F-1. West Park: Approve Resolution Vacating Old Highway 101 Right of Way CITY OF CHANHASSEN
Chanhassen is Community for Life-Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Stephanie Smith, Project Engineer /
DATE: August 14, 2017 Ott
�
SUBJ: Approve Vacation of Public Highway dedicated on the Recorded Plat of
GATEWAY NORTH - Planning Case File No. 17-12
PROPOSED MOTION
"The City Council adopts a resolution approving the vacation of public highway dedicated on
the recorded plat of GATEWAY NORTH as described in Exhibit A."
City Council approval requires a simple majority vote of those present.
BACKGROUND
Highway 101 was realigned as part of the TH 212
construction project. As MnDOT did not need or desire " _ti
to keepright-of-way
no longer used for their highway,
the City received a release by order of the A
Commissioner of Transportation that reverted the
jurisdiction back to the City of Chanhassen as of
October 1, 2009.
The portion of old Highway 101 north of Lake Susan Old 101 -
Drive became Waters Edge Drive. The portion of old e
!oo Alignment ,
Highway 101 south of Lake Susan Drive and north of
I';
TH 212 is vacant. The City does not intend to build a le J
public road within this vacant right-of-way. ', °• y ' ��
Public utilities for sanitary sewer and watermain are �f. ` V,
located within this right-of-way as is a portion of City
trail.
Private utilities are also located within this right-of-way.
New 101 '
Alignment
PH 952.227.1100• wwW dchanhassen.mn.' FX 27:1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Paul Oehme
Approve Vacation of Old Highway 101
August 14, 2017
Page 2
PROPOSAL
The applicant has requested vacation of
public highway dedicated on the recorded _
plat of GATEWAY NORTH. The _ `-R LWE LOT 1.BLOCK 1
_ _ __ `._.
applicant will be required to dedicate 1_ /PW COR.LOT P.BLOB+1 W1Y EvEmmw Or THE
J
drainage and utility easements over the -—: N.L#E OF LOT R Bt OCK 1
- _-
vacated area, so the City and private I _
utility owners can still construct and
maintain utilities in this location. The
applicant will also be required to dedicate - =-"
L£OAL TIES!RPTX l FQ VACATION OF
a trail easement for the existing public YI 11C,MlIMAY
trail � dodivtwl m Me plot of GATEWAY
-———
NORTH.—ded-Oocur 1 Nw .
- - — 131179,Mw County,Mki—to,IA9
The applicant intends to include the «; ________ i i`, t°""" °"°'1�'"' '°°
vacated area in the final plat of WEST
PARK 2ND ADDITION. The applicant
i
anticipates bringing their application for
final plat before the City Council in the
spring of 2018. -----_
This vacation is consistent with the staff
report for WEST PARK's final plat
(approved by Council on July 24) in that
there is no proposed development within this area and the dedicated easements and existing
utility locations preclude development over this area.
Attachments: 1. Notice of Release
2. Plat of GATEWAY NORTH
3. Proposed Vacation Exhibit
4. Preliminary Plat of WEST PARK 2ND ADDITION
5. Published Notice of Public Hearing &Affidavit of Mailing
6. Resolution
g:\eng\vacations\west park pc 17-12\1 70814—cc—vacation memo.docx
Minnesota Department of Transportation
——--------
Transportation Building
395 John Ireland Soijlevard
P,rv, Saint PqLjl, Minngsata 56155-180-9
Maint. Areae Metio
Rele,ase No, 1416
Control Sections I D09, 1017
NOTICE OF RELEASE OF TRUNK HIGHVVAY
To; Mark Lundgren, Director
Carver County Taxpayer Services
600 East 4th Street
Chaska, MN 55318
You are hereby notified that portions of Trunk Highway Nos. 101 and 212 have
been definitely designated and located by Order No. 90889 and that the
portions of trunk highway not included within the right of way of said definite
location are hereby released to the City of Chanhassen as follows:
Beginning at a point on the west line of the state highway right of way of Trunk
Highway No, 212, said point is located in the northwest quarter of the
northwest quarter (NWI/4NW1/4) of Section 24, Township 116 North, Range
23 West, approximately 750 foot south and approximately 400 feet east of the
northwest corner thereof-, thence southwesterly along the centerline of Lake
Sus-an Drive for approximately 500 feet; thence continue northerly and
northeasterly along the centerline of Waters Edge Drive through said
northwest quarter of the northwest quarter, Government Lot 3 and the
southeast quarter of the southwest quarter (SE114SWI/4) of Section 13, said
Township and Range, for @ppi-oxinnately 0.5 miles to the center point of a cul-
de-sac and there terminating.
This release to be effective as of.October 1, 2009,
Dated
Thomas K. Sorel
Commissioner of Transportation
(This notice is being sent to the County Auditor and to all affected governing
bodies within the county in accordance with Minnesota Statutes, Section
161,16 and 161.24 and acts amendatory thereto).
If You have any questions regarding this matter, feel free to contact the Office
of Land Management, telephone 651-366-3469.
An equal opportunity employer
1',kxN E!So,, Minnesota Department of Trinspartation
Transportation Building
31.45 John Ireland Bodeverd
'OP S@Int Paul, Minnesota 55155-1899
Septembor '15, 2009 651-366-3469
Paul Oehme
City Engineer
PO Box 147
Chanhassen, IVIN 55317
In reply refer toz
Control Sections 1009, 1017
County of Gamier
Notice of Release of a. portion
Of Trunk Highway Nos. 101, 212
Release No. 1416
Dear Mr. Oehme:
Attached is a Notice of Release of a portion of Trunk Highway Nos, 101 and 212. This will
be effective October 1, 2009, and the description reads as follaws-
Beginning at a point on the west line of the state highway right of way of Trunk Highway No.
212, said point is located in the northwest quarter of the northwest quarter (NW1/4NWV4) of
Section 24, Township 116 North, Range 23 West, approximately 750 feet south and
approximately 400 feet east of the northwest corner thereof-, thence Southwesterly along the
centerline of Lake Susan Drive for approximately 500 feet; thence continue northerly and
northeasterly along the centerline of Waters Edge Drive through said northwest quarter of the
northwest quarter, Government Lot 3 and the southeast quarter of the southwest quarter
(SE1/4SW1/4) of Section 13, said Township and Range, for approximately 0.5 miles to the
center point of a cul-de-sac anti there terminating,
The subject portion of road reverts to the jurisdiction of the City of Chanhassen in
accordance with Minnesota Statutes
Section 161,16 and 161.24 (and Acts amendatory
thereto).
If you require additional information, call Mr. Terry Lehmann, Office of Land Management, at
the above number, or write this office.
Sincerely,
x3�.
Robert S. Brown, Director
Office of Land Management
Encl: Release No. 1416
An equal opportunity eaiployer
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LEGAL DESCRIPTION FOR VACATION OF
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All that part of the public highway as
dedicated on the plat of GATEWAY
NORTH, recorded as Document Number
451279, Carver County, Minnesota, lying
(�I southerly of the westerly extension of
i i I the north line of Lot 2, Block 2, said
L 1 J plat.
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Design File: Checked By:
160199 Deo Alliant Engineering,Inc.
Owg Name: Drawn By: PUBLIC HIGHWAY VACATION EXHIBIT 233 Park Ave S,Ste 300
Hwy Vac DPE CARVER COUNTY Minneapolis,MN 55415
612.758.3080 MaN
Date: scale: CHANHASSEN, MINNESOTA612.758.3099 FAX
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF PUBLIC RIGHT OF WAY
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday,August 14, 2017, 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 dedicated on the recorded plat of GATEWAY NORTH, Carver County,
Minnesota, described as follows:
All that part of the public highway as dedicated on the plat of GATEWAY NORTH,recorded as
Document Number 451279, Carver County, Minnesota, lying southerly of the westerly extension
of the north line of Lot 2, Block 2, said plat.
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 August 3 and 10, 2017)
c:\users\jeans\appdata\local\microsoft\windows\temporary internet files\eontertt.outlook\toltpzihn\ph notice to paper-final(2).doc
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
July 28, 2017, 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 Public Right of Way dedicated on the recorded plat of Gateway North,
Planning Case No. 17-12 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.
Kim T. Me issen, Deputy Jerk
Subscribed ands orn to before me LA STEALING
this X11 day of L 2017.
blic-Minnesotan
Expiraa Jan 31,21019
Notary Public
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF PUBLIC RIGHT OF WAY
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, August 14, 2017, 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 dedicated on the recorded plat of GATEWAY NORTH, Carver County,
Minnesota, described as follows:
All that part of the public highway as dedicated on the plat of GATEWAY NORTH, recorded as
Document Number 451279, Carver County, Minnesota, lying southerly of the westerly extension
of the north line of Lot 2, Block 2, said plat.
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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 August 3 and 10, 2017)
gAeng\vacations\west park pc I7-12\ph notice to mail-final(2).doc
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: August 14,2017 RESOLUTION NO: 2017-XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC HIGHWAY DECIDATED ON THE RECORDED
PLAT OF GATEWAY NORTH
I
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 vacation of an easement for a portion of State Highway
No. 101 legally described on the attached Exhibit"A" ;
WHEREAS, the State of Minnesota previously turned back to the City, the portion of State
Highway No. 101 dedicated in the Gateway North plat; 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 highway.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chanhassen:
1. The portion of State Highway No. 101 legally described on the attached Exhibit A is
hereby vacated,pursuant to the conditions provided in this Resolution.
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 and sewer lines, water pipes, mains
and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain,repair,replace,remove, or otherwise attend thereto.
3. The City Clerk 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 a public
trail and drainage and utility easement, in a form approved by the City Manager by the fee owner of Lot
2, Block 2, Gateway Northover the property legally described in Exhibit A.
Passed and adopted by the Chanhassen City Council this 14`h day of August, 2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
EXHIBIT "A"
All that part of the public highway as dedicated on the plat of GATEWAY NORTH,recorded as
Document Number 451279, Carver County, Minnesota, lying southerly of the westerly extension of
the north line of Lot 2, Block 2, said plat.
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ALISSA 10HNSTON ANTHONY J DUNHAM ANTHONY M PAVLOVICH
8552 CHANHASSEN HILLS DR S 8650 APPLETREE LN 8640 APPLE TREE LN
CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9614
BARRY S& MICHELLE K ERVIN BERNICE L HUTCHISON BRAD H &CAROL M WILLMSEN
8525 CHANHASSEN HILLS DR S 4581 MANITOU RD 8510 WATERS EDGE DR
CHANHASSEN, MN 55317-8108 EXCELSIOR, MN 55331-9558 CHANHASSEN, MN 55317-9749
BRIAN & LOUANN KLINGELHUTZ BRIAN A& LOU ANN D KLINGELHUTZ BRIAN R SCHELLING
9731 MEADOWLARK LN 8860 KLEIN DR 8673 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-8626 WACONIA, MN 55387-4566 CHANHASSEN, MN 55317-9651
BRIAN W& KRISTIN A HOULE BRYAN J VAN NINGEN CARVER COUNTY
880 LAKE SUSAN DR 8686 CHANHASSEN HILLS DR N 602 4TH ST E
CHANHASSEN, MN 55317-9648 CHANHASSEN, MN 55317-9650 CHASKA, MN 55318-2102
CHANHASSEN GATEWAY PLACE LLC CHRISTOPHER & DEBORA K HOL COREY A ECKHOFF
PO BOX 10 8687 CHANHASSEN HILLS DR N 8502 WATERS EDGE DR
ALBANY, MN 56307-0010 CHANHASSEN, MN 55317-9651 CHANHASSEN, MN 55317-9749
DANIEL M & MELISSA L HERZOG DAVID S&JANICE A LUNDQUIST DILIP THAKKAR
8790 LAKE SUSAN CT 8705 MARY JANE CIR 8635 APPLE TREE LN
CHANHASSEN, MN 55317-9656 CHANHASSEN, MN 55317-9646 CHANHASSEN, MN 55317-9614
DONNA MICHELLE JOHNSON ERIC M CHINNOCK ERICA A BORGEN
8521 CHANHASSEN HILLS DR S 8600 APPLE TREE LN 8691 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9651
I
GARY R SCHULTZ GEORGE W& LESLIE GILMAN GREGG R&GERALDINE BARETTE
8507 WATERS EDGE DR 16293 CANDLEWOOD PKWY 8695 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-9749 EDEN PRAIRIE, MN 55347-2201 CHANHASSEN, MN 55317-9651
GREGORY JOHN HENKEL JEFFERY A ROBERTS JEFFREY RAYMOND SICHENEDER
8699 MARY JANE CIR 8708 CHANHASSEN HILLS DR N 8508 WATERS EDGE DR
CHANHASSEN, MN 55317-9646 CHANHASSEN, MN 55317-9650 CHANHASSEN, MN 55317-9749
JOHN S JACOBY REV TRUST JORDAN &ANGELA LEMM JUDITH A SLACK TRUST
8516 WATERS EDGE DR 861 LAKE SUSAN DR 8675 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9649 CHANHASSEN, MN 55317-9651
JUDSON E &JILL C SNELL JUSTIN A JACOBSON KATIE E WRIGHT
8694 CHANHASSEN HILLS DR N 8520 WATERS EDGE DR 8695 MARY JANE CIR
CHANHASSEN, IVIN 55317-9650 CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9646
KLINGELHUTZ FARMS LLC KURT D KLINGELHUTZ KYLE TIDSTROM
545 LAKE DR APT 4205 8630 APPLE TREE LN 8679 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-9323 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9651
MARK S &TRACY L KURVERS MATTHEW BECKER MICHAEL B &CATHERINE ANDERSON
8560 CHANHASSEN HILLS DR S 8698 CHANHASSEN HILLS DR N 8709 MARY JANE CIR
CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9650 CHANHASSEN, MN 55317-9646
MICHAEL K ROSS NELIA VON CLAN NORMAN &JACQUELINE ENGEL
8522 WATERS EDGE DR 8690 CHANHASSEN HILLS DR N 8699 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-9650 CHANHASSEN, IVIN 55317-9651
NORMAN C JR& KIMBERLY GRANT PAUL M & KATHLEEN S ROTHSTEIN PHILLIP G SURA
9021 LAKE RILEY BLVD 8610 APPLE TREE LN 8524 WATERS EDGE DR
CHANHASSEN, MN 55317-8650 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-
8 STEVEN & MAURA BARNET(" RYAN J TRUAX RYAN S PETTINGILL
8709 CHANHASSEN HILLS DR N 8517 CHANHASSEN HILLS DR S 8702 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-8333 CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9650
SKIP L ATKINSON SO VAN LY STATE OF MINNESOTA- DOT
8513 CHANHASSEN HILLS DR S 8509 CHANHASSEN HILLS DR S 395 JOHN IRELAND BLVD 631 TRAM
CHANHASSEN, IVIN 55317-8108 CHANHASSEN, MN 55317-8108 ST PAUL, MN 55155-1801
STEVE J &. MARY A PANENO STEVEN A& COLLEEN M SAPP STEVEN J & KIRSTEN STROMSNESS
8564 CHANHASSEN HILLS DR S 8669 CHANHASSEN HILLS DR N 8526 WATERS EDGE DR
CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9651 CHANHASSEN, MIN 55317-9749
TAYLOR D LAWRENCE THOMAS G KELLY TIEN HA
8714 CHANHASSEN HILLS DR N 8683 CHANHASSEN HILLS DR N 8682 CHANHASSEN HILLS DR N
CHANHASSEN, MN 55317-9650 CHANHASSEN, MN 55317-9651 CHANHASSEN, MN 55317-9650
TIMOTHY M DAVIS TROY&JENNIFER HOLASEK US WEST NEW VECTOR GROUP INC
8705 CHANHASSEN HILLS DR N 8556 CHANHASSEN HILLS DR S PO BOX 2599
CHANHASSEN, MN 55317-8333 CHANHASSEN, MN 55317-8108 OLATHE, KS 66063-0599
WALTER & MARIAN T PAULSON
8528 WATERS EDGE DR
CHANHASSEN, MN 55317-
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: August 14, 2017 RESOLUTION NO: 2017-XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC HIGHWAY DECIDATED ON
THE RECORDED PLAT OF GATEWAY NORTH
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 vacation of an easement for a portion of State Highway
No. 101 legally described on the attached Exhibit"A" ;
WHEREAS, the State of Minnesota previously turned back to the City, the portion of State
Highway No. 101 dedicated in the Gateway North plat; 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 highway.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chanhassen:
1. The portion of State Highway No. 101 legally described on the attached Exhibit A is
hereby vacated,pursuant to the conditions provided in this Resolution.
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 and sewer lines, water pipes, mains
and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain,repair,replace,remove, or otherwise attend thereto.
3. The City Clerk 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 a public
trail and drainage and utility easement, in a form approved by the City Manager by the fee owner of Lot
2, Block 2, Gateway North over the property legally described in Exhibit A.
Passed and adopted by the Chanhassen City Council this 14th day of August, 2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
i
EXHIBIT "A"
All that part of the public highway as dedicated on the plat of GATEWAY NORTH, recorded as
Document Number 451279, Carver County, Minnesota, lying southerly of the westerly extension of
the north line of Lot 2, Block 2, said plat.
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