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4. Vineland Forest, Michael Homes: Drainage and Utility Easement Vacation.1 MEMORANDUM I I H CITY OF 4 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Bob Generous, Senior Planner DATE: March 6, 1996 SUBJ: Vacation of Drainage & Utility Easement on Lots 1, 2, and 3, Block 3, Vineland Forest PROPOSAL SUMMARY The applicant, Michael Homes, Inc., is req easements between Lots 1 and 2 and Lots 2 combine three lots into two single - family lc Pleasant View Road and is zoned Single Fa ANALYSIS ,ation of the drainage and utility 3, Vineland Forest for the purpose of -rty is located at approximately 955 ial, RSF. The City currently does not use the drainage and utility eas eight inch watermain and eight inch sanitary sewer line are easement that runs along the east side of Lots 1, 2 and 3. 7 will need to be maintained. A new drainage and utility eas proposed common property line as a cond tipn , , vacating the vacation of t4e existing easements shall,be,con approval of an administrative subdivision from the County. s between the existing lots. An d in a drainage and utility sting easement over these lines shall be dedicated along the sting easements. In addition, >roperty, owner, receiving ding the new lots with Carver Staff is, somewhat, concerned regarding the proposed location of the new property line. As part of the approval of the vacation, the City wouldxequire the landowner enter into an encroachment agreement with the City stating that if the City iv e to ever use the proposed easement, the City would not be liable for the replacement of any trees or vegetation planted within the easement. As an alternative, the property owner could realign the new property line to avoid the pines planted in the area. Michael Homes, Inc. March 5, 1996 ' Page 2 MISCELLANEOUS The abutting property owner to the east, Mr. Philip Larson, is concerned with the proposed location of the new property line. In building his home on adjacent property, he located his , house to the east of the common lot lines between Lots 2 and 3 in order to maintain an open view to the west of at least 60 feet. With the proposed administrative subdivision and city setback requirements, a house could be located within the area that previously would have been open. ' RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves the vacation of the drainage and utility easements along the common property lines of Lots 1 and 2, and Lots 2 and 3, Block 3, Vineland Forest, subject to the following conditions: 1. The property owner shall make application for and receive approval of an administrative subdivision of the properties prior to recording of the easement vacation. 2. The property owner shall dedicate to the City of Chanhassen a 10 foot wide drainage and utility easement centered along the common property line of the proposed administrative subdivision. 3. The landowner shall enter into an encroachment agreement with the City stating that if the , City were to ever use the proposed drainage and utility easement within the administrative subdivision, the City would not be liable for the replacement of any trees or vegetation planted within the easement. As an alternative, the property owner could realign the new ' property line to avoid the pines planted in the area." Attachments 1. Development Review Application 2. Reduced Plot Plan ' 3. Notice of Public Hearing and Mailing List u 0 FROM CITY OF CHR.IHRSSEN L 10.17.1995 11:15 CITY OF CHANHASSEN 890 COULTER DRIVE CHANHASSEN, MN 65317 (612) 937.1900 DEVELOPMENT REVIEW APPLICATION P. 3 Mary Meuwissen for r PPLICANT MICHAEL HOMES, INC OWNER Frank & Marilyn Beddor r DDRESS: 3622 S, Highway 101 ADDRESS 9 10 Pleasantview Road Wayzata, MN 55391 TELEPHONE (Day tlm8) 475 -9509 TELEPHONE: ' 670 -5879 (mobile) Chanhassen, MN 55317 1. ` Comprehensive Plan Amendment 11. Vacation of ROW asements 2. _ Conditionol Use Permit 12. Variance Interim U4e Permit 13. Wetland Alteration Permit 4. , Non•conf4rming Use Permit 14. Zoning Appeal b. Planned Unit Development 1S. _ Zoning Ordinance Amendment 6. _ Rezoning 7. Sign Perni is Sign Plan`Revlew Notification Signs 9. _ Site Plan hevlew Escro r Filing Fees/Attorney Cost" $50 `CUP /SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) 10. _ Subdivision TOTAL FEE $ 150.00 A list of all property owners within 500 feet of the boundaries of the property must Included with the application. 631" X 11" Reduced copy of transparency for each plan sheet. ,NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. Escrow will be required for other applications through the development contract g pp FROM CITY OF CHANHASSEN 10.17.1995 11315 P. 4 PROJECT NAME E Vineland Fo ' LOCATION of Pnwara — B - 1 y d - So„t w � f p1 ant View. N orth of Nez Perce LEGAL DESCRIP116N CURRENT: Lots 1, 2 & 3, Block 3, Vineland Forest ' PROPOSED: Lengthy, see attachment PRESENT ZONING Residential single family REQUESTED ZONIIJIG Residential single family PRESENT LAND LISA DES!GNNATION neL;iueui_ial REQUESTED LAND :USE DESIGNATION Residential REASON FOR THiStREQUEST See attachment This application must �e 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. This is to certify that f 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 co0y of Owners 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 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional tees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to procebd with the study. The documents and Information I have submitted are true and correct to the best of my knowledge. 1 Signature of Ap Icant I � w Date s . n ig atur of Fee Owner Date v kppiication Received On 47 - `l4 , _ Fee Paid Gi Receipt No. I n 'he applicant shouid contact staff for a copy of the staff report which will be available on Friday prior to the nesting. it not contacted, a copy of the report will be mailed to the applicant's address. u � L City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 ATTACHMENT TO DEVELOPMENT REVIEW APPLICATION Vacation Checklist 1. Completed application form. See attached. PROPOSED LEGAL DESCRIPTIONS Parcel A All of Lot 1 and that part of Lot 2, Block 3, Vineland Forest, Carver County, Minnesota, lying northerly of a line drawn from a point on the east line of said Lot 2 distant 53.53 feet north of the southeast corner of said Lot 2 to a point on the west line of said Lot 2 distant 66.00 feet north of the southwest corner of said Lot 2 and there terminating. Parcel B All of Lot 3 and that part of Lot 2, Block 3, Vineland Forest, Carver County, Minnesota lying southerly of a line drawn from a point on the east line of said Lot 2 distant 53.53 feet north of the southeast corner of said Lot 2 to a point on the west line of said Lot 2 distant 66.00 feet north of the southwest corner of said Lot 2 and there terminating. 2. Application fee ($150.00). Attached. 3. Evidence of ownership of interest in property. Attached is the Purchase Agreement between Frank & Marilyn Beddor and Michael Homes, Inc. for the purchase of the property (11 pages). 4. Location map showing property within 1/2 mile of site, etc. Noted on attached survey as "Vicinty" (sic) Map prepared by Lot Surveys Company, Inc. and dated 10 -24 -1995 (revised). 5. List of property owners and addresses within 500 feet of property boundary. See 3 page list attached containing 39 names and addresses prepared by Carver County Abstract and Title Co., Inc. MICHAEL HOMES, INC 3622'S. Highway 101, Ste. 100 — Wayzata, MN 55391 475-9509 (office) / 670 -5879 (mobile) City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 ATTACHMENT TO DEVELOPMENT REVIEW APPLICATION Vacation Checklist (Page 2) 6. Property adjacent to a lake. Not applicable. 7. Plat plan showing vacation. See attached survey. 8. Legal description of easement or right -of -way. See attached survey. 9. Statement of need for vacation and basis for not preserving the easement or right -of -way for future use. The utility and drainage easements are not being vacated entirely, but rather are being revised from two easements separating 3 existing lots to one easement separating 2 proposed lots. 10. Survey locating all public and private utilities and other public improvements, e.g. boulevard trees, sidewalk, etc. See attached survey. MICHAEL HOMES, INC. 3622 S. Highway 101, Ste. 100 '- Wayzata, NIN 55391 475-9509 (office) 1670-5879 (mobile) / r A =/,/,= = = m m = = m m = m = II / 0 10 I 7 - - � PIUE 7Rfk5 Q � i ; po ,1 _19-7 4 : - ) TION OF Ea EMENT - - -� k, PR POSED ` n \O BE VACA D / '1 U I�ITY e. N -� �`.r' PORTIO LL , N 1 ) �., N OF EA�EMENT 'lo 511 D AINAGE TO BE VACATED +- � d / C G Ll ESEMFNT J . PAR � � �` � T���� PA R� IC E L / l • �5 ; � J W GO J 7- 4 , o F ; f u(IUrY jn 1p I �— \ v� i� ��/ r Z / P / /- VP- A111A6f / 0 - - Gravel NO °0 2'' - -- 1 d J � _ 0 / LL TICAL LOT V No 6cake I C N T Y M A P -- -� ke` . 1 �• ��'I l'hristmrs � r r+ Lake i � � �� qaJyj+yw �� ii1''i s.w w. �� ✓ASn. .��': NOTICE OF PUBLIC HEARING PROPOSED VACATION OF UTILITY EASEMENTS , CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public , hearing on Monday, March 11, 1996 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Michael ' Homes, Inc. to vacate drainage and utility easements between Lots 1 and 2 and Lots 2 and 3, Vineland Forest for the purpose of combining 3 lots into 2 single family lots, located at approximately 955 Pleasant View Road. ' A plan showing the location of the proposal is available for review at City Hall during regulate business hours. I All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner ' Phone: 9371900, ext. 141 (Publish in the Chanhassen Villager on February 29, 1996) n I 31 Frank Jr. & M. Beddor William Sr. & B. Gullickson Edward Jr. & V. Szalapski 649 5th Ave. S. 830 Pleasant View Road 850 Pleasant View Road Naples, FL 33940 Chanhassen, MN 55317 Chanhassen, MN 55317 Frank Beddor, III Michelle Beddor Steven Beddor 535 N. Pointsettia Pl. 1280 Grand Ave., #301 1010 Pleasant View Road Los Angeles, CA 90036 St. Paul, MN 55105 Chanhassen, MN 55317 Gordon & P. Whiteman William Cunningham Henry & Sharon Graef 825 Pleasant View Road 865 Pleasant View Road 855 Pleasant View Road 'Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 'Todd & T. Owens Frank Beddor Frank Beddor Jr. 6535 Peaceful Lane 80 West 78th Street, #133 4400 Gulf Shore Blvd. N., 4602 ' Chanhassen, MN 55317 Chanhassen, MN 55317 Naples, FL 33940 aniel & S. Peterson Rogers Mark & Kay Eidem Kevin & Michelle Weber 6500 Nez Perce Dr. 6520 Nez Perce Dr. 6540 Nez Perce Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Michael & M. Heffron Robert Jr. & Mary Patterson David & Linda Lundahl 560 Nez Perce Dr. 6580 Nez Perce Dr. 6501 Nez Perce Dr. hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 k ohn & Barbara Hansen Donald Shearer & Karen Po itz Phillip & Susan Kam pp p p 6511 Nez Perce Dr. 900 Vineland Ct. 880 Vineland Ct. 11 hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 k odd Cocallas David & Paula Donna Douglas & Darlene Olson 60 Vineland Ct. 881 Vineland Ct. 901 Vineland Ct. f hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 I aniel & Janet Syverson Douglas & C. Payton Leeby Keith & P. Neva 21 Vineland Ct. 6561 Nez Perce Dr. 6501 Troendle Cir. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Patrick Graven Michael & Pamela Horn Francis & N. Yanak t 64 Kettle Creek Road 6541 Troendle Cir. 7951 Powers Blvd. agan, MN 55123 Chanhassen, MN 55317 Chanhassen, MN 55317 Patrick & Joan Wyers Jayson & Patricia Dreher Anthony & Susan Schiller 6581 Troendle Cir. 6590 Troendle Cir. 6580 Troendle Cir. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Curt & S. Schwieso Gregory & Patricia Adams John & Kathleen Norton 6540 Troendle Cir. 6520 Troendle Cir. 6500 Troendle Cir. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317