2b. Lot 1, Block 1, Song Addition: Approve Eastment Vacations Planning Case No. 2012-16 MEMORANDUM ab
CITY TO: Paul Oehme, Director of Public Works /City Engineer
CHANHASSEN FROM: Alyson Fauske, Assistant City Engineer
7700 Market Boulevard DATE: November 13, 2012
PO Box 147
Chanhassen, MN 55317 SUBJ: Lot 1, Block 1, Song Addition: Approve Easement Vacations
Planning Case No. 2012 -16
Administration -
Phone: 952 2271100 PROPOSED MOTION
Fax. 952.2271110
"The City Council is recommended to adopt a resolution to vacate the drainage and utility
Building Inspections easements on Lot 1, Block 1, Song Addition as shown on the attached exhibits prepared by
Phone: 952.2271180 Otto Associates.
Fax. 952.2271190
City Council approval requires a simple majority vote of the City Council present.
Engineering
Phone: 952.2271160 BACKGROUND
Fax. 952.2271170
Finance The subject property is located west of .,,,� , y t.
a l in Boulevard between Lake" °'" � * r ` �' F
G
Phone: 952.2271140 p S.'- � � i;‘4 . "';11k -
H arrison Road and Lon acres D rive. - �' i Lak ; ° � R °ad
Fax: 952.2271110 g '� ' j � _ . u
Park & Recreation The property was originally Tract A, F'' 40 � a :4, ' , 4 ,
Phone: 952.2271120 RLS Number 94. On January 28, 1988 c s , , , , , ,e *, rr , i
Z Lake iMisofl Road '-a
Fax: 952.2271110 and March 23, 1989 the Metropolitan "" � to ` �
Council Environmental Services '
subj ' , m �' yy Y� � '
Lake .. p tei# it '' . •.
ect+ � m r'^ �
Recreation Center (MCES) obtained 20 -foot wide 8R1sont aropery`� k' 4` 3
2310 Coulter Boulevard 30" ti c� . ' : ` ' y >'
easements for 30 diameter sanitary , � ,
y it, � , ��
Phone: 952.2271400 sewer interceptor located on the Lonfl Drive. . 4.- " -'.
Fax. 952.2271404 northeast corner of the parcel. The ;. >
easements were recorded as Document j. / "" b '` _ ' , , `� i
Planning & Numbers T55603 and T60452, respectively and are highlighted below.
Natural Resources
Phone 952 2271130
Fax 952 2271110 1
) I
Public Works \ 1
7901 Park Place i
Phone 952 2271300 `f.
Fax 952.2271310 f' g
I
Senior Center < - g
Phone 952 2271125 ,.
Fax 952 2271110 A portion of the interceptor is not centered within the MCES easement. The applicant's
Web Site engineer contacted MCES to inquire about vacating the easement and platting at 20' public
www.ci chanhassen mn.us drainage and utility easement centered over the interceptor. MCES indicated that the current
easements are acceptable and they do not wish to vacate them. The public drainage and
utility easements on the Wynsong preliminary plat provide additional easement over the
interceptor so that there is a minimum of 10' of easement on each side of the pipe.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
November 13, 2012
Lot 1, Block 1, Song Addition: Approve Easement Vacations
Page 2
In 1994, the property was platted as Outlot D, The Woods at Longacres. The plat included drainage and utility
easements over the wetlands on the west and south sides of the parcel. A 20 -foot wide drainage and utility
easement was also platted in the southeast portion of the parcel to cover an eight inch diameter City sanitary
sewer that extends from the MCES interceptor and provides service for the northerly six homes on Northwood
Court. The easements dedicated with The Woods at Longacres are shown below. It is unclear if public
drainage and utility easements were dedicated over the MCES easements, which is shown as the lighter area on
the sketch below. The vacation sketch provided by the developer's engineer includes this easement area,
however, only the public drainage and utility easement will be vacated; the underlying MCES easements
granted in 1988 and 1989 will remain.
i
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i
In 1996, the property was replatted as Lot 1, Block 1, Song Addition. Perimeter drainage and utility easements
as well as drainage and utility easements over the wetlands and utilities were platted, as shown below. It is
,proposed that all of the public drainage and utility easements granted with the Song Addition plat and the prior
The Woods at Longacres plat be vacated and rededicated with the Wynsong final plat. isi
4 ; �1
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— ali mmii. I
The City acquired a sanitary sewer easement in 2001 and a drainage and utility easement in 2002 in the
northeast portion of the subject property. These easements are over an eight inch City sanitary sewer that
extends from the MCES interceptor to the east and north to provide sanitary sewer service to the Ashling
Meadows development located in the southeast corner of Galpin Boulevard and Lake Lucy Road. The
developer proposes to vacate these easements and rededicate with the Wynsong plat.
G: \ENG \Vacations \Wynsong - PC 12- 16 \11 -13 -2012 CC memo.docx
Paul Oehme
November 13, 2012
Lot 1, Block 1, Song Addition: Approve Easement Vacations
Page 3
111 �
/
r
` r
The public hearing notice included the vacation of a conservation easement over the west side of the property.
After the City Attorney reviewed the conservation easement document it was determined that the City does not
have the authority to vacate the easement. The conservation easement will remain and additionally will be
granted with the final plat.
Due to the timing of the public hearing for the vacations and the anticipated date of final plat approval, staff
recommends that approval of the easement vacations be contingent upon approval and filing of the Wynsong
final plat.
Attachments: 1. Resolution
2. Drawing and legal description of vacation
3. Notice of Public Hearing/Affidavit of Mailing
G•\ENG \Vacations \Wynsong - PC 12- 16 \11 -13 -2012 CC memo.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 13, 2012 RESOLUTION NO: 2012 -
MOTION BY: SECONDED BY:
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS
ON LOT 1, BLOCK 1, SONG ADDITION
PLANNING CASE FILE NO. 2012-16
WHEREAS, the City of Chanhassen has received a request to vacate the following public
drainage and utility easements located within Lot 1, Block 1, Song Addition:
1. drainage and utility easements dedicated by the recording of the plat of The Woods
at Longacres recorded with the Carver County Registrar of Titles on August 17,
1994, as Document No. T85306;
2. drainage and utility easements dedicated by the recording of the plat of Song
Addition recorded with the Carver County Registrar of Titles on October 18, 1996
as Document No. T94113;
3. drainage and utility easements granted by the recording of a Grant of Permanent
Easement for Drainage and Utility Purposes dated May 30, 2001 and recorded with
the Carver County Registrar of Titles on September 18, 2001 as Document No.
T121706; and
4. drainage and utility easements granted by the recording of a Grant of Permanent
Easement for Drainage and Utility Purposes dated March 12, 2002 and recorded
with the Carver County Registrar of Titles on January 15, 2003, as Document No.
T133056;
all as legally described in the attached vacation descriptions (collectively referred to herein as
"Drainage and Utility Easements "); and
WHEREAS, Lot 1, Block 1, Song Addition was previously platted as Outlot D, The Woods
at Longacres; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating the Drainage and Utility Easements on Lot 1, Block 1, Song Addition as
previously described herein.
Passed and adopted by the Chanhassen City Council this 13th day of November, 2012.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
...................
...................
DENOTES EASEMENT TO BE VACA TED
t in
eoy eo e
ye ,Nec .vti /
e
/ - P North line of Lot 1 -.
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• - :42.85 , _ N89 43'14 "W
- - .:: .::•: :::: _ _ • • • -. 19268 — 1
° °°°°°°°°:::°°� Northeast corner —•
•:�a• ;:•:::::::•:
;• -:... 3512
I I I:- . :�. % • of Lot 1
1 ,y:.:•:: :::: ;::.: •;::::r_ij;;;:: • i • .:� drainage &utility
t I- :::: ::':: -'• : -� /' / easement per Doc. No
1 t :1: : :::.:• � :y ' ` T133056
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DOCUMENT NO. T121706
An easement for Sanitary Sewer purposes over, under, and ocross that port of Lot 1,
Block 1, SONG ADDITION, Corver County, Minnesota according to the recorded plot
thereof described os follows:
Commencing at the northeast corner of said Lot 1; thence North 89 degrees 43
minutes 14 seconds West, ossumed bearing, along the north line of sold Lot 1 o
distance of 192.68 feet to the point of beginning; thence continuing along sold
north line, North 89 degrees 43 minutes 14 seconds West, o distonce of 42.85 feet;
thence South 08 degrees 16 minutes 34 seconds Eost o distance of 46.93 feet;
thence North 74 degrees 16 minutes 23 seconds East o distance of 41.96 feet;
thence North 07 degrees 01 minutes 15 seconds West o distonce of 35.12 feet to
the point of beginning.
DOCUMENT NO. T133056
An eosement for Sanitary Sewer purposes over, under, and ocross that port of Lot 1,
Block 1, SONG ADDITION, Carver County, Minnesota occording to the recorded plot
thereof described as follows
Commencing of the northeast corner of said Lot 1; thence North 89 degrees 43
minutes 14 seconds West, ossumed beoring, along the north line of said Lot 1 o
distance of 192.68 feet; thence South 07 degrees 01 minutes 15 seconds Eost,
35.12 feet to the point of beginning; thence continuing along lost described course
South 07 degrees 01 minutes 15 seconds Eost, 38.22 feet, thence North 27 degrees
58 minutes 38 seconds West, 38.66 feet, thence North 74 degrees 16 minutes 23
seconds East, 13.99 feet to the point of beginning.
WYNSONG www.ottoassoclates.com EXHIBIT A
DATE: 9/25/12 9 West Division Street
SCALE: 1 =40' GALPIN BLVD. PARTNERS, LLC
to
TTQ ' MN 55313
(7631682 4727
Fax: (763)682 -3522 Job. No.
DRAWN BY: C. S S SOCIATES C.S.O. CHANHASSEN, MN 2-12 -0191
Engineers & Land Surveyors, Inc.
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PROPOSED VACATED EASEMENTS
All of the Drainage and Utility Easements os donated and dedicated on the recorded plot
of SONG ADDITION, Carver County, Minnesota.
H' DENOTES EASEMENTS
:;:k;,
AND ° %sa% -;•u:+M
y:g.%.i.4Myny,, %hm
r�r fir; "??x "`Bli. TO BE VACATED
All of the Drainage and Utility Easements contained within Outlot D as donated and
dedicated on the recorded plot of THE WOODS AT LONGACRES, Carver County,
Minnesoto.
DATE: 9/26/12 WYNSONG www.ottoassocietes.com EXHIBITS. B
9 West Division Street
SCALE: 1 =100
' GALPIN BLVD. PARTNERS LLC i ii TT° (763)682-4727 55313 1 Job. No.
SSOCIATES
Fax: (763)682-3522
DRAWN BY: C. S. O. CHANHASSEN MN
Engineers & Land Surveyors, Inc. 2 -12 -0191
NOTICE OF PUBLIC HEARING
VACATION OF CONSERVATION AND DRAINAGE & UTILITY EASEMENTS
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Tuesday, November 13, 2012, 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
Galpin Boulevard Partners, LLC for the vacation of a conservation easement and drainage and
utility easements on Lot 1, Block, 1, Song Addition.
A legal description and drawing of the proposed vacation areas 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 October 25, 2012)
g: \eng \vacations \wynsong - pc 12 -16 \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
October 31, 2012, 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 Notice of
Pubic Hearing for Proposed Vacation of Conservation and Drainage & Utility Easements
on Lot 1, Block 1, Song Addition, Planning Case File No. 12 -16 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 = J. E gelha dt, De sif Clerk
JEAN M. STECKING
Subscribed ands orn to before me'
� _ Notary Publio- Minnesota
this�k.St day oi� 'C � --
t\Q■ 2012. '` ��� p qY Commission Expires Jan 31, 2014
vwwwwwv 1r \ , �Z
Notary Public
Notice of Public Hearing Notice of Public Hearing
Chanhassen City Council Meeting Chanhassen City Council Meeting
When is the When is the
public Monday, November 13, 2012 at 7:00 p.m. public Monday, November 13, 2012 at 7:00 p.m.
hearing: City Hall Council Chambers, 7700 Market Blvd. hearing: City Hall Council Chambers, 7700 Market Blvd.
Proposed Vacation of Conservation and Drainage & Proposed Vacation of Conservation and Drainage &
Proposal: Utility Easements - Planning Case File No. 12 -16 Proposal: Utility Easements - Planning Case File No. 12 -16
Applicant: Galpin Boulevard Partners, LLC Applicant: Galpin Boulevard Partners, LLC
Address/ Lot 1, Block 1, Song Addition Address/ Lot 1, Block 1, Song Addition
Location of A location map is on the reverse side of this Location of A location map is on the reverse side of this
Proposal: notice. Proposal: notice.
A vacation proceeding extinguishes the city's A vacation proceeding extinguishes the city's
What is a easement or right of way over the property. The What is a easement or right of way over the property. The
vacation: vacated property generally reverts to the owner of vacation: vacated property generally reverts to the owner of
the abutting property. the abutting property.
This public hearing gives the neighborhood an This public hearing gives the neighborhood an
opportunity to comment on the proposal. During opportunity to comment on the proposal. During
the meeting, the Mayor will lead the public hearing the meeting, the Mayor will lead the public hearing
What through the following steps: What through the following steps:
happens happens
at the 1. Staff will summarize the vacation request. at the 1. Staff will summarize the vacation request.
meeting: 2. The applicant may comment on the request. meeting: 2. The applicant may comment on the request.
3. Comments are received from the public. 3. Comments are received from the public
4. Public hearing is closed and the Council 4. Public hearing is closed and the Council
discusses the vacation request. discusses the vacation request.
If you'd like to review the proposal before the If you'd like to review the proposal before the
meeting, please stop by City Hall during office meeting, please stop by City Hall during office
hours, 8:00 a.m. to 4:30 p.m., Monday through hours, 8:00 a.m. to 4:30 p.m., Monday through
Friday. Please contact Alyson Fauske at 952 -227- Friday. Please contact Alyson Fauske at 952-227 -
Questions & 1164 or e -mail jshamla @ci.chanhassen.mn.us if Questions & 1164 or e -mail jshamla @ci.chanhassen.mn.us if
Comments: you have any questions or wish to submit written Comments: you have any questions or wish to submit written
comments (please provide one copy in advance of comments (please provide one copy in advance of
the meeting - staff will provide copies to the the meeting - staff will provide copies to the
Council). Council).
Notice of this public hearing has been published in the Chanhassen Villager on October 25, 2012. Notice of this public hearing has been published in the Chanhassen Villager on October 25, 2012.
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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.
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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.
ASHLING MEADOWS HOMEOWNERS BRUCE A & JERILYN M KRAFT CARTER W MUENCH
16305 36TH AVE N SUITE 600 7094 NORTHWOOD CT 2185 LAKE HARRISON RD
PLYMOUTH MN 55446 -4270 CHANHASSEN MN 55317 -7582 CHANHASSEN MN 55317 -4624
CARVER COUNTY CHARLES C S & AMY SONG DANIEL P & KATHRYN J O'CONNOR
602 4TH ST E 7042 GALPIN BLVD 7124 NORTHWOOD CT
CHASKA MN 55318 -2102 EXCELSIOR MN 55331 -8025 CHANHASSEN MN 55317 -7566
DAVID B ERICKSON DAVID H ROYER DONALD J LOBERG
7095 NORTHWOOD CT 2330 HARRISON HILL CT 6915 LAKE HARRISON CIR
CHANHASSEN MN 55317 -7582 CHANHASSEN MN 55317 -7586 CHANHASSEN MN 55317 -4625
DOUGLAS J AHRENS GREENWOOD DESIGN BUILD LLC JAMES B FARRELL
1949 TOPAZ DR 5114 EDINA INDUSTRIAL BLVD 6950 LAKE HARRISON CIR
CHANHASSEN MN 55317 -7593 EDINA MN 55439- CHANHASSEN MN 55317 -4625
JAMES D SHEEDY JEFFREY A VANTHOURNOUT JOHN C & CARRIE M TIETZ
6955 LAKE HARRISON CIR 6900 LAKE HARRISON CIR 7011 GALPIN BLVD
CHANHASSEN MN 55317 -4625 CHANHASSEN MN 55317 -4625 EXCELSIOR MN 55331 -8026
JOHN W & LISA G WING O HOMEOWNERS ASSN LUTHER T & EMILY J HIPPE
IN
7049 HARRISON HILL TRL 6940 LAKE HARRISON CIR
CHANHASSEN MN 55317 -7585 PO BOX 542 CHANHASSEN MN 55317 -4625
CHANHASSEN MN 55317 -0542
MARC A HOPE MARK A WAGNER MICHAEL A EVERETT
6960 LAKE HARRISON CIR 6945 LAKE HARRISON CIR 6930 LAKE HARRISON CIR
CHANHASSEN MN 55317 -4625 CHANHASSEN MN 55317 -4625 CHANHASSEN MN 55317 -4625
NONG TU DANG PAISLEY PARK ENTERPRISES INC PATRICK DOUGLAS SIMMONS
6890 LAKE HARRISON CIR 7801 AUDUBON RD 7055 NORTHWOOD CT
CHANHASSEN MN 55317 -4589 CHANHASSEN MN 55317 -8436 CHANHASSEN MN 55317 -7582
PETER JOHN GARBERG PRINCE R NELSON ROBERT JAY KLINE
7075 NORTHWOOD CT 7801 AUDUBON RD 2175 LAKE HARRISON RD
CHANHASSEN MN 55317 -7582 CHANHASSEN MN 55317 -8201 CHANHASSEN MN 55317 -4624
RONALD FRANK NUTTING SARAH D G CLAUSS SCOTT CARL & KATHRYN M WOSJE
7063 HARRISON HILL TRL 7074 NORTHWOOD CT 7125 NORTHWOOD CT
CHANHASSEN MN 55317 -7585 CHANHASSEN MN 55317 -7582 CHANHASSEN MN 55317 -7566
SHERALYN K SADDLER STEVEN P & JODY K BUSKA
1957 TOPAZ DR 7054 NORTHWOOD CT 6965 LA KRI O
CHANHASSEN MN 55317 -7593 CHANHASSEN MN 55317 -7582 CHANHASSEN R MN 55317-4625
TERRYL ANN MUELLER THOMAS L & SUSAN M YEZZI THOMAS P & ANGELA D VUKOVICH
7077 HARRISON HILL TRL 2320 HARRISON HILL CT 1965 TOPAZ
CHANHASSEN MN 55317 -7585 CHANHASSEN MN 55317 -7586 CHANHASSEN R MN 55317 -7593
TODD N SHELDON WILLIAM 0 NAEGELE STEVE KROISS
6925 LAKE HARRISON CIR 4300 BAKER RD GALPIN BLVD PARTNERS LLC
CHANHASSEN MN 55317 -4625 MINNETONKA MN 55343 -8600 PO BOX 218
CHANHASSEN MN 55317