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2. Lots 1 and 2,The Hesse Farm 2nd Addn: Vacation of Easements 101 ,32 CITY OF MEMORANDUM © ` TO: Paul Oehme, Public Works Director /City Enginee CHANHASSEN 7700 Market Boulevard FROM: Alyson Fauske, Assistant City Engineer PO Box 147 Chanhassen, MN 55317 DATE: December 13, 2010 a . Administration SUBJECT: Lots 1 and 2, The Hesse Farm 2nd Addition: Vacation Drainage and Phone: 952,227.1100 Utility Easements Fax: 952.227,1110 PROPOSED MOTION Building Inspections Phone: 952.227,1180 Fax: 952.227.1190 "The City Council is recommended to vacate the drainage and utility easement as described on the attached. Engineering Phone: 952.227.1160 City Council approval requires a simple majority vote of the City Council Fax: 952227.1170 present. Finance Phone: 952.227.1140 BACKGROUND Fax: 952.227.1110 . _ ,, _ . + r ,. Park & Recreation Creek Drive requests that the side ------- - ^ 4 . t ; # f< : -~: ` Phone: 952.227,1120 yard drainage and utility easements ` C� Fax: 952.227.1110 on the platted common lot line of x � r ' `'fir Lots 1 and 2, Block 1, The Hesse �,` ' Recreation Center Farm 2nd Addition, be vacated. y \ A 2310 Coulter Boulevard The easement vacation area is Phone: 952.227.1400 s i n ye °° Fax 952.227.1404 � Planning & The lot line between Lots 1 and 2, tip_ _ Natural Resources Block lwas adjusted by an - Phone: 952.227.1130 administrative subdivision on i ' Fax: 952.227.1110 June 26, 2006. There are no public y -- , Public Works or private utilities within the 1591 Park Road easements that are proposed to be Phone: 952.227,1300 vacated and there are no drainage , v - °° Fax: 952.227.1310 issues at this location that would \ - -. require an easement, therefore the t, -.__ Senior Center -4- easement is not needed. \ . — Phone: 952.227.1125 L �-- Fax: 952.227,1110 !- _ ;z.. New perimeter drainage and utility -- ' Web Site easements on the property will be • www,ci.chanhassen,mn.us dedicated, as shown on the attached. Attachments: 1. Application 2. Drawing and legal description 3. Notice of Public Hearing/Affidavit of easement vacation and of mailing/location map easement dedication g: \eng \vacaricihal thaeSelleig*Gamatunity-tardkitec- iNidngion o•lo.aigglanning for Tomorrow Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applic t N m nd Address: Property Qwner Name and Address: Ora d e' ( Same_ o) � /u-r.f Greek- OP. ( I 4 4 , / ? / - ) N X53143 Contact: Arad Contact: Phone: ICI - q4$. tt Fax: Phone: Fax: Email: brad ryte,e_C yar.koo. coo Email: 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) Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) 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 Notification Sign — $200 Sign Plan Review (City to install and remove) X Es ow for Filing Fees /Attorney Cost ** Site Plan Review (SPR)* '.50 UP /SPRNACNAR/WAP /Metes & Bounds - $450 Minor SUB Subdivision* TOTAL FEE $ 2 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. *Five (5) full -size folded copies of the plans must be submitted, including an 8 X 11" reduced copy for each plan sheet along with a digital 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. LOCATION: 1425 Bluff Creek Drive, Chaska, MN 55318 PID: 253320010 LEGAL DESCRIPTION: LOT 1, BLOCK 1, THE HESSE FARM 2ND ADDITION. AND THAT PART OF LOT 2, BLOCK 1, THE HESSE FARM 2ND ADDITION DESCRIBED AS BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2; THENCE RUN SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF FOR A DISTANCE OF 207.00 FEET ON AN ASSUMED BEARING OF SOUTH 55 DEGREES 09 MINUTES 03 SECONDS WEST; THENCE NORTH 45 DEGREES 18 MINUTES 38 SECONDS WEST FOR A DISTANCE OF 302.45 FEET; THENCE NORTH 300.00 FEET MORE OR LESS TO THE MOST NORTHERLY CORNER OF SAID LOT 2; THENCE RUN SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING. ALL IN CARVER COUNTY, MINNESOTA. TOTAL ACREAGE: 8.02 Acres WETLANDS PRESENT: NO REASON FOR REQUEST: Drainage and Utility easement was not vacated by city staff in 2008 when assemblage of parcels occurred. Property owner desires to build home on the property assembled but is required by staff to have Drainage and Utility easement vacated, prior to issuance of building permit Submittal Requirements for Easement or Right of Way Vacations 1. Along with the application and fees, submit a site survey showing the following: ❑ Legal description of the property. LOT 1, BLOCK 1, THE HESSE FARM 2ND ADDITION, AND THAT PART OF LOT 2, BLOCK 1, THE HESSE FARM 2ND ADDITION DESCRIBED AS BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2; THENCE RUN SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF FOR A DISTANCE OF 207.00 FEET ON AN ASSUMED BEARING OF SOUTH 55 DEGREES 09 MINUTES 03 SECONDS WEST; THENCE NORTH 45 DEGREES 18 MINUTES 38 SECONDS WEST FOR A DISTANCE OF 302.45 FEET; THENCE NORTH 300.00 FEET MORE OR LESS TO THE MOST NORTHERLY CORNER OF SAID LOT 2; THENCE RUN SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING. ❑ House, deck, patio, driveway, accessory structure locations. See Certificate of Survey ❑ Proposed vacation area. See Certificate of Survey ❑ All public and private utilities within the property. None ❑ Proposed easements, such as perimeter drainage and utility easements, drainage and utility easements over public and /or private utilities, etc. See Certificate of Survey ❑ Legal descriptions of proposed easements. A permanent easement for drainage and utility purposes over all that part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION lying southwesterly and westerly of a line drawn parallel with and 10.00 feet northeasterly and easterly of the following described line: Commencing at the most easterly corner of said Lot 2: thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West to the actual point of beginning of the line being described: thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet: thence North 300.00 feet more or less to the most northerly corner of said Lot 2 and said line there terminating. 2. If the property was recently purchased, submit proof of ownership. N/A 3. The owner or applicant must place a Gopher State One Call for public and private utility locates within the proposed vacation area. The owner or applicant must notify the Engineering Department when the locates will be completed. Will do. Proposed vacation of drainage and utility easement from City of Chanhassen Description of easement to be vacated: That part of the utility and drainage easement dedicated in the plat of THE HESSE FARM 2ND ADDITION lying 10.00 feet northeasterly and 10.00 feet southwesterly of the northeasterly line of Lot 2, Block 1, said addition, which lies northwesterly of a line drawn parallel with and 10.00 feet northwesterly of the southeasterly line of said Block 1 and easterly of a line drawn parallel with and 10.00 feet easterly of the westerly line of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and its southerly extension. Proposed permanent easement for drainage and utility purposes to City of Chanhassen A permanent easement for drainage and utility purposes over, under and across that part of Lot 2, Block 1,THE HESSE FARM 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota lying southwesterly and westerly of a line drawn parallel with and 10.00 feet northeasterly and easterly of the following described line: Commencing at the most easterly corner of said Lot 2: thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West to the actual point of beginning of the line being described: thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet: thence North 300.00 feet more or less to the most northerly corner of said Lot 2 and said line there terminating. Yr- CERTIFICATE OF SURVEY EIEBSEELEM 2 I FGAL IIFSCRIPTION 1425 lw MAN CREEK LOT 1, 000K 1, THE NESSE FARM 2ND *000105 AND THAT PARE CF LOT 2. 80(1030 I. 't 1165E FRAM 2ND ADOIRON DESGRIBm A5 BEGINNING AT TOE MOST EASTERLY CORNER OF SOD. LOT 2 THENCE FRAM ' ALONG TOE SDITC.454FRLT UNE THEREOF FORA 0051050[ T.00 7 ON AN ASSUMED BFNOND OF SOUTH 55 DEGREES OR 050105 03 SECONDS EI.I WES' THENCE NORTH DEGREES 18 MINUTES 38 SECONDS 14E5T. PCP A 0ISTAACCE OF 302.45 - -~� F; iNENCE NOR 300.00 FEET MORE DR LESS TO 1PE MOST NORTHER Y a. LOT 2; THENCE RUN SgIIMEASIERLY oNG PIE NORTHEASTERLY UNE 0% SAO LOT 2 TO THE POINT OF Rl4WNMO. Pll. IN (lJivER COUN MINNESMINNESOTA. r D` _ �T AI L; =TA T / - \�� ..a as {....'% I / '«1P S e ti so a 61,1 - .- • S8A'32'22 E 105 / 5 _ _ 1 / r , a / 45.''''.',"'4' - I r i, -'"�'_ " \ \ J"'.:2.4a, . @e \ I k / v ,a �w_. tit f AMP. (7 �° \ - __ \ SJ _ , 1 a \.\ z d_-4" s.n^ B' i " 4 , + ; 9'V /�{ ■ / J J J i' - 2D EEET T! 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Pmetl me « 00001 M *0010 _ w Rn 5) ELEVATION DATUM: NOLO 29 Swvayor 06147 Ms 10et 15. state of VAN NESTE SURVEYING PROFESSICM. SURVE1540 SERVICES V S «NONE t'm m °p15 "A0 (*001 *0 -41 NOTICE OF PUBLIC HEARING VACATION OF DRAINAGE AND UTILITY EASEMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, December 13, 2010, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of Brad Moe for the vacation of a portion of the drainage and utility easements in The Hesse Farm 2nd Addition. A legal description and drawing of the proposed vacation area are available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Alyson Fauske, Assistant City Engineer Phone: 952- 227 -1164 (Publish in the Chanhassen Villager on November 25, 2010) g: \eng \vacations \10 -01 hesse farm 2nd - moe \ph notice to paper.doc 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 December 1, 2010, 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 Easements in The Hesse Farm 2 Addition —1425 Bluff Creek Drive 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. Kar n J. Enge i t, Dep 4 Clerk Subscribed andworn to before me _ this day of,. .1), JEAN M. STECKUNG (/�� � . , Notary Public- Minnesota �1y oommisalon E Jan 31, 2014 " Notary Public r 3 kb „ ,. pie ... N.J. \ „„ '.1' rw • 4 „ \ J tpM / CaP)911®2 V, 14I Y6... r.rr.-- J..., _ <La -. 0 1.. —AVM This map is neither a legally 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 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 §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. . • ' / ra q 1 .,, 1t r• Or. 4 l 4 � N 0 - '`‘.7 1 N 11: " eGa+Ml Minreaov ...mow. - __ Ur_.__�� L1 Disclaimer This map is neither a legally 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 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 §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, inderand hold harmless the City from any and all claims brought by User, its employees or agents, orthird parties which arise out of the user's access or use of data provided. Notice of Public Hearing Notice of Public Hearing Chanhassen City Council Meeting Chanhassen City Council Meeting When is the Monday, December 13, 2010 at 7:00 p.m. When is the Monday, December 13, 2010 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. City Hall Council Chambers, 7700 Market Blvd. hearing: hearing: Proposal: Proposed Vacation of Easements Proposal: Proposed Vacation of Easements Vacation File No. 10 -01 Vacation File No. 10 -01 Applicant: Brad Moe Applicant: Brad Moe Address/ The Hesse Farm 2 Addition — 1425 Bluff Creek Dr. Address/ The Hesse Farm 2 Addition — 1425 Bluff Creek Dr. Location of A location map is On the reverse side of this Location of A location map is on the reverse side of this Proposal: notice. Proposal: notice. A vacation proceeding extinguishes the city's A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of vacation: vacated property generally reverts to the owner of the abutting property. the abutting property. This public hearing gives the neighborhood an This public hearing gives the neighborhood an opportunity to comment on the proposal. During the opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing meeting, the Mayor will lead the public hearing What through the following steps: What through the following steps: happens at the 1. Staff will summarize the vacation request. at the 5. 5. Staff will summarize the vacation request. meeting: 2. Theapplicant may comment on the request. meeting: 6. The applicant may comment on the request. 3. Comments are received from the public. 7. Comments are received from the public. 4. Public hearing is closed and the Council 8. Public hearing is closed and the Council discusses the vacation request. discusses the vacation request. If you'd like to review the proposal before the If you'd like to review the proposal before the meeting, please stop by City Hall during office meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227- Questions & Friday. Please contact Alyson Fauske at 952-227 - Comments: 1164 or e-mail afauske @ci.chanhassen.mn.us if you Comments: 1164 or e -mail afauske @ci.chanhassen.mn.us if have any questions or wish to submit written you have any questions or wish to submit written comments (please provide one copy in advance of comments (please provide one copy in advance of the meeting - staff will provide copies to the the meeting - staff will provide copies to the Council). Council). Notice of this public hearing has been published in the Chanhassen Villager on November 25, 2010. Notice of this public hearing has been published in the Chanhassen Villager on November 25, 2010. BLUFF CREEK GOLF ASSOC BRADLEY S & HEIDI R MOE CURTIS W & CAROL J BARDAL PO BOX 1060 1425 BLUFF CREEK DR 10301 HEIDI LN CHANHASSEN MN 55317 -1060 CHASKA MN 55318 -9515 CHASKA MN 55318 -9516 DANIELJ HANSON EMILY ANN ANDERSON ERICJ LOHSE 1450 WEST FARM RD 10441 BLUFF CIR 1501 W FARM RD CHASKA MN 55318 -9517 CHASKA MN 55318 -9534 CHASKA MN 55318 -9528 HOWARD L LAPIDES JAMES A & CARLA J STRUBLE JEFFREY A JONCKOWSKI 10460 BLUFF CIR 1405 WEST FARM RD 1315 BLUFF CREEK DR CHASKA MN 55318 -9534 CHASKA MN 55318 -9517 CHASKA MN 55318 -9515 JOHN D & DURENE KLINGELHUTZ KENNETH & JUDY EIDE KEVIN L SMITH 2970 CHASKA BLVD 1500 WEST FARM RD 10440 BLUFF CIR CHASKA MN 55318 -2285 CHASKA MN 55318 CHASKA MN 55318 KIRK MACKENZIE MICHAEL & JODI PARADIS MICHAEL & KATHY ARNOLD 10420 BLUFF CIR 10421 BLUFF CIR 1400 HESSE FARM RD CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 NICHOLAS & FRANKIE EVANOFF ROBERT & JUDI STEFFES ROBERT & MARY FAFINSKI 1401 HESSE FARM RD 1350 HESSE FARM RD 1520 WEST FARM RD CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 RONALD R SYMANITZ 13560 SKYLINE CIR SHAKOPEE MN 55379