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4. Vacation of a portion of 3820 Lone Cedar Lane CITY O F PC DATE: ���i CHATHA� � CC DATE: 11/4/91 CASE #: 88-5 VAC By: Olsen:v 1 STAFF REPORT PROPOSAL: Partial Vacation of Lone Cedar Circle II- Z LOCATION: 3820 Lone Cedar Circle - Lot 4, Block 1, Cedar Crest ti -- APPLICANT: Scott Gauer 3821 Lone Cedar Circle I a_ Chaska, MN 55318 1Q IPRESENT ZONING: RSF, Residential Single Family ACREAGE: 46,700 square feet ' DENSITY: ADJACENT ZONING AND LAND USE: N - Lake Minnewashta S - Highway 5 E - RSF; single family I � W - RSF; single family WATER AND SEWER: Sewer and water available. W PHYSICAL CHARACTER. : The site abuts Lake Minnewashta and Highway 5 ' with the topography sloping towards Lake Minnewashta. 2000 LAND USE PLAN: Residential Low Density 1 1 M NNE was*--c 'L// 1��I� COUP, / \ / 4,0c,0 �1` .r f.. /�li� � I v,,-„ , I 4 WI .\�. — -- -r-- III I I I I 1 1 1 I II I II m i ii 14, 141 it,4/A lot. ---liftikk,51...04\ a •■•• r--- AP ( ,A. V411Wil 1 I PNS PROPOSED AREA ld I , TO BE �l op uM VACATED .B I 1----- I POMO A2 %/- - .• - , ••-1 6 .4, ,,..... , / • OAS 1.�' '4% / ,>>� j j\T,p•' * ' 1`' IO �P I t .1 -1' •"V/ 5 . 1,.., %/1&.-... 4'5%6 f 1■Ad t zat. — OA (..1 ,. A..,,,D it, "rAN, A p.I. 41. • T. M • V' o '% 4 */....,,,..,,,,. . I— fr_ S -3 - , v ,g 3p? 86` , e, r A- O ��•A tad.8 3°.3.4j4rd'i /73 e •�f • '�'.•• 2 I�. ie o I i 1. =tip/ 4?Ittl%kia%\i I Pre,;lit i if / v.,),lac44. 4et; 'Is / a. .oki lit 2 . rIo �,,�� Aso. / . Nth r I - DETAIL OF AREA k el �.� • ; ';! °• i . / ` l:_er 200 0,�c°l r:/ `� e141.11, .. 624 . Lone Cedar Lane November 4 , 1991 Page 2 BACKGROUND On September 26, 1988, the City Council approved a partial vacation for Lone Cedar Circle similar to the one that is again being proposed (Attachment #1) . The vacation was approved subject to the following conditions: 1. The applicant shall submit plans for the construction of the driveway for Lot 1, Block 1 to the City Engineer for approval prior to final plat review. , 2 . The applicant shall obtain written approval by the Minnesota Department of Transportation for the construction of the driveway onto Lone Cedar Road prior to final plat review. 3 . The proposed driveway for Lot 1, Block 1, shall maintain a minimum separation of 100 feet from State Highway 5. 4 . A 15 foot utility and drainage easement shall be centered over the 12 inch diameter watermain for the entire length of the right-of-way to be vacated. 5. The easement shall be in writing. • The vacation request was withdrawn by the applicant (Ralph Kant) after they could not receive agreement from the adjacent property to give up their right to the right-of-way. (Attachment #2) . PROPOSAL/SUMMARY , A new owner now owns the subject site (Scott Gauer) , who is now wishing to again vacate a portion of Lone Cedar Circle. Since the last application, the applicant has received agreement from the adjacent property to the east to give up their right to the right- of-way being proposed for vacation in return for alternative access to Hwy. 5 from their existing individual driveway onto Hwy. 5. ' The subject site is Lot 4, Block 1, Cedar Crest, located adjacent to Lake Minnewashta, with Hwy. 5 located to the south of the property. Between the subject site and Hwy. 5 is the unimproved public street right-of-way of Lone Cedar Lane (Attachment #3) . The applicant is proposing to vacate a portion of the Lone Cedar right- of-way that is remaining after the Hwy. 5 frontage road has been constructed. The City is currently in the process of completing a cooperative , construction project with MnDOT for construction of a frontage road and right turn lane on Hwy. 5 at Lone Cedar Lane. The project involves construction of a frontage road within the right-of-way of 1 ' Lone Cedar Lane November 4 , 1991 Page 3 Lone Cedar Lane to provide a new driveway access to Lot 3, Cedar Crest (the Mitylings) and Lot 4, Cedar Crest (the Gauers) . Staff ' has worked with the Mitylings and Gauers during the design and construction of the new frontage road. ' Since the new frontage road will serve as driveway access for both the Gauers and the Mitylings, the City has no use for a public street in this area except for the retention of appropriate drainage and utility easements for maintaining the existing ' watermain system and new storm sewer facilities constructed with the recent frontage road improvements. The City does not have any plans to improve the remaining portion of the right-of-way beyond the frontage road and with the vacation of the street right-of-way, the lots maintain the required 90 feet of street frontage along Hwy. 5. ' If the City should vacate the proposed right-of-way, the City should condition it upon the provision of a driveway access being maintained to serve the Mitylings. Therefore, it is recommended ' that the City require cross access or a driveway easement be provided by the Gauers in favor of Lot 3, Cedar Crest to guarantee rights for ingress and egress through the proposed vacated right- ' of-way. A maintenance agreement has been drafted between the two parties to provide snow plowing and general upkeep during the life of the frontage road when the city vacates the proposed section of Lone Cedar Lane. Since the cooperative construction project with MnDOT is not 100% completed, it is recommended that the recording of the vacation be ' delayed until the project is completed and MnDOT's portion of the construction funds are received. This is anticipated in early December, 1991. The right-of-way is directly south of the ' applicant's property. The applicant is requesting the City Council add in their motion that the property vacated be returned in whole to the Gauers. As long as the Mitylings have no objection, staff has no objection to this. Carver County has stated that the City ' can provide a quit claim deed to the Gauers for the vacated right- - of-way. ' RECOMMENDATION In summary, the portion of right-of-way proposed to be vacated is ' no longer needed by the City since the adjacent lots are being serviced by a recently constructed frontage road. In addition, the Gauers now have an agreement with the Mitylings to accept the vacation of the proposed right-of-way. Therefore, staff is ' recommending approval of the proposed vacation with the following conditions: 1 Lone Cedar Lane November 4 , 1991 Page 4 1. A 20 foot wide drainage and utility easement shall be reserved over the existing watermain and the new storm sewer facilities within the right-of-way proposed for vacation. 1 2 . A driveway or cross access easement shall be provided by the applicant in favor of Lot 4, Block 1, Cedar Crest (Mitylings) for rights to egress and ingress through the proposed vacated right-of-way. 3 . The City should delay recording the vacation document until 1 the City has received final payment from MnDOT for the cooperation construction project (#90-9 Trunk Highway 5 Frontage Road Improvement) . 1 4 . The City shall quit claim the vacated right-of-way to the Gauers. 1 ATTACHMENTS 1. City Council minutes dated September 26, 1988. 1 2 . Letter from Ralph Kant. 3 . Site plan showing proposed vacation. 4 . Memo from Dave Hempel dated October 29, 1991. 5. Letter from Scott Gauer dated October 7, 1991. 1 1 1 1 1 i 1 1 1 IICity Council Meeting - Sep.._.Iber 26, 1988 Councilman Horn: So we're not limited to the staff doing a mini-feasibility 1 ' study? Mayor Hamilton: I don't think that was part of the motion. Councilman Boyt moved, Councilman Geving seconded to authorize the feasibility study for Grandview Road sewer and water project subject to the Engineer getting I the data. All voted in favor except Councilman Horn who opposed and the motion carried. ' VISITORS PRESENTATION: II Albert Dorweiler: My name is Albert Dorweiler and I live along Bluff Creek there. They raised the road 4 feet on the highway there. I cane out of my driveway when I go out. They raised it 4 feet and it's like that. ...paper for me to get off in the wintertime and also, it's very dangerous to cane over the I hill, there's a blind hill there. I feel it's very unsafe for me to drive out of my driveway. ..I called Bill Engelhardt. He says, I'll take a look at it. I've been fighting with him for a month and a half now about this. I also told ' Bill Engelhardt about, I've got Vine Hill there and I'd like to have a sign put up, blind driveway. You told me that I could see the road. There's nothing that they can do. I also called the City of Chanhassen and Gary, he's the City I Engineer, he told me that it's a State road. There's nothing they can do. Is that true? It's a State road? II Don Ashworth: It's a State Aid road meaning that the City has to comply with IIState Aid requirements. Whether or not there's been a request to the State asking if we would be able to put blind intersection. Normally that is considered by the State. I'd like to have both of these issues researched and Ibrought back to the Council. Mayor Hamilton: We'll look into than for you Al. ICouncilman Geving: Let us know if you don't get this resolved. PUBLIC HEARING: REQUEST TO VACATE A PORTION OF LONE CEDAR CIRCLE, RALPH KANT. Mayor Hamilton called the public hearing to order. Councilman Geving moved, Councilman Horn seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. IJo Ann Olsen: The property is located south of Lake Minnewashta. It has ...right-of-way just to the south of it and adjacent to TH 5. The applicant is requesting to vacate a portion of the Lone Cedar right-of-way. The City does Inot have any intention to improve that road to the south. The two lots and to the east have direct access to TH 5. The lot further east is mostly wetland and will not be developed. The current applicant has a driveway onto Lone Cedar IIwhich does have direct access onto TH 5. The applicant has conferred with the engineering department and also with MnDot and the applicant has spoken with the 6 , 1City Council Meeting - Member 26, 1988 ir- I owner of Lot 3 and he has no objections to the partial vacation of the right-of-way. The applicant is going to be providing Lot 3 with a driveway easement across the vacated right-of-way should he ever want to have access to Lone Cedar rather than from TH 5. Councilman Boyt: One question I had, and maybe Larry can answer this, is the layout of the private drive. It looks to me, just looking at the transparency here, that we have a considerable distance between where the private drive is going to be and TH 5. Larry Brown: For which lot? For the subdivision or the neighboring lot? Councilman Boyt: No, for the proposed subdivision. , Larry Brown: Yes, there is approximately 250 feet I believe from the existing driveway. Councilman Boyt: What I mean about a distance from that private drive out to TH 5, what looks like a little strip it's created along there. Do you know how deep that strip is? It can't be 250 feet. 15 feet? It would seem to me as though, it might make more sense to pull the drive over closer to TH 5 and create more lawn in that lot rather than creating a 15 foot border on the other side of it. I'd just like same reaction to that thought. Is that private drive drawn in where you really want it to be? Councilman Horn: There's a big berm in there. Councilman Boyt: Okay. The other question that I seem to recall in reading this was, there's a MnDot approval involved in this. Is that right? Larry Brown: That's right. I put that condition on there solely because, as a vehicle exits out of the subdivision driveway and tries to access TH 5, it could have an impact to TH 5 which is how that operates. I'm recommending that MnDot review that so it does not have any adverse impacts to TH 5. ' Councilman Boyt: I'd like to see us approve this with the understanding that it's approved based on on MnDot's approval for the access. I think the whole thing hinges upon that. If MnDot doesn't give their approval, I don't think we should be creating a situation that they're stuck with. Mayor Hamilton: One of the conditions is that the applicant shall obtain ' written approval from MnDot. Councilman Boyt: I guess that's really most relevant to item 1(i) . Mayor Hamilton: Did you have anything else on the vacation? Councilman Boyt: No. ' Councilman Horn: I'm just kind of curious what the impact would be on TH 5. They'll be exiting to Lone Cedar Point. What's the impact to TH 5? , Larry Brown: If there's not enough separate distance between the driveway and TH 5, what tends to happen is the vehicle will turn off and it will be askewed I 7 City Council Meeting - SE ember 26, 1988 ' angle to the oncoming traffic. We all know that askewed problems can sometimes create a visibility hazard as the cars pull out onto TH 5. Councilman Horn: You're saying you can't get enough access onto Lone Cedar to get a straight shot to TH 5? Larry Brown: If it's too close to TH 5, the car will not be perpendicular to ' TH 5. Mayor Hamilton: If they're going to turn east. Well, either way I guess but east is more difficult to make the turn than going west. Councilman Johnson: Is there a problem with the present driveway? Where they are at the present? Larry Brown: The comment was intended to have the new driveway share in the existing driveway versus the distance that I've originally listed. Councilman Horn: So if there isn't a problem now, it shouldn't be a problem in the future? Larry Brown: Not if they share the same driveway. Councilman Horn: I don't really see a problem with TH 5. With that berm and that elevation difference, I don't know what problem that would be. Councilman Geving: The question that I had had to do with the easement to Lot 3, Block 1 and the applicant, in my view should place that in written form. I think that that would be a reasonable request. That you would get a written request from the applicant and that it becomes a part of the record. The other ' comment that I have is also in regards to the proposed driveway for Lot 1, Block 1. Now is that going to be the new driveway Ralph? Could you answer that? Lot 1, Block 1. ' Ralph Kant: It would be on the existing circle drive that already exists. We would utilize that. Councilman Geving: And you already have at least 100 feet there at the present ' time, is that correct? Ralph Kant: That's correct. Councilman Geving: The only comment that I would have made there, in cases like this, we like to have the City Engineer review the road construction to make sure that separation is 100 feet but I'm going to take your word for it. I think it is. I've been out there several times so that's a condition I think you already wrote in and there won't be any problem with that. I pass. ' Councilman Johnson: I have nothing on the vacation. Mayor Hamilton: I have nothing either. It looks fine to me. Is there a motion ' to approve item 2, the vacation of Lone Cedar Circle? Councilman Horn: I would so move. 8 -011 City Council Meeting - aptember 26, 1988 Mayor Hamilton: I'll second it. Co you want to put the conditions as suggested by the four conditions? 1 Councilman Geving: I'd like to have the one item that I suggested included. That the easement be in writing as a condition. There would be five conditions. I Resolution #88-100: Councilman Horn moved, Mayor Hamilton seconded to approve the Vacation Request #88-5 to vacate a portion of Lone Cedar Lane as shown on the site plan dated "Received August 15, 1988" and subject to the following conditions: 1. The applicant shall submit plans for the construction of the driveway for Lot 1, Block 1 to the City Engineer for approval prior to final plat review. 2. The applicant shall obtain written approval by the Minnesota Department of Transportation for the construction of the driveway onto Lone Cedar Road prior to final plat review. 3. The proposed driveway for Lot 1, Block 1 shall maintain a minimum separation of 100 feet from State Highway 5. 4. A 15 foot utility and drainage easement shall be centered over the 12 inch diameter watermain for the entire length of the right-of-way to be vacated. 5. The easement shall be in writing. I All voted in favor and the motion carried. CONSENT AGENDA: (I) PRELIMINARY PLAT APPROVAL FOR KANT SUBDIVISION. Councilman Boyt: I don't have any problem with it. I just wanted to see us 1 resolve item 2 first before we went ahead and approved the plat. So I recommend approval of item 1(i) . Mayor Hamilton: I'll second your motion. Councilman Boyt moved, Mayor Hamilton seconded to approve the Preliminary Plat for the Kant Subdivision pursuant to the City Manager's recommendations. All voted in favor and the motion carried. PUBLIC HEARING FOR CHANHASSEN HILLS TRUNK WATERMAIN SUPPLEMENTAL ASSESSMENT ROLL. 1 Mayor Hamilton called the public hearing to order. Larry Brown: I'm speaking for Mr. Don Patton who came in this evening. On Parcel No. 25-02317, it should be on the first page of the assessment roll, the fourth one down, we have found a discrepancy in that particular parcel so we are recommending that the Council approve the rest of the assessment roll as you see 9 ' hair �1 L� s 1 Joseph W, Mitlyng 3800 Arboretum Blvd. Chaska, MN 55318 May 15, •1989 Chanhassen City Council Attn: Mayor Chmiel Chanhassen, •Minnesota 55317 Dear Mayor Chmiel and Members of the City Council, On September 26, 1988, the City Council approved a request by Mr. Ralph Kant to vacate a portion of Lone Cedar Circle. I am the owner of Lot 3, the lot at the east end of Lone Cedar Circle. At this meeting, it was represented that I agreed to the partial vacation of ' this right of way. The fact is that this was discussed briefly with me by Mr. Kant, I indicated I would consider the possibility but would need something in writing; he stated he would get back to me in the ' next few days. The next contact was a call by Mr. Kant on April 30, 1989, that he ' would be bringing papers over to sign. I obtained a copy of the September 26th Council meeting minutes today. I did not last Fall, and have not now, agreed to any vacation 1 of Lone Cedar Circle. Access to Highway 5 from my driveway is hazardous, and increasingly so, with additional people moving out to Victoria and Waconia. In three years of living in this house, my family has been involved in two accidents. The city could not be expected to extend Lone Cedar to only serve 11 my property, but the road right of way meant that I could ask City approval to develop that access. A full city street is not needed, but a reasonably safe, useable ' roadway is. Despite the late notice from Mr. Kant, I have endeavored to work with him. At this point, we do not yet have an easement in writing that is acceptable. ' I ask that implementation of the Council's action be stayed, as provided in the September 26th decision, until a written easement agreement, mutually agreeable to Mr. Kant and myself, is signed and presented to the City Council or its designee. Very truly yours, ' Joseph W. Mitlyng cc: Ralph Kant MAY 19 1989 ' --do Ann Olsen CITY OF CHANHASSEN Westwood Professional Services, Inc. ' ❑ 14180 Trunk Hwy 5 ❑8525 Edinbrook Crossing Eden Prairie.MN 55344 Brooklyn Park,MN 55443 612 937-5150 612-424-8862 FAX 612 937-5822 FAX 612-424-7994 June 27, 1991 LEGAL DESCRIPTION FOR ROAD VACATION: That part of Cedar Crest Court, CEDAR CREST, according to the recorded plat thereof, Carver County Minnesota, lying easterly of the following described line; Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly Right of Way line of State Highway No. 5 and there terminating. • 1 I - 1 t 91311 1 1 1 oi ort. cquta - m 4hn t ereof !sect 4h 4. J1 •. ,I ;4\ Chairman of flit P ann'in i Zoning ' i Chn .pi q . q Cornmi -..7 nheSStn�oWaSl�i' E. Recommended for approval tl,u P dal o{ _ . s\ _ Y_ •I N Board of, Ldmmtssioners - ' - • ., �1 . i hereby (cr 'f {hnt_ihe Ooard of .Coen%y Commi'Sionc I .. ' day of r� Q.D.19 du1y opproved the ac I0. ...%! 4.,- �gItfl 1 \ .. . This ppla4 was .approvedl by the Town Boort of The Town of C �,�,�;�, sethn9 Thereof cld qt.'s /U clay of r.-„,.. -. , ,,, -f--(..,,,..4_,• v,/,. 8:...e..........,,,..._ sd• j. I... 1 • �,, / •,\ -' y0 Board Clto�rmon 1 `j /.. / titi; r \/S This pin{ was approved rt . Q.D. 19L� 4. ir / 4 6 ; , � C/AN f \/ lit, •4 ‘'• .- 4. .93. ki•k ..rsOi •i 't ? ♦• 1I 141. ., q 6%,,,,I °""foS Jr.! , . le A. . • ,/,,,, a •.i 5 .. � ' 1 ilA 4,4Pt, 51 400 ci,.t.../v>e) /IP4e 1/47 *?.4P el' 16.6 i I ,u. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 i MEMORANDUM i TO: Jo Ann Olsen, Senior Planner FROM: Dave Hempel, Sr. Engineering Technician ti/l r ,_ I DATE: October 29, 1991 SUBJ: Proposed Vacation of Lone Cedar Lane Right-of-way Lots 3 and 4, Cedar Crest Addition Project No. 90-9 i The City is currently in the process of completing a cooperative construction project with MnDOT for construction of a frontage road and right turn lane on Trunk Highway 5 at Lone Cedar Lane. The project involved construction of a frontage road within the right- of-way of Lone Cedar Lane to provide a new driveway access to Lot 3 , Cedar Crest (the Mitlyngs) since construction of the right turn lane required closing the Mitlyng's previous driveway access from Trunk Highway 5. Staff has worked with the Mitlyngs and Gauers during the design and construction of the new frontage road. Since the new frontage road will act as the driveways for both the Gauers and the Mitlyngs, the City has no use for a public street in this section of road right-of-way (Lone Cedar Lane) , although the City is interested in retaining a drainage and utility easement for maintaining the existing watermain system and new storm sewer facilities constructed with the recent frontage road improvements. As you may be aware, should the City vacate this right-of-way, the City is somewhat obligated to see that a driveway access is maintained to serve the Mitlyngs (Lot 3 , Cedar Crest) . Therefore, I would recommend that the City require a cross-access or driveway easement be provided by the Gauers in favor of Lot 3 , Cedar Crest to guarantee rights for ingress and egress through the proposed vacated right-of-way. It is my understanding that a maintenance agreement between the two parties has been drafted to provide snow plowing and general upkeep during the life of this road when the City vacates this section of Lone Cedar Lane. Since the cooperative construction project with MnDOT is not 100% completed, it is recommended that recording of the vacation be delayed until the project is completed and MnDOT's portion of the i t��� PRINTED ON RECYCLED PAPER I I Jo Ann Olsen October 29 , 1991 Page 2 I construction funds are received which is anticipated in early IDecember, 1991. Recommended Conditions of Approval I i. A 20-foot wide drainage and utility easement should be reserved over the existing watermain and the new storm sewer facilities within the right-of-way proposed for vacation. 2 . A driveway or cross-access easement should be provided by the applicant in favor of Lot 3, Cedar Crest (Mitlyngs) for rights ' to ingress and egress through the proposed vacated right-of- way. 3 . The City should delay recording the vacation document until I the City has received final payment from MnDOT for the cooperation construction project (No. 90-9, Trunk Highway 5 Frontage Road Improvements) . I ktm . , c: Charles Folch, City Engineer I I I II I I I II I October 7, 1991 1 Scott and Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 55318 1 Ms. Joanne Olson City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Ms. Olson: I am writing this letter to request that the City of Chanhassen vacate a , portion of Cedar Crest Court in favor of my wife and myself. The area to be Nacated is described in the attached legal description for road vacation. Vacation of this parcel of land in our favor would allow us the necessary land area to, at some point in the future, subdivide our lot into two build- able lots. A portion of the land will be used as a private drive serving our neighbors at Lot Three, as well as any future owners of the new subdivided lot. The remainder of the vacated area will be planted with grass, as well as with trees and shrubs to provide a partial noise and sight barrier between my ' property and Highway 5. Appropriate easements will be provided to the users of the private drive as well as to the City for access to the water main and sewers lying within this area. An agreement has been reached with the owners of Lot Three, Joseph and Marilyn Mitlyng, concerning maintenance of the road and the easements which will be provided to them. This agreement also indicates the Mitlyng's approval of the vacation in favor of the Gauers. I am attaching a copy of the agree- ment for your review. I am also attaching a list of all property owners and addresses within five hundred feet of the proposed vacation, and a completed application form together with a $100 application fee. As you know, the City of Chanhassen approved this vacation in 1988 in favor of Ralph and Carol Kant (the previous owners of our lot) subject to the granting of an easement to the Mitlyngs. This requirement has now been met. It is my understanding that both the City and MN/DOT are in favor of the vacation, and in fact consider it an integral part of the current road construction project taking place on Cedar Crest Court. Sincerely, 1 Scott Gauer I AGREEMENT Joseph W. Mitlyng and Marilyn K. Mitlyng own the property at 3800 Arboretum I Boulevard, legally described as Lot 3, Block 1, Cedar Crest. Scott P. Lauer and Laurie A. Gauer own the property at 3820 Lone Cedar Lane, legally described as Lot 4, Block 1, Cedar Crest. The Mitlyngs currently have access to their property by means of a driveway exiting directly onto Highway 5. Access to Highway 5 from their driveway I is hazardous and increasingly so with additional people moving to Victoria and Waconia. The access is hazardous to both the Mitlyngs and other users of Highway 5. I In order to make the access to their home safer, the Mitlyngs wish to block the current entrance to their property and change their access to Lone Cedar Lane. The Minnesota Department of Transportation has also expressed an I interest in blocking the Mitlyngs' driveway and has proposed a plan for building a twenty foot wide frontage road from Lone Cedar Lane to the Mitlyngs' property. Several versions of the plan have been developed. The verson least unacceptable to the Cauers that addresses the concerns of other residents and users of Lone Cedar is acceptable to the Mitlyngs. The proposed frontage road will be constructed on the Highway 5 right—of—way !' - as well as on City land platted as Cedar Crest Court. The Minnesota Depart- ment of Transportation has indicated a willingness to pay the majority of the costs of the road except for a portion of the storm drainage costs to I be shared by .the City, the Mitlyngs and the Cauers, as well as the total costs of a right turn lane off Highway 5 to Lone Cedar. The City proposes to assess the parties' properties approximately $6,058 for drainage costs related to the project. The parties agree to consent to such an assessment in the proportion of 1/4th (approximately $1,514.50) to be paid by Gauers and 3/4ths (approximately $4,543.50) to be paid by Mitlyngs. The Gauers' property fronts on Cedar Crest Court. Construction of the pro- ' posed frontage road would be detrimental to the Gauers for the following reasons: The area in which the road is to be built is currently occupied I by a large berm and a row of mature trees and hedges. These currently pro- vide a barrier between the Gauers' children's play area and Highway 5, and also provide a significant noise and sight barrier between the Cauers' home and Highway 5. Construction of the proposed road would eliminate these barriers and would serve to open up the Cauers' property to Highway 5. The Gauers will also lose the use of their circular driveway-and will incur landscaping costs as a result of the construction of the proposed road. I I i 1 - 2 - I The proposed road does not benefit the Gauers unless through the ensuing City's vacation of Cedar Crest Court in favor of the Gauers, the Gauers are able to subdivide their current lot into two buildable lots. The City of Chanhassen has expressed a desire to vacate Cedar Crest Court in favor of the Gauers with the provision of a road easement to the Mitlyngs. There- fore in return for the Gauers' cooperation in allowing the new road to be built, the Mitlyngs agree to transfer and assign to the Gauers by Quit Claim Deed any and all rights in that portion of Cedar Crest Court to be vacated by the City of Chanhassen, except for the easements provided to the Mitlyngs as described in this agreement. Furthermore, the Mitlyngs will do nothing that may serve to prevent the City of Chanhassen from vacating any portion of Cedar Crest Court in favor of the Gauers, and the Mitlyngs will not do anything now or in the future which may inhibit the Gauers from subdividing their lot. The Gauers will grant a permanent easement to the Mitlyngs for use of the road for ingress and egress to the Mitlyngs' property as well as to provide temporary (no overnight) guest parking over that portion of Cedar Crest Court identified on Exhibit A (attached hereto and incorporated by reference) . The portions of Cedar Crest covered by the easements provided in this agree- ment will be legally defined in a definitive easement to be attached at a later date. The Gauers will also give the Mitlyngs a permanent easement on the easterly ten feet of Cedar Crest Court to plant trees as a visual highway barrier. This ten foot wide strip consists of the ten feet abutting the Mitlyngs' property and will extend for sixty feet from the Highway 5 right-of-way toward Lake Minnewashta. , The Mitlyngs will keep the road in good repair and will bear the full cost of maintenance, repairs, snow plowing or any other costs relating to the road for so long as the road is for the Mitlyngs' sole use and benefit, except for incidental use by the Gauers. An area consisting of five feet along both sides of the road will be planted in grass and will be maintained in good condition by the Mitlyngs. The Mitlyngs will be provided with a permanent easement for use of the five foot wide strip along both sides of the road for snow removal and utilities. Any utilities in this area will be buried below ground. , At some point in the future the Gauers may subdivide their lot. If and when a new dwelling is built on the new lot and inhabited, the owners of the new home shall he entitled to use of the road easement granted here- under and will be responsible for one-half of the cost relating to that portion of the road which serves both the Mitlyngs and the inhabitants of the new house. This portion will be determined in the following manner (see attached map) : Measurement will be made along the new road from the edge of the existing Lone Cedar Lane to the new driveway; this measure- ment equals "A." A second measurement will be made along the 1 ' - 3 - entire length of the new road from the edge of the existing Lone Cedar Lane to the far end of the new road. This measure- ment equals "B." The portion of the road related costs for which the new homewoners will be responsible equals .5 times B. ' The Mitlyngs will continue to be responsible for all road related costs except for that portion described in the above paragraph. The road related costs are defined as any costs of repairs, maintenance or snow plowing in- curred after the house is inhabited. Decisions concerning management of the raod, such as maintenance and plowing ' will be made by mutual agreement of the parties concerned. Any irreconcil- able disputes will be settled by arbitration in accordance with the rules of the American Arbitration Association. The parties agree to seek consent to this agreement from their mortgage holders and other lien holders. This entire agreement shall be contingent upon the successful vacation and transfer of a portion of Cedar Crest Court by the City of Chanhassen to the Gauers (this portion is indicated on Exhibit B) . ' The easements to be granted by the Gauers shall be good and marketable. ' A surveyed legal description of the road easement will be provided by the Mitlyngs if the City's engineering drawings and specifications do not include such a description. This legal description will be subject to review and verification by the Gauers. The parties agree that the Mitlyngs' and the Gauers' interests in Cedar Crest Court are fully satisfied, settled, and compensated by the elements ' of this agreement. This agreement will be put into recordable form and will be incorporated ' into all documents pertaining to the Mitlyngs and the Gauers' properties ' and will bind the parties hereto, their heirs, successors and assigns and shall run with the land. 1 oseph W. Mitlyng (Date) Scott 7 P. Gauer Date) (111017A Marilyn '. Mitlyng (Date) Laurie A. Gauerr' (Date) • I Ipr-r7 -,,.. J, b r a'7 I 1 ,v( I C` ay rt,} u ', x t / ,` / t / / a ' / �' Y //` I i I / 2 A a 11 < . / ; e l I/i t I / / a a 1 I -----// k, I Iv I I , ri 7/"4-.►J't✓ SJrgr,w a/2* I I I 7 I 3 7 ' r I I / I I � I I r p v 0 Z IV M .01.,c, y 2 ' cif O A2 L4wre v o"i I I I I ` X ` ' of a re qulo 14 iin 'i eteof hndd ibis ''Ze-' ,,..\ :::-• \\ •-. N1 -1 ' . .,n9 i Zoning ConunisSion,than EXHIBIT B pc•ovnl t11ts 1 day 01 AY- • •• ;k1sa Ooard of ,Cove%y Con'imiist\U 1 -- , -• t s_� A.D. !9 clu1Y aipprov�"d- he. a it `q,ts r\ • This ppin4 was .approved by \Ine Town Boar of fhe.'Totn of ,.. , fet:�n {hcrc.of cld this /1, an of �. g - y 1 r l Board Chairman ,rs, 7 `K g: . 4, t / '\\ I . • a�� '-��°`'ti;�`�' '.r, x'41 This plat was approve, J re ti• `-.\,,, '• y / \ 0A\ 6 .‘,4z, s 4....A v ,.. kl#1/A ' Pot-TIN o CADlZ ` I CoUtLr (o dE '- , Sk v ' 76 c r�—°� �� ',� h;•• .4 1 pie 4",1, �•�" Go����' �'r<<� ` / �S c �.,k 5 . , a 5� ,°. ' ,�, / s, 1 _ �i . & _ , ........ . XL— k J Q Oil;+ tip" r: d 13 �t4rd� �r • 'v /41... .%? f So'ta A ti, t �; '3 . . .. 2�� G • 1p . • — ,,,,, • tb. /0C)4c/ /5,i:Okati . 1 zle .4. #. 7sv7 /44.TA /1 / 2 1 lungcr. c,;" /7 1 °T'10 N 4o , '/ / ' I�''��iqr °�, Zoo WIC ji :'/ r• M0.s •54 ln v/Ii.dI;r. Lnr.; l „Sg --..t • IC IT e O F PC DATE: 4 CHA1HASE ���i' CC DATE: 11/4/91 `1., CASE #: 88-5 VAC By: Olsen:v II il STAFF REPORT 1 PROPOSAL: Partial Vacation of Lone Cedar Circle II- Z' LOCATION: 3820 Lone Cedar Circle - Lot 4, Block 1, Cedar Crest 0 APPLICANT: Scott Gauer IJ 3821 Lone Cedar Circle a Chaska, MN 55318 1 4 I IPRESENT ZONING: RSF, Residential Single Family IACREAGE: 46,700 square feet DENSITY: I ADJACENT ZONING AND LAND USE: N - Lake Minnewashta S - Highway 5 IIE - RSF; single family Q W - RSF; single family 4 WATER AND SEWER: Sewer and water available. 0 W PHYSICAL CHARACTER. : The site abuts Lake Minnewashta and Highway 5 I with the topography sloping towards Lake Minnewashta. I 2000 LAND USE PLAN: Residential Low Density 1 , I Na5- c r COUP T.------- r - \ - � , / 4I400 O ! % '. \ N4 /` 04)T " _ �` O v DRIVE 4 _,..r._ Wel _IL_. silf,\, ,WWII — - • , �j..\ \tee. - -- __, oi,.,..,,A: ale , i OM We I Pi PROPOSED AREA - \, TO BE �1---% l sop,<1'u VACATED POND A2 1 - .• - OA, 6 4 /-A f ., /iv i iliki *s O! •' t `; to J1 5: 4) • C'' .5 ..". = ti 21:47 1( J.., •0.. 04 ?.? .*- 0 ,t, •• ,...v, ti G ft l'„ 4-,/ i' 04 4.-, t:11 / .4., • , .f, -n-• / 4 ... ,„,; ....... . .... 7\ S?_/ N..... : M • S 32° / d 303 s..86-e 10 . l4f k. 4.% 0 *es — `' A ,.. 3.,-,3.Ch ) f ... �cQri q Ar4 tk , 4 o l A, ki%41 .' b' .� I,t �• / 1 I ae,4. sin/1 . 41, . 2 . u % I 71 s I itr,0 / 2, 1 4 4.54 DETAIL OF AREA tip/ so / ' 4the l/ y • • . ' _ ` 6 ' Lone Cedar Lane November 4, 1991 I Page 2 BACKGROUND On September 26, 1988, the City Council approved a partial vacation for Lone Cedar Circle similar to the one that is again being proposed (Attachment #1) . The vacation was approved subject to the following conditions: 1. The applicant shall submit plans for the construction of the driveway for Lot 1, Block 1 to the City Engineer for approval prior to final plat review. 2 . The applicant shall obtain written approval by the Minnesota ' Department of Transportation for the construction of the driveway onto Lone Cedar Road prior to final plat review. 3 . The proposed driveway for Lot 1, Block 1, shall maintain a minimum separation of 100 feet from State Highway 5. 4 . A 15 foot utility and drainage easement shall be centered over the 12 inch diameter watermain for the entire length of the right-of-way to be vacated. 5. The easement shall be in writing. The vacation request was withdrawn by the applicant (Ralph Kant) after they could not receive agreement from the adjacent property to give up their right to the right-of-way. (Attachment #2) . PROPOSAL/SUMMARY A new owner now owns the subject site (Scott Gauer) , who is now wishing to again vacate a portion of Lone Cedar Circle. Since the last application, the applicant has received agreement from the adjacent property to the east to give up their right to the right- of-way being proposed for vacation in return for alternative access to Hwy. 5 from their existing individual driveway onto Hwy. 5. The subject site is Lot 4, Block 1, Cedar Crest, located adjacent ' to Lake Minnewashta, with Hwy. 5 located to the south of the property. Between the subject site and Hwy. 5 is the unimproved public street right-of-way of Lone Cedar Lane (Attachment #3) . The ' applicant is proposing to vacate a portion of the Lone Cedar right- of-way that is remaining after the Hwy. 5 frontage road has been constructed. The City is currently in the process of completing a cooperative construction project with MnDOT for construction of a frontage road and right turn lane on Hwy. 5 at Lone Cedar Lane. The project involves construction of a frontage road within the right-of-way of 1 Lone Cedar Lane November 4 , 1991 Page 3 Lone Cedar Lane to provide a new driveway access to Lot 3 , Cedar Crest (the Mitylings) and Lot 4, Cedar Crest (the Gauers) . Staff has worked with the Mitylings and Gauers during the design and construction of the new frontage road. Since the new frontage road will serve as driveway access for both the Gauers and the Mitylings, the City has no use for a public street in this area except for the retention of appropriate drainage and utility easements for maintaining the existing watermain system and new storm sewer facilities constructed with the recent frontage road improvements. The City does not have any plans to improve the remaining portion of the right-of-way beyond the frontage road and with the vacation of the street right-of-way, the lots maintain the required 90 feet of street frontage along Hwy. 5. If the City should vacate the proposed right-of-way, the City should condition it upon the provision of a driveway access being maintained to serve the Mitylings. Therefore, it is recommended that the City require cross access or a driveway easement be provided by the Gauers in favor of Lot 3, Cedar Crest to guarantee rights for ingress and egress through the proposed vacated right- of-way. A maintenance agreement has been drafted between the two • parties to provide snow plowing and general upkeep during the life of the frontage road when the city vacates the proposed section of Lone Cedar Lane. Since the cooperative construction project with MnDOT is not 100% I completed, it is recommended that the recording of the vacation be delayed until the project is completed and MnDOT's portion of the construction funds are received. This is anticipated in early December, 1991. The right-of-way is directly south of the applicant' s property. The applicant is requesting the City Council add in their motion that the property vacated be returned in whole to the Gauers. As long as the Mitylings have no objection, staff has no objection to this. Carver County has stated that the City can provide a quit claim deed to the Gauers for the vacated right- of-way. RECOMMENDATION In summary, the portion of right-of-way proposed to be vacated is no longer needed by the City since the adjacent lots are being serviced by a recently constructed frontage road. In addition, the Gauers now have an agreement with the Mitylings to accept the vacation of the proposed right-of-way. Therefore, staff is recommending approval of the proposed vacation with the following conditions: I I 1 ' Lone Cedar Lane November 4 , 1991 Page 4 1. A 20 foot wide drainage and utility easement shall be reserved over the existing watermain and the new storm sewer facilities within the right-of-way proposed for vacation. 2 . A driveway or cross access easement shall be provided by the applicant in favor of Lot 4, Block 1, Cedar Crest (Mitylings) ' for rights to egress and ingress through the proposed vacated right-of-way. 3 . The City should delay recording the vacation document until the City has received final payment from MnDOT for the cooperation construction project (#90-9 Trunk Highway 5 ' Frontage Road Improvement) . 4 . The City shall quit claim the vacated right of-way to the Gauers. ATTACHMENTS 1. City Council minutes dated September 26, 1988. 2 . Letter from Ralph Kant. 3 . Site plan showing proposed vacation. 4 . Memo from Dave Hempel dated October 29, 1991. 5. Letter from Scott Gauer dated October 7, 1991. I 1 1 I 19 City Council Meeting - Sep___.tber 26, 1988 Councilman Horn: So we're not limited to the staff doing a mini-feasibility study? Mayor Hamilton: I don't think that was part of the motion. Councilman Boyt moved, Councilman Geving seconded to authorize the feasibility study for Grandview Road sewer and water project subject to the Engineer getting the data. All voted in favor except Councilman Horn who opposed and the motion carried. VISITORS PRESENTATION: Albert Dorweiler: My name is Albert Dorweiler and I live along Bluff Creek there. They raised the road 4 feet on the highway there. I cane out of my driveway when I go out. They raised it 4 feet and it's like that. ...paper for me to get off in the wintertime and also, it's very dangerous to cane over the hill, there's a blind hill there. I feel it's very unsafe for me to drive out of my driveway. ...I called Bill Engelhardt. He says, I'll take a look at it. I've been fighting with him for a month and a half now about this. I also told Bill Engelhardt about, I've got Vine Hill there and I'd like to have a sign put up, blind driveway. You told me that I could see the road. There's nothing that they can do. I also called the City of Chanhassen and Gary, he's the City Engineer, he told me that it's a State road. There's nothing they can do. Is that true? It's a State road? Don Ashworth: It's a State Aid road meaning that the City has to comply with State Aid requirements. Whether or not there's been a request to the State asking if we would be able to put blind intersection. Normally that is considered by the State. I'd like to have both of these issues researched and brought back to the Council. Mayor Hamilton: We'll look into them for you Al. Councilman Geving: Let us know if you don't get this resolved. 1 PUBLIC HEARING: REQUEST TO VACATE A PORTION OF LONE CEDAR CIRCLE, RALPH ANT. , Mayor Hamilton called the public hearing to order. Councilman Geving moved, Councilman Horn seconded to close the public hearing. 1 All voted in favor and the motion carried. The public hearing was closed. Jo Ann Olsen: The property is located south of Lake Minnewashta. It has ...right-of-way just to the south of it and adjacent to TH 5. The applicant is requesting to vacate a portion of the Lone Cedar right-of-way. The City does not have any intention to improve that road to the south. The two lots and to the east have direct access to TH 5. The lot further east is mostly wetland and will not be developed. The current applicant has a driveway onto Lone Cedar I!! which does have direct access onto TH 5. The applicant has conferred with the engineering department and also with MnDot and the applicant has spoken with the ' 6 1 City Council Meeting - }tember 26, 1988 owner of Lot 3 and he has no objections to the partial vacation of the right-of-way. The applicant is going to be providing Lot 3 with a driveway easement across the vacated right-of-way should he ever want to have access to Lone Cedar rather than from TH 5. Councilman Boyt: One question I had, and maybe Larry can answer this, is the layout of the private drive. It looks to me, just looking at the transparency here, that we have a considerable distance between where the private drive is going to be and TH 5. ILarry Brown: For which lot? For the subdivision or the neighboring lot? Councilman Boyt: No, for the proposed subdivision. Larry Brown: Yes, there is approximately 250 feet I believe from the existing driveway. Councilman Boyt: What I mean about a distance from that private drive out to TH 5, what looks like a little strip it's created along there. Do you know how deep that strip is? It can't be 250 feet. 15 feet? It would seem to me as ' though, it might make more sense to pull the drive over closer to TH 5 and create more lawn in that lot rather than creating a 15 foot border on the other side of it. I'd just like some reaction to that thought. Is that private drive ' drawn in where you really want it to be? Councilman Horn: There's a big berm in there. Councilman Boyt: Okay. The other question that I seem to recall in reading this was, there's a MnDot approval involved in this. Is that right? II . Larry Brown: That's right. I put that condition on there solely because, as a vehicle exits out of the subdivision driveway and tries to access TH 5, it could have an impact to TH 5 which is how that operates. I'm recommending that MnDot ' review that so it does not have any adverse impacts to TH 5. Councilman Boyt: I'd like to see us approve this with the understanding that it's approved based on on MnDot's approval for the access. I think the whole ' thing hinges upon that. If MnDot doesn't give their approval, I don't think we should be creating a situation that they're stuck with. Mayor Hamilton: One of the conditions is that the applicant shall obtain written approval from MnDot. ' Councilman Boyt: I guess that's really most relevant to item 1(i) . Mayor Hamilton: Did you have anything else on the vacation? Councilman Boyt: No. Councilman Horn: I'm just kind of curious what the impact would be on TH 5. I(-- They'll be exiting to Lone Cedar Point. What's the impact to TH 5? Larry Brown: If there's not enough separate distance between the driveway and TH 5, what tends to happen is the vehicle will turn off and it will be askewed 7 i =�z City Council Feting - Sr ember 26, 1988 angle to the oncoming traffic. We all know that askewed problems can sometimes create a visibility hazard as the cars pull out onto TH 5. Councilman Horn: You're saying you can't get enough access onto Lone Cedar to get a straight shot to TH 5? • Larry Brown: If it's too close to TH 5, the car will not be perpendicular to TH 5. Mayor Hamilton: If they're going to turn east. Well, either way I guess but east is more difficult to make the turn than going west. , Councilman Johnson: Is there a problem with the present driveway? Where they are at the present? ' Larry Brown: The comment was intended to have the new driveway share in the existing driveway versus the distance that I've originally listed. Councilman Horn: So if there isn't a problem now, it shouldn't be a problem in the future? Larry Brown: Not if they share the same driveway. ' Councilman Horn: I don't really see a problem with TH 5. With that berm and that elevation difference, I don't know what problem that would be. Councilman Geving: The question that I had had to do with the easement to Lot 3, Block 1 and the applicant, in my view should place that in written form. I think that that would be a reasonable request. That you would get a written request from the applicant and that it becomes a part of the record. The other comment that I have is also in regards to the proposed driveway for Lot 1, Block 1. Now is that going to be the new driveway Ralph? Could you answer that? Lot 1, Block 1. • Ralph Kant: It would be on the existing circle drive that already exists. We 1 would utilize that. Councilman Geving: And you already have at least 100 feet there at the present time, is that correct? Ralph Kant: That's correct. Councilman Geving: The only comment that I would have made there, in cases like this, we like to have the City Engineer review the road construction to make sure that separation is 100 feet but I'm going to take your word for it. i think it is. I've been out there several times so that's a condition I think you already wrote in and there won't be any problem with that. I pass. Councilman Johnson: I have nothing on the vacation. Mayor Hamilton: I have nothing either. It looks fine to me. Is there a motion to approve item 2, the vacation of Lone Cedar Circle? Councilman Horn: I would so move. 8 City Council Meeting - aptember 26, 1988 1 ' Mayor Hamilton: I'll second it. Do you want to put the conditions as suggested 1 by the four conditions? Councilman Geving: I'd like to have the one item that I suggested included. That the easement be in writing as a condition. There would be five conditions. Resolution #88-100: Councilman Horn moved, Mayor Hamilton seconded to approve the Vacation Request #88-5 to vacate a portion of Lone Cedar Lane as shown on the site plan dated "Received August 15, 1988" and subject to the following ' conditions: 1. The applicant shall submit plans for the construction of the driveway for Lot 1, Block 1 to the City Engineer for approval prior to final plat review. 2. The applicant shall obtain written approval by the Minnesota Department of Transportation for the construction of the driveway onto Lone Cedar Road prior to final plat review. 3. The proposed driveway for Lot 1, Block 1 shall maintain a minimum separation of 100 feet from State Highway 5. 4. A 15 foot utility and drainage easement shall be centered over the 12 inch diameter watermain for the entire length of the right-of-way to be vacated. 5. The easement shall be in writing. All voted in favor and the motion carried. ' CONSENT AGENDA: (I) PRELIMINARY PLAT APPROVAL FOR KANT SUBDIVISION. - Councilman Boyt: I don't have any problem with it. I just wanted to see us resolve item 2 first before we went ahead and approved the plat. So I recommend approval of item 1(i) . Mayor Hamilton: I'll second your motion. 1 Councilman Boyt moved, MayorHamilton seconded to approve the Preliminary Plat ' for the Kant Subdivision pursuant to the City Manager's recommendations. All voted in favor and the motion carried. ' PUBLIC HEARING FOR CHANHASSEN HILLS TRUNK WATERMAIN SUPPLEMENTAL ASSESSMENT ROLL. Mayor Hamilton called the public hearing to order. Larry Brown: I'm speaking for Mr. Don Patton who cane in this evening. On Parcel No. 25-02317, it should be on the first page of the assessment roll, the fourth one down, we have found a discrepancy in that particular parcel so we are recommending that the Council approve the rest of the assessment roll as you see 9 11 V Joseph W, Mitl n ' P Y g 3800 Arboretum Blvd. Chaska, MN 55318 May 15, '1989 11 Chanhassen City Council Attn: Mayor Chmiel Chanhassen, -Minnesota 55317 Dear Mayor Chmiel and Members of the City Council, I On September 26, 1988, the City Council approved a request by Mr. Ralph Kant to vacate a portion of Lone Cedar Circle. I am the owner of Lot 3, the lot at the east end of Lone Cedar Circle. At this meeting, it was represented that I agreed to the partial vacation of this right of way. The fact is that this was discussed briefly with me by Mr. Kant, I indicated I would consider the possibility but would need something in writing; he stated he would get back to me in the next few days. The next contact was a call by Mr. Kant on April 30, 1989, that he would be bringing papers over to sign. I obtained a copy of the September 26th Council meeting minutes today. I did not last Fall, and have not now, agreed to any vacation of Lone Cedar Circle. Access to Highway 5 from my driveway is hazardous, and increasingly so, with additional people moving out to Victoria and Waconia. In three years of living in this house, my family has been involved in two accidents. The city could not be expected to extend Lone Cedar to only serve my property, but the road right of way meant that I could ask City approval to develop that access. , A full city street is not needed, but a reasonably safe, useable roadway is. Despite the late notice from Mr. Kant, I have endeavored to work with him. At this point, we do not yet have an easement in writing that is acceptable. I ask that implementation of the Council's action be stayed, as ' provided in the September 26th decision, until a written easement agreement, mutually agreeable to Mr. Kant and myself, is signed and presented to the City Council or its designee. ' Very truly yours, Joseph W. Mitlyng - cc: Ralph Kant M AY 19 1989 —Jo Ann Olsen CITY OF CHANHASSEN ' Westwood Professional Services, Inc. ' 0 14180 Trunk Hwy 5 ❑8525 Edinbrook Crossing Eden Prairie MN 55344 Brooklyn Park,MN 55443 612 937 5150 612-424-8862 FAX 612-937 5822 FAX 612-424-7994 ' June 27, 1991 LEGAL DESCRIPTION FOR ROAD VACATION: ' That part of Cedar Crest Court, CEDAR CREST, according to the recorded plat thereof, Carver County Minnesota, lying easterly of the following described line; Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; ' thence South 32 degrees 34 minutes 32 seconds West, assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet ' to the northerly Right of Way line of State Highway No. 5 and there terminating. 1 ' 91311 1 9 m }in- t creof wild }h+% mot' a 4:8; \ • N` Chairman of the P nnnin9 i Zoning Commission ChonhaS d Recommened faro approval PP l I s_ � do o� tr...4 , Qoard o{ (drnMii%%oners • 1 I hereby Cer#'fv 4nai_k1�e aoacd of ,tovn%y CommiSS►enc . 1 day of ..- Q.D. !9 duly o roved the :: rf 1 CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Jo Ann Olsen, Senior Planner 1 FROM: Dave Hempel, Sr. Engineering Technician --- 1 DATE: October 29, 1991 SUBJ: Proposed Vacation of Lone Cedar Lane Right-of-way Lots 3 and 4, Cedar Crest Addition 1 Project No. 90-9 The City is currently in the process of completing a cooperative construction project with MnDOT for construction of a frontage road and right turn lane on Trunk Highway 5 at Lone Cedar Lane. The project involved construction of a frontage road within the right- of-way of Lone Cedar Lane to provide a new driveway access to Lot 3 , Cedar Crest (the Mitlyngs) since construction of the right turn lane required closing the Mitlyng's previous driveway access from 1 Trunk Highway 5. Staff has worked with the Mitlyngs and Gauers during the design and construction of the new frontage road. Since the new frontage road will act as the driveways for both the Gauers ' and the Mitlyngs, the City has no use for a public street in this section of road right-of-way (Lone Cedar Lane) , although the City is interested in retaining a drainage and utility easement for maintaining the existing watermain system and new storm sewer facilities constructed with the recent frontage road improvements. As you may be aware, should the City vacate this right-of-way, the ' City is somewhat obligated to see that a driveway access is . maintained to serve the Mitlyngs (Lot 3 , Cedar Crest) . Therefore, I would recommend that the City require a cross-access or driveway easement be provided by the Gauers in favor of Lot 3 , Cedar Crest to guarantee rights for ingress and egress through the proposed vacated right-of-way. It is my understanding that a maintenance agreement between the two parties has been drafted to provide snow 1 plowing and general upkeep during the life of this road when the City vacates this section of Lone Cedar Lane. ' Since the cooperative construction project with MnDOT is not 100% completed, it is recommended that recording of the vacation be delayed until the project is completed and MnDOT's portion of the n «11 PRINTED ON RECYCLED PAPER 111 I Jo Ann Olsen II October 29, 1991 Page 2 II construction funds are received which is anticipated in early December, 1991. Recommended Conditions of Approval 1. A 20-foot wide drainage and utility easement should be I reserved over the existing watermain and the new storm sewer facilities within the right-of-way proposed for vacation. II 2 . A driveway or cross-access easement should be provided by the applicant in favor of Lot 3, Cedar Crest (Mitlyngs) for rights to ingress and egress through the proposed vacated right-of- II way. 3 . The City should delay recording the vacation document until II the City has received final payment from MnDOT for the cooperation construction project (No. 90-9, Trunk Highway 5 Frontage Road Improvements) . IIktm c: Charles Folch, City Engineer I II -, 1 II 1 II II II II October 7, 1991 Scott and Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 55318 ' Ms. Joanne Olson City of Chanhassen 690 Coulter Drive ' Chanhassen, MN 55317 Dear Ms. Olson: ' I am writing this letter to request that the City of Chanhassen vacate a portion of Cedar Crest Court in favor of my wife and myself. The area to be vacated is described in the attached legal description for road vacation. ' Vacation of this parcel of land in our favor would allow us the necessary land area to, at some point in the future, subdivide our lot into two build- able lots. ' A portion of the land will be used as a private drive serving our neighbors at Lot Three, as well as any future owners of the new subdivided lot. The remainder of the vacated area will be planted with grass, as well as with ' trees and shrubs to provide a partial noise and sight barrier between my property and Highway 5. ' Appropriate easements will be provided to the users of the private drive as well as to the City for access to the water main and sewers lying within this area. An agreement has been reached with the owners of Lot Three, Joseph and Marilyn Mitlyng, concerning maintenance of the road and the easements which will be provided to them. This agreement also indicates the Mitlyng's approval of the vacation in favor of the Gauers. I am attaching a copy of the agree- ment for your review. ' I am also attaching a list of all property owners and addresses within five hundred feet of the proposed vacation, and a completed application -form together with a $100 application fee. As you know, the City of Chanhassen approved this vacation in 1988 in favor of Ralph and Carol Kant (the previous owners of our lot) subject to the granting of an easement to the Mitlyngs. This requirement has now been met. It is my understanding that both the City and MN/DOT are in favor of the vacation, and in fact consider it an integral part of the current road construction project Itaking place on Cedar Crest Court. Sincerely, 1 Scott Gauer 1 I A G R E E M E N T 11 Joseph W. Mitlyng and Marilyn K. Mitlyng own the property at 3800 Arboretum Boulevard, legally described as Lot 3, Block 1, Cedar Crest. ' Scott P. Lauer and Laurie A. Gauer own the property at 3820 Lone Cedar Lane, legally described as Lot 4, Block 1, Cedar Crest. The Mitlyngs currently have access to their property by means of a driveway exiting directly onto Highway 5. Access to Highway 5 from their driveway is hazardous and increasingly so with additional people moving to Victoria and Waconia. The access is hazardous to both the Mitlyngs and other users • of Highway 5. In order to make the access to their home safer, the Mitlyngs wish to block the current entrance to their property and change their access to Lone Cedar Lane. The Minnesota Department of Transportation has also expressed an interest in blocking the Mitlyngs' driveway and has proposed a plan for building a twenty foot wide frontage road from Lone Cedar Lane to the Mitlyngs' property. Several versions of the plan have been developed. The verson least unacceptable to the Cauers that addresses the concerns of other residents and users of Lone Cedar is acceptable to the Mitlyngs. . The proposed frontage road will be constructed on the Highway 5 right—of—way as well as on City land platted as Cedar Crest Court. The Minnesota Depart- ment of Transportation has indicated a willingness to pay the majority of the costs of the road except for a portion of the storm drainage costs to be shared by the City, the Mitlyngs and the Gauers, as well as the total costs of a right turn lane off Highway 5 to Lone Cedar. The City proposes to assess the parties' properties approximately $6,058 for drainage costs related to the project. The parties agree to consent to such an assessment I in the proportion of 1/4th (approximately $1,514.50) to be paid by Gauers and 3/4ths (approximately $4,543.50) to be paid by Mitlyngs. The Gauers' property fronts on Cedar Crest Court. Construction of the pro— ' posed frontage road would be detrimental to the Gauers for the following reasons: The area in which the road is to be built is currently occupied by a large berm and a row of mature trees and hedges. These currently pro- vide a barrier between the Gauers' children's play area and Highway 5, and also provide a significant noise and sight barrier between the Gauers' home and Highway 5. Construction of the proposed road would eliminate these barriers and would serve to open up the Gauers' property to Highway 5. The Gauers will also lose the use of their circular driveway and will incur landscaping costs as a result of the construction of the proposed road. 1 II - 2 - The proposed road does not benefit the Gauers unless through the ensuing I City's vacation of Cedar Crest Court in favor of the Gauers, the Gauers are able to subdivide their current lot into two buildable lots. The City of Chanhassen has expressed a desire to vacate Cedar Crest Court in favor of the Gauers with the provision of a road easement to the Mitlyngs. There- fore in return for the Gauers' cooperation in allowing the new road to be built , the Mitlyngs agree to transfer and assign to the Gauers by Quit Claim Deed any and all rights in that portion of Cedar Crest Court to be vacated ' by the City of Chanhassen, except for the easements provided to the Mitlyngs as described in this agreement. Furthermore, the Mitlyngs will do nothing that may serve to prevent the City of Chanhassen from vacating any portion ' of Cedar Crest Court in favor of the Gauers, and the Mitlyngs will not do anything now or in the future which may inhibit the Gauers from subdividing their lot. ' The Gauers will grant a permanent easement to the Mitlyngs for use of the road for ingress and egress to the Mitlyngs' property as well as to provide temporary (no overnight) guest parking over that portion of Cedar Crest ' Court identified on Exhibit A (attached hereto and incorporated by reference) . The portions of Cedar Crest covered by the easements provided in this agree- ment will be legally defined in a definitive easement to be attached at a ' later date. The Gauers will also give the Mitlyngs a permanent easement on the easterly ten feet of Cedar Crest Court to plant trees as a visual highway barrier. This ten foot wide strip consists of the ten feet abutting the Mitlyngs' property and will extend for sixty feet from the Highway 5 ' right-of-way toward Lake Minnewashta. The Mitlyngs will keep the road in good repair and will bear the full cost ' of maintenance, repairs, snow plowing or any other costs relating to the road for so long as the road is for the Mitlyngs' sole use and benefit, except for incidental use by the Gauers. An area consisting of five feet along both sides of the road will be planted in grass and will be maintained ' in good condition by the Mitlyngs. The Mitlyngs will be provided with a permanent easement for use of the five foot wide strip along both sides of the road for snow removal and utilities. Any utilities in this area ' will be buried below ground. At some point in the future the Gauers may subdivide their lot. If and ' when a new dwelling is built on the new lot and inhabited, the owners of the new home shall be entitled to use of the road easement granted here- under and will be responsible for one-half of the cost relating to that portion of the road which serves both the Mitlyngs and the inhabitants of the new house. This portion will be determined in the following manner (see attached map) : ' Measurement will be made along the new road from the edge of the existing Lone Cedar Lane to the new driveway; this measure- ment equals "A." A second measurement will be made along the 1 I - 3 - entire length of the new road from the edge of the existing Lone Cedar Lane to the far end of the new road. This measure- ment equals "B." The portion of the road related costs for which the new homewoners will be responsible equals .5 times i. The Mitlyngs will continue to be responsible for all road related costs except for that portion described in the above paragraph. The road related costs are defined as any costs of repairs, maintenance or snow plowing in- curred after the house is inhabited. Decisions concerning management of the raod, such as maintenance and plowing will be made by mutual agreement of the parties concerned. Any irreconcil- able disputes will be settled by arbitration in accordance with the rules of the American Arbitration Association. The parties agree to seek consent to this agreement from their mortgage holders and other lien holders. This entire agreement shall be contingent upon the successful vacation and transfer of a portion of Cedar Crest Court by the City of Chanhassen to the Gauers (this portion is indicated on Exhibit B) . The easements to be granted by the Gauers shall be good and marketable. , A surveyed legal description of the road easement will be provided by the Mitlyngs if the City's engineering drawings and specifications do not include such a description. This legal-description will be subject to review and verification by the Gauers. The parties agree that the Mitlyngs' and the Gauers' interests in Cedar I Crest Court are fully satisfied, settled, and compensated by the elements of this agreement. This agreement will be put into recordable form and will be incorporated into all documents pertaining to the Mitlyngs' and the Gauers' properties ' and will bind the parties hereto, their heirs, successors and assigns and shall run with the land. S ibfk 1 p 7//� 7 - v2L.,42_,\ /stbseph W. Mitlyng f (Date) Scott P. Gauer Date) `�l�'� � � �/• �/ �%'�G�LfPC�'- cam �"�`< Marilyn . Mitlyng (D te) Laurie A. Gaue (Date) 1 '.r•.-rWe ".r IG erx.vr d. 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