G-1. 3710 Red Cedar Point Road VacationCITY OF
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.cl.charmassen.mn.us
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Stephanie Smith, Project Engineer o
DATE: June 27, 2016 O�
SUBJ: Approve Vacation of 15 Feet of Public Right -of -Way Northeast of
3710 Red Cedar Point Road — Planning Case File No. 16-12
PROPOSED MOTION
"The City Council adopts a resolution approving the vacation of a portion of
the public right-of-way dedicated as Hancock Place of RED CEDAR POINT
LAKE MINNEWASHTA as described in Exhibit A according to the recorded
plat thereof."
City Council approval requires a simple majority vote of those present.
BACKGROUND
The public right-of-way northeast of 3710 Red Cedar Point Road was recorded
with the plat of RED CEDAR POINT LAKE MINNEWASHTA (see attached).
The intent was for this right-of-way to be used as a public street named Hancock
Place.
Currently, this right of
way is not used as a
public street. All adjacent
parcels have their access
from other streets nearby,
and there is no plan for
the City to occupy it as
street in the foreseeable
future.
PROPOSAL
The property owner of 3710 Red Cedar Point Road has requested the City vacate
that half of right-of-way adjacent to their property. The entire right-of-way is not
being vacated, because the other half of the right of way may become part of a
different property upon vacation.
Private utilities may be located in this right-of-way, so language is included in the
resolution so that the utility owners' authority shall not be altered by this
resolution.
\\cfs5\&5\sbared_data\eng\vacations\3710 red cedar point nl - pc 16-12\160627_ cc_ vacation na mo.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Vacation of Right -of -Way
June 27, 2016
Page 2
resolution. However, a drainage and utility easement is required for the installation of fixture
public and/or private utilities within this area.
Staff recommends granting the vacation of the 15 -foot portion of right-of-way dedicated
northeast of 3710 Red Cedar Point Road with the condition that a drainage and utility easement
shall be recorded over the vacated area to allow the maintenance and installation of utilities and
the existing drainage way.
Attachments: 1. Plat of RED CEDAR POINT LAKE MINNEWASHTA
2. Proposed Vacation Exhibit
3. Vacation Application
4. Published Notice of Public Hearing & Affidavit of Mailing
5. Resolution
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In
COMMUNITY DEVELOPMENT DEFwATMENT
Planning Division - 7700 Market Boulevard �11 � 0� �} � � (1(1� i�
Mailing Address - P.O. Box 147, Chanhassen, MN 55317 � ,� ii11II1111 AHllf�ll\71\Jit+/
Phone: (952) 227-13001 Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: f L, PC Date: "N1R CC Date: (a MDay Review Date: h!
❑/Notification Sign (City to instar and remove)..................................................................................................................... $200
(� Property Owners' List within 500' (City to generate after preapplication meeting) ...............� 5 ....................... $3 per address
addresses)
(� Escrow for Recording Documents (check all that apply) ....................... . $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
Vacation ❑ Variance ❑ Wetland Alteration Permit
Metes 4 Botgids Subdivision (3 docs.) Easements i z easements) D�
TOTAL. FEE: -� --
Section 2: Required Information
Description of Proposal:
Property Address or Location:
Parcel #:
Total Acreage:
Present Zoning: Select One
r'
Legal Description:
Wetlands Present?] Yes ❑ No
Requested Zoning: Select One
Present Land Use Designation: Select One
Existing Use of Property:
❑ Check box is separate narrative is attached.
Requested Land Use Designation: Select One
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
ElComprehensive
Pian Amendment .........................
$600
( Subdivision (SUB)(A � P":,)
❑ Minor MUSA line for failing on-site sewers .....
$100
❑ Create 3 lots or less ........................................
$300
❑
Conditional Use Permit (CUP)
❑ Create over 3 lots ..............lots...$600 + $15 per lot
❑ Single -Family Residence .... ............................
$325
L—lots}
❑ Metes Bounds (2 lots}..................................$300
❑ All Others .... ................ ...... ...............................$425
i
EJ Consolidate Lots ............................ ..................
$160
❑
Interim Use Permit (IUP)
Lot Line Adjustment .........................................
$150
❑ In conjunction with Single -Family Residence.. $325
Final Plat ................. .............$700
" for actor "" '
(Incudes $450 escrow for attorney costs)*
El All Others.........................................................
$425
*Additional escrow may be required for other applications
applications
El
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
❑ Wetland
Alteration Permit (WAP)
❑
Site Plan Review (SPR)
❑ Single -Family Residence ...............................
$150
❑ Administrative., ............................. - ...............
_$100
❑ All Others.- ... .................... ......................... ....
$275
❑ Commercial/industrial Districts*......................$500
❑ Zoning Appeal
Plus $10 per 1,000 square feet of building area:
......................................................
$100
(_thousand square feet)
•Include
❑Zoning Ordinance Amendment (ZOA)
$500
number of existino employees:
.................
Include number of now employees:
❑ Residential Districts ................. .....
"" "'
$500
N=: �n multiple applications are processed concurrently,
Plus $5 per dwelling unit (_ units)
nits)
the appropriate fee shall be charged for each application.
❑/Notification Sign (City to instar and remove)..................................................................................................................... $200
(� Property Owners' List within 500' (City to generate after preapplication meeting) ...............� 5 ....................... $3 per address
addresses)
(� Escrow for Recording Documents (check all that apply) ....................... . $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
Vacation ❑ Variance ❑ Wetland Alteration Permit
Metes 4 Botgids Subdivision (3 docs.) Easements i z easements) D�
TOTAL. FEE: -� --
Section 2: Required Information
Description of Proposal:
Property Address or Location:
Parcel #:
Total Acreage:
Present Zoning: Select One
r'
Legal Description:
Wetlands Present?] Yes ❑ No
Requested Zoning: Select One
Present Land Use Designation: Select One
Existing Use of Property:
❑ Check box is separate narrative is attached.
Requested Land Use Designation: Select One
SecMUN 3: Property Owner and Applicant Info ,.. tion —I
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.
tiy
Name: /�na�e; (hC Contact: 4" _
Address: {� 14�% , f Phone: 612 48 Y S I.1 8
City/St
Email:
Signal
Cell:
Fax:
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: nAi� Contact:
Address:'P7 Phone: b 12 -4?&) 71
City/State/Zip: L 2/f f1Gd kle Cell:
Email:
Signature:
Fax:
Date:
This application 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/State/Zip:
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:
R Applicant Via: JE Email
❑ Mailed Paper Copy
Address:
❑ Engineer Via: Email
❑ Mailed Paper Copy
City/State/Zip:
0 Other' Via: ❑ Email
❑ Mailed Paper Copy
Email:
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, June 27, 2016, 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 at 3710 Red Cedar Point Road, described as:
All that part of the southwesterly half of Hancock Place as donated and dedicated on the
recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota
which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block
6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6,
said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the
Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach
Road as dedicated in said plat, and said line there terminating.
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 June 23, 2016)
g9eng\vacations\3710 red cedar point rd - pc 16-12\ph notice to paper 061516, doe
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
June 16, 2016, 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 at 3710 Red Cedar Point Road, Planning Case File No. 16-12 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
this�,LSL day of., '2016.
Notary Public
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, June 27, 2016, 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 at 3710 Red Cedar Point Road, described as:
All that part of the southwesterly half of Hancock Place as donated and dedicated on the
recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota
which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block
6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6,
said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the
Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach
Road as dedicated in said plat, and said line there terminating.
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.aa � � f. f. .. .. �. l.� ar[;": '• .fi.... 9�h•,.. �r 'e w �. A ., si O
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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 June 23, 2016)
gAeng\vacations\3710 red cedar point rd -po 16-12\ph notice to mail.doex
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: June 27, 2016 RESOLUTION NO: 2016 -XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC RIGHT OF WAY
3710 RED CEDAR POINT ROAD
PLANNING CASE FILE NO, 2016-12
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice
of the hearing and after mailing written notice of the hearing 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.
4. This resolution shall be recorded prior to but concurrent with the recording of the
Drainage and Utility Easement over the vacation area.
Passed and adopted by the Chanhassen City Council this 27`" day of June, 2016.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
EXHIBIT "A"
All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded
plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies
Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat,
and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6;
thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line
of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said
plat, and said line there terminating.
PAUL REIMER GARY ALAN PETERSON EDWIN L & LIVIA SEIM
14455 WESTRIDGE DR 1769 20TH AVE NW 292 CHARLES DR
EDEN PRAIRIE, MN 55347-1700 NEW BRIGHTON, MN 55112-5433 SAN LUIS OBISPO, CA 93401-9204
PATRICK R GORMAN
DIANE LEESON ANDING
TODD A JACKSON & MATTHEW N CASTLE
3063 DEVON LN
3618 RED CEDAR POINT RD
3620 ZENITH AVE S
MOUND, MN 55364-9017
EXCELSIOR, MN 55331-7720
MINNEAPOLIS, MN 55410-1165
STEVEN E & MARSHA E KEUSEMAN
BETSY S ANDING
ILMARS ERIK DUNDURS
3622 RED CEDAR POINT RD
3625 RED CEDAR POINT RD
3627 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7720
EXCELSIOR, MN 55331-7721
EXCELSIOR, MN 55331-7721
GUNTHER LIVING TRUST
CATHERINE 1 BLACK REV TRUST
SCOT LACE
3628 HICKORY RD
3629 RED CEDAR POINT RD
3630 HICKORY RD
EXCELSIOR, MN 55331-9766
EXCELSIOR, MN 55331-7721
EXCELSIOR, MN 55331-9766
PETER J & KARRI 1 PLUCINAK
MARY JO ANDING BANGASSER
THOMAS C & JACQUELINE JOHNSON
3631 SOUTH CEDAR DR
3633 SOUTH CEDAR DR
3637 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9686
EXCELSIOR, MN 55331-9686
EXCELSIOR, MN 55331-9686
DANIEL P FAGAN
ANVER L & ANNE K LARSON
GREGORY BOHRER
3701 SOUTH CEDAR DR
3705 SOUTH CEDAR DR
3706 HICKORY RD
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9768
JILL D HEMPEL
MICHAEL L CORRIGAN
ALFRED & CARLOTTA F SMITH
3707 SOUTH CEDAR DR
3711 SOUTH CEDAR DR
3714 HICKORY RD
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9768
ERIC MCKAY
RICHARD B & MARIANNE F ANDING
CHRIS & KRISTINE WEDES
3715 HICKORY LN
3715 SOUTH CEDAR DR
3716 HICKORY RD
EXCELSIOR, MN 55331-9769
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9768
CAROLYN A BARINSKY
TAB B & KAY M ERICKSON
TIMOTHY 1 NELSON
3719 SOUTH CEDAR DR
3720 SOUTH CEDAR DR
3724 HICKORY RD
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9687
EXCELSIOR, MN 55331-9768
JAMES P & SUSAN S ROSS
WILLIAM J & HELEN E WILSON
BRENDA LEE BLAHA
3725 SOUTH CEDAR DR
3728 HICKORY LN
3733 HICKORY RD
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-9768
EXCELSIOR, MN 55331-7769
EDWARD H & CHERYL A BIXBY
3735 HICKORY RD
EXCELSIOR, MN 55331-7769
HEIDI ANN MARX
3755 RED CEDAR POINT RD
EXCELSIOR, MN 55331-9676
BERNARD & HELEN LEACH
3830 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7765
KATHLEEN LROUSAR
3841 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7766
STEVEN P & LAURIE A HANSON
5901 CARTER LN
MINNETONKA, MN 55343-8966
ELIZABETH 1 NOVAK
7210JUNIPER
EXCELSIOR, MN 55331-9613
JOHN P BAUMTROG DAVID WEINHOLD
3738 HICKORY RD 3750 RED CEDAR POINT RD
EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9675
RICHARD H COMER MICHAEL D & CYNTHIA H WENNER
3800 RED CEDAR POINT RD 3801 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7765 EXCELSIOR, MN 55331-7766
DAVID G WAGNER DAVID M LARSON
3831 RED CEDAR POINT RD 3837 RED CEDAR POINT DR
EXCELSIOR, MN 55331-7766 EXCELSIOR, MN 55331-7766
PATRICIA SCUBA GARY E STOLT
431 PRAIRIE CENTER DR #114 5465 YORKTOWN LN N
EDEN PRAIRIE, MN 55344-5376 PLYMOUTH, MN 55442-1941
MARGO J JESKE GREGORY G & JOAN S DATTILO
7024 RED CEDAR CV 7201 JUNIPER
EXCELSIOR, MN 55331-7795 EXCELSIOR, MN 55331-9614
JANE WHITE ROGER L & DOROTHY P DOWNING
PO BOX 194 PO BOX 651
EXCELSIOR, MN 55331-0194 CHANHASSEN, MN 55317-0651
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: June 27, 2016 RESOLUTION NO: 2016 -XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC RIGHT OF WAY
3710 RED CEDAR POINT ROAD
PLANNING CASE FILE NO. 2016-12
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice
of the hearing and after mailing written notice of the hearing 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.
4. This resolution shall be recorded prior to but concurrent with the recording of the
Drainage and Utility Easement over the vacation area.
Passed and adopted by the Chanhassen City Council this 27h day of June, 2016.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
EXHIBIT "A"
All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded
plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies
Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat,
and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6;
thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line
of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said
plat, and said line there terminating.