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3. Frontier Cinema Addition: Vacation a Portion of Utility Easement.CITY OF � SSE N 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Charles Folch, Director of Public Works FROM: Dave Hempel, Assistant City Engineer`. DATE: September 3, 1997 SUBJ: Request to Vacate Portion of a Utility and Street Easement Lot 1, Block 1, Frontier Cinema Addition - Vacation File No. 97 -5 Staff has received a request from Chanhassen Properties to vacate an existing right -of -way easement and portion of a sanitary sewer and watermain easement which intersect the parcel. Chanhassen Properties is in the process of redeveloping the site as a cinema complex and the current easements of record inhibit the proposed site development as previously approved by the City. Staff was aware of their intent to reduce the size of the easement during review of the site plan for the cinema complex and recommended applying for a vacation. The applicant's request is to vacate in its entirety the 60 -foot wide right -of -way and sanitary sewer and watermain easement and, in return, will dedicate 45 -foot wide sanitary sewer and watermain easement (see Attachment 6). The City has an existing sanitary sewer and watermain within the easement. The scope and width of the easements are broader than necessary to maintain the City's utility lines. The right - of -way is not needed since Pauly Drive was constructed. Staff is in support of this request and recommends City Council approve vacation of the right -of -way and sanitary sewer and watermain easement recorded August 30, 1976, as Document No. 30099 contingent upon Chanhassen Properties, LLC dedication to the City of Chanhassen a 45 -foot wide sanitary sewer and watermain easement centered upon the existing utilities through Lot 1, Block 1, Frontier Cinema Addition. C9 Robert Copeland, Chanhassen Properties, LLC Attachments: 1. 2. 3. 4. 5. 6. g Aeng\Clav0cc\cinema vacaion.doc Application. Notice of public hearing. Location map. Exhibit A proposed vacation. Exhibit B - proposed 45 -foot easement. Amendment to easement. •: " �1�� �: .ate.: t'r'C� G�i � �` :��r •iaEy � �' r �e as ii' ..r •� Air 0v jly Counc Date ...�,... Compmhensive Plan Amendment .._ Tem �� P�rrnrt Conditional Use Permit _ Vacado of RQWIEasemerns ruMm Use Permit ._._... Variance Non- =nforming Use Permit _ Weiland Al erazion Permit Planned Unit Developmerr _ Zonlr9 App _.. moaning _, Zo e Ordnance AmendmeM Sign Perris s Sign Plan Review - I 'u don Sign Site Plan Review* E.s=w for Filing FeeslAt omey Costw"' ($50 CUPISPRNACNARMAP/Metes and Sounds, $400 Mmor SUBS low— S ubdIv =n * TOTAL PR NAM Chanhassen Cinema 7 Cr.Awnon 571 West 78th Street, Chanhassen Minn s_n_ta_ DESCRIP?7ON Lot 1 , Block. 1 Frontier Cinema Addition TOTAi.. ACHEAG _: ]2proximate ly 3 / 4 _ a r.rP WETLAN PRESENT YES x NO P ZONING B ZONING No change PSESENT LAND USE DESIGNATION Comme LAND USE D ESIGNATION No change FZAWN I=ORTHJS REQUEST Narrowing scope and width of easement filed as Document No. 30099 to accommodate proposed development* This ap n must be completed in ful and be typewritten or clearty printed and must be accompanied by alt 1rdormatton and plans required by app able City Ordinance provisions. Before fling this appdcation, you skid confer watt the Planning Depadmem to determ the specfic ordinance and procedural requirements applicable to your applicabon. A detarmkiaton of completeness of the application shad be made within ten buss w days of applic a on submittal. A w aw - of aEppkabon defa:iencies shall be mailed to the apps within ten business days of do firm. This is to certify that I am making appi'rcatton for the aeon by te City and t W l am responsible for complying wfth all City requirsments with regard to ttus request. This app n should be in my name and I am ft party whom Zhe City st=td contact Ong any maw pertaining to ttus appli on. I have a campy of proof of ownership (either copy of owner's Oupg=e Certificate of Me, Abstract of True or purchase agmment)* or 1 am the autho pemon to make this application and the fee owner has also signed this appkalion. 1 will keep myself informed of the deadlines for submission of m and the progress of this application. I further understand that additional fees may be charged for consuftg tees, feasibil ty st x&?s, e= wth an estimate prior to any aLsth to proceed with the study. The cfoc=erns and informatton i have submMed are true and correct to the best of Amy k =viedge. the * hereby noti les the applicant that development review cannot be cornpWrwd wid* 60 days due to pubs gearing equiremettts and agency review. Therefore, the czty is no vi-, V ft appCu i that the b y s vireS an aubama c 60 day n for development review. Development rWA% --t s4W be completed within 120 days unless ad onaj review e=nsions are approved by The apprmnt. HANHASSEN PROPERTIES, LLC /97 8/ 1 C W Si re ofAppticarrt and Owner 00e �gn=re of Fee. Owner Date Iabon Reclined on 6� Paid 1,/ GCS q9 Receipt No. lie appTicant should porn= cif for a copy of the staff report which wM be avabWe on Friday prior to the ffweting. it not cw=ct- - a copy of the report w5l be mailed to the appkarWs NOTICE OF PUBLIC HEARING CITY COUNCIL Monday, September 8,1997 at 6:30 p.m. City Hall Council Chambers 690 Coulter Drive SUBJECT: Vacation of Street and Utility Easement APPLICANT: Chanhassen Properties LLC LOCATION: East of Market Blvd. and North of Pauly Drive k o 0 NOTICE: You are invited to attend.a public, hearing about a proposal in your area. The applicant, Chanhassen Properties LLC, is requesting the city to vacate a portion of a street and utility easement located in Lot 1, Block 1, Frontier Cinema Addition to accommodate the proposed development of a cinema. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Mayor will open the public hearing. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses project. a decision. The Council will make 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 Friday. If you wish to talk to someone about this project, please contact David Hempel at 937 -1900 ext. 123. 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 August 21, 1997. G mum ilia .■ ■■ ■■ ■® ■. ■■ ■■ .. �■ ■■. ::: ■_.. ■■ / ■ ■ �• _ � .. .111 1■r�l ®• .111 1 ■► -IASSEN MEDICAL ARTS THOMAS J & MARY LOU KRUEGER .ST 78TH ST, #260 7136 UTICA LN -IASSEN, MN 55317 CHANHASSEN, MN 55317 BANK OF CHANHASSEN CITY OF CHANHASSEN 78TH ST C/O CITY TREASURER iASSEN, MN 55317 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 1BERG COMPANIES INC DAN DAHLIN , X 730 1885 FAIRMOUNT IASSEN, MN 55317 ST. PAUL, MN 55105 'BERG COMPANIES INC BLOOMBERG COMPANIES INC X 730 545 78TH ST W PO BOX 730 ASSEN, MN 55317 CHANHASSEN, MN 55317 ',AL LODGING COMPANIES INC ROBERT DITTRICH .ST 78TH ST SUITE 220 1827 CRESTVIEW DR RAIRIE, MN 55344 NEW ULM, MN 56073 BERG COMPANIES INC CITY OF CHANHASSEN C 730 C/O CITY TREASURER kSSEN, MN 55317 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 AL LODGING COMPANIES INC. CITY OF CHANHASSEN :ST 78TH ST SUITE 220 C/O CITY TREASURER �AIRIE, MN 55344 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 %L LODGING COMPANIES INC TIRES PLUS GROUP ST 78TH ST SUITE 220 701 LADY BIRD LANE IAIRIE, MN 55344 BURNSVILLE, MN 55337 1L LODGING COMPANIES INC B C BURDICK ST 78TH ST SUITE 220 684 EXCELSIOR BLVD IAIRIE, MN 55344 EXCELSIOR, MN 55331 SSEN RETAIL LTD PRTSHP AMERICANA BANK i ASSET MANAGEMENT INL 600 WEST 78TH ST PO BOX 790 H ST E SUITE 350 CHANHASSEN, MN 55317 JGTON, MN 55425 APPLEBEE'S RESTAURANT C/O AVTAX, INC. 1025 WEST EVERETT RD LAKE FOREST, IL 60045 '� r ■ ■ ■o • ■a ,.v t n 4 cv 1 %t-L T rt%_%) Wtu MA 1. 1If15 MAP IS A COMPILATION OF RECORDS AS THEY APEAR IN THE CARVER COUNTY OFFICES AND OTHER SOURCES. THIS MAP IS ONLY TO BE USED FOR REFERENCE PURPOSES. THE COUNTY AND IT AGENTS ARE NOT RESPONSIBLE FOR ANY INACCURACIES CONTAINED THEREIN. N >/2 SEC. >3, T.116, R.23 V A / ZZ00 OUTLOT A R r t o il � OL 8 $ � 210132700 n - 25.0132800 2S.0132800 A[�p171 1% 25.0130500 "� 0 '� di n 0 TO O � r ,L+ a� e X j 25.0130100 o prt , o N �NANHA.7J s 2y �.' BMX; 4 �� r f 11 oCK 1 �` 334.91 a te ' Z •� e • _ y �- � / I awe � A ounof —� � 0 � X2 • At-� ou or 2 I rl: $T A� A 25.0130700 o 2410 •, \ 0$1(ovaor A • • aaor • � � � 25' r � / ob �`/ E/ of 1 n r ` o N5 I `I Donor �A --�T UA ' n � — Ate __ -� � P TWO N V+ � .-- p�tt� of � $ � 25.0132000 Kj AZA �� ..-- • P d --v im / I X AGo'— 1 1 ' t e- r ,SR0A0s a SO N ar' CFO OUTLOT ,. --- -� A / 5 .41110 � • A \ 3d 253 Q �-- N O R + I Donor e r 25.0131900 SI A� AN �� pm0 } C14AN1 KES eUSpVE cf 't y ap• / l i 12 PARK 46 1 $E�� A OU ^ - ��'4 vA o K09 OUTLOT a OUTLOT " ,� ri I _ /e » • OUTLOT 39 30 13 29 I 1 ss ' c SE o c • L 3 3' I c r 2 3 40 33 to LOT 1 � � , i f?K pA C! 1N 15 us , 1, ,. J OF LAKE SUSAN ME ANDER LINE »o ,"o t• '" 13 PER GOVERNMENT NOTES o N OUTLOT F 12 o 8 /! is Is •• 1 ' C n sy 270 0 s2710 33 o !o o ^/ � y O t //�' /% _ N� _ _ Iti St 34 EXHIBIT A PROPOSED VACATED EASEMENT �Sncrete Curb -r - - _.w -� - 1 ' • ` Storm M. H: Gutter E .,- � �------------------------------------------------ .. =�-�_- � '•. Rim = 955. 1 In n— - - - - -- _ _....._...- ...._._.__.......- _..,.__.,.,.� .. -� _:�-- �" E v --949 1 � .r-•- - - -= _=,� � � -..._ � �._._...... _ _ ��_.�_ .,._ _� _ _ _ - - - _ - "" - ' � � r-- 1�•. fi t , �i j t. 9 West Division Buffalo MN. 55313 Ph: 682 -4727 Fax: 682-3522 SSOCIATES Engineers and Land Surveyors, Inc. EXHIBIT B PROPOSED 45 FOOT EASEMENT L . ... ... . ........ t Curb 1 - €' '- ;'` —C-oncre e Gutter ............. 56 LLJ1 Storm ,H /* Rim lnv=.949. 9 West Div:* `� Buffalo MN. w o Ph: 682-47, Fax 682 - 3' SSOCIATES En and Land Surve Inc. This Amendment to Easement is made as of the day of 1997 between Chanhassen Properties, LLC, a Minnesota limited liability compa p Y Properties "), and the City of Chanhassen, a Minnesota municipal corporation the "Ci " . � tY ) RECITALS A. Chanhassen Properties owns certain real estate legally described as Lot 1, Block 1, Frontier Cinema Addition, Carver County, Minnesota (the "Chanhassen Properties Parcel "). B. Chanhassen Properties' predecessor in interest executed an Easement in favor of the City dated August 26, 1976, and recorded August 30, 1976, as Document No. 3 0099 ( the "Easement "), which Easement, in part, grants certain rights in favor of the City over a portion of the Chanhassen Properties Parcel. - C. The scope and width of the Easement are more broad than necessary, and the parties desire to amend the Easement to narrow its scope and width. AGREEMENTS In consideration of the Recitals and the following mutual agreements, the artiagree as es a p g follows: 1. Narrowing of Scone The following language in the Easement, solely as it relates to and affects the Chanhassen Properties Parcel, is deleted in its entirety: "WITNES SETH, That the said party of the first part, in consideration of One Dollar and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt where of is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant to said art of the second p Y part its successors and assigns, the perpetual right and easement to construct, maintain, operate and repair public rights of way, streets and utilities, mains, pipes and appurtenances over, under and across the premises described in Exhibit `A' attached hereto and made a part hereof, together with whatever temporary easements are therein described, and together with a perpetual easement for ingress and egress." And is restated as follows: "WITNES SETH, That the said party of the first part, in consideration of One Dollar and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt where of is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part, its successors and assigns, the perpetual right and easement to construct, maintain, operate and repair sanitary sewer and water mains over, under and across the premises described in Exhibit `A" attached hereto and made a part hereof, together with a perpetual easement for ingress and egress for purposes of such construction, maintenance, operation and repair." 2. Narrowing of Width Exhibit "A" to the Easement, solely as it relates to and affects the Chanhassen Properties Parcel, is deleted in its entirety and replaced with Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this , Amendment as of the date first above written. CITY OF CHANHASSEN Me Mayor ATTEST: Its -2- STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 1997, by , and the Mayor and , respectively, of the City of Chanhassen, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public CHANHASSEN PROPERTIES, LLC MD Its STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day f Y , 1997 by , the of Chanhassen Properties, LLC, a limited liability company under the laws of Minnesota, on behalf of the limited liability company. , Notary Public CONSENT The undersigned, the owner of a mortgage lien on the Chanhassen Properties Parcel p hereby consents to the terms and conditions of this Amendment and acknowledges that its . men g mortgage lien is subject thereto. CENTURY BANK NATIONAL ASSOCIATION Its -3- STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997 by , the of Century Bank National Association, a national association under the laws of the United States of America, on behalf of the national association. Notary Public This Instrument Drafted By: Henson & Efron, P.A. 1200 Title Insurance Building 400 Second Avenue South Minneapolis, Minnesota 55401 612/339 -2500 ( DAB ) 67 186.0 -4- I -W IM ! That part of the south 45.00 feet of the north 552.50 feet of the west 180.00 feet of the Northeast Quarter of the Northwest Quarter of Section 13 Township 116 � p Range 23, Carver County, Minnesota, that lies east of the west line of Lot 1 Block 1 Frontier ' ' Cinema Addition, Carver County, Minnesota, according to the record p lat thereof.