DRECgIVED Z;--11 V,LLAGe of o: j GHANHASSgH �� MINN, '��? Revised CMM 4/25/80 1. tl'_)cost of completing the cc•'�truction of the improve- mei,cs described in 71 and 1114 , above; and 2. the cost of curing any other default by the Developers in their performance of any of the covenants and agree- ments contained herein, except timely payment of the Project 75-2 and Project 71-1 assessments described in 120 below. 3. the cost of reasonable engineering, legal, and adminis- trative 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 abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 20. Special Assessments a. The Developers acknowledge that the Subject Property derives special benefit from trunk and lateral sewer and water facilities in- stalled by the City as a part of the Carver Beach Improvement Project 75-2 and the North Service Area Improvement Project 71-1, and that the amount of said special benefit for Project 75-2 is $25,668.00, and for Project 71-1 said special benefit is $19,566.00. The Developers hereto acknowledge that special benefit is alloc- able in seven equal parts to the seven building sites on the proposed plat, provided however that in making such allocation, full credit shall. be given to the Developers for all payments made by either the Developers or their predecessors in interest on account of said special assessments. b. Terms of Payment of Project 75-2 S ecial Assessments. The Developers agree teat the entire amount o- t e ro3ect - special bene- fit described in subparagraph (a) of 1120 above shall be paid by the Developers to the City as special assessments levied against the property in the proposed plat in twenty-four (24) equal and semiannual install- ments due on the 30th day of May and the 31st day of October of each year, commencing'on May 30, 1980, together with interest on unpaid instal' ments at the rate of 7.5% (seven and one-half percent) per annum, compute' from the date of the original adoption of the assessment roll of Project 75-2. In the event that an occupancy permit is applied for for any resi- dential structure constructed upon any lot of the proposed plat, the payment of the Project 75-2 special assessments as to said lot shall be accelerated as provided in subparagraph (d) below. C. Terms of Payment of Project 71-1 Special Assessments. The Developers agree that the entire amount of the Project special bene- fit described in subparagraph (a) of 4120 above shall be paid by the Developers to the City as special assessments levied against the property in the proposed plat in eighteen (18) equal semiannual installments due on the 30th day of May and the 31st day of October, commencing on May 30, 1980, together with interest on unpaid installments at the rate of 7% (seven percent) per annum. In the event that an occupancy permit is applied for for any residential structure constructed upon any lot in the proposed plat, the payment of the Project 71-1 special assessments shall be accelerated as provided in subparagraph (d) below. -7- LARSON & MERTZ ATTORNEYS AT LAW 1000 FIRST NATIONAL BANK BUILDING 14USSELL H. LARSON MINNEAPOLIS, MINNESOTA SS402 TELEPHONE CRA16 M. MERTZ (612) 33S-9565 OF COUNSEL April 21, 1980 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Jules Smith Attorney at Law 100 Yorktown Office Court 7101 York Avenue South Minneapolis, MN 55435 Re: Christmas Acres Dear Mr. Smith: You have kindly provided me with a copy of your title opinion dated January 31,.1979, for the property underlying the proposed plat of Christmas Acres. You have also provided me with a copy of the contract for deed dated July 6, 1979 between the Merrill Bartlett, Jr. Estate and William B. Ward et al. I have compared the legal description on those two documents with the legal description on the undated preliminary plat prepared by Lot Surveys Company as previously filed with the City Planner's Office. Each of those three documents contains a different legal description for the westerly, southerly, and easterly lines of the subject property. Please be advised that neither this office nor the City of Chanhassen accepts any responsibility for questions of title raised by lot purchasers at any future date. Our title work in this matter is done on behalf of the City for the sole purpose of establishing that the parties signing the development application have an actual property interest in the land subject to the development application. If your clients choose to proceed with the platting notwithstanding the boundary line discrepancies, they are doing so at their own risk. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep cc: Donald W. Ashworth �y�v ,a�. `J 4,kob Waibel tt� APR 1980 RECEIVED VILL A'GE an CHANWAS4it>tl14 MINN. d minnesota department of health O 717 s.e. delaware st. minneapolis 55440 1612, 296-5221 April 16, 1980 Chanhassen City Council c/o Donald W. Ashworth City Manager 7610 Laredo Drive Chanhassen, Minnesota 55317 Gentlemen: Re: Watermains for the City of Chanhassen, Minnesota. We are enclosing a copy of our report covering an examination of plans and specifica- tions on the above -designated project. A set of the identified plans and specifications is being returned to you. If you have any questions in regard to the information contained in this report, please contact Mr. Stephen Greenwood of this office at 612/296-5270. Yours very truly, �Ltto G"�L.gland, P.E., Chief Section o! Water Supply and General Engineering Enclosures cc: Suburban Engineering, Inc. Metropolitan Council -' 7,0 APR 1980 RECEIVED VILLAGE OF; CHANHASSEN, MINN. an equal opportunity employer Q MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health Information Relative to Plan Examination The examination of plans and specifications for water supply and sewerage systems (Regulation MHD 13 6(a)), plumbing systems (Regulation MHD 139(a)(1)), and swimming pools (Regulation MHD 141 (c)), is made to provide information concerning the sanitary features of projects presented for consideration in accordance with the above regulations of the Commissioner of Health. The approval of such plans is given upon the supposition that the survey and other data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of structural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systems that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public health. The examination is based upon information contained in the bulletins entitled "Tentative Standards for Design of Small Sewage Works," July 1962, and the recommended 'Ordinance and Code Regulating Individual Sewage Disposal System," 1971. Plans on plumbing systems are examined only insofar as the provisions of the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for public bathing. The examination is based upon Regulation MFID 141, Public Swimming Pools. The Commissioner of Health reserves the right to withdraw his approval of plans if construction of the project is not undertaken within a period of two years. The fact that plans have been approved by the Commissioner of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed conditions or advanced knowledge make improvements necessary. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSCL HARVEY E. SKAAR MARK C. MCCULLOUGH Jerry Schlenk City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Jerry: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5S402 April 16, 1980 Re: Christmas Acres TELEPHONE (612) 335-9565 I have-mt yet received an acceptable performance bond for the Christmas Acres development. Accordingly, no construction should be taking place on the property, and the final plat should not be released from City Hall until an approved performance bond has been filed and until the amount of the performance bond has been approved by the City Engineer. CMM:mep cc: Bob Waibel Donald W. Ashworth Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney Al APR 1980 RECEIVED VILLAGE OF, CHANHAS5Rp4 MINN,, LARSON & MERTZ ATTORNEYS AT LAW 1200 FIRST NATIONAL BANK BUILDING RUSSELL H. LAR50" MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL April 16, 1980 HARVEY E. SKAAR MARK C. MCCULLOUGH Jules Smith Attorney at Law 100 Yorktown Office Court 7101 York Avenue South Minneapolis, MN 55435 Re: Christmas Acres Dear Mr. Smith: Enclosed you will find my proposed development contract for Christmas Acres. After you have reviewed the document, please contact me if you have any changes or corrections. If, however, you find the document to be in order, please submit it to your clients for signature. Please note the acknowledgement section for the estate of Merrill Bartlett, which I have inserted after the signature lines for the parties. Enclosed you will also find the original copy of the Declaration of Covenants, Conditions and Restrictions dated March 31, 1980 and executed by your clients. I find this document to be acceptable for City purposes. With regard to the performance bond, it is my feeling that the expiration date on the performance bond should be no sooner than the expiration of the one-year guarantee period set forth in S14 of the development contract. If your clients wish to proceed with utility construction, please forward the original copy of the per- formance bond to this office. Very truly yours, CRAIG M. MERTZ CMNi: mep Assistant Chanhassen City Attorney Encl. cc: Bob Waibel ( w. encl.) Donald W. Ashworth Jerry Schlenk P.S. I still need a copy of your old title opinion for the subject premises, and a copy of the contract for deed if that document is not mentioned in the title opinion. Craig Mertz 210 lo WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI . DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Bob Waibel, L.U.C. P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 Subject: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS April 10, 1980 Christmas Acres Plan Review With reference to the above named subdivision, we herein wish to comment on plans submitted for our review. 1) Should the insulation of the sanitary sewer out of Manhole No. 1 be required, I would prefer to see an envelope of insulation around the pipe rather than the slab on top. 2) I would like to see an energy dissipater of some type on the end of the 12-inch storm sewer. 3) Because of the severe grades and the sensitivity of Christmas Lake, I would prefer a more specific erosion control plan. What is specified is fine, but very general. 4) I would also ask that Catch Basin A be sumped 0.3 foot rather than the 0.1 foot shown. 5) Because of the severity of the grades, the 12-inch PVC storm sewer should have restrained joints or solvent welded pipe be used. 6) With reference to the street width, Ordinance No. 33 (page.14) requires a street width of 28 feet. The normal width of street is measured from gutter to gutter, no back to back of curb. Thus, the street width shoZAK 1011p? the plans is 35 inches too narrow. �► �f; APR 1980 CM RECEIVED VIL&AGIt Of �, CNANHgsi1�► !, Mink& ; .1 SCHOELL & MAOSON. INC. City of Chanhassen c/o Mr. Bob Waibel, L.U.C. Page Two April 10, 1980 Please advise as to questions or comments. Other than the above items, the plans and specifications are approved from our point of view. Very truly yours, CHOELL & MADSON, INC. �._ JROrr : mkr cc: Mr. Daryl Fortier, Korsunsky, ra Erickson, Architects Mr. Dale Hamilton, Suburban Engineering Minnesota Pollution Control Agency The Honorable Walter Hobbs Mayor, City of Chanhassen APR 4 7610 Laredo Drive 1980 Chanhassen, Minnesota 55317 Dear Mayor Hobbs: Enclosed is a copy of Permit Number 11557 for construction and operation of a sanitary sewer extension in Chanhassen. Please review the permit carefully, and let us know if you have any questions concerning it. You may contact me at the above address or call (612) 296-7246. Sincerely, (:?,Vj - a �-' Perry T. Beaton, P.E. Chief, Facilities Section Division of Water Quality PTB/MyMH: jm Enclosures cc: Chanhassen City Council, c/o City Clerk Suburban Engineering, Inc. Metropolitan Council Metropolitan Waste Control Commission r APR 1980 REC JVM wta,A41111! cW, QUANHAMM34 D, MIML n 1935 West County Road 132, Roseville, Minnesota 55113 Regional Offices • Duluth / Brainerd / Detroit Lakes / Marshall / Rochester / Roseville Equal Opportunity Employer 14L 9,4.. Minnesota Pollution Control Agency NUCF PERMIT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTEM Chanhassen Carver County Pursuant to Authorization by the Minnesota Pollution Control Agency, and in accordance with the provisions of.Minnesota Statutes, 1976, Chapters 115 and 116, plans are approved and a permit is hereby granted to the City of Chanhassen for construction and operation of a sanitary sewer extension in Chanhassen. The facilities consist of 250 linear feet of 8-inch sanitary sewer pipe. The facilities are further described in plans and specifications designated "Christmas Acres Subdivision" received March 17, 1980, prepared by Suburban Engineering, for the City of Chanhassen. SPECIAL CONDITION The permittee shall comply with all rules, regulations and requirements of the Minnesota Environmental Quality Board prior to construction of the proposed project. Sincerely, Perry T. Beaton, P.E. Chief, Facilities Section Division of Water Quality PERMIT NUMBER: 11557 DATED: APR 4 1980 1935 West County Road 132, Roseville, Minnesota 55113 Regional Offices . Duluth / Brainerd / Detroit Lakes / Marshall / Rochester / Roseville Equal Opportunity Employer MI Nl JTA POLLUTION CONTROL ACE. Division of Water Quality INFORMATION RELATIVE TO REVIEW OF PLANS AND PERMIT APPLICATIONS October 1972 The review of plans and specifications for se -wage, industrial. waste or other waste disposal systems and applications for permits for the same is made in accordance with the authority conferred by law (see MS • 1971, Section 1]_5.07). Approval of plans and permits is based upon the assumption that the information provided by the applicant is cor- rect and that all necessary legal requirements have been or -will be satisfied. Plans for sewage, industrial waste or other waste disposal systems are examin.od with regard to the design features which apply to operation and maintenance of the treatment works or sewer_ system, the degree of treatmient to be provided, the effectiveness and reliability of the system or methods employed, and coiunliance with applic allble standards of quality and purity for tvater_s of the state or effluents of d1 posal systems. The bulletins entitled RecommenCied Standards_ for Sewa.cxe T orks, 1e971 , rr?Vi_Sed edition' TE?ilt at1Ve �t.ai-idard.S�f off' Design of CT i.1I_' S sJc:'?t? Works, July 1962 and Federal Guidelines for Desi._tn, 0Peration and Maim_ena-.nce of T,.aste Water Treatment.. Facilities, September 1970, and supplements thereto, as well as other memoranda, are used as a guide in examination of the design, operation and maintenance aspects of the proposed systeat. Sewer_ plans are recommended for approval on the basis that the system is to collect only domestic sewage and such industrial or other waste as may have been provided for in the design. Foundation or footing drains to collect ground water and roof drains or other surface water conduits should not be connected to the sanitary sewer system. Ade- quate field supervision and inspection by a qualified representative of the owner should be provided at all times during construction to assure that the project is constructed in compliance with the approved plans and specifications. The Agency assumes no responsibility for the integrity of structures or physical features, or for the reliability, durability or efficiency of sp cifi.c. items of propriety equipment or rlaterial . All applicable federal.; spate and local laws, requlations or ordinances must. be followed in the design, location and construction of proposed sewer systems or treatment works. The Aci ncy reserves the right to withdraw its approval of plane if construction is not -undertaken within a reasonable period after issuance of th.e pert-iit. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ April 1, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Chanhassen Assistant City Manager Box 147 Chanhassen MN 55317 Re: Plat of Christmas Acres Dear Bob: TELEPHONE (612) 335-9565 In accordance with your request I have reviewed the following documents: 1. Proposed declaration of covenants, 2. Development contract as prepared by your office, 3. So-called subdivision bond, dated March 24, 1980. I find the declaration of covenants to be satisfactory for City purposes provided that the developer incorporates the following changes: a) the legal description of the property,subject to the restrictions, should be corrected so as to conform to the legal description shown on the preliminary plat:,. b) a modification should be made to provide that the owner of Lot 3, Block 1, will utilize the common dock to be constructed on the 15' access easement, rather than constructing a separate dock. With this change, only three docks would be constructed on the Christmas acres property, specifically a private dock ftr the o,ner of Lot 4, Block 1, a private dock for the owner of Lot 5, Block 1, and a neighborhood dock for all other lots in the subdivision, c) in section 4(b) the language should be changed to clarify that a no swimming restriction is being imposed. The arrangement for this common lake access is different from the arrangement utilized in the case of other recent plats. Under the arrangement proposed by the developer, no homeowners association would be created. Rather, the documents provide that the owner of Lot 3, Block 1, is responsible for maintaing the common area. From the standpoint of a prospective homeowner, I believe that a Bob Waibel April 1, 1980 Page Two homeowners association arrangement would be preferable, however, from the standpoint of the City's concern for proper and orderly maintenance of the access area the provisions in the covenants appear to be adequate as written. Neither covenants nor the language on the preliminary plat itself contain any specific language vesting lake access easement rights in owners of off -lake lots. The developer's attorney has advised me that the conveyance of lake access easement rights will not be made until the time of the individual closings of the various sales of the various lots. For City purposes, this arrangement would be adequate. With respect to the proposed development contract, my comments are as follows: In the third line of paragraph 9, the cross-reference should be to paragraph 1, rather than to paragraph 4; I suggest that paragraph 9 be re -written in the manner utilized in section 6.02 of the Chappar.al development contract. Paragraph 15 should be amended by adding to the end of that paragraph the following: "Prior to commen- cement of construction of the improvements described in paragraph 1, above, the developer shall file with the City a certificate of such insurance as will protect the developers, their contractor and sub- contractors from claims arising under the workman's compensation laws of the state of Minnesota.." Paragraph 19 should be re -written in the manner of section 6.03 of the Chapparal development contract. Paragraph 20(b) should be re -written to provide that "the applicants agree that the entire amount of the project 71-1 special benefit described in paragraph 20(a) shall be paid by the applicants...". A similar change should be made in paragraph 20(d). - The following additional subparagraph should be added to paragraph 20:'The developers waive their rights to public hearing under Section 429.061 and Section 429.071 of Minnesota Statutes and their right of appeal under Section 429.081 of Minnesota Statutes as to the project 75-2 and project 71-1 special benefit described in paragraph 20(a)." Bob Waibel April 1, 1980 Page Three The following additional paragraph should be added to the development contract: "No portion of the 15' wide lake access easement across Lot 3, Block 1, of the subject property shall be developed, altered or disturbed in any way except after first having obtained a permit from the Chanhassen City Council for any such development, alteration or disturbance."For purposes of this development contract, said permit shall be deemed to be a conditional use permit and the permit application process and procedures shall be as set forth in Section 23 of the Chanhassen Zoning Ordinance." The estate of Merrill Bartlett should be added as a signatory and should be added to the first paragraph on page 1 of the development contract. For the format of the estate's signature, please see page 9 of the Christmas acres declaration of covenants. With respect to the subdivision bond I note that the bond is in the amount of $70,043.33. The amount of the bond is to be 110% of the estimated cost of the improvements specified in sec- tion 1 of the development contract. I have nothing in my file to confirm whether $70,043.33 is the proper amount. I find the subdivision bond to be unacceptable for City purposes. A new performance bond should be obtained which specifically describesthe development contract listing the names of all of the signatories and the dates on which the development contract was executed. The new performance bond sould also specifically state that bond proceeds are to be used to guarantee the rights of unsatisfied sub -contractors and that the bond will not be invalidated by any subsequent contract changes, extensions of time, or change orders. The new bond should also specifically state that the City is held harmless from costs of completion and costs of enforcement, specifically including attorney fees, court costs, engineering costs, planning, and all professional, technical and construction services, together with a 10o surcharge for administrative costs. If you have any questions, please feel free to call. Very truly yours, ;:_ ­_ A W _0_�l CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc: Jules Smith, Diane Hyde, Jim Orr, William Ward, Don Ashworth. R(--J. .zu/zZ/ I �) CrIM Plan. Signs for the purpose of advertising the subject property :"rected in accordance with the Developer's sign plan approved City Council on June 4, 1979. Upon application of the eloper, said sign plan may be amended by Resolution of the Chan- ssen City Council. SECTION 6. Enforcement Provisions, 6.01 Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matter's 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 as provided in 115.10 above. 6.02 Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developer constructed; installed and furnished as set forth in 112.01 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the 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 furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts: As to Phase I: As to Phase II, 2nd Addition: As to Phase II, 3rd Addition: As to Phase II, 4th Addition: 6.03. Remedies Upon Default. $ 3-19 f / G, e) a 1TOa of the amount o the cost of installation of the 3rd Addition improvements described in 112.01 as estimat by the City Engineers. 110% of the amount of the cost of installation of the 4th Addition improvements described in 112.01. as estimat by the City Engineers. , A. ''Assessments. In.the event the 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 the Developer of written notice thereof, the City, if it so elects, may caus"e any of the improvements described in 112.01 above to be constructed and installed or may take action to cure such 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 M.S. Chap. 429, v� Developer Waives Public Hearin Itev. 10f 121 7i CMm and Right of Appeal. The Developer waives its right to public §429.061 and §429.071 of Minnesota Statutes and its under §429..081 of Minnesota Statutes as to the Phase Assessments and the Phase II Deferred Assessments. SECTION 4. Municipal Disclaimers. hearing under right of appeal I Deferred 4.01. No Liability to Suppliers of Labor or Material. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contrac- tors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City,. the City Council, and the agents and employees of the City harmless from any and all; claims, damages,' demands, actions or causes of action arising therefrom and the costs, disburse- ments, and expenses of defending the same_ 4.02. Written Work Orders. Except for the Developer's reasonable construction costs incurred in oversizing that portion of Kerber. Boulevard located within the Subject Property beyond the City's twenty-eight (28) foot width standard, the Developer shall do no work nor furnish materials, whether covered or not covered by the plans and specifications, for which reimbursement is expected from the City unless a written order for such work.or materials is received from the City. ANY such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. SECTION_51 Miscellaneous,Terms and Conditions. 5.01. Restrictive Covenants. Any proposed covenants or restrict -ions to be.placed upon the lots in the subject plats..shall be approved by the -City Attorney prior to recording with the County Recorder or Registrar of Titles. 5.02. Liability Insurance. The Developer shall take out and maintain so long as. the Developer's obligations under 11112.01 and 2.14 .above continue, public liability and property damage _insurance covering personal injury, -14- �wilthin c:,1;L�thcrUhvhlc)f�te!r��<rlrc.sto p1ly the E-ntire amount thl'- St_3 I1E'.Rt Lbll )C.]Ct�t7L1lilC,r'41U atly much irrtprovement _,iirty (30) dc,y ;f after a.ts .;doption. 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 the subject Property for amount so unpaid, and the City shall have e' sthe right to fore close said lien in the manner prescribed for the foreclosur' of mechanic's liens under the laws of the State of Minnesot< In the event of an emergency, as determined b y the ity Engineers, the notice requiremenst to the DevelopershallbE and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency- B. Performance Bond. In addition to the foregoing, the City may also institute. legal action against the Developer and the corporate' surety its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for;, (1) the cost of completing the.construction of the improvements described in §2.01 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants and agreemen contained herein; and (3) the full amount of any Phase I assessments or Phase II assessments for which payment shall not have been timely received by the City as provided in §3 of this contract; and (4) the cost of reasonable engineering, legal, and adminis- trative expense incurred by the City in enforcing and adninis tering 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 development contract, or to prevent use or occupancy of the proposed dwellings. IN LJITNESS WHEREOF, the parties hereto have caused these presents,.to be executed on the day and year first above written. } NEW,* HC rL 'y HOMF,S, . 'BY t !. And Its CITY OF CH,MHASSEN By clay DI7NN & CURIZY REAL ESTATE AGEftENT, INC- By AI1C) _ �1 t= And /\ -� L A Its City lvianager -20- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CHRISTMAS ACRES CARVER COUNTY, MINNESOTA The undersigned owner and contract for deed purchasers of the premises described in Exhibit A attached hereto and hereby made a part hereof, Declarants herein, are desirous of establishing certain minimum standards for the development of a single-family residential development on the premises described in Exhibit A to insure a proper and appropriate land use thereof so as to: a) Protect the owners of land within the plat of Christmas Acres against such improper use of land therein as might depreciate the value of their property; b) Guard against the erection of structures built of improper or unsuitable materials; c) Insure the erection of attractive and appropriately located improvements to prevent an inharmonious appearance and function; and d) Provide for adequate setback, off-street parking, and in general to provide a development which will insure use of said land and the lake shore thereof to maximize the aesthetic value thereof. NOW THEREFORE, Declarants, the Estate of Merrill Bartlett, Jr., by Mildred G. Bartlett, personal representative, fee owner, and William Bracken Ward and Patricia C. Ward, husband and wife, and Frank Beddor, Jr. and Marilyn Beddor, husband and wife, Contract for Deed vendees, hereby,declare.that the land described in Exhibit A hereto shall be held, conveyed, developed and main- tained in accordance with the following standards and guidelines and subject to the following easements, restrictions, covenants, and conditions, which shall apply to each and every part and parcel thereof and shall apply to and bind each and every successor. in interest thereof, and are. hereby imposed upon said premises as a servitude in favor of each owner of. any lot in said CHRISTMAS ACRES as described in Exhibit A hereof. SECTION 1. DEFINITIONS For the purpose of this Declaration, the following terms shall have the following definitions except as otherwise specifically_ provided: (a) "Property" shall mean and refer to the real property within the plat of CHRISTMAS ACRES, which said premises is described in Exhibit A hereof. rY _(b) "Common Area" shall mean a 15-foot wide lake access easement �er Lot 3, along and adjacent to the southwesterly ` and northwesterly lines of said Lot 3, and any dock which is constructed therefrom, which is for the common use and enjoy- ment of the Owners of Lots 1, 2, 3, 6 and 7 of said CHRISTMAS ACRES. (c) "Lot" shall mean and refer to any delineated plot of land shown upon the recorded subdivision map of the Property with the exception of public roadways. (d) "Site" shall mean and refer to a single platted lot. (e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Site which is a part of the Property, (excluding contract sellers and including in place thereof their contract purchasers) and excluding those having such interest merely as security for the performance of an obligation. -2- (f) "Declarations" shall mean and refer to this declaration as the same may be amended from time to time as herein provided. Other terms shall have the meanings attributed to them herein. SECTION 2. PERMITTED USES (a) No Site shall be used except for residential purposes; no buildings shall be commenced, erected, altered, placed or permitted to remain on any Site other than one single family dwelling, not to exceed two stories in height, and a garage for use only by the residents of the Site. Each dwelling erected shall have a garage for at least one car and on -site parking spaces to accommodate at least two cars. (b) No Site shall be subdivided or split by any means whatsoever into any greater number of residential plots, nor into any residential plot or plots of similar size. (c) No noxious or offensive activities shall be conducted on any Site, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners. (d) All uses of the Property shall comply with the single' family residential regulations as set forth in the applicable provisions of the ordinances of the City of Chanhassen. Said regulations shall govern if inconsistent with these declarations to the extent actually inconsistent. If not inconsistent herewith, the standards of the declarations shall be considered as require- ments in addition to said regulations. (e) No sign shall be placed on any Site, except that one "for sale" sign may be placed on any Site. -3- l (f) No birds, animals or insects shall be kept on any - Site except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes. (g) No structure of a temporary character, trailer, basement, tent, shack, garage, or other building shall be used on any. Site at any time as a residence, either temporarily or permanently. (h) All on Site utility connection facilities and services shall be underground. (i) All else herein notwithstanding, any Site may be used for a model home with customary development signs during the development period of the property. SECTION 3. SITE MAINTENANCE (a) Outside storage of any items shall not be allowed unless screened from view by enclosures or plantings which effectively screen such storage from view outside the Site. The design of such screened enclosure must be compatible with the natural character of the Property. (b) All buildings shall be maintained in a state of good order and repair and all other Site areas shall be properly maintained at all times. (c) All improvements and structures shall be completed within one year after the commencement of construction thereof. -4- SECTION 4. COMMON AREA i The Common Area easement for the use and benefit of Lots 1, 2,'3, 6 and 7 shall be a non-exclusive easement, for use by the Owners of said Lots for access to Christmas Lake, in accordance with the provisions of this Section. (a) .Only the Owners referred to in this Section, and their guests and tenants, may use said Common Area. ( .4M (b) No part of the Common Area shall be used as a beach. (c)- `Eaoh--Uwner ,entitled to use said common area shall be allowed to keep not more than one licensed watercraft at the shoreline of, or at a dock constructed into Christmas Lake from, said Common Area. (d) The Owners entitled to use said Common Area shall maintain the same and any improvements thereon at their sole cost and expense. (e) One common dock, adequate in size for the docking of five 17-foot long boats, may be constructed from the said Common Area into Christmas Lake. (f) The Owner of Lot 3 shall be in charge of and oversee the maintenance of the Common Area, and, in the event.the Owners i' entitled to use the same shall fail to.maintain the same in a reasonable manner, as determined by the Owner of Lot 3, said Owner of Lot 3 may expend such sums as may be reasonably necessary to provide the minimum maintenance of said Common Area. Any such sums so expended shall be.repaid to said Owner 0611 f of Lot 3 within 60 days after the Owners of Lots 1,.2, 6 and 7 entitled to use said Common Area have received written notice from the Owner of Lot 3 of their share .of such expenditure. Any Owner who fails to pay said sum when due shall not be entitled to use said Common Area until all such sums due from him are paid in full. (g) Every Owner entitled to use said Common Area shall remove his watercraft therefrom by November 1 of each year. SECTION 5. ENFORCEMENT (a) The standards set forth herein shall be enforceable by the Owners, their successors, and assigns, jointly or individually, for the maximum period allowed by law., by (i) injuctive relief, whether prohibitive or mandatory, to prevent the breach of or to enforce the performance or observance of these standards, (ii) a money judgment for damages by reason of a breach of these standards, or (iii) both (i) and (i), (b) The failure of any Owner, his successors or assigns, to enforce any provisions of this Declaration upon.the violation thereof shall in no event be deemed to be a'.waiver of the.right to do so as to any subsequent violation. (c) Invalidation of any of the provisions of this Declaration whether by court order or otherwise, shall in noway affect any of the other provisions, which shall remain in full force and effect. (d) Any party to a proceeding who succeeds in.enforcing or enjoining the violation of any of these covenants against a Site Owner may be awarded reasonable attoriney's fees against such Site Owner and shall be entitled to interest at the rate of eight percent (8%) per annum on any monetary amount awarded from the date such amounts shall be determined to.have been payable. (e) No violation of any of these covenants shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any Site; provided, however, that any mortgagee in actual possession, or any purchaser at any mortgagees or fore- closure sale shall be bound by and subject to these covenants as fully as any other Owner of any Site. SECTION 6. GENERAL. (a) No structure or enclosure shall be constructed on any Lot unless the same meets the required setback and building code requirements of the City of Chanhassen and other local and state regulations and laws applicable. thereto. (b)No single family residence shall be constructed on any Lot unless the same shall contain at least 1500 square feet of finished living space (not including basements, but including walkout lower level spaces). (c) No single family residence or garage.shall be constructed on any Lot unless.a certificate, executed by.a licensed architect or engineer and stating that the soil below the proposed foundation for such structure can support the same, is first submitted to the City of Chanhassen with the application for a building permit. -7- IN TESTIMONY WHEREOF, The said Mildred G. Bartlett, personal representative of the Estate of Merrill Bartlett, Jr.,_William Bracken Ward and Patricia C. Ward, husband and wife,.and Frank Beddor, Jr., and Marilyn Beddor, husband and wife, have hereunto set their hands this day of 1980. Estate of Merrill Bartlett, Tr. by Mildred G. Bartlett Personal Representative William Bracken Ward Patricia C. Ward Frank Beddor, Jr. Marilyn Beddor STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 1980, by Mildred G. Bartlett, personal representative in the Estate of Merrill Bartlett, Jr.. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me.. this . day of 1980, by William Bracken Ward and Patricia C. Ward, husband and wife. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ). The foregoing instrument was acknowledged before me this day of 1980, by Frank Beddor,.Jr. and Marilyn Beddor, husband and wife. Notary Public -10- Lots One (1) through Seven (7),, inclusive, of Christmas Acres, according to the plat thereof on file in the office of the Carver County Recorder,. Carver County, Minnesota-. EXHIBIT A METROPOLITAn WAITS CC)ATROL C®i71MIff10fl T": �1 350 METRO !OUARE BLDG. 7TH & ROBERTfTREET, IAin T PAi L r, in s5loi 6!2 222.8423 I March 18, 1980 Mr. Donald W. Ashworth City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Christmas Acres Utility and Street Construction Dear Mr. Ashworth: 1-1 Ci`;! A,-drni ilstrntiTC E�?'i��l .l Dn:L The Metropolitan Waste Control Commission has reviewed your application for a sanitary sewer extension for Christmas Acres. This project is in accord with your comprehensive sewer plan (CSP) and consistent with the Metropolitan Urban Service Area. We will file this project as part of your CSP and inform the Minnesota Pollution Control Agency that we have no objections to the installation of these facilities. Sincerely, X-2a ek4 R. A. Odde Staff Engineer RAO:YNM:hw cc: Metro Council Myrna Halbach, MPCA RECEIVED VILLAGE oFiJ� CHANHASSI;N, �l MINN. v -ZL _.cyd-d Main Office 571.6066 USURSAN 6875 Highway No. 65 N. E. `` a❑ N01NEERIP40 Minneapolis, Minnesota 55432 —1 NC. a South Office 890-6510 ® Civil, Municipal &Environmental Engineering 1101 Cliff Road MFI Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 January 29, 1980 UTILITY EASEMENT An utility easement over Lot 4, Block 1, Christmas Acres, Carver County, Minnesota, lying southwesterly of the following described line: Beginning at the intersection of a line parallel with and distant 50.00 feet northeasterly of the southwesterly line of said lot and the southeasterly line of said lot; thence N76042'41"W to its intersection with the southwesterly line of said lot and there terminating. The said southeasterly line has an assumed bearing of N33000'59"E. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Surv. Peter J. ' Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldo% Reg. Eng. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Bob Waibel City of Chanhassen Box 14 7 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 18, 1979 Re: Plat of Christmas Acres TELEPHONE (612) 335-9565 The City Council, at its October 15, 1979 meeting, approved the development contract for the Christmas Acres plat as drafted by your office. Section 20(a) of your development contract contains two blanks, which should be filled in at this time. The amount of the Pro- ject 71-1 special benefit should be filled in as being $19,566, computed as follows: Levied Assessments: 3,277.00 Deferred Assessments: 16,289.00 Total: $19,566.00 The amount of the Project 75-2 special benefit should be indi- cated as being $25,668, computed as follows: Levied Assessments: 19,815.00 Deferred Assessments: 10,003.00 Less credit for area charge: (4,150.00) Total: $25,668.00 The above figures are based upon a Schoell & Madson report of August 10, 1979. As drafted, the amounts in §20(A) are to include only principal. Interest is added to the above amounts in the manner set forth in your subparagraphs (b) and (d). The development contract should be signed prior to release of the plat to the developer. All persons shown on the plat as having an interest in the property should sign the development contract. If you notice any discrepancy between the parties identified on the plat and the parties listed in the signature section of your Christmas Acres development contract, please call me. Very truly yours, ^ CRAIG M.RTZ Assistant Chanhassen City Attorney CMM:mep '16 WILLIAM D. SCHOELL 1 CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Bob Waibel, LUC P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 21 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS October 18, 1979 Subject: Christmas Acres With reference to the above named subdivision, we wish to report that Suburban Engineering, Inc., has submitted to us a plan view of streets and utilities for our review. The only comment we have is to recommend looping of the watermain. Our preference is not to review plans until they are complete and up to normal standards, meaning plan and profile sheets with details. The plans submitted are not complete. Please advise as to questions. Very truly yours, SCHOELL & !' - :'-EON, INC. JRG.rr:mkr cc: Daryl Fortier, Korsunsky, Krank, Erickson, Architects, Inc. tyl V W DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CHRISTMAS ACRES CARVER COUNTY, MINNESOTA The undersigned owner and contract for deed purchasers of the premises described in Exhibit A attached hereto and hereby made a part hereof, Declarants herein, are desirous of establishing certain minimum standards for the development of a single family residential development on the premises described in Exhibit A to insure a proper and appropriate land use thereof so as to: a) Protect the owners of land within the plat of Christmas Acres against such improper use of land therein as might depreciate the value of their property; b) Guard against the erection of structures built of improper or unsuitable materials; c) Insure the erection of attractive and appropriately located improvements to prevent an inharmonious appearance and function; and d) Provide for adequate setback, off-street parking, and in general to provide a development which will insure use of said land and the lake shore thereof to maximize the aesthetic value thereof. NOW THEREFORE, Declarants, the Estate of Merrill Bartlett, Jr., by Mildred G. Bartlett, personal representative, .fee owner, and William Bracken Ward and Patricia C. Ward, husband and wife, and Frank,Beddor, Jr. and Marilyn Beddor, husband and wife, Contract for Deed vendees, hereby declare that the land described in Exhibit A hereto shall be held, conveyed, developed and main- tained in accordance with the following standards and guidelines Drafted by Jules Smith7l0� or Ave S. i and subject to the following easements, restrictions, covenants, and conditions, which shall apply to each and every part and parcel thereof and shall apply to and bind each and every successor in interest thereof, and are hereby imposed upon said premises as a servitude in favor of each owner of any lot in said CHRISTMAS ACRES as described in Exhibit A hereof. SECTION 1. DEFINITIONS For the purpose of this Declaration, the following terms shall have the following definitions except as otherwise specifically provided: (a) "Property" shall mean and refer to the real property within the plat of CHRISTMAS ACRES, which said premises is described in Exhibit A hereof. (b) "Common Area" shall mean a 15-foot wide lake access easement over Lot 3, along and adjacent to the southwesterly and northwesterly lines of said Lot 3, and any dock which is constructed therefrom,' Which is for the common use and enjoy- ment of the Owners of Lots 1, 2, 3, 6 and 7 of said CHRISTMAS ACRES. (c) "Lot" shall mean and refer to any delineated plot of land shown upon the recorded subdivision map of the Property with the exception of public roadways. (d) "Site" shall mean and refer to a single platted lot. (e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Site which is a part of the Property,. (excluding contract sellers and including in place thereof their contract purchasers) and excluding those having such interest merely, as security for the performance of an obligation. •J -2- (f) "Declarations" shall mean and refer to this declaration as the same may be amended from time to time as herein provided. i Other terms shall have the meanings attributed to them herein. SECTION 2. PERMITTED USES (a) No Site shall be used except for residential purposes; no buildings shall be commenced, erected, altered, placed or permitted to remain on any Site other than one single family dwelling, not to exceed two stories in height, and a garage for use -only by the residents of the Site. Each dwelling erected shall have a garage for at least one car and on -site parking spaces to accommodate at least two cars. (b) No Site shall be subdivided or split by any means whatsoever into any greater number of residential plots, nor into any residential plot or plots of similar size. (c) No noxious or offensive activities shall be conducted on any Site, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners. (d) All uses of the Property shall comply with the single. family residential regulations as set forth in the applicable provisions of the ordinances of the City of Chanhassen. Said regulations sha-1 govern if inconsistent with these declarations, to the extent actually inconsistent. If not inconsistent herewith, the standards of the declarations shall be considered as require- ments in -addition to said regulations. (e) No sign shall be placed on any Site, except that one "for sale" sign may be placed on any Site. --3- (f) No birds, animals or insects shall be kept on any Site except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes. (g) No structure of a temporary character, trailer, basement, tent, shack, garage, or other building shall be used on any Site at any time as a residence, either temporarily or permanently. (h) All on Site utility connection facilities and services shall be underground. (ij All else herein notwithstanding, any Site may be, used for a model home with customary development signs during the development period of the property. SECTION 3. SITE MAINTENANCE (a) outside storage of any items shall not be allowed unless screened from view by enclosures or plantings which effectively screen such storage from view outside the Site. The design of such screened enclosure must be compatible with the natural character of the Property. . (b) All buildings shall be maintained in a state of good order and repair and all other Site areas shall be properly maintained at all times. (c) All improvements and structures shall be completed within one year after the commencement of construction thereof. 10 -4- SECTION 4, COMMON AREA The Common Area easement for the use and benefit of Lots 1, 2, 3, 6 and 7, Block 1, shall be a non-exclusive easement, .for use by the Owners of said Lots for access to Christmas Lake, in accordance with the provisions of this Section. • (a) Only the Owners referred to in this Section, and their guests and tenants, may use said Common Area. (b) No part of the Common Area shall be used as a swimming beach. (c) The Owners of Lots 1, 2, 6 and 7, Block 1, shall be allowed to keep not more than one licensed watercraft at the shoreline of, or at a dock constructed into Christmas Lake from, said Common Area. (d) The Owners entitled to use said Common Area shall maintain the same and any improvements thereon at their sole cost and expense. (e) One common dock, adequate in size for the docking of five 17-foot long boats, may be constructed from the said Common Area into Christmas Lake; and the Owners of Lot 3, Block 1, shall utilize said common dock. (f) The Owner of Lot 3, Block 1, shall be in charge of and oversee the maintenance of the Common Area, and,.in the event the Owners entitled to use the same shall .f ail to maintain the same in a reasonable manner, as determined by the Owner of Lot 3, said Owner of Lot 3, Block 1, may expend such sums as may be reasonably necessary to provide the minimum maintenance of said Common Area. Any such sums so expended shall be repaid to said Owner - 5- of Lot 3 within 60 days after the Owners of Lots 1, 2, 6.and 7 entitled to use said Common Area have received written notice from the Owner of Lot 3 of their share of such expenditure. Any Owner who fails to, pay said sum when due shall not be entitled to use said Common Area until all such sums due from him are paid in full. (g) Every Owner entitled to use said Common Area shall remove his watercraft therefrom by November 1 of each year. SECTION 5. ENFORCEMENT (a) The standards set forth herein shall be enforceable by the Owners, their successors, and assigns, jointly or individually, for the maximum period allowed by law, by (i) injuctive relief, whether prohibitive or mandatory, to prevent the breach of or to enforce the performance or observance of these standards, (ii) a money judgment for damages by reason of a breach of these standards, or (iii) both (i) and (ii). (b) The failure of any Owner,'his successors or assigns, to enforce any provisions of this Declaration upon the violation thereof shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation. (c) invalidation of any of the provisions of this. Declaration whether by court order or otherwise, shall in no way affect any of the other provisions, which shall remain in full force and effect. (d) Any party to a proceeding who succeeds in enforcing or enjoining the violation of any of these covenants against a Site Owner may be awarded reasonable attorney's fees against 12 such Site Owner and shall be entitled to interest at the rate of eight percent (8%) per annum on any monetary amount awarded from the date such amounts shall be determined to have been payable. ` (e) No violation of any of these covenants shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any Site; provided, however, that any mortgagee in actual possession, or any purchaser at any mortgagees or fore- closure sale shall be bound by and subject to these covenants as fully as any other Owner of any Site. SECTION 6. GENERAL (a) No structure or enclosure shall be constructed on any Lot unless the same meets the required setback and building code requirements of the City of Chanhassen and other local and state regulations and laws applicable thereto. (b) No single family residence shall be constructed on any Lot unless the same shall contain at .least 1500 square feet of finished living space (not including basements, but including walkout lower level spaces). (c) No single family residence or garage shall be constructed on Lots 3, 4 and 5, Block 1, unless a certificate, executed by a licensed architect or engineer and stating that the soil below the proposed foundation for such structure can support the same, is first submitted to the City of Chanhassen with the application for a building permit. IN TESTIMONY WHEREOF, The said Mildred G. Bartlett, personal representative of the Estate of Merrill Bartlett, Jr., William Bracken Ward and Patricia C. Ward, husband and wife, and Frank Beddor, Jr., and Marilyn Beddor, husband and wife, have ' hereunto set their hands this -LIPday of ,1980. STATE OF MINNESOTA) COUNTY OF CARVER ) ss. Estate of Merrill Bartlett, Jr. by e: 'M�ldred G. Bartlett Personal Reprepentati William Bracken War w9"'mm. _.ice The foregoing in trument was acknowledged before me this day of , 1980, by Mildred G. Bartlett, personal representative in the Estate of Merrill Bartlett, Jr. C- AAAAAAAAAAAAAAAAl.k.04AAAAAn,1e.n�:',s:•r —� JOHN B. LUNDQUIST �. Not Public NOTARY PUBLIC-MiNN230"."A HENNEPIN COUNTY my Commission Expires Au;. 29, 10 Y .iJ y �i:�V {�'•���{'�jv •v : �JiVyy7YtMYiG'IYI!``i •+;t LE t STATE OF MINNESOTA) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /�A day of 1980, by William Bracken Ward and Patricia C. Ward, husband and wife. �•x� DAVID A. 8RANDELL rjSF� Pb9 NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My COMM. Expires July 21, 1982 x vWVVWvvvvA STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) sa, ✓��Gu- No ary Public The foregoing instrument was acknowledged before me this z 0"- day of 1980, by Frank Beddor, Jr. and Marilyn Beddor, husband and wife. x DAVID A. BRANDELL NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY Notary P.ubllc My Comm. Expires July 21, 1982 x vvvvvvvvvvv • 1s Lots One (1) through Seven (7), Block 1, inclusive, of Christmas Acres; according to the plat thereof on file in the office of the Carver County.Recorder, Carver County, Minnesota. 47454 OFFME Ou COUNTY RECORDER STATE CF MINNESOTA COUNTY of CARVER hereby certify that the within Instrument tiled Qlpr record In his ofifpe on the M -ict was duly racorded in book } unty Recorddr sy eputy cdu , Recorder EXHIBIT A its �i Kairies, Angie From: David Beddor [davidbeddor@msn.com] Sent: Thursday, June 02, 2011 9:46 AM To: Jeffery, Terry; Kairies, Angie Cc: Barb Odom; Jim Green; Marilyn Beddor Subject: Re: Rescheduling Follow Up Flag: Follow up Due By: Tuesday, June 07, 2011 8:30 AM Flag Status: Flagged Hi Angie, Thanks for you note. When we met last, Terry shared a legislative fix was needed before cities would tackle variances given the Supreme Courts ruling on the Minnetonka case. Initially I feared it could take years. After talking to Tom Grundhoefer as you has suggested, I was encouraged to learn "it was the works and to sit tight". Since that time, a legislative fix has been put forth and now it seems appropriate to meet. We'd like your counsel on the best way to proceed given the new circumstances. Here's the 4 main topics 1) Fully understand the variance application process 2) Understand the ramifications of the legislative change on the variance application 3) Gain staff support for a specific layout - which one works best. 4) Approval to move forward with summer plan See you next Wednesday at 9:30 am. Regards, David 1. ----- Original Message ----- From: Kairies, Angie To: David Beddor ; Jeffery, Terry Cc: Barb Odom ; Jim Green Sent: Thursday, June 02, 2011 8:33 AM Subject: RE: Rescheduling Good morning, David Wednesday, June Sth at 9:30 will work to meet. Could you send me a brief summary of what you would like to discuss during the meeting, so we can have any pertinent information prepared. I understand we are discussing the dock/easement situation; if you could send me your specific questions and/or comments I would appreciate it. Sincerely, Angie Angie Kairies Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: akairies(@ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: David Beddor fmailto:davidbeddor(amsn.coml Sent: Thursday, June 02, 2011 8:17 AM To: Kairies, Angie; Jeffery, Terry Cc: Barb Odom; Jim Green Subject: Rescheduling Hi Terry and Angie, How might Wednesday June 8th sometime after 930 work for you both? David ----- Original Message From: Jeffery, Terry To: David Beddor; Kairies, Angie Cc: Barb Odom; Jim Green Sent: Friday, May 27, 2011 4:26 PM Subject: RE: David, Angie is out of the office today. I personally have two meetings set up in the morning on that day Regards, Terry TERRY JEFFERY !". 952.227.11GF (•x) 19S2.227.1170 (f) I tjef€etyL�ci.chanhassen.mn.!:s www.d.chanhassen.mn.us From: David Beddor fmailto:davidbeddor(a)msn.com] Sent: Friday, May 27, 2011 12:56 PM To: Jeffery, Terry; Kairies, Angie Cc: Barb Odom; Jim Green Subject: Terry and Angie, More time has passed than we intended since out last meeting - perhaps you can relate : ) 2 Might you both be free to meet with us next Wednesday morning - first thing preferably ? There has been a few new developments that we'd like to get your input on. Thanks, David Beddor 952-474-1023 GLENN FROBERG ATTORNEY AT LAW 17736EXCELSIOR BOULEVARD MINNETONKA, MINNESOTA 55345 TELEPHONE (612) 474-2100 September 30, 1985 Ms. Barbara Dacy, City Planner City of Chanhassen 690 Coulter Street Chanhassen, Minnesota 55317 Re: Lots 1, 2, 3, 6, and 7, Block 1, Christmas Acres Dock Access to Christmas Lake Dear Ms. Dacy: This will confirm our discussion today regarding City approval for docks installed or to be installed for use by property owners of the above referenced lots. It is understood that a four -boat dock to be installed at the foot of a common easement on Lot 3 for use by the owners of Lots 1, 2, 6, and 7 has been approved by the City pursuant to the site plan for Christmas Acres which was approved by the council on May 7, 1979. It is further understood that the owner of Lot 3, who has maintained his own private dock on Lot 3 for some time, will be permitted to continue to utilize his existing dock without further permission from the City. This situation will result in two separate docks being constructed on Lot 3, without any additional action necessary on the part of the City. Should this understanding differ from the City's position in this matter, please contact me immediately. GF:dmj cc: Barry Calhoon Julius Smith, Esq. Very tKuly yours, ter- rE�NN UBERG Ci i f OF fHANHASSEN ou 2 fA CHANHASSEN PLANNING DEPT.