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4 Vacate Easement 610 Carver BeCITYOF CHANHASSEN 690 City Center Drive PO Box 147 Minnesota 55317 Phone 952.937.1900 General Fax 952.937.5739 Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci.&anhassen.mn, us MEMORANDUM TO: FROM: DATE: SUB J: REQUEST Teresa Burgess, City Engineer/Dir. of Public Works Matt Saam, Assistant City Engineer January 8, 2002 Vacation of a Portion of a Drainage & Utility Easement 610 Carver Beach Road - Vacation File No. 2001-8 Staff has received a request from Coffman Development, the developer representing the property owners of 610 Carver Beach Road, to vacate an existing portion of a drainage and utility easement that goes through the property. BACKGROUND The existing drainage and utility easement was obtained by the City as part of the Carver Beach Road Sanitary Sewer and Water Project (No. 75-2). The easement contains an existing sanitary sewer and water line in addition to lift station no. 10 (LS #10). DISCUSSION As part of_the recently approved Big Woods On Lotus Lake plat, the developer will be realigning the existing sanitary sewer and watermain. This process will include the removal of a sanitary sewer and water line and the installation of a new line in a different location. Once the old line is removed, there will be no need for the City to retain the existing drainage and utility easement. The new sanitary sewer and water lines will be constructed within a new easement dedicated on the final plat. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves a resolution vacating a portion of an existing drainage and utility easement located at 610 Carver Beach Road as de£med in the attached vacation description, subject to the following conditions: The easement vacation will not be recorded until the new utility lines are constructed and tested. Attachments: . 2. 3. 4. Application Description of Easement Vacation Easement Vacation Exhibit Affidavit of Mailing (Public Hearing Notice/Location Map) c: Bill Coffman, Coffman Development g:\eng\projects\big woods on lotusXeasement vacation.doc with clean lakes a chmmin~ downtown, and beautihd om'ks. A creat to live, work, and Dlav. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPI.]CANT: ADDRESS:. bOO /,0. 'TELEPHONE (Daytime) ~j'~ - 2..~'Z --4:~~.. ADDRESS: / TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* Rez.~ning __ Sign Permits __ Sign PJan Review __ Site PJan Review* Subdivision' Temporary Sales Permit _./~. Vacation of ROW/_E~._asement~s Variance · Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escrow for Filing Fees/Attorney Cost** ($50 CUPISPR/VACNAR/VVAPIMetes and Bounds, $400 Minor SUB) TOTAL FEE $. /b4) ~ A list of all property owners within 500 feet of the boundaries of the property must be included with the ,application. ]3u~ding material samples must be submitted with site plan reviews. "'Twenty-six full size .folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of t. ransparency for each plan sheet. '* Escrow will be required for other applications through the development contract ~DTE-When multiple applications are processed, the appropriate fee shall be charged for each application. .LEGAL DESCRIPTION -J'OTAL ACREAGE 3,VETLANDS PRESENT YES ~ NO ' ;PRESENT.ZONING ]:LEQLTESTED ZONING PRESENT LAND USE DESIGNATION T~EQUESTED LAND USE DESIGNATION ~F__ASON FOR THIS REQUEST ~) ///'~~~ .'~_~//¢/,d~L-~- ~ /27-/E,/7~ ~his ~p[:~tion must be completed in [uti and be t~ewri~en or clearly printed and must De accompanied by all information ~nd plans required by applicable Oity Ordinance provisions. Before filin~ this ~pplioation, you should confer with the Piannin~ ~ep~e~ Io ~elermine the specific ordinance and procedural requirements applicable to your application. A cleterrn~nation of completeness of the application shall be made within ten business days of application submittal. A written - z'~otice of application deficiencies shall be mailed to the applicant within ten business days of application. -l'h~s is to certify that ! 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 applicat, ion should be processed in my name and I am the party whom 1he 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 applicaJion and the fee owner has also signed this application. I ~'11 '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 knowJedge. . 'The c'~ 'hereby r~otifies the applicant that development review cannot be completed within 60 days due to public hearing ~'equirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review exIensions are approved by the applicant. S~re~F~O~~ ~~/~ bate .Aj:)p]~ca~lon Received on Fee Paid Receipt No. 'The applicant s'hould contact staff for a copy of the staff report which will be available on Friday prior to the meeting. ]fJ~ot contacted, a copy of the report will be mailed to the applicant's address. PROPOSED SANITARY SEWER AND WA TERHAIN EA SEI~IEN T TO BE VA CA TED: A 40.00 foot temporary construction easement and o 20.00 foot perpetual easement for sanitary sewer and wotermoin purposes over, under, and across the fo/lowing described property:. All that port of the Northwest Quarter of the Northwest Quarter and oll that port of U.S. Government Lot 6 in Section 12, Township 116 North, Range 23 West of the 5th Principal t~eridion, Carver County, Hinnesoto, described os follows, to-wit: Commencing at o point in the center of Lokeview Drive, distant 460.528 feet on o bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center lines of Fern Rood and said Lokeview Drive, os said Lokeview Drive and said Fern Rood appear upon and according to the recorded plot of Carver Beach at Long Lake, Carver County, tdinnesoto, which said point of beginning is 200.00 feet South of the North line of said Section 12; thence South 89 degrees 31 minutes 29 seconds East to Lotus or Long Lake; thence Southeosterl.,v along the shore of said Lotus or Long Lake to o point where said shore intersects o line South of parallel to and 200.00 feet distant from the first course, if extended; thence North 89 degrees 31 minutes 29 seconds West to o point which would be in the center line of scid Lokeview Drive if it were projected Southeasterly:, thence North 22 degrees 21 minutes #0 seconds West 217.01 feet, more or tess, to the place of beginning; together with oli riparian rights appurtenant to said tract. tt is the intention of the parties of the first port to convey o strip of land 200.00 feet wide having o Northerly and Southerly line parallel to one another extending from the center line of Lokeview Drive if projected Southeosterl~ to the shore of Long Lake or Lotus Lake. Reserving, however, from the above described parcel o strip of land 20.00 feet wide and 217,01 feet long dong the Westerly line of said parcel for o permanent right of wo.y for sold Lokeview Drive when and if extended. Containing 5.34 acres, more or less. EXCEPT: All that port lying South of o line parallel to and equidistant from the North and South lines thereof and West of o line at right angles to the South line thereof, which line intersects said South line at o point distant 421.63 feet East, measured dong said South line, from the Southwest corner of above described property. AND: Beginning at o point in the centerline of Lokeview Drive, diston~ 352.023 feet on o bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the centerline of Fern Rood and Lokeview Drive and running from thence South 89 degrees 31 minutes 29 seconds East 965 plus or minus feet dong the line of lands now or formerly of Arnold J. Chullk to the high water mark of Long Lake; thence in o Southeasterly direction dong the high water mark of Long Lake 115 plus or minus feet to o point 100 feet at right angles to the first course when said course is projected Easterly:, thence North 89 degrees $1 minutes 29 seconds West 1187 plus or minus feet along lands now or formerly of Dr. Evor F. Wessel to the center line of Lokeview Drive; thence North 22 degrees 21 minutes 40 seconds West 108.505 feet to the point or place of beginning. Containing 2.,37 acres. Being o port of Government Lot No. 6, Section 12, Township 116, Range 23. The center fine of both eosernents is described os follows: Commencing ot the Northwest corner of soid Section 12; thence on on ossumed beoring of South 89 degrees OJ7 minutes 04 seconds £ost, olong the North line of sold Section 12, o distonce of 1992. 78 feet to Meonder Corner No. 9 on sold North line; thence continuing South 89 degrees O J7 minutes 04 seconds £ost, olong the £osterly extension of sold North line, o distonce of 17.91 feet to the beginning of the center line to be described; thence South 01 degrees 24 minutes 57 seconds Eost o diStonce of 96.91 feet; thence South 15 degrees $8 minutes 47 seconds Eost o distonce of 112.12 feet to o point hereinofter referred to os "Point A? thence South 16 degrees 08 minutes ,:77 seconds Eost o distonce of 105.45 feet; thence South 09 degrees J75 minutes 2J7 seconds West o distonce of 94.25 feet ond sold center line there terrninoting. bgefher with o 40.00 foot temporory construction eosernent ond o 15.00 foot perpefuo/ eosement or sonitory sewer purposes over, under ond ocross the obove described property. The center line 'f both eosemnents is described os follows: Commencing ot the terminus of the obove described center fine; thence South 89 degrees 06 minutes 27 seconds £ost o distonce of 552.60 feet; thence South 28 degrees 01 minutes 07 seconds Eost o distonce of 52.50 feet to the beginning of the center line to be described; thence North 28 degrees 01 minutes 07 seconds West o distonce of 52.~70 feet; thence North 89 degrees 06 minutes 27 seconds West o distonce of 587.22 feet; thence South 67 degrees 55 minutes O0 seconds West o distonce of 119.21 feet ond sold center line there termninotino. llso, together with on 80.00 foot ternporory construction eosement ond o 20.00 foot Perpetuol .osernent for sonitor, y sewer ond sonitor2, sewer rift stotion purposes over, under ond ocrOss the 'hove described property. The center fine of both eosernents is described os follows: Beginning ot the obove described Point A; thence South 78 degrees ,¢6 rninutes 47 seconds Eost o distonce of 50.00 feet ond soid center line there terminoting. lso, together with o 80.00 foot temporor2, construction eosernent ond o 50.00 foot perpetuol ,osement for sonitor2, sewer ond sonitory sewer rift stotion purposes over, under ond ocross the rbove described property. The center line of both eosernents is described os follows: Beginning ot the terminus of the lost obove described center fine; thence South 78 degrees 46 rninutes 47 seconds Eosf o distonce of 50.00 feet ond sold center line there terrninoting. Iso, together with o 80.00 foot temporory construction eosernent for sonitory sewer ond sonitory ewer lift stotion purposes over, under ond ocross the obove described property. The center line f sold eosement is described os follows: Beginning ot the terminus of the lost obove described center fine; thence South 78 degrees 46 rninutes 47 seconds Eost o distonce of 15.00 feet ond sold center line there terminoting. iso, together with o 15.00 foot temporor, y construction eosement ond o 7.50 foot perpetuo/ osement for sonitory sewer ond woterrnoin purposes over, under ond ocross the obove described roperty. The Westerly line of both eosernents is the most Westerly line of the obove described "opert y. old temporory eosements to expire December J71, 1976. ,,,o,,~.. . ! I I 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 27, 2001, 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 on January 14, 2002 for Vacation of Drainage & Utility Easement at 620 Carver Beach Road - Coffman Development Services 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. Ka~n J. En ei~rdt, D¢~ C]er~ Subscribed and sworn to before me this :'~ dayof ~¢~:,.,b~,- ,2001. g:\eng\forms\affidavit.doc Notary Pu!lic -- ~~ KlM T. MEUWISSE.N ~ .~l~..~,,.~ Notary Public- Minnesota ~,, ~~ CARVER C,O, UNTY ~ ~ My Commission Expirt;s 1 ~31_/2_00_5.~ NU I'ICE OF PUBLIC HEARING CHANHASSEN CITY COUNCIL MEETING MONDAY, JANUARY 14, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BOULEVARD PROPOSAL: Vacation of Drainage & Utility Easement APPLICANT: LOCATION' Coffman Development Sen 620 Carver Beach Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Tony Medes, is requesting to vacate a drainage and utility easement located west of Lotus Lake, east of Carver Beach Road, north of Shadowmere and south of Fox Hill Drive, 620 Carver Beach Road. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant'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 applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the project. 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 Matt Saam at 227-1 t64. 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 December 27, 2001. City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. The staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some aPplications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and ' scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not.' Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g:\user~vickikreview procedure.doc J~N ALAN LANG 640 CARVER BEACH RD CHANHASSEN MN 55317 STEVEN C & SHARON L ASH 671 BROKEN ARROW DR CHANHASSEN MN 55317 JOHN C & VICKI L FRAZIER 610 BIGHORN DR CHANHASSEN MN 55317' ROBERT lAN AMICK 58 t FOX HILL DR CHANHASSEN MN 55317 STEVEN B MEZZENGA 33316 MEZZENGA LN CROSSLAKE MN 56442 DOYLE R & LINDA N HONSTAD 600 BIGHORN DR CHANHASSEN MN 55317 CONSTANCE M CERVILLA 650 CARVER BEACH RD CHANHASSEN MN 55317 JAMES V & MARY L FRERICH 651 BROKEN ARROW DR CHANHASSEN MN 55317 JOHN H & CYNTHIA K RIDLEY 590 BIGHORN DR CHANHASSEN MN 55317 Gl_FY L SWANSON 610 CARVER BEACH RD CHA~SSEN MN 55317 KIRK N FRIEDLhNE 620 FOX HILL DR CHANHASSEN MN 55317 DALE & PAMELA I STAHL 580 BIGHORN DR CHANHASSEN MN 55317 DEAN R & DENISE T PRESTON 606 CARVER BEACH RD CHANHAS SEN MN 55317 RICKI LEE HALE & DEEANN WALLENTINE-HALE 600 FOX HILL DR CHANHASSEN MN 55317 RICHARD J & JUDITH L WILLIAM~ 570 BIGHORN DR CHAN-HASSEN MN 55317 PAUL J & KARl J ROMPORTL & WILLIAM G & VON CILE GARENS 620 CARVER BEACH RD CHANHASSEN MN 55317 RANDY SCHLUETER 580 FOX HILL DR CHAt~SSEN MN 55317 ARMIN C & NANCY E DREISSIGER 560 BIGHORN DR CHANHASSEN MN 55317 PAUL T EDSNESS & ANDREA S JOHNSON 630 CARVER BEACH RD CHANHASSEN MN 55317 BRYAN T LITSEY & LISA M STACKEN 650 BIGHORN DR CHANHASSEN MN 55317 FRANK P & BONNIE L FILKO 550 BIGHORN DR CHANHASSEN MN 55317 MICHAEL O'KELLY 685 CARVER BEACH RD CHANHASSEN MN 55317 PAUL E & GRETCHEN M HILL 640 BIGHORN DR CHANHASSEN MN 55317 GEORGENE M SORENSEN 540 BIGHORN DR CHANHASSEN MN 55317 PHILIP M HANSON 621 CARVER BEACH RD CHANHASSEN MN 55317 MARK D & TRACY L SCHULTENOVEI~ 630 BIGHORN DR CHANHASSEN MN 55317 RICHARD & SANDRA MONSETH 530 BIGHORN DR CHANHASSEN MN 55317 JEFFREY L KLEINER 655 CARVER BEACH RD CHANHASSEN MN 55317 PAUL D GRAN 620 BIGHORN DR CHANHASSEN MN 55317 CHARLES & ANNETTE BUENGER 520 BIGHORN DR CHANHASSEN MN 55317 I~EAN T & SUSAN L STANTON 510 BIGHORN DR CHANHASSEN MN 55317 ROGER E & NANCY $ GILBERTSON 551 SHADOWMERE CHANHASSEN MN 55317 DONALD N & CAROL J MEHL 490 BIGHORN DR CHANI-IASSEN MN 55317 ROBERT W PIKE 561 BIGHORN DR CHANHASSEN MN 55317 ANNE F JONES 480 BIGHORN DR CHANHASSEN MN 55317 CATHLEEN A HOLMES 571 BIGHORN DR CHANHASSEN MN 55317 LARRY A & JULIE M KOCH 471 BIGHORN DR CHANHASSEN MN 55317 RONALD L JR & TERESA L SPRATT 581 BIGHORN DR CHANHASSEN MN 55317 MARTIN MERMAN & ANN HOGAN 481 BIGHORN DR CHANHASSEN MN 55317 LOEL B & MARY JANE BROWN 591 BIGHORN DR CHANHASSEN MN 55317 LEONARD P & NANCY M KISKIS 491 BIGHORN DR CHANHASSEN MN 55317 JAMES K & CECILIA A FREDLUND 601 BIGHORN DR CHANHASSEN MN 55317 PATRICK J & CAROL L SMITH 511 BIGHORN DR CHANHASSEN MN 55317 KENNETH W & COLLEEN J VERMEER 730 PREAKNESS LN CHANHASSEN MN 55317 CHRISTOPHER W & LINA W GOH 521 SHADOWMERE CHANHASSEN MN 55317 JAMES K & MELISSA J CARLSON 720 PREAKNESS LN CHANHASSEN MN 55317 STEVE A & ROBERTA L DANIEL 531 SHADOWMERE CHANHASSEN MN 55317 DAVID J & BARBARA L HARTWICK 541 SHADOWMERE 2HANHASSEN MN 55317