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79-01 - Christmas Acres PUD pt 27610 LAREDO DRIVEsP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: October 15, 1979 SUBJ: Development Contract/Conditional Use Permit The following development contracts and conditional use permit are attached for Council review and approval. It is the Staff belief that.all contracts presented are -,in accordance with previous City Council and Planning Commission actions: 6 `a. Chaparral (New Horizon Homes) Off` b. Hesse Farm c. Christmas Acres -qql d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta Creek 2nd Addition The following statements are presented'in regards to each of these contracts: a.' Chaparral (New.Horizon Homes) - The developer and City Staff are in agreement with. -All terms of the contract as presented. A policy decision is presented in one area of the contract and, given concerns raised by the.Council during discussion of the Ecklund and Swedlund development contract,- such_is.presented for discussion this evening, i.e. method Qfwcollection of assessments.. Specifically, the original contract between -_the City -'and Dunn and Curry for Phase' I levied assessments over`a 15--year period. In preparing_.the development contract for New Horizons,'-.this.office instructed the attorneys office to place all assessments (previous Dunn & Curry area as well as the additional phases for New Horizon) under one umbrella development contract and to require that all assessments become due and payable as a part of that development. The developer has agreed to this position; however, this office would additionally desire that all assessments for sewer and water improvements be seen in the same light as street, storm sewer, etc. .construction costs, i.e. said assessments would not be on an individual lot basis, but instead be required to be paid in the same manner that we would require street improvements to be made and paid for (stated in the development contract and backed by an irrevocable letter of credit). This is the form of collection which took place Maayor and Council -2- - Octobeir 15, 1979 �1 t� on the Ecklund and Swedlund property regarding assessments against individual lots; however, the fallacy in that development was additional work was undertaken as a part of the contract which resulted in assessment costs higher than the amount collected per individual lot.. This should not occur in this particular contract as amounts due the City ate fixed assessment amounts and are not subject to change. The primary concern of this office is that the auditor's office often lags behind the City by up to a 2-year period and difficulties of preparing individual cards showing individual year levies for a 15-year period results in greater potential for error than consolidatirg all payments in one area and maintain responsibil- ity under one developer. Again, as there appeared to be prior confusion as to how or what the Staff was doing in regards to the Ecklund and Swedlund development, this item is being presented at this time. Approval of the development contract in line with the above philosophy is recommended. b. Hesse Farm - The contract as presented is believed to be in accordance with previous -City Council/Planning Commission actions. and includes statements of the developer that streets would meet City standards and that the emergency access would additionally meet City standards. It is the understanding of this office that Mr. Hesse will be present to request that the Council delete hard surfacing of the roads (emergency access had never been proposed to be surface) and to significantly reduce the depth of material (reduce tonnage standards) . -It is the staff recommendation, that, if this position is presented, that such be.denied as: - Previous experience has shown that, although property owners will like the rural setting, that after a period of time they will become disenchanted with the dust of the.gravel road. At that point in time, such will no longer be a problem of the developer but one solely with which the City and individual property owner will have to reconcile. Obvious differences between a rural subdivision addition versus urban should be obvious to an unsuspecting buyer., i.e. no sewer or water, lack of curbs, etc. However, the buyer should reasonably assume that, through city approval, that improvements that are made are of a reasonable standard. For the city to reduce road standards simply because this is a private development area could not be justified any more than reducing building, plumbing, etc. standards for the same reasons. Again, when the road fails and the property owner recognizes that - 1) the city approved.the streets constructed and 2) he is paying the same taxes as any other owner within the community; he will demand the city help or make improvements - not the developer. The above statements are also true in regards to the emergency road. If this emergency access is not of a standard to assure the traffic can be accommodated through the rain and snow seasons, such should be totally deleted. Mayor and Council -3- October 15, 1979 C. Christmas Acres - Approval recommended as presented. No disagreements anticipated by the developer. d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta Creek 2nd Addition — Approval recommended upon condition that developer pay all amounts due the city. The developer may note that a majority of costs owed by him are in regards to in house (Schoell and Madson) engineering services for the improvements being made as a part of the Minnewashta Creek 2nd Addition development - not the beach lot permit. This office agrees with these points, but does not change the fact that the amounts are due from the developer to the city. CITY OF 6 CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 7, 1979, TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Christmas Acres Subdivision APPLICANT: William B. Ward PLANNING CASE: P-595 uarred Date Date Sutrm,, to:i C. t'o rirli.sic7 Dete ;,4hnitta; io it::«;sit The applicant is requesting to subdivide an approximate 11 acre parcel on the southwest shores of Christmas Lake into 7 residential building sites. The subject property is located in the northeast quadrant of the intersection of Pleasant View Road and Powers Blvd. and is commonly known as the Bartlett property. Initially the subject request came in with a subdivision proposal to place 21 residential lots on the subject property. The planning commission at it's February 28, 1979, meeting, was presented the plan which is presently before the city council for consideration. The public hearing regarding the Christmas Acres subdivision was held on April 25, 1979, wherein the major share of the discussion involved the waterfront usage. The applicant indicated plans to have a 15 foot wide beach lot in the northwesterly most portion of the lot 3 for the sole use of the owners of lots 1, 2, 6 and 7 with a 15 foot wide pedestrian way along the northwestly and southwesterly property line of lot 3. The planning commission recommended approval of said beach lot with recommended denial of the applicant's request to construct a gazebo near the waters edge. The planning commission additionally recommended that the dockage issue be agreed to between the applicant and the Christmas Lake Homeowners organization. This office is of the opinion that the combination of the 300 foot driveway and the 60 foot frontage on Pleasant View Road for Lot 5 does not meet the spirit and intent of the zoning ordinance, and subdivision ordinance in regards to the street frontage requirements. I would recommend that lot 5 be designated as outlot until the residents proposed on the property could be available to in excess of city standard. Mr. Don Ashworth -2- May 7, 1979 Recommendation I recommend that the city council approve the subdivision request for Christmas Acres with the following conditions: 1). That all unit assessments assessed and deferred remain intact as per the Carver Beach public improvement project, and the North Service Area public improvement project. 2). That due to trematic relief conditions on lots 3, 4 and 5, that all building plans proposed for these properties be certified by a registered architect under the laws of the State of Minnesota. 3). That lot 5 be platted as an outlot until adequate access is afforded to any residents on the property. on W / Council Meeting May .) 1979 11 -3- 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 Gevin4 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 War is requesting to.Subdlvl e approximately '°11 acres into seven lots. The Planning Commission recommended approval of_a beach easement acid 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 the recommendations of the watershed district be incorporated into the development contract -and that assessments be certified this year. Due to the dramatic relief conditions on Lots 3, 4, and 5, all building plans for these lots be certifiedby 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. 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 environmental.impact.statement: l.- 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: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. -Motion carried. HANUS CONDITIONAL USE PERMIT: The Building Inspector has reviewed the conditions of the permit and visited the site. HANDICAPPED`SCOUT--WEEK: Mayor Hobbs proclaimed-the.week of June 4 as Handicapped Scout Week. Local scout troops will be holding a paper drive during that week for the handicapped scouts. A copy of the proclamation will be sent to the Chamber of Commerce for their support. CONSENT AGENDA: .Mayor Hobbs asked if any council member wished to 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 Geving moved to approve the following items pursuant to the City #k 39 DO 11.20 A in NE4 2-116-23 Merrill Bartlett Jr 1050 Pleasant View Sewer Lateral none Water Lateral 3,277.0 _- Trunk Sewer Unit none Trunk Water Unit none IMPT'T. DESCSEWER. & WATER 1 971 —1 i BEGINNING DATE 0 _01 _7 RECORDING _O 1_74 No 7.00 , CODE _ 1 DATE INT_ RATE NO.OFY 1 YEAR PAYABLE AMOUNT MEMO PRINCIPAL INTEREST g " 2 3 1974 505.22 218,47 286.75 3277: + 1 1976 4 2 56 417.28 218.47 214.o9 2840, S 1977 401.98 211i, .7 218.47 19. �, 183,.51. 2 21 6 1978 386.68 218.47, 16 a,.21 2403. 2184. 7 a 1980 1981 356,10 2 8:47 1747., s 340.80 218,47 - 122.63 33 1529., 10 11 .' 1983 1984 310:22 218.*47 91 .75 1092. : 12 2.34. g4 218,47 76,47 373.E 14 1986, 1987 264.34 249•06 218 . •47 45,87 • E 436,E 1s 218.47 30.59, 218,4 16 17 18 19 20 21 22 23 24 1 25 1 26 27 28 29 30 31 32 Burroughs BU51NE55 FORMS U SPECIAL ASSESSMENT VILLAGE OF CHANHASSEN 7� C. 0 Merrill Bartlett Jr. 1 Sewer Lateral -' 2,675.00 16 Sewer Trunks 7,328.00 Less Area Credit-4,150.00 Total 5,853.00 IMPT-T. DESC. _Sewer & Water NO 75-2 - --__ -- _'- CODE BEGINNING DATEIO-01-76 RECORDING DATE 1-01-7!-7 INT. RATE 719- NO. J'RS- YEAR _PAYABLE AMOUNT --- MEMO --- PRINCIPAL _ _ I EST INTER BALANCE _ 1 2 1977 5,853.00 - 548.71 6,401.71- 3 1978 438.97 6,840.68 4 1979. 4.38.97 7,279,68 5: 1979 BAL. ORIG.13,1371 MI' 15,852.00 31131.65 6 � I f1 9 5 7 = 3,30 .52 each lot Off 11 12 13 14 15 17 o 19 20 21 +2Z .23 - 24 25 y 26 27 28 25 30 31 32 SPECIAL ASSESSMENT ' CITY OF CHANHASSEN v,2-000-00q(6 - coo Carver Beach NE a _rill Bartlett Jr. Sewer Lateral 13,375.00 Trunk Sewer unit 2,290.00 Area Assessment --4,150.00 IMPT'T. DEs(5.Q E'R AND DATER 7- NO./_CODE Cl� BEGINNING DATE O-01 -7 5 RECORDING DATd -01 -77 INT. RATE-y55 L NO. OF 1 YEAR PAYABLE AMOUNT MEMO - PRINCIPAL INTEREST BALANCE 2 3 1977 1978 3178.66 2703.06 1321.00 1857.66 1981 00 18494.00 1980 �,� ;�•y" 1321.0o 1321.�0 1337.o6 T2�7��,: s 6 1981 2509.90 2410.8'2 132T.00 iiva8.go 14$52:00 7 y�� �� 0 132E .GO 1089,82 13210.0o 8 1983 1984 2212.68 3� :8 1321.OJ I 891,6 b 9 10 21 13.6C �-I 1321 1321.00 792,60 10568.00 ., 9247.00 11 i 1986 j 1987 : 1915.4 1316.38 4 �� T3�1 .C}0 . L 594►46 66C5.00 Iz >D , 1321.00 ^ 495.38 5284 QO 13 14 .1990 1 989 .. 1618.22 t519.i6 13 21 .00 297.22 . 2642,00 15 �P n i321.GO 198.16 1321.00 is -, ... 17 18 20 21 22. 23 24 25 26 27 28 29 30 31 32 Bhq B BSINESS SI;IE55 FJ345 B SPECIAL ASSESSMENT VILLAGE OF CHANHASSEN qp0 merrill Bartlett Jr. 1 Sewer Lateral 2,675.00 16 Sewer Trunks 7,328.00 Less Area Credit-4,150.00 Total 5,853.00 ' - Sewer & Water No. IMPT'T. DESC. - 75-2 CODE BEGINNING DATE 10-01-76 RECORDING DATE 1-01-77 INT. RATE 719 NO.OARS YEAR AMOUNT MEMO PRINCIPAL INTEREST BALANCE PAYABLE 5,853.00 ' 548.71 6,401.11 2 1977 438.97 6,840.68 3 1978 _.. 1:479 438-;97 7:,279 979 BRL.v:ORIG RS Ml' T5,852..00 7 e i3,131.65 : 7 3,30 .52 each lot 9 if - - t2 13 14 ;.15 19 20 21 25 26 27 6 31 _ 32 SPECIAL ASSESSMENT ' CITY OF CHAt4HASSEN Lot 1 Christmas Acres 23,131.65 divided by 7 tots = 3,304.52 Sewer and Water 75-2 IMPT'T. DESC. NO. CODE I 1-01-77 7-1 �ff. rs BEGINNING DATE RECORDING DATE INT. RATE NO. OF YRS.— YEAR PAYABLE AMOUNT MEMO PRINCIPAL INTEREST _ �- BALANCE 3,304.52 2 1980 523.20 275.37 247.83 3,029.15 3 227.19 2,753.78 1982 ° �49.119G' �7`5:._37' 206 53. 2, 478 41" ,:1g83:.. -4611984, ,v2C: 25.3785 8} 2.203.�4 ._ , ; .. .165.23. ; `.927. 67' 7 1985 419.94" 275.37 144.57 1,652.30 s 1986 399.30 275.37 123.93 1,376.93 91927 103.27 1,101.56 .198$ 57 '98: 275::37 =82.6.1 Mi :I9 it - `1989- 337A4 275..37 61.,97 '550 ' r2:. 41.3 :'275.:45. 13 1991 296.10 275.37ys' 20.65 -0- 14 .15 1b _ ItA 19 20 21 :22 �. 25 26 27 31 32 SPECIAL ASSESSMENT "+= I . CITY OF CHANHASSEN I - 39DU Merrill Bartlett 6 Water Laterals 6,792_00 1 Sewer Lateral 2,537.00 23 Water 1 Trunks 81740.00 Seger Trunk 320.00 Less Area Credit - 2,100.00 Total 16,289.00 IMPT'T. DESC. _ Sewer and 1.1,4. er 71-1 NO. CODE BEGINNING DATEIO-01-73 RECORDING DATE 1-01-74 7% iS �_ - INT. RATE NtJ. OF YRS. .:_ I YEAR PAYABL=_ AMOUNT MEMO PRINCIPAL INTEREST BALANCE 2 1974 16,289.00 1975 1,425.26 , 4. 3 1,140.23 18,854.49 ; 1g77 23` 9,994°..:72 Is 1,:T4a. 2i y 134 -95 . . 1,140.Z3: 22,27518.. '' 40.23 23,415.41 9 23,41-.41 divided by 7 = 3 345.05 each 11 t 10 _. tt 13 d4 1S 17- - t8 F 19 ` .20 21 zz .71 - 24. _ 23 26 Lot i Christmas Acres 23.415.41 divided by 7 1 is = 3,345.05 IMPT'T. DESC. Sewer and Water 3 71-I �d DATE 4c�� No. CODE _BEGINNING RECORDING DATE 1-)7-74 INT. RATE o� }•�N0.+c9�F 1 YEAR PAYA9LE AMOUNT MEMO PRINCIPAL INTEREST YS.. 2 1980 605.82 371.67 BALANCE 3,345. 05- 3 198i 579.80 `71.67 234.15 2,973.3$ 3. 3 T 983 5 g 527. 78 �37,.67 20b.l� T 8t :I 1 2 60T.71 2; 230_ 04� _ 6. T9g 50:.;:71 37 67 #561.I 1';:858.37 7 1 :. 5.74 37"1 67: 371.67 13M9 ... :1-':486. 70 s 1986 449.72 371.67 104.07 1,115.03 w s 1987 423.70 371.67 78.05 743.36 97:7Q 37I:69' S2.03 371.69 it 26.01 -0- :tT 13 14 15 g �x - 19 20 - 21 25 26 27 36` 31 32 I I SPECIAL ASSESSMENT CITY OF CHANHASSEN WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen. P. 0. BOX 147 Chanhassen, Minnesota 55317 Attention: Kay Klir_gelhutz Dear Kay: SCHOELL & MAOSON, wc. ENGINEERS AND SURVEYORS 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS August 10, 1979 Subject: Assessment Search, Christmas Acres (Merrill.Bartlet) Property County Reference No. 39DO As requested, I have calculated the assessment on the above mentioned property. The breakdown is as follows: ASSESSED North Service Area This property was assessed on the 71-1 assessment roll. 1 Water Lateral @ $1,132.00 = $1,132.00 Water Area Assessment 107,250 S.F. @ .02/S.F. = 2,145.00 Pa $3,277.00,1 n QQ Qr-' n Carver Beach Area 5 Sewer Laterals @ $2,675.00 = $13,375.00 5 Sewer Trunks @ $ 458.00 = 2,290.00 Area Assessment = 4,150.00 ` $19,815.00 ' WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL ROONEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT H,ARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen P. O. Box 147 Chanhassen, Minnesota 55317 Attention: Kay Klingelhutz is SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS. August 10, 1979 Subject: Assessment Search, Christmas Acres (Merrill Bartlet) Property County Reference No. 39DO Dear Kay: As requested, I have calculated the assessment on the above mentioned property. The breakdown is as follows: T CIVIL'0--m'" North Service Area This property was assessed on the 71-1 assessment roll. 1 Water Lateral @ $1,132.00 - = $1,132.00 Water Area Assessment 107,250 S.F. @ .02/S.F. = 2,145.00 $3,277.00� �)z Carver Beach Area 5 Sewer Laterals 5 Sewer Trunks Area Assessment T C.nt nnz r1 @ $2,675.00 = $13,375.00 @ $ 458.00 = 2,290.00 4,150.00 $19,815.00 o SCHOELL & fMAOSON.INC. City of Chanhassen Attention: Kay Lingelhutz Page Two - Tl�`FF.RRFfl North Service Area 6 Water Laterals @ $1,132.00 = $ 6,792.00 1 Sewer Lateral @ $2,537.00 = 2,537.00 23 Water Trunks @ $ 380.00 = 8,740.00 1 Sewer Trunk @ $ 32,0.00 320.00 Y18,389.00 SF Area Credit 105,000 X .02 (Water Only) _ - 2,100.00 7 Lots at 15,000 S.F. Each = $16,289.00 August 10, 1979 This total should be spread over the 7 lots in this subdivision. $16,289.00 s 7 = $2,327.00 DEFERRED , Carver Beach Area 1 Sewer Lateral @ $2,,675.00 = $ 2,675.00 16 Sewer Trunks @ $ 458.00 = 7,328.00 — y_,— � Remains Deferred = $10,003.00 ra The only amount to be assessed on the North Service Area is 1., p''` deferred amount of $16,289.00. The Carver Beach deferred will be jlf_" picked up at a later date with a credit of the $4,150 area charge. interest has not been added to any of,these totals, and should be applied at proper rate since the date of the original assessment. Very truly yours, SCHOELL & 7MADN, INC. DLCam bell:mkr t F,CHOELL & MAOSON.INC. SPECIAL ASSESSMENTS ON MERRILL EARTLETT PROP. CARVEF. CO. 39DO) ••CRTFr SERVICE AREA Assessed: 1 Lat. Water Unit @ $1,132.00 Plater: 107,250 S.F. @ .02/S.F. Total Deferred: 6 Lat. Water Units @ $1,132.00 1 Lat. Sewer Unit @ $2,537.00 23 Trunk Water @ $380.00 1 Trunk Sewer @ $320.00 Credit $300 for each on Line Water Unit (Max. 7) Total Additional Assessments Add. Interest 42% (7% for 6 years) Total with Interest CARVER BEACH Assessed: 5 Lat. Sewer Units @ $2,675.00 5 Trunk Sewer Units @ $458.00 Total Deferred: 1 Lat. Sewer Unit @ $2,675.00 16 Trunk Sewer Units @ $458.00 Total Additional Assessments Add. Interest 22.5%.. (7h% for 3 years) Total with Interest $ 1,132.00 2, 145. 00 $ 3,2 77.00;��� 6,792.00 2,537.00 8,740.00 320.00 $18,3T9 2,100.00 $16,289.00` 6,841.38 $23,130.38 $13, 37 5. 00 t 2,290.00 $ 2,675.00 7,328.00 $10,003.00 " 2,250.68 $ 12,253.68 {'� •: � c ' r \try !^' - 'r, rf^.' ,�:nYTT"` ) . T '✓ l [17r1 „-` to �r,a r a+ ^^<rl - 4 th �l t '. �' l-n?R?7 1 me`nh'erS present; ._ - .wi.:e". • '_l, ..ter ,.,.� ,'..�n+i. r 1, �.�..'.•�1. .'l»„1 n,7 lo.rr'_n rrG(ie:rg- Mal _._.. line ... e0ved t'? ? pi ro-v the ^girl, It ^t 5ecnnrie .. J r JerrTr A+?r. r. Clti r 117'nVeIj T.Tj F,'n F .r.� �Stai ni to note the Co-- n l-, r7l' ,ites 11' :' nri_l i, 7 77Q� Toti l:,'_'! Seconded by T on {ree'-Durc. an(, tln?nl Qt1Slir a?_ rn*,re-7 R'?"' In Hoos called the l)eari ny to order -t 7; )lj p.l 1. ?:n th the fOi l O;di_ lrInterested LerS011S J1J.lius .Smith, 7�M. i-i, .i=rP., `;^., ?ol;g 'J(i.nn� �5kI'-j :ildarn y`�r.� 0'-• r) if'F `ve. ?xcelS�n^ 1. s . Ponal d1T. JooAm.a_,.Y ti'57 ' T"inr e :7 . � i n n 3 `ps i . _cd � tst-vi q T;a. Cha•rl es T. Donl�_eTnr, [?7? = _ Jrja= ''e.! Point Su s an e Deter �3. y✓}rl_ce, 6?rn7 _4 -o a.a -= T. Ho jr. } R 191� �r J , rran aS ."r;1 con - v t, � 1 i` eumann, 'r)r•,� .4rY'i e �:,v-a nl;.-..'`1?l �. �i eil, i':Trt Joe EnEel_h rt, 5^26 Er _e s•TTn , Chanhassen, , n. Biller T,. i'o'4�; �7n^ h:r�.st S T CT �kp Oa - -T s cl -es �.ab!. .,1�:�:.t, r•S;^ri ^'1ri. St_�l �.a Lake Road Sue '^race,,, l-""' ^ CosTi n +. z ?o d Lion Trace, ., 10 Covin.-tIo . Fran Neveaux, 621iC ;_,1-1 ' 'rep John Nevea_:t:, ()?)jn I Ir. Tree W,?.- ter Pr?',n✓ertog 5640 {io,r ;n,7i3On ?pad T_�r.d_a :-_�e;Ter, 6225 ?zd:e pad _1,ink fir, :i f', 1rlti Pl eaS?.i1t l_easan F_r✓' Vi e7: .;e_di Larson, Udse road The Assistant City Ma=1c�"er,l Tanner rend 4-he official. notice ce as 't� )l i she;a in the Carver Count,- Herald or April 11 � 107a- �}i' staff rei�f�?.YUlt�?:IrTa?gr��lyynpYhS^itr fl• hisopindo ns @.rid r eco.,Tnend a';i ons. 1iir. Daryl Fortiel, of Kors%2rsky, -frank, ,rickson Arch' T.ects, Inc-. made a ` re-sentSt10n statinc, it is a an 11 acre oar^el of land r'.^.ich the-- are re; uestjng he sub- divided ded into l ar^e, ]=arcel s for sing e f a nj l­ residential de -el1y-e 1t, 1hPzr are prO QS1Xlo set•en lots, _z.es ran` _pv frog l .l acres to 1 85 a:,re J l' er - I re -resent the Chr1.Stinas lake Association, and first cf a!! we would like to colmpliment the develo73rs, on the i.oi.V density n.i t'-e l and. In other words, an 11 acre site, and onlNr ? proposed hories. I thi"'t that this, as an Officer in Lr78 C�1r? St? :S Take 1�5 `C _ct' , T cieq e only 1' i _on ,.�. s t'.1 olhi nq I v oi.il� just like to men.tiron and :;07 nt out is the l.ntereStVin the CO':"_T"on access to the lake i-,ith the dock to t'-le orC?:;,e_rt7Y he'•^ n(; i.Th e�^ n ' i y , an-1, .._eth . or _cu and how that r•rould affect the l a'-e in tern, of boat ?en.^i+�rs7het'.,ier 4 - t 00cr'r , be ror boae-s or the t'ry e 1_L cove-na;-}-IIG that the -:n-rnlo-)ers li^_•re. I uncierst:and they h a some v n e rest.- cti F? over i !'i'-2 t TT l l P Pert- ine he e l hl:� G r c n s t.t n.t.._d n r.t t_ t_ � o �_z t_� t re znteres+_.._c� V?,r-, -ii tB.S T a ke . "Ci A ri 1_7 fT 1 QT) T- e 3 ql-).ort anc] thel- -,iro -s to bTe ilsc�,! only or reslrlentia! !11-r70S?S= that t V'Oi) e . I I t., -,..$ _,A-_ for som- no te-'oor-fary U -n - ? $1n r .r; r, 4 -4- •DJnJ,­,ce -ne cornon area. _...'I. It that Tots 1P 2) 6 an-- shall have a non-exclusve-I ease-iinent'-for acce.?s to t",,e 'lakn, --%h!.-Ih on.`_�r -,)wner,; can use, ovTners of these 'I.Dts, but the_.,c- are not allqowe.l to !n beacli there. This isn't access fe)r e be.;,&. Tt j- boats, , any? - , - n mmmer -­,o-ald be entitled e5�ch t-use the co won. aren c1ne col)!_t' keep on" -T T,.,Tatercraft rer-luired to be licenser' b-v the ��tate of T,'A-ne93tA at the sl-.nrel . 4- 1 L, - .-,-ne or at .,-.1 dock ccns�Irl cted in a 9- c e ) --- - - ; such ac tl-e on. area. T hat means Yqu 1,-rre �Tour C,-04-- * --- __ _­., cf1,_. have a no-er `-oat or a canoe, or a ,5�: llhoatl, b,?t -ou, C___ �Nn Ir :)n.-. in ---',her there T, IT be 4 bo9ft-t, .-nd 4 P,= ren-e.d Top L, -n-ft. T_ addi ti.one It �)rnvid!---�-Sz .--.'nr a s­ia-1.-1 -azeb,,-) to be constrict,-d on the •C.0--w)n area, it can 'nn constn,�cterl 2 _F1._ ­ + ill o ­1 r e of r �z f e a cl'!:�,�. T 7. f h 4., e Tt de- tF! n pa-y --ece-sar- co-st c +'C ".aintain tha.r, t� the of the of Tj­` e:,senanti C rz..'I'acent 1:D T1, C`:ner ke r) f 4 v-en 7 F-!Cretinn e e if he -_-:;ceqn1t IAI' Z, the '-e c��n tv rtl- _e core o_-Ir' it, M-1-se7f, b-L!' Vne-r� 1,, -�_n-,1. i.f -'-,he-,, tn e o1P_ - - :-.- h i e -1. S, e ns t- C. -le n e 4- t e 41 T' f 0.- + T�Iqa-r, aic�ht for -mrol- t7r e o a and i-sn T i-53 a strL p n Tt e E e-1, -1k., termInate the- don"E. Vh e sh rr. r fc _1`1-�e `M­Vn Of If there there ' _Tr T o_` eacin ye-.r, cD +,�-2t that are_�, -s a r e W I '_ - ri out cve--r- tne %-.rintwer, � �­, - _-, c-)verantus _pro rp-ded for. Th e I 'r—n 4- the la.1ce shore I vrolil-I that- -Oe to a fr:­-:�11 q r) ?r t ver _n, r-a c T 4 -n� t'j e er rt�-iu -re­ t T�Du,. 4. ob-%r4- DUS-1-7 r^.'V r,,ee"' vr7nate­ ents the c- t7.r ,mu-1 r,' wo, be P_ lot theire to "U, 4- V�e sti-I N. n) t a `Jlhat st FL-Cf? 7, cc=ent 2-Krit, an extrapeou.3 structure like Vrlat on Vne A g the`�r are ­rf tn; t,i P �7ui ,e-i set b- t-he Shcreline __=_end approv!al. 1S, '),I'SO 7, e r,�; (I've r tie been the 4. cy of" t' _j of Chanllhassen no„ to )T- Ine actlires nt ti-a suclh as this. There ha-rel been P, nir-lber O-r, s fo- co!!._J+�-nal use per-70 V­-1, have all been denied.. roman Ro.Ds bol:tt a certai n -d-L from frm 'he sli-rel-Inet _1�_Ss )t Te hl�v:.-e i-, estab-1, 4 s'­rl arry set . r­ nt bacir requi emen :a stnictire slich as this has been dien-11-n-ri .1 a perm;-t. 3TacP for stor ae:e because they can becl..r.11e MIS-1-11.-Pd. not mai_ntained anr3 itn s �o, Cn Ro,)s -__)-a Str+-a reaso-:hv 7,ou -out this i--- the co�,-enant? T, ]41,9 ST-ith It is an optional kind of 'Ll.-ing jq,-14 C11 so 'hav qre a-, e to get approv,�I_ of the Ci. tz.- T1 nlot in there in case people wanted t� L., and coiil_,the or the -4,) City. The develo-,jers are not t .. ild- ng it. It i,3 strictlY an o.A-io­ on the y-,.rt of the ct,ier fou--. The ;urnose was 7,o t'- a t -)e,-, t :!e �. 11 ?_`-_fe,-!: ts o7r T.Th at e,,-.er. 4. 'hese nanils, s T.argo, f4 C rk d�-,ve­o-)e- on t -,(� A-z"'USS n c o C.. . � I f , _:.. I I 'r-rith tben. I -nd a nl= ipj- S. dr)-n I I` "T,n T '­nit thln`, -It is material this i rcion Freebur:,-One mest.-*�.,)n, 0 T-U sa­ that 7,,,e hq?-enlt. tl-e 2ast allo�-,Teri a structure on the beac-11 2rea. Tli.s t-11-1s, for a is this for an V- I IS3 ?arson - TndI -.4 ,a,,_.'.: I- aS30C __Or-is.7 TO 1no7,,,Ied7e, e T,!:)-� C`Mllei no, bul I ri one do- tI-ere and 1--as.- it? ,Tin. ,CM7eo J-1 ;-ment2­1 L_Ut'­r Pre e,- .d , on2 !J-enseboatb7_A that 4 t'- 4 co 'n t ;n otler t-ere is 1 beacl, e-er TI-e -eo-:�Ie iry n hcl-e ac��e�7s to V e rct ere _';re _n 3 IT0(704 -n :1 P-e 77011 4. P,Ce Uha t, Sr te'-' at the d e -v e o, - s a e r ��!z P, m� I can ol. '�nd the%,, are imere S`I.e­" ir lhmTin,�7- m beacb Vne-­ a.C4 The ­_)s94_Y_e dock +I-_ acta-_77 under 'Ile - �7 LI I , --i Co n c e r 7, a4_1 4 -1 ^ii -ould ',a-. t,ere. Wie have checke,�R_ P around ---_ t'- the -,"Illn-eLn 1t terl o�ahIoc1ng remil-re- rientS 1 an- a ` Vle�e nov­-tere leans ss t-an 'hose Tn other d t`lo-e restrf-c-ti-ns. ?nd equcl restrict]-o-s -1-�7 CC ­o,i desf-riloe 4-In! s common Chr; ­'�.as j SlnoreT,,-co-7, "M.-L-, ­ -Ies D­m'le-__ I. 1 4 Ire C,4n il - Ij J '­s "hat bee- v--ter-lined? ocl-, L; 1_7,� in tle t'at '-as been lef".1 blank. T -pr_e9­L-_- :fr .11 b-nats t--- docl, - ',asnft been, d.--)n t Un.f2.', be -1 d e t, e --; 2 j � I In T 4 4 e - �­ __ I _L - I- ..ndeer` 4---" -�`­r- -1, b-- , _- 4 loos 1"he co�­�!nnz��-P n-Tten rq(­Z�r7­t7�"he lrT, e wj -' V)e se vem: j 'C' b �.e �_­_Ie -ire e n1 be 'nap -�v 4,0 et ol C s arcl_nry C ne on s-MaS Lake. If 1--ve co --. L.e 0­1 D t ou not s o 1,; b-.at- T-ot s 1 2 0" and ?, one or all are o­ U s d, has hr- of beach? r 1 u - 'T :—, F, `�',Tdt-h - `11.V-le- ' ; `r rd, o her. zr l C_ JQ rtC; X'1 1c7r5 n- -.• ": e:'.-t-t- - i I r.'-OM _._. sJ a"_`. ._ .._ .��? _ i __ [,r'.,'1, _.' :? ..'.v'n t'!ii' c - 1..� 4- t ,tt _ 7 -1E- i Clc :� ll ?;' r.`.'.r .. . rl qt. ). s, ',u "L t.__n reven- i.z e� ned T r:tOU- �O 2T0 r.. ._. rer a a''i_ „'1^.of '%. ~-^..�. c; .,i .� T,;1 e. j .��- n � i.>_ In tha ^"'?^E. n" t.: G .. _£' .. cg<, i . �� O: 3r1�. "r. 2 t,� t, _! ;"lOre c3 •i Ir r e`t ?'toy. °t'. a `pn _ t� tT�` been facing n? _ -T,(.�^ o_ �Zf' -� �, S CCi:yrAi^ r -:"1� P :i til t" l 1,1 t. Zar7 T .5p,1 ar^'r[1 ;� '_.., �- vt- _ for t_:_� e sari_ nal I v. T t'.n,_„t, "h t 1 e have d- �^e �a e-;ce l g:_.. `_ i `r _ ' �ec1p� e that l ,ro on tl at f c.? .T T�_:P_ -T­ s r?e4 P -ener al consei7.^'.,IS L c �.,.:^_c associa tion. T,ion. !'?'"'i-. cs,l -i ��n-�i I-!- _-?c�n1i -�•'.n r, --,� �a^ .+�nz ' n T ry •�7 it'tC +gel- ' irc� •t' but S a_ ne- �'` bor l_ . . ._"� �%'azi_ , SSen reL csert, 1_ t'.r1C?1.1Mrlt T ?., r'llrl t127{8 Jam' 'J n,1 ^ , ,� 1` 1. }. :?]-„ !_l ve Q^ - _r� s "? _ .__ _P. a.a_, e �:__U ever?%C?ln }1F�re ECG to t P, U~ aj ?� Z,^ l,?, riJ CAP 'v':..'i �-j „t:.-._ ,.i. ke ' -o -�•eak for Ti' e . ? :''_t ,�- Ilon(t �da.. �S', Va?l •ri _ ,o.-.il. `_.�.��_ }'' l ..�- 1 7.tt o_ �t gat lac:{ cf cqn-cer~. are or tea- l C'=ce -:r io e the vTa`_er^ as '. i- r- a I' _.0 e^. . �'?� �E?-i to be or?e of those ' eo :l e an r,_er, r�.oncer car: -� - - Co,. _ -.. c .'.i.;)out T_•ne �_i•' `f tl n t� T think r�.1^�e �n�c _ b•�__ on the ,-ye s concerr .e f c n t ,` TC?.= 1`.? Vo r ve a bi-- � r -)act 'off? t C? ? ,uni l J.tyr .c_.�'' Vr d.':Ce, 1�'. 1 l_'F, _.S CP eel o`.ncnrp to ip, and 1)ny c t. 2?T i , s C."'n.sj rle-..eC3. l7?% the -- -a i-.a�r T SAC'C tC ;,`t `?'C, ir'.7. -"^tom �r9 1,.,-1q._. T th'.I?t' ,.t,r C•oncerr± l.S �.TA'tl -t ;t'ratl T r, t'e r e s ri?n- t mes ::re .1'exr-e hav-_n7, .tn^ � �'" - ?;T_y th ;a d- "r,a v.oit{.. _ti.'a ui pn T.?]-�� L'- -!'t - ' - - _ - ended' ria? a l a,.I coi rt., One of ne t` I nIgs -1'laaU 'IaZ.'ee tried fi_^ 'F)-0 : u _ "1?r T,e^ ?re ;;as VY".:'-l7'lc; To c e_f; P - re boat-. off %h. 4 St'.T5 Lake and tall s'-o-,''.,in -i.nt,3 t �e '.7-nd the-ne is 4,.us dl no r.yr t,"; at 1­o;o) � „-_.th smn-1_1 Cn; l r+= er. that are learn-inn. how -F:. JP7 �Ne ae� "=" to _?'ii l-,io,,,er c t.c off that lake. j_i T.,;E,- co'.?l {� rat a ctro PC1Ct' fir' :i TJC ct,art G ?l.}r .nE ab ut t.c• i n- t-.-oy oi'{' ti- t, late T P c tl-r r .11ir?cr o r .Te al-11s s e nc. l `'Ke T` er h-,_, r__re�c.,...: --- --- to - - _. t' -�. ,::.c . s �- 7z ._:.._, b'�t c._ t;�41-,l,.r L>o:�•�o.-]d out every:' t1.-me _L tr_.e,41 it. v a:rn _ a l t.`,,- ? �l or�c 1 T.: ?`l like t _; n c ! o_._ o_ e : _ _o_ _ -o_ _ do ._r , the �eo,p_e from T IrE?i"?A rt2.q7t1 t'^^t. T.,e dil .h1S IS ?3rtl'r 2^oT2 l7i C. The ,)ro_oeri:,- .-a., '„µr--- se or J195,000. 3zr the 14 me n-e _-)a-a fo- the land, the deli el o D' ent costs, I--tore-st costs, raal gSt:`ltp Co'71m ss- C_l.s, Ttre are over "!?:.) -IY)n 'iha.t i s the value of , l ;l 3C'that, i . , _. _ _ y�__e�e � o_ rt«. dO25 nog have asses, to ,hri st--as Lake? i of verb: -mic'_n. T-� e do :hat we are tr'. inr -' to do, ue l l C ^ 1P, out of tti at'l'^Qy`ra?^ '- b"P3 C1?l� Btr?i2. TtT1 t�Zerat e.c^e7s, the lots Pren't ::.or. n vez� much. i a 1� i s the Thole ,1 _ eca_ _or�i c Picture. .>n_�.l be on T,o u 3. !. ?tiTe.nted to rest ri Ct florSepo?:?er, but _ moat? .?CT-,' nrp `rO'tl o--r'T to C�n ti':.3-l., to 5 r,, Cr � ;ierjoan.,zar "air n G�;:�ll You can't :a4 -it.! f T CJlI' Q T i^TOU �d. _ :. i C�J 2J-1.a i.a mmmathv 571 tT Ti;n, Tpi?ri? T.*1at --y7 ,,ant t0 (?O. Fr-.t S •Ienso'-! - T _ice t'7?t bact. - r . :; -v-e-lber the on ,- n,"l an,lica-t f'_r t'2i_„ propert-,r Zyag r?ntu_rian. i'__". ,,'UU )Urcliase it from then? Bron-k • `n.rd - '!o. ': `e had an offer _n w.a_t_•'1 -, r^ 3artl etu, and ::?ie 1 Dick L O�� •.i_ )n r r. ortt, rs. 3?.rt!ett re_f'•7se-d to extend it.,, oar o7l`�--r? tool{ . ']rece_!ence. q:-'sn. I -?7m! T f' _3 3') nb sc).L' t,: + 7- In, , Ji­ 4_ ocorde:- by 1-' Iter Thompson, a SCl2SS 4 of the �-re%-_Lm,-Ls -,tall ',)ear-!_.­E- 'hen -an Roo-, s-'ated that T he firs -� i s tl:ie c ove? -9 n' s -15.', e. !D.re e Ej 4 F t-�� be addrecserl. SU one of the critical E"D 5) 1, -Ic t'.,e VI- i..Te hav-e to '0- C t-p ou'lot., and I th I rrrlrieaS 4. �, fC)-, T,,+ Lj - t T,(,. t 3 2 6 and 7. Do-7e- C,F -•-- - — L., ��,)in�- do.�-n +-ere �_�Ion- I IT-,--I be doclv-ac-e tP-i-led -lo Freelm-4— - T onc-, r - tn:- t t �e 7. t e, 1, o1uls y that ny Yl?clor­iroeor onatrebut not 4'1nr t sf. , b0- 4vial--r rqoefl.-r lt t q �_ir C, be ,-h -+ s 'o­ Omckin_-eenPorced itt.s. in the -re. -�.7�en ..Te s, eqk of en-,o-ce-me-nt lzr�­n --nf e-, t e J V la it actl_on ne!.r`bor or a member of tl-ir� no v4olates 'hem. + -)ven�l-`. Pcn_ sn eone 'Part-:,- f--o", unrler-* re-,-4.ef" f:f'e -­. 5_1'.�:!I., -n ti-i I-) a 4.7 o do s me act 4-0 %­-n t-- ntenac ne .,n,2..ch is -m- co ­ant.., 9n1 th, sort of tI,1J_­. T f yn-11. ere Concerned about that xmmon area., in r ou.- 7minlp- o f^ e 7---' .3ection --ha n_)_­_meJH cated -omrv-ln 4 _e to go Lr) and if the o-.,.;ner 011 -at-I 't.Ina' to 3-a-in-16ain it i,,Te have Ve ri-Zht to go in re-�ab son_le re.­f� -zi-s " ma-'np..-n .�_ePe as a-..T be neces..,_ 'n n na­,Irst t ose peo-.,le ',inner -It b-- T ease-en-�,-,. i,;e a--e 1--otected there. -v,-iti-i Vie r'­-c­-nts Till ­`md. th ';`^eso --ere (1--n-Pt an the-,- -r .1 4-1 .7 A T tj 11 nuch 'Ll­_ 9"=. T-1- one nr t-I 4- T cban.-Zes ._.; "Al-ce to _oaEh t,!,C.Ujjj en an+ -m,- -.-,e mentic-I -:'5hat -,ay I)e )nn of them 4-Is these col, -.s req, f c7 C, , an 7-­rfnl�e. "eca,,a7e of the natur�� o r und att.ach L t lrolrision re �. I, L e`7 -1 1 be a -m-!ge re,ulre . n- , 'ju, t -`...Thethler or o nt M, n be c'- a-, T hre 4 -L �) '. � �) " •jatftaC!-Ie-,!_ Plr be chan-ed 1-n- Vne,_-ze c�­c­ant.q. Thatts the poij i,.,n '?o-- th!-n ',)--,ve to address '-0Irnge. T l-oly C. ­ S -k It1le dbckage• i d.Dnl-� T.!''.-Ink those in attendance V, i f.7 are relnIl- concerned about tl-.e se of tl-e '_­t. for S.—Imir If -P 9 inn t -I- -, Tant r. c, n that 5: re n and i - t,e U m_ -, __ - ­_.___ �, .. ll , ip.i' in the -1 1- t t s t r%e'h;ebe _enoth o.-F' the dock and Of the -)o!zsibl.e CC�­4,_ -T'f th the oer three -1-ots T th.4nlc --.Toulil U Ll be vej­i� rpan-I g s Y 7 ou a- lookir- al[ -four I Pm comfort-ble with bec�7,usze 'hat 4-s vpy-Nr us��b'!__e T grq 1 3 S rle enou��11. de-'31 at ­7 .-'1 -�' be ad ninte t a lio-k th ..0 to acc=iorlate F 1. -r 1 f b o a t'. The asso i ti O_- A_ts2,_f 13 tC sone-.-i-ft trjr to t.'le 34-1 of the T SI - -pa into L U. '. e l J�,T� J 7 ,alI-c', e 4- e .-n n 7 s inc-1.1ide,' ; r con- 1 7 b e:'4- e,'- a t 1_,­_rimer dr)cl, frac-l-l-,t7:r --Tou'. d possibly 4 -ral slhorell - 9 P,'O i 4L -t --reserve the mEl ne + -d -e"'Tice t'-e numne- of L-os,7s_* b'!-e na-N,,-- gat} onal -D 21 Z ro-ir rho "4 U . - I i f boulgh' tlic;' r1_1cll T -v;-6l_Jd r.Tant to have t , f --ro,)erty to Fret 1 4, D'- _li 7 -antl -q,.0 --I -n fro-,, o -rour to the T c o-an see, would be "he -"-- c e, ou coul_-q. a co7mon 10 c:� as e. 4 0 s be' •er in-LON --I o- -l'i s ---2 t, 0.` m than x- t-e --oca associ 1 51 O'l-I -en- s­,� b-ack +'he .-_S^.nni a=i oni tl-n­, to cor�e ll') T, Uhau Take? T -n- T.--i t! V­ oti-er 1 tems on tlil s d4 SCE s, s, oln anml --en -.-,j -Cl" to Vie s'aff. I _mrt f-ti -"-e 4:11-S-e-l-f em-1 the -len5--t'- of t'_-3 doc'k. 3�.en�;cn - in. ­olll on the ease7,ent, Ittl C n -7-,­ 1101, 'cy non-e.xnu1s4-,,-e. e a nn a- easen_en-� no one else Can use it. Shl- A a!"' use the s��me _Py :D it, 7_e�� s all `lle- can i-�se orle . b '37a �ent -m-ni �cr t'.- -C, elase T e _.-Ot e ren to n _n b Ur 3 e of nreas that J.- nn .9 T can -io i bi j see a co% I -iot c,--F' b-olatti-g, one 0 o c k oil, and 7 u 41S, ,7; U -1-lqnt ara-. '.,o k, s a uni�7;ue lr_�+, i.n T, E- S se-P-rr3 accesc b7,�t.- o tl-ie r3acl t� th e lra V- the . 7 ­e outI 3 , -O,,, over t. C -D I e a r:n a 2 In 1 .1 1 . 4 s S-'le 1. 0 _— th-_ U e IT ere -_el-e to -mt +,hn- :ac�!nss. To kee- th-_ wnt er c.1-ean., een, _5013 )A anO N.-e ;,�fq.Ve �.r_Aul=l )ond cl cro­e3 ir-) e tT-7 3. arP a-,.-n- Cill. de sic !.,;hlch be coning 7 0+ '_,! )1. 7­ a­_L-iol,,n' of -w�ate_- and Vni t,�rpe of a p r stirface n- ­ n-t lO`_+._fl.b7e, a r �. tl..-_le f aC^BS You vmuld almost ,ave 'o b-14',l 2 r a on V-at z)re ar To�, 3 and )l _r t x_ n ',le clal de Sac", 10 -irface- J_­ 1--l—s of concrete or :��, !�- -1 T _ 1 4- rK rl T P -1 en-th rest-l- on 'lve-on.d P. 3 ft. t and let C4 -ye • !n Cz j,!n r's v;'41-1 -;­.ml.ate tsel-mof -ald b on the 'o. an Roos, t_�_ "'-"F e- V­. strilcture wo e co-st- .L ne staff reco endmt-!.nn on cm o,-m-linance. ill 9, T as 1 on gr 0 L, �i3 the acces,, T` e-.-- -Road for him. -e, u J4- '4 "-ere s- not an access? T.a-rson nefo-e, n-)d I P-' that. ma,) and T donit J. U I iat 500 f Fee 1.c- ti-a. cicce-ss o-- U V Ci fl. Act 4 and Tree on the e, T- can ------e -:-T!'-th that. O d!---:n. to "'-le J' en e,-se -t. t I, that f - 7-an-'? is T o .-- m th4 .7 h ---j-' a e e n u, rry -�)b a-LID-e-1- A M- a t y er comn-nnts ^ndl. re-st-1-ict-Jons, em Ise -1 �- 4- e exce-li- TTq,� --Pp - - 1 -'- V-, J-1- a U ..on no'5 a' 7-7p I- 01=-Pt a CondItion-1 TT 4-1, cc-enants rest-4-�!r'-- wo - A e:,'- t e- ch -!)er-etu,2tes t- t.1,q3 T,rlrSf)r r si.1c"', a of 2 rpn ona Unde. .e --reati- area on -1 r1 11 Se -ks and --retread 'anal areas --F. Oral al rn- t--ssoci ations ei or'-nosFoclalne "Illtlo. wMd h= =e -'G e -1, 7.-it',) sucl-;_ 11-L-2--tely Ps are de u t'-te 'o-i'noil int�_-� -a Gro--cliti - �7� Use -�3- - - r--.. -11 at xt T' -3 er b --t (b 4 Viere i-s bec.nuse T had n--, irlea w�hat the�- I-Te-re k Yro z-2'n 1 -3 :ip--, -.i rlef-i un iblaks., th' sometn!=rdefin-i to in.11-1here. of Vn 1- C4 j I'le dco'al-n e c4tl.-. 10 7- ca u Jn't. -ezi slate That r e!_ - -0- hour,ir - Q t: -1 e Pe-mi on Freob,urf, -'Iien s�lctl.on '-s ev-sn -i-ter the Use t. Clark --T,o-;:i n-t-oved to -ncnr�nd a *Con, iti:)-l-,al Use be aI`Tressed to Council wit-h -.e- thL Ao-e f -9namnncornt Lon arn p ereCC-eS,t be C-1,n-n L P4the o-'T-ne-zVie e.n7aT-t hill F co= --an. 1 t. 1=74--- '.,i n 3 -ft draft, an,.' ','?at -1 tke remi1t. n Se ct- .-na, tc.here tbe no-s'r--ci' te7r1-r 4soa- on Vne ea-e-ie 7-mo'I-- 1mces"nron -t3 tn ,f -1,,?l refi staff attornc-- T o c-o-Tenn.nt3 in 45--r-ri-s -ne. ien -O:lu secon-3ed -.waltler an un-:7-7mousl-11 a -)'-.roved. CIT'T OF CHANHASSEN 7610 LAREDO DRIVESP 0 BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 23, 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Smith's Acres Subdivision, Public Hearing APPLICANT: Korsunsky, Krank, Erickson Architects, Inc. PLANNING CASE: P-595 Attached hereto are the comments of the Minnehaha Creek Waterhshed District regarding the subject proposal, and a proposed covenance and restrictions for Christmas Acres which the planning commission required before the public hearing. As stated in the proposed covenance and restrictions, the membership to the common area easement is limited to the owners of Lots 1, 2, 6, & 7. I find that the physical provisions of the outlot are adequate taking into accound the comments for the planning commission on February 28, 1979, that a 15 foot access to the lake is proposed, however I believe that some discussion is in order as to the waterfront restrictions for Lots 3, 4, & 5. This office still has strong reservations with regard to permanent emergency access to Lot 5. At this time, I believe that the proposed 300 foot driveway does not guarantee effective emergency access at all times. 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NOW THEREFORE, William Bracken Ward and Patricia C. Ward, husband and wife, and Frank Beddor, Jr. and Marilyn Anne Beddor, husband and wife, Declarants, hereby declare that the land described in Exhibit A hereto shall be held, sold, conveyed and developed in accord 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 _.cam f r'^ APR 1979 RECEVED VILLAGE = C2 CHANHASM% MINN. 9) 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 the real property described as .......... of the property and which shall be for the common use and enjoyment of the owners of Lots 1, 2, 6 and 7 of said CHRISTMAS ACRES. (c) "Living Unit" shall mean and refer to any portion of a residence building situated upon the Property designed and intended for use and occupancy as a residence by a single family. (d) "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of the Property with the exception of the Common Area and public roadways. (e) "Site" shall mean and refer to a single platted lot conveyed to any grantee. (f) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, Site or Living Unit 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. (g) "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 an attached garage for not more than three cars. (No garages shall be erected on any Site except attached garages, Each dwelling erected shall have an attached 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 smaller 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 shall comply with the zoning and other applicable regulations as set forth by the City of Chanhassen. Said regulations shall govern if inconsistent herewith to the extent actually inconsistent. If not inconsistent herewith, the standards herein contained shall be considered as requirements 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. (f). No birds, animals or insects shall be kept on any Site except dogs, cat 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 plat of CHRISTMAS ACRES. SECTION 3. SITE MAINTENANCE: (a) Outside storage of any items shall not be allowed unless screened from view by enclosures so as to 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. SECTION 4. COMMON AREA: (a) The common area easement for the use and benefit of Lots 1, 2, 6 and 7 shall be a non-exclusive easement, for use by the Owners of said lots 1, 2, 6 and 7, for access to Christmas Lake, in accordance with the provisions of this Section. (b) Only the Owners referred to in this Section, or their guests and tenants shall use said common area. (c) No part of the common area shall be used as a beach. (d) Each Owner entitled to use said common area shall be allowed to keep one, and one only, watercraft required to be licensed by the State of Minnesota at the shoreline or at a dock constructed into Christmas Lake from said common area. (e) A small gazebo may be constructed on said common area for the storage of oars, lifejackets, fishing gear, and other items used or useful in the operation of watercraft; provided, however, said gazebo shall be constructed and paid for solely by the Owners of Lots 1, 2, 6 and 7 and the design and location thereof shall have been first approved by all the owners of each lot in CHRISTMAS ACRES. (f) The owners entitle to use said common area shall maintain the same and any improvement thereon at their sole cost and expense. (g) One dock, not to exceed feet in width and feet in length, may be constructed from the said common area into Christmas Lake. (h) The Owner of Lot 3 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 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 the common area. Any such sums so expended shall be repaid to said Owner of Lot 3 within 60 days after the Owners entitled to use said common area have received written notice from the owner of Lot 3 of their one- fourth 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. (i) 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 any Owner, their successors and assigns, for the maximum period allowed by law and shall be enforceable by any Owner, their successors and assigns, by (i) injuctive relief, prohibitive or mandatory, to prevent the breach of or to enforce the performance or observance of these standards, or by (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, their successors or assigns, to enforce any provisions of the standards contained herein upon the violation thereof shall in no event be deemed to be a waiver of the rights to do so as to any subsequent violation. (c) Invalidation of any of the provisions of these covenants and standards, 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 a standard or enjoining the violation of a standard against a Site Owner may be awarded a reasonable attorneys' fee 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 standards 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 standards as fully as any other Owner of any Site subject hereto. SECTION 6. GENERAL: (a) No building 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 erected on any lot unless the same shall contain square feet of finished living space (not including basements, but including walkout lower level structures). (c) No single family residence or garage shall be constructed on any lot unless a certificate, executed by a licensed architect or engineer, shall be submitted to the City of Chanhassen stating the soil for any foundation for such structure can support the same. IN TESTIMONY WHEREOF, the said William Bracken Ward and Patricia C. Ward, husband and wife, and Frank Beddor, Jr., and Marilyn Anne Beddor, husband and wife, have hereto set their hands and seals this day of , 1979. William Bracken Ward Patricia C. Ward Frank Beddor, Jr. Marilyn Anne Beddor (Acknowledgements) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth , being first duly sworn, on oath deposes and says that he is and was on April 13, r lg 79 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Merrill Bartlett dev. plan, subdivision and CUP proposal in the City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such, owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Don Ashworth, City Manager Subscribed and sworn to before me this day of - `- ��tl�,iJ Notary Public 9"t 'tt "3o0 sajidx3 uoissiwwoo An AlNnOC H3AHbC _ ViOS3NNIN - o an-j AHv .. + 1aHVHT'-', :-'f N3k1VN CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR DEVELOPMENT PLAN REVIEW, SUBDIVISION, AND CONDITIONAL USE PERMIT FOR CHRISTMAS ACRES CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet at 7:45 p.m. on Wednesday the 25th day of April, 1979, at the City Hall, 7610 Laredo Drive, for the purpose of holding a public hearing to consider the development plan, subdivision, and conditional use permit on the following described tract of land. Commencing at a point on the fVlest line of the NEQ of Section 2-116-23, 1400 ft. N. of SW corner of said Quarter Section; thence P{orth 88* 43' E. 417- 5/10 ft. to pl. of beg: of land to 5e described; th. f1. 40* 10' E. 365 ft; th. N. 56* 50' E. 550 ft to shore of "Lake Christmas" (so-called); th. SEly. along the shore of said lake 400 ft; th. S. 21* 49' W. 344- 8/10 ft; th. S. 28* 09 W. 367-7/10 ft. to center of highway known as the "Eden Prairie Road:; th. 1`41Wly. corner of land sold by Tobias Kolsta and Anna Kol sta, his wife, to Julius August Olson and 1-9ary Olson, his wife, by deed rec. Book "1 " Deeds page 277 and 278; thence N. 55* 30' W. along said road 311 - 5/1.0 ft. to pl. of beg. Cont. 11-2/10 acres more or less. A plan showing said development, subdivision and conditional use permit, is available for inspection at City Hall. All interested persons may appear and be heard at said time and place. Dated:: April 10, 1979 BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Asst. Manager Planner (Publish in the Carver County Herald on April 11, 1979). �� � Laws c11.:G (X i�.G1.111CC11 � • r%',�?1?.�:C!✓27` }; Kerber 6420 Powers Bl.� ff Shorewood, M. Dennis.-M. & G. Mathisen Miles W.& Maxine Lord 850 Pleasant View Rd. f Rt. 7 Box 960 Excelsior, TIN. 55331 Excelsior, ,IV. 55331 ; s Village of Chanhassen Dan & G. - Gchimmelpfennig Chanhassen, 809 Pleasant View Road ;• _•' MN 55317 Excelsior, MN 55331 Frank Jr. & M. Beddor 910 Pleasant View Rd. Excelsior, MN 55331 Wm. D.& B.J. Gullickson 830 Pleasant View Rd. Excelsior,. MN 55331` I" A Joseph & Luvan Troendle ` Pit - 7 Box 836 a Excelsior, MN 55331 I o Arthur & R. Owens Rt . f7 Box 835•` *e- Excelsior, MN 55331 . Paul E . Barnett,, , 1140 Pleasant View Rd. Excelsior, MN 55331. E F Marlow & K. Peterson : 1180-Pleasant View Rd. t •.y •� F n Excelsior, MN 55331- Robert M.&L. Bowen 520 Roanoke Bldg. ; Minneapolis, MN - a _ �a jq A � - i = 0 D � z D z X D rn m O Z � Z < z r" rn • 00 D Ln O Ln X w moIn 7 `.j 0) 1-0 ft tt 0 rommn 0o� rn(D r• o t-h En Boa m sr ft m n � a Pt tj m LQ 0 �1 0m(t� \V ul a J CC73k a o mum —n x• V � r x i - - �-. Y. _. <. 1' - 'l 3 T.,,! `al(1 ,. `'S'i'a:..r-4- LYSf11l .J�j47'fr. yi: � Y �L Yii [•). ,7�� + �(:.M f7Yrl��� „,TS_f(i _f� �� :...a t ; �ti`t.�' * �,i 1 •t.- C. - P i �S _ Y '.;+SCE` f .Y`.1' _.."7G F"M� '....... .. �. _ ,1TJ r • + t 1. L -. M1�" - . { i T ro �•.. `1".1� �'^F�'''C'.,L�� .b�v'h �i 7e^ e1 � r �+-4 •=(L �" ,y. .. � .: at . - '� r.Ji r.-a`'. s"`1c..'�-�J'-�`.��r'S: +?�` � '�'.;:r:i..� r.�S►- 'C'"r ► `^� f " "�--�" •' _, .. � -- "... ., v� . :. :�.' Y _ .. _ `5 KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. March 21, 1979 Mr. Bob Waibel City Planner's Office 7610 Laredo Drive P.O. Box 147 Chanhassen, Minnesota 55317 Re: Christmas Acres Comm. No. 78-90 Dear Mr. Waibel: Qr ARCHITECTS / PLANNERS / INTERIOR DESIGN In accordance with our telephone conversation, we would like to proceed with the public hearing for Christmas Acres. As I informed you, we did receive a grading and drainage permit from the Minnehaha Creek Watershed District. A copy of their letter is attached. have also advised Mr. Brack Ward to submit to your office, by March 23, an abstract of property owners within 350 feet of the property and also a draft of the proposed covenants and restrictions. As I understand the schedule, this information will be published on March 28th and the Public Hearing will be on April llth. Please advise if this is incorrect, or if additional information is required. Sincerely, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Daryl . Fortier Attachment cc: Mr. Brack Ward Mr. Julius Smith 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 AHq co �9SNED p�S� MIIVIVEHAHA CREEK LAKI WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 MiKNESOTA RIVLR BOARD OF MANAGERS: David H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman . James S. Russell • Jean Williams March 19, 1979 Mr. Daryl Fortier Korunsky, Krank, Erickson Associates, Inc. 555 Shelard Tower 600 South County Road 18 Minneapolis, Minnesota 55426 Re: Permit Application No. 79-16 Location: Pleasant View Road and County Road 17, Southwest Shore of Christmas Lake - Chanhassen Purpose: Grading/Drainage Plan for Seven Lot Subdivision Dear Mr. Fortier: At its meeting on March 15, 1979 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It approved the permit as requested with the following conditions: 1. All work shall be done in a manner to prevent erosion and siltation both during and after construction in accordance with the Minnehaha Creek Watershed District Guidelines, a copy of which is enclosed. 2. All work shall conform to the requirements of the City of Chanhassen. 3. Designated storm water ponding areas shall be permanently dedicated for that purpose and legally protected to prevent possible future revision. Permits are valid for one year. -LCEI VED MAR 2 j_ 1979 &URSUNSKY • KRANt ARCHITECTS, INC Mr. Daryl Fortier March 19, 1979 Page Two Please contact us at 473-4224 when the project is about to commence so an inspector may view the work in progress. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District 1z•"',• Eugene A. Hickok,. P.E. EAH/cml Enclosure cc: D. Cochran - MCWD G. Macomber - MCWD B. Pankonin - Chanhassen l� Planning Commission :eting February 28, 1979 -2 - A discussion was held on extending the street through to the Carver Beach neighborhood. CHRISTMAS ACRES: The applicant is requesting to subdivide approximately eleven acres on the southwest shore of Christmas Lake into seven single family lots. The property has been assessed for public improvements in the amount of $18,942 and $35,484.09 including interest has been deferred. Even though the property is under subdivided, the special assessment obligation is still intact. The Assistant City Manager/ Planner recommended that the Planning Commission order a public hearing for the subdivision and conditional use permit conditioned upon the applicant submitting plans for the neighborhood open space and facilities proposed, copies of homeowners organization by laws covenants and restrictions and reports from the Minnehaha Creek Watershed District. A 15 foot access.to the lake is proposed, with a dock for boats. No swimming beach will be provided.. Horsepower on the boats will be limited.. Mal MacAlpine moved to hold a public hearing of the proposed Christmas Acres subdivision. Time and date to be set by the Assistant City Manager/Planner. Motion seconded by Walter Thompson and unanimously approved. SUBDIVISION REQUEST - KEN WALDRIP: Mr. Waldrip is proposing to suTdzvide o the existing house located at 6431 Galpin Blvd. from a larger parcel. The property is presented zoned P-1. Mr. Waldrip proposed 34 townhouse units, a 28 unit condominium building and a 24 unit condominium building on the remainder of the property but does not wish to pursue this proposal at this time. Planning Commission members felt that Mr. Waldrip has fulfilled the requirements of the ordinance by'showing what he has planned for the remainder of the property. Mal MacAlpine moved to hold a public hearing to consider the subdivision, Planning Case P-613, as outlined in the Ken Waldrip proposal dated February 12, 1979, Lot 1,.Block 2, and Outlot A, on March 28, 1979. Motion seconded by Jerry Neher and unanimously approved. CHAPARRAL OUTLOTS B AND C, NEW HORIZON HOMES - STREET WIDTH: The Assistant City Manager/Planner discussed the request of New Horizon Hones to reduce the width of the streets. He had called several cities which have similar developments with four unit townhomes and received the following information: City of Bloomington - 36 foot roadway face to face with no parking restrictions. City of Burnsville - 31 foot roadway augmented by a no overnight parking regulation. City of Woodbury - 24 foot roadway curb.to curb with no parking regulations. The Planning Commission took action on this issue at their last meeting. DEVELOPMENT CONTRACT.AMENDMENT REQUEST - HANSEN AND KLINGELHUTZ: Hansen and Klingelhutz are requesting an amendment to Section 5_of their development contract which presently states no motor vehicle larger than 7,000 lbs. be permitted to be parked at the site between the hours of 2:00 a.m. and 6:00 a.m. on any day. The Assistant City CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: February 12, 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Proposed Preliminary Development Plan, Christmas Acres APPLICANT: Korsunsky,Krank & Erickson Architects, Inc. PLANNING CASE: P-595 Petition The applicant is requesting to subdivide approximately 11 acres on the southwest shores of Christmas Lake into 7 single-family residential building sites. Comments In November of 1978, a plan showing the subdivision of the subject property into 21 lots, was brought before the Planning Commission for their review. The present plans have altered the issues as follows: The previous inordinatly long cul-de-sac has been reduced to conform with ordinance standards. The shortening of this cul-de-sac, has left lot 5 with anins.ufficient frontage on a public street. Lot 5 is indicated to have 60 feet of frontage whereas ordinance 47 requires 90 feet of frontage. Even if the inadequate frontage problem could be resolved, I believe that the spirit and intent of the ordinance provision is that the residential structure have adequate access in its vicinity for emergency vehicles. In the standard residential subdivision, the residents will be located approximately 30 feet from the public street right of way, wherein the structure for lot 5 is proposed to be approximately 300 feet from the public street right of way. It is easy to see the disparity on the ability of emergency vehicles to render service when the structure is only 30 feet from the vehicle as opposed to 300. Before the next review of this development proposal, staff should make recommendation on a method to alleviate this problem. The subject property has been assessed for public improvements as per the Carver Beach public improvement project and the north service area public improvement project. A total of $18,942 have been assessed and $35,484.09 including interest has been deferred. The city engineer will Planning Commission -2- February 12, 1979 give a detailed breakdown of the assessments at the February 14, 1979, Planning Commission meeting. The applicant should be advised that even if the property is under subdivided, the special assessment obligation is still intact. As indicated on the plans, the property has a very extreme relief condition. Attached to your report are architectural concepts submitted by Darryl Fortier, which exemplify some design precautions which may be utilized on lots 1 through 5 of the proposed development. One of the conditions of this plan should be that when building permits are applied for in the vicinity of lots 1 through 5, the building plans should have signed approval from an architect or civil engineer registered in the State of Minnesota so as to insure for soil and slope stabilization and maintenance. The applicant should bring input from the Minnehaha Creek Watershed District before further review of the proposal. Along the western side of lot 3, is shown a walkway for residents of Christmas Acres to use for access to what appears to be finger dock on Christmas Lake. The applicant should be advised that the city encourages the use of neighborhood beach facilities, however, before one can be established the applicant's must provide staff with information such as covenants and restrictions, that will be used to outline the management of the facility. The applicant is hence advised to submit plans that would indicate the area for neighborhood open space and facilities proposed, and also copies of homeowners organization bylaws covenants and restrictions that might be used to govern said beach lot. Recommendation I recommend that the planning commission order a public hearing for the subdivision, and conditional use permit for Christmas Acres, conditioned upon the applicants timely submission of the aforementioned materials regarding the beach lot, and reports from the Minneh•aha Creek Watershed District. KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. January 29, 1979 City Planner City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Christmas Acres - A Subdivision Comm. No. 78-90 Gentlemen: ARCHITECTS / PLANNERS / INTERIOR DESIGN Concern has been expressed regarding the construction difficulties which may be encountered on the individual lots of this proposed subdivision. We have specifically designed this subdivision to ease the difficulties often presented by sloping sites. It is our opinion that each lot is desirable and buildable. On the sketch plan we have shown houses on .each lot. The location of each house is an indication of where we believe houses should be located to take advantage of topography and views, as well as ease construction. To indi- cate further the nature of the site, we have prepared sketches of sections through these houses. These sketches depict slope and setback relative to the scale of a house. As can be noted, conventional construction can be em- ployed even on a steep slope, such as lot number 4 presents. As these lots are quite large, other building locations are available and may indeed be chosen by the individual owners. Similarly, the individual owner may wish to employ varying construction technologies. We believe these lots allow for such choices. Sincerely, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. v Daryl P. Fortier DPF/bq Enclosures 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 r m ........... - --- ----- ----- LOT # 1 SLOPE 13% CHRISTMAS ACRE'SDATE SH aT c*mmNO KOHSUNSKY • KRANK ARCHITECTS. INC. - (612) 616431 OWSO.COUNTYRO.16 I MINNEAPOLM.MINN.66426 ' D"WNmy I LOT # 2 SLOPE 20% CHRISTMAS ACRES �T COMMNo KORSINVSKV • KRANK ARCHITECTS. INC. - (6121 -dJJ/1 OWSO.COUNTYRD.16 / IWIMNEA►M18.MIN,. 5642t w 0 am swum V 0 SLOPE 10% CHRISTMAS ACRES 1 DATE SHEET COMM NO ' KORSUNSKY • KRANK ARCHITECTS. INC. - (612) 5465381 DRAWN BY --] 600 SO. COUNTY RD. 18 I MINNEAPOLIS. MINN. 65426 • • i.y �" JILT lvi► ys��? CHRISTMAS-- ACRES KORS~Y . KNANK MICNITECTS. INC. - fit 2) 6404LUI r: GWSO.COUNTYND.ti / MINNEAPOLIS. MINN. 564M A LOT # 5 SLOPE 25% CHRISTMAS ACRES �T V WUM SKY • KRANK ARCHITECTS. INC. - Isla S""I swoo.COUNT'RO.ti 1 MINNEAPOLIS. MINN. Imm by WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN L. L RY LARHANSON �-�'!"'� _ _ ARY L. J. JACKSON SCHOELL & MAOSON. INC. WILLIAM J. BREZINSKY ENGINEERS AND SURVEYORS JACK E. GILL RODNEY B,GORDON THEODORE D. KEMNA JOHN W. EMOND (6121 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 KENNETH E. ADOLF WILLIAM R. ENGELHARDT OFFICES AT HURON, SOUTH DAKOTA AND DEN70N, TEXAS BRUCE C. SUNDING R. SCOTT HARRI February 12 DENNIS W. SAARI y , 1979 GERALD L.BACKMAN City of Chanhassen Attention: Don Ashworth, Administrator P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Dear Mr. Ashworth: Christmas Lake Woods, Special Assessments. The proposed development of the Merrill Bartlett property will result in levying deferred special assessments from both the North Service and Carver Beach areas as described herein. CALCULATION OF UNITS The special assessment unit charges were based on development of all the North Service Area in accordance with existing zoning (R-1 for this property). The ultimate trunk. units in R-1 areas were determined by multiplying the developable acreage by 2.5 units per acre, resulting in a total of twenty-three units against this property. (This allows approximately'14 percent of the developable acreage for street use.) One lateral unit was counted for each 15,000 square foot lot with 100 feet of frontage that could be developed abutting the improvement. Seven (7) lateral units were calculated along Pleasant View Road. NORTH SERVICE AREA (N.S.A.) In the North Area a maximum of one unit of each type was initially assessed each parcel. The remaining cal- culated units were deferred. A square foot charge of 12131� two cents per square foot in excess of 15,000 square fe within 100 feet of the improvement was used to partial FEs1s7s n i ifs RECEf%mb s VIU AGE On f ! MINN. .�� +C �i'-7n-1 Il CLl9V =:iCHOELL & MAOSON, INC. City of Chanhassen c/o Don Ashworth, Administrator February 12, 1979 Page 2 offset the deferred lateral units. The square foot charge on 15,000 square feet was to be credited back for each lateral unit added in the future. It was determined by the Council that while water installations benefitted the entire property, the sanitary sewer benefit was limited to one unit. The assessed and deferred North Service Area Assessments are listed in the attached Table. Note that interest in the amount of 7 percent per year, for each year since the original assessment, has been added to the deferred assess- ments. CARVER BEACH Sanitary sewer, not assessed in the North Service Area, was assessed on the Carver Beach project. Initial assess- ments were limited to five units, with the remainder de- ferred. Initial and deferred assessments are shown in the attached Table. As in the N.S.A. interest is added to the deferred assessments. The initial and deferred assessments on the property are $18,942.00 and $35,384.06, respectively. Very truly yours, Schoell & Madson, Inc. WJBrezinsky: srt� A�� cc: Mr. Russell Larson 6CHOELL & MAOSON, INC. SPECIAL ASSESSMENTS ON MERRILL BARTLETT PROP. (CARVER CO. 39D0) NORTH SERVICE AREA Assessed: 1 Lat. Water Unit @ $1,132.00 $ 1,132.00 Water: 107,250 S.F. @ .02/S.F. 2,145.00 Total $ 3,277.00 Deferred: 6 Lat. Water Units @ $1,132.00 6,792.00 1 Lat. Sewer Unit @ $2,537.00 2,537.00 23 Trunk Water @ $380.00 8,740.00 1 'Trunk Sewer @ $320.00 320.00 8,389.00 Credit $300 for each on Line Water Unit (Max. 7) 2,100.00 Total Additional Assessments $16,289.00 Add. Interest 42% (.7o for 6 years) 6,841.38 Total with Interest $23,130.38 CARVER BEACH Assessed: 5 Lat. Sewer Units @ $2,675.00 5 Trunk Sewer Units @ $458.00 Total Deferred: 1 Lat. Sewer Unit @ $2,675.00 16 Trunk Sewer Units @ $458.00 Total Additional Assessments Add. Interest 22.5% (7-1�°a for 3 years) Total with Interest $13,375.00 2,290.00 $15,665.00 $ 2,675.00 7,328.00 $10,003.00 2,250.68 $12,253.68 t SCHOELL & MAOSON.INC. SUMMARY Assessed: North Service Area Carver Beach Total Assessed Deferred: North Service Area Carver Beach Total Deferred Total (including Interest) $ 3,277.00 15,665.00 $18,942.00 $23,130.38 12,253.68 $35,384.06 $54,326.06 KORSUNSKY KRANK Eta ' KSON ARCHITECTS, INC 555 Shelard Tower 600 South County Road 18 MINNEAPOLIS. MINNESOTA 55426 Phone 546.5381 TO Chanhassen City Planner 7610 Laredo Drive Chanhassen, Minnesota 55317 GENTLEMEN: WE ARE SENDING YOU KI Attached ❑ Under separate cover via ma'U. ❑ Shop drawings ❑ Prints X1 Plans ❑ Samples ❑ Copy of letter ❑ Change order ❑ _the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION Subdivision plan ,24Z���1•?T�� C 1978 . 1 12/ 19/78 'Vil I �[CHAIyMASSE/Y (�'� �01 ;1 L 14 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 Ki For review and comment ❑ ❑ FOR BIDS DUE_ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS We are interested in securing council approval for the illustrated s ihrlivision aS a P_U_I)_ P1eaSe review the plan so we may discuss them soon COPY TO SIGNED: FORM 240-2 - Available from Ees Townsend, Man.01469 If enclosures are not as noted, kindly notify us at once. Daryl P . Fortier WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 City of Chanhassen c/o Mr. Don Ashworth P. 0. Box 147 Chanhassen, Minnesota.55317 Gentlemen: OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS November 15, 1978 Subject: Christmas Lake Wood Sketch Plan Review Our File No. 7120 We have reviewed the subject sketch plan dated October 5, 1978, as prepared by McCombs -Knutson Associates, Inc., and inspected the site. Our comments are as follows: 1. Sanitary sewer and watermain are available to the subject property as shown on the attached plan. Service could easily be extended to the proposed lots; 2. Soils on the property appear stable; 3. The topography of the site would preclude a street entrance at any other point than that shown. The cul-de-sac shown appears to be the best way to. serve this property for R-1 single family develop- ment. A variance to the cul-de-sac length require- ments would be needed; 4. It appears considerable site grading will be required. Precautions to prevent erosion during construction will be required. The developer should be required to provide existing topography and a grading plan with 2 foot contour intervals; SCHOELL & MAOSON, INC. City of Chanhassen c/o Mr. Don Ashworth November 15, 1978 Page Two 5. Runoff from the street and lots 7 through 11 should be directed to a pond located on lots 8 and 9. Lots 1 through 6 would drain direct- ly to the creek. Runoff from the remaining lots would flow to Pleasant View Road; 6. The plan should be submitted to Minnehaha Creek Watershed District for review. Further analysis will require the aforementioned grading plan, street grades and proposed utility location. At this point it appears that R-1 single-family development of this site in a manner similar to that shown would be feasible from an engineering point of view and could be done within the Subdivision Ordinance requirements. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:esg CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 6, 1978 TO: Planning Commission, Staff and Ray Belanger Burnet Realty, Excelsior Office, 28 Water Street, Exc., Mn. 55331 FROM: Ass't. City Planner, Bob Waibel SUBJ: Christmas Lake Wood, Sketch Plan Review APPLICANT: Centurion Company PLANNING CASE: P-595 Petition The applicant is requesting to subdivide approximately 11 acres on the southwest shores of Christmas Lake into 21 residential building sites. Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northeast quadrant of the intersection of Pleasant View Road and Powers Blvd. (Co. State Aid Highway #17) 2. Existing Zoning: The subject property presently is zoned R-1, single family residential, district. The properties across Powers Blvd. and Pleasant View Road from the subject property are zoned R-lA, agricultural residence district. 3. Utilities: Sanitary sewer and municipal water are presently available to the subject property. 4. Comprehensive Plan Proposals: a. Land Use - Pursuant to the adopted City Comprehensive Guide Plan, the subject property is to assume and maintain a low density single family residential identity. b. Transportation - Pursuant to the adopted City Transportation Plan, Powers Blvd. is to function as a major collector and Pleasant View Road is to function as a local street. The comprehensive guide plan indicates the western portion of the property to Christmas Lake to be a conservation drainage area. Planning Report -2--'ovember 6, 1978 Planner's Comments 1. Staff, has as of yet, not made an onsite review of the subject property. The City Engineer and myself will have a verbal report regarding preliminary topographical review information. Two items of concern will be litigating the inordinately long cul-de-sac and receiving watershed district preliminary review input concerning the storm water run-off situation. 2. The Planning Commission should restrict their comments at this time to the proposal's overall consistency with the City's adopted plans and ordinances. 3. The four lots abutting the lake are designed so as to meet the minimum threshold standards for properties within shoreland areas. Planner's Recommendation I recommend that the Planning Commission accept the plans for Christmas Lake Wood dated October 5, 1978, for sketch plan review purposes. The applicant should be advised, that before that any further Planning Commission review, the subject plans should be taken before the Minnehaha Creek Watershed District for their review and findings with said findings being furnished to city staff for subsequent planning review. It would also be advisable for the applicant to arrange for meetings with the city engineer and myself after Watershed District review and before preparing further development plans as prescribed by ordinance before the next Planning Commission review, in order to include appropriate staff concerns into the subsequent plans. CITY OF CHANHASSEN RESIDENTIAL SUBDIVISION DEVELOPMENT CONTRACT PLAT OF CHRISTMAS ACRES THIS AGREEMENT, made and entered i/toaos day of 1980 by and betwety of Chanhassen, a municipal corporation, hereinafter refes the City, and William Bracken Ward, Patricia C. Ward,ddor, Jr., and Marilyn Ann Beddor, hereinafter. referrehe Developer. WITNESSETH: WHEREAS, the Developers are e fee owners of certain lands as described in Exhibit A attac d hereto; and WHEREAS, the Developers ave' made application under the City Subdivision Ordinance for C'ty Council approval of single family residential developme t p eliminary plat of said land, said plat to contain approximat ly 11.2 acres divided into seven lots and one outlot, and td be n wn as Christmas Acres, and WHEREAS, he i y Council by its resolution passed on May 7, 1979, has app ov aid preliminary plat, subject to and on condition that develo e s n er into this agreement; and WHERE tie City has established the policy requiring land developers urnish surfaced streets, curbs, gutters, boulevard sodding,'dr ays, storm surface water drainage facilities, street signs and ligh ing, municipal water and sanitary sewer facilities and derground electric and telephone service lines to all lots and pla approved by the City, all of the foregoing hereinafter sometimes re rred to as improvements; and WHEREAS, the Developers have made application to the City to e allowed at Developer's expense to construct, install, and perform 11 work and furnish all materialsin 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_ NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Christmas Acres the City and the Developer 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 material 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.dor_e 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 as follows: 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 -3- 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 specifications 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 specification 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 installation 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. .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 sub -contractors, 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 agreement or the performance and completion of the work and improvements here- under; 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, a actions or causes of action rising the and the costs, disbursements, and expenses of defending the -same. 8. Written Change Orders. The Developers shall d'so no work nor furnish materials 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 Developers without such written order first being given shall be at their o-wn 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 to the City that improvements to be by the Developers constructed, installed and furnished as set forth in Paragraph 4 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, 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 the following amounts, which are equal to 110 percent - of the total cost of the improvements as estimated by Schoe 1 1 and Madson, Inc., the City Engineers, as follows: 10. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improvements for the beneift 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 required by this Paragraph 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 application 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 provide 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. 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 750 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. - 5- 15. Liability Insurance. The Developers shall take o u t and maintain during the life of this agreement public 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 its subcontractors, or by one directly or in- directly 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 shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 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 installatic by Developers of the improvements set forth in Paragraph 1 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. 18. Building Permits. The Building Inspector, upon approval of the City Manager, shall be authorized to issue building permits for residential construction upon Lots 6 and 7 within said plat, and, upon completion of the grading and placement of rock stabilization materials for road construction within said plat, for residential construction upon Lots 1 through 5 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 required improvements to be constructed and installed, 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 P.S. Chap. 429, in which case the Developers agree to pay the entire amount of the assessment role pertaining to any such improvement 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 said plat for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. Performance Bond. In addition to the foregoing the City may also institute legal action against the Developers and the corporate surety on their performance bond, or utilize any cash de- posit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the 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. 20. Special Conditions. a. That the developer acknowledges that the subject property is specially benefitted with trunk and lateral sewer and water services by 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 $ and for Project 71-1 said special benefit is $. The developer hereto acknowledges that special benefit is allocable in seven equal parts to the seven building sites on the proposed plat. b. Terms of Payment of Project 75-2'Special Assessments. The applicants agree that the entire cost of the installation of Project 75-2 improvements shall be paid by the applicants to the City as special assessments levied against the property in the proposed plat benefitted by said public improvements in twelve equal and annual installments with interest on unpaid installments at the.rate of 7Zo (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 applied for for any residential structure constructed upon any lot of the proposed plat, the payment of the Project-75-2 special assessments shall be accelerated as provided in Section c; below. C. Occupancy.Permit Application Accelerates Assessments. No residential structure in the proposed plat shall be occupied until the applicants 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. 2. The unpaid balance, including interest accrued as provided in Chapter 429 of Minnesota Statutes, of the Project 75-2 special assessments levied against the subject lot pursuant to said Chapter 429. 3. The unpaid balance, including interest accrued, -as provided by Chapter 429 of Minnesota Statutes, of the Project 71-1 special assessments levied against the subject lot pursuant to said Chapter 429. d. Terms of Payment of Project 71-1 Special Assessments. The applicants agree that the entire cost of installation of Project 71-1 improvements shall be paid by the applicant to the City as special assessments levied against the property in the proposed plat benefitted by said public improvements in -nine (9) equal annual installments with interest on unpaid installments at the rate of 7% 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 Section c, above. e. All proposed covenants and restrictions of said plat shall be approved by the City Attorney. f• The applicant shall incorporate into the plat to be filed, and the work to be done, all of the conditions setforth by the Minnehaha'Creek Watershed District in their letter of 14arch 19, 1979. g. Building plans for lots 3, 4, and_5, shall be certified by a registered architect or engineer. 21. Address of Developers. The address of the Developers for the purposes of this Development Contract is: 6840 Utica Avenue, Chanhassen, MN 55317. 22. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. William Bracken Ward Patricia C. War Frank Beddor, Jr. Marilyn Beddor STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) CITY OF CHANHASSEN By: Mayor Attest: lerk/Manager On this day of , 1980, before me, a notary public within and for said County, personally appeared Walter B. Hobbs and Don 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 Don Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public , STATE OF MINNESTTA ) ) ss . COUNTY OF CARVER ) On this day of 1980, before me, a notary public within and for said County, personally appeared William Bracken Ward and Patricia C. Ward, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public e .. STATE OF P-IINNESOTA ss_ COUNTY OF CARVER On this day of , 1980, before me, a notary public, within and for said 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 executed the same as their free act and deed. Notary Public 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: •r Commencing at the northwest corner of said Government Lot 21 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 40 degrees 56 minutes 25 seconds East a distance of 340.45 feet, to the point of beginning of the land 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 bears 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, along said shore line to the intersection with a line bearing North 57 degrees 36 minutes 25} 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 THtREFROM 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 of the above described premises lying within the property described in Book 60 of Deeds, page 495. 1 -50- SUBDIVISION PLAN CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application_ Escrow Paid Received by Applicant Date Name: Korsunsky Krank Erickson Architects, Inc. Last First Initial Address: 600 South County Road 18, St. Louis Park, -Minnesota- 55426 Number and Street City State Zip Code Owner: Ward Wi l l iam Bracken Last First Initial Address: 10901 Red Circle Drive_ Minneapolis Minnesota 55433 e Number and Stret_City State Zip Code Address of property in question: 1050 Pleasant View Road, Chanhassen, Minnesota Legal description of property in question: See attached. Present zoning of property: R-1 Present use of property: R-1 Proposed use of property: Single family residences The following documents if appropriate shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account -51- Date Received Initial 4. Abstractor's Certificate 5. Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. i, ture-of Applicant _/ Signature of Owner /-2`�-�� Date Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY DATE By Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission Postponed to Newspaper Publication Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action - Final Plat on Planning Commission Agenda Planning Commission Postponed to -Planning Commission Action Final Plat on Council Agenda Council Postponed to Final -Contract Executed Escrow Returned - Amount: -52- PLANNING COMMISSION RECOMMENDATION (Preliminary Plat) On this day of 19 , this preliminary plat was recommended for (approval) , disapproval) subject to the following conditions: Chairman of Planning Commission Action by City - Preliminary Plat On this day of 19 the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved; this Preliminary Plat subject to the following conditions: By order of the Chanhassen City Council Attest: City Administrator PLANNING COMMISSION RECOMMENDATION - Final Plat On this _ day of 19 this Final Plat was recommended for (approval), (disapproval) subject to the following conditions: Chairman of Planning Commission Action by City - Final Plat On this day of 19 the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Final Plat subject to the following conditions: By order of the Chanhassen. 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