79-02 - Near Mountain PUD pt 57610 LAREDO DRIVEsP.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
June 29, 1979
Mr. Evan Green
MDOT District 5 Office
5801 Duluth Street
Golden Valley, Mn. 55422
Dear Evan:
As per our phone conversation of June 27th, I am sending you
a sketch plan of the Near Mountain Development located in the
Northeast corner of Chanhassen and the Southeast corner of
Shorewood. To aid us in planning for pro pe circulation in and
around the development, I am requesting Department of
Transportation evaluation of design and placement of egresses
onto Trunk Highway 101. Our City Council will be reviewing
the proposed collector street between Carver Co..Rd. 17 and
Trunk Highway 101 on Monday, July 9th,-1979 and your comments
may be helpful in reaching a decision. I would appreciate
notification if you have difficulty in getting written comments
to myself before that date. Thank you.
Sincerely,
Bob Waibel .
Assistant Manager/Planner
BW:njo
r DECLARATION OF
/ COVENANTS, CONDITIONS AND RESTRICTIONS
t FOR FISSION PONDS
THIS DECLARATION, made this A5* day of �Mi ,
1979, by MISSION PONDS PARTNERSHIP, a Minnesota general
partnership (hereinafter called "Developer");
WITNESSETH:
WHEREAS, Developer is the owner of the following'
described real estate located in Hennepin County, Minnesota:
Lots 1 through_13, Block 1, both inclusive,
Mission Ponds;
ALSO, Outlot B, Mission Hills.Park Second
Addtiion except that part thereof platted as
Mission Ponds
all of which above -described land together --constitutes and is
hereinafter referred to as the "Proposed Development Area"; and
WHEREAS., the Proposed Development Area is the subject _
of a proposed -townhouse development, and Developer intends to
improve the Proposed Development Area or portions ther-eof and _
any additions thereto from time to time; and
WHEREAS-, Developer desires to subject certain portions
�. of the Proposed --Development Area to this Declaration at this
time; and
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WHEREAS, the real estate subjected herewith or which
may subsequently be subjected to this Declaration and the
improvements, including any Common Areas, constructed thereon,
will require uniform and continuing care and maintenance for the
benefit and enjoyment of persons residing in the townhouses; and
WHEREAS, in order to provide for necessary administration
and maintenance of the Common Area and for the preservation
and enhancement of those portions of the Proposed Development
Area which are improved by Developer from time to time and which
are subjected to this Declaration, Developer has .formed the
Association under the laws of the State of Minnesota relating
to non-profit corporations, and will convey to the Association
(prior to the conveyance of the first Lot) the land below
described to be owned by the- Association; and --.
WHEREAS, developer may (but is not required) from time
to time, for the purposes:hereinabove enumerated, subject certain
additional portions of the Proposed Development Area to this
Declaration and convey additional Common Area to the Association;
NOW, TUEREFORE, Declarant hereby declares that only
the real property described in Article II hereof, and such
additions thereto as may hereafter be made pursuant to Article
XIII, is and shall be transferred, held, sold, conveyed, occupied
and developed subject to the following covenants, conditions,
restrictions, easements, charges and liens which are for the
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purpose of protecting the value and desirability of, and which
�•- shall run with, the real property and be binding on all parties
having any right, title or interest in the described properties
or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof:
ARTICLE I
DEFINITIONS
Section 1. The following =words, when used -in this -
Declaration, or any supplemental declaration. (unless the context
shall prohibit), shall have the following meanings:
(a) "Association" shall mean and refer to Mission Ponds
CHomeowners -Association, Inc., a_Minnesota nonprofit -
corporation, its successors and.ass.igns.
(b) "Properties" shall mean and refer to that certain real
property described and def ined'in Artible II hereinbelow
and such additions thereto as --may hereafter be brought
within the jurisdiction of the =Association.
(c) "Common Area" shall mean all -real property -(including
the improvements thereto) owned;by .the Association
for the common use and enjoymentofthe Owners. The
Common Area to be owned by the Association at the time
of the conveyance of the first -Lot is described as
follows:
I
Lot 13, Block 1, Mission Ponds, Hennepin
County, Minnesota.
(d) "Lot" shall mean and refer to any plot of land shown
upon any recorded subdivision map of the Properties,
with the exception of Common Area. f
(e) "Living Unit" shall mean and refer to any portion of
a building, including a detached garage or fence
situated upon the Properties designed and intended
for use and occupancy. -as -a residence by. a . single family.
If "Owner" shall mean and refer to the record owner,
whether one .-or- more persons or entitles, of- the fee —
simple -title to any Lot -which .is apart of the
_ Properties, except that, where a lot is being told
{ on a contract for deed and the contract vendee is in
possession, then the vendee -and not the vendor shall
be deemed to be the "Owner".
(g) "Member" shall mean and .-refe.r- --to -all-- Owners who ar-e-
members of Association as provided in Article III-,
--= Section 1, hereof
(h) "Developer" shall -mean and refer to Missions Ponds
Partnership, a general partnership, --its successors
and assigns, if -such successors or assigns should-
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acquire more than one undeveloped Lot from the Developer
{- for the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. The real property which is and shall be
developed, held, transferred, sold, conveyed and, occupied subject
to this Declaration is located in the City of Plymouth, County
of Hennepin, and State of Minnesota and is more particularly -
• described as follows:
Lots 1 to 13, Block 1, both inclusive, Mission
Ponds, Hennepin County, Minnesota.
C ARTICLE -"III - - - -
MEMEERSHIP'-AND VOTING RIGHTS -
- IN --THE ASSOCIATION
Section_1_ vMembership. Every Owner of a Lot which
is subject to assessment by the Association, shall be a membe e
of the Association.- tembership -shall be appurt-enant to -and
may not be separated from ownership of any Lot which is subject
to -assessment.
Section 2: Voting Rights.. The Association shall -have
Ctwo classes of voting membership:
Class A. Class A members shall be all Owners, with
the exception of the Developer, and shall be entitled to
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one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one vote be cast
with respect to any Lot.
Class B. The Class B members shall be the Developer
and shall be entitled to three (3) votes for each Lot owned.
The Class B-membership shall cease and be converted to Class
- - A membershi-p -on -the- happening of either of the ..following
• events, whichever occurs earlier:
(a) when the total votes outstanding in-the.Class
A membership equal the total votes outstanding
in the. Class B membership, or
(b) on January 1, 1982.
-.Prom and after the.happening of either of these events,
whichever firs occurs, the Class B member -shall be deemed
-3 to be a Class A member,-entitled�to one vote for each Lot
(as provided for Class A members) in which it holds -the
interest required for membership.
--- ARTICLE IV
PROPERTY RIGHTS IN THE .-COMMON PROPERTIES
Section 1. Every Owner shall have a non-exclusive
` right and easement of enjoyment in and to the Common Area, which
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(l shall include, without limiting the generality thereof, the
right of access to and from the Owner's Lot, the right to park
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within areas designated therefor by the Association, the right
of lateral support, the right to use party -walls, if any,
adjoining his Lot, and the right to use utility, water and sewer
easements, and which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
(a) The right of the Association, in accordance with its
Articles and By-Laws,`to -borrow money --for -the purpose
of improving the Common Area, and in -aid thereof to
mortgage said properties and the rights of such
mortgagees in said properties shall be subordinate
-to the rights of the Owners hereunder; and
(b) The right of the Association to take such steps as
-are reasonably.necessary-to-protect-the-Common Area
::against- foreclosure; -'-and - =-_- -
(c) The right- of. the. Association to. --suspend the -voting
rights and right to*.use of the recreational facilities
by an Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not
to exceed 60 days for each infraction of its published
rules and for a fine not to excee _:$5.-00-per -day'-.of
a continui-ng infraction; -and - -
(d) The right of the Association to dedicate or transfer
all or any part of the Common Area to any public agency,
�^ authority, or utility for -such
y y purposes and subject
to such conditions as may be agreed to by the members.
Vo such dedication of transfer shall be effective unless
an instrument agreeing to such dedication or transfer
signed by 75% of the Owners (excluding the Developer)
has been recorded; and
(e) The right of individual owners to -the use of -parking
spaces as provided -in this Article; and
(f) The right of the Owner of each Lot to an exclusive
easement on the Common Area -.for entrances to a Living
CUnit or to areas occupied by fireplace, roof overhangs,
balconies, air _conditioning -compressors,-flower- boxes,
pat io=fences,-:'patios and -other --appurtenances wh-ich
- -are part" of -the :original -construction of -any -Living
Unit, or which -are added -pursuant-=to the provisions
of Article VI I 'Hereof ;_ and to a reciprocal easement -
for access where' -necessary over adjoining -Lots -for.
the maintenance -.and upkeep--Df the walls; - fences or
- other improvements.
Section 2. Delegation of Use. Any Owner may delegate,
in accordance with the By -Laws, his right of enjoyment to the
Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section 3. Parking Rights. Each Lot contains parking
areas (including garages) for the use of its Owner. Each Owner
shall have the exclusive right to use for parking purposes the
driveway leading from his garage to the common roadway subject
to reasonable regulation by -rule of the Association. The
Association shall maintain additional parking spaces on the
Common Area for the use of Owners' guests and invitees, subject
to reasonable regulation by rule of the Association.
ARTICLE V
COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS
Section 1. Creation of the Lien and Personal Obliqation
of Assessments. The Declarant, for each Lot owned within. the
roperties, .hereby covenants, and each Owner 4f any -Lot --by
--'acceptance f a deed therefor,.whether or not it-shall'be so
expressed id such deed, is .deemed `to conversant and .agree -to
pay to the Association: (1) annual assessments or -charges, and
- —j2 ) special assessments for ---capital improvements or-eapit3 -
equipment to be owned by the Association, such assessments to
be established and -collected As hereinafter provided. The annual
C: -and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the. Lot and
-shall be a continuing lien upon the property against which each
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( such assessment is made. Annual assessments shall become a
lien upon each Lot on the first day of January of the year in
which such assessment is .due and payable. Special assessments
shall become a lien on the earliest date any part of the same,
is due and payable. Annual assessments shall be due and payable
in twelve equal monthly installments on the first day of each
month, beginning on the first day of January. Special
assessments shall be due and payable as determined by the Board
of Directors. Each such assessment, together with interest,
costs, -and reasonable attorney's fees, shall aisc be },;e personal
obligation of the person who was the Owner -of such Lot at°the
time when the assessment fell due. The personal obligation
for delinquentt-assessments shall not pass_to -his successors
in title unless expressly assumed by them. --
Section-2. _Purpose of Assessments. The assessments
levied by the Association --shall be used -exclusively to prDmote
the --recreation, health, safety,., and welfare of the _residents
in t-he Properties, for the imnrovement_ and maintenance of -the
Common -Area and common personal -.property and for the exterior
*maintenance of the Living _Units situated upon ,the --Properties. '__
An adequate reserve -fund shall be maintained for maintenance,
repairs and replacement of those elements of the common property
that -must be replaced on a periodic basis.
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Section 3.- Maximum Annual Assessment. Until January
1, 1980 the maximum annual assessment shall be five hundred
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forty dollars ($540) per lot.
(a) From and after January 1, 1980 the maximum annual
assessment may be increased each year not more than
8% above the maximum assessment for the previous year
without a vote of the membership.
(b) From and after January 1, 1980 the maximum annual
assessment may be increased above 8% by a vote of'two-
thirds (2/3) of members who are voting in person or
_ by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment
at an amount not in excess of the maximum.
Section 4. Special 'Ass-essments for -Capital Improvements.
In addition to the -annual assessments:.authorizgd above, --the
Association may levy, in any assessment year, ---a -special
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assessment applicable to that -year-.only _for the -purpose -of
defraying, in whole or in part,.,,the..cost .of.-any_-c.onstr:uct ion,
reconstruction,---repair__or--�-epl-!kce-rent =of_ a_=cap tal__impr-ovement:- --
upon .the Common Area, including fixtures and personal property
related thereto or -capital -equipment to be owned -by :the -
Association, or ext-errors of Living Units, provided that any
such assessment shall have the assent of two-thirds (2/3) of
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the votes of members who are voting in person or by proxy at
a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting called
for the purpose of taking, any action authorized under Section
3 or 4 shall be sent to all members not less than 30 days nor
more than 50 days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled
to cast sixty percent (60%) of al-1 -the votes of :membership shall
constitute a,quorum. If the required quorum is not present,
another meeting may be called -subject to -the same notice
requirement, and the required quorum-at:the subsequent meeting
shall be -one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more -than = _
60 days following the preceding meeting. `--
Section 6. Uniform -Rate of Assessment. Both annual
-and special assessments_mus t'be fixed _at a uniform rat. for
all Lots.
Section 7. Date-of-Commencement--of-Annual Assessments: -
Due Dates. ----The :annual assessments provided" -for =-herei-=sbai=3 -
commence as to all Lots contained within the *Properties on _the
first day of the month following the recording -of this
-Declaration. The Board of Directors` shall' -fix` the- amount of
the annual assessment -against each Lot at- -least Thirty (30)
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days in advance of _each annual assessment period (which shall
be a calendar year). Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due dates
shall be established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot, have been paid.
A properly executed certificate of the Association as to the
status of assessments on a-Lot,is binding upon the Association
as of the date of its issuance,
Section 8. Effect of Nonpayment of Assessments:
Remedies of the Association. Any assessment not paid within _
thirty C30)'days after the due date shall bear interest -from
the due date at the rate of'8 percent per annum.---The Association
may bring an action at -law against the Owner personally obligated
to pay the same, or foreclose by action., the lien against .the
property.in the same manner as a real estate-mortgage.may be
foreclosed. -.-No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common
Area or abandonment -of his Lot. - -- -- --- -
Section 9. Subordination of -the Lien --to Mortgages.
The lien of the__assessments provided for -herein shall be
subordinate .to the--lien-of any.- first -mortg-age:.. ---Sale-or.transfer of any Lot shall --not affect the assessment .aien. _ However, the - _
sale or -transfer of--any-Lot pursuant to mortgage foreclosure
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or any proceeding in lieu thereof, shall extinguish the lien
of such assessments as to payments which became due prior to
such sale or transfer. No -sale or transfer shall relieve such
Lot.from liability for any assessments thereafter -becoming due
or from the lien thereof.
ARTICLE VI
COMMON AREA HAZARD
AND LIABILITY INSURANCE
The Association shall procure 'fire and extended coverage
on insurable common property on a current replacement cost basis
in an amount not less than 00% of the insurable value (based
on current replacement cost) and use -the -proceeds of such hazard
insurance solely for the. repair,. -replacement -or reconstruction
of such -insurable. common -property -including insured improvements.
The cost of such insurance shall.;be asse-ssed as provided in
Articl-e V- above. .First-mo-r-tgagees -of -Lots,- -jointly or -singly,
may pay overdue--premiums-on.lhazard insurance policies, or may
secure new hazerd insurance -coverage on-. the-.lapse--of-a-policy-- =
for the common =property, -and first mortgagees -making such
payments shall be.owed immediate reimbursement therefor from'
the Association. The Association is authorized _to_enter into _
an agreement in favor of 1-all--f i_rst -mortgagees -of -Lots
establishing entitlement -to :such -reimbursement. The Association
must -have -a -comprehensive- policy -of public -liability insurance
covering ail -of thee -common proper--ty. Such _-insurance policy
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shall contain a sev_erability of interest clause or endorsement
which shall preclude the insurer from denying the claim of an
Owner in the Association because of negligent acts of the
Association or other Owners.
ARTICLE VII
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties, nor shall
any exterior addition to or change or alteration therein
(including changes in color, materials or appearance and planting
of bushes and trees) be made nor shall the grades and earth
Ccontours existing at the time of completion of the last Living
C_ Unit be substantially altered, 'until the plans and specifications
showing the nature, kind, shape; height, color, materials., and
._location of the '.same shall have been submitted to and approved
in writing as to --harmony of external design and'location-in
relation to surrounding structures and topography' -by the -Board
of Directors of 'the Association, or by -an 'architectural committee
composed of three (3) or more representatives appointed by the
Board. In the event said Board; or its designated -committee,
fails to approve -or disapprove such design and location within
thirty'(30) days. after said plans and specifications have .been
submitted to it, -'approval will not -be required and this -Article
will be deemed to have been fully complied with. No structural
( change to a Living Unit shall be made which diminishes the
i structural integrity of the building of which the Living Unit
is a part.
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ARTICLE VIII
EXTERIOR MAINTENANCE
Section 1. Reauired maintenance. In addition to
maintenance upon the Common Area, the Association shall provide -
exterior maintenance upon each Lot which is subject to assessment
hereunder, as follows: paint, repair, replacement and care
of roofs, gutters, downspouts, exterior building surfaces, trees,
shrubs, grass, walks, and other exterior improvements. Such
exterior maintenance shall not include glass surfaces or gardens
but shall include utility lines up to the trap, except that
°if an Owner neglects after notice to replace broken glass in
exterior surfaces, the Association -may do so, charging the cost
thereto to the Owner. All such painting, repair.and maintenance
shall . be done as _and when,- and to the extent that, the 'Board
of Directors -of the -Association deems it'" necessary or desirable.
The Assoclation,shall plow snow from the Common Area -roadways, :-
driveways -and parking -areas,-but shall not be required to, remove
snow from walkways, Living Unit -steps or patios.-_.- _- _--_
Section 2. Optional Exterior and Interior Maintenance.
The Association, at the direction and consent of all of the
Owners of Lots comprising a single particular building, may
maintain and repair the exterior of any and 'all improvements
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and structures on any Lot or Living Unit within such building,
or any part thereof, which is not required to be maintained
by the Association pursuant to Section 1 of this Article,
including, but not limited to, windows and glass, and also,
at its option, may maintain and repair any and all sewage
systems, plumbing, heating and air conditioning systems,
electrical systems and other utility lines, pipes and systems
within any Living Unit (but outside of the easements in favor
of 'the Association pursuant to Article IV hereof) on any Lot
which is subject to assessment.' Such optional. maintenance" shall
be done as and when the Board of Directors of the Association
deems it necessary or desirable, and the Board may decline to
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do such optional maintenance despite the consent of all such
Owners.
Section 3. Assessment'of Costs. The cost of -optional
exterior and interior maintenance -pursuant to Section 2 of this
Article, and -the cost of -maintenance -pursuant -to Section 1 of
this Article, -if the need -for.-.such maintenance or repair pursuant
to Section 1 is due to the willful or negligent acts of an Owner
.or his family, ---guests or invitees, and to the extent the cost _ of such maintenance exceeds the net insurance proceeds received
by the Association due to such act or neglect, if any, shall
Cbe assessed against the Lot upon which such maintenance is. done
and shall be -added to and become a part of the current annual
assessment against that Lot and, at the option of the Board
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of Directors, shall be payable in full with the 'next ensuing
monthly installment of the then current annual assessment, or
divided equally over the -remaining months for the then current
annual assessment and payable with and in addition to the monthly
installments of the then current annual assessment.
Section 4. Access at Reasonable Hours. For the purpose
solely of performing the maintenance and repairs authorized
by this Article, the Association, through its duly authorized
agents or employees, shall have.tb e right, after reasonable.
notice to the Owners, to enter upon any Lot or Living Unit with
such men and material as the Association deems necessary at
reasonable hours on any day.
Section-S. Emergency Access. For the purpose of
performing emergency repairs under this Article, or of taking
emergency action to seal a Living Unit from weather or -otherwise =_=-
to prevent damage or destruction to any Lot or Living Unit,_-__ the Association through its duly authorized agents or employees,
shall have the .right to enter_, upon- any Lot or .hiving Unit ---at
any time, without notice, with such men and material as the
Association deems necessary, -to accomplish such -emergency repairs- --
or to take such emergency action.
Section 6. Heatin(i of Living Units. For the purpose
of preventing damage to 'and breakage of water, sewer and other
utility lines and pipes in a Living Unit which might result
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( in damage to that or other Living.Units, at all times, each
Living Unit shall be kept at a temperature of at least 55 degrees
Fahrenheit, subject, however, to the inability to maintain such
temperature due to causes beyond the Owner'-s reasonable control.
Any damage resulting from the refusal or failure of an Owner
to so maintain such minimum temperature may be repaired by the
Association and (unless due to causes beyond the Owner's
reasonable control) the cost thereof assessed against the Lot
of the refusing or failing Owner to the extent and in the manner
set out in Section 3 of this Article. However, if the failure
to maintain such minimum temperature is" -due to causes .beyond
the Owner's reasonable control the cost of such repair shall
be a common expense.
Section 7. Lawn and Planting Maintenance: The
Association shall.mow, water, rake and maintain, all to the
extent the Board deems necessary or'desirable,-all lawns and
exterior plantings except that -the Association may, but shall
not be required to, water gardens.and plantings established
by individual Owners, and to the extent the Association -
undertakes to do so, it will not be responsible for any damage
to such "gardens and plantings due to overwatering, underwatering
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or improper watering.
CSection 8.- Maintenance Required by the City of Plymouth.
The City of Plymouth has required as a condition of plat approval
l that the Association undertake and be responsible for (and the -
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acceptance by the Association of the deed for the Common Area
shall be deemed to constitute such undertaking) the maintenance
at Association expense of the Common Areas, uutlities and streets
within the Proposed Development Area. All areas of Lot 13
outside the existing tree cover, including the corridor to 37th
Avenue, North, shall be maintained as manicured lawns. All lawns
shall be in mowed, watered and "manicured" condition (weather
permitting) consistent with the care and condition of City -owned
parklands in the same general vicinity. -No "natural" -areas
except within the existing tree cover. -shall be permitted.
Section 9. Care and Maintenance of the Properties.'
The Properties shall be maintained in accordance with -the _
following conditions -and rules:
(a) If,_in the opinion of the City Council of the
City -of Plymouth, expressed in a resolution, the Association
or, the ..Owners "of _the Properties, .if the Association shall have
been -dissolved, have failed to provide:' adequate maintenance
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and -repair of'any streets within -.the Properties which have not
been dedicated to public use; adequate snow removal .from any
-.-said streets; ----adequate control of surface water drainage;
adequate construction, and/or maintenance and repai-r of any
sanitary sewer, storm sewer, water supply system, or other public
utilities the construction,-- and/o'r maintenance- and._repair of -
which :are the responsibility of the Association :or the Owners
of th-e 'Properties, ---as the -case 'may Abe; _-or--adequate= mare of the
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Common Area; then duly authorized agents of the City of Plymouth
may enter upon the Common Area and perform such: street
maintenance and repair; snow removal from streets; control of
surface water drainage; maintenance and repair of sanitary sewer,
storn sewer, water supply system or other public utilities;
care of the Common Area; or construction of such public
utilities; as the City Council of the City of Plymouth shall
have deemed necessary' to preserve the health, safety and welfare
of the residents of the Properties or of the City .of Plymouth.
` (b) If the City of Plymouth performs maintenance or
makes repairs pursuant to this Declaration or -constructs any
public improvement pursuant to the -laws of the State of
Minnesota, then -the City .may. assess the cost of said maintenance
-or:repairs or public improvement directly -against the benefited
Lots, or -the City may. assess .the Common Area for the cost of
-said maintenance or repairs, or public. improvement..- ':If .the
City assesses the Common Area._for-_the .;cos.t of said maintenance -_
or -repairs, .the'n the :Association -or. the__.Owners. of 'the -.Proper-ties,
if the Association shall have :-be en_ -dissolved-, shall levy a
special assessment against the benefited Lots to defray the
total amount of.the City assessment. Said.special assessment
need not have the consent of the Owners or Occupants.
(c) The title to- the _Common Area ,of the --Association
or the Owners of the Properties, as the case may be, is hereby
made subject to a non-exclusive easement -in--favor of -the City' _
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of .Plymouth for the purpose of ingress and egress for police,
fire rescue and other emergency calls, animal control, health
and protective inspection and to provide to the Owners other
public services deemed necessary by the City of Plymouth, and
for the purposes set forth herein.
(d) The cost of any work performed by the City of
Plymouth pursuant to this Declaration shall be assessed pursuant
to the above provisions.
ARTICLE IX
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall —
which is built as a part of the original construction of the.
Living units upon the Properties and placed on the dividing - -
line between-the"Lots shall' constitute a party wall, and, -to
the extent -not inconsistent_ with the provisions of -this -Article,
the _general rules of law -.regarding party_ walls --and liability _
for property damage `due -to negligence or' willful acts_ or -
omissions shall apply thereto. - -- -
Section.2. _.Sharing of Repair and Maintenance. The
cost of reasonable repai-r and -maintenance of a party wall shall
be shared by _the Owners who make. use of. tile. -wall in proportion
_ to such use.-.---...
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Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it, and
if the other Owners thereafter make use of_the wall, they shall - -
contribute to the cost of restoration thereof in proportion
to such use without prejudice, however, to the right of any
such Owners to call for a larger contribution from the others
under any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Weathernroofing.- Notwithstanding any other
provision of this Article, an Owner who by his negligent or -
willful act •causes the party wall to be exposed to the elements
shall -bear the whole cost -of, furnishing the _necessary..prntection
against such elements. _
Section-S.. _`Right to Contribution _Runs With Land.
-The right of any_ caner -to -contribution frbin any other Owner
under this Arti_c1s shall.be.:anpurtenant o the_land_.and_=shall
pass to such Owner's successors in -'title^
Section 6. Arbitration. In the event --of any --dispute
arising concerning ,a !'party.wall, or under the -provisions -of
this Article, each -party shall choose one arbitrator, and such
arbitrators shall -choose one'additionalarbitrator, and the
decision shall be -.-by -a' majority of all the arbitrators.
-23-
r ,.
f
ARTICLE X
COVENANTS FOR INSURANCE
Section 1. Maintenance of Insurance. Each Owner of
any Lot, except the Developer, by acceptance of a deed therefor,
whether or not it shall be expressed in any such deed or other
conveyance, covenants to carry, maintain, and timely pay the
premium or premiums, on a policy of fire, extended coverage,
vandalism, and malicious mischief with all risk endorsement
insurance. Said insurance is to cover a minimum of the entire
replacement cost of the Living Unit located on each such Lot.
Said insurance shall be in a form satisfactory to the Association
and -shall .be ..issued in the name of the Association as insurance
trustee for the Owner, and shall provide that losses shall be _
payable to the trustee and the first mortgagee of -record of
such Lot, if any.. Each such .policy .shall provide for 30 days. -
notice to the Association before cancellation shall be effective,
duringwhich w-
.period_the-Association may.securz:coverage at .-
Owner's expense Notwi-thstan-d- ng any of the above, -in the event
the Association -elects to -secure a master policy which provides '
said insurance, '�the-Owner shall join in said master policy.
Said master policy shall be issued in -the na, ie- of. _the Association -
as the insurance -trustee -for the Owner, and shall provide that
losses shall be payable to -the trustee and first mortgagees
of record, if any.-
-24-
Section 2. Association as Insurance Trustee. In the
event that any Living Unit or Living Units, are destroyed or
damaged by causes covered by the insurance referred to above,
all proceeds of said insurance coverage shall be payable to
the Association as Insurance Trustee for the Owner or Owners
of said Living Unit or Living Units, and to the first mortgagee
or mortgagees of record of said Living Unit or Living Units.
Said -insurance proceeds shall be applied and administered as
follows:
(a) In the event of an insured loss to a Living Unit or
Units, all insurance proceeds paid to the trustee and
first mortgagee or mortgagees of record shall be
deposited by said -trustee and mortgagees in escrow
with -.a title insurance company acceptable -to them,
as hereinafter provided.
{b) In the event of an insured loss to a Living Unit, the
Ownex_=-of :the Living Unit' with respect to which the
insured loss occurred shall, within thirty (30) days
after -`the insurance proceeds are deposited with a title
insurance company in accordance with paragraph (a),
above _ enter Into a firm contract with a qualified'
builder providing for a reconstruction or remodeling
of the Living Unit, to substantially the same condition
as existed immediately prior to the insured loss;
provided, however, that no contract shall be entered
into by the Owner for an amount in excess of -the
insurance proceeds, then held by the title insurance
company for said Living Unit, until additional funds
are deposited by the Owner sufficient to cover all
construction costs as determined by the title insurance
company. Said reconstruction.or remodeling shall be
commenced and completed with due diligence and in no
event shall said work be completed later than 180 days
after said insurance proceeds are deposited in escrow
.as aforesaid. The Association and first mortgagee
of record of the Living Unit affected shall:have`the
right, but not -the obligation, to deposit such
additional -funds in excess of insurance -proceeds as
may be required to permit construction as herein L
provided.'
(c) In the event the Owner fails to.enter.Anto contract
as provided in paragraph _ (b) , - above, for the
reconstruction or remodeling -of tb.e giving Unit as -
provided above; or in the event that reconstruction
or remodeling is not commenced or -_completed as provided - -
above, -then the trustee, -or the first mortgagee __ of
record, with the consent of the trustee, -$hall have
the right, but not the obligation, .to enter into -those
contracts which it deems necessary to complete said -
reconstruction or remodeling of the-Living'Unit, and
-26-
the trustee or first mortgagee shall have the right
to have said insurance proceeds applied in satisfaction
of an obligations incurred
Y 9 pursuant'tosaid contracts,
without liability of any kind to Owner, including,
but not limited to, without liability for interest
on said insurance proceeds. The Association may employ
any bonded party or parties as its agents in exercising
those functions given to it in this Section 2. The
Association shall be empowered to pay said agent and
to collect said charge from the Owner or Owners, as
the case may be, and in the same manner as that -which
is provided in Section 4, below, for the collection
of an insurance premium paid by the Association. -
(d) Disbursement of funds on deposit -pursuant--to paragraph
(a), above,for contracts for reconstruction -or
remodeling entered into under paragraphs (b)-and (),
above, shall be made by the title insurance
selected as hereirrabove provided, subject to -:.the
following: -- _- -
.1. Article VII of these -covenants entitled
"Architectural Control Committee" shall apply
to 'all said reconstruction or remodeling.=--
2. Receipt by the title insurance company of written
consent of any party holding a lien or encumbrance
on said Living Unit.
3. Receipt by the title insurance company of such
sworn construction statements, list of
subcontractors, lien waivers and receipts as it
shall determine to be appropriate. Disbursements
may be by periodic or progress payments, and the
title- insurance company may 'make' such inspections
and withhold such payments as it deems necessary
to -insure completion in compliance with plans
and specifications. The title insurance company _
shall he .entitled to -charge -and the trustee shall
be empowered to _pay -a -reasonable fee for the
.services rendered-=by-the-title'insurance company,
and ---the trustee may= l3. t such-= barge: rom the - ---
Owner or Owners -as'-the tease arr-ay -::-be,--and in the---..
same manner _:as ._that" -which- is' prflvided for in - - -
Section 4, below, -for the -collection of -ins-urance`
premiums paid by...tthe . Association. -_ - ---- -
4.- In the eventa contract is entered into pursuant
to paragraph (b)„--above,-the written. -consent of
_ the Owner -to said payment or payments. ;
-28-
( (e) Nothing contained in this Section 2 shall be construed
to make the Association or its Board of Directors,
or the mortgagee or mortgagees of record, if any,
responsible for collection or non-collection_of any
insurance proceeds; said Association or Board of
Directors, or mortgagees, being responsible solely
for the insurance proceeds which come into their hands.
The Owner of each Living Unit damaged or destroyed
by causes referred to above shall collect -or cause
to be collected -from the insurance carrier involved
the proceeds of the policy covering his Living'jinit,
for the use of the trustee as hereinabove provided.
(f ) In the event that a remodel-i-ng.=or -reconstruct vn -
contract -is, for any reason,4-not :entered _-into -pursuant
to the -provisions of paragraphs .{ b) -and - (c) , -above,
_- within 180..days after -deposit- o.f:4-nsur-ante-_�p-roceeds
with the titl-e :insurancecompany,=�-s=_h-e:rein =--provided-,_ - -- - _
said title=-ins-urane-compang-shali-r7isburse .:sa-id
- proceeds -to each -first mortgagee of record of -the -
affected Lot or Living- _Un.it1_as___i_ts interest appears -
to retire the indebtedness secured under said Mortgage,
and disburse -the remaining deposits, if any, to the
Lot Owner or Owners, as their interests may appear.
-29-
Section 3. Waiver of Subrogation. To the extent
permitted by the standard Minnesota Form of Fire and Extended
Coverage Insurance and to the extent benefits are paid under
such a policy, each -Owner and -the: Association do--hereby-.mutually
release each from the other, and their respective officers,
agents, employees and invitees, from all claims for damage or
destruction of their respective physical properties if such
damage or destruction results from one or -more of the 'perils
covered by the standard Minnesota Form of "Fir-e and -Extended
Coverage •Insurance.
Section 4. Lien for Premiums. The Association may
but shall not be required to make payment of insurance premiums
on behalf of any Owner who becomes =del-inquent tin= -such payment. -
In the event that the Association -does make --such payment, then �=
such payment and the cost hereof shall-._be--tre-ated :as if it is -
part of the -annual assessment as-4es-cribed- in -Ar-ti le �1--he-reof
and shall be- a -charge on the-- land of -=and-cuntinuing- then .on-
the propertg--for whose benefit -such premium payment is made
and also the.personal obligat-ion of the Owner -of -such property
at the. time when such premium payment- is made. - -• - _
_ARTICLE XI
BUILDING AND USE RESTRICTIONS _
Section 1. Residential Use. No Lot shall be.used
except for residential purposes, nor shall any garage be -used
-3 0- - -
•a
for or occupied as living or sleeping quarters, nor shall any
trade or business of any kind be carried on within a Living
Unit or upon a Lot, nor shall any Lot or any part thereof be
leased, sublet, assigned or suffered to -be used for hotel or
transient occupancy, nor divided and occupied as more than one
single-family residence, provided that none of the following
activities shall be considered a violation of this covenant:
(a) The maintenance of a business and sales office and
models by Developer during the construction and sale
periods.
(b) The maintenance of an office by the Association or
its designated manager for purposes of management -of
Mission Ponds.
(c) Lease or rental of a- Lot for periods not less `than -
..30 days for purposes consistent -with -this Secti-o"n:-
Section 2. Common Area Restriction. No industry, ~�
business, trade, occupation..or profession of. -any kind shall
be conducted, maintained or permitted on any part of the Common
Area, No "-for sale" or "for. rent" -signs- -or any window display
advertising shall be maintained or permitted on any part of
the Common Area, except those authorized --by the Association.
-31-
C1
Section 3. Obstructions.. There shall be no
obstruction of the Common Area, nor shall anything be kept or
stored on any part of the Common -Area without the prior written
consent of the Association.. ---Nothing shall. be _altered -on,
constructed on, or removed from the Common Area except upon
the prior written consent of the Association. _
Section 4. Prohibition of Damage and Certain Activities.
Nothing shall be done or kept on any Lot or on the Common Area
or' -any part _thereof, which would _be An violation of any -statute,
rule, ordinance, regulation, permit or other validly imposed
requirement of any governmental body. No damage to, or waste
of-; =the Common Area or. any -part -thereof or of the exterior of
the'Propertiesand buildings -shall be committed by any Owner
or any -Invitee -of -any -Owner and --each Owner -shall' indemnify and --
hol-d the P_ssociation-.and :the -other _Owners .harmless against all
loss resulting from. any .-s-uch-__damag_e--;o__:waste caused by him or
his -invitees, to the Association or other Owners. No noxious,
destructive or offensive activity shall--be-allowed on any. -Lots
or Jn the Common Area or any part ~thereof, nor shall anything
be _done thereon whichmay`be or may become an -annoyance or,
--- -nuisance to any other Owner or~to any other person at any time
lawfully residing on the Properties or which will -increase the
insurance premiums otherwise chargeable to the Association or
_ other Owners. - - - --
Section 5. Fences, Walls and Patios. No Owner shall
construct, relocate, heighten, lower or otherwise move or change
{� any fence, wall or patio upon, adjoining or adjacent to the
Common Area except as provided -in -Article -VII-hereinabove. --- -- - -
Section b. Prohibited Structures. No structure of
a temporary character, trailer, basement, tent, or shack shall
be maintained on the Properties nor shall any garage or other
building except a permanent residence, be used on any Lot at
any time as a residence or sleeping quarters,.. -either -temporarily
or permanently, - except only that the Board may permit an Owner,
upon prior application, -to erect on the Common Area and use
a tent or awning -:for purposes of a wedding, -summer party or
like occasion not- oftener .than -onace- a -year-per.-Owner--and -provided
that no such tent or awning will be maintained for -more than
48-hours. _
_- 7age of °any items -
Section
,including but without limiting the generality of the foregoing,
sporting equipment, toys,.outdoor cooking equipment, yard and
garden tools and equipment and trash and garbage containers
shall not be allowed, unless.scre.ened from view -by enclosures
so as to be effectively screened from view outside the Lot.
The design of such screened enclosure -must be approved by the
Association in accordance - with -_:the -architectural control
provisions hereof. -The storage or collection of rubbish of
any, character whatsoever, any material that emits foul or
-33-
obnoxious odors, the growing of any noxious weed or other natural
substance, and the harboring of the source of any noise or
activity which disturbs the peace, comfort or serenity of owners
is prohibited. Usual household trash and garbage shell -'be
regularly collected and may be'kept outside only if in sanitary
containers which are so screened. No boats, snowmobiles,
trailers, camping vehicles,- buses, hearse or ambulance -type
vehicles, trucks over gross weight 9000 pounds, unlicensed or
inoperable automobiles, trucks or other vehicles shall at any
time be stored or parked on anyI-Lot.outside of a house or garage.
No such boats, snowmobiles, trailers, camping vehicles, buses,
hearse or ambulance -type vehicles, trucks over gross weight
9000 pounds, unlicensed or inoperable automobiles, trucks or
other vehicles shall belstored-orlparked on any part of the
Common Area wi-thout the .express written approval of the Board
of Directors, 'which may be denied -without reason stated and shall
be denied upon .petition or -vote---of -a .majority---of—the -members-.
y-Section 8. Signs. No sign of any kind shall be
displayed to the public view on._any..-Lot, except. as permitted
by regulations adopted -by the Board. -
Section 9. Antennae. No -television or radio antenn e
i
shall be erected or placed upon the exterior of a Lot or hbus;
or garage, except that -..-the --Association- nay erect -a- community
or master antenna to _serve the Properties. -
-34-
Section 10. Clothes Lines. No clothes lines shall
be permitted upon a Lot or the exterior of a house or garage,
nor shall clothes, sheets, blankets, laundry of any kind or
other articles by hung out so as to be visable from outside
the Lot.
A
Section 11. Rules and Regulations. The Board may
from time to time adopt such other rules and regulations from
time to time governing the use .and enjoyment of the Properties
as -the Board in its sole discretion -deems appropriate or
necessary. .The Board may'from time to time adopt additional'
rules and regulations concerning the use of parking areas on
'the -Common Areas and may cause vehicles and the objects to be
removed --from the Common Area at the owner's expense.
Section 12. -'Rights of- Developer. Until the last Lot
is sold and conveyed to -an 'Owner other- than ' a- Developer,- the
following will not 'de:em -d -vio-lations_ of -the foregoing -- _
restrictions.: -_
-(a) the use of, a -Iot- for -model -and -sales office purposes;
-(b) the storage of equipment;--materials--and earth during
the construction of new Living Units;
-s(c) the display -of signs-=adver-using the -Properties or
=- Living Units.
-35-
ARTICLE XII
RIGHTS OF FIRST MORTGAGEES
Section 1. The provisions of this Article take
precedence over any other. conflicting provisions of this
Declaration.
Section 2. A first mortgagee, upon request, is entitled
to written notification from the Association of any default
in the performance by the Owner of any obligation under the
Declaration or By-lawswhich is not cured within sixty (60) days.
Section 3. Any first mortgagee who obtains title to
a lot pursuant to __the..remedies--provided in the mortgage, or _
.by -foreclosure of tY�e mortgage, or =by deed -or -assignment -in
lieu of foreclosure, will be exempt from any right of first
refusal contained in the Delaration or By=haws. -
Section__4. , _Any -.-first mortgagee .:who _obtains title _-to - -
a Lot pursuant to -the remedies provided -in the_ mortgage, or.
by foreclosure of the mortgage shall not be -liable for the unpaid
assessments of the Lot which accrue prior to the acquisition
of -title to =such Lot -.by - the -mortgagee. - -- -
Section 5. Unless at least seventy -five -percent (75%)
of_the first mortgagees of Living Units, based upon one vote.
fbr ;each first mortgage owned.,_.or Owners other than the Developer
r"
have given their prior written approval, the Association shall
not be entitled to:
(a) By act or omission seek to abandon, partition,.
subdivide, encumber, sell or transfer the common
'property owned, directly or indirectly, by the
Asssociationfor the benefit- of the Lots. The granting
of easements for public utilities or for other public
purposes consistent with the intended use of such common
--property shall not be deemed a transfer within the
meaning of this subsection;
71
(b) Change the .method of determining the obligation,
r -assessments, dues or other charges which may be levied
_ against an Owner;_---
( c ) By act or omission -change, --waive or abandon any scheme
of regulations, or enforcement thereof, pertaining
to the architectural design of the exterior appearance
of Living Units,'the exterior -maintenance of Living
..Units, the maintenance of the common property party -
-walks or common fences and driveways,--- or the upkeep -
of lawns and -plantings; `
(d) Fail to maintain fire and extended coverage on insurable
= common property -on a current.replacement7 cost basis
in an amount not less than one hundred percent (100%)
-37-
of the insurable value, based on current replacement
cost; or
(e) Use hazard insurance proceeds for losses -to any common
property otherwise than for the repair, replacement
or reconstruction of such common property.
Section 6. First mortgagees shall have the right to
examine the books and records of the Association.
Section 7. First mortgagees may, jointly or singly,
pay, taxes or other charges which are in default and .which may
or have become a charge against any common property and may
pay overdue premiums on -.hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the
common property, and first mortgagees making -such payments shall
be owed 'immediate reimbursement therefor from the Association.
Section 8: No.pr.ovision of the Declaration or By -Laws
shall be construed as giving the Owner -or -to any other party
priority over any rights of first mortgagees of Lots pursuant
to their mortgage in the case of a distribution to Owners of
insurance proceeds or condemnation awards for -losses to or
taking of -common property.
Section 9. The Developer, if a second mortgagee, shall
have the rights of a first mortgagee under Sections 2, 3, 4,
6 and 7 of this Article XII-.
-38-
r
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions
of this Declaration. Failure by the Association or by -any Owner
to enforce any covenant or restriction herein contained shall
in•no event -be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any
of these covenants or restrictions by_ judgment or court order
shall in no way affect any other provisions which shall remain
in full force nd effect. -
Section 3. Ali-enation of Common Property: Anything
apparently to the contrary herein notwithstanding, -no -common
property-zhall_be abandoned,_ part it_ioned,'subdivided,_encumbered,
sold -or -transferred = except by the recording of -an -instrument
executed by 75% of the Owners -.(excluding Developer).-_ - -.
_ =Section 4. Duration --and Ainendment . '-Th-e cove-nan-ts and restrictions of this Declaration shall run with and bind
the land.-and_shall 'inure to the benefit of and be enforceable
�. by the Association or the Owner of any"hot subject t _ subject o this
Declaration, their -respective legal representatives, heirs,
-39- - _
successors and assigns, for a term of twenty (20) years from
the date this Declaration is recorded, after which time the
covenants and restrictions shall be automatically renewed for
successive periods of ten (10) years.
This Declaration may be amended by an instrument signed
by not less than seventy-five percent (75%) of the Owners.
Any amendment must be recorded. The prior written approval
of at least seventy-five percent (75%) of the first mortgagees
of Living Units, based upon one vote for --each mortgage owned,,_
or Owners other than the Developer shall be -required for any
amendment of this Declaration which would affect the right of
the Association to take -any of the actions referred to in Article
XII, Section 5. - ----- --
Sect -ion 5. Notice of Default. The first mortgagee
of _any Lot, -.upon written request to the, -Association, is
thereafter entitled to written notification from the `Association___:_
of -..any default, in, the performance 'by' the---Owne-r. o-f-the-Lot of
any obligation under the Articles of Incorporation br: -By--Lawsof the Association or under this.Declaration which is -not cured
within 60 days of the date of such defau-1-t.
Section 6. Annexation. Addltional residential property
and Common Area may be annexed.to the Properties with -the. -consent
-of 75% of each class of members. Additional land within the -
Proposed Development Area may be annexed, -by -the Developer without
-4 0- -
r
the consent of other Owners within 8 years of the date of this
instrument. Such annexation shall be accomplished by means
(- of one or more supplemental declarations executed by Developer
and recorded with the appropriate office of land records in
Hennepin County, Minnesota.
Section 7. Notices. Any notice required to be sent
to any Member or Owner under the provision of this Declaration
shall be deemed to have been properly sent 'when mailed post
paid to the last known address of --the -person--who appears as
Member or Owner of the record -of the association at -the time
of such mailing.
IN WITNESS WHEREOF, the undersigned, -being the Developer
herein,.has hereunto caused these presents to be executed this 2544,
day of A Pc; 1979..
-- MISSION ONDS.PARTNERSHIP
By
-A p_This instrument was-Dra€t-ed--By .-
N. Walter Graff
Best & Flanagan
4040 IDS Center
Minneapolis,' -Minnesota 55402
l � b
STATE OF MINIIESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this __Z. day of ,-. , 1979 by Harry J. Jensen, a partner
of Mission Ponds Partr� ship, a Minnesota general partnership,
on behalf of the part ership.
y
" ok. A P
ESOTA
DAKOTA COUNTY
My Commission Expues Feb. 10. 1986.
s
CONSENT
OF MORTGAGEE
The FIRST -NATIONAL
BANK OF--MINNEAPOLIS, -a national
banking association, holder
of .a Combination Mortgage and
Security Agreement and Fixture Financing Statement dated February
_
20, 1-979 and filed �
Z Z , 1979, in the o f ice of the
Hennepin -'County Recorder as
44
Document No. -covering--=
-the Proposed Development Area, hereby consents to the foregoing -
..Declaration of.. Covenants, . Conditions and Restrictions. -for. Mission
Ponds _and agrees to be bound by the same. according to- its terms.
• �a��, l
�� �,;'=
FIRST IONAL BANK_ F MINNEAPOLIS
Co V
`(Cj:rID � deal)-
_
,•••: ;
Its Commercial r„n1-;4� O111: er
I `y yi
-
-42-
(
STATE OF
MINNESOTA )
') SS.
COUNTY OF
HENNEPIN )
r
-
-
The foregoing instrument
was acknowledged before me
this
day of
, 1979, by PAt4/ 5, P" eP
the
of t• a
-First National Bank of kfinneapiil-is,
a nationa
ion, on behalf of the association.
..,
�(_ ...........
Notary Public
G. .R. CHRISTENSON j
NOTARY PUBLIC — MINNESOTA
`
HENNEPIN COUNTY
MY Commission Expires OcL 22, 1979
tl
C_
-
-43- - -
CITY -OF
CHANHASSEN
7610 LAREDO DRIVE*P 0. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: February 27, 1979
TO: Planning Commission and Staff
FROM: Assistant Manager/Planner, Bob Waibel
SUBJ: Near Mountain Planned Residential. Development
APPLICANT: Peter <Pflaum
PLANNING CASE: P-607
The subject proposal was before the planning commission�.at it's
regular meeting of January 24, 1979, for sketch plan review. Since
the sketch plan review, the applicant has prepared the attached
proposed preliminary sketch plan showing interior street patterns,
and proposed lot divisions for the single family areas. The applicant
has furnished me.with a revised data sheet which indicates 142 dwelling
units to be built in zone A, 113.dwelling units in zone C, 62 units
to be built in zone D, and 72 units to be built in zone E... To
refresh you about the proposed phasing and usages, the first phase
is proposed as zone E which will have single family dwt�-lling units,
the second phase is zone D, also single family, and zone C and zone
A interchangable as the third and fourth phase. Zone C is proposed
as condominium and zone'A is proposed to have both condominium and
quad units.
At this stage of plan review, a public hearing is usually ordered to
test the community sentiment against the proposed plans.However,
as you recall there area number of.issues that rake this,plan
considerably more complicated than most, such as the collector street
recommended by staff, the resolution of bi-community issues. such
as park and recreation concerns, public facility provision, and
intragovernment reviews such as the watershed district, EQB environ-
mental assessment, and DNR review. These and other issues will
in all probability need further time for resolution and until such
time as these issues are clarified, a public hearing would not be
most effective.
In reviewing the proposed preliminary sketch plan, I have noted that
the proposed road system does not express the east/west collector
Planning Commissioi� -2-
'"k, February 27, 1979
street as recommended�.in previous reports. In all likelihood this
plan will change considerably since the applicant will have to
demonstrate development alternatives that would account for the east/
west collector street. As shown in enclosure 1, the approximate
alignment recommended by staff will be,from west to east, commencing
at the intersection of Pleasant View Road and the east side of the
Silver Lake sewer easement, and extending eastward around the northern
base of Near Mountain and continuing east along the southern boundary
of the large wetland in the center of project area. Ati.this point
staff believes there are two possible alternatives of roadway deflection
which are shown as option A and option B on enclosure 1. Alternative
A shows that the collector street would veer northeast at the southeast
area of the lowland and continued to a point at the intersection of
Townline Road and Vinehill Road. The general advantage of this alignment
is that it would provide the best curves for mobility, however the
disadvantage would that existing homes on the north side of Townline
Road would have individual accesses to collector grade streets.
Alternative B would likewise commence from the southeast area of the
lowland, and would in a more directly eastward fashion to a point
just west of Trunk Highway 101 at which point a curve would be
constructed to allow for_'mobility from Highway 101 to the collector
street and vice versa and would follow from thence .the present align-
ment of Highway 101 to the proposed crosstown connection. The
disadvantages of this proposal is -that in order to get the optimum
mobility at the intersection of Trunk Highway 101'and the collector
street, more developable land may be needed for the curved sections,
the coming together of two major collector streets in the form of
Highway 101 and the newly proposed collector and with their 90 degree
directional change within a short distance, i.e. intersection of
proposed collector and Trunk Highway 101, the intersection of Townline
Road and Trunk Highway 101, may have a less than desired affect for
traffic movement to the area. It is hoped that we will have full
recommendations on this problem at the next review of the subject
development. Attached hereto is Bill Brezinsky's report of February 26,"
1979; on the proposed collector alignment. As you'will note;- the
city manager has made,comments on this report regarding the previously
used residential standard of 2'8.feet and the possibility that the
city may be changing it's standards for these streetk.
This item was to be discussed at the Park and Recreation Committee
meeting of February 13, 1979, however, the meeting was postponed until
March 6th. From this meeting, it is hoped that most of the issues
regarding parks and trails will be clarified.
Recommendation
I recommend that the Planning Comission encourage the applicant to
proceed with preliminary development plans which take into account the
previous mention of the recommended collector street, and to actively
concern themselves with the intracommunity questions as park lands
and public facilities. Also, the applicant shouldplace an escrow
deposit in the amount of $3,000 with the city treasurer's office in
order -to defray staff costs in processing this application.
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WILLIAM 0.'SCHOELL
CARLISLE MADSON
JACK T. VDSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL
RODNEY B. GOROON
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. O. Box 147
Chanhassen, MN 55317
Gentlemen:
= �� r
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
(612) 936-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 5534a
OFFICES AT HURON. SOUTH DAKOTA AND OENTON TEXAS
February 26, 1979
Subject: Near Mountain Property
Proposed Collector Street,
Utilities, Our File No. 7120.
FFg1979 c
RECF"ED
VILLAGE OF j
c1iANHASSEN,
Attached is a print of the Near Mountain property in Chanhassen
indicating proposed collector street alignment.
Two alternate alignments are shown for the eastern portion of
the roadway. While the northerly route would create a better
intersection with Highway 101, direct driveway access from exist-
ing homes to the north would be hard to avoid. Access on the
southerly route could be controlled. A third alternate, approxi-
mately midway between the two shown, with access at the high
point on Highway 101 is also a possibility. In'other words, we
can be.fairly flexible with the alignment in the eastern partof
the.property. (As long as we adhere to State -Aid Standards) The
locationin the western part.of the property is dictated by the
topography..
The final section recommended would be 44 feet wide gutter to
gutter within an 80-foot right-of-way. This would provide two
12-foot driving lanes and two 10-foot parking or bikeway lanes.
An interim rural section with two 12-foot driving lanes and 10-foot
gravel shoulder is a possibility.
In accordance with past City policy, the developer would be
assessed for a 28-foot wide (gutter -to -gutter) street with concrete
curb and gutter. The remainder of the cost would be paid for out
of State -Aid funds.
We hope this report will clarify the needs for and requirements
of a collector across the Near Mountain property.
n
WJBrezinsky: srt /
attachments ,
/ .t_ W'-'pr -
Very truly yours,
Schoell & Madson, Inc.
WILLIAM D. SCHOELL
CARLISLE MAOSON'
r 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. EMONO
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT HARRI
DENNIS W. SAARI
GERALD L.BACKMAN
City of Chanhassen
P. O. Box 147
Chanhassen, MN 55317
Gentlemen:
SCHOELL & MAOSON, INC.
ENGINEERS ANO SURVEYORS
3B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 5534a
OFFICES AT HURON, SOUTH DAKOTA AND DENTOM TEXAS
February 26, 1979
Subject: Near Mountain Property
Proposed Collector Street,
Utilities, Our File No: 7120_
Y.; ``Y.
�Eg19;9
RFCFTF-D
VILLAGE OF
CHANHASSF-14,
MINH. I
'r" . "00
Attached is a print of the Near Mountain property in Chanhassen
indicating proposed collector street alignment.
Two alternate alignments are shown for the eastern portion of
the roadway. While the northerly route would create a better
intersection with Highway 101, direct driveway access from exist-
ing homes to the north would be hard to avoid. Access on the
southerly route could be controlled. A third alternate, approxi-
mately midway between the .two shown, with access at the high
point on Highway 101 is also a possibility. In other words, we
can be..fairly flexible with the alignment in the eastern part of
the property. (As`long as we adhere to State -Aid Standards) The
location in .the western part. of the property is dictated by the
topography.
The final section recommended would be 44 feet wide gutter to
gutter within an 80-foot right-of-way. This would provide two
12-foot driving lanes and two 10-foot parking or bikeway lanes.
An interim rural section with two 12-foot driving lanes and 10-foot
gravel shoulder is a possibility.
In accordance with past City policy, the developer would be
assessed for a 28-foot wide (gutter -to -gutter) street with concrete
Ccurb and gutter. The remainder of the cost would be paid for out
of State -Aid funds.
We hope this report will clarify the needs for and requirements
of a collector across the Near Mountain property:
Very truly yours,
l:. ' � �'�! . b e r'.e c -. � •r: dux-.,L-1
f Schoell & Madson, Inc.
J WJBrezinsky: srtul�.
�J c rt.:_ ; C c _..0 ot:.•��,r . � ate . ✓
attachments ,
7610 LAREDO DRIVEsP.O, BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
.February 9, 197.9
Near Mountain Properties
Attn:. Mr. Peter Pflaunl, President
5000 Wayzata Blvd.
Minneapolis, tad
Dear Mr. Pflaum:
In regards to your letter of February 5, 1979, the city's consulting
engineering firm, Schoell and I4adson, is in the process of reviewing
various aspects of our municipal water system. As noted in your
letter, this study will include a review of our capabilities to
provide municipal water to properties in the north area including
the Near- Mountain Properties in Chanhassen. Based on tentative
discussions with Shorewood, Schoell and Madson will additionally
review the feasibility of furnishing water from Chanhassen to those
properties in Shorewood abutting our northerly border. It should
be noted that this work -is preliminary, providing city staff with
information necessary in reviewing planning issues, and has not
been considered by the Chanhassen City Council.
When the report by Schoell and Madson has been completed, a copy of
such will be available for your inspection. Additionally, should you
have input, which you believe is necessary for Schoell and Madson to
properly carry out their - report, you are welcome to contact Schoell
and Madson directly.
Should you have any questions in regards to this letter, please feel
free to contact me.
Sincere
Don Ashworth
City Manager
cc: Elsa Wiltsey, Clerk--Adm. (Shorewood)
Bi Brezinsky, Schoell and Madson
ob 11aibel, Asst. Planager/Planner
February 5, 1979
Don Ashworth
City Manager
_City of Chanhassen
Chanhassen, MN 55317
Dear Mr. Ashworth:
As you are aware, we are proceeding with the planning of the
Near Mountain property. This development contains property in
'the city of Shorewood as well as the city of Chanhassen. At
present only Chanhassen has a municipal water system. It is
my understanding that there have been some preliminary discus-
sions between the two cities relative to Chanhassen supplying
Shorewood with water service. I also understand that your
_-consulting engineer is in the process of preparing a report
on your water system.
It appears that the most orderly approach to serving the en-
tire Near.Mountain project with municipal: water service would
be from Chanhassen. Therefore, we are requesting that you
study the feasibility of this approach. Since your consul-
tant is in the process of studying the water system, is it
possible that he might incorporate our request into that
study?
I would appreciate hearing from you on this matter at your
earliest convenience.
Sincer ,
Peter Pflaum
President
cc Elsa Wiltsey, Clerk-Adm. (Shorewood)
PER 1979
HAS
Planning Commission Meeti January 24, 1979
-2-
RULES OF ORDER: Tim Stone moved that the Chanhassen Planning Commission shall
conduct business pursuant to Roberts Rules of Order. Motion seconded by '.:alter
Thompson and unanimously approved.
MEETING NIGHTS: Tim Stone moved that the regular Chanhassen Planning Commission
meeting nights shall be the second and fourth Wednesdays of each month at 7:30 p.m.
Motion seconded by Walter Thompson and unanimously approved.
PARK AND RECREATION COMMISSION: Tim Stone moved that Pat Swenson be the Chanhassen
Planning Commission liaison to the Park and Recreation Commission. Motion seconded
by Walter Thompson and unanimously approved.
SIGN COMMITTEE: Pat Swenson moved that Tim Stone be appointed to the Chanhassen Sign
Committee. Motion seconded by Jerry Neher and unanimously approved.
ALTERNATE TO BOARD OF ADJUSTMENTS AND APPEALS: Tim Stone moved that Gordon Freeburg
be the alternate Planning Commission representative to the Board of Adjus trients and
Appeals. Motion seconded by Jerry Neher and unanimously approved.
PROPOSED PLANNED RESIDENTIALDEVELOPMENT - NEAR MOUNTAIN PROPERTIES: Herb Baldwin,
Landscape Architect, ever . _ aum, 7enerM Fartner, gna two members of -the Shorewood
Planning Commission were present. This 147.95 acre parcel is located in the northeast
corner of Chanhassen with an additional 178.58 acres in Shorewood. The property is
presently zoned R-lA. Sewer and water are available.
The Assistant City Manager/Planner discussed several of his concerns:
1. An east -west collector street through the area.
2. Pedestrian trail. Staff will prepare standards for::.combination trail and collector ,
street.
3. The applicant must prepare an environmental assessment worksheet.
4. This proposal is subject to the criteria of the Riley -Purgatory Creek Watershed
District, DNR, and Carver Soil and Water Conservation Services.
Herb Baldwin gave a slide presentation on the proposed development. The members of
the Shorewood Planning Commission. invited the Chanhassen Planning Commission to their
meeting January 25 at Minnewashta School when this proposal will be discussed.
Single family homes and condominiums are proposed for a total of 389 units in
Chanhassen.
Mr. Pflaum'expressed concern about the proposed collector street going through the
property.
I. It would split the property in two.
2. It would destroy some of the things they are after in purchasing the site and
that was putting the people so they are next to the living environment.
3. A four lane road would have a severe impact just to cut through Near Mountain.
The road would either have to climb up the slope or cut back on it and use
some significant retaining walls or go through the marsh.
They would be willing to listen and try to work a road system as long as it wouldn't
be a four lane road. A road that would meander through the site so it wouldn't
encourage people to drive through the site and a road that wouldn't be right next
to their natural amenities.
Tim Stone moved to recommend the applicant proceed with preliminary development plans,
prepare an EAW, and seek watershed district input and comments. Motion seconded by E
Gordon Freeburg and unanimously approved.
Planning Commission Ming February 28, 1979 -3--
Maaz� ge.x/, Planner recommended that Section 5 be amended to read that no
motor vehicle larger than 9,000 lbs. licensed gross weight shall be
parked or stored outside of the building on the subject property
between the hours of 2:00 a.m. and 6:00 a.m. on any day. Furthermore
the motor vehicles to be stored outside shall be self-propelled light
duty, over the road vehicles also this should be along the western
property line only.
Jim Hawks and Doug Hansen were present. The Assistant City Manager/
Planner and Hansen and Klingelhutz will work out an amendment to the
development contract and return to the Planning Commission for review.
PRESTIGE DEVELOPMENT PRD: This plan was previously presented to the
Planning Commission. The applicant was told to work on an alternative
road design that would reflect the recommended frontage road. The
revised plan shows the frontage road to have a common boundary between
the proposed development and the legion club property. The City Engineer
should take a closer look at the proposed stacking distance between
the intersection of Great Plains Blvd. and the frontage road for its
adequacy and proper alignment for the continuation of the frontage road
to the west. The developer is not proposing for the multiple units
at this time.
A representative of Criteria, Inc. was present to explain the proposal.
The development covers approximately 80 acres located directly west
of Chanhassen Estates. The developer was advised to present his
proposal to the Chanhassen Estates Association. The Developer was
advised to proceed.
NEAR MOUNTAIN, PROPOSED PRELIMINARY DEVELOPMENT PLAN: The applicant
presented a preliminary sketch plan showing interior street patterns,
proposed lot divisions for the single family areas. A revised data
sheet shows 142 dwelling units in Zone A, 113 dwelling units in Zone C
62 units in Zone D, and 72 units in Zone E. The proposed road system
does not express the east/west collector street as recommended by staff.
The Park and Recreation Commission will be meeting March 6 and will
review this proposal.
Mr. Pflaum stated that the main reason they are against the collector
street is it would literally divide the site in half. The reason they
want to buy the site is because it is a secluded area and they can
capitalize on many of the natural and environmental features. The
road as proposed by the city would take some of the most valuable land
that they have chosen. There is no lateral benefit on either side of
the road which makes it a very expensive road for whoever has to pay
for it.
Peter Pflaum - I know if I tried to put that road through that marsh
DNR would never allow it. We can't touch marsh and I
am not sure that even if we said all right we would
work with ,the City and we will put'that road in that
we wouldn't have significant environmental problems
with various governmental agencies even allowing it.
That's really an important point for all of us to
think about because that could stop the whole project.
)CANDIDATES FOR PLANNING COMMISSION: Members will conduct inter
views
of persons interested in serving on the Planning Commission.
REGULA.RQ PLANNING COMIISSION MEETING - August 29. 1979 Page 5
Clark Horn moved to modify the plot to eliminate a lot from the south side of
the dual lot line lots to delete one to have a total of four buildings and eight
dwellings. Motion seconded by Pat Swenson. Voting in favor were Clark Horn,
Roman Roos, Dom Droegemueller and Pat Swenson. Voting no were Jack Bell and
Walter Thompson. Motion approved. The plat is therefore approved as Exhibit "A"
and it will be modified accordingly.
Pat Swenson moved to recommend to the City Council to accept the Preliminary
Development Plan represented on Exhibit "A", Planning Commission 8/29/79, with
the modification made in the previous Clark Horn motion, and with the further
modifications as follows. Motion seconded by Clark Horn.
A. First Page of F-_ & K memo dated August 27, 1979, remains as stands.
B. Second Page, Item No. 5 - Support Park & Rec.fs recommendations,
the 15 ft. easement along the lower portion of the property, that
piece of property being classified as Outlot "A", dedication of the
15 ft. strip including the water control station, the complete area
to be noted as Outlot "A". Park & Rec. are also requesting that
conservation maintenance easement on the creek bed on the south side
of the Chapparal development .
C. Item No. 9 - This is being put in subject to the public improvements
project issue.
D. Item No. 10 is covered with engineering. Item 11 has been covered.
Item No. 12 will be picked up by the Watershed District.
The 12 points referred to are those 12 points set forth in Mr. 'daibelfs report
of August 7, 1979, and responded to by H & K's memo of August 27, 1979.
Motion unanimously approved.
EDEN PRAIRIE, COMPREHENSIVE GUIDE PLAN
DRAFT REVIEW
Mark Koegler presented some key points for the Guide Plan to be reviewed by
the Planning Commission.
PROPOSED PRELIMINARY DEVELOPMENT PLAN REVIEW
NEAR MOUNTAIN DEVELOPMENT
The staff report was presented by Bob 19aibel. He stated that should the Planning
Commission be of consensus that there has been sufficient review time, and infor-
mation provided for concept consideration, a public hearing may be ordered. The
public hearing should'be conditioned upon the applicant posting an escrow with
the City Treasurer in the amount of $1500 to defray Staff costs in processing
the application, that the applicant prepare preliminary development plans as per
section 14 of Ordinance 47, and with the understanding that the necessity for
substantial changes could arise at the preliminary development plan review.
Mr. Herb Baldwin, on behalf of Pflaumwell Development, pointed out the changes
on the new proposal in relation to the previous proposal presented.
3
REGULAR PLANNING COMMISSION MEETING - August 29, 1979 Page 6
He stated that essentially there are very few changes to the scheme from the
original concept. It is a significant change from the standpoint of density
and kinds of housing units. The lay of the ground and the circulation is
basically the same. The significant change is the omission of in this
proposal, the condominium and apartment units have been omitted. The circulation
has been modified to not come out on Pleasant View, but would tie up to 101.
On the previous scheme there were 389 dwellings on 147 acres, and now there are
300 units on 147 acres. Density has come from 2.69 down to 1.9. The average
lot size is 22,500 sq. ft. The smallest lot is 11,000 sq. ft. He discussed
the trails easement, the different phases of the development, and the access
onto 101.
Clark Horn stated he felt it was important to have the information about the
traffic available at the public hearing. That will be a very key issue for the
public.
Jack Bell moved to hold a public hearing on October 10, 1979, on this item,
at a time set by staff. Motion seconded by Clark Horn and unanimously approved.
OPEN DISCUSSION
The subject of John Shardlow's letter to the Chanhassen Planning Commission
dated August 27, 1979, was brought up. The volume of papers for each
Planning Commission Meeting was discussed, and the problem of not knowing
when the papers are going to be delivered to each member for review. It was
stated that the staff and secretarial force is tied up for the City Council
agenda from Tuesday through Friday of the week previous. Reports for the
Planning Commission are started Monday morning.
It was also stated as far as the developers are concerned, there should be a
check list for them to follow before they come before the Planning Commission.
It was suggested that it might be time that the Planning Commission, the Park
and Rec Commission, the hake Studies Committee, the Community Facilities Committee
get together on a barnstorming session to cover a multitude of topics ranging
from dockage to lakeshore usage, to trailway systems, to lot sizes, to sewer
assessments, to zero lot lines, to multiples, to condos, just to set some general
intermediate or interim type guidelines prior to the culmination and completion
of the overall guide plan, so we have something that is consistent and something
that allows everyone to use as a guide until that time.
Pat Swenson moved to adjourn the meeting. Motion seconded by Walter Thompson
and unanimously approved.
Don Ashworth
City Manager
CITY JF
CHANHASSEN
7610 LAREDO DRIVEOP 0 BOX 147-*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: January 22, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner, Bob Waibel
SUBJ: Near Mountain Proposed PRD
APPLICANT: Lundgren Bros. Construction, Inc.
PLANNING CASE: P-607
Petition
Lundgren Bros., Inc. is proposing to develop what is called the
Near Mountain Properties of Shorewood and Chanhassen, into a
planned residential development. The proposal at hand requires
approvals for development plan, amendment to comprehensive plan,
rezoning, subdivision, and possibly conditional use permit.
Background
1. Community Location: As shown in enclosure 1, the subject
property is a 389 acre parcel located in the Northeastern most
corner of the City. The proposal additionally includes 292 acres
in the Southeastern most portion of Shorewood contiguous to the
properties held in Chanhassen.
2. Existing Zoning: The subject property is presently zoned R-lA,
agricultural, residence district. The properties South of the subject
property is presently zoned R-1, single family residence district.
3. Utilities: The subject property within Chanhassen, is within the
sanitary sewer and trunk water service areas.
4. Comprehensive Plan Proposals
.a. Land Use: Pursuant to the adopted City Comprehensive Guide
Plan, the subject property is to assume and maintain a single family
residential identity.
b. Transportation Plan: Pursuant to the adopted City Comprehensive
Transportation Plan, trunk Highway 101 is proposed to be downgraded
to a minor collector with trunk Highway 101 being re-routed East of
Chanhassen and the previous trunk Highway 101 to be turned back to the
County.
y PLANNING REPORT -2- January 22, 1979
Planner's Comments
1. With development proposals of a magnitude as the subject
proposal, there are almost always major areas of resolution. It
is the opinion of this office, that at this time the major areas
include transportation, sewer and water capacities, comprehensive
plan amendment and drainage.
As proposed, the daily trip generation for each district will
approximate the following:
District A -
1400
trips
per
day
District C -
1130
trips
per
day
District D -
640
trips
per
day
District E -
700
trips
per
day
TOTAL
3870
The primary street system appears to have an adequate circulation
pattern, andthe plan additionally has accomodated good public
usage in and around the protection areas in the form of trailways
and open space along the Eastern portion of Silver Lake and the
lowland area in the middle of the development. As you remember
the review of this plan has been postponed for some time now in
order for Staff to view the impacts of Hennepin County's project
to upgrade the crosstown highway through the vicinity of the
intersection of Townline Road and Trunk Highway 101. That study
has been completed by Staff and a detailed report will be forthcoming
before the next review of this item. The essential findings of this
report are that the East-West desire lines for traffic to use the
passage between Christmas Lake and Lotus Lake for destinations
accommodated by the crosstown or in the Northcentral portions of
Chanhassen will be too great for Pleasant ViewRoad to accommodate
at its present configuration. Additionally, this study has determined
that, in all probability, an arterial status roadway is not necessary,
however, a collector status street is recommended. It is presently
the opinion of this office that an East-West collector street is
needed commencing at the intersection of Townline Road and Trunk
Highway 101 and extending roughly along analignment that would follow
the Southern edge of the marsh in the middle of the property, and
continue Southeast in the proximity of the Silver Lake sewer easement
to the intersection of said easement and Pleasant View Road.
An additional element of the transportation proposal for the subject
development is pedestrian access. At previous meetings on the proposal
with the applicant, it was suggested by this office that the plan
include some pedestrian trail corridor such as that indicated on
the development plan. I believe that the inclusion of this trail
section has an utmost meaning and benefit to the pedestrian transportation
element of the comprehensive plan, in that it thoroughly and effectively
links the East Lotus Lake region of the City to the pedestrian corridors
planned throughout the remainder of the City. Based upon my previous
remarks, I believe that the recommended collector street and the
pedestrian trail will share the same corridor, and I, therefore, suggest
at this time that Staff be directed to establish standards for the
right-of-way to accommodate the dual usage.
I IL
.VLANNING REPORT
-3-
7anua.ry 22 ,,. 1;979
The physiography of the subject property contains almost all the
possible conditions to be found in Chanhassen, such as the deep
peat marsh, lakes, and steeply wooded slopes. I feel that it is
important to, at this time, to note that as equally crucial to the
need for a collector street in the manner previously described,is
an equally crucial commitment. by the applicant and the City to
assure physiographic stabilization during construction and upon
completion of said roadway.
The City Engineer has indicated that sufficient sewer capacity
exists for the development as proposed, however, the development
would possibly compound the need for additional above ground storage
capacity for the City system.
The comprehensive plan indicates this area to assume and maintain
a low density single family residential identity. As in other
previous planning reports, and likewise in this one, I have been
of the opinion that comprehensive guide plans densities are amendable
to respond to development market and trends, and land usages on a
case -by -case basis.
Before the next review of the subject proposal, Staff should have
prepared the aforementioned standards for combination trail and
collector street, and recommendation for egress and circulation
to District C (Near Mountain). These standards and recommendations
should be utilized by the applicant in preparing more detailed
development plans.
It is not clear at this time, the nature of the passive recreation
area indicated at the East side of the marsh. It would be appropriate
for the applicant to describe said use at this time.
The applicant should prepare architectural renderings for Planning
Commission review relating to the different density types, and
architectural styles to accommodate the landscape.
Pursuant to Minnesota Statutes Section 105.484 (MEQC Chapter 12, 14,
B, U), the applicant must prepare an environmental assessment
worksheet since the development consists of 50 or more residential
units which is within a shoreland area. Additionally, this proposal
is subject to criteria of the Riley -Purgatory Creek Watershed
District, the Minnesota Department of Natural Resources, and the
Carver Soil and Water Conservation Services.
At the time of writing of this report, arrangements are being made
to meet with the Staff of Shorewood. It is hoped that this meeting
will produce additional verbal information to be delivered at the
Planning Commission meeting concerning the crosstown improvement
project and municipal utilities.
At this time the Planning Commission should restrict their comments
to the proposal's overall consistency with the City's plans,
policies and ordinances.
• P
'PLANNING REPORT
Mc
J uary 22, 1979
Planner's Recommendation
I recommend that the Planning Commission encourage the applicant
to prepare proposed preliminary development plans, prepare an
EAW, seek Watershed District input and comments, and incorporate
concerns of Staff into their development plans.
REVENUE BONDS FOR HOME MORTGAGES
Juran & Moody, Inc.
JURAN & MOODY, INC.
MUNICIPAL BONDS EXCLUSIVELY
114 EAST SEVENTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE 612/298-1500
January -February, 1979
INDUSTRIAL REVENUE BONDS FOR HOUSING
In Minnesota today, five cities have special legislation which allows
them to issue Housing Revenue Bonds to provide home mortgage money at reduced
cost to borrowers. All five are either providing this service to their com-
munity now, or are developing programs to go into operation in the near future.
In addition, several cities have authorized similar programs using the state's
Industrial Revenue Bond law. The first of these programs has cleared the
Securities Commissioner's office now paving the way for future programs of
this type.
The Industrial Revenue Bond program provides a way for growing communities
to be assured that reasonably. priced mortgage money for homebuyers will continue
to be made available to finance the purchase of -new homes within their cities.
There are many reasons why this program is beneficial to the cities,
homebuyers, builders and lenders who serve the community. To understand these
many benefits, the general outline of the program needs to be understood in
some detail. The organizational diagram attached will be helpful in visualizing
the inter -relationships of the program.
To begin, a builder or builder/developer asks that the City consider and
pass a resolution authorizing the issuance of Industrial Revenue Bonds to pro-
vide funds for making low cost home mortgage loans available to purchasers of
the builder's homes. The builder should be able to produce and deliver a large
number of housing units in a reasonably short period of time in order to be
able to meet some of the requirements of the bond rating services. Upon
passage of the resolutions, completion of the necessary legal work by the
Bond Counsel and many necessary arrangements by the Underwriter, the bonds
are sold by the Underwriter and the proceeds of the sale are turned over to
the Trustee.
When the builder sells a home, he provides the buyer with a list of the
participating mortgage lenders participating in the program. The buyer then
makes his application with the lender of his choice for the mortgage loan.
The lender performs his usual functions of processing, approving and closing
the loan with the buyer. The only thing that is done differently under this
program is that the mortgage note specifies a lower rate of interest than
conventional rates. The buyer will make his loan payments to the lender
and all other matters concerning his loan will be handled by the lender.
Once the .loan has been closed, the lender delivers the closed loan to
the Trustee who buys it with the money he is holding from the sale of the
bonds. The Trustee continues to purchase properly closed loans into his
page 2
portfolio as long as the mortgage loan account has money remaining.
The loan portfolio, or "pool of mortgages" as it is commonly called,
becomes the basic underlying security behind the bond issue. The interest
portion of the home loan payments goes to pay the interest on the bonds and
the operating expenses of the Trustee and the loan servicer. The principal
repayments are used to retire outstanding bonds over the life of the mort-
gages and the bond issue.
The pool of mortgages is very heavily insured. The layers of insurance
are there to provide additional security and protection to the bond buyers
against losses which could potentially arise from credit (defaults and
foreclosures), and hazards such as fire, tornado and other damage in the
event the homeowner's policy lapses or does not include a specific coverage.
(The only categories of loss that are not and cannot be covered are nuclear
explosions and war.) The additional layers of insurance are required by the
bond rating services in order to be eligible for an A or better rating of
the bonds, and provide additional security to the City that the bond issue
will not be jeopardized by problems caused by credit or hazard.
BENEFITS TO CITIES AND HOMEBUYERS
Cities see many advantages to a builder sponsored program.
1. Housing growth can be maintained at desired levels even during
periods of high interest rates which would ordinarily cause
cutbacks in construction and loss of growth and jobs.
2. Additional building increases the city's assessed valuation and
can help the city secure more favorable rates for its own general
obligation bond financing. The result is a lower interest cost,
and therefore lower taxes, for all residents of the city.
3. Increased property tax revenues from the new homes increase the
income to the city.
4. Under the right circumstances, the city improvements (sewer, water,
streets, etc.), ordinarily financed through the issuance of gen-
eral obligation bonds, can be financed from the proceeds of the
revenue bonds and deeded over to the city, relieving the city of
this financial obligation for the proposed development.
page 3
Homebuyers realize direct benefit from the program.
1. Homebuyers will receive a mortgage loan with an interest rate
approximately 2% below the current market rate at the time of
closing. To illustrate the importance of this reduction in
interest rate, on a $50,000 home loan, the savings would amount
to $869 per year, or just over $26,000 over the life of the
loan.*
2. With lower monthly loan payments, more potential buyers of lower
and moderate incomes will be able to qualify for home mortgages.
Rising interest rates have made loan payments rise dramatically,
and a 2% reduction in that rate will substantially lower the
home loan -payments. The lower the payments, the greater the number
of otherwise qualified buyers there will be who can obtain home
mortgage financing.
3. This is one of the few programs we -know of that can counter the
problem of inflation so directly and effectively. Homeowners
will receive immediate benefit from the lower cost of borrowing
money to purchase their own homes. Depending on the size and
term of the loan, the savings can range from $40 or $50 per
month to nearly $100 per month.
4. The reduction in interest rate produces savings which are equal
to or greater than a 50% reduction in property taxes.
The remaining information attached to this description of the program
illustrates the organizational structure of the program, shows the various
important layers of insurance covering the bond issue, and lastly, provides
a chart which can be used to approximate the size of loan a family would be
likely to be able to qualify for under both conventional and below market
rate financing.
*Based on a comparison of 30 year loans at 84% and 104q interest respectively.
�1. Single Large
Developer/Builder
2. Land Developer
selling lots to
small custom
builders.
3. Shell Corp.
-made up of two
or more smaller
builder/developers.
I
Underwriter
Juran & Nbody
Bond Buyer
JURAN & MOODY, INC.
MUNICIPAL BONDS EXCLUSIVELY
114 EAST SEVENTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE 612/298-1500
City
Lenders
IServicers
I
Homebuyer
I
r- f
I
I IBond Counsel
\ '` Insurance Coverage
I
THE LAYERS uF INSURANCE COVERING THE POOL G, MORTGAGES
(6) MORTGAGE POOL INSURANCE
(5) PRIVATE, FHA VA
MORTGAGE INSURANCE GUARANTY
INSURANCE
(4) LENDER/SERVICER ERRORS AND OMMISSIONS POLICY
(3) MORTGAGEE SINGLE INTEREST HAZARD INSURANCE
(2) SPECIAL HAZARD INSURANCE
(1) HOMEOWNER'S FIRE INSURANCE AND EXTENDED COVERAGE (FLOOD INS., IF REQUIRED)
CONVENTIONAL LOANS CONVENTIONAL I FHA INSURED LOANS
INSURED LOANS
�^
EARjk
3,.
s
VA GUARANTEED
LOANS
y
(1) A Standard Fire and Extended Coverage Poles insures against physical damage or
destruction of the improvements on the property by fire, lightning, explosion, smoke,
windstorm, hail, riot, strike and civil commotion subject to the exclusions of each
individual policy.
(2) A Special Hazard Insurance Policy insures against all risks of direct physical
loss -(excluding losses resulting from war and nuclear explosion) if the insured
property has been damaged while default has occurred or after the Servicer has obtained
title to the property through foreclosure or deed in lieu of foreclosure.
(3) A Mortgagee Single Interest Hazard I_ns.urance Policy is maintained to protect against
the possibility that a Homeowner's Policy could lapse, unknown to the Trustee, and not
be renewed. (This policy would not be necessary in instances where the program required
the escrow of insurance premiums with the monthly payments. If payments were missed and
insurance lapsed, the Servicer or Trustee would be required to purchase and maintain
homeowner's coverage.)
(4) A Lender/Servicer Errors and Ommissions Insurance Policy and Fidelity Bond in°the
form and substance required by FNMA or FHLMC will be maintained to insure against errors
and ommissions of its officers or employees in performing its obligations under the
Origination and Servicing Agreements and to insure against misappropriations of funds.
(5) Private Mortgage Insurance on any conventional loans where the Loan -to -Value ratio
exceeds 80% or FHA Insurance on FHA insured loans or the VA Guaranty on VA loans will
be required to be in effect prior to the Trustee purchasing these loans. This insurance
protects the Trustee from the largest portion of the loss exposure in the result of
default leading to a foreclosure.
(6) Mortgage Pool Insurance insures against losses to the Trustee resulting from fore-
closure which are not covered by the equity in the Real Estate, the Private Mortgage
Insurance, the FHA Insurance or the VA Guaranty. The Pool coverage can be purchased
in amounts from 7% to 15% of the value of the Mortgage Pool with the usual coverage
running at 10%.
MORTGAGE LOAN CHART
Illustrating the Effect on Borrowing Power
Resulting from a 2% Reduction in the
Interest Rate*
(1)
(2)
Lenders
Mortgage
(5)
(6)
Gross
Gross
Allowable
Payment
Loan
Loan
Annual _12
-
Monthly
x25%=PITI For _20%=
(Principal
Amount
Amount
Family
Family
Housing
And Interest)
At
At
Income
Income
Expense
Available
10.25%
8'.25%
$10,000
$ 833
$208
$166
$18,500
$22,000
12,000
1,000
250
200
22,200
26,400
14,000
1,167
291
233
25,900
30,800
16,000
1,333
333
266
29,600
35,200
18,000
1,500
375
300
33,300.
39,600
20,000
1,667
416
333
37,000
44,000
22,000
1,833
458
366
40,700
48,400
24,000
2,000
500
400
44,400
52,800
26,000
2,166
541
433
48,100
57,200
28,000
2,333
583
466
51,800
61,600
30,000
2,500
625
500
55,500
66,000
32,000
2,666
666
533
59,200
70,400
34,000
2,833
708
566
62,900
74,800
To use this chart, locate the family income level in column (1). Read across to
column (4) to get an idea of how much that family could reasonably expect to be able
to spend for principal and interest monthly. Column (5) shows the size of mortgage
loan that the payment in Column (4) could support at the conventional interest
rate. Column (6) shows how the size of loan is increased with the lower interest
rate made possible with Revenue Bond financing. The payment size has stayed the
same.
*All figures in whole dollars -cents not shown. All loan amount calculations assume
29-year amortization. Figures shown in loan amount columns have all been rounded
down to the nearest $1-00.
PFL&\4ELL
Development Partnership
935 East Wayzata Blvd.
Wayzata, Minnesota 55391
(612) 173-UO0
I. Pflaumwell Development Partnership's interest in the subject property
and authorization to make this application.
Appended are title opinions prepared by Best & Flanagan which indicate
that Near Mountain Properties, grantor of the option to the subject
property, has good title to the land.
The option agreement and extension thereof, also appended, provide for
the transfer of ownership to Peter Pflaum and Patrick C. Wells,
(Pflaumwell) and specifically authorize application for the approval
here sought. (See Section 7 of the Option Agreement.)
WARD B. LEwIs
CHARLES S.FSL•LLOwS
HAROLD C. EVARTS
JOHN R. CARRULL
JAMES D. OLSON
ARCIIIBALD SPENCER
ROI3ERT M. SHARE
Rosr_RT L. CriosuY
LEONARD M.ADDiNGTO\
RO.BF.RT R. BARTH
N.:VALTER GRAFF
ALLEN D. 13ARNARD
RICHARD A.PET£RSON
THOMAS D. CARLSON
FRANK E. VOGL
MARINUS W. VAN PUTTE:N, JR.
JAMES C. DIRACLES
.LAMES A. HORNIG
JANIE S.MAYERON
ROBERT J. PRATTE
ROBERT L.MELLER
CIIARLES C. BEROUIST
BEST & FLANAGAN
ATTORNEYS AT LAW
4040 IDS CENTEIZ
MINNEAPOLIS, MINNESOTA 55402
(612) 339-7121
CABLE: BESTLAW
August 21, 1978
Stephen R. Pflaum, $5;1
Leonard, Street and-Deinard
1200 National City Bank Building
Minneapolis, Minnesota 55402'
Dear Mr. Pf laum:
OF COUNSEL
GZORGE MALONEY
LEONARD W. SIMONET
.TAMES I. BEST
(1902-19GG)
ROBERT J. FLANAGAN
(1898-1974)
Premises: That part of the Southeast 1/4 of the Northeast 1/4
and of the Northeast 1/4 of the Southeast 1/4 of Section 36, Township
117, Range 23 lying southerly of the center line of the Town Road.
Government Lots 5 and 6 and the Southeast 1/4 of the Southeast 1/4
of Section 36,--Township 117, Range 23,- according to the Government
Survey thereof. (The North line of said Government Lot 5 is marked
by Judicial Landmarks set -pursuant -to Torrens Case No. 13685).
we have examined the title to the above described premises as of June 14,
1978 , at 7:00 A.M., based on Torrens Certificate No. 489180 and other
pertinent records. From such examination, we conclude
that said premises were owned as of that date in fee simple by
Near Mountain Properties, a partnership of which Roger L. Baker,
William M. Baker, Robert Onan, Russell W. Lindquist, Virgil C.
Sullivan, John M. Hollorn, Conley Brooks, Sr., are partners.
Such ownership is subject to the following:
1. Rights, if any, of the parties in possession other than said
owners.
2. Mechanic's lien rights, if any, for recent improvements upon
said premises or property connected therewith.
BEST 8. FLANAGAN
3. Special assessments, if any, which may be levied upon said
premises.
4. Public zoning or building ordinances and regulations.
5. Facts which would be shown by a survey of said premises.
6. Second 1/2 of 1978 taxes not paid.
7. Mortgage, Document No. 1259273, dated January 23, 1978,
filed February 8, 1978, from Near Mountain Properties,
a co -partnership, to First Federal Savings and Loan
Association of Minneapolis, a United States of America
corporation, in the amount of $400,000.00.
A Mortgagee's duplicate was issued.
This mortgage contains a provision for acceleration of
the unpaid balance of the mortgage if the property is
sold,.unless prior approval of the buyer is given by the
mortgagee.
8. Existing roads. Maps show a town road on the Northeasterly
edge and Vine Hill Road on the East edge of the premises.
9. Rights of the State in the bed of the lake.
NOTE: The Owner's duplicate was at the courthouse on August 17, 1978.
Yours Xery truly,
Richard A. Peterson
BEST & FLANAGAN
RAP / j kr
OPTION AGREEMENT
THIS AGREEMENT, made and entered into'las of May 1, 1978, by
and between Near Mountain Properties, a Minnesota co -partnership
consisting of Horace Hitch, Lois C. Onan and C. Warren Onan, as
Executors of the Estate of ROBE RT ONAN, and WILLIAM M. BAKER, ROGER
L. BAKER, RUSSELL W. LINDQUIST, JOHN M. HOLLERN, VIRGIL C. SULLIVAN
and CONLEY BROOKS, SR. (herein "Near Mountain"), as Seller, and
PETER PFLAUM and PATRICK C. WELLS (herein collectively "Buyer"), as
Buyer:
WITNESSETH:
WHEREAS, Near Mountain is the owner in fee of that certain real
property situate in Hennepin and Carver Counties, Minnesota, and
more particularly described in Exhibit A attached hereto and by this
reference made a part hereof (herein "the property");
WHEREAS, Buyer desires to acquire an option to purchase the
property from Near Mountain; and
WHEREAS, Near Mountain is willing to grant Buyer an option
to purchase the property, all on the terms and conditions herein
contained;
NOW, THEREFORE, in consideration of the premises and the
undertakings hereinafter described, the parties hereto agree with
each other as follows:
1. Grant of option by Near Mountain; Option Price. Near Mountain
hereby grants to Buyer (-and Buyer's assigns, as herein provided) the
exclusive
right and option
to purchase the
property at
any time
during the
option period as
hereinafter set
forth for a
purchase
price of payable on the terms, in the amounts, subject
to the adjustments, and to all the terms and conditions as set
forth herein.
2. Development work by Buyer: Buyer hereby agrees to
commence promptly and pursue diligently applications for rezoning
and preliminary concept approval for planned unit development
of .the property from the municipalities of Chanhassen and Shorewood
for the development of the same into single family housing, (Buyer
has the right, but not the obligation, to attempt to obtain approval
for the development of approximately % of the property into multi-
family housing units). Buyer shall bear all cost and expense in
connection with the work described in the preceding two sentences.
The purchase price of
set forth in paragraph l.has been
calculated by the parties on the mutual assumption that the property
will consist at a minimum at the conclusion of rezoning, platting
and development, of buildable lots for single family
residences, herein "the total residential units," all net
of any land required to be dedicated for parks, roads, wetlands
(or otherwise left in natural state), and/or other public easements
and/or improvements. If at any time during the initial term of this Optio
Agreement, Buyer determines in Buyer's sole judgment that Buyer is
not, or will not be, able to obtain the required total residential
units as aforesaid (or will not be able to obtain the same at terms
Buyer, in Buyer's sole judgment, determines are economically viable to
Buyer) Buyer may terminate this option, and any development work required
of Buyer under this -paragraph, by delivering written notice thereof to
Seller hereunder. Buyer's obligations to Seller under this paragraph
shall cease as of the date such notice is mailed to Seller hereunder.
-2-
3. option ;_eziod. The initial term of this option to purchase
shall commence on the date hereof and end April 30, 1979.
4. Exercise m:f option. Buyer may exercise this option
by executing and delivering to Near Mountain two copies of a
purchase agreement In the form attached hereto as Exhibit B
and made a part hereof by reference (herein "the first purchase
agreement") for a portion of the property to be sold and conveyed
thereunder (herein "'the land"), legally described by a survey
prepared by a registered surveyor and accompanied by a proposed
preliminary subdivision map showing the land to be purchased
thereunder which is developable into a subdivision consisting of
at least of the total residential units.
(Exhibit B has been prepared as a model only, and shows the terms
of sale hereunder assuming the land to be purchased was equivalent
to residential units. Actual dollar amounts set forth in the
purchase agreement will be adjusted as aforesaid to reflect
the amount of residential units being sold thereunder.) -Near
Mountain shall, promptly upon receipt of the aforesaid two copies
of purchase agreement, execute and return one copy thereof -to Buyer.
5. Terms of purchase.
A. Price.— The price of the land .to -.be conveyed --under -
the first purchase agreement shall be equal .to (a) the total
purchase price for all of the property of -being divided
by the total residential units, (b) multiplied by the number of
residential units permitted on the land to be -conveyed under
the purchase agreement. .(For example, if the property
is rezoned to permit units, the calculation would be
as follows:
-3-
release
price for lots.) In the event the number of total residential
units is not known to the* parties. at the time of the computation of
the purchase price under the first purchase agreement, the purchase
price under the first purchase agreement shall be computed upon
the assumption that the property when fully platted and .subdivided
will consist of residential units. The parties, at the time
of execution of subsequent purchase agreements pursuant to sub-
sequent options hereunder, shall adjust the dollar amounts then
due and owing to reflect the debit or credit balance resulting
from the first purchase agreement after the number of total
residential units becomes known to the parties. In the event
the number of total residential units is not known at the time of
computation of the purchase price under the first purchase agreement
as aforesaid, and in the event Buyer does not elect to purchase mor(
land than that provided under the first purchase agreement, the
purchase price fixed for the first purchase agreement under this
subparagraph 5.A.shall be deemed to be final.
B. Real Estate Taxes; Payment of Purchase Price. The purchase
agreement will provide that Buyer is to pay real estate taxes and
installments_ of special assessments .(if ang)'- due an_-d -payable in the
year of closing and thereafter. Near Mountain shall pay any and
all real estate taxes and installments of special assessments due
and payable prior thereto. The purchase agreement shall further
provide for payment at the time of execution of the same, of a•
sum equal to -% of the purchase price for the land (excluding
for this purpose the calculation of interest thereon) as -earnest -
money and down payment thereunder, and payment of the then balance
-4-
i
of the purcha;-se price for the land (including both principal and
interest accr=.sed thereon to the date of closing) on or before
April 30, 1979, (the exact date to be established atIBuyer's
election), whiich date shall be the date of closing on the sale
of the land t:::o be conveyed under such purchase agreement.
6. Right of .iccess. From and after the date of this option
agreement, and so 2 ong as Buyer's option rights hereunder continue
in full force and e� ffect, Buyer and Buyer's engineers, surveyors,
employees and agen _s shall have the right, all at Buyer's own cost
and expense, to enter upon the property to survey the same and
to conduct soil teats thereon. Buyer shall defend, indemnify and
hold Near Mountain :and the property harmless from any liability
and claims thereof, and from any and all mechanic's and mate rialmenIs
liens resulting frcan,any and all activity of Buyer and/or Buyer's
engineers, surveyors, employees or agents thereon. Provided, further,
that Buyer shall make no improvements to said land, including,
without limitation, installation of utilities, services or roads,
prior to the date of conveyance of the affected property to Buyer
hereunder.
7. Preliminary platting. -- From and --after-" the --date of this
option agreement, and so long as Buyer_Is option rights hereunder
continue in full force and effect, Buyers shall have the right, all.
at Buyer's own cost and expense, to -.apply for and obtain such approvals
as are required.by the communities in which -the property is situate,
and such approvals as are applicable from other -relevant governmental
authorities, both; state and federal -including without- limitation
approvals under the Minnesota_ Environmental Quality Act, the Minnesota
-5-
Department of Natura_'Resources, and under the ules and regulations
of the U. S. Army Corps of Engineers, and the rules and regulations
of affected watershed districts, if any, as are necessary, in
Buyer's sole judgment, for the rezoning, platting and development
of the property for such density as Buyer shall elect. Near Mountain
agrees to cooperate with Buyer' in all such applications and to sign
such documents in connection therewith as are required by said
municipalities and other public authorities. Buyer will submit all
preliminary plats to Near Mountain for approval. Near Mountain
will not unreasonably withhold consent therefrom, and undertakes
to -express any objection thereto in writing to Buyer within 5 business
days of the receipt thereof from Buyer. If Near Mountain fails to
respond to Buyer within 5 business days as aforesaid, Near Mountain
will be deemed to have assented thereto.
8." Lapse of option. In the event Buyer does not exercise
this option to purchase the land in the manner aforesaid during
the term hereof, this option and this agreement shall lapse and
terminate at the completion of such term, and Buyer shall have
no other or further interest in the property and neither party
herein shall have any liability to the other party hereunder.
9. Additional options. In the event Buyer elects to exercise the
initial option -by executing a_purchase_agreement fora portion
of the property, -all in the manner set forth herein, and all on
or before April 30, 1979, and Buyer has fully performed to date
thereunder, Buyer shall have the exclusive right and option to
i
purchase the remainder of the property not.sold under the first
purchase agreement (herein "the sddecond option") for the purchase
price and on the terms provided under the first option as herein -
before provided, except as modified by _this paragraph 9.
-6-
1 l 1
A. The, tex of the second option sha commence as of
the date Buyer exercises the first option and run to and through
April 30, 1980.
B. Buyer may exercise the second option on or before
April 30, 1980 by executing and delivering two copies of
a purchase agreement in the form provided by Exhibit B
hereto, accompanied by a copy of survey and proposed
preliminary plat as aforesaid (herein "the second
purchase agreement"). Near Mountain shall, promptly
upon receipt of the aforesaid two copies of a
purchase agreement, execute and return one copy to
Buyer. The portion of the property to be sold under
the purchase agreement shall again be developable into a
subdivision consisting of at least of the total
residential units. The land to be sold under the second purchase
agreement shall be contiguous to the land sold under the first
purchase agreement.
C. The price of the land to be conveyed under the second
purchase agreement shall be computed in the manner_ provided under
paragraph 5. herein, provided, however, that the origi.nal_-price
per unit shall be increased by % (in the example _given under_para-
graph 5. the original price per unit would increase_ from- per _
unit to per unit). The date of closing on the land purchased__
under thel second purchase agreement shall be April 30, 1980 or _
earlier at Buyer's election.
D. In the event Buyer elects -to exercise the second option in
the manner aforesaid on or before April 30, 1980, and Buyer has
fully performed to date hereunder and under the second purchase
agreement, Buyer shall have the exclusive right and option (herein
"the third option") to purchase the remainder of the property not
1 -7-
sold under the first and second purchase agreements for the purchase
price and on the terms provided under the first and second options,
except as modified below:
(i) The term of the third option shall commence as
(ii)
(iv)
(v)
of the date Buyer exercises the second option and run
to and through April 30, 1982. Buyer may exercise
the third option in whole or in parts (by using one or
more sets of purchase agreements) on or before
April 30, 1982 in the manner described under
paragraph 9.B. above.
The original price of the land to be conveyed under
the third option (and the third purchase agreement
and under such subsequent purchase agreements executed
pursuant thereto, as the case may shall be increased
again by % per year (
per residential unit
for land on which an option if exercised after April 30,
id
1980, and per resential unit for land on which
an -option is exercised after April 30, 1981, in the example
given under paragraph 5.).
Buyer shall pay interest on the balance of purchase price of
the land to be sold under the -third -option at the
aforesaid rate commencing as of the date Buyer exercises
the third option and running to and -through-the date of -
closing on each purchase agreement executed thereunder,
which date of closing shall be April'30, 1982,-or
earlier, at Buyer's election.
The land to be sold under -the third option shall be
contiguous to land previously sold hereunder.
In order for Buyer to qualify for the fourth option
under subparagraph 9.E. hereunder, Buyer must have
closed, under this third option, on the purchase
of an additional -)f the total
residential units, all on or before April 30, 1982.
E. In the event Buyer elects to exercise the third option
as aforesaid, and Buyer has fully performed to date under the
third purchase agreement (and under such subsequent purchase
agreements executed pursuant hereto, as the case may be), Buyer
shall be granted a fourth option and, in the event Buyer fully
performs thereunder, a fifth option. The terms and conditions
of the fourth and the fifth options shall be as set forth above,
including without limitation thereto the requirements that:
(i) The fourth option shall commence as of the date
the third option is exercised and terminate if not
exercised by April 30;= 1984. The fifth option shall
commence as of the date the fourth option is exercised and
terminate if not exercised by April 30, 1986.
(ii) The purchase agreements provided under the fourth option
shall provide for a date of closing thereon on or before_
Apri1.30, 1984. The purchase agreements provided under
the fifth option shall provide for a'�date of closing
thereon on or before April 30, 1986.
(iii) The purchase price of the land subject to the fourth
and fifth options shall be increased an additional %
of the original price per -residential unit
for each such successive year. (Under the
example, the price of the land to be conveyed under an option
exercised after-Njdl3j, 1982 would be per residential
-9-
0
unit; after April 30, 1983 would be
tial unit; after April 30, 1984 would be
per residen-
per resi-
dential unit, and after April 30, 1985 would be )er residentia
unit.)
(iv) In order for Buyer to qualify for the fifth option,
Buyer shall have closed, under the fourth option, on
the purchase of an additional
of
the total residential units, all on or before April
30, 1984.
F. Any language herein to the contrary notwithstanding,
the successive options granted hereunder shall not extend in time
beyond April 30, 1986.
10.!:- Credits for,; Prepurchases . In the event, under the
initial option granted, Buyer elects to purchase more than the minimum
of the total residential units,
any such additional purchases over the required minimum shall be
credited pro tanto against the amount of land which Buyer is required
to purchase hereunder as a condition to obtaining -the -second
option. (For example, if Buyer elects to purchase land equivalent to
residential units under the first option, instead of the required
minimum of land equivalent to residential units, in the example
given in paragraph 5. herein, the' additional lots purchased over the required
minimum would be credited against the lots Buyer would be required
to purchase under the second option in order to.obtain the third
option. under the example given in said paragraph 5. Buyer, under the
3i
3
example described in the preceding sentence, would only be required
to purchase additional lots during the term of the second
-10-
option in order to qualify f-„ the third option. The right of
prepurchase under this paraaY61,11 10 shall extend only to prepurchases
made under the initial optiot, torm.
11. Prepayments not to affect_ncreases in land costs. The
increase in land costs provided under subparagraphs 9.C., 9.D.(ii),
and 9.E.(iii) have been agreeg upon by the parties hereto to
reflect the inflation in land value during the terms of the
successive options. Any language herein to the contrary notwith-
standing, any right of Buyer to credit more than minimum purchases
under one option against the amount of land to be purchased
under the successive options shall not affect the price of the
land purchased under successive options: the date of exercise
of an option hereunder alone shall determine the price to be
paid for the land to be so sold and conveyed. (For example, under the exarrpl
any land for which an option is exercised after April 30, 1979
would cost per residential unit; any land for _which an
option is exercised after April 30, 1980 wouldcost _ _
- _ _ per
residential unit, all irrespective of whether Buyer has purchased
more than the minimum land,required in preceding years.)
12. Real -.estate taxes and special assessments. Any language
herein to the contrary notwithstanding, from and after January 1, 1980_,__
and so long as there is an option granted hereunder in full force
and effect, Buyer shall pay as additional consideration_ for
the successive options herein granted any and all -real estate taxes
due and payable on .all of the property. Buyer shall, in addition,
-11-
pay any installments of special assessments due and payable as
of the date Buyer is to pay real estate taxes on a portion or
portions of the land under the preceding sentence, and thereafter.
Except -as is otherwise specifically provided in this paragraph 12,
Near Mountain shall pay all real estate taxes and special assessments
when due and payable on the property. Provided further, that
nothing in this option agreement shall relieve Near Mountain of
its obligation to pay in full any real estate tax and/or special
assessments recapture adjustments resulting from all or any portion
of the property having been placed under the tax deferment provisions
applicable to agricultural land under the Minnesota Agricultural
Property Tax Law, M.S. §273.111, as amended (the "Green Acres" statute).
13. Development Covenants by Buyer.
A. Negative Covenants. Buyer will not develop,
or permit the development of, any portion of the property
Buyer (or Buyer's assigns) purchases hereunder, in a_manner
which will bedmaterially detrimental to the then market
value of that portion of the property not previously conveyed
.hereunder. Buyer will -not require conveyance of land hereunder_
in such size or configuration as to cause -that portion -of the
property remaining . unsold -hereunder (herein "the unsold
property") no longer to have access to public roads, or not
to comply with the zoning and subdivision ordinances and regu-
lations of the respective municipalities -then in -effect. -Without
the prior written approval of Near Mountain, Buyer will not
cause, suffer or permit the unsold property to become subject
to special assessments the principal purpose of which is
to improve all or a portion of the property previously sold hereunder
-12-
B Parcel 11. Tittached hereto and incorporated
herein by refez)ce as Exhibit B is a pre^;urinary land use
map showing all of the property. In the event Buyer desires
to purchase all or a substantial portion of the property de-
scribed as Parcel before Buyer has purchased at least
of all of the property, Buyer and Near
Mountain will negotiate a premium to be paid to Near Mountain
for such early purchase of Parcel 11. Such premises will be
credited to the total purchase price payable hereunder.
14. Real estate commissions. Near Mountain shall pay,
hold harmless, defend and indemnify Buyer from any and all
real estate commissions and/or claims for the same, which may
be due or arise out of the purchase of any of the property
hereunder. Buyer hereby represents to Near Mountain that the
only parties with whom Buyer has discussed the transaction
herein made (other than principals and agents of Near Mountain)
are
15. Examination of title. Near Mountain shall promptly
after the execution of this agreement provide Buyer with abstracts
of title certified to date to include proper searches covering
bankruptcies, State and Federal judgments and liens. Buyer shall
be allowed 14 business days after the receipt thereof for examination
of•title. Any existing encumbrances of record, and not then
raised in writing to Near Mountain shall be deemed to be waived on
any land purchased hereunder. The preceding sentence shall not pre-
clude Buyer from raising as objections to title matters suffered or
permitted by Near Mountain and not consented to by Buyer subsequent to
the date of such examination.
16. Survival. All of the terms, conditions and agreements herein
contained shall survive the closings on portions of the property
contemplated hereby. This option agreement shall be binding upon and
-13-
inure to the bc•n�•fr-) of the parties hereto ar-� their respective
heirs, successors and assigns.
17. Assignment. Buyer shall have the right to assign this
option agreement to either a general or a limited partnership,
provided that such general or limited partnership includes
Peter Pflaum and Patrick C. Wells among its general partners.
Any such assignment of Buyer's right, title and interest here-
under shall not require such partnership to assume any liability
to Near Mountain other than as set forth herein, and shall not
require any limited partners under any such limited partnership
to assume or otherwise guarantee any of the provisions herein.
18. Notice. Wherever in this option agreement it shall be
required or permitted that notice or demand be given or served
by either party to this agreement upon the other, such notice or
demand shall be given or served and shall not be deemed to have
been duly. given or served unless in writing and forwarded by
registered or certified mail, postage prepaid, addressed as follows:
To Near Mountain: Mr. James Peter
C/o Sanvid Investment Corp.
4900 IDS Building
Minneapolis, Minnesota 55402
With A Copy To: Mr. Russell W. Lindquist
Dorsey, Windhorst, Hannaford, Whitney
& Halladay
First National Bank Building
Minneapolis, Minnesota 55402
To Buyer: Mr. Peter Pflaum
c/o Lundgren Bros. Construction, Inc.
1421 E. Wayzata Boulevard
Wayzata, Minnesota 55391
With A Copy To: Mr. Stephen R. Pflaum
Leonard, Street and Deinard
1200 National City Bank Building
510 Marquette Avenue
Minneapolis, Minnesota 55402
-14-
i
Such addresses may be changed from time to time by either party
serving notice as above provided.
IN WITNESS WHEREOF, the parties hereto have executed
this option agreement the day and year first above written.
SELLER:
Executors of the Estate
of Robert Onan
NEAR MOUNTAIN PROPERTIES, a
co -partnership
B CCC-rezr. � . .
Y g G �T
William M. Baker
By
Roger .1;'! Baker
r
BY
�u.se 1 W. Lindquist
( By 744s�'��
( H race Hitch
( Lois C. Onan
BY
( C. Warren Onan
By ,
John M. Hollern
Virgil C. gullivan
BY /
Conley B ooks, Sr.
-15-
- PARTNERS -
Pe er Pflaum
BUYER:
P C , U J d_(2,
Patrick C. Wells
STATE OF MINNESOTA)
1 ss.
COUNTY OF HENNEPIN)
The fore'ng instrument was acknowledged before me this
5p�day of LXj , 1978, by WILLIAM M. BAKER, one of the
go
Partners of N MOUNTAIN PROPERTIES, a Minnesota co -partnership,
on behalf of t co -partnership.
No ublic
STATE OF MINNESOTA) NOTARYryES W.LIC -M �NEso A
SS. . HENNEPIN COUNTY
COUNTY OF HENNEPIN) my Commission Expires Jan. 21,1982.
x " v-vvvv-i r x
TTh�he foreit
' g i strument was acknowledged before me this
�Q�7rtday of 1978, by ROGER L. BAKER, one of the
Partners of NMO IN PROPERTIES, a Minnesota co -partnership,
on behalf of co- artnership.
N I
y ru.nlic i
STATE OF MINNESOTA) - AA�>��i*AM
JAMES W. PETER
s s . !, NOTARY PUBLIC -MINNESOTA
COUNTY OF HENNEPIN) HENNEPIN COUNTY
n
' My Commission Expires Jan. 21, 1982. X
he_fo"AR
nstrument was ac nowledged before -me this
day o, 1978, by RUSSELL W. LINDQUIST, one of the
Par ners ofTAIN PROPERTIES, a Minnesota co -partnership,
on behalf opartnership.
Notary Public
JAMES W. PETER
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My Commission Expires. Jan. 21, 1982.
-1C-
n
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
On this iday of Eunt�.
� 1978, before me, a Notary
Public within for said7! nd State personally appeared p y ppe red
Horace Hitch, Lois C. Onan who stated that they
are the duly appointed Executors of the Estate of Robert Onan, and
that they acknowledged they executed the foregoing instrument as
Executors of the Estate of Robert Onan, one of the partners of
NEAR MOUNTAIN PROPERTIES, a Minnesotajco-partnership. /--7 A
ry Pub l is - - �/
STATE OF MINNESOTA)_AWAk&k&A"'A
JAMES W. PETER
S S . NOTARY PUBLIC - MINNESOTA
COUNTY OF HENNEPIN) � �� HENNEPIN COUNTY
My Commission Expires Jan. 21, 1982.
x1yvyvvyY 1'VVtlS�7nbVlrt'YYrrYV�O+}�
The fore in instrument was acknowledge before me this
day of , 1978, by JOHN M. HOLLERN, one of the
Partners of R NTAIN PROPERTIES, a Minnesota co -partnership,
on behalf of he -partnership.
C•
STATE OF MINNESOTA) JAMES W. PETER
�. NOTARY PUBLIC -MINNESOTA
ss •
COUNTY OF HENNEPIN) HENNEPIN COUNTY
My Commission Ex-irp� Jan. 21, 1982. s
X�►Y dlYl�'�vvWdV''Sv :�X
The foregoing ' strument was acknowledged before me this
_&ay of 1978, by VIRGIL C. SULLIVAN, one of the
Partners of R M AIN PROPERTIES, a Minnesota co -partnership,
on behalf of t1he c partnership.
J
y Public
A f.AA&"AkAUAA""X
STATE OF MINNESOTA) JAMES W. PETER
s s . NOTARY PUBLIC -MINNESOTA
COUNTY OF HENNEPIN) HENNEPIN COUNTY
My Commission Expires Jan. 21, 1982.
�rfvvyvvyvyvyTyyyyyvyvyvyX
he foreg.ing�instrument was acknowledged before me this
_ 3 Clay of _ , 1978, by CONLEY BROOKS, SR., one of the
Partners of i i AeR ;t�TAIN PROPERTIES, a Minnesota
on behalf of he -partnership.
■
co -partnership,
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
The foregot
ng instrument was acknowledged before me this
day of� C,�% , 1978 by PETER PFLAUM.
MARGARET A. BONNETT
=' HENNEPIN COUNTY
NOTARY PUBLIC-MINNESOTA'
MY COMMISSION EXPIRES APR. 27. 1983
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
No ar ublic
,the foregoing instrument was acknowledged before me this
day of , , 1978 by PATRICK C. WELLS.
_ MARGARET A. BONNETT
HENNEPIN COUNTY �911�If
�No ry ublic
1-'
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES APR. 27. 1983
mom
I
Minnesota
a Department of Transportation
District Five
5801 Duluth Street
of Tad' Golden valley, Minnesota 55422
October 2, 1979 (612) 545.3761
Mr. Bob Waibel
Assistant Manager/Plafiner
7610 Laredo Drive
Chanhassen, Minnesota 55317
S.P. 2736 T.H. 101
Review of Access to Near Mountain Development
located west of TH 101 between West 64th Street
and Townline Road
Dear Mr. Waibel:
As per our discussion at the meeting held at the Chanhassen City Hall
on September 25 in regard to the above referenced access, we would like
to go on record with the following comments:
- The entrance is proposed to intersect TH 101 approximately 550 feet
north of Pleasant View Drive. Based on our field review, we feel this
location is hazardous and unsafe. Our main objection to this location
is the hill crest just north of it. This crest restricts sight
distance to the proposed intersection to approximately 500 feet +,
We feel the minimum necessary at this location is 600 feet. This
assumes cars would be traveling at 40 MPH'speed or less.
- We feel the best and safest location for access to this area from
TH 101 should be at the Pleasant Avenue intersection. This location
has very adequate sight distance and an added advantage of flatter
grades on TH 101, (5% + at the proposed entrance and 1% + at Pleasant
View) .
We understand that the main objection to a connection at Pleasant
View is that traffic from the plat would go west on Pleasant View and
use it as a through street. In our opinion, a connection to TH 101
via Pleasant View would offer more opportunity to limit this move.
The connection can be designed and signed to all but eliminate this
move. (Note the passenger car wheel tracks on the attached sketch.)
To make a right turn a car would have to drive over the island and
the other side of Pleasant View.
If you need additional information or have any questions, please feel free
to contact myself or our District Traffic Engineer Mr. Mike Robinson.
Sincerely, -- _
3 4 5 6 ,X�9�`
Evan R. Green OCT 1979 j�
Project Manager
ERG:bn I � �/)
PFLAUMWELL
Development Partnership
935 East Wayzata Blvd.
Wayzata, Minnesota 55391
(612) 473-,4400
September 24, 1979
Honorable Mayor, Members of the
City Council, and Members of the
Planning Commission
City of Chanhassen
7610 Laredo Drive.
Chanhassen, Minnesota 55317
Re: Near Mountain Project
Gentlemen and Ladies:
Herewith submitted for your examination and review is the Preliminary
Plat of our proposed Planned Unit Development of the Near Mountain
Property.
Also provided are supporting data and specific information as required
under Section 14.05 of Ordinance 47.
We are now requesting Preliminary Plat approval for development of the
Near Mountain land as a P-1 Planned Residential Development District.
We thank you for your careful consideration of this request. .
Respectfully submitted,
Qt� 9-�.�--
Peter Pflaum
Managing Partner
PP/jh
�01 PFLAUMWELL
D Development Partnership
935 East Wayzata Blvd.
Wayzata, Minnesota 55391
(612) 473,4400
September 17, 1979
Mr. Bob Waibel,
Assistant Manager/
Land Use Coordinator
City of Chanhassen
7610 Lorado Drive
Chanhassen, 1`1n. 55317
Dear Bob,
Pflaumwell Development Partnership holds an option on the Near Moun-
tain site. The property is currently owned by Near Mountain Prop-
erties, a co -partnership. Enclosed is a copy of the title examination
performed by Best & Flanagan for this property. Pflaumwell Development
Partnership has the approval of Near Mountain Properties to submit
the request for rezoning contained in the application for Planned Unit
Residential Development made to the City of Chanhassen.
If you have any questions or need additional information, please call
me.
Sincerely,
P-Asz—
Peter Pflaum
President
PP/jh
Enclosure
SEP 1979
RECEIVED
VILLAGE OF
CHANHASSEN�
11�LD
PFLAUMWEL !
Development Partnership
935 East Wayzata Blvd.
Wayzata, Minnesota 55391
(612) 473A400
September 14, 1979
Ms. Kay Klingelhutz
Treasurer, City of Chanhassen
7610 Laredo Drive
Chanhassen, Mn. 55317
Dear Ms. Klingelhutz:
Enclosed please find our check for $1,500.00 - the escrow we have
been directed to post to cover staff costs in processing our applic-
ation to develop the Near Mountain properties.
Very tru 1. 1 yours,
i' 4..
Michae A. Pflaum
MAP/ j h
cc: Bob Waibel
61\
SEP 1979
RECEIVED
vrLLaae Z]F
GHANH
AS3Xry,
t MINN. -��
Minutes
Park and Recreation Commission
September 11, 1979
Chanhassen Elementary School.
The Commission interviewed Mr. Tom Schoenecker, 2820 Sandpiper Trail
for the -position vacated by Pat.Boyle.
Chairman'Joe Betz called the meeting to order at 8:00 p.m. The
following members were present: Joe.Betz, Phyllis Pope, Mary Muehlhause;
Mike Lynch, Ellis Thomas and Walter'Coudron.
Peter Pflaum of Lundgren Development Company gave a presentation
on the Near Mountain Development at the north end of Lotus Lake.
He explained that they are trying to keep as much of the land in it's
natural state with a number of trails meandering throughout the
development.
Phyllis Pope made a motion to accept the minutes of the meeting of
August 16, 1979. Mary Muehlhausen seconded the motion. Motion carried.
No negative votes.
Phyllis Pope made a motion to accept the minutes of the August 28,
1979, special meeting. Ellis Thomas seconded the motion. Motion
carried. No negative votes.
Walter Coudron gave a report on the activities of the Lake Study
Committee. He stated that he was appointed Chairman and felt that
someone else should represent the Park Commission. Mike Lynch
volunteered to be on this Committee.
The Commission tabled appointment of someone to fill the vacant
seat created by Pat Boyle's resignation until the next meeting.
Phyllis Pope requested that staff advertise for applicants again.
Don Ashworth reviewed Western Hills Park and said he would
have plans for improvements at the next regular meeting.
Mike Lynch made a motion to adjourn. Ellis Thomas seconded the motion.
Motion carried.
Adjournment: 10:10 p.m.
Francis Callahan, Secretary
CITY UF
CHANHASSEN
7610 LAREDO DRIVE*P 0 BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: August 28, 1979
TO: Planning Commission and Staff
FROM: Asst. Manager/Land Use :Coordinator, Bob Waibel
SUBJ: Land Residential Development, Subdivision, Rezoning, Conditional
Use Permit,Review, Near Mountain Properties Inc.
APPLICANT: Pflaumwell Development Corporation
PLANNING CASE: P-607
The Pflaumwell Development Partnership is proposing to develop the
property indicated on enclosure 1 with 144 single family lots, 36
quadrominium units, and 120 condominimum units. As indicated in the
site plan, the quadrominimum area is located in the northeast corner of the
property located in Chanhassen, the condominium area on the peak
portion of near mountain in the southwest corner of the project area
with single family indicated between the two aforementioned land uses.
The land use proposed in Shorewood along the border of Chanhassen is
townhome with the exception of the major wetland area in the central
portion of the development.
The portions of the circulation system that interconnect with Shorewood
is the proposed Near Mountain Blvd. which runs north/south along
the east side of the wetland area, and the north/south local street
along the western edge of the proposed quad area between Townline
Road and the proposed Chanhassen entry onto MTH 101.
The proposed plat indicates no entry of the proposed development onto
Pleasant View Road. Two emergency accesses are indicated along
the southern edge of the proposed plat with an additional roadway
to the south in the west central portion of the plat. Recently this
office has received staff input regarding the experience of other
communities finding that emergency accesses have a strong propensity to
become used as public streets after a period of time and that allowance
of construction should be considered only in special circumstances,
such as areas where relatively low volume of traffic are expected to
be generated, i.e. Devil's Slide basin area. In the light of the proposed
Planning Report -2- �' August. 29, 1979
condominium land use, and the non-existence of access to Pleasant View
Road which is the only east/west connection between Highways 5 and 7,
I preliminarily recommend that the emergency accesses be eliminated
from the proposed plat in order to avoid any such problems in the future.
As you recall, the Planning Commission and City Council have voted to
disapprove the North Chanhassen East/West Collector Street study with
the decision being largely based upon that the development had no
access to Pleasant View Road. As previously mentioned, there is a
proposed road egressing from the subject property to the south in
the vicinity between the condominium area and the westerly most pond
in the development. Albeit that this road is minimally indirect
access to Pleasant View Road, I recommend, for consistency purposes,
that this portion be deleted from the proposal.
Section 8.03, Subsection G of Subdivision Ordinance 33 states that
"the maximum length of cul-de-sac streets shall be 500' measured along
the center line from the intersection of origin to the end of the
right-of-way". In light of the above recommendations, the road to
the west of Near Mountain Blvd. terminating at the condominium area,
would be an approximate 2500' cul-de-sac. The number of
units which would utilize this cul-de-sac portion totals 120 condo-
miniums and 45 single family. In using a conservative estimate of
8 trips per day per unit an estimate of 1320 trips can be expected
at a point where the cul-de-sac intersects Near Mountain Blvd.
According to the Metropolitan Council functional classification
system roadways, the threshold for a collector street is 1000 vehicle
trips per day. Based upon this information, I would recommend a
collector design be required for the cul-de-sac in mention having
right-of-way of 80' and roadway of 36' as per Ordinance 33. Despite
the development patterns proposed and the anticipated volumes of
vehicular trips along this cul-de-sac area, this office finds that
the cul-de-sac being more than 500' in length violates the literal
spirit and intent of Ordinance 33 and approval of such would be
pre cidental .
Preliminarily it has been estimated that potentially 2400 trips per
day could be expected at the entry onto Trunk Highway 101. Likewise
this situation would deem collector status for Near Mountain Blvd.
Although the local residential street standard for roadway is 28'
it is apparent from observation that this is not adequate to afford
snow removal, residual parking, and traffic flow. It would be hopeful
that, if not for this development, that in future developments the
local street width standard would be 32'.
It has been discussed Staff wise that traffic information should be!
compiled by the developer in order to assess appropriate traffic
controls at the exit point onto Trunk Highway 101. Additionally,
the applicant will need to have entry permission from the Mn. Department
of Transportation assuring that the location is adequate for safety
reasons.
Planning Report -3- ''1 August 29, 1979
Attached hereto you will find the Staff letter of May 2, 1979
from the City of Minnetonka regarding the subject project. There
are two points of consideration for Chanhassen which are as follows:
1. There is a mention of a 50' setback for the townhome quadrominium
units off of Townline Rd. and the opinion that a greater distance
separation or substantial landscaping should be provided to ensure
the desirable transition between this land use and the detached single
family existing across Townline Road.
2. The realignment of a southern collector to West. 64th St. to be
made to alleviate the site distance problems on Highway 101 and
potentially make use of planned improvements on Highway 101. Although,
as previously mentioned, collector proposal was disapproved, the new
101 entry as proposed currently may be acceptable for site distance
and mitigate a traffic distribution problem onto Townline and Vine
Hill Rds.
According to the generalized soil and landscape analysis map for
Chanhassen, there are symptomatic soil conditions around each of
the ponding areas in the proposed development and additionally along
the major wetland area in the central portion of the proposed plat.
The developer as part of development review, will need to furnish
detailed soils information, grading and drainge plans for these areas.
As presented at the sketch plan review, the areas around Near Mt. were
considered protection areas where no development would occur. If such
is the case the final plat should designate such along with similar
language in the development contract. This is not to be construed as
supplimental to the park dedication ordinance.
Trail easement is indicated from Pleasant View Park area northward
to and along Near Mt. Blvd. and extending westward along the northern
base of Near Mt. Trail design will need to be a topic of future discus-
sion, however, it is apparent that any pedestrian way will encounter
individual accesses throughout the lions share of the system.
The developer should submit delineation of lot area sizes for future
Planning Commission review.
No approvals of the quad and condominium areas can be given until
detailed site plan and building plan review has been accomplished.
As per Ordinance 47, the applicant will need to submit information on'
the proposed phasing of the overall development.
In the northwest portion of the proposed plat, there is indicated a
proposed public overlook access. The applicant should be advised
that such a use comes under the provisions for conditional use permit
and that detailed plans would need to be reviewed before a conditional
use permit could be granted.
The proposed development is subject to review of the Riley Purgatory
Creek Watershed District board of managers for land alteration permits.
The applicant has indicated than an environmental assessment worksheet
is being prepared in accordance with the Minnesota Environmental
Policies Act.
4
Planning Report -4-
August 29, 1979
Should the Planning Commission be of consensus that there has been
sufficient review time, and information provided for concept consider-
ation,a public hearing may be ordered. Said public hearing should be
conditioned upon the applicant posting an escrow with the City
Treasurer in the amount of $1500 to defray Staff costs in .processing
the application, that the applicant prepare preliminary development
plans as per section 14 of Ordinance 47, and with the understanding
that the necessity for substantial changes could arise at the
preliminary development plan review.
JIF
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VILLAGE
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12
HOWARD AAHLGREN ASSOCIATES
INCORPORATED
CONSULTING PLANNERS
O N E G R O V E L A N D TERRACE
MINNEAPOLIS, MINNESOTA 55403
612.377-3536
27 August 1979
Chanhassen Planning Commission
7610 Laredo Drive
Chanhassen, Minnesota 55317
Dear Members:
At the conclusion of the Public Hearing on Derrick Land Company's
Lotus Lake Subdivision on 22 August, I was.left with several serious
concerns about the efficiency and effectiveness of Chanhassen's
development review and approval process. Since our firm has enjoyed
the opportunity to participate in the development of your City in
the past and we look forward to planning and designing projects in
Chanhassen in the future, we feel that it is imperative that:
1. We fully understand your procedures and cooperate in a
timely manner by submitting appropriately detailed plans
for your review;
2. The level of detail of information requested by the
Commission is consistent with the City's review process,
in order that;
3. Both the developer's and the City's concerns can be
effectively negotiated and that the result is an
improvement in the plan.
Our firm is somewhat different than others in the area in that we
provide professional planning services to both public and private
clients. We are currently contracted to review development proposals,
write the Comprehensive Guide Plans, and provide professional
environmental planning services to the cities of Burnsville, Mendota
Heights, and Roseville. In addition, we are currently involved in
the planning and design of over 50 private projects including
commercial, industrial, office, and residential developments. We
firmly believe that it is essential that cities and private developers
cooperate and that furthermore, any time either of their.interests
dominate the process, the quality of the development suffers.
h4� -v//
AUG 1979
UI
RECEIVED Cz
MINN.
U
Chanhassen Planning Commission
27 August 1979
Page Two
Throughout my involvement in Chanhassen on this project and in the New
Horizon Home development which we have just completed, I have made a
sincere attempt to work out the details of the project with your
planning and engineering staff prior to the Commission and Council
meetings. At every juncture we have checked with staff to insure that
we had made all of the necessary submissions on time and that they
were prepared to an appropriate level of detail. However, when we
arrive at the meeting to discuss the project, we find the Commission
unsatisfied with the information we have supplied them with and our
project gets delayed. Certainly you can understand the frustration
this causes us, not to mention the money which is unnecessarily added
to the development costs. If the Commission is unsatisfied with the
City's development review and approval process, it seems logical to us
to change it and if you are satisfied with it, doesn't it made sense
to follow it?
Chanhassen is developing rapidly and this makes your agendas long. In.
addition, you have workshop sessions on the Comprehensive Guide Plan
to attend and you are always faced with a great deal of neighborhood
concern about development. Also, you have several new members to work
into the process. I fully understand the problems this creates
because we are in exactly the same situation in Burnsville whereI am
the Planning Consultant. However, all of the above mentioned reasons
make it all the more essential to develop an approval process which
meets your needs and adhere to it.
In our work on the New Horizon Home development, we held several
meetings with the City planning staff,.engineering consultant, and
park officials throughout the design of the project. We also took the
Council and Commission on a tour of a similar development to aid them
in visualizing the proposal and we made presentations at at least four
-.Commission meetings. Imagine if you can the frustration which we felt
-upon reaching the City Council to realize that they not only had not
read the Planning Reports and were not aware of the decisions made by
the staff and Planning Commission, but openly admitted that they fully
intended to make all of those decisions independently. This prompted
us to wonder why the City holds more meetings at a Planning Commission.
level than any other that we are aware of and why the City staff spends
as much time and effort on project reviews as they do, if it is all
going to be so inconsequential in the final outcome. Frankly, if I
were on the Planning Commission or a member of the City staff, that
situation would anger me.
In reference to our most recent project on Lotus Lake, the property
contains approximately 35 acres and is planned for R-1 land use. Based
on the allowed minimum lot size of 15,000 square feet and allowing
Chanhassen Planning Commission
27 August 1979
Page Three
seven acres for roads (which is probably high) the site could legally
support 82 lots. The site contains some steep slopes and problem soils,
but, saying that a property owner cannot develop his land without -
either acquiring it or allowing the owner to transfer that density to
another part of the site, is an example of taking land without just
compensation. If keeping these areas in a natural state is in the
public interest, the public must compensate the landowner. This fact
has been clearly established'in hundreds of court cases.
We also find our selves in a position of having to justify our access
off Pleasant View Road. We established that as the best access point
in meetings with staff as we did the road connection to the west. And
we have attempted to do the best design possible with these accesses_
If these access points are unacceptable, it is the City's responsibility
to provide the landowner with access, we will change our development
plans accordingly. It is again, very frustrating to work out these
details with City staff and prepare plans accordingly, and go into
the meeting with staff's recommendation for approval only to be
continued.
When the question of Park and Recreation Commission review came up,
their representative stated that they had not seen anything "this
detailed before". At the Park Commission's meeting on 20 March of
this year, they made their decision regarding this property. The size,
shape, and location of the parcel has not changed and we are still
planning to develop the land for single family homes. We developed
our plans after they made their decision (which by the way affects the
most valuable portion of the site), are we to assume from her comments
that they are going to change their decision? This is a total
reversal of the way in which park dedication is typically determined.
We made our original application on this project in December of last
year .-• In most cities which I am aware of, this project would require
a meeting with staff, two meetings with the•Planning Commission, and
one meeting with the Council. We are not trying to put the maximum
development on this property, but rather propose several lots which
contain twice the minimum lot size_ I can understand and share the
Commission's concern with the soil and water conditions on some of
the lots near the marsh, but, your published procedures manual indicates
that those questions do not have to be addressed yet. If it turns out
that we cannot built on them, we will not plat them. .I am involved in
the land development process because I care about how land is developed
and I plan to work in this area for a long time. Also, Derrick Land
Company is in the business of selling expensive lots to individuals
who want to built custom home sites and they also have a reputation to
uphold.
Chanhassen Planning Commission
27 August 1979
Page Four
In conclusion, I sincerely hope that this letter is received in the
spirit in which it is written. Unfortunately, or fortunately,
depending on your perspective, cities do not develop themselves,
private developers do. This single fact makes it imperative that
developers and cities work together. I have been frustrated in my
attempts to work cooperatively in Chanhassen in the past and I hope
that this can change.
Very sincerely yours,
HOWARD DAHLGREN ASSOCIATES, INC.
John Shardlow
HANSEN &
KLINGELHUTZ
construction, inc.
August 27, 1979.
TO: Bob L. aibel, Planner
AUG
iv
t5v�G
P%ECFJVZE)
vaLLAO)t
FROM: Hansen & Klingelhutz Construction, Inc. - J. Hawks, consultant
SUBJECT: Case P-621 Western Hills III
This is in response to 12 items listed in Mr. Waibel's planning report
dated August 7, 1979.
1. Carver Beach Road Connection - At the request of the Planner and the
Planning Commission the Western Hills plan was redesigned to accomplish.
2 goals - a.)to provide a portion of the public access toward an
extension of Lockspur Lane to Carver Beach area and b.)to align the
traffic flow toward Kerber Drive. It is my understanding from the
Engineers report that the plan as submitted will accomplish both goals.
2. Barricading Frontier Trail until Western Hills III road system is
constructed - I assume that the intent of this request is to reduce the
traffic,of trucks and cars to the east through the residential area.
Construction equipment and trucks can bedirected to enter from
Ketter Drive and this is the most logical. However, many workers,
.inspectors, home buyers, etc. will also have a need to arrive by
auto and some will come from the east. The entrance can be barri=
caded although it might be of greater service to construct a tempor-
ary parking lot.
3. Servicing the 2 lots at east end of Frontier Trail - It was the
original intent to extend the sewer from the existing line to the
.west, however, it was learned that the line when installed did not
extend to the property line. Thus, it is much less costly to the two
lots into the proposed system and the sewer system has been so adjusted.':
Street names - The -building department was contacted and a master street?
name list was acquired along with the directions that western names are
to be used. With the realignment of Frontier Trail, the proposed street
from Kerber Drive was renamed "Lockspur" and the cul-de-sac was renamed
"Duran". Both of these are.names of.western towns and conform to the.
street name list.
Cont.
7198 FRONTIER TRAIL
"'T
CHANHASSEN. MINNF.SOTA 55s1 7 a 1e191 s7n_n-1 AR
f
HANSEN &
KLINGIELHUTZ Memo-B. Waibel page 2
construction, inc.
5. At the writing of this, the Park and Rec. Commission has not reviewed
the plan. Open space and recreational areas are an important part of
the neighborhood. The western area park is directly south and the plan
proposes a corridor from Maria Lane to the park. The park has a lake
with a water control structure although the structure is located outside
the Park. It would appear to us that the control structure and the creek
should be under public control. Thus it is proposed that the area desig-
nated as "Outlot A" be dedicated as park.
The space between the south property line and the water is insufficient
for a path to permit people to walk around the pond. This, it is our
proposal that an easement to construct a 6' wide path within the southerly
15' be granted to the city.
Along the northerly boundry is "Carver Creek's which has become of
major interest to the watershed. The watershed wants an erosion control
program installed and until such program occurs it is our understanding
that they will not approve any new developments which drain into this
creek. Such a program is beyond our decision, thus, we are not sure
about the development status of those lots which flow into the creek.
Until this is settled it is not possible to make a decision about the
abutting land relative to open space. We do want -he plat in total
approved with the development of the related creek lots deferred
pending a decision.
6. Maria Lane - Mr. Kerber owns -and farms the land to the west and currently
has no intent to develop. Thus, it appears reasonable to create a temp-
orary 80' diameter cul-de-sac. The easement to do this will expire at
such:time as Maria Lane --is extended. We do not believe it reasonable
or necessary to restrict building on the 2 lots affected by the temporary
cul-de-sac since the set back front yard is 30' and the temporary roadway
is only 1�1.
7. Utility extensions - We believe it reasonalle to provide utility easements
and to permit up to 3 sewer and water extensions to Mr. Kerber's property
on the condition that he will pay for the additional cost. The proposed.
plat has been adjusted to accomodate said utilities.
8. Easement between 28-29 - Assuming the utilites are extended as suggested
in the engineers report, -Mr. Kerber would pay to extend sewer and water
to his property and the 20' easement as proposed will be adequate.
9. Kerber Drive as an urban section - With the New Horizons development and
Western Hills it would appear a reasonable improvement to extend and urban
section with sidewalk to the schoot property.
Cont.
7198 FRONTIER TRAIL CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146 .
HA►NSEN &
KLINGELHUTZ Memo-B. Waibel page 3
construction, inc.
10. Preliminary drainage plan - 'Phis plan has been proposed and submitted
to staff for review.
11. Density- It is generaly thought of as so many sqare.feet of land per
dwelling unit and is expressed as so many dwelling units per acre.
This approach assumed that if dwelling units per acre were controlled,
that population density would also be controlled and in turn quantity
and Quality of services could be dtermined and provided. A family was
typically mother, father and 2 children or 4 persons but today this is
not true. lie have single adults, married couples without children,
unmarried couples with children, so called "empty nesters", single
adults with children and couples with children.
This variety of family mix and life style has created a demand for
different arrangement..of dwellings. The appropriate density for one
comity is not necessarily right for another, however, residential
densities to accomodate a variety is usually considered most advantageous
for large acreage communities such as Chanhassen.
The P.U.D. provisions are a community development tool in a zoning
ordinance to permit the Planning Commission and Council to judge the
location, the design, the need and other elements of the community on
a development to development basis. The density, arrangement of
buildings, size , height are flexible.
Concerning Western Hills III, we are proposing single family detached
homes and 20 zero lot line single family homes, all to owner occupied.
It.. is assumed that they will be occupied by the typical family of couples
wiz
a children except for the zero lot line. This -type of home appeals
to couples who no longer need a large home and lot, to couples without
children who. both work and to single adults who want the freedom and
benefits of a home. The traffic generated by a zero lot line home is
less, the number of people per home is less and the hours spent in the
home are less. We thought they would be a good addition to the housing
mix, however, this is a community decision.
12. Watershed The typical approach to handling of storm run off water is
to determine the rate of run off prior to development and then require
a water control plan that will not increase the rate. Admittedly, this
approach says that whatever the rate of erosion is prior to development {
r
can continue.. The drainage plan we have is the result of hundreds of -
years and it is true.that Carver Beach Creek is a ditch resulting from
erosion. The natural vegetation is very heavy, the land is such that
water is retained and it is our intention to leave the area undisturbed
to permit nature to create a water retention area. At 'this moment we are
working with the watershed staff in anticipation that a satiyfactory
solution will arrive.
�✓ Al
7198 FRONTIER TRAIL • CHANHAS ' MI SOTA 55�317 • (612) 474-4146
f,
An
%/1
CITY UF
CHANHASSEN
7610 LAREDO DRIVEOP 0 BOX 147+CHANHASSEN, MINNESOTA 55317
(612) 474-8885
August 27, 1979
Dear Property Owner:
This letter is to notify you that the proposed preliminary
development plan review for the Near Mountain residential
development is schedule for Planning Commission review at
9:15 p.m., August 29, 1979 at the City Hall - 7610 Laredo
Drive. Under normal circumstances, the planning commission
agendas are prepublishea a week before the meeting date,
however due to necessary changes in the meeting schedule
and the subsequent problems in notification, I am sending
these individual notices. As noted above, this is a proposed
preliminary development plan review for informational purposes,
and does not constitute a public hearing. It is assumed that
a public hearing will be forthcoming within the next several
meetings of the Planning Commission.
If you have any questions or comments, please do not hesitate
to contact me.
Sincerely,
?- �,e-V
Bob Waibel
Ass't. Manager/Land' Use Coordinator
BW:njo
August 21, 1978
Stephen R. Pflaum, Esq,
Leonard, Street and Deinard
1200 National City Bank Building
Minneapolis, Minnesota 55402
Dear Mr. Pflaum:
Premises: That part of the Southeast 1/4 of the Northeast 1/4
and of the Northeast 1/4 of the Southeast 1/4 of Section 36, Township
117, Range 23 lying southerly of the center line of the Town Road.
Government Lots 5 and 6 and the Southeast 1/4 of the Southeast 1/4
of Section 36, Township 117, Range 23, according to the Government
Survey thereof. (The North line of said Government Lot 5 is marked
by Judicial Landmarks set pursuant to Torrens Case No. 13685).
We have examined the title to the above described premises as of June 14,
1978 , at 7:00 A.M., based on Torrens Certificate No. 489180 and other
pertinent records. From such examination, we conclude
that said premises were owned as of that date in fee simple by
Near Mountain Properties, a partnership of which Roger L. Baker,
William M. Baker, Robert Onan, Russell W. Lindquist, Virgil C.
Sullivan, John M. Hollorn, Conley Brooks, Sr., are partners.
Such ownership is subject to the following:
1. Rights, if any, of the parties in possession other than said
owners.
2. Mechanic's lien rights, if any, for recent improvements upon
said premises or property connected therewith.
I , r. .'I i I l .\ \ .\ ,
3. Special assessments, if any, which may be levied upon said
premises.
4. Public zoning or building ordinances and regulations.
5. Facts which would be shown by a survey of said premises.
6. Second 1/2 of 1978 taxes not paid.
7. Mortgage, Document No. 1259273, dated January 23, 1978,
filed February 8, 1978, from Near Mountain Properties,
a co -partnership, to First Federal Savings and Loan
Association of Minneapolis, a United States of America
corporation, in the amount of $400,000.00.
A Mortgagee's duplicate was issued.
This mortgage contains a provision for acceleration of
the unpaid balance of the mortgage if the property is
sold, unless prior approval of the buyer is given by the
mortgagee.
8. Existing roads. Maps show a town road on the Northeasterly
edge and Vine Hill Road on the East edge of the premises.
9. Rights of the State in the bed of the lake.
NOTE: The Owner's duplicate was at the courthouse on August 17, 1978.
Yours eery truly,
Richard A. Peterson
BEST & FLANAGAN
RAP / j kr
#'�� Minnesota
Department of Transportation
s District Five
5801 Duluth Street
OF TRH' Golden Valley, Minnesota 55422
(612) 545-3761
July 17, 1979
Mr. Bob Waibel
Assistant Manager/Planner
City of Chanhassen
7610 Laredo Drive
P.O. Box 147
Chanhassen, MN 55317
SP 2736.T.H. 101
Review of access to proposed
Near Mountain Development located
west of TH 101 between W. 64th St.
and Townline Road
Dear Mr. Waibel:
As per our telephone conversation, I have reviewed the above referenced
proposal in regard to access adjacent to TH 101. The plan you submitted
to us indicated a proposed 80 foot R.O.W. collector street intersecting
with.TH 101 approximately 950 feet + north -of West 64th Street.
The proposed location comes out onto TH 101 on a crest vertical curve.
Because of this crest there would not be adequate sight distance at this
location. I indicated on the telephone that if the entrance is moved
north or south 200 feet, you would have adequate -.sight distance, however,
it would be adequate only for one way. The best option is to come out at
either West 64th Street or at Townline Road. It appears the West 64th.
Street location would be preferable because the existing highway is on
tangent.
Toget proper sight distance at the location indicated on the proposed
paln, the existing grade on TH 101 would have to be cut down about 10 feet
to 12 feet. This would require additional right of way on both sides of
TH 101.
If you need additional information, please feel free to call me.
Sincerely,
Evan R. Green
Project Manager
ERG:bn
,JUL 1979
C A Hq s
0-Mt NN Ni '��
An Equal Opportunity Employer
O
�q,P
9' d .
LU11DGR(n
�R°�°°� BROSNC.
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (512) 473-1231
July 1, 1981
Honorable Mayor and Members of the Chanhassen City Council:
This is to confirm our earlier understanding that it will be accepti.ble
to the City of Chanhassen for us to employ Schoell & Madson to draw
plans and specifications and supervise construction on the Near
Mountain project.
It is also our understanding that it will be the responsibility of the
City Engineer to determine the acceptibility of the project engineers'
design work.
If either of our understandings are incorrect, we ask an opportunity
to be informed of the Council's concerns regarding this matter.
Sincerely. -
Peter Pflaum
Partner in Near Mountain Partnership I
Manager's Comments - a tried and proven principle is the necessity of a city to control
inspection of public improvements (streets, sewers, water, etc.) - whether constructed
privately or publicly. Some of our past mistakes (Chanhassen Estates, Larado Drive,
Trolls Glen, Chaparral) have led to the current policy of requiringAcity'_s engineers to
inspect all work (we pay the engineers and control payments to contractors). If the dev-
eloper wants his own inspection; that's fine,but not in -1 eu of city inspection. We add-
itionally have encouraged usage of the city's consulting engineer for design, plans, and
specifications. This was more critical in the past, prior to Bill Monks arrival. Today,
the necessity to use the city's consulting engineer is marginally benifical for design,
plans, and specification s(Schoell and Madson's knowledge of requirements rements and potential
benefits to the developer if conflicts occur on whether a problem was a design or construction
problem).
The above points were raised and discussed as a part of the East Lotus Lake, Colonial Grove,
Near Mountain, and Derrick Development proposals. As you well know, all of these are relatively
new. In each of these cases, the necessity for the City to carry out full inspection, including
control of payments, was firmly established and is not a problem. The question which has not
been fully tested is the necessity or requirement to have Schoell and Madson carry out plans
and specifications. Prior to this becoming an issue with the East Lotus Lake or Colonial Grove
Developments, proposed improvements were authorized to be constructed as public improvements, by
the City Council, thus removing any questions as to the engineer's role in private vs. public
projects.
As can be seen in the above letter, Lundgren Brothers desire to use Schoell and Madson to
carry out preparation of plans and specifications as well as inspection for their development.
All improvements are proposed to be constructed privately (at least as of this date). As
the project has not started (development contract in process of being developed), payments
to Schoell and Madson would be made directly by the developer. This office does not see a
problem with this, again given the fact that Bill Monk would review and approve all plans
and specifications.
No action by the City Council is necessary unless the Council believes that any of the points
are different than previously expressed to the City Council.
LUnDGR(n
WCTRUCTION
BROi
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
May 26, 1981
Mr. William Monk
Chanhassen City Engineer
690 Coulter Drive
Chanhassen, Minnesota 55317
Re: Near Mountain project
Dear Bill:
This is in response to your May 5, 1981, correspondence, in which you
requested an escrow deposit of $10,000.00 for legal and engineering
services relating to the above project.
On April, 6, 1981, we presented the City with a check for $3,098.70 to
defray legal and engineering costs incurred through December 31, 1980.
On May 4, 1981, we provided a check for an additional $2,500.00. This
equals the City Attorney's estimated cost for the following legal ser-
vices: "Development Plan review, Development Contract negotiation and
preparation, review covenants and restrictions and homeowners assoc-
iation documents, and special assessment procedures, if any."
We have been advised by Jim Orr of Schoell & Madson,
have requested that that firm's billing for services
be submitted to and collected by the City. We fail
is served by this and question the propriety of your
respond with an explanation.
Very truly yours,
NEAR MOUNTAIN PARTNERSHIP I
't.-d /) ,
Michael' A. Pflaum
MAP/jh
RECEIVED -r%
MAY 2 8 1981
CITY OF CHANHASSEN
Inc., that you
performed for us
to see what purpose
request. Please
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Don Ashworth
Chanhassen City Manager
Box 147
Chanhassen MN 55317
Dear Don:
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
May 26, 1981
Near Mountain Development Contract
Phase I
TELEPHONE
(612) 335-9565
After a review of our file,including Council and Planning Commission
minutes, on the Near Mountain development proposal in preparation for the
drafting of the development contract, we find that there are a number
of unresolved matters which should be clarified prior to commencement
of the actual drafting.
Accordingly, we have arranged to meet with Bob Waibel on Thursday, May 28th,
to discuss these matters; and this will, of necessity, delay preparation
of the contract.
We suggest, therefore, that consideration of the development contract be
taken off the June 1st agenda, and placed tentatively on the June 15th
agenda.
Very rul o ,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:ner
cc: Bob Waibel
Michael Pflaum
MAY Z 7 1981
CITY OF CHANHASSEN
NEAR MOUNTAIN
General Information
Total Gross Area
Total No. Lots
Mn. Lot Size
Mn. Width @ Bldg. Setback:
Mn. Lot Depth
Average Lot Size
Mn. Front Bldg. Setback
Mn. Side Lot Setback
Type "A" Lot
30,800 sq. ft. average
Type "B" Lot
17,700 sq. ft. average
Total No. Lots
23,900 sq. ft. average
+ 147 Acres
134
11,700 sq. ft.
A - 100 ft.
B - 75 ft.
120 ft.
23,900 sq. ft.
30 ft.
10 ft.
Site Tabulation
64 Total Condominiums 120 L.U. on 42.6 AC.
Quadraminiums 36 L.U. on 8.9 AC.
70 Total Total 290 L.U. on 147 AC.
134 Total Overall Density 2.0 L.U/ACRE
The above data was hand lettered on the graphic display plat with project
phasing overlay which applicant presented at the May 11, 1981, City Council
meeting. The information is compiled from and relates directly to the
Preliminary Plat, prepared by Schoell and Madson, Inc., which the City
Council accepted on May 11, 1981, and designated as "Exhibit A".
,. -'r'4
1
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
November 29, 1979
Mr. Arthur Sidner, Chairman
Environmental Quality Board
101 Capitol Square Building
550 Cedar Street
St. Paul, MN 55101
Re: Near Mountain Project, Environmental Assessment Worksheet
Chanhassen Planning Case: P-607
Dear Mr. Sidner:
The following are comments related to the findings and declaration
requirements of the subject EAW.
The single family portion of the subject plan is found to be
consistent with the land use plan for the City of Chanhassen with
the exception that the land use plan is to be amended to include
the proposed mulitiple residential elements which is consistent with
the provisions of Zoning Ordinance 47. It is anticipated that
concept plan approval will be forthcoming on December 3, 1979.
Within the text of the EAW, there is mention of 100 year flood
plain areas in both Chanhassen and Shorewood. It has been indicated
to this office that the elevations used for designating, this flood
plain were derived from Riley Purgatory Creek Watershed District
documents, however, the flood insurance rate maps of the National
Flood Insurance Program for the City of Chanhassen have not yet
been amended to include this flood plain.
Upon informal inquiries of long term residents of Chanhassen, it has
been indicated that the structures referenced in section 2, table 13,
have not been significant in the historical sense, for the past
30 years.
Findings
The project is not a major action in that the overall design of
the development has been cognizant of the physiography of the locale
through the allocations of land uses, densities, and utilities.
rlr. Arthur Sidner -2- November 29, 1979
The project does not have the potential for significant environmental
effects in that it is subject to the requirements of policies that
have historically proven that developments such as the one in question,
are compatible through design and construction, with surrounding
areas.
The project is not of more than local significance in that it is
residential in nature and will have no extraordinary impact on
regional systems that would be singularly attributable to this
development.
Based upon the information in the subject document and the above
statements, I find that no environmental impact statement is needed
on this project and thus give notice of negative declaration.
I hereby certify that the information contained in the Near Mountain
Environmental Worksheet.is true and correct to my knowledge.
CITY OF CHANHASSEN
Bob Waibel, Asst. Manager/
Land Use Coordinator
Date:
BW:k
Project: Near Mountain
Proposer: Pflaumwell Development Partnership
To The E.Q.B. Distribution list:
I am the authorized representative of the City of Shorewood, Responsible
Agency for the private project indicated above.
This project is not a major action and is consistent with Shorewood's
land use plan and the existing or planned capacities of necessary public
services. Minimization and appropriate mitigation of any impacts identi-
fied is to be assured through adopted policies, performance standards,
and the permitting processes of local and other agencies.
The project does not have the potential for significant or irreversible
negative environmental effects. It allows for protection of valuable or
sensitive areas through preservation of open space, control of erosion
and sedimentation, and retention of the overall drainage pattern.
The project is not of more than local significance. It will foster imple-
mentation of Shorewood's plans regarding land use, natural environment,
utilities, and public services. No significant impact on neighboring com-
munities has been identified.
In view of these findings I conclude that no E.I.S. is needed on this
project.
Please be advised that Section III., J., 5., page 9b, should be amended as
follows: Under the sub -section "Water," strike the last two sentences and
insert: "On the Shorewood portion, a well of sufficient capacity for
domestic and fire fighting purposes will be constructed by the City, with
the Near Mountain project to be assessed for its benefit."
Accompanying are relevant memoranda from the City of Shorewood's engineering
and planning consultants.
I hereby certify that the information contained in the Near Mountain E.A.W.
is true and correct to the best of my knowledge.
SIGNATURE
TITLE
/17 'r%_ DATE