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3 Country Inn Suites Snow Fence-Highway Maint. Vacation CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227,1160 Fax: 952.227.1170 Finance Phone: 952,227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227,1110 Web Site www.ci.chanhassen.mn.us 3 MEMORANDUM <'leV Paul Oehme, Public Works Director/City Engineer \ Alyson Fauske, Assistant City Engineer (}(/.; TO: FROM: DATE: June 25, 2007 o~ Vacation File 07-03A: Vacation of Snow Fence Easement Lot 1, Block 1 and Outlots A & B, Bloomberg Addition and Lot 2, Block 1, Bloomberg 2nd Addition Country Inn Suites, LLC has requested the snow fence easement Lot 1, Block 1 and Outlots A & B, Bloomberg Addition and Lot 2, Block 1, Bloomberg 2nd Addition be vacated. The property is located on the southeast corner of West 78th Street and Market Boulevard. "---- --- SUBJECT: BACKGROUND The easement was granted in 1956 to the State of Minnesota for the original alignment of Highway 5. When Highway 5 was realigned, the old section was renamed West 78th Street and ultimately turned back to the City. The easement is no longer needed since snow fence is not installed along West 78th Street. The street and all utilities along West 78th Street currently lie within the public right of way or within a drainage and utility easement. RECOMMENDATION ~ Proposed snow fence vacation Staff recommends approval of the easement vacation. Attachments: 1. Application 2. Drawing and legal description of easement vacation 3. Notice of Public Hearing/Affidavit of mailing/location map G:\ENG\Vacations\07-03A Country Suites snowfence-hwymaint\06-25-07 cc memo.doc The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play. Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF C~-~;,Nlli';S3C;'1 1Rl~1g~a~J~[f1) MAY 2 3 2007 DEVELOPMENT REVIEW APPLICATION ENGINEERING DEPT, PLEASE PRINT Applicant Name and Address: .?t-tM~AG~e+J 6utr~ L.-c...& ~oo rlr;?qf" AVe:NVe. N ' &Urr~ :~.o MftJN~^?t?(.,(.g M~ r:i640r Contact: -J~ ~(N.w Phone: ~l~ ~64-'I~oO Fax: 6c~ 664-I4-o~ Email: J~FP~l?IN&Of...I~-r~~f-lr~~r;;&rMI?ca-.I( Owner Name and Address: .c~AtJl-\~e:N ~U(\t::~ L.c..-.c; 1Joo F(tz&(" p<v~tJue N - 6uf"f'e: g,+o MII-lNe:Jl<.?O(,,{oG MN %-fo r Contact: J~ fZ.ot7Ct-J6t>,..l Phone: br?- 664 (400 Fax: 6(~ G6{- I+D~ Email: J~fJl1~( f.!~6V -r$2(T7I?t-.1-r~CDt1 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) x Vacation of Right-of-Way/Easements (VAC) Interim Use Permit (IUP) Variance (VAR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign - $200 (City to install and remove) Site Plan Review (SPR)* X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: .?~p..t--\~A~ vou~-f ~{~~ HOIc?L.-- LOCATION: ~(....181}J. &r~~l w. .?HAI,H.{~tJ MtJ 0~~1'1 LEGAL DESCRIPTION: -r B [/ - ~0:~ MrACH~J7 TOTAL ACREAGE: ~.I'1 WETLANDS PRESENT: YES )< NO PRESENT ZONING: ?w REQUESTED ZONING: N/A , REASON FOR REQUEST: ,. .. ,t,..- 6NOtN f1?~e 6AG~~Nl -H~c- NM I \IAc-A16 Arr~~~O'-PVN~ J-HG-H1;J,brY AND PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant with in 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ~h~~( Date (jh:J-~( I Id8te G:\pLAN\forms\Development Review Application.DOC Rev. 12/00 02007 RLK Inc. Easement Vacation Description Sketch ,., '<.o~ ,.. CHANHASSEN SUITES, LLC ~,.. o ~0 ,.,cP TRIDENT REAL ESTATE 300 First Avenue North, Suite 340 Minneapolis, MN Zip 55401 ~ ------- , - - NE corner of the I NW 1/4 of lh.e NW 1/4 _ _ _ _ _ ' .c ......-._.--'~e..n....'..n -t Sec. 13, T. 116, R. 23 "':l -~EST---:;;;H -S;~:;----I\--~---- I I LOT of Sec. 13. Twp. 116, Rge. 23 '\ ;i ~ ~\Ce\<. ~' 0 . ~r --------:----------:-----------~p;-~ -s 8~~"O" W PROPOSED EASEMENT VACATION DESCRIPTION That portion.' of the easement for trunk highway, snow fence and limitation of access purposes In favor of the State of Minnesota per Book L of Misc., Page 466 and transferred to Carver County filed In Book 115 of Deeds, Page 264, os Doc. No. 21067 and transferred to the City of Chonhassen by Document Nos. 110465 and 11064, lying wlth!n Lot I, Block 1, Outlot A and Outlot B, BLOOMBERG ADDIllON and that part of Lot 2, Block I, BLOOMBERG 2ND ADDIllON lying within the Northwest Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota lying northerly of the following described line; Commencing at the Northeast comer of the Northwest Quarter of the Northwest Quorter of said Section 23; thence South 0 degrees 07 minutes 08 seconds West, assumed bearing, along the east line of said Northwest Quarter of the Northwest Quarter a distance of 131.30 feet to the point of beginning of the line to be described; thence North 85 degrees 34 minutes 28 seconds West a distance of 362.80 feet to the west line of Outlot A, BLOOMBERG ADDIllON, said line there tennlnatlng. i l o 50 , ' SCALE IN l'EET I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land~. der ~ <;!--the state of Minnesota. ~~ Mav 30,2007 Kurt M. Kisch, MN License No. 23968 Date ~ RLK { Thl'CORPORATED "'-../ 6110 Blue Circle Drive. Suite 100 , Minnetonka, MN 55343 Duluth, MN Ham Lake, MN Hibbing, MN Minnetonka, MN Phone: 952 933 0972 Fax: 9529331153 www.rlkinc.com ,.~,o!..~~.,..2.~??:.~~... .M ,\.. Proposed Easement Vacation Description for Chanhassen Suites, LLC care of Trident Real Estate That portion of the easement for trunk highway, snow fence and limitation of access purposes in favor of the State of Minnesota per Book L of Misc., Page 466 and transferred to Carver County filed in Book 115 of Deeds, Page 264, as Doc. No. 21067 and transferred to the City ofChanhassen by Document Nos. 110465 and 11064, lying within Lot 1, Block 1, Outlot A and Outlot B, BLOOMBERG ADDITION and that part of Lot 2, Block 1, BLOOMBERG 2ND ADDITION lying within the Northwest Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota lying northerly of the following described line; Commencing at the Northeast comer of the Northwest Quarter of the Northwest Quarter of said Section 23; thence South 0 degrees 07 minutes 08 seconds West, assumed bearing, along the east line of said Northwest Quarter of the Northwest Quarter a distance of 131.30 feet to the point of beginning ofthe line to be described; thence North 85 degrees 34 minutes 28 seconds West a distance of 362.80 feet to the west line of Outlot A, BLOOMBERG ADDITION, said line there terminating. Description provided by RLK Incorporated May 30, 2007 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 13, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Vacation of a Snow Fence & Highway Maintenance Easement at Lot 1, Block 1 and Outlots A & B, Bloomberg Addition and Lot 2, Block 1, Bloomberg 2nd Addition, Vacation File No. 07-03A to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this bf1-. day 0 ~ ,2007. g: \eng\forms\affidavit. doc proposed \/ acation 01 snow fence &. \-lighWa~ Ma\ntenance casement \/acation file No. 01-03{>. . Jellre flobinsoolcount SUIteS, LLC d 0 4-\' t ~ &. B B\00\11ber9 Lot 1. alOC\< 1 an u. 0 s ,,' 't" Addition Addition and Lot Z. alOC\< 1. aloom""~a 01 thiS A locatiOn mal' is on the re"erse Sl e notice. . . th '\:j's {>. "acat\On proceeding extlngu.shes e CI Th easement or right 01 way o"er the properW' e "acated propert'/ generallY re"erls to the owner 01 the abutt\n ro ert . . This publiC hearing gi"eS the ne.ghbOrhood an .t to comment on the proposal. oU(lng opportunt~ Yg the f\ lIa"or will lead the publiC hearing the rnee ,n, WI " through the lollowlng steps'. \'II\~""" Monday, June 25, 2001 at 1:00 p.m. I d CM \-Ia\\ Council Chambers, 1100 Mar\<et 13" . CQunc\\ Not\ce VI I - cnannassen C\t'1 When \s the pub\\C hear\n Notice 0' publiC \-Iearing . cnannassen City Council Meeting propOsed \/acatlon 01 snow fence & \-lighway Ma\ntenance casement \/acation file No. 01-03{>. . Jellre flobinsoolcount sulies, LLC Lot 1 aloc\< 1 and QutlOts {>. &. a. aloom~9j\.dQ~on Addition and Lot Z. aloc\< 1 . aloom~a Z I thi~ I '" location mal' is on the re"erse Sl e 0 notice. . h.t ' {>. "acatlOn proceeding eJdlngu.shes t e CI y .. easement or right 01 way o"er the properl~. he I "acated properl~ generallY re"erls to the owner 0 the abutt\n ro eft . " ThiS public hearing gl"eS the ne.ghbOrhOOd an nit to comment on the propOsal. OUllng ~~~~~etl~g. Ihe Mayor will lead the publiC healing through the lollowing steps'. proposa\'. AI \\cant: -~ Addressl Locat\on 0\ proposa\'. What \s a \/acat\on", Monday, June 25, 2001 at 1:00 p.m. CiW \-Iall Council Chambers, 1100 Mar\<et eWd. hen \s the llb\\C lear\n~;r. - - ~ Addressl Locat\on 0\ proposa\'. proposa\'. . the \/acat\on reQuest. 5. stall will ~ummallze ment on the request. 6. The applIcant maY co';d Irom the publiC. 1. comments are rec~~sed and the Council Q oub\\C heanng \s c t o. r t\on re ues . discUsses the "aca ro osal belore the II you'd \i\<e to re\l.eW ~e ~IWP\-lall during olllce meeting, please sto~'3~ p.m., Monday through hours, 8:00 a.m. to. son faus\<e at 952-221- friday. Please contact {>.\~I chanhassen.mn.us II 1164 or e-ma.1 alauS\<e @ 'wish to submit written yoU na\le any quest\ons.~r one copY In ad\lance 01 comment.s \P\eats~ ~\~\/~r~\/\de copies to the the rneet\ng . s all t' Cou DC\\ ' d' "he Chaohasseo \/illaaer 00 June 7. '2.007 b QUb\"\she 10' ub\\C heario(\ has eeo What happens at the meeting'. Quest\ons & comments'. What \s a \/acat\on'. What happens at the meeting', Quest\ons' . comments'. ~ OJ ..... ^ CD .... Disclaimer This map is neither a legaliy recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located In various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes oniy. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found piease contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes 3466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shali not be liable for any damages, and expressly waives ali claims, and agrees to defend, indemnify, and hoid harmiess the City from any and ali claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. ~ .Ql * CD .... Disclaimer This map is neither a legaliy recorded map nor a survey and is not intended to be used as one. This map is a compiiation of records, information and data located in various city, county, sfate and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GiS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. if errors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes 3466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shali not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and ali claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. BLOOMBERG COMPANIES INC PO BOX 730 CHANHAS8EN, MN 55317 -0730 NATIONAL LODGING COMPANIES INC C/O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN, MN 55317 -1010 CHANHASSEN SUITES LLC C/O CHANHASSEN COUNTRY SUIT 591 78TH ST W PO BOX 1010 CHANHASSEN, MN 55317 -1010 NEARCO IV LLC 7002 6TH 8T N OAKDALE , MN 55128 -6146 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN , MN 55317 -0514 MARKET SQUARE ASSOC L TO PTR C/O AMCON CONSTRUCTION CO 1715 YANKEE DOODLE RD #200 EAGAN, MN 55121 -1698 KRAUS-ANDERSON INC 4210 WEST OLD SHAKOPEE RD BLOOMINGTON, MN 55437 -2951 RICHARD W STEINER JR PO BOX 4204 WHITEFISH, MT 59937 -4203 CHANHASSEN HRA 7700 MARKET BLVD PO BOX 147 CHANHASSEN, MN 55317 -0147 JOHN M HAVLIK JR 513 CHAN VIEW CHANHASSEN, MN 55317 -9488 ARTHUR & DARLENE M KERBER 511 CHAN VIEW CHANHASSEN, MN 55317 -9488 DAVID & MEGAN L WOODS 509 CHAN VIEW CHANHASSEN , MN 55317 -9488 DEAN HARLAN WALLENTINE 507 CHAN VIEW CHANHASSEN , MN 55317 -9488 STATE BANK OF CHANHASSEN C/O KLEIN FINANCIAL INC 1550 AUDUBON RD CHASKA , MN 55318 -9508 CHANHASSEN RETAIL LTO PRTSHf C/O BROOKSTONE INC 810 LILAC DR N SUITE 212 ROBBINSDALE , MN 55422 -4673 TWO GREEKS AND A GEEK LLC 1318 SIBLEY MEMORIAL HWY MENDOTA, MN 55150 -1414 HIGH TIMBER LLC 300 1ST AVE N STE 340 MINNEAPOLIS, MN 55401 -1600 MARKET SQUARE ASSTS II LLC 470 78TH ST W STE 260 CHANHASSEN, MN 55317 -4547