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Klingelhutz Parcel C: Vacation of Portion of ROWCITY OF MEMORANDUM CHMNSEN 0- TO: Paul Oehme, Public Works Director /City Engineer 7700 Market Boulevard PO Box Bou FROM: Alyson Fauske, Assistant City Engineer ca 147 Chanhassen, MN 55317 DATE: May 23, 2011 �I Administration SUBJECT: John Klingelhutz "Parcel C" PID 250242630: Vacation of a Portion of Phone: 952.227.1100 Lyman Boulevard Right of Way 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: 952.2271110 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 PROPOSED MOTION "The City Council is recommended to vacate the portion of the Lyman Boulevard Right of Way as described on the attached and subject to the conditions within this report. City Council approval requires a simple majority vote of the City Council present. BACKGROUND In 2010, John Klingelhutz subdivided property PIDs 250242700 and 250242600 into three parcels: Parcel A PID 250242610, Parcel B 250242620 and Parcel C 250242630. The original property boundaries and the administrative subdivision boundaries are shown below. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Administratively subdivided properties Original properties John Klingelhutz "Parcel C" Vacation of a Portion of Lyman Boulevard ROW May 23, 2011 The property owner requests that a portion of the Lyman Boulevard right of way adjacent to Parcel C be vacated. The easement vacation area is shaded in the sketch. The right of way was originally dedicated when Lyman Boulevard was constructed. The City Attorney's office has researched the title work associated with this parcel and determined that this portion of Lyman Boulevard right of way would turn back to "Parcel C ". In the 1990s, the portion of Lyman Boulevard adjacent to the property was realigned. The Lis Pendens agreement recorded January 12, 1996 as Document Number 189939 awarded the additional right of way required for the Lyman Boulevard realignment. As a result of the realignment, the portion of r� X1. P J� LYMAN BOULEVARD lit right of way shown in the right of way vacation sketch is no longer needed for roadway purposes. / p YMAN �. BLVD i 0 l i i Cable television and a gas line exist within the area proposed to be vacated. A new drainage and utility easement will be dedicated as shown on the attached easement sketch. The gas line will be relocated within the easement, which is the hatched area shown to the left. If approved, the right of way vacation will not be recorded until the gas line is relocated within the easement. gAengWacationsIlingelhutz parcel c \cc memo.doc John Klingelhutz "Parcel C" Vacation of a Portion of Lyman Boulevard ROW May 23, 2011 Staff recommends approval of the vacation of a portion of the Lyman Boulevard right of way subject to the following conditions: 1. The gas line must be relocated within the proposed drainage and utility easement before the vacation is recorded, and 2. The drainage and utility easement dedication must be recorded prior to the right of way vacation. Attachments 1. Application 2. Drawing and Legal Description of ROW Vacation and Easement Dedication 3. Notice of Public Hearing /Affidavit of Mailing /Location Map 4. Resolution gAeng \vacations\klingelhutz parcel c \cc memo.doc CITY OF CHANHASSEN 7700 Market. Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Planning Case No. Applicant Name and Address: DDK CONSTRUCTION 1560 Bluff Creek Drive Chanhassen MN Co Dave Pokorney Phone: ax: Email: _ davepokorne7@gmaii.com same Contact: Phone: Fax: 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) XXXX Vacation of Right-of-Way/Easements, (VAC) {Add[tional recording fens may apply) CITY OF CHANHASSEN Interim Use Permit (►UP) Variance (VAR) RECENED Non-confouning Use Permit Planned Unit Developmene Rezoning Sign Permits Sign Plan Review Site Plan Review (SPRr Subdivision* Wetland Alteration Perrrgt (WAP) 111 D. 2010 Zoning Appeal ENGINE E DEPT. Zoning Ordinance Amendment Notification Sign —$200 (City to install and remove) X Escrow for Filing Fees/Attorney Post*' - $50 CUPISPRIVACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 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. Tive (5) full-size folded copies of the plans must be submitted, including an W/V" 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. PROJECT NAME: Vacation of a Portion of Lake Riley Blvd LOCATION: South east corner of Lyman Blvd and Lake Riley Blvd See attached legal LEGAL DESCRIPTION AND P ID: TOTAL ACREAGE: WETLANDS PRESENT: - YES - NO RLM - Residential Low and Medium Density District PRESENT ZONING: REQUESTED ZONING: No change PRESENT LAND USE DESIGNATION: Residential REQUESTED LAND USE DESIGNATION. REASON FOW9WER jill't ef Way see attaehed lettef FOR SITE PLAN REVIEW Include numberof existing employees: and new employees: This applicaban must be completed in full and be typewritten or clearly printed and must be accompanied by all information and pLins 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 applicafion deficiencies shall be mailed to the applicant with 15 business days application. This is to certify that I am making app licatio n 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 Ownert 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, et(-- 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. 1 7 I./ql(6 I Nti // / �( //0 , . Date PROPOSED LEGAL DESCRIPTION TO VACATE RIGHT OF WAY All of the public roadway lying within the following described property All that part of Government Lot 2 of Section 24, Township 116, Range 23, Carver County, Minnesota, lying southeasterly of a line lying 40.00 feet southerly of, as measured at right angles to and parallel with the centerline of Lyman Boulevard per Doc. No. T90333 and 189939. Said centerline is described as follows: Beginning at the west quarter corner of said Section 24; thence South 89 degrees 08 minutes 52 seconds East, where the eost —west quarter line bears South 89 degrees 47 minutes 54 seconds East, a distance of 2186.62 feet; thence easterly, a distance of 28.00 feet, along a tangential curve, concave to the north, having a radius of 800.00 feet and a central angle of 02 degrees 00 minutes 19 seconds; thence North 88 degrees 50 minutes 49 seconds East, a distance of 629.36 feet; thence easterly, a distance of 11.92 feet, along a tangential curve, concave to the south, having a radius of 800.00 feet and a central angle of 00 degrees 51 minutes 14 seconds thence North 89 degrees 42 minutes 03 seconds East, a distance of 592.50 feet to a point herein ofter referred to as Point 'A'; thence northeasterly, a distance of 550.91 feet, along o tangential curve, concave to the northwest, having a radius of 450.00 feet and a central angle of 70 degrees 08 minutes 38 seconds; thence North 19 degrees 33 minutes 26 seconds East, a distance of 149.08 feet; thence northeasterly, easterly and southeasterly, a distance of 954.67 feet, along a tangential curve, concove to the south, having a radius of 510.00 feet and a central angle of 107 degrees 15 minutes 06 seconds and there terminating. _I c and; Lying northeasterly of a line lying 25.00 feet northeasterly of, as measured at right angles to and parallel with the following described line: V J Commencing at the previously described Point 'A'; thence northeasterly a distance of 286.40 feet along a curve concave to the northwest, having a radius of 450.00 feet, a I ° l A'b central angle of 35 degrees 27 minutes 58 seconds and the chord of said curve bears North 71 degrees 28 minutes 04 seconds East, to the p oint of beginning of the line to 9 9 9 P 9� 9 be described; thence South 36 degrees 45 minutes 55 seconds East, a distance of 63.40 feet; thence southerly a distance of 162.59 feet along o tangential curve concave to the west, having a radius of 185.00 feet and a central angle of 50 degrees 21 minutes 21 seconds and said line there terminating.�� / ��' * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO KLINGELHUTZ DEVELOPMENT COMPANY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 8TH DAY OF NOVEMBER, 2010. 1 / O I / SIGN ONEER ENGINEERI P.A. J BY: `' i O John C. Larson, Professional Land Surveyor <, // 80 / Minnesota License No. 19828 DRAWING NOT TO SCALE W 1/4 CORNER, E -W 1/4 LINE - S ° 47 5 4'E S89 Og'S2 "E 'er ! 2186. \�/ V N88 °50'49'E - 62 V CP 6' P. — 0 0 0 C7 �- 1> r C7 '" -A F i C5 r- �� C7 REVISION: 2/3/11 629.36 --T4� 'A 6 - o �� a0 R i w O x RIGHT OF WAY PER NOTICE OF LIS PENDENS DOC. NO. T90333 AND 189939c LYMAN BOULEVARD N89 °42'03 "E - - - - - -- 592.50 - -- - - -- -- g6 / p \ I vGAAnt Iv n r r- %IAU)r , D' / A - A, L. I rvlr�1 v L.vvL.C_ v rtl \V POINT 'A'- �— oN / ��� >IA I /�r - I A f1f\ITI/1� RILEY BOULEVARD, . �.i I \II Vl7i IL_L.V Imo: I i`�VVI I IVI V L' RIGHT OF WAY TO BE VACATED a 0 C� o °® Q >� a Q O r~ � O N a U w (� F O DO .� z 0 O n` u o y D z . Z � ;z la � s m L� z y W W N y U N Sheet 1 of 2 * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY / IMPROVEMENTS TO SAID LAND EXCEPT AS SHOWN. � T / LYMAN BOULEVARD RIGHT OF WAY PER NOTICE OF LIS PENDENS DOC. NO. T90333 / e / e :::�::. ::: .. . i —__�— ............ V 1,ty A t1 f11T Ir1 1\ I i I \II N \71 IL- L.L/ I I i - \VLJI I ILJI N I / 0 1 = STORM SEWER LINE Lv 0 / a� Q �zrn J � co WATER LINE LJ Sao p z / / QZ J Q = O Low 0 / z�� m 9 B = / 0 Oz z � ELECTRIC BOX / 1 A = FLARED END SECTION �= HYDRANT 'ice = LIGHT POLE Q = ' 4 -8 = UTILITY POLE 0 = SANITARY OR STORM MANHOLE '? = SIGN co = G; A / /y T � T / LYMAN BOULEVARD RIGHT OF WAY PER NOTICE OF LIS PENDENS DOC. NO. T90333 / e / e :::�::. ::: .. . i —__�— ............ V 1,ty A t1 f11T Ir1 1\ I i I \II N \71 IL- L.L/ I I i - \VLJI I ILJI N / RIGHT OF WAY TO BE VACATED LEGEND I / 0 1 = STORM SEWER LINE Lv 0 / a� Q �zrn J � co WATER LINE LJ Sao p z / / QZ J Q = O Low 0 / z�� m 9 B = / 0 Oz z � ELECTRIC BOX A = FLARED END SECTION / RIGHT OF WAY TO BE VACATED LEGEND •Q W a O �a W ° U � a F� O M � O ¢ N a cts w � U w M 0 N �0 a J 4 0 kn N D Z o z z � c ;E ;z Q Y Ns U C 0 z LL1 O l N S j N �-y U N 2 2 of 2 L y C O 'a o 0 N 71 = BITUMINOUS = STORM SEWER LINE = SANITARY SEWER LINE > — = WATER LINE -- ; = UNDERGROUND TELEVISION LINE tv = UNDERGROUND ELECTRIC LINE e = UNDERGROUND GAS LINE 9 B = CATCH BASIN = ELECTRIC BOX A = FLARED END SECTION �= HYDRANT 'ice = LIGHT POLE Q = MANHOLE OTHER THAN SANITARY OR STORM -8 = UTILITY POLE 0 = SANITARY OR STORM MANHOLE '? = SIGN co = CLEANOUT •Q W a O �a W ° U � a F� O M � O ¢ N a cts w � U w M 0 N �0 a J 4 0 kn N D Z o z z � c ;E ;z Q Y Ns U C 0 z LL1 O l N S j N �-y U N 2 2 of 2 L y C O 'a o 0 N PROPOSED UTILITY EASEMENT An easement for utility purposes lying over, under and across that part of Government Lot 2 of Section 24, Township 116, Range 23, Carver County Minnesota described as follows: Commencing at the west quarter corner of said Section 24; thence on an assumed bearing of South 89 degrees 47 minutes 54 seconds East, along the east west quarter line of said Section 24, a distance of 3795.05 feet; thence on a bearing of North, a distance of 13.68 feet to the northeasterly right of way line of Riley Boulevard as described in Lis Pendens Document Numbers T90333 and 189939 and the point of beginning of the easement to be aescribed; thence northwesterly, a distance of 42.98 feet along said northeasterly right of way line and along a non — tongential curve concave to the southwest, having a radius of 210.00 feet, o central angle of 11 degrees 43 minutes 35 seconds and a chord bearing of North 30 degrees 54 seconds 08 seconds West; thence North 36 degrees 45 minutes 55 seconds West along said northeasterly right of way line tangent to said curve, a distance of 24.04 feet to the southeasterly right of way line of Lyman Boulevard as described in said Lis Pendens Document Numbers T90333 and 189939; thence northeasterly a distance of 91.20 feet along said right of way line and along a non — tangential curve concave to the northwest having o radius of 490.00 feet, a central angle of 10 degrees 39 minutes 50 seconds and a chord beoring of North 44 degrees 58 minutes 42 seconds East, to the intersection with a line bearing North 13 degrees 03 minutes 31 seconds East from the point of beginning; thence South 13 degrees 03 minutes 31 seconds West, a distance of 123.69 feet to the point of beginning. * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO KLINGELHUTZ DEVELOPMENT COMPANY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 8TH DAY OF NOVEMBER, 2010. 51G E PIONEER ENGIN -r G P. A. BY: John C. Larson, Professional Land Surveyor Minnesota License No. 19828 REVISED 3/3/11 ADD UTILITIES AND NOTE 3_ --W 1/4 CORNER - - - - - - - - / I \/N A A N I I r A [> r1 S89'47'54 "E - - - V L. I IV) - \I v L :VIJL.L_ V r� C7 C7 C� CJ - 7 L - (> G v � I rl I II I rl I I C7 11 J i � � n i L� J `J 100 50 0 100 Scale in Feet rn t T t SOUTHEASTERLY RIGHT OF O) _ WAY OF LYMAN BOULEVARD to / ti 369,15 5S �4 o 42 / R �j o o 45 _ — -,f o5 4 0a " `N J „ E - W 1/4 LINE - C - � ' �� / �%L s I to - NORTHEASTERLY RIGHT OF WAY OF RILEY BOULEVARD 9 NORT A 11111T1(1n I / \L/LJI I I\JI V R 0/' /I PROPOSED UTILITY r' EASEMENT i� / �a L1 J IJ; O H -� W o W W H m o Q N a W 0 U w Q E 6 U t _ C w c ° c 00 'EL u C o c a r z G C� o 4) > rn z J vl �z z' N h 00 u a N z y x r wo v j N N Sheet 1 of 1 W N W (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINGE AND UTILITY PURPOSES CHESTNUT GROUP, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached description sketch. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 157430001 1 (Abstract Property) SRN:r04.29 /2011 The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of , 2011. GRANTOR: CHESTNUT GROUP, LLC BY: Its AND Its STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2011, by and by the and of Chestnut Group, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms 157430001 2 (Abstract Property) SRN:r04.29 /2011 EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTION A permanent easement for public drainage and utility purposes lying over, under and across that part of Government Lot 2 of Section 24, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 24; thence on an assumed bearing of South 89 degrees 47 minutes 54 seconds East, along the east west quarter line of said Section 24, a distance of 3795.05 feet; thence on a bearing of North, a distance of 13.68 feet to the northeasterly right -of -way line of Riley Boulevard as described in Lis Pendens Document Numbers T90333 and 189939 and the point of beginning of the easement to be described; thence northwesterly, a distance of 42.98 feet along said northeasterly right -of- way line and along a non - tangential curve concave to the southwest, having a radius of 210.00 feet, a central angle of 11 degrees 43 minutes 35 seconds and a chord bearing of North 30 degrees 54 minuets 08 seconds West; thence North 36 degrees 45 minutes 55 seconds West along said northeasterly right -of -way line tangent to said curve, a distance of 24.04 feet to the southeasterly right -of -way line of Lyman Boulevard as described in said Lis Pendens Document Numbers T90333 and 189939; thence northeasterly a distance of 91.20 feet along said right -of -way line and along a non - tangential curve concave to the northwest having a radius of 490.00 feet, a central angle of 10 degrees 39 minutes 50 seconds and a chord bearing of North 44 degrees 58 minutes 42 seconds East, to the intersection with a line bearing North 13 degrees 03 minutes 31 seconds East from the point of beginning; thence South 13 degrees 03 minutes 31 seconds West, a distance of 123.69 feet to the point of beginning. 157430001 3 (Abstract Property) SRN:r04.29 /2011 ATTACH DESCRIPTION SKETCH PREPARED BY PIONEER ENGINEERING 157430001 4 (Abstract Property) SRN:r04.29 /2011 NOTICE OF PUBLIC HEARING VACATION OF EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 23, 2011, 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 DDK Construction for the vacation of a portion of the Lyman Boulevard right of way generally located on the east side of Lake Riley Boulevard. 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 May 5, 2011) gAengWacationsWingelhutz parcel c \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 May 11, 2011, 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 Proposed Vacation of Easements on a portion of Lyman Boulevard ROW located on the east side of Lake Riley Boulevard, Vacation File No. 11 -01 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. K en J. Enge t, DepuYy Clerk Subscribed and sworn to before me this '7+' - N day of M< _ , 2011. Notary Public JEAN M. STECKLING Notary P ublic - Minnesota ' Commission Expires Jan 31, 2014 s 1 1 -:1 , J r L\Inar S! r 1 C R. i3) 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, stale 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. r . r <4 f Aj Tom:. 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, 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. Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, May 23, 2011 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Easements Vacation File No. 11 -01 Applicant: DDK Construction Address/ A portion of Lyman Boulevard Right of Way located Location of on the east side of Lake Riley Boulevard Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227 - Comments: 1164 or e-mail afauske @ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on May 5, 2011. Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, May 23, 2011 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Easements Vacation File No. 11 -01 Applicant: DDK Construction Address/ A portion of Lyman Boulevard Right of Way located Location of on the east side of Lake Riley Boulevard Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227 - Comments: 1164 or e -mail afauske @ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on May 5, 2011. ALOYSIUS R & MARY A CHENEY CHESTNUT GROUP LLC DAVID L ANDERSON 9079 SUNNYVALE DR 1560 BLUFF CREEK DR 290 GREENLEAF CT CHANHASSEN MN 55317 -8639 CHASKA MN 55318 -9519 CHANHASSEN MN 55317 -7631 DELBERT R & NANCY R SMITH 9051 LAKE RILEY BLVD CHANHASSEN MN 55317 -8650 GREGORY R RENBERG 282 GREENLEAF CT CHANHASSEN MN 55317 -7631 JAMES & JUDY STOFFEL 291 GREENLEAF CT CHANHASSEN MN 55317 -7631 JOAN M LUDWIG 9005 LAKE RILEY BLVD CHANHASSEN MN 55317 -8650 NORTH BAY HOMEOWNERS ASSN INC 2681 LONG LAKE RD ROSEVILLE MN 55113 -1128 STEVEN P & SANDRA L NORDLING 281 GREENLEAF CT CHANHASSEN MN 55317 -7631 KLINGELHUTZ DEVELOPMENT CO PO BOX 89 CHASKA MN 55318 -0089 PETER DAVID MCINTOSH 287 GREENLEAF CT CHANHASSEN MN 55317 -7631 TODD A & SHELLEY L LEONE 275 GREENLEAF CT CHANHASSEN MN 55317 -7631 NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN MN 55317 -8650 PHILLIP J SOSNOWSKI 9015 LAKE RILEY BLVD CHANHASSEN MN 55317 -8650 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 23, 2011 RESOLUTION NO: 2011- MOTION BY: SECONDED BY: A RESOLUTION VACATING PROPOSED EASEMENTS ON A PORTION OF LYMAN BOULEVARD RIGHT OF WAY VACATION FILE NO. 11-01 WHEREAS, the City of Chanhassen is requesting to vacate the portion of the Lyman Boulevard right of way adjacent to Parcel C; and NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the portion of the Lyman Boulevard right of way adjacent to Parcel C as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 23 day of May, 2011. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT