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8 Vacate Easement 8160 Uplandg CITYOF CI I SE ~0 CiO, Center Drive, PO Box 147 Chanhassen, Mi, nesota 55317 Phone 612.937.1900 General Fax 612. 937. 5739 V~ngineMng Fax 612.937.9152 ~ublic Safi(y Fax 612.934.2524 Web www. ci. &anhassen. mn. us MEMORANDUM TO: Scott Botcher, City Manager FROM: Sharmin A1-Jaff, Senior Planner DATE: May 10, 2001 RE: Vacation of a portion of a Utility and Drainage Easement located on Lot 5, Block 1, Chanhassen Lakes Business Park 7th Addition On June 14, 1999, the City Council approved the final plat (Subdivision 99-1) to replat Outlot D into 10 lots, Chanhassen Lakes BUsiness Park 7th Addition and Wetland Alteration Permit to fill 1.23 acres, provide 1.62 acres of in kind - mitigation and 1.89 public value credits as shown on the plans dated received January 26. 1999 subject to conditions. Lot 5, Block 1, Chanhassen Lakes Business Park 7th Addition is within the plat referenced above. The westerly portion of the site is occupied by a wetland. Typically, the city requires a drainage and utility easement over wetlands. In this case, the eaSement was drawn outside the boundaries of the wetland and into the buildable area of the lot. Subsequently, the building structure on this lot was constructed within the easement. The applicant has filed an application to vacate a portion of the drainage and utility easement. Since that portion of the easement serves no public interest and the building maintains the required setback from the edge of the wetland, staff is recommending the City Council approve the vacation of that portion of the drainage and utility easement. RECOMMENDATION Staff recommends the City Council approve vacation of a portion of the utility and drainage easement as described in the legal description dated April 27, 2001. ATTACHMENT o Application. Public hearing notice and mailing list. Legal Description and plans showing location of easement. g:\plan\sa\chanhassen lakes business park\15.bl.wetland vacation.doc 'e City qfiChanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play. Lot 5 Lake ~r 1 2 3 4 Suffol BU Rosewood rl~~~.rs Piace~,, ' A PPJJCANT: ADDRESS: Hoyt/DTLK, LLC 708 South Third Street, Suite 108 Minneapolis, MN 55415 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION . . OWNER: Hoyt/DTTI~, ~.~.C ADDRESS: 708 So, th Third Street. Suite ].08 Hlnneapo'lls, MN 55415 'TELEPHONE (Day time) (612) 338-7787 TELEPHONE: (612) 338-7787 Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit ,Non-conforming Use Permit PJanned Unit Development* Temporary Sales Permit Vacation of ROW/Easements variance Wetland Alteration Permit Zoning Appeal , Rezoning Zoning Ordinance Amendment Sign Permits __ Sign Plan Review Site PJan Review* X Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/VVAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the propertY must be included with the application. :Budding material samples must be submitted with site plan reviews. ~i'wenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy of :transparency for each plan sheet. "* Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. ***Please have Va]_er~e 6u]] orooertv owners and addresses within 500 feet and bill us. PROJECT NAME LOCATION 8170 Upland Circle, Chanhassen LEGAL DESCRIPTION Eot Five (5), Block One (1), Chanhassen Lakes Business Park 7th Addition, according to the plat thereof on file or of record in the Office of Registrar of Titles, u~rver uounty, Minnesota TOTAL ACREAGE 42.43 WETLANDS PRESENT x YES NO PRESENT ZONING Industrial Office Park REQUESTED ZONING Industrial Office Park PRESENT LAND USE DESIGNATION Office/Warehouse REQUESTED LAND USE DESIGNATION Office/Warehouse REASON FOR THIS REQUEST To vacate drainaEe and utility easement established per plat that exists under south side of building on property and relocate that portion of easement to the ao~tb of the ex~,~ng h~,~lA~ng on property' 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.' A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of appliCation. This is to certify that I am mak'ing 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. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements 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 extensions are approved by the applicant. Ap~icant ,- / '- Application Received on Fee Paid Bate Date 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, STATEMENT The drainage and utility easement per the plat is currently located under the south side of the building on the property located at 8170 Upland Circle in Chanhassen. It is the applicant's tmderstanding that no utilities are located in the easement area located under the south side of the building. Applicant requests that the portion of the easement existing trader the south side of the building be vacated and relocated as shown on the diagram submitted with the Application. The drainage and utility easement would be relocated to the south of the building currently located on the property. The building and proposed relocation of the easement meets minimum requirements by the City of Chanhassen for distance from a wetland. 489818 I NOTICE Of PUBLIC HEARING CHANHASSEN CITY COUNCIL MEETING TUESDAY, MAY 29, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Vacate a Portion of a Drainage and Utility Easement APPLICANT: Hoyt/DTLK, LLC LOCATION: Upland Circle NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Hoyt/DTLK, LLC, is requesting vacation of a portion of the drainage and utility easement located in Lot 5, Block 1, Chanhassen Lakes Business Park 7th Addition on property zoned lOP, Industrial Office Park. 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. Dudng the meeting, the Mayor will lead the public headng 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 City Council discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall dudng 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 Sharmin at 937-1900 ext. 120. 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 May 10, 2001. Lake 1 2 3 4 Rosewood Smooth Feed SheetsTM Use template for 5160® DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR MN 55331 HOYT/DTLK LLC 708 3RD ST S MINNEAPOLIS SUITE 108 MN 55415 OSMONICS INC 5951 CLEARWATER DR HOPKINS MN 55343 DATALINK CORP 7423 WASHINGTON AVE EDINA MN 55439 CHAN CONGR JEHOVAHS WITNESSE C/O RICHARD TAYLOR 7227 BREN LN EDEN PRAIRIE MN 55344 STEVEN ROBERT SHIPLEY & JILL LOUISE SHIPLEY LLC 261 EASTWOOD CT CHANHASSEN MN 55317 DUKE REALTY LIMITED PTRSHP 1550 UTICA AVE S SUITE 120 ST LOUIS PARK MN 55416 ANDREAS DEVELOPMENT CO LLC 7525 MITCHELL RD SUITE 110 EDEN PRAIRIE MN 55347 la~tY E JOHNSON 11300 HAMPSHIRE AVE S 3LOOMINGTON MN 55438 TRADEN LLC C/O MARK UNDESTAD 1711 LAKE DR W CHANHASSEN MN 55317 3ARY F GOLL .455 PARK RD 2HANHASSEN 55317 LAKE SUSAN HILLS 7600 PARKLAWN AVESUITE 200' MINNEAPOLIS MN 55435 :-'NTEGRIS INC 2/0 MIKE SAUER ~500 LYMAN BLVD 2HASKA 55318 dONK PROPERTIES LLC ~671 MEADOWLARK LN 2HANHASSEN MN 55317 ~'TIANHASSEN LAKES BUS. PARK 3 711 LAKE DR W 2HANHASSEN MN 55317 ~/CROI LLC 1475 VALLEY VIEW RD :~DEN PRAIRIE MN 55344 DESCRIPTION FOR: HOYT PROPERTIES 63458-001 SCHOELL & MADSON, INC. Engineers + Surveyors + Planners Soil Testing + Environmental Services 10580 Wayzata Blvd. Minnetonka, MN 55305 952-546-7601 Fax: 952-548-9065 EASEMENT TO BE VACATED That part of the drainage and utility easement dedicated on the recorded plat of CHANHASSEN LAKES BUSINESS PARK 7TH ADDITION and now vacated which lies within Lot 5, Block 1 in said addition. Said easement vacation is described as follows: Commencing at the northwest corner of said Lot 5; thence on an assumed bearing of South 32 degrees 05 minutes 34 seconds East, along the westerly line of said Lot 5, a distance of 432.91 feet; thence North 4 degrees 32 minutes 16 seconds West a distance of 98.48 feet; thence North 57 degrees 54 minutes 26 seconds East a distance of 290.00 feet, to the point of beginning of the easement to be vacated; thence South 61 degrees 03 minutes 03 seconds East a distance of 172.18 feet; thence South 28 degrees 56 minutes 57 seconds West a distance of 35.00 feet; thence North 61 degrees 03 minutes 03 seconds West about 193 feet to the intersection with a line bearing South 57 degrees 54 minutes 26 seconds West from the point of beginning; thence North 57 degrees 54 minutes 26 seconds East to the point of beginning. Date: April 27, 2001 Theodore D. Kemna Land Surveyor MN Lic. 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