D-8. Partial Conveyance of Property to 3241 Dartmouth Drive Tract Z RLS 7CITY OF
CNIHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
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Phone: 952.227.1180
Fax: 952.227.1190
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Fax: 952.227.1170
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Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
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Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
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MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: April 13, 2015
SUBJ: Approve Partial Conveyance of Tract Z, Registered Land Survey
No. 7
PROPOSED MOTION
"The City Council adopts a resolution conveying a portion of Tract Z,
Registered Land Survey No. 7 to Tract G, Registered Land Survey No. 7
according to the attached exhibits and the conditions in this report.
Approval requires a 2/3 vote of the City Council."
BACKGROUND
The subject area is
located in the
Minnewashta Shores
neighborhood located on
the north side of Lake
Minnewashta, as shown
in Figure 1.
Historically, there was a
stub street in the area
that the City maintained
for access to a single-
family home and two
Homeowners
Association (HOA)
properties.
Figure 1
Minnewashta Shores
neighborhood
m�
In 2014, the City constructed improvements in the project area that eliminated
the need for the HOA to utilize the stub street for access. Due to the
topographical constraints, the adjacent single-family home still requires this area
for access to the home. There is not a public need for the stub street. Removing
this stub street from the City's infrastructure will reduce street maintenance costs
and liability. If the Council approves conveyance of this property, it would go to
the adj acent single-family home per the City Attorney's determination.
g:\eng\public\_2014 projects\14-01 street reconstruction\tract z conveyances\20150413 cc approve conveyance to 3241
dartmouth.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Partial Conveyance of Tract Z, RLS No. 7
April 13, 2015
Page 2
DISCUSSION
This area was subdivided in 1957 with Registered Land Survey No. 7 (see Figure 2). Typically,
public right of way for streets and utilities is platted. Right of way is not conveyed with a Registered
Land Survey therefore the City obtained title to the majority of Tract Z, Registered Land Survey No.
7 for street and utility purposes.
The Carver County maps show that the City owns Tract Z in its entirety. The title work indicates that
a portion of Tract Z was not conveyed to the City, rather it was conveyed to the Minnewashta Shores
HOA, owner of Parcels H and Y (Figures 2 and 3). The portion of Tract Z that was not conveyed to
the City is shown in Figure 3. Carver County has been contacted regarding this issue.
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Figure 2: Registered Land Survey No. 7 with Tract Z
highlighted.
P figure J: A sketch showing the approximate portion of
Tract Z that is owned by the Minnewashta Shores
HOA.
g:\eng\pub1ic\_2014 projects\14-01 street reconstruction\tract z conveyances\20150413 cc approve conveyance to 3241 dartmouth.docx
Paul Oehme
Partial Conveyance of Tract Z, RLS No. 7
April 13, 2015
Page 3
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Figure 4: Aerial photograph of subject area prior to the 2014 project
As mentioned previously, the street stub adjacent to 3241 Dartmouth Drive was eliminated with the
2014 project improvements because:
a) Access to the HOA property is now directly from Cypress Drive. This was accomplished by
placing approximately four feet of fill in the HOA property so that the HOA property is at the
same elevation as the street, and
b) Pending City Council approval, the portion of Tract Z used to access 3241 Dartmouth Drive
can be deeded and combined to the property. The homeowners' access to Dartmouth Drive
would be considered their driveway.
The portion of Tract Z that is proposed to be conveyed to 3241 Dartmouth Drive is shown in Figure
5.
Removing this access and deeding this portion of Tract Z to 3241 Dartmouth Drive eliminates the
City's responsibility to maintain this stub street, resulting in a cost savings for the City. The portion
of Tract Z that is proposed to be conveyed to 3241 Dartmouth Drive is shown in Figure 5.
gAeng\public\_2014 projects\14-01 street reconstruction\tract z conveyances\20150413 cc approve conveyance to 3241 dartmouth.docx
Paul Oehme
Partial Conveyance of Tract Z, RLS No. 7
April 13, 2015
Page 4
During construction of the 2014 project, a
draintile was encountered at the
intersection of Cypress Drive and
Dartmouth Drive. Due to the depth and
alignment of the draintile, staff
recommends that a drainage and utility
easement be provided over the
conveyance area.
The City Attorney's office has reviewed
the proposal and drafted the necessary
documents for the transaction.
RECOMMENDATION
Staff recommends approval of the
conveyance, subject to the following:
1. The owner of Tract G must pay all
recording fees associated with the
conveyance,
2. The conveyance area shall be
encumbered by a drainage and utility
easement, and
3. The conveyance must be combined
with Tract G under a single Property
Identification Number.
Attachment: Resolution
CONVEYANCE PART OF TRACT Z TO TRACT 6
REGISTERED LAND SURVEY NO. 7
DAWN BERRY REV TRUST
3241 DARTHOUNTH DR
EXCELSIOR, MN 55331
z
' F
A;
�? yr
,,.
UNE 2 '
40.E.
RIO - ,
H f,1
Figure 5: Proposed conveyance of part of Tract Z to Tract G
gAeng\public\_2014 projects\14-01 street reconstruction\tract z conveyances\20150413 cc approve conveyance to 3241 dartmouth.docx
DATE:
MOTION BY:
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION NO: 2015 -XX
SECONDED BY:
RESOLUTION APPROVING THE
CONVEYANCE OF REAL PROPERTY
WHEREAS, the City is the owner of a portion of Tract Z, Registered Land Survey No.
7, Carver County, Minnesota, legally described as follows:
Tract Z, Registered Land Survey No. 7, Carver County, Minnesota, EXCEPT that part of
Tract Z adjoining Tract H in said Registered Land Survey No. 7 and lying between Line
I and Line 2. Said Line I and Line 2 are described as follows:
Line I is a line drawn northwesterly radial to the westerly line of said Tract H from the
most westerly comer of said Tract H.
Line 2 is a line drawn westerly radial to the westerly line of said Tract H from a point
thereon distant 30.00 feet southerly from the most northerly comer of said Tract H.
(``City Property'); and
WHEREA59 Dawn Berry Revocable Trust ("Owner") is the owner oif Tract 0 Registered
Land Survey No. 7, Carver County, Minnesota ("Owner Property") that abuts a portion of the
City Property and has requested that the City convey to it that portion of the City Property
legally described as follows:
That part of Tract Z, Registered Land Survey No. 7, Carver County, Minnesota lying
between the following described Lines I and 2:
Line I is a line drawn southwesterly from the northwest comer of Tract G, Registered
Land Survey No. 7 to the most northerly comer of Tract Y, Registered Land Survey No.
7.
Line 2 is a line drawn westerly on a radial line from the most northerly comer of Tract H,
Registered Land Survey No. 7 to a point on the east line of said Tract Y.
("Subject Property"); and
WHEREAS, Minnewashta Shores, Inc. owns that portion of Tract Z not included in the
City Property;
180558v2
WHEREAS, all of Tract Z is encumbered with access easements for the properties
located within Registered Land Survey No. 7;
WHEREAS, Tract Z is not opened as a public right of way;
WHEREAS, the City Council finds that it has no purpose for the Subject Property, the City
will reduce maintenance costs through conveyance of the Subject Property, and that the conveyance
of the Subject Property to the Owner, is in the best interest of the City;
WHEREAS9 Minn. Stat. §462.356, subd. 2 requires that the Planning Commission review
the City's proposed disposal of real property for compliance with the comprehensive plan and to
report to the City Council in writing its findings; and
WHEREAS, Minn. Stat. §462.356, subd. 2 provides for an exception from the requirement
for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the
requirement and finding that the disposal of the real property has no relationship to the
comprehensive municipal plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen:
The City Council finds that conveyance of the Subject Property has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. §462.356
are hereby dispensed with.
2. The Mayor and City Manager are hereby authorized to execute and deliver a quit
claim deed from the City to the Owner for the Subject Property conditioned upon
Lie following:
A. Owners granting to the City an easement for drainage and utility over the
entire Subject Property in the City's standard form.
B. Owners combining the Subject Property with the Owner Property under a
single property identification number.
Passed and adopted by the Chanhassen City Council this 13th day of April, 2015.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
1805582 2