2. Vacation of a Portion of the Right of way along the North side of West 78th St. I .. ' 0?6
CITY OF 0,,
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vs CHANHASSEN
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; 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
'4-:' `_~-'- (612) 937-1900
1
1 MEMORANDUM w�
TO: Don Ashworth, City Manager
1 FROM Stephen Hanson, Planning Director
DATE: February 7, 1989 �..e,_r _,=___ _ .-".--.. -
SUBJ: Vacation of a Portion of West 78th Street < .. . 442
#89-1 Street Vacation
1 As part of the Downtown Redevelopment Project an error in the
recording of right-of-way for West 78th Street was discovered.
1 In order to correct this error and provide a consistent 80 foot
right-of-way for West 78th Street it is necessary to vacate a
portion of the existing right-of-way. The area in question is on
Ithe north side of West 78th Street in Schneider Park.
The right-of-way to be vacated extends from Kerber Drive to
Market Boulevard. At Kerber Drive, the parcel to be vacated is
I 20 feet in depth and tapers back to the existing right-of-way
near Market Boulevard. Attached please find a letter from
Timothy Berg and the resolution prepared for the vacation of this
Iright-of-way.
RECOMMENDATION
IStaff recommends the City Council approve the resolution to
vacate street right-of-way in Schneider Park as described in the
attached resolution.
IATTACHMENTS
Ii . Location of area to be vacated:
2 . Letter from Timothy Berg dated August 31, 1988 .
3 . Resolution.
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I . PLANNING
TRANSPORTATION
ENGINEERING
I ARCHITECTURE
BENNETT. RINGROSE. WOLSFELD. JARVIS. GARDNER INC. THRESHER SQUARE 700 THIRD ST SO MINNEAPOLIS. MN 55415 PH. 612/370-0700 FAX. 612/370-1378
November 16, 1988
II
II Ms. Joann Olsen
Assistant City Planner
City of Chanhassen
690 Coulter Drive
IIChanhassen, MN 55317
RE: Right-of-Way Vacation
IIDowntown Redevelopment Project
Dear Joann,
II As you requested, we have reviewed the attached descriptions of vacation for the
Mithun Enterprises/Chanhassen State Bank parcels along West 78th Street. These
descriptions appear to be correct.
IBy way of background, we have included two copies each of Sheets C-45.1 and
C-45.2 which illustrate the area to be vacated in orange. The area which will
be vacated (orange) is being "traded" for the area to be acquired "blue" as
II shown, in order to provide a uniform right-of-way width of eighty (80) feet
(Forty feet on each side of the section line).
I Please note that this right-of-way vacation/acquisition swap is necessary
because of a recording error several years ago when the County acquired this
right-of-way.
IAlso, please note that I believe that right-of-way vacation is necessary on the
' south side of the roadway as well . Further information on this should come from
the Grannis office.
IIf I can offer any further assistance, please let me know.
ISincerely,
BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC.
II '/ , 7(/ ' '/' . 1
Gary A. . hret, PE
IProject Manager ,--- .:
GAE/sk NOV 17 1988
II Attachments La- LriHlVri;�S
File 7-8702 t_
I DAVID J.BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E.JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A.AMUNDSEN
DONALD E HUNT MARK G SWENSON JOHN B McNAMARA RICHARD D.PILGRIM DALE N BECKMANN DENNIS J.SUTLIFF
MINNEAPOLIS S .PETERSBURG DENVER TUCSON PHOENIX
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON I
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER.
DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE BOX 57 (612)455-2359
403 NOR WEST BANK BUILDING DAVID L. HARMEYER
VANCE B. GRANNIS ELLIOTT B. KNETSCH
VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER
PATRICK A.FARRELL TIMOTHY BERG
DAVID L.GRANNIS,III SOUTH ST PAUL, MINNESOTA 55075
J
ROGER N. KNUTSON TELEPHONE(612)455-1661
August 31 , 1988
Mr. Don Ashworth
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Schneider Park
Vacation of Street Right-of-Ways
Dear Mr. Ashworth: I
Enclosed please find proposed Resolution, Certification, and
Public Hearing Notice concerning the vacation of street right-
of-ways in Schneider Park. These are the right-of-way vacations
concerning the Chanhassen State Bank and Mithun Enterprises, Inc.
properties. These descriptions were furnished me by Gary Ehret of
BRW.
The City Council, by resolution, may vacate streets on its
own motion. The resolution must be adopted by a vote of at least
four-fifths of the Council. Vacation should not occur unless it
appears in the interest of the public to do so after a hearing
preceded by two weeks published and posted notice. After the
resolution of vacation has been adopted, you should complete the
resolution along with the certification and it should then be
presented to the County Auditor who will enter the same in the
transfer records and note upon the instrument, over the Auditor ' s
official signature, the words "entered in the transfer record" .
The resolution then is to be filed with the County Recorder. Be
sure to let me know if you have any questions. Thank you. I
Very truly yours,
GRANNIS, GRANNIS, FARRELL
& KNUTSON, P.A.
BY: " 1
Timothy J. Berg
TJB: srn
Enclosures
cc: Terri Simard
SEP 2 1988
CITY_OF CHANHASSENV I
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RESOLUTION NO.
CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION TO VACATE STREET RIGHT-OF-WAYS
WHEREAS, the City Council of the City of Chanhassen,
Minnesota, has determined to vacate the following street right-of-
ways in the plat of SCHNEIDER PARK, on file in the office of the
' County Recorder, Carver County, Minnesota, described as follows:
All that part of the COUNTY STATE AID HIGHWAY NO. 16 Right-
of-Way as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies between the southerly extension of the
easterly and westerly lines of LOT 2, BLOCK 2, said SCHNEIDER
' PARK, and which lies northerly of a line distant 40. 00 feet
northerly from and parallel with the south line of the
Southwest Quarter of the Southwest Quarter of Section 12 ,
' Township 116, Range 23, Carver County, Minnesota;
AND
1 All that part of the COUNTY STATE AID HIGHWAY NO. 16 Right-
of-Way as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies easterly of the southerly extension of
the westerly line of LOT 3 , BLOCK 2, said SCHNEIDER PARK, and
which lies northerly of a line distant 40.00 feet northerly
' from and parallel with the south line of the Southwest
Quarter of the Southwest Quarter of Section 12, Township 116,
Range 23 , Carver County, Minnesota;
AND
All that part of the COUNTY STATE AID HIGHWAY NO. 16 Right-
of-Way as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies between the southerly extension of the
easterly and westerly lines of LOT 1, BLOCK 1, said SCHNEIDER
' PARK, and which lies northerly of a line distant 40.00 feet
northerly from and parallel with the south line of the
Southwest Quarter of the Southwest Quarter of Section 12,
' Township 116, Range 23 , Carver County, Minnesota;
Reserving a permanent easement for public utility purposes
' over, under, and across the above described right-of-ways to
be vacated.
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and '
WHEREAS, a public hearing was held on the day of
, 1988, before the City Council after due published
and posted notice had been given by the Clerk on
1988, a reasonable attempt was made to give personal notice to all
affected property owners, and all persons interested were given an
opportunity to be heard; and
WHEREAS, it appears to be in the best interest of the City td
vacate such streets; and
WHEREAS, fourth-fifths of the members of the City Council
concur in this resolution. ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chanhassen, Minnesota:
1. That the following street right-of-ways in the plat of
SCHNEIDER PARK are hereby vacated:
All that part of the COUNTY STATE AID HIGHWAY NO. 16 Right-
of-Way as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies between the southerly extension of the
easterly and westerly lines of LOT 2, BLOCK 2, said SCHNEIDER
PARK, and which lies northerly of a line distant 40. 00 feet
northerly from and parallel with the south line of the
Southwest Quarter of the Southwest Quarter of Section 12,
Township 116, Range 23 , Carver County, Minnesota;
AND ,
All that part of the COUNTY STATE AID HIGHWAY NO. 16 Right-
of-Way
as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies easterly of the southerly extension of
the westerly line of LOT 3 , BLOCK 2, said SCHNEIDER PARK, and
which lies northerly of a line distant 40. 00 feet northerly
from and parallel with the south line of the Southwest
Quarter of the Southwest Quarter of Section 12 , Township 116,
Range 23 , Carver County, Minnesota;
AND
All that part. of the COUNTY STATE AID HIGHWAY NO. 16 Right- ,
of-Way as delineated and dedicated by SCHNEIDER PARK,
according to the recorded plat thereof, Carver County,
Minnesota, which lies between the southerly extension of the
easterly and westerly lines of LOT 1, BLOCK 1, said SCHNEIDER
PARK, and which lies northerly of a line distant 40. 00 feet
northerly from and parallel with the south line of the
Southwest Quarter of the Southwest Quarter of Section 12,
• Township 116, Range 23 , Carver County, Minnesota;
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Reserving a permanent easement for public utility purposes
over, under, and across the above described right-of-ways to
be vacated.
2. The City Clerk is hereby directed to file a certified
copy of this Resolution with the County Auditor and County Recorder.
PASSED AND DULY ADOPTED by the City Council of the City of
' Chanhassen this day of , 1988.
CITY OF CHANHASSEN
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(SEAL) BY:
Thomas L. Hamilton, Mayor
ATTEST:
Don Ashworth, City Manager
STATE OF MINNESOTA
( ss.
' COUNTY OF CARVER )
On this day of , 1988, before me, a
' Notary Public within and for said County, personally appeared Thomas
L. Hamilton and Don Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the City of Chanhassen, the municipal corporation
named in the foregoing instrument, and that the seal affixed to said
instrument is the corporate seal of said municipal corporation, and
that said instrument was signed and sealed in behalf of said
municipal corporation by authority of its City Council, and said
Thomas L. Hamilton and Don Ashworth acknowledged said instrument to
be the free act and deed of said corporation.
NOTARY PUBLIC
DRAFTED BY: •
Grannis, Grannis, Farrell
' & Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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CERTIFICATION
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER ) '
I hereby certify that the foregoing Resolution No.
is a true and correct copy of the resolution presented to and
adopted by the City Council of the City of Chanhassen at a duly
authorized meeting thereof held on the day of ,
1988, as shown by the minutes of said meeting in my possession. '
Don Ashworth, City Manager
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
PUBLIC HEARING NOTICE
' TO WHOM IT MAY CONCERN:
' NOTICE IS HEREBY GIVEN, that the City Council of the City
of Chanhassen will conduct a public hearing at p.m. , on
' , 1988, at the City Council Chambers
located in City Hall, 690 Coulter Drive, Chanhassen, Minnesota.
The purpose of the hearing is to consider the vacation of the
following street right-of-ways in the plat of SCHNEIDER PARK on
file in the office of the County Recorder, Carver County,
' Minnesota, described as follows:
All that part of the COUNTY STATE AID HIGHWAY NO. 16
' Right-of-Way as delineated and dedicated by SCHNEIDER
PARK, according to the recorded plat thereof, Carver
County, Minnesota, which lies between the southerly
' extension of the easterly and westerly lines of LOT 2 ,
BLOCK 2, said SCHNEIDER PARK, and which lies northerly of
a line distant 40. 00 feet northerly from and parallel
' with the south line of the Southwest Quarter of teh
Southwest Quarter of Section 12, Township 116, Range 23 ,
Carver County, Minnesota.
AND
All that part of the COUNTY STATE AID HIGHWAY NO. 16
Right-of-Way as delineated and dedicated by SCHNEIDER
PARK, according to the recorded plat thereof, Carver
County, Minnesota, which lies easterly of the southerly
extension of the westerly line of LOT 3 , BLOCK 2 , said
' SCHNEIDER PARK, and which lies northerly of a line
distant 40. 00 feet northerly from and parallel with the
south line of the Southwest Quarter of the Southwest
Quarter of Section 12, Township 116, Range 23 , Carver
County, Minnesota.
' AND
All that part of the COUNTY STATE AID HIGHWAY NO. 16
Right-of-Way as delineated and dedicated by SCHNEIDER
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PARK, according to the recorded plat thereof, Carver 1
County, Minnesota, which lies between the southerly
extension of the easterly and westerly lines of LOT 1,
BLOCK 1, said SCHNEIDER PARK, and which lies northerly of
a line distant 40. 00 feet northerly from and parallel
with the south line of the Southwest Quarter of the
Southwest Quarter of Section 12, Township 116, Range 23,
Carver -County, Minnesota.
Reserving a permanent easement for public utility
purposes over, under, and across the above described
right-of-ways to be vacated.
Such persons as desired to be heard will be heard at this
meeting.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN.
Dated this day of , 1988. 1
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Don Ashworth, City Manager
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