2. Vacation portion of Nez Perce Dr. .1 c;...
CITYOF —
. 4
1 CHANHASSEN
, _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
OFFICIAL ENGINEERING COPY
I Received
MEMORANDUM Revision No.
Approved by City Engineer
1 TO: Charles Folch, City Engineer
Date
FROM:: Dave Hempel, Sr. Engineering Technician 4� Appro by City Council
1 Date
DATE: June 17, 1992 . 1 ,C i t
1 SUBJ: Public Hearing on Vacation of a Portion of Nez Perce Drive & - fil - 5
Outlot A, Troendle Addition
PW287C
i
I The City has received a petition from Mr. Frank Beddor, the developer of Troendle
Addition, requesting the City vacate a portion of Nez Perce Drive. In return, Mr. Beddor
is dedicating an additional piece of right-of-way to fulfill the City's future alignment of the
I Nez Perce extension to Peaceful Hills Road. Staff has met with Mr. Daryl Fortier, the
developer's engineer, on -site earlier in the year to discuss the future road alignment of Nez
Perce. It was decided that the road should be realigned in order to save trees and reduce
1 the amount of fill necessary for the extension of Nez Perce Drive. Therefore, it is
recommended that the City Council approve the vacation of Nez Perce Drive as described
on Exhibit A contingent upon the developer providing the City clear and free title on the
1 new parcel being conveyed on Exhibit A.
ktm
I Attachments: 1. Letter from Julius Smith dated April 29, 1992.
2. Petition for street vacation dated April 28, 1992.
I 3. Copy of proposed warranty deed.
4. Exhibit A.
1 c: Daryl Fortier, Fortier & Associates
Project File No. 91 -3
1
1
is
1 t 4. PRINTED ON RECYCLED PAPER
• R tL - 3
�
JULIUS C. SMITH
ATTORNEY AT LAW
SUITE 108
7600 FRANCE AVENUE SOUTH
I MINNEAPOLIS, MN 55435
PHONE: (612) 831 -1788
FAX: (612) 831 -1693
April 29, 1992
Mr. Dave Hempel
Engineering Dept.
City of Chanhassen
' Chanhassen City Hall
Box 147
Chanhassen, MN 55317
Re: Troendle Addition /Road Realignment
Dear Dave:
' I herewith enclose a copy of a new deed running to the City of
Chanhassen covering part of Lot 11 being given to it for the road
' change. The original deed is being sent to Mr. Beddor and I should
have it back in a couple of days. I have also forwarded a copy of
the deed to Mr. Jim Waisten.
' This property is subject to a $1,000 mortgage and I have forwarded
a partial release of mortgage to be executed by the mortgagee
covering the exact description contained in the warranty deed. As
' soon as I have these papers back I will forward them to you.
Since'rely,
JuI us C. Smith
' JC /da
' E closure CITY OF CHANHASSEN
L•?] f Fil \WIn
1 APR 3 01992
ENGINEERING DEPT.
AP29HEMP.JLT
ATTACHMENT 1
PETITION FOR STREET VACATION
II
TO: City Council, City of Chanhassen
II
Chanhassen, Minnesota
The undersigned, Frank Beddor, Jr. and Marilyn A. Beddor, his
II
wife, hereby petition the City Council of the City of Chanhassen to
vacate a portion of Nez Perce Drive as the same was dedicated in
the plat of TROENDLE ADDITION, according to the plat thereof on
I
file and of record in the office of the County Recorder, Carver
County, Minnesota, which portion of said Nez Perce Drive hereby
requested to be vacated is described in Exhibit A attached hereto I
and hereby made a part of this Petition.
R E C I T A L S
II
WHEREAS, the petitioners herein are the owners of the land
II
adjacent to that portion of Nez Perce Drive hereby petitioned to be
vacated; and
WHEREAS, the construction of Nez Perce Drive through the plat I
of TROENDLE ADDITION was slightly realigned from the roadway as
platted so as to make future construction of Nez Perce Drive
I
westerly to Peaceful Lane better fit the land over which it must be
constructed; and
WHEREAS, the realignment was approved by the Engineering
Department of the City of Chanhassen at the time of the
1 construction of Nez Perce Drive through TROENDLE ADDITION; and
WHEREAS, the petitioners herein are conveying a part of Lot I
11, Block 2, said TROENDLE ADDITION, for an easement for roadway
and utility purposes to the City of Chanhassen to facilitate the
realignment of Nez Perce Drive; and
II
WHEREAS, to complete the realignment of the roadway as II constructed to match a 50 -foot right -of -way for Nez Perce Drive,
the petitioners herein are requesting the City of Chanhassen vacate
that part of the platted Nez Perce Drive no longer needed for said
roadway and which abuts Outlot A of said TROENDLE ADDITION owned by
II
the undersigned.
1 1
ATTACHMENT I
.,
.1
NOW, THEREFORE, the undersigned petitioners, Frank Beddor, Jr.
and Marilyn A. Beddor, his wife, hereby request that that part of
the Nez Perce Drive shown on the plat of TROENDLE ADDITION and
described in Exhibit A hereof, be vacated by the City Council
pursuant to Minnesota Statutes, Section 412.851.
' Fran :eddor, Jr.
/1' ..�� _—� •
1 a •ilyn . Be•dor
1 M I O V ESOTt-
STATE OF €414 444344-14
1 COUNTY OF (ZV�2 ) ss
On this 2' day of l ri ( , 1992, personally appeared
' Frank Beddor, Jr. and Marilyn A. Beddor, husband and wife, who
acknowledge that they executed the foregoing Petition for Vacation.
1
Notary " nix, t-j r-'2°°
My commi NOT Y PUBLIC — MINNE
.::OTA COUNTY
' L;1 Co nn;:asion Expires May 1. 1995
1
1
1 2
-1 DEED Minnesota Uniform Conveyancing Blanks (1978) Miller-Dens Co. Minneapolis
Uld s .,. (s) to Corporation • •
tnerdrip
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
' Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ None
Date: May , 19 92
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Frank Redder, Jr. and Marilyn A. Beddor,
husband and wife , Grantor(s),
(marital status)
hereby convey(x) and warrant (a) to City of Chanhassen
,Grantee,
a municipal corporation underthelawsof Minnesota
real property in Carver County, Minnesota, described as follows:
A perpetual easement for public roadway, drainage and utility purposes
over, under and through that part of Lot 11, Block 2, TROENDLE ADDITION,
according to the recorded plat thereof, Carver County, Minnesota, lying
northerly of the following described line:
Commencing at the northeast corner of said Lot 11; thence northwesterly
along the northeasterly line of said Lot 11 a distance of 133.59 feet to
the point of beginning of the line to be herein described; thence
northwesterly 38.18 feet on a tangential curve, concave to the southwest
having a radius of 125.00 feet and a central angle of 17 degrees 29
minutes 59 seconds to a point on the west line of said Lot 11 and there
terminating. or more Waco is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Frank Beddor, Jr.
Affix Deed 'Fax Stamp here
Marilyn A. Beddor
STATE OF MINNESOTA
} ss.
COUNTY OF Carver
The foregoing instrument was acknowledggd before me this day of May , 19 9 ,
b Frank Beddor, Jr. and Marilyn A. Beddor, husband and wite
,Grantor(s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real property described In this instrument should
be sent to (Include name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): CITY OF CHANHASSEN
Julius C. Smith V ` IVS f gn
7600 France Ave. S.
Suite 108 APR 301992
Edina, MN 55435
ENGINEERING DEPT.
ATTACHMENT 3
.....
1
:1 PROPOSED VACATION
1
1
EXHIBIT A
1
That part of NEZ PERCE DRIVE as dedicated in the plat of
I TROENDLE ADDITION, according to the plat thereof in Carver County,
Minnesota, lying northerly of the following described line:
Commencing at the most southerly corner of Outlot A said TROENDLE
ADDITION; thence northwesterly along the southwesterly line of said
I Outlot A 159.19 feet to the point of beginning of the line to be
herein described; thence northwesterly 71.23 feet on a tangential
curve concave to the southwest having a radius of 175.00 feet and
I a central angle of 16 degrees 19 minutes 47 seconds to a point on
the west line of said TROENDLE ADDITION and there terminating.
1 AI
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