4. Proposed Vacation of Portion of West 78th Street Adjacent to Burdick Park Addition.1
1
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CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Adm'snistretor
Endorse
Modifie
ed
TO: Charles Folch, Director of Public Works /City Engineer oo submitted to Commission
FROM: Dave Hempel, Assistant City Engineer /W Qete submitted to council
1 — q-9 5
DATE: January 3, 1995
SUBJ: Consider Vacation of a Portion of West 78th Street Adjacent to Lot 1, Block 3,
Burdick Park Addition - Land Use Review File No. 94 -6
The City has received a petition from Mr. B..
Burdick Park Addition, to vacate the unused rt .
vacation request and finds the vacation req st
resulting in an excess amount of unused rig t of -v
existing utilities and landscaping, it appears `at the
subject to reserving a drainage, utility, a landsc
dick, property owner of Lot 1, Block 3,
of West 78th Street. Staff reviewed the
-anted. West 78th Street was realigned
adjacent this parcel. Upon review of the
rity of the right -of -way could be vacated
easement for the existing utilities and
landscaping. The applicant's surveyor be preparin a necessary legal descriptions and the
City will supply and record the ea sem agreements. S , f has also mailed a copy of the public
hearing notice to affected property owners within 500 filet as well as published it in the local
newspaper pursuant to state statute e Staff has not receive I ny written objection to the vacation
request.
It is therefore reco ed that the City Council approve t request for vacating a portion of
West 78th Street en `lo ai tc ddition as shown on Exhibit A
subject to rese edi titi i it a t ds g easement as
shown on Exhibt Md
I jms
' Attachment: 1. Application
2. Exhibit A
3. Exhibit B
c: B.C. Burdick
gAeng \dave \cc \burdick.vac
0-FR At Ei'vUNNE I N G COPY
Re.—eived
r a A, -rt No.
App roved C.y 0iy Ei iD !tieer
Dats �-
Approved by City COLincil
Date
MEMORANDUM
U
KELLY LAW OFFICES '
I 351 SECOND STREET
EXCELSIOR. MINNESOTA 55331
WILLIAM F 'KELLY (812) 474 -5977
MARK W. KELLY FAX 474 -9574
October 27, 1994
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
RE: Petition for Vacation of Part of W. 78th Street adjoining
Lot 3, Block 1, Burdick Park Addition.
Enclosed is an original and two copies of the following:
1) Application for vacation of right -of -way;
2) Check attached to original in the amount of $100.00;
..3) Petition for Vacation of described street together with
exhibit setting forth description and plot survey of
requested vacation;
4) Proposed resolution vacating described street.
5) Map showing property within 1/2 mile of site;
6) List of owners within 500 feet as provided by Carver
County Abstract;
7) Memo showing prior action of Council vacating portion of
W. 78th Street to the east and west of subject property
and statement of need for vacation; and
8) Photocopy of torrens certificate showing ownership and
address of B.C. Burdick.
Sincerely,
i�
iam F. Kel �F�
WFK /PP
Encl.
ATTACHMENT 1 '
U:i.r•
p " "
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT B.C. BURDICK ' OWNER:
ADDRESS: 615 Dream Island Road ADDRESS:
Long Boat Key, FL 34228
TELEPHONE (Daytime) 474-5243 TELEPHONE:
1.
Comprehensive Plan Amendment
11.
X Vacation of ROW /Easements
2.
Conditional Use Permit
12.
Variance
3.
Interim Use Permit
13.
Wetland Alteration Permit
4.
Non - conforming Use Permit
14.
Zoning Appeal
5.
'Planned Unit Development
15.
Zoning Ordinance Amendment
6.
Rezoning
7.
Sign Permits
8.
Sign Plan Review
Notification Signs
9.
Site Plan Review
X
Escrow for Filing Fees/Attomey Cost"
$100 CUP /SPRNAC/VAR/WAP
$400 Minor SUB /Metes & Bounds
10.
Subdivision
TOTAL FEE $ 100-00
A list of all property owners within 500 feet of the boundaries of the property must
Included with the application.
Twenty -slx full size folded copies of the plans must be submitted.
8 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
' PROJECT NAME N/A
LOCATION N/A
I LEGAL DESCRIPTION
Request vacation of portion of W. 78th Street
' adjacent to Lot 3, Block 1, Burdick Park Addition,
all as described in Exhibits A & B attached to peti
' PRESENT ZONING N/A
' REQUESTED ZONING N/A
PRESENT LAND USE DESIGNATION N/A
I REQUESTED LAND USE DESIGNATION
N/A
REASON FOR THIS REQUEST To straighten the boundary of W. 78th Street
This application must be 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 I 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 copy of Owner's 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.
1 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, etc. 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.
' I also understand r the after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the titl p roperty for which the approval /permit is granted within 120 days with the Carver County Recorder's
Office d e original doc ent returned to City Hall Records.
Sign re of Applicant Date
' Sigt4ture of Fee Owner Date
Application Received on Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. if not contacted, a copy of the report will be mailed to the applicant's address.
Petition for Vacation of
Portion of West 78th Street
as it Borders Upon Lot 1,
Block 3, Burdick Park Addition
-d being the sole fee owner of Lot 1, Block 3, Burdick Park
,perty abuts upon West 78th Street, all in the City of
--tition the City Council of the City of Chanhassen, pursuant
412.851 to set a time, place and date of a hearing to adopt
-e that portion of West 78th Street which is described in
1 as shown upon survey plat attached thereto.
believes that such a vacation is in the best interest of the
that such a vacation will straighten out the right -of -way
right -of -way of West 78th Street as now laid out adjoining
nd to the west of said Lot 1, Block 3, Burdick Park Addition.
s petition is a list, marked Exhibit B, of owners of property
feet of said described property.
C. Burdick
F10ES
55331
I. -' I
' CARVE C OUNTY ABSTRACT AND TITLE CO., INC.
CARVER COUNTY
(612) 448 -5570 201 Chestnut St. N. FAX (612) 448 -5155 ABSTRACT A TITLE.
P.O. Box 106
' Dale B. Kutter Chaska, MN 55318 David E. Moonen
I
October 10, 1994
Wm. F. Kelly
'
351 2nd Street
Excelsior, MN 55331
According to the 1994 Tax Books in
the Carver County Treasurers Office the
following persons are listed as owners of the property within Carver County,
'
Minnesota, which lies 500 feet of the following described property:
'
Lot 1, Block 3, Burdick Park,
on file and of record in the Office
according to the recorded plat thereof
of the Registrar of Title, Carver
County, Minnesota.
1. West One Properties
8. Chanhassen HRA
17001 Stodola Roads
690 Coulter Dr.
'
Minnetonka, MN 55345
PO Box 147
Chanhassen, MN 55317
2. B C Burdick
'
426 Lake St.
9. Herbert Bloomberg
Excelsior, MN 55331
PO Box 730
Chanhassen, MN 55317
3. T F James Company
'
6640 Shady Oak Rd.Suite 4500
10. Market Square Assoc. LTD
Eden Prairie, MN 55344
200 Hwy. 13W
Burnsville, MN 55337
'
4. City of Chanhassen
C/O City Treasurer
690 Coulter Dr. P.O. Box 147
'
Chanhassen, MN 55317
5. Mithun Enterprises, Inc.
900 Wayzata Blvd. E.
'
Wayzata, MN 55391
6. State Bank of Chanhassen
'
680 78th St. W.
Chanhassen, MN 55317
7. Dayton Hudson Corp T -862
'
Property Tax Dept.
777 Nicollet Mall
'
Minneapolis, MN 55402
i
rver County Abstract & Title Co., Inc. ,
This company does not assume any liability for the accuracy of this report.
MEMO
The City of Chanhassen did, pursuant to Resolution No. 90 -89 past on July
' 23, 1990, did grant and approve the vacation of a portion of West 78th Street as
shown upon the attached map. The vacated street was included in the plat of
' Market Square.
I Subsequently, the City of Chanhassen vacated at the request of the
property owner to the west of Lot 1, Block 3, Burdick Park Addition, a portion of
West 78th Street and this vacated portion of the street was included within the
' plat of Chanhassen Retail Addition.
I ' . The purpose of this petition is to straighten out the southerly right -of -way
line of West 78th Street.
CeriPieaLe No. RUIDUC 21573 Volume No. 66
Certificate of Title
Page No.7
Transfer From No. 20979 Originally registered the 8 day of May 1974
Volume 26 page 173
State of Minnesota,}
County of Carver. THIS IS TO CERTIFY THAT B. C. BURDICK
of the 615 Dream Island Road City of Long Boat Key County of and State of Florida
34228 is /are now the owner(s) of an estate, to wit: in fee simple of and in the following
described land situated in the County of Carver and State of Minnesota, to wit:
Lots 1 and 2, Block 3. BURDICK PARK ADDITION, according to the
recorded plat thereof.
Subject to Use encumbrances, liens and interest noted by the memorial undernitlen or endorsed hereon; and su*cL to
Uro ro-" 'iP8 rjelda or encumbrances subsi US as prided in H.S. Section 508.25 namely;
L Liens, claims, or r*L° " or existina under IIie lets or the Constitution or the United Stales, which this state
cannot require to appear or record;
2. 71ic lien or any real properly tax or special aisesamad for which the and has not been sold at the date or the
certificate of talk;
3. Any lease for a period not exceadire three years, when then✓ is actual occupation or the premises Meneunder,
4. All rijds in public hdmga upon Me land;
5. The rySht orapptal or rj& to appear and contest the appliealion. as is allowed by the chepla;
6. The ride a or any person in possession under deed or conLrwL for deed from the owner or the ccM cats or title;
7. AN outatandi% mechanics lien r&a which may exist under sections 514.01 to 514.17;
That the said B. C. Burdick of the age(s) of 67 years, Is /are married, to Brigitte E.
Burdick (50 years of age) and is /are under no disability.
IN WITNESS WHEREOF
I have hereunto subscribed my name
and affixed the seal of my office, this 4
day of December 1992 at 2 P.M.
Carl W. Hanson, Jr.
Registrar of Titles
' PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
' 12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378
612 - 890 -9201 • FAX 612- 890 -6569
' September 30, 1994 -
PROPOSED STREET VACATION
' That part of the Northwest Quarter of the Northwest Quarter
of Section 13, Township 116, Range 23, Carver County, Minnesota,
described as follows:
That part of West 78th Street and Mandan Drive as
dedicated in BURDICK PARK ADDITION described as
follows:
'
Commencing at the northwest corner of the Northwest
Quarter of said Section 13; thence South 02 degrees
-03 minutes 45 seconds West, on an assumed bearing,
along the west line of the Northwest Quarter of the
'
Northwest Quarter, a distance of 50.06 feet, to the
point of beginning of the land to be.described;
'
thence continue South 02 degrees 03 minutes 45
seconds West along the west line of the Northwest
Quarter of the Northwest Quarter, a distance of
21.49 feet to the northwest corner of Lot 1, Block 3,
'
BURDICK PARK ADDITION; thence South 87 degrees 23
minutes 29 seconds East, along the north line of
said Lot 1, a distance of 282.71 feet; thence
southeasterly, a distance of 32.68 feet along a
'
tangential curve concave to the southwest having.
a radius of 20.00 feet and a central angle of
93 degrees 36 minutes 32 seconds; thence north-
'
easterly, a distance of 4.39 feet, along a non-
tangential curve concave to the northwest having
a radius of 183.16 feet and a central angle of
•'
01 degree 22 minutes 24 seconds, the chord of said
curve bears North 05 degrees 31 minutes 54 seconds
East; thence North 04 degrees 50 minutes 43 seconds
East, tangent to last described curve, a distance
'
of 25.09 feet; thence northerly and northwesterly,
a distance of 32.72 feet, along a tangential curve
concave to the southwest having a radius of 20.00
feet and a central angle of 93 degrees 45 minutes
'
11 seconds; thence North 88 degrees 54 minutes
28 seconds West, tangent to the last described
curve, a distance of 285.20 feet to the point of
'
beginning.
Sheet 1 or 2
EXHIBIT A
BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS SUBDIVISION DESIGN ATTACHMENT 2
PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378.612- 890 -9201
,
N
'
PROPOSED STREET VACATION
DES SKETCH
,
NOTE: No survey work has been performed.
Information has been taken from the
recorded plats of Market Square, Scale 1�= 60'
Chanhassen Retail Addition & Burdick '-
Park Addition
- Ct 1 M at the NW Corner of
13, Twp.116, Rge. 23 .
I�
• :
I , �_ �_ j ° 32.72
3 , N 88 °54'28 "W & "
'
'
--
- - -Q — 285.20 ; - R =20.0
o�
tn I
'
282.7/ •25 09
N 87 ° 2329 "W — ; - S%0'43 "W
_ g
'4.39
i North line of Lott, Block 3 32.68 I
; >
Q _ 93 ,�;,� ,_ °°; &1 °2224"
BURDICK PARK ADO. .R �W.16 I
Y
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6.
AREA= 7,765.99 SO. FT.
O. l8 ACRES
I hereby certify that this plan, report or specification was prepared by me or
under my direct supervision and.that I am a duly registered Land Surveyor under
the laws of the State of Minnesota.
,
As surveyed by us this ZQ 2 ! day of 6 -,-) C e -er 19 94
/� L.S.
,
Minnesota License No. 14890
Sheet 2 of 2
1 12/22/94 12:06 Z 8906569 P.P.S. SURVEYORS
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FAX TRANSmrr # o f ft
To, Dow
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DEPTH PHONE (612) 690-9201
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FAX I —57-3,Z PAX 0 (612) 890.6569
COMMENTS_
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I I - ATTACHMENT 3 EXHIBIT B