Street ROW Request, 8805 Sunset Trail, James and Roseanne BoyumCITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone- 952,227.1100
Fax- 952,227.1110
Building Inspections
Phone: 952.227,1180
Fax- 952,227.1190
Engineering
Phone- 952.227.1160
Fax: 952.227.1170
Finance
Phone- 952.227.1140
Fax- 952.227.1110
Park & Recreation
Phone- 952.227.1120
Fax- 952.227.1110
Recreation Center
2310 Coulter, Boulevard
Phone- 952.227.1400
Fax- 952.227.1404
Planning &
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
MEMORANDUM (/j
TO: Paul Oehme, Public Works Director/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: August 10, 2015
SUBJECT: 8805 Sunset Trail: Vacation of Right -of -Way
"The City Council is recommended to hold a public hearing, table action on
this item and provide staff guidance as to the extent of the right of way
vacation."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
The property
owner at 8805
Sunset Trail
has requests
that a portion of
the Sunset Trail
right of way
adjacent to the
property be
vacated.
The property is
generally
located north of
Lyman
Boulevard and
west of Powers
Boulevard.
Sol
The applicant requests that the majority of the east half of the Sunset Trail adjacent to
the property be vacated. The vacation description submitted by the applicant
excludes the portion of the right of way that contains the driveway to 8750 Sunset
Trail; it also excludes a one foot strip to the north of this driveway. City Code 20-
122 (1) requires minimum of 10 feet setack from the driveway to the property line.
Due to the unique alignment of the driveway to 8750 Sunset Trail it is staff s opinion
that a five foot setback is sufficient, therefore staff recommends that the vacation
g:\eGbftbaUmlis-030A#Mvjt*tcffoU(B 5fttQ0*.dkToday and Planning for Tomorrow
8805 Sunset Trail
ROW vacation
August 10, 2015
Page 2
approval exclude the five feet that lies northerly of this driveway. The applicant did not provide a
legal description as staff requested excluding the five feet north of the driveway, therefore it is
recommended to hold the public hearing then table the action and provide staff guidance as to the
limits of the right of way vacation that the Council will support. The item would then be on a future
consent agenda where the Council can adopt a resolution with the appropriate legal description of the
vacation area.
There are no public or private utilities within the right of way that is proposed to be vacated and there
are no drainage issues at this location that would require an easement.
A trail easement over the west
10' of the vacated right of way is
required, which will provide a
20' wide trail easement (a 10'
trail easement to the west of the
proposed easement was
dedicated when the west half of
the Sunset Trail right of way was
vacated).
The City does not give a deed or
make a title guarantee when
vacating an easement.
0� -�- -'\
-
Attachments: Application
Drawing and Legal Description of Vacation and Easement Dedication
Notice of Public Hearing/Affidavit of Mailing
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division —77OOMarket Boulevard
Mailing Address —P.O.Box 147.Chanhassen, MN55317 CITY OF CffMfl93EN
Phone: (052)227-13OO/Fax: (Q52)227 -111O
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: CC Date: oo-DavReview Date:
Section 1: Application TyTe �(clheck all that apply)
(Refer mthe appropriate Application Checklist for required submittal information that must accompany this application)
F1 Comprehensive Plan Amendment ......................... $600
F Minor MUSA line for failing on-site sewers ..... $100
F� Conditional Use Permit (CUP)
Single -Family Residence ................................ $325
L�
All Others -------------------$425
interim Use Permit (|UP)
LJ |nconjunction with Single -Family Reoidenoe..$325
Rezoning(REZ)
Planned Unit Development (PU[).................. $75O
El Minor Amendment toexisting PUD ................. $1OO
F All Others -------------------$5OO
F1 Site Plan Review (SpR)
0 Administrative ----------------..$10O
Lj Commercial/industrial $500
Plus $10per 1,0OOsquare feet ofbuilding area:
thousand square feet)
*Include number orexisting employees:
_______
*Include number nrnew employees:
L�
Residential Districts ......................................... $5OO
Plus $5 per dwelling unit ( - units)
El Subdivision (SUB)
NOTE: When multiple applications are processed concurrently
the appropriate fee shall be charged for each application.
D Notification Bign(City to install and remove) ---........................................................................................................... $2OO
LJ Property Owners' List within 5OO'(city togenerate after pre -application meeting) .................................................. $3per address
oddreeoes
RV Escrow for Recording Documents (check all � 1�k----------
�-------------..$SOperdooumen
Conditional Use Permit Interim Use Permit Site Plan Agreement
RV Vacation El Variance Wetland Alteration Permit
L�
Metes & Bounds Subdivision (3dooa.) Easements( easements)
TOTAL FEE-. $350.00
Section 2: Required Information
Description of Proposal: Vacation ofoportion of Sunset Trail
Property Address orLocation:
Parcel #: 25.0231000
Legal Description:
Total Acreage: 2.44 Wetlands Present?
preaont�oning� Agr�u�una|Eo�baD��ot�2)Present Land Use Designation: Residential Large Lot
Existing Use of Property:
F-1 Check box isseparate narrative isattached.
8805 Sunset Trail, Chanhassen, MN 55317
See attached Warranty Deed Document No. A24Q252
Requested Zoning: Select One
Requested Land Use Designation: Select One
Create 3lots urless ........................................ $3OO
El Create over 3lots ....................... $GOO+$15
per lot
lots)
Metes & Bounds (2lots) ..................................
$3O0
Consolidate Lots ..............................................
$15O
Lot Line Adjustment .........................................
$15O
L�Final Plat ..........................................................
$7OO
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
Vacation ofEasements/Right-of-way (VAC) --..$3O0
LJVariance
(VY\R)....................................................
$2OD
LJ
Wetland Alteration Permit (WAP)
Single -Family Residence ...............................
$150
L] All Others .......................................................
$275
LJZoning
Appeal ......................................................
$1OO
NOTE: When multiple applications are processed concurrently
the appropriate fee shall be charged for each application.
D Notification Bign(City to install and remove) ---........................................................................................................... $2OO
LJ Property Owners' List within 5OO'(city togenerate after pre -application meeting) .................................................. $3per address
oddreeoes
RV Escrow for Recording Documents (check all � 1�k----------
�-------------..$SOperdooumen
Conditional Use Permit Interim Use Permit Site Plan Agreement
RV Vacation El Variance Wetland Alteration Permit
L�
Metes & Bounds Subdivision (3dooa.) Easements( easements)
TOTAL FEE-. $350.00
Section 2: Required Information
Description of Proposal: Vacation ofoportion of Sunset Trail
Property Address orLocation:
Parcel #: 25.0231000
Legal Description:
Total Acreage: 2.44 Wetlands Present?
preaont�oning� Agr�u�una|Eo�baD��ot�2)Present Land Use Designation: Residential Large Lot
Existing Use of Property:
F-1 Check box isseparate narrative isattached.
8805 Sunset Trail, Chanhassen, MN 55317
See attached Warranty Deed Document No. A24Q252
Requested Zoning: Select One
Requested Land Use Designation: Select One
Section • • •Applicant • •
APPLE CANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Roseanne M. Boyum and James A. Boyum Contact: James A. Boyum
Address: 8805 Sunset Trail Phone: (952) 361-0074
City/State/Zip: Chanhassen, MN 55317 Cell: (952) 239-9548
Email: boyumwood@gmail.com Fax:
Signature.614115
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4 1 -Li - -
This application must be completed in full and rrmust be accompanied by all information and plans required by
applicable City Ordinance provisions. Before fling this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section': Notification Information
Who should receive copies of staff reports?
®
Property Owner
Via:✓❑ Email
® Mailed Paper Copy
❑
Applicant
Via: ❑ Email
❑ Mailed Paper Copy
❑
Engineer
Via: ❑ Email
❑ Mailed Paper Copy
®
Other*
Via: 0 Email
❑ Mailed Paper Copy
*Other Contact Information:
Name:
Address:
City/State/Zip: Anoka, MN 55303
Email: jim@neilson-law.com
James M. Neilson
118 East Main Street
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM PRINT FORM SUBMIT FORM
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Survey for:
JIM BOYUM
at 8805 Sunset Trail
PROPERTY DESCRIPTION CONTAINED
IN DOCUMENT NO. A249252
That part of the Southwest Quarter of the Northwest Quarter (SW 4 of NW 4) of
Section 23, Township 116, Range 23, Carver County, Minnesota, described as
follows: Beginning at the Northeast corner of said Southwest Quarter of the
Northwest Quarter (SW 1of NW 4); thence South along the East line of said
Southwest Quarter of the Northwest Quarter (SW 4 of NW 4) a distance of
272.25 feet; thence West parallel with the North line of said SW 1of NW 4 a
distance of 410.0 feet; thence North parallel with the said East line 272.25 feet
to said North line; thence East along said North line 410.0 feet to the point of
beginning, excepting thereform that part lying Easterly of a line drawn from a
point on the North line 23.5 feet West of the Northeast corner thereof to a point
on the South line 20.0 feet West of the Southeast corner thereof.
PROPOSED EASEMENT VACATION
That part of the east 25 feet of Sunset Trail as dedicated in document dated
December 7, 1966, recorded December 20, 1966 as Carver County Recorder
Document No. 111787, lying northerly of the following described line:
Commencing at a point on the north line of the Southwest Quarter
of the Northwest Quarter of Section 23, Township 116, Range 23,
distant 410.00 feet west of the northeast corner thereof; thence
south, parallel with the east line of said Southwest Quarter of the
Northwest Quarter, a distance of 251.25 feet to the beginning of the
line to be described; thence deflecting to left 47 degrees 30 minutes
00 seconds a distance of 33.91 feet to the east line of said public
road and utility easement and said line there terminating.
I hereby certify that this survey was prepared by me or under my
direction and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
4 F
Dated this 14th day of July, 2015
REHDER & ASSOCIATES, INC.
01-01
Gary C. Huber, Land Surveyor
Minnesota License No. 22036
Rehder and Associates, Inc.
CIVIL ENGINEERS AND LAND SURVEYORS
3440 Federal Drive • Suite 110 - Eagan, Minnesota • Phone (651) 452-5057
Joe: 154-0873.010
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the Northwest Quarter of Section 23,
Township 116, Range 23
S88050'08p"E
Northeast corner of the Southwest
Quarter of the Northwest Quarter of '--
Section 23, Township 116, Range 23
386.50 '• -
410.00
410.00
N88050P08"W
390,00
1
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the Northwest Quarter of Q r of
Q Section 23, Township 116, Range 23
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Survey for:
JIM BOYUM
at 8805 Sunset Trail
PROPERTY DESCRIPTION CONTAINED
IN DOCUMENT NO. A249252
That part of the Southwest Quarter of the Northwest Quarter (SW 4 of NW 4) of
Section 23, Township 116, Range 23, Carver County, Minnesota, described as
follows: Beginning at the Northeast corner of said Southwest Quarter of the
Northwest Quarter (SW 1of NW 4); thence South along the East line of said
Southwest Quarter of the Northwest Quarter (SW 4 of NW 4) a distance of
272.25 feet; thence West parallel with the North line of said SW 1of NW 4 a
distance of 410.0 feet; thence North parallel with the said East line 272.25 feet
to said North line; thence East along said North line 410.0 feet to the point of
beginning, excepting thereform that part lying Easterly of a line drawn from a
point on the North line 23.5 feet West of the Northeast corner thereof to a point
on the South line 20.0 feet West of the Southeast corner thereof.
PROPOSED EASEMENT VACATION
That part of the east 25 feet of Sunset Trail as dedicated in document dated
December 7, 1966, recorded December 20, 1966 as Carver County Recorder
Document No. 111787, lying northerly of the following described line:
Commencing at a point on the north line of the Southwest Quarter
of the Northwest Quarter of Section 23, Township 116, Range 23,
distant 410.00 feet west of the northeast corner thereof; thence
south, parallel with the east line of said Southwest Quarter of the
Northwest Quarter, a distance of 251.25 feet to the beginning of the
line to be described; thence deflecting to left 47 degrees 30 minutes
00 seconds a distance of 33.91 feet to the east line of said public
road and utility easement and said line there terminating.
I hereby certify that this survey was prepared by me or under my
direction and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
4 F
Dated this 14th day of July, 2015
REHDER & ASSOCIATES, INC.
01-01
Gary C. Huber, Land Surveyor
Minnesota License No. 22036
Rehder and Associates, Inc.
CIVIL ENGINEERS AND LAND SURVEYORS
3440 Federal Drive • Suite 110 - Eagan, Minnesota • Phone (651) 452-5057
Joe: 154-0873.010
JAMES M. NEILSON
Attorney at Law
118 East Main Street
Anoka,, MN 55303
Tel. (763) 489-4000
Fax (763) 489-4001
Email: jim@neilson-law.com
July 22, 2015
Alyson Fauske, P.E.
Assistant City Engineer
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Re: James A. Boyum and Roseanne M. Boyum
8805 Sunset Trail, Chanhassen, MN 55317
Enclosed find the following regarding the above:
Real Property Law Specialist certified
by the Minnesota State Bar Association
VIA EMAIL ONLY
AFauske@cLehanhassen.mn.us
1. Copy of Certificate of Survey by Rchder and Associates, Inc. dated July 14, 2015
containing the proposed easement vacation.
The legal description for the trail easement would be as follows:
That part of the west 10 feet of the east 25 feet of Sunset Trail as dedicated in document
dated December 7, 1966, recorded December 20, 1966 as Carver County Recorder
Document No. 111787, lying northerly of the following described line:
Commencing at a point on the north line of the Southwest Quarter of the Northwest
Quarter of Section 23, Township 116, Range 23, distant 410.' 00 feet west of the
northeast comer thereof; thence south, parallel with the east line of said Southwest
Quarter of the Northwest Quarter, a distance of 251.25 feet to the beginning of the
line to be described; thence deflecting to left 47 degrees 30 minutes 00 seconds a
distance of 33.91 feet to the east line of said public road and utility easement and
said line there terminating.
Also enclosed find copies of part of presentations given to the Minnesota Continuing Legal
Education on the following:
a. Understanding ALTA Surveys and Legal Descriptions;
Alyson Fauske
July 22, 2015
Page 2
b. Legal Descn*ptl*on, Survey, and Subdivision Issues.
Very truly yours,
Jf�
James M. Neilson
JMN/lba
Enclosures
cc: James A. Boyum and Roseanne M. Boyum together with enclosures
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF PUBLIC EASEMENT FOR RIGHT-OF-WAY
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, August 10, 2015, at 7:00 p.m. in the Council Chambers at Chanhassen City
Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation
all or part of the public easement for right-of-way described as:
That part of the east 25 feet of Sunset Trail as dedicated in document dated December 7,
1966, recorded December 20, 1966 as Carver County Recorder Document No. 1117875
lying northerly of the following described line.
Commencing at a point on the north line of the Southwest Quarter of the Northwest
Quarter of Section 23, Township 116, Range 23, distant 410.00 feet west of the northeast
corner thereof; thence south, parallel with the east line of said Southwest Quarter of the
Northwest Quarter, a distance of 251.25 feet to the beginning of the line to be described;
thence deflecting to left 47 degrees 30 minutes 00 seconds a distance of 33.91 feet to the
east line of said public road and utility easement and said line there terminating.
Sketch showing property location (red)
and the proposed vacation area (orange).
All interested persons are invited to attend
this public hearing and express their
opinions with respect to this proposal.
Alyson Fauske, PE
Assistant City Engineer
Phone: 952-227-1164
(Published in the Chanhassen Villager on July 23 and July 30, 2015)
g:\eng\vacations\15-03 boyum\ph notice to mail - rev 072015.doc
RODNEY E & JUDITH A HANING RAYMOND J GARVER JR REV TRUST TRUST AGREEMENT OF EDWARD ALTO
8700 FLAMINGO DR 8704 FLAMINGO DR 8711 FLAMINGO DR
CHANHASSEN, MN 55317-8543 CHANHASSEN, MN 55317-8543 CHANHASSEN, MN 55317-8544
GREG REINECCIUS
8712 FLAMINGO DR
CHANHASSEN, MN 55317-8543
DAVID L MAYER
8726 FLAMINGO DR
CHANHASSEN, MN 55317-8543
ANDREW R TOLLEFSON
8800 SUNSET TRL
CHANHASSEN, MN 55317-9137
DANA W & SUSAN M MULLER
8850 SUNSET TRL
CHANHASSEN, MN 55317-9137
KRISTIN ANNE JOHNSON
8719 FLAMINGO DR
CHANHASSEN, MN 55317-8544
LANCE D& MELANIEJ WEGNER
8727 FLAMINGO DR
CHANHASSEN, MN 55317-8544
JAMES & ROSEAN N E BOYU M
8805 SUNSET TRL
CHANHASSEN, MN 55317-9404
SANDRA SCHMITT BAKER &
STUART BAKER
8955 SUNSET TRL
CHANHASSEN, MN 55317-9126
MARK A & PAULA WILHELM
8720 FLAMINGO DR
CHANHASSEN, MN 55317-8543
JAMES R JR & SUSAN L KOZLOWSKI
8730 FLAMINGO DR
CHANHASSEN, MN 55317-8543
MARK K UNDESTAD
8821 SUNSET TRL
CHANHASSEN, MN 55317-9137
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
August 10, 2015, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Notice of
Public Hearing for Vacation of Public Easements for Right -of -Way, Vacation File No.
15-03 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such owners in
the United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
a
*Ka -n J. Engelh' rdt, Deput ° Clerk
Subscribed and sworn to before me
this,'& day of , 2015.
JEAN M. STECKLING
Yy')
Notary Pubfic-M�ta
Notary Public MY cO„MWW Egan 31, 9019