3. Vacation of CHADDA 2nd Addition i
CITYOF
-----
, CHANHASSEN
1 , , 1 ,w,
It 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I ._ law (612) 937-1900 • FAX (612) 937-5739
IMEMORANDUM Action by C'." �-' -'• 4-
TO: Don Ashworth, City Manager i""c —--
I FROM: Gary Warren, City Engineer - --- F ```y •, �y�go - .
_
DATE: April 4, 1990 ` '
SUBJ: Vacation of Existing Sanitary Sewer Easements - r-:: ' "'''"1
CHADDA 2nd Addition WO!_______
File No. 88-2 Vacation
I As noted in the attached March 9 , 1988 staff report, the City
Council considered the vacation of sanitary sewer easements in
the CHADDA 2nd Addition. The background discussion and analysis
is contained in the attached report. The item was approved by
I the Council and the vacation authorized under Resolution No.
88-22 . Unfortunately, as noted in the attached correspondence
from the County Surveyor , the easement description for the
I vacation did not make sense and was inaccurate. As such, it was
necessary to reconvene the public hearing with the proper legal
description in order to vacate the sanitary sewer easement areas.
II The attached easement descriptions have been reviewed with the
County Surveyor and he is satisfied that the description is
accurate for the vacation request. Appropriate notices have been
I placed to meet the hearing requirements. After the close of the
public hearing, it is recommended that the City Council approve
the attached vacation request No. 88-2 as legally described in
IAttachment No. 6 .
ktm
I Attachments: 1. March 9, 1988 memo from Barb Dacy.
2. City Council minutes dated March 14, 1988.
3 . Map showing area to be vacated.
I 4 . Letter from County Surveyor dated March 14 , 1990.
5 . February 2, 1990 letter from BRW.
6 . Revised easement descriptions ( 2) .
I7 . October 19 , 1989 letter from County Surveyor.
c: Roger Knutson, City Attorney
I
. _
CITY OF
, CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
1 FROM: Barbara Dacy, City Planner
1 DATE: March 9 , 1988
SUBJ: Vacation of Existing Sanitary Sewer Easement - CHADDA 2nd
Addition and Pauly Property
1 s
BACKGROUND
The City Council approved the final plat for CHADDA 2nd Addition
on February 8 , 1988 . As the Council will recall, that plat
1 created the necessary drainage and utility easements from West
78th Street and Great Plains Boulevard for the construction of
new utilities installed as part of the downtown redevelopment
process . It was also a condition of final plat approval that an
1 existing sanitary sewer easement needed to be vacated. This
application is to follow through on that condition.
1 ANALYSIS
Attachment #1 reflects the description of the sanitary sewer
1 easement. Attachment #2 reflects the area that is being vacated.
Attachment #3 reflects the approved final plat containing the
required easements.
1 The existing main will be abandoned and there is no public pur-
pose for retaining the existing easement.
1 RECOMMENDATION
It is recommended that Vacation Request #88-2 be approved as
1 legally described in Attachment #1.
ATTACHMENTS
1 1 . Legal description of sanitary sewer easement.
2 . Map showing area to be vacated.
3 . Copy of final plat of CHADDA Addition.
4 . Letter from Gary Ehret dated December 23, 1987.
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City Council Meeting March 14, 1988 r c . 3
' +o .
Councilman Johnson: I support the Mayor's motion, to tell you the truth. I II
think it puts out to a very vital part of our community, our seniors, which II
there is a very large group of. I was surprised when I went to the Senior
Center the couple times I've been there and how many folks from Chanhassen were
there and they actually knew they lived in Chanhassen. It's a great little
II
center. I'm sorry to hear that you're going to have some housing problems
coming up in a couple years because that's really going to be a real problem
and I foresee a problem for a senior center for our seniors and we should put
I
money that way to help solve those problems our seniors are going to have in a
few years. I support the $15,000.00 at this time and I also think it's a good
idea to hold back and take a broader look at the hotel and all these other
projects that it can be used for. I think Tom's cane up with a good fair split
II
that will immediately start helping our seniors and hold back sane for
everything else.
Mayor Hamilton moved, Councilman Geving seconded to close the public hearing. II
All voted in favor and motion carried.
Resolution #88-21A: Mayor Hamilton moved, Councilman Geving seconded to I
allocate $15,000.00 of the Community Development Block Grant Funds for the Year
XIV to the South Shore Senior Center. The remaining $17,197.00 shall be
allocated at a future meeting after staff has researched additional
I
opportunities for these funds. All voted in favor except Councilman Boyt and
1 Councilman Horn who opposed and motion carried with a vote of 3 to 2.
II
PUBLIC HEARING: VACATION OF EXISTING SANITARY SEWER EASEMENT LOCATED ON LOTS 1
AND 2, CHADDA ADDITION, BUILDING BLOCK DAYCARE, HERB MASON AND ROGER PAULY.
II
Mayor Hamilton called the public hearing to order.
XCouncilman Geving moved, Councilman Horn seconded to close the public hearing. II All voted in favor and motion carried.
Resolution #88-22: Mayor Hamilton moved, Councilman Horn seconded to approve II
Vacation Request #88-2 of the existing sanitary sewer easement located on Lots
L 1 and 2, CHADDA Addition, Building Block Daycare, Herb Mason and Roger Pauly's II
property. All voted in favor and motion carried.
ACCEPT TETON LANE FEASIBILITY STUDY.
II
Mayor Hamilton: I think we've all had an opportunity to read all of the
information and comments that have gone on about this project. It's been to us
I
before so we're not unfamiliar with it. I know there are several of you here
this evening who may wish to make comments but we'll have a brief staff report
1 and then we'll entertain comments from the public. II
L Bill Engelhardt: I'm here tonight to present the feasibility study for Teton
Lane. Just to briefly update you. This is the Centex Project Phase 1 which is
under construction. Phase 2 to explain why the feasibility study was done was
II
II
R C'(),.
OFFICE OF ` �L l
CARVER COUNTY COURTHOUSE
1 COUNTY SURVEYOR 'rl �:r Q' 600 EAST FOURTH STREET
Phone 448-3435 Ext.227 lkN SQ CHASKA, MINNESOTA 55318
COUNTY OF CAQVEI
March 14, 1990
1
Mr. Gary G. Warren
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanahassen, MN 55317
Subject: Easements in CHADDA 2ND ADDITION
File No. 20000-020
Dear Mr. Warren:
I have reviewed the description for easement vacation across the parcels in
CHADDA 2ND ADDITION and find the descriptions to be adequate.
These descriptions can be used in the vacation resolution. Please call if
11 you have further questions.
Very truly yours,
I cAero-L--,(
Theodore D. Kemna
' Carver County Surveyor
TDK/cj
1
1
1 CITY OF CHANHA
SSEH
EnivEO
'
MAR 15 1990
ENGINEERING DEPT.
1 Affirmative Action/Equal Opportunity Employer
(T I/
r 'IV L'l't TRANSPORTATION
ENGINEERING
URBAN DESIGN
BRW. INC - THRESHER SQUARE 700 THIRD STREET SOUTH MINNEAPOLIS MINNESOTA 55415 PHONE 612 370-0700 FAX 612 370-1378
February 2, 1990 CITY OF CHANHASSEN
u.t,
Mr. Gary Warren FEB 16 1990 '
City of Chanhassen
690 Coulter Drve
Chanhassen, MNi55317 ENGINEERING DEPT.
RE: Chadda 2nd Addition Easement Vacation
Dear Gary,
Please find enclosed two legal descriptions for the old sanitary sewer easement
which runs between the Pauly property and gas station, and behind the Colonial ,
Center on the North Side Parking Lot Project site. The descriptions were pre-
pared, as requested, to enable a revised resolution to be filed for the vacation
of the easement.
The easement description is divided into two sections, the portion within the
Pauly parcel , and the portion within Chadda 2nd Addition. County records for
the Pauly parcel include a sewer easement described as being fifteen feet in
width, confined and restricted to an area 71/2 feet on each side of the sewer line
as it was installed. An actual metes and bounds legal description for the ease-
ment was not prepared at the time the easement was granted. Based on our
research, it does not appear that there is any record of a sanitary sewer ease-
ment in the area which is now Chadda 2nd Addition.
The enclosed descriptions for the vacation of the easement were prepared based '
upon field information, due to the lack of existing documentation. The easement
centerline described for each property details the exact location of the old
sewer main. '
We hope that the easement descriptions will adequately clarify all issues asso-
ciated with the resolution for their vacation. If you have any questions,
please do not hesitate to call .
Sincerely,
BRW,
40V ,/ 1
GAE/sk
Gary A. `hret, PE Enclosures
Project Manager File 7-8702
AN AFFILIATE OF THE BENNETT RINGROSE WOLSFELD.JARVIS GARDNER INC GROUP
D...ID J BENNET I DONALD W RINGROSE RICHARD P WOLSFELD PETER E JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A AI/ "DS,N DONALD E HUNT
MARK G SWENSON JOHN B M:NAMARA RICHARD D PILGRIM DALE N hECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C BLUM DAVID L GRAHAM
MINNEAPOLIS DENVER PHOENIX TUCSON ST PETERSBURG
II
#30, 7-8902.1
Chadda 2nd Addition
' EASEMENT VACATION DESCRIPTION
FOR
THE CITY OF CHANHASSEN
All those parts of Outlot A and Lot 1, Block 1, CHADDA 2ND ADDITION,
according to the recorded plat thereof, Carver County, Minnesota, which lie
within a strip of land 15.00 feet wide, the centerline of said strip being
described as follows:
Commencing at the southeast corner of the Southeast Quarter of the
' Southwest Quarter of Section 12, Township 116, Range 23, Carver County,
' Minnesota; thence on an assumed bearing of WEST along the southerly
line of said Southeast Quarter of the Southwest Quarter for 298.00
' feet; thence on a bearing of NORTH for 132.00 feet to a point on the
southerly line of said Outlot A, said point also being the actual point
' of beginning of the centerline to be described; thence continuing on a
' bearing of NORTH for 97.00 feet; thence North 87 degrees 30 minutes 00
seconds East for 282.89 feet to the easterly line of said Lot 1 and
' said centerline there terminating.
b�SC h o 1-,
I
•
IF
#30, 7-8902
Pauly Parcel ,
EASEMENT VACATION DESCRIPTION '
FOR
THE CITY OF CHANHASSEN
All that part of the following described property:
That part of the Southeast Quarter of the Southwest Quarter of Section '
12, Township 116, Range 23, described as follows: Commencing at the
South Quarter post of said Section 12; thence running 'Jest on the South
line of said Section, 20 rods; thence North 2 rods, being the point of
beginning; thence East parallel with said South line 60 feet; thence
North at right angles to last mentioned line 6 rods; thence West 60 ,
feet; thence South 6 rods to the place of beginning, according to the
Government survey thereof. 1
which lies within a strip of land 15.00 feet wide the centerline of said
strip being described as follows:
Commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter; thence on an assumed bearing of WEST along the '
southerly line of said Southeast Quarter of the Southwest Quarter for
298.00 feet to the actual point of beginning of the centerline to be
described; thence on a bearing of NORTH for 132.00 feet to the 1
northerly line of the above-described property and said centerline
there terminating. '
I
1 S D t mC. J1'D 11
1
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I ,_
OFFICE OF �` I/
I COUNTY SURVEYOR
CARVER COUNTY COURTHOUSE
'Ills... `F' 600 EAST FOURTH STREET
Phone 448-3435 Ext.227 /V AT E Sp CHASKA, MINNESOTA 55318
1
COUNTY OF CAINEQ
CITY OF CHANHASSEN
1 October 19, 1989 NNW
OCT 231989
II Mr. Gary Warren
City of Chanhassen ENGINEERING DEPT.
690 Coulter Drive
1 Chanhassen, MN 55317
Subject: Easements in CHADDA 2ND ADDITION
1 Dear Gary: t
II I have received a recorded copy of Document No. 109015 which was filed on
October 10, 1989. This document is a certified copy of Resolution No. 88-22
which purports to vacate a sanitary sewer easement in CHADDA 2ND ADDITION and
adjoining property (copy enclosed).
1 There are several problems with this resolution. 1) The resolution refers
to a sanitary sewer easement, but the easement is not defined. 2) -The document
1 states that the easement is located in CHADDA 2ND ADDITION which could possibly
be some easement that was recently created in the plat, but again it is not
defined. 3) The resolution states that the easement located in CHADDA 2ND
ADDITION is more particularly described in Exhibit A. The description in
1 Exhibit A describes a parcel of land which is westerly of CHADDA 2ND ADDITION.
As a result of the above questions, I do not believe that Resolution No.
1 88-22 has any effect, and consequently, you should file a new resolution. Before
this resolution is filed, it will need to be approved by me.
II will be happy to assist you in getting the new resolution re-drafted and
the description in proper form.
It will be the practice of Carver County to have all resolutions reviewed by
1 the County Surveyor before they can be filed. I would suggest that you provide
the County with a preliminary copy of the resolution before it is submitted to
the City Council for approval .
1 Very truly yours,
d40202.t 19--)Z04,14,et
1 Theodore D. Kemna
1 TDK/cj
encl .
cc: Mr. Carl W. Hanson
1 Mr. Gary Ehret
Mr. Rich Thomasgard Affirmative Action/Equal Opportunity Employer
10.......'"' A ( (III; IF
I-)A_,/L)
11
4/0. 7 .
II
II
CERTIFICATION
STATE OF MINNESOTA )
•
ss - s Il
COUNTY OF CARVER )
I , Karen J. Engelhardt, duly appointed, I
qualified and acting
Deputy Clerk for the City of Chanhassen, Minnesota, do hereby
I
certify that I have compared the foregoing copy of
a Resolution vacating a sanitary sewer easement in CHADDA Second 1
Addition and adjoining property.
. 1
with the original copy, now on file in my office, and have found 1
the same to be a true and correct copy thereof and as approved by the
City Council.
I
Witness my hand and official _seal at Chanhassen,_ Minnesota,
this 31st day of March , 19RR 1
•
I
i
• 0.i,e� . / /
Ka -n J. jel pd ,t Deputy Clerk
1
M'
r '-''' 1
I
/ , J. - ;
II
- z. fl
'j CITY OF CHANHASSEN ri
,- CARVER AND HENNEPIN COUNTIES, MINNESOTA
) RESOLUTION
7
IDATE _ March 14, 1988 RESOLUTION NO. 88-22
•MOTION BY Hamilton SECONDED BY Horn
IVACATION OF A SANITARY SEWER EASEMENT
CHADDA SECOND ADDITION AND ADJOINING PROPERTY
II WHEREAS, the City of Chanhassen has initiated a petition
for vacation of a sanitary sewer easement located in CHADDA 2nd
Addition and more particularly described in Exhibit A;. and
IWHEREAS, a public hearing was held on said petition on
March 14, 1988; and
' WHEREAS, said public hearing was preceded by two weeks '
published and posted notice as required by Section 412. 851 of
Minnesota Statutes; and
II i
WHEREAS, there is no public interest to be served by the
continued public ownership of that portion of the above described
Iright-of-way.
NOW, THEREFORE, BE IT RESOLVED, that .any and all of that
the above described easement is hereby vacated.
Passed and adopted by the City Council of the City of
Chanhassen this 14th day of March, 1988.
1 ATTEST: •
II
/17(2 , C /Ce /c' . -17gA, /
74Z1(.------
City Clerk/Matrager Mayor
Yes No -. Absent
1 - __ Hamilton _ None
- Geving ____
I Horn
Boyt_
Johnson
I
I
Fz..:,: . . .a. c s _2._r:.-, -:!.)
I
' � IL t ,
EXHIBIT A I
That part of the Southeast Quarter of the Southwest Quarter
of Section 12, Township 116, Range 23, described as follows: I
Commencing at the South Quarter post of said Section 12; thence
running West on the South line of said Section, 20 rods; thence
North 2 rods, being the point of beginning; thence East parallel
II
with said South line 60 feet, thence North at right angles to
- last mentioned line 6 rods; thence West 60 feet; thence South 6
rods to the place of beginning, according to the Government sur-
vey thereof.
II
II. .
--
.._. . I
_ .
OFFICE OF COUNTY RECORDER I
STATE OF MINNESOTA
COUNTY OF CARVER
Filing FeeX/0
This s to certify that thisthocdeat i
wa .din toll office og eea�� y
of i` 19A.D.at 7 o'clock -
M. and was duly recorded as I
.ocument no.
1.09015 •
CA - - W.HANSONJR.
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