F-1. Burke Vacation of ROWCITY OF
CNAPIHASSEN
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: 952.2271170
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: 952.2271404
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
Web Site
www.ci.chanhassen,mn.us
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Stephanie Smith, Project Engineer ZSs/ d
DATE: September 14, 2015
0
SUBJ: Approve Vacation of 8 Feet of Public Right -of -Way
South of 225 West 77' Street (Burke)
PROPOSED MOTION
"The City Council adopts a resolution approving the vacation of a portion of
the public right -of -way dedicated as alley south of ST. HUBERTUS, Block 4,
Lot 8 and Lot 9 exempting the west 10 feet of Lot 9, according to the recorded
plat thereof"
City Council approval requires a simple majority vote of those present.
BACKGROUND
The public right -of -way south of south of ST. HUBERTUS, Block 4, Lot 8 and
the west 10 feet of Lot 9 (225 West 77th Street) was recorded with the plat of ST.
HUBERTUS (see attached). The intent was for this right -of -way to be used as an
alleyway as noted in the plat.
PROPOSAL
The property owner of 225 West 77t1i
Street has requested the City vacate that
half of right -of -way that their property
underlies. The entire alleyway is not
being vacated, because the other half of
the right of way would become part of a
different property upon vacation.
Currently, this right of way is not used
as an alley, and there is no plan for the
City to occupy it as an alleyway in the
foreseeable future.
F=1
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Private utilities are located in this right- '
of -way, so language is included in the L . =1
resolution so that the utility owners'
authority shall not be altered by this - —:— T
resolution. However, a drainage and
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Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
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Private utilities are located in this right- '
of -way, so language is included in the L . =1
resolution so that the utility owners'
authority shall not be altered by this - —:— T
resolution. However, a drainage and
g:\eng \vacations \15 -04 burke \150914_vacation memo.docx
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
y,
'•a p��Y' ALLEY
Paul Oehme
Vacation of Right -of -Way
September 14, 2015
Page 2
utility easement is required for the installation of future public and /or private utilities within this
area.
Staff recommends granting the vacation of the 8 -foot portion of right -of -way dedicated south of
ST. HUBERTUS, Block 4, Lot 8 and Lot 9 exempting the west 10 feet of Lot 9 (225 West 77t1
Street) with the condition that a drainage and utility easement shall be recorded over the vacated
area to allow the installation of future utilities.
Attachments: 1. Plat of ST. HUBERTUS
2. Proposed Vacation Exhibit
3. Vacation Application
4. Published Notice of Public Hearing & Affidavit of Mailing
5. Proposed Drainage and Utility Easement
6. Resolution
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CERTIFICATE OF SURVEY
225 77TH ST W
CHANHASSEN, MN 55317
LEGAL DESCRIPTION
LOT 8 AND LOT 9 EXCEPT THE WEST 10 FEET THEREOF ALL IN BLOCK
4, ST. HUBERTUS, CARVER COUNTY, MINNESOTA
NOTES
1. THE NORTH LINE OF BLOCK 4 IS ASSUMED TO BEAR NORTH 89
DEGREES 52 MINUTES 36 SECONDS EAST
2. THE SMNGSET RETAINING WALL ENCROACHES BY 0.4 FEET AS SHOWN
3. THE FENCELINE ON THE EASTERLY PROPERTY LINE MEANDERS ACROSS
THE PROPERTY LINE AS SHOWN.
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CERTIFICATION
I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS
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PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM
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A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE
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SCOTT C. TROSEN,, MN LS 47465
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DATE: REVISED:
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109.71 /_SOUTH LINE OF LOTSTTB AND 9,
BLOCK 4, ST HUBERTUS -'
i SHAKOPEE, MN 55379
`- -CENTERLINE OF UN- OPt1VED ALLEY
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PH: 612-990-1182
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L A N D S U R V E Y I N G WWW.TROSENLANDSURVEYING.COA
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard CITY OF CHMHASSEN
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227 -1300 / Fax: (952) 227 -1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date:
PC Date:
CC Date:
60-Day Review Date:
Section 1: Application .- (check all that apply)
(Refer to the appropriate Application Checidist for required submittal Information that must accompany this application)
❑
Comprehensive Plan Amendment .........................
$600
❑
Subdivision (SUB)
❑ Minor MUSA line for failing on -site sewers .....
$100
❑ Create 3 lots or less ............. ...........................$300
❑
Conditional Use Permit
❑ Create over 3 lots ... ........... $600 + $15 per lot
(CUP)
io.ts. )
❑ Single - Family Residence . ...............................
$325
❑ Metes &Bounds (2 lots) ....... ...........................$300
❑ All Others .............................. ...........................$425
❑ Consolidate Lots ..............................................
$150
❑
Interim Use Permit (IUP)
❑ Lot Line Adjustment .............. ...........................$150
❑ Final Plat
❑ In conjunction with Single - Family Residence..
All Others
El All
$325
............................... ...........................$700
$450 escrow far attorney costs)'
.............................. ...........................
$425
'Additional escrow may be required for other applications
❑
Rezoning (REZ)
through the development contract,
❑ Planned Unit Development (PUD) ..................
$750
Vacation of Easements/Right -of -way (VAC) ........
$300
❑ Minor Amendment to existing PUD .................
$100
(Additional recording fees may apply)
❑All Others .......................... ...............................
$500
❑
Variance ( VAR) ..................... ...............................
$200
❑
Sign Plan Review .................... ...............................
$150
❑
Welland Alteration Permit
(WAP)
❑
Site Plan Review (SPR)
❑ Single- Family Residence ...............................
$150
❑ Administrative ....................... ...........................
$100
❑ All Others ............................ ...........................
$275
❑ CommerciaVlndustrial Districts' ......................$500
❑
Zoning Appeal
Plus $10 per 1,000 square feet of building area:
....................... ...............................
$100
thousand square feet)
*Include number of existing employees:
❑
Zoning Ordinance Amendment (ZOA) .................
$500
Include number of now employees:
❑ Residential Districts .......... ...............................
$500
NOTE: when multiple appscauons ere processed concurrently,
Plus $5 per dwelling unit (_ units)
the appropriate fee shall be charged for each appocsflon.
❑ Notification Sign (City to install and remove) ...................................................................................... ........:::..::i.:...1......... $200
❑ Property Owners' List within 500' (City to generate after pro- application meeting) ................... ............................... $3 per address
[� Escrow for Recording ocuments check all that apply). addresses)
9 ( PPY) .................... ............................... .........$50perdocument
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
21 Vacation Variance ❑ Wetland Alteradon Permit
❑ Metes & Bounds Subdivision (3 does.) Easements " easements)
TOTAL FEE:
Section 2: Required Information
Description of Proposal: Vacation of the north half of the alley behind my house. (see attached)
Property Address or Location:
Parcel #: 250500370
225 West 77th Street, Chanhassen
Legal Description: lots 8 & 9 except the west 10 ft there of all in Blk 4 ,St Hubertus
Total Acreage: 0.35 Wetlands Present? ❑ Yes ® No
Present Zoning: Single -Family Residential District (Rs Requested Zoning: Single - Family Residential District (RSFG
Present Land Use Designation: Residential Low Dens Requested Land Use Designation: Residential Low Densitya
Existing Use of Property: Residential single family
21 Check box is separate narrative is attached.
Section 3: Property . Applicant
APPLICANT 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, 1, 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. 1 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: Jeanne M Burke Rev Tr Contact: Jeanne Burke
Address: 225 W 77th Street Phone: (952) 934 -2675
City /State2ip: Chanhassen, MN 55317 Cell: (612) 251 -0506
Email: mnburkes@gmail.com Fax:
Signature: Date: v2 0
This applicabdn must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing 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 /StatefZip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name:
❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address:
❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State2ip:
❑ Other* Via: []Email ❑ Mailed Paper Copy Email:
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). I -. — - --
, SAVE FORM PRINT FORM SUBMIT FORM
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
September 2, 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 Public
Hearing for Vacation of Right -of -Way of a portion of the alley located on Lot 8, Block 4, St.
Hubertus, Vacation File No. 15 -04 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.
Subscribed and sworn to before me
thiQ {K day ofs -� , 2015.
JEAN M. STECKLING
— AZ4 Notary Public rY Pub AAA
My ry Pb Epi+e..len91,lo1B
a3NNV39
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF RIGHT -OF -WAY
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, September 14, 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 of public right -of -way of a portion of the alley located in Block 4, ST. HUBERTUS,
Carver County, Minnesota described as follows:
Beginning at the southeast corner of Lot 8, Block 4 ST. HUBERTUS, Carver County,
Minnesota; thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline
of said alley, a distance of 8.00 feet to the centerline of said alley; thence south 89 degrees 52
minutes 36 seconds west, along said centerline, a distance of 109.71 feet; thence north 00
degrees 07 minutes 24 seconds west, perpendicular to said centerline, a distance of 8.00 feet to a
point on the south line of Lot 9, said point being the point of intersection of the south line of said
Lot 9 and the east line of the west 10 feet of said Lot 9; thence north 89 degrees 52 minutes 36
seconds east, a distance of 109.71 feet to the point of beginning.
- -L _
—•• .. w*��- S88'bY 96 "1/ ALLEY .—
The proposed resolution is enclosed. All interested persons are invited to attend this
public hearing and express their opinions with respect to this proposal.
Stephanie Smith, Project Engineer
Phone: 952- 227 -1165
(Published in the Chanhassen Villager on September 3 & 10, 2015)
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The proposed resolution is enclosed. All interested persons are invited to attend this
public hearing and express their opinions with respect to this proposal.
Stephanie Smith, Project Engineer
Phone: 952- 227 -1165
(Published in the Chanhassen Villager on September 3 & 10, 2015)
\\cfs5 \cfs5\shared _data \eng \vacatiom\I 5 -04 burke\ph notice to mail.doc
SMART CITIES LLC
ALEC K NORD
DAYANIRA ZAMORANO
1110 HARMON PL
204 77TH ST W
204 CHANVIEW
MINNEAPOLIS, MN 55403 -2019
CHANHASSEN, MN 55317 -9702
CHANHASSEN, MN 55317 -9707
DEAN C & JANET M BURDICK
TONJA ST MARTIN
I1-13 PROPERTY MINNESOTA LP
206 CHAN VIEW
207 CHAN VIEW
21001 N TATUM BLVD STE 1630 -63
CHANHASSEN, MN 55317 -9707
CHANHASSEN, MN 55317 -9701
PHOENIX, AZ 85050 -5269
PAUL F & RITA M ROJINA
AMY LOUISE DIEDRICH
GREGORY 1 & KAREN J ODASH
220 77TH ST W
22177TH ST W
221 CHAN VIEW
CHANHASSEN, MN 55317 -9799
CHANHASSEN, MN 55317 -9711
CHANHASSEN, MN 55317 -9750
ARUN SUBBIAH
DOUGLAS FLETCHER
RONALD & ELAINE ROESER
2210 MIDLAND GROVE RD # 103
222 77TH ST W
222 CHAN VIEW
ROSEVILLE, MN 55113 -3835
CHANHASSEN, MN 55317 -9799
CHANHASSEN, MN 55317 -9613
JEANNE M BURKE REV TRUST U/A
MARK J & JENNIFER D ANDERSON
JOHN MCQUILLAN
225 77TH ST W
226 CHAN VIEW
2990 LAKE SHORE AVE
CHANHASSEN, MN 55317 -9709
CHANHASSEN, MN 55317 -9613
MAPLE PLAIN, MN 55359 -9665
THEODORE VAN BLYENBURGH
BERNARD A & COLEEN M POIRIER
CHAPEL HILL ACADEMY
303 77TH ST W
304 77TH ST W
306 78TH ST W
CHANHASSEN, MN 55317 -9798
CHANHASSEN, MN 55317 -9798
CHANHASSEN, MN 55317 -9734
GEORGE D & MARGARET H SHORBA
JAMES & KELLEY A DEGROSS
MARK BLOMQUIST
306 CHAN VW
3911 MEADOWVIEW LN
5587 BRISTOL LN
CHANHASSEN, MN 55317 -9714
ELKO, MN 55020 -9538
MINNETONKA, MN 55343 -4307
CARVER COUNTY CDA
JEFFREY W & MARY L BORNS
DENNIS & JANIS FISHER
705 WALNUT ST N
7199 FRONTIER TRL
7501 ERIE AVE
CHASKA, MN 55318 -2039
CHANHASSEN, MN 55317 -9605
CHANHASSEN, MN 55317 -7903
MARK & KAROL J MOTZKO
HALEY E PEMRICK
DONALD D & MARY GOETZE
7606 ERIE AVE
7608 ERIE AVE
7610 FRONTIER TRL
CHANHASSEN, MN 55317 -9715
CHANHASSEN, MN 55317 -9715
CHANHASSEN, MN 55317 -9609
FLORENCE H COLEMAN
JOSHUA H PAINE
RICHARD & KATHY GAVERT
7616 FRONTIER TRL
7701 ERIE AVE
7701 FRONTIER TRL
CHANHASSEN, MN 55317 -9609
CHANHASSEN, MN 55317 -9703
CHANHASSEN, MN 55317 -9712
JOHN E & KAREN M KRAEMER BRIAN NA A BACHRACH MARY E JANSEN ETAL
7703 ERIE AVE 7706 ERIE AVE 7720 ERIE AVE
CHANHASSEN, MN 55317 -9612 CHANHASSEN, MN 55317 -9612 CHANHASSEN, MN 55317 -9713
LARRY A & KATHLEEN A SCHROEDER
7720 FRONTIER TRL
CHANHASSEN, MN 55317 -9753
MATTHEW FAUST
7723 FRONTIER TRL
CHANHASSEN, MN 55317 -9712
RICHARD A & ELIZABETH M NUSTAD
7721 ERIE AVE
CHANHASSEN, MN 55317 -9713
CATHLEEN GALLAND
PO BOX 1095
CHANHASSEN, MN 55317 -1095
THOMAS A& LYNN M PAULY
7721 FRONTIER TRL
CHANHASSEN, MN 55317 -9712
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC DRAINAGE AND UTILITY PURPOSES
JEANNE M. BURKE, TRUSTEE OF THE JEANNE M. BUREE REVOCABLE TRUST U/A DATED
SEPTEMBER 9, 2009, hereinafter referred to as "Grantor ", in consideration of One Dollar ($1.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation
organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the
"City', its successors and assigns, forever, a permanent easement for public drainage and utility
purposes over, across, on, under, and through land situated within the County of Carver, State of
Minnesota, legally described on the attached Exhibit "A ".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain and excavate the easement premises, and
the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public drainage and utility systems.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
1
183378
that it has the sole right to grant and convey the easement to the City, that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this
day of 12015.
GRANTOR: JEANNE M. BURK REVOCABLE
TRUST U/A DATED SEPTEMBER 9, 2009
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
Jeanne M. Burke, Trustee
The foregoing instrument was acknowledged before me this day of
12015, by JEANNE M. BURKE, TRUSTEE OF THE JEANNE M. BURKE REVOCABLE
TRUST U/A DATED SEPTEMBER 9, 2009, Grantor.
Notary Public
DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
AMP
2
1833'78
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
A permanent easement for drainage and utility purposes over, under and across the following
described property.
Beginning at the southeast corner of Lot 8, Block 4, ST. HUBERTUS, Carver County, Minnesota;
thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline of said alley, a
distance of 8.00 feet to the centerline of said alley; thence south 89 degrees 52 minutes 36 seconds
west, along said centerline, a distance of 109.71 feet; thence north 00 degrees 07 minutes 24
seconds west, perpendicular to said centerline, a distance of 8.00 feet to a point on the south line of
Lot 9, said point being the point of intersection of the south line of said Lot 9 and the east line of
the west 10 feet of said Lot 9; thence north 89 degrees 52 minutes 36 seconds cast, a distance of
109.71 feet to the point of beginning.
183378
MORTGAGE HOLDER
CONSENT TO EASEMENT
WELLS FARGO BANK, N.A., a National Bank organized and existing under the laws of
the United States, which holds a mortgage on all or part of the property more particularly described
in the foregoing Grant of Permanent Easement for Public Drainage and Utility Purposes, which
mortgage is dated April 3, 2007, and recorded April 30, 2007, as Document No. A463184 with the
office of the County Recorder for Carver County, Minnesota, for good for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consents, and is subject to the foregoing Grant of Permanent Easement for Public Drainage and
Utility Purposes.
WELLS FARGO BANK, N.A.
By:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2015, by the
of Wells Fargo Bank, N.A., a National Bank organized and
existing under the laws of the United States, on its behalf.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
AMP
183378
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF RIGHT -OF -WAY
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, September 14, 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 of public right -of -way of a portion of the alley located in Block 4, ST. HUBERTUS,
Carver County, Minnesota described as follows:
Beginning at the southeast corner of Lot 8, Block 4 ST. HUBERTUS, Carver County,
Minnesota; thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline
of said alley, a distance of 8.00 feet to the centerline of said alley; thence south 89 degrees 52
minutes 36 seconds west, along said centerline, a distance of 109.71 feet; thence north 00
degrees 07 minutes 24 seconds west, perpendicular to said centerline, a distance of 8.00 feet to a
point on the south line of Lot 9, said point being the point of intersection of the south line of said
Lot 9 and the east line of the west 10 feet of said Lot 9; thence north 89 degrees 52 minutes 36
seconds east, a distance of 109.71 feet to the point of beginning.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Stephanie Smith, Project Engineer
Phone: 952- 227 -1165
(Publish in the Chanhassen Villager on September 3 & 10, 2015)
SCANNED
\ \cfs5 \cfs5\shared_data\eng \vacations \15 -04 burke \ph notice to paper.doc
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: September 14, 2015 RESOLUTION NO: 2015 -XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC
RIGHT OF WAY
225 W. 77TH STREET, BLOCK 4, ST. HUBERTUS
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published
and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days
before the hearing to each property owner affected by the proposed vacation, the Chanhassen City
Council has conducted a hearing to consider the vacation of the public drainage and utility easement
legally described on the attached Exhibit "A "; and
WHEREAS, following the hearing and consideration of the proposed vacation, the Council
has determined that it is in the public interest to vacate the public right -of -way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
The public right of way legally described on the attached Exhibit A is hereby vacated.
2. The vacation shall not affect the authority of any person, corporation, or municipality
owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer
lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue
maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace,
remove, or otherwise attend thereof.
3. The City Manager is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder of Carver County.
Passed and adopted by the Chanhassen City Council this 14'x' day of September, 2015.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
EXHIBIT "A"
The vacation of a portion of the alley located in Block 4, ST. HUBERTUS, Carver County,
Minnesota described as follows:
Beginning at the southeast corner of Lot 8, Block 4 ST. HUBERTUS, Carver County, Minnesota;
thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline of said alley, a
distance of 8.00 feet to the centerline of said alley; thence south 89 degrees 52 minutes 36 seconds
west, along said centerline, a distance of 109.71 feet; thence north 00 degrees 07 minutes 24 seconds
west, perpendicular to said centerline, a distance of 8.00 feet to a point on the south line of Lot 9,
said point being the point of intersection of the south line of said Lot 9 and the east line of the west
10 feet of said Lot 9; thence north 89 degrees 52 minutes 36 seconds east, a distance of 109.71 feet
to the point of beginning.