1d. Final Plat, Buresh Addition I • 4
I .:,'-.
CITY OF
1 •- • ,
0 HANHASSEN
`\ J d* 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
Ii (612) 937-1900
1 MEMORANDUM
TO: Don Ashworth, City Manager (t26 �� yy -'
IFROM: Jo Ann Olsen, Assistant City Planner �
IDATE: April 19 , 1989 Z4- _?�,. _
SUBJ: Final Plat Approval, Buresh Addition
1 The preliminary plat for the Buresh Addition subdivision was
approved by the City Council on June 15 , 1988 with the following
Iconditions :
1. The applicant shall provide documentation which verifies that
the subject property has the right to use the 30 ft.
Ieasement.
2 . The applicant shall provide a driveway access plan which
I shall address a turnaround as requested by the Fire
Inspector.
I 3 . The approved septic sites must be staked and roped off prior
to construction of the site.
4 . Type I erosion control shall be installed along the south and
I east sides of Lot 2 , Block 1 prior to the commencement of any
grading.
IS . Wood fiber blankets or equivalent shall be used to stabilize
all disturbed slopes greater than 3 : 1.
I 6 . The developer shall be responsible for daily on and off-site
cleanup caused by construction or construction traffic from
the site.
I 7 . If and when the City Council exercises it' s discretion to
make this into a public street, the applicant will fully
cooperate and agree to their half of the assessments.
I
I
I
Mr. Don Ashworth
April 19, 1989
Page 2
The submitted final plat is consistent with the approved prelimi- '
nary plat except that the northerly lot line of Lot 2 , Block 1
has been shifted approximately 50 feet to the south (Attachment
#2) . The proposed shift in the lot line does not impact any of
the approved septic sites for either lot and each lot still
exceeds the minimum lot area of . 5 acres . The applicant has sub-
mitted documentation which the City Attorney has reviewed to con-
firm
they have access to the property through the 30 ft. easement
( Attachment #3 ) . The applicant has been in contact with the Fire
Inspector to provide the driveway access plan with a turnaround
as requested by the Fire Inspector. '
Recommendation
Staff recommends that the City Council adopt the following
motion:
"The City Council recommends final plat approval of '
Subdivision No. 86-32 with the following conditions :
1 . The development contract shall contain the access provision
as stated in the letter from Roger Knutson dated June 16 ,
1988.
2 . The applicant shall provide a driveway access plan which ,
shall address a turnaround as requested by the Fire
Inspector.
3 . The approved septic sites must be staked and roped off prior
to construction of the site.
4 . Type I erosion control shall be installed along the south and
east sides of Lot 2 , Block 1 prior to the commencement of any
grading.
5. Wood fiber blankets or equivalent shall be used to stabilize
all disturbed slopes greater than 3 : 1.
6 . The developer shall be responsible for daily on and off-site
cleanup caused by construction or construction traffic from
the site. '
7 . If and when the City Council exercises it' s discretion to
make this into a public street, the applicant will fully
cooperate and agree to their half of the assessments.
Attachments
1. City Council minutes dated June 15 , 1988.
2 . Preliminary Plat with proposed Final Plat lot line shift.
3 . Letter from Roger Knutson dated June 16, 1988.
67.041
r
City Council Meeting - Jul( 13, 1988
3
Barbara Dacy: Right.
Tony Noterman: Well, one other final thing gentlemen. We pay approximately
$5,000.00 to $6,000.00 on a year on a piece of property that has no other use.
He's 67 years old. This is his sole income and we would appreciate giving some
fair consideration to this matter. Thank you.
Councilman Johnson: My only comment is this is an expansion of a non-conforming
' use and I don't see any reason to expand a non-conforming use.
Councilman Geving: No comment except to say that had this not existed prior to
' 1972, it probably wouldn't be allowed in our city at all.
Councilman Boyt: I guess I'll expand the scope a little bit. We're talking
about a change in our ordinance which doesn't just apply to this one operation.
I don't think that a recreational vehicle sites are something we want to endorse
so I would be opposed to changing the ordinance.
It
Mayor Hamilton: I have no additional comments.
Councilman Geving moved, Councilman Boyt seconded to deny the Zoning Ordinance
' Amendment to Amend Section 20-773 to allow recreational camping -facilities as a
conditional use. All voted in favor and the motion carried.
' SHORELAND SETBACK VARIANCE REQUEST, LOT 1, BLOCK 4, RED CEDAR POINT, KK DESIGN.
Councilman Geving: We granted the Variance and it was a rather unique
situation. They've done a nice job on Red Cedar Point. Actually the building
is not going to expand anymore than what is there now. There is a patio there
and the variance was granted unanimously. The two conditions requested by the
staff were passed.
' WETLAND SETBACK VARIANCE REQUEST FOR A STABLE, DALE COLLINS, 3931 ASTER TRAIL.
Councilman Geving: This again was passed unanimously by the Board with the
' condition, several conditions actually. One is that we wanted to make sure that
there was an effective way of making sure that the manure was removed from time
to time and Dale Collins indicated that the had an agreement with Mr. Brose that
that would be done. Also, we determined based upon the site review and in
' looking at the site that really the best location for the stable was exactly
where it was placed on the exhibit which we entitled Exhibit 1 shown on the
third page of your handout and also we relied heavily upon Mr. Dave Headla and
' his input as the stable permitting process so we did approve this unanimously
and it's been passed. It's a new stable and it's not for retail or commercial
purposes.
SUBDIVISION OF 5.5 ACRES INTO 2 SINGLE FAMILY RESIDENTIAL S
TH 101, 1/4 MILE SOUTH OF CR 14 AND ADJACENT TO HALLA NURSERY, ROBERT LOCATED
ROBERTJ. BURESH.
[::
' 34
City Council Meeting - ane 13, 1988 t
Jo Ann Olsen: This subdivision was first applied for with the January 15th
deadline so it does come under the 2 1/2 acre requirement. The main issue with
this is the easement which serves the property, the David Halla property and
Paul Graffunder's. The issue is whether or not to improve this to a public
street or maintain it as a private easement.
Mayor Hamilton: That was to be resolved by the property owners. Has it been,
do you know?
Jo Ann Olsen: What we are having done is having them determine, the applicant's ,
Attorney write us a letter.
Roger Knutson: We asked for an opinion that both property owners in the new
plat approved would have the right to use that property. It would be on record
and then would have appropriate disclaimers for the development agreement.
Mayor Hamilton: Do we have that yet? We don't have that yet? '
tJo Ann Olsen: No, we do not have that yet. That could still be a condition of
approval. Other than that, the lots they have acceptable septic sites. They
meet the minimum acreage required so it meets all the conditions of the
ordinance. We are recommending the City Council to choose whether to be
improved to a public street or maintained as a private easement and then we have
specific conditions under each choice.
Mayor Hamilton: Do you have anything you would like to add to that Mr. Buresh? '
Robert Buresh: Other than I was just reviewing this...I noticed that staff's
recommendation talked improving it to a public street or a private road and if
it be a public street the Halla's would have to do a new subdivision and they
did go on record, at least Don Halla went on record on May 18th at the Planning
Commission meeting and Don Halla states that he's not going to replat. I just
wanted to point-that out. They have no intention to replatting to help it
become a public street. Other than that I'm available for questions. I would
like to move this thing along. I asked by Attorney to work with the City
Attorney in anything that is necessary to resolve the issues. ..when I first
became involved in this property that I have the right to the easement and these
questions keep coming up and my Attorney keeps assuring me that everything's
okay and he is now putting this in writing. So I'm just available for
questions. '
Councilman Johnson: How long ago was it that, it was May when it went before
the Planning Commission and the Planning Commission gave condition 1 that you
verify that you have the right to use the easement. How far along are you on
this a month later now? Verifying whether you have the right to use this
easement?
Robert Buresh: My Attorney has submitted a letter to the City Attorney
verifying this.
Councilman Johnson: Okay, so this is verified now?
Roger Knutson: I know there's a letter from his Attorney on my desk. I have
not read it. I've been in meetings since 8:00 this morning. It arrived this
35
II 4
qty Cduncil Meeting - Jury 3, 1988
Imorning.
IIRobert Buresh: I have a copy of the letter with me.
Ma or Hamilton: That
y can be a condition of approval. That's not a problem.
I Roger Knutson: I think that'd be fine. Just make it a condition of approval.
That doesn't have to be taken care of until final plat.
I Councilman Johnson: I'm glad that you've got it. I'm in kind of ornery mood
this evening you've probably noticed, to say the least and I'm glad you've come
through here. A lof of the people tend to'wait to the last minute to do these
I things so we've got this. I don't think we're ever going to get that public
street straighten out because this is as much of an argument here as what we had
earlier this evening between two folks and I don't think we'd ever get to that
compromise. I'm in favor of going ahead with what the Planning Commission has
Irecommended here.
Coupcilman Geving: I want to ask Roger one question. Roger, on this sketch
II shows this easement line in here. That would be the only access that we would
have to a public street onto TH 101?
Roger Knutson: Correct.
ICouncilman Geving: And it's my understanding we can not landlock Buresh'
s.
the Buresh s.
They can not be landlocked. They have to have some access out. Isn't that
Icorrect?
Roger Knutson: That's the last thing in the world you want to do is landlock
Isomeone, that's correct.
Councilman Geving: So they certainly have some rights to the use of that
Ieasement to get to TH 101, is that correct?
Roger Knutson: That's one of the things that's being resolved. It appears that
they do. I just wanted some further guarantees. I think that can be worked
I out.
Councilman Geving: That's the only question I have. It seems like it's a
II straight forward deal to me. They have to have access and the only feasible
access since we're not going to be able to deal with the Halla's, at least I
don't think we're going to be able to. I can't see why the Halla's would agree
to replatting just for this purpose. They have no need to. We can't force them
I to do it. I would say that the private driveway is probably the only way we can
go. That's the end of my comments.
ICouncilman Horn: I think that we don't have a choice unless we ask the
developer to wait until the next yearly review of the development. As I recall
mentioning the last time the review came up with the Halla's proposal that I was
concerned by the fact that everybody had submitted these proposals because of
Ithe commitment that we had to make to get the Lake Ann Interceptor of 1 in 10 so
everybody jumped in to get their 2 1/2 acre plots in with no intention of ever 6
developing them. However, we do review those once a year and have to extend
IIthem. It appears to me that that would be the appropriate time to ask for a
II 36
) T
City Council Meeting •
g - � ..�e13, 1988 ;
replot and a
I
I-
p public street. Unfortunately the timing is not right with what the
developer is requesting. What I would like to see happen, Roger can confirm
whether we can do this or not, would be to give a temporary easement to let them II
start developing his property. At the time that their review comes through for
the Halla property, we ask them to replot, make this a public street before the
time runs out on this proposal. Is that appropriate? I
Roger Knutson: I'm not sure I understand. They already claim they have an
easement there so there's no temporary easement we'd be giving them.
Councilman Horn: The
I
question as I understand this is to whether we allow an
'easement, private street or whether we ask for a public street. We have no way
of asking for a public street because it would require a replot so at this time
II
that's not even an option for us. Unless we would force this gentleman to work
out an agreement with the Halla's to provide a public street.
Roger Knutson: I don't know if this is feasible but the City Council could II
;order that that easement be condemned and make it into a street right now. You
�4Iave that authority. I'm not suggesting that you want to do that but you can do
that if you want. II
Councilman Horn: I don't think we want to do that.
Councilman Geving: There are two homeowners. That's pretty tough. II
;Roger Knutson: I didn' t think you wanted to do that.
Councilman Horn: No, we don't want to do that but I think when I
- the timeframe
comes up again for the development that has not occurred, it would be
appropriate at that time to ask for the replat?
II
Roger Knutson: We could put something in the development contract that says, if
and when the City Council exercises it's discretion to make this into a public
I
street, take it over or whatever, they will fully cooperate and they will agree
to their half of the assessments and stuff like that. We could certainly put
that into the development contract.
Jo Ann Olsen: I just wanted to make a quick comment that the Halla's already II
have preliminary plat approval. It's just final plat that they'll be coming
through and I don't think we can force them to replat at that time. I
Don Ashworth: Unless they wanted an extension.
Councilman Horn: Do you think they're going to develop it? I
Councilman Geving: I think they got the message loud and clear the last time we
met. They had one year. I think they're going to do it.
II
Councilman Boyt: Gary, I have a question for you. When this is a private
drive, what's the quality of the road surface that they have to put in?
II
Gary Warren: A gravel surface basically.
Councilman Boyt: How long is this private drive?
II
37
I
Ina
G il8
:City Council Meeting - J% 13, 1988 :r
Robert Buresh: In front of my property alone it goes 300 feet on the north side
and another 300 feet on the east side.
Councilman Boyt: 1,600 feet?
' Robert Buresh: The Teich's and Graffunder's have at least another 600 feet in
total there and mine is well over 1,000 feet.
' Gary Warren: It looks like about 1,400 to 1,500 feet.
Councilman Boyt: I think that's a real dilemma that we're going to put two
houses on the end of a 1,400 foot private drive and we need the best possible
road surface from a public safety standpoint. I don't know how we go about
getting that but I would certainly think that we want something better than a
' gravel surface. Recognizing the tremendous cost problem, I don't know how to
overcome that. The other issue is maybe we want a 60 foot easement instead of a
30 foot easement. 50 foot easement instead of a 30 foot easement. What's
typical? 50 feet?
' Gary Warren: 60 feet in the rural.
' Councilman Boyt: It would seem to me that if we're thinking about long term
development. We have, in my opinion, a driver's nightmare down in this part of
town that we've created with long cul-de-sacs. We apparently have no way out of
it given our commitment in that area. I would ask that we consider two, I'm
' sure we're going to make this a private drive so when we do that, we consider a
60 foot easement and we consider a better surface than a gravel road from a
public safety standpoint.
' Councilman Geving: Where you going to get the 60 feet? You've got to buy that
land from somebody. You can't make a decision to say we're going to make it 60
' instead of 30. You have to buy that easement from someone and it's probably Mr.
Balla and he's not going to give to you reasonably. You can't just make that
decision.
' Mayor Hamilton: The problem is it's a private driveway basically and I don't
know that we can require anybody to make that wider than what they want to make
it nor can we require them to put any kind of surface on there other than what
' they want to put on there. If you're going to buy a house in Mr. Buresh's
subdivision, that's what you're buying. You're buying a gravel road, whatever
happens to be there in that easement and I think you clearly understand that
when people purchase that. That it's not the greatest road and if they happen
to have an emergency and the emergency vehicles have a difficult time getting
through, they know that ahead of time.
' Councilman Boyt: It's buyer's beware is what you're telling me?
Mayor Hamilton: Absolutely.
' Councilman Boyt: What about all the concerns we heard here about upkeep on the
road? Now you indicated you're willing to contribute to the upkeep of the road
[:7
but it's a bigger issue than two people.
38
X99 IICity Council Meeting - t .e 13, 1988
Ir-
Mayor Hamilton: It's not our problem. It's a private drive.
Councilman Boyt: This is going to be the problem of the people who move into ,
that development and are they going to be wary enough to know that before they
build a house?
Mayor Hamilton: I would certainly think so if they're building a house in there
and if they don't, than they shouldn't be considering looking at property like
that.
Councilman Boyt: Isn't there some sort of consideration we can put on, actually
on this development that makes that obvious? That indicates you are at the end
pf a private drive? That you're responsible for maintaining? '
Gary Warren: Covenants.
Councilman Boyt: Can the City put those on? '
��oger Knutson: You can
put it in the development agreement.
Mayor Hamilton: The Abstracts is going to indicate that anyways. You're going
to have an easement agreement in the Abstract on the property.
Roger Knutson: Anyone who is checking the title always checks access. It's one
of the first things you have on property when you get to it.
s '
Councilman Horn: I don't think there's any in herent safety issue in a gravel
road.
Councilman Boyt: We don't need to debate it I guess. I'd like to see something '
in the development contract that calls attention to those issues. That's all I
have.
Mayor Hamilton: uI haven't any other comments.
Councilman Johnson: Just to follow up on one thing. Mr. Halla still claims
that they don't have the right to use his 30 foot easement anyway.
Mayor Hamilton: That has to be resolved. Is there a motion to handle this
item? '
Councilman Boyt: I move approval.
Mayor Hamilton: With the conditions? '
Councilman Boyt: Right, as stated by staff.
Councilman Horn: And the development contract saying that they will allow...
Gary Warren: What was that last thing?
Councilman Boyt: And a development contract that will allow us an easement at a
future date should it be required.
39
39R Council Meeting - Jut< 13, 1988
Councilman Johnson: You're doing it per Planning Commission recommendations?
Mayor Hamilton: Six conditions. I'll second your motion.
' Barbara Dacy: Just point of clarification on the future easement. You realize [-
that the easement area that I think the Council is talking about between TH 101
' and the Buresh property is not part of the plat. Are you getting back to the
Halla extension idea? Is that what you're talking about? That the applicant
should be aware that if the Halla plat, his extension expires and replats, the
City would be looking at a public road in that area.
Councilman Boyt: So this current developer isn't repsonsible for that?
Gary Warren: So that would be in the development contract?
Councilman Geving: Not in this one. It's a note for the file.
Councilman Horn: And it goes to the future property owners here so they're
aware that they could be assessed at some point for a street.
k
' Gary Warren: The point that I was jotting down on the development contract was
to put something in regarding notification that it is a private drive and
maintenance is the responsibility of whoever...
Councilman Geving: That would be good.
Councilman Horn: This is really on the flip side of that saying today it's a
' private drive but at some point be aware that it may become a public street.
Mayor Hamilton: If some conditions are met someday.
' Councilman Boyt moved, Mayor Hamilton seconded to approve Subdivision Request
#86-32 for the preliminary plat for the subdivision of 5.6 acres into two single
family lots to be serviced by a private driveway with the following conditions:
' 1. The applicant shall provide documentation which verifies that the subject
property has the right to use the 30 foot easement.
2. The applicant shall provide a driveway access plan which shall address a
turnaround as requested by the Fire Inspector.
' 3. The approved septic sites must be staked and roped off prior to construction
on the site.
' 4. Type I erosion control shall be installed along the south and east sides of
Lot 2, Block 1 prior to the commencement of any grading.
' 5. Wood-fiber blankets or equivalent shall be used to stabilize all disturbed
slopes greater than 3:1.
6. The developer shall be responsible for daily on and off-site cleanup caused
by construction or construction traffic from this site.
7. If and when the City Council exercises it's discretion to make this into a
' public street, the applicant will fully cooperate and will agree to their
' 40
" "City Council Meeting - :\ ie 13, 1988 - I.
half of the assessments. II
All voted in favor and the motion carried. I
SIGN PERMIT VARIANCE REQUEST TO SECTION 20-1260 TO CONSTRUCT AN 80 SQUARE FOOT
PYLON SIGN, 615 FLYING CLOUD DRIVE, SUPERAMERICA STATION, ROMAN MUELLER.
II
Councilman Boyt: I thought that the idea of allowing a non-conformance,
grandfathering in, was that when it was changed, it would be changed to comply
II
with the ordinance. The ordinance says 64 square feet and suddenly we're saying
'well, but that's okay and any changes we certainly want to protect the person at
;78 square feet. We don't want to change the ordinance or we want to get the II'signs in agreement with the ordinance. Can somebody help me out with that?
Mayor Hamilton: Maybe Y y you can help me out with that. I'm not sure I II'understand.
'Councilman Boyt: Ma I confused
Yt= be Y you on the item. My understanding is this
sign was grandfathered in. It was a non-conformance. Right?
II
Jo Ann Olsen: No, it was approved by a sign committee? The 78 square foot
'sign? That was approved by the City. I
'Councilman Boyt: When it was installed but when we wrote up the sign ordinance,
7 ,wasn't the maximum then 64? Yes, says Barbara. Alright, so this was a non-
'conformance that was grandfathered in and now it's coming up for a change and at
II
I that point I would think that we would want to move it in conformance with the
ordinance. Either that or the ordinance is wrong.
Mayor Hamilton: That's why he's asking for a variance because he can't get in II
conformance.
Councilman Horn: Why didn't he ask that the ordinance be changed? I
Mayor Hamilton: I think when you get to signs, if we did that we'd changing the
ordinance every other week to conform. Try to get everybody's sign in
I
conformance. I think if you read the Minutes of the Planning Commission
meeting, there's a standard size sign for that particular business and that's
all he's trying to do is put up the smallest one that they make. Consequently
II
he needs to ask for a variance because he can't meet our specific requirement.
Councilman Boyt: They did mention that they do make those signs where they
can't have them 80 feet or 120 feet, they do make a smaller version of that
II
sign. They have to special make it but it's available to them. To me it sounds
like the ordinance needs to be looked at. If this person is saying it's not
appropriate for his business, than maybe it's not appropriate for the other
II
businesses.
Mayor Hamilton: You're probably right. Especially based on the comments made
I
by the applicant that the size of their signs in taken from an average of
communities around the area or wherever they deal with and that's how the make
their standard size sign. Isn't that what the comment was that you made?
II
41 I
les
IV G.LO
•• ,1
DEC 1 - 1g86
: i-,:i.,• -, ..: ) .
/325 9 l
HA8SEN PLANNING DEPT. 7z -
—C,,,,,,T c, -X.-70,M Ar0• 7.4 — —-•
I ra,r-r-7 'A 5 ■ : - . v■ \,\.0
(k \
'C \13
CC:;.?:;: , •i . • ' ' --
• I .eV' (4 V"
':
C
• i Cl ::;,-:' - '
• \, ,f.
7 l'
\ND DEVELOPER: .z,---.--.' -7E A 5- E M E N _T----1- - ..r _
; • , _ . ? .; .
_.; - / ..,,,92.1 ,- ---1Q - r : .-___ __- I
IRI BURESH / 7 ---,---- -- --'-g 0 0..00-4 ------ T-- -1
\ - 1°44*/Z-77. etu a I ;POI f'■f ,— 4‘ .5.139°08 00"E.J "307
Flansen Road x 22-0- '. ' 1 -
I, Minnesota 55436 \ 'orB ' '
/ eynzhn3 , 0 si,,, ------ 9
.e
i 10....>5„..,/„.„ i,..... 7„.....„
''''`---,..- ■-:.
-2/' ' _,..._ -42:-.1 - - I .Z 0 7.- .i // •
,-,-.-,-.(i---.-.,
,\,<\ as !
I \. .-'...3 \\ 2.7,9 c N ,
• k\ \ '
* „.\ \ \\ ‘ k c \ I
I, .1
0, FIELD & NOVI/AK, INC. \ \
Wayzata i
ayzata Boulevard ,, 0 1
/
• "
r i
eapolis, Minnesota 55426 fZOroP:)2) 41-- 1.
cv /tr. ,A1 I r.•6 .., n
:til CO
1 \4,4:1
I LA K4P.:.
11di.j -
1 ■
/
'
------._...,' /of
,•' IA \ • A
10 te,48.7-E-5 /7/20,00 E0 ' al,- n/e. 5 ,,e- Af2fechver....v ,(....._.................„..-^-- ' 35....„,______' 1: „_. 1:,.
- ,....
.1. , • ,
LOT- t-it-E, . ei , ‘ .1-■,'3 / ! :: \
/ - I •\s 1.U,i '1\.., •,
,72c I . ...e W 0-7-A-- 77-ze,-.7-...-.,A-..,7-- A74:.a.,4/7-,
ill 175e.,,.„1, . 19Li-,-
, . _
...„-,
..,. _
---4-41 ‘ _
! \
...__
---1_
,
„ ,,-...-- Z A-4-e• 1--",*-s-7-E 7724..-.4.-7--,.-rir.,,-- ,4-..-7,-,,,,-,-,2,..,- ( - -- 4- ' ' ;
/ ,.._________ -,..: - , kr)••
Z__ - -89,...--- •
:,.,.. - ---- seer—— _
_.----2 13-4--S,r;:e-5- — -- 8743-
I, _ -,. , - -- - --968-- ---,
I ., --- -ii o° -- --- ----- - —650------•• - •”!
oi"‘ \ -
- •-... , I
1..a--1
1
2 H.25 I
1 i
'1 CS;9./Do
I 30
TION: , .
91,_..e.c... i
of the Southwest Quarter of Section 25, Township 116, range 23, Carver County, Minnesota
mencing at a point in the north line of said Southwest Quarter, distant 2605. 14 feet east of
ithwest Quarter; thence South 89 degrees 30 minutes 39 soconds West (assumed bearing ) alone
he center line of State Highway No. 101; thence South 3 degrees 25 minutes West, 198. 77 fee
,_. along a tangential curve to the right, having a radius of 546. 83 feet ; thence South 45 degrees
0
ence South 23 degrees 51 minutes East, 158. 43 feet; thence South 89 degrees 08 minutes East,
is 52 minutes West, 30 feet to the actual point of beginning of the tract of land to he describi
utes East, 300 feet; thence South 0 degrees 52 minutes VJosIt, . 85 f, e
56. .90t t
feoeta:ntihnetnecreseNcotirotnh ‘5v8itchie
est, 100. 65 feet; thence North 85 degrees 08 minutes West, 2 42
ri inutes West from the actual point of beginning ; thence North 0 thArees 52 minutes East, 791
inning.
• mit', -,... ... „..--- -. c- - • - - .
..1
l may .
•
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER:
DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612) 45S-7359
VANCE B. GRANNIS 403 NORWEST BANK BUILDING r
VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE
PATRICK A. FARRELL L'--�� c•-pr L._;,
DAVID L. GRANNIS,III SOUTH ST. PAUL, MINNESOTA 550,
ROGER N. KNUTSON CC, 0t I lU-1 --14. ' '
TELEPHONE(612)455-1661 11 I T
T %rz. .ri.tL.lZr
glft � 1 c�fSbVG
June 16, 1988
�U lit. 1S.
1b) Win. t -tr tAit�.t&ti
Ms. Jo Ann Olsen 174 NE,,PsAL111,
Assistant City Planner 1R-WW- Lhr, 1�
Chanhassen City Hall �Cd'F
690 Coulter Drive, Box 147 1� 1,(0( 6.64.1
Chanhassen, Minnesota 55317 e Tug nv1.c9MFr(
Gdt-TICALT W►iL, LCD Fi'JW
RE: Buresh Plat
�.or'w�-�-�f.49 LA-tbA-VC�E.-
Dear Jo Ann:
Enclosed is a copy of the letter I received from Buresh' s 1
attorney. Based upon the letter and our examination of the
easement document, I think there is sufficient evidence of access
to the property to approve the plat. I
The Development Agreement should contain the following
provision:
Access. The Developer has made his own investigation
concerning access to the lots in the plat and has satisfied
himself that there is adequate access. The Developer has not
relied upon any representations from the City, its employees,
agents, elected officials, or attorney in determining that there
is access. The Developer agrees to hold harmless and indemnify
the City, its employees, agents, elected officials, and attorney
from any loss, claims, damages, judgment, expenses, or attorney ' s
fees which they may incur as a result of lack of access to the
lots in the plat. The City shall have no obligation to provide
public access to the lots in t. - • .t if there is no access or
inadequate access.
V-ry truly ours,
GRANNIS, FARRELL
Bo: IW
:.ger . . son
RNK: srn
Enclosure
cc: Gary Warren 1
7 JJ8 1
,ITY OF CiiANKASS_A
I .. . . .
OLSEN, SNELLING & CHRISTENSEN, P.A.
STANLEY(' OLSEN,.IR• ATTORNEYS AT LAW OF COUNSEL
RONALD I,.SNELLING SUITE 307 WALTER C.GUSTAFSON
JOSEPH J CHRISTENSEN 5200 WILLSON ROAD
THOMAS A.RRIAN"C MINNEAPOLIS,MINNESOTA 55424
RORER'I'I' LADE;
TELEPHONE(612)927-8855
1 FAX(612)927-7614
June 10, 1988
Mr. Roger N. Knutson
Attorney at Law
1 Grannis, 'Grannis, Farrell & Knutson
403 Norwest Bank Building
161 N. Concord Exchange
1 South St. Paul, MN 55075
RE : Robert Buresh/Subdivision Application
Dear Mr. Knutson:
Following our telephone conversation of June 8, 1988, I have
1 had an opportunity to again review my file relative to the
easement which serves the property Mr. Buresh proposes to
subdivide into two lots in the City of Chanhassen. I understand
that you are representing the City of Chanhassen in regard to
' this matter and have requested that I correspond with you and
provide my opinion as to the availability of the easement for use
by Mr. Buresh or his assigns following a subdivision of property
in which he has an interest.
As you know , I had previously corresponded with you in
' regard to your opinion concerning this matter dated December 2 ,
1986. I am writing to advise you that I concur with your opinion
and, further, am of the opinion that a subdivision of the
property by Mr. Buresh does not alter the right of the subject
1 property owner or subsequent owners to utilize the easement for
access. I do not see anything, including the 1973 Agreement with
David and Donald Halla, which would limit the right of the
1 property owners to use the non-exclusive roadway easement.
Obviously, Mr. Buresh 's subdivision of the property must be
conducted in a fashion so as to assure that both lots will have
1 unrestricted access to the easement itself. In addition, the
subdivision must conform to the ordinances of the City of
Chanhassen.
' You also suggested that Mr. Buresh provide the city with a
disclaimer concerning the access issue and I have discussed this
1 matter with Mr. Buresh. He is willing to provide the city with a
disclaimer stating that he is, with respect to access, proceeding
with his subdivision at his own risk and is not relying on the
city to provide public access to his lots. In addition, Mr.
1 Buresh is willing to hold the city harmless from any judgment
JIM
r
Mr . Roger N. Knutson
Page 2
June 10, 1988
1
which might be rendered against the city in favor of any
subsequent owner of the subdivided property as a result of such
owner being unable to gain access via the private easement to the
portion of the subdivided property in which the owner has an
interest, provided the city does not block or restrict the use of
the easement in the future.
If you have any further questions or comments, please feel
free to give me a call. 1
Yours very truly,
OLSEN, SNELLrNG & CHRISTENSEN, P.A.
Jo h). -. ris•t • en'
At to _ at awi
JJC/bc l 1
cc Robert Buresh
Walter Gustafson
1
1
1
1
1
1
1
1