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2 Schneider Park 2nd VacationCffYOF CHII E PO Box 147 Chanl'~n, MN 55317 Admlnlstretion Phone: 952227.1100 Fax:. 952227.1110 Building Iospectlom Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952227.1170 Finance Phone: 952.227.1140 Fa~ 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952227.1110 Ra-,reation Crater 2310 Coulter Boulevard Phone:. 952.227.1400 Fax: 952.227.1404 Planning & Natural Resoumes Phone: 952.227.1130 Fax:. 952227.1110 Public Works 1591 Park Road Phone: 9,52.227.1300 Fax: 952227.1310 Senior Center Phone: 952227.1125 Fax: 952227.1110 Web Site e~v. ci~anl~.mn.us TO: FROM: DATE: SUB J: Teresa $. Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer ~~ ~ March 3, 2003 Vacation of Remaining Easements for Schneider Park 2"" Addition Project No. 02-02 and Vacation File 2002-2 REOUEST The City Council is requested to vacate all of the existing easements and right-of-my within the existing area that is being platted as Schneider Park 2~ Addition (new h3rary site). BACKGROUND All of the existing drainage and utility easements and right-of-my were either dedicated to the City as part of the Schneider Park plat ha 1980 or granted through separate agreements with property owners. On May 28, 2002, the Chauhassen City Council approved the vacation of some of the easements and right-of-way within the Schneider Park plat. DISCUSSION During review of the title commitment ha preparation of recording the final plat of Schneider Park 2"a Addition, City stuff and the City Attorney's office discovered a number of encumbrances on the underlying property. Specifically, these encumbrances are easements and right-of-way documents that were not dedicated on the original plat of Schneider Park. The Carver County surveyor's office has insmmeA the City to vacate these encumbrances prior to recording the new plat of Schneider Park 2"a Addition. City staff and the City Attorney's office agree that the vacafi~ are necessary to "clean up" the new plat. New right-of-way and easements are being dedicated where necessary to replace the vacated portions. RECOMMENDATION Staff recommends that the City Council adopt the following motion: 'q'he Chanhassen City Council approves a resolution vacating all of the existing easements and right-of-way as defined on the attached vacation description list" 1. Notice of Public Hearing and Location Map. 2. Vacation Description List. 3. Affidavit of Mailing. c: Matthew Foli, Campbell Knutson g:~engApublie~O2-O2k2nd vacation.d~ The City of Chanhaaaen · ^ growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful pad(s. A grot plato to live, work, and play. NOTICE OF PUBLIC HEARING CHANHASSEN CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 AT 7:00 P.M. ClTH HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Vacate Portions of Right-of-way and Drainage & Utility Easements APPLICANT: City of Chanhassen LOCATION: West 78th Street and Kerber Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, City of Chanhassen, is requesting to vacate portions of right-of-way and drainage and utility easements located at 7700 Market Boulevard, Schneider Park 2nd Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeing, the Mayor will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Fdday. If you wish to talk to someone about this project, please contact Matt Saam at 952-227-1164. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City Council Notice of this public hearing has been published in the Chanhassen Villager on February 20, 2003. EASEMENT/RIGHT-OF-WAY VACATION DESCRIFHON LIST (1) Utility and drainage easements as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK. (2) Center Street as contained in the dedication clause and as shown on the plat of SCHNFJDER PARK. (3) Chan View as contained in the dedication clause and as shown on the plat of SCHNFJDER PARK. (4) The easterly 13.80 feet of Kerber Drive as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK. (5) That part of County State Aid Highway No. 16 (now known as West 78"' Street), as contained in the dedication clause and as shown on the plat of SCHNEIDER PARK, described as follows: Beginning at the southwest comer of Lot 1, Block 2, said SCHNFJDER PARK; thence S 85o34'27'' E along the southerly line of said Lot 1, Block 2, a distance of 256.18 feet; thence N 87047'50" W a distance of 244.13 feet; thence deflecting to the fight along a tangential curve, concave to the northeast, having a radius of 26.00 feet to a line that is exten~ westerly from said southwesterly comer of Lot 1, Block 2, at a bearing of N 85o34'27" W; thence S 85o34'27" E to the point of beginning. (6) Easement and fight-of-way for public utilities, street and drainage purposes in favor of the City of Chanhassen as set forth in instrument filed July 28, 1988 as Carver County Recorder Document No. 97949. Said easement area to be vacated is the complete easement area as described in said instrument and repeated below: All that part of Lot 3, Block 2, SCHNEIDER PARK, according to the recorded plat thereof, Carver County, Minnesota, which lies southerly of a line distant 40.00 feet northerly from and parallel with the south line of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. (7) Easement for public street and mad fight-of-way purposes in favor of the City of Chanhassen as set forth in instrument filed August 1, 1988 as Carver County Recorder Document No. 98019. Said easement area to be vacated is the complete easement area as described in said insmmaent and repeated below: The East 7.00 feet of Lot 3, Block 2, SCHNEIDER PARK, Carver County, according to the recorded plat thereof. All that part of said LOt 3, Block 2, SCHNRI-DER PARK, which lies northeasterly of a curve concave to the southwest having a radius of 25.00 feet. Said curve is tangent to the west line of the East 7.00 feet of Lot 3, and passes through a point on the north line of said Lot 3 distant 16.68 feet westerly from the northwest comer of said Lot 3. 104533 (8) Easement for roadway and utility purposes ia favor of the City of Chanhassen as set forth ia instrument filed July 8, 1994 as Carver County Recorder Document No. 169167. Said easement area to be vacated is the complete easement area as described ia said iastmment and repeated below: That part of Lot 2, Block 2, SCHNRIDER PARK, according to the recorded plat thereof, Carver County, Minnesota, lying southerly of a line nm parallel with and distant 50.0 feet northerly from the southerly line of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. That part of Lot 3, Block 2, SCHNFJDER PARK, according to the recorded plat'thereof, Carver County, Minnesota, lying southerly of a line nm parallel with and distant 50.0 feet northerly from the southerly line of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. (9) Easement for public right-of-way purposes in favor of City of Chanhassen as set forth in instrument filed January 10, 1978 in Book 138 of Deeds, Page 295, as Carver County Recorder Document No. 36265. The easement area to be vacated is described as follows: A 100.00 foot easement for public right-of-way purposes over, under and across the following described property: That part of the East 990.00 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116 North, Range 23 West of the Fifth Principal Meridian, lying southerly of the North 660.00 feet of said Southwest Quarter of the Southwest Quarter, except the East 433.00 feet thereof and also except the South 278.44 feet of the West 139.98 feet of the east 572.98 feet of said Southwest Quarter of the Southwest Quarter. The center line of said easement is described as follows: Commencing at the northwest comer of the Southwest Quarter of said Section 12; thence on an assumed bearing of South 1 degree 05 minutes 57 seconds west, along the west line of said Southwest Quarter, a distance of 1075.51 feet; thence North 44 degrees 01 minutes 38 seconds West a distance of 185.52 feet to the beginning of the center line to be descri~; thence South 44 degrees 01 minutes 38 seconds East a distance of 400.00 feet; thence southeasterly and southerly a distance of 551.01 feet along a tangential curve concave to the southwest having a radius of 701.57 feet and a central angle of 45 degrees 00 minutes 00 seconds; thence South 0 degrees 58 minutes 22 seconds West, tangent to said curve, a - distance of 940.00 feet to the south line of said Southwest Quarter and said center line there terminating. 104533 cITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) COUNTY OF CARVER I, Karen $. Engelhardt, being first duly sworn, on oath deposes that she is and was on February 13, 2003, 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 Notice of Public Hearing to vacation portions of right-of-way and drainage and utility easements at 7700 Market Boulevard (Schneider Park 2"d Addition) - Library Project No. 02-02 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 arid swom to before me this'R'~'~- ' ' ' ~ Notary Public g:~eng~forms~affidavit.doc ,..~IIIUULII I"~t~U ..~llC:C:~.~ U~t:: L~:IIII. JiCZLt: IU! ,.~J.O~,/''w' RICHARD W STEINER JR PO BOX 42O3 WHITEFISH MT 59937 STATE BANK OF CHANHASSEN 680 78TH ST W CHANHASSEN MN 55317 IND SCHOOL DIST 112 11 PEAVEY RD CHASKA MN 55318 CHANHASSEN SUITES LLC ATTN: JOHN KLINKHAMMER CEO 11800 SINGLE TREE LN SUITE 3O5 EDEN PRAIRIE MN 55344 BIGOS-WEST VILLAGE LLC 6400 BARRIE RD SUITE 1400 EDINA MN 55435 NATIONAL LODGING COMPANIES INC 11800 SINGLETREE LN SUITE 3O5 EDEN PRAIRIE MN 55344 T F JAMES COMPANY PO BOX 560 EXCELSIOR MN 55331 RICHFIELD STATE AGENCY INC ATTN: STEVE KIRCHNER 6625 LYNDALE AVE S RICHFIELD MN 55423 B C BURDICK 684 EXCELSIOR BLVD EXCELSIOR MN 55331 TARGET CORPORATION T-0862 ATTN: PROPERTY TAX DEPT TPN-0950 PO BOX 9456 MINNEAPOLIS MN 55440 WEND~S INTERNATIONAL INC PO BOX 256 DUBLIN OH 43017 MARKET SQUARE ASSOC LTD PTRSHP 200 HWY 13 W BURNSVILLE MN 55337 MARKET SQUARE ASSTS II LLC 470 78TH ST W PO BOX 250 CHANHASSEN MN 55317 Address Labels Laser. 5:!.60®