3. Vacation Request for Buttercup Rd
CITY OF
CHAHHASSEN
j
----
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
FROM:
Charles Folch, Director of Public Works
Dave Hempel, Assistant City Engineer ~
May 19, 1997
DATE:
SUBJ:
Continuation of Public Hearing for Vacation of a Portion of Buttercup Road in
Outlot A, McGlynn Park Second Addition - File No. 96-6 Vacation
A public hearing was held on November 25, 1996 to discuss this item. At that meeting the City
Council tabled action on the vacation pursuant to staff's recommendation so that a couple of
housekeeping items could be addressed with the applicant. Staff is now bringing this item back
before the City Council for approval of the vacation. The City has received the necessary
easement documents for the extension of Coulter Boulevard. Therefore, there is no public
interest in maintaining Buttercup Road which is a paper street through the plat of McGlynn Park
Addition. It is therefore recommended that the City Council vacate that portion of Buttercup
Road, also known as McGlynn Road, legally described on the boundary survey prepared by
Demars Gabriel dated June 17, 1996, revised October 1, 1996.
ktm
Attachments: 1.
2.
City Council minutes dated November 25, 1996.
Staff report dated November 20, 1996.
c: Dan McGlynn, Shamrock Properties
g:\eng\dave'cc\buUercup vacation I.doc
OfFICIAL ENGiNEERING COpy
Received
RevisIon No.
Approved by City Eng\i\8Cr
. /J1 s-- IC:;- eo
Date ...::::--r
Approved by City Council
Date ~
City Council Meeting - November 25,1996
Acting Mayor Dockendorf: Let's move back to item number 2.
PUBLIC HEARING: CONSIDER VACATION OF A PORTION OF BUTTERCUP ROAD IN OUTLOT A.
MCGLYNN PARK SECOND ADDITION.
Charles Folch: Thank you. At first approach to this, staff thought it looked relatively straight forward.
Unfortunately in the last couple days leading up to this Council item, some minor details have come up that need
some time to actually be clarified. Staff has had some discussions late today with the applicant and we don't see any
problem getting these matters resolved. It's just a matter if they're going to take some time. So what the applicant
has supported with staff is to recommend that we hold a public hearing tonight. Take any public comment that might
be here tonight and then basically table action on this item until we come back with the I's dotted and T's crossed for
you.
Acting Mayor Dockendorf: Is anyone here to address this issue? This is a public hearing. Ifnot, I'd like a motion
to close the public hearing.
Councilman Mason moved, Councilman Senn seconded to close the public hearing. All voted in favor and the
motion carried. The public hearing was closed.
Acting Mayor Dockendorf: Comments or questions from the Council.
Councilman Senn moved, Councilman Mason seconded to table the vacation of a portion of Buttercup Road
in Outlot A, McGlynn Park Second Addition. All voted in favor and the motion carried.
PUBLIC HEARING: LOTUS LAKE WOODS 2ND ADDITION. JOHN KLINGELHUTZ:
A. PRELIMINARY AND FINAL PLAT REQUEST TO REPLA TIRECONFIGURE THREE SINGLE
FAMILY LOTS LOCATED IN LOTUS LAKE WOODS ADDITION. LOCATED EAST OF DEL RIO
DRIVE.
B. VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED IN LOTUS LAKE WOODS
ADDITION.
Sharmin AI-Jaff: .. . subdivision. Typically we would process it administratively, but that would require a metes and
bounds description. The applicant wanted a clean description which forced us to bring this before you. The original
lines that are drawn in blue, I'm sorry. Yeah, in blue would have accommodated a house with a two car garage. The
applicant wanted three car garage houses which basically, shifting the lot lines 10 feet clockwise on three lots.
.. .original subdivision. There are conservation easements. Existing conservation easements so basically the trees
are not being impacted with this subdivision. With the original subdivision you approved a 25 foot front yard
setback. That variance is still part of this application. We are recommending approval with conditions outlined in
the staff report. The other part of this request is existing utility and drainage easements. These are typical drainage
and utility easements that are along existing property lines. As we shift the property lines, we're going to have
drainage and utility easements.. . are being dedicated so we are recommending approval of the vacation as well.
Thank you.
Acting Mayor Dockendorf: Thank you. Questions. Okey dokey. This is a public hearing. I'll open that. Would
anyone like to address this issue? Ifnot, may I have a motion to close the public hearing?
Councilman Senn moved, Councilman Mason seconded to close the public hearing. All voted in favor and the
motion carried. The public hearing was closed.
Acting Mayor Dockendorf: Comments Steve.
Councilman Senn: Move approval.
25
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
C ITV OF
eRAIRASSEI
~
TO:
Charles Folch, Director of Public Works
David Hempel, Assistant City Engineer ~
November 20,1996
ActIon by City Administrator
Endorsed V' ~...u A:-
Modified
Rejected
Date [I-Zl-.q~
Date Submitted to Commission
MEMORANDUM
FROM:
DATE:
- Date Submitted to Council
/ /-;)...~-q ~
SUB}:
Consider Vacation of a Portion of Buttercup Road in Outlot A, McGlynn Park Second
Addition - Vacation File No. 96-6
Staff has received an application from Shamrock Property Partners, owners of Outlot A, McGlynn Park
and McGlynn Park Second Addition. The applicant is requesting to vacate a portion of Buttercup Road
(McGlynn Rd.) lying west and south of the existing McGlynn Road and north of Coulter Boulevard. The
attached boundary survey prepared by Demars-Gabriel dated June 17, 1996 denotes the proposed vacation.
Staff is recommending approval of the vacation since the right-of-way (paper street) is no longer needed.
In addition, the adjacent properties are in outlot status so when the parcels are subdivided in the future, a
new road right-of-way will be dedicated at that time.
Over the past summer, the City has extended Coulter Boulevard easterly from the school to Audubon Road.
Part of COulter Boulevard encroaches Outlot A of McGlynn Park. Staff is recommending that the vacation
of Buttercup Road be conditioned upon trading right-of-way for Coulter Boulevard which lies along the
southerly portion of Outlot A as shown on the attached boundary survey. The portion of Buttercup Road
proposed to be vacated equals 36,880 square feet. The proposed area to be dedicated as requested by staff
(Coulter Boulevard) totals 21,600 square feet.
It is therefore recommended that the City Council vacate that portion of Buttercup Road, also known as
McGlynn Road, legally described on the boundary survey prepared by Demars- Gabriel dated June
17,1996 ,revised Oct 1, 1996 conditioned upon the applicant dedicating aBOft. wide right-of-way for
existing Coulter Boulevard through Outlot A, McGlynn Park.
jms
Attachment: 1.
2.
Application for Vacation and boundary survey
Affidavit of Mailing Notice.
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c: Karen Cole, Pophanl Haik
Shamrock Properties
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POPHAM HAIK
SCHNOB RICH 8c KAUFMAN, LTD.
MIAMI, FL.O"IDA
TEL 30!l-!l30-00!l0
PIPER JAFFRAY TOWER, SUITE 3300
222 SOUTH NINTH STREET
MINNEAPOL.IS, MINNESOTA 55402-3336
TEL. 612-333-4800 . FAX 612-334-8888
WASHINGTON, 0 C.
TEL 202-824-8000
DENVER. COL.ORADO
TEL 303-883-1200
INT~f1fNA.T'ONA.~ AFFILIATION:
BEIJING, CHINA
TEL. OI18l51-SI3!S281
KAREN R. COLE, ESQ.
DIRECT DIAL (812) 334-2501
November 6, 1996
Mr. David C. Hempel
Assistant City Engineer
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
CITY Of ~HANHASSEN
ill~@~~W~lID
NOV 07 1996
Re:
Shamrock Property Partners
Our File No.: 23567-007
EMGINEERIHG DEPJ9
Dear David:
Our office represents Shamrock Properties, which requests City approval for the
vacation of a segment of Buttercup Road in Outlot A, McGlynn Park Second Addition which
will not be needed for use as a roadway.
Enclosed please find a completed application form, and a check in the amount of $150
for the application fee. Also please find enclosed the other material required by the City for
vacation of a roadway.
We would appreciate being placed on the Council agenda for the next possible
Council meeting.
538/18109434 11/6/96
Mr. David C. Hempel
November 6, 1996
Page 2
Please call if you require anything further or have any questions.
Very truly yours,
\z~~
Karen R. Cole
KRC:eal
cc: James R. Steilen
Enclosures
538/18109434 1116/96
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 ~ue~.y' \ ~ , 19q to ,
the duly qualified and acting Deputy Clerk of the City of Chan-
hassen, Minnesota; that on said date she caused ~o be mailed
a copy of the attached notice of
~~
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
befoFe me this ~ day
of , 19~
@-~ KIM T. MEUWISSEN
J} NOTARY PUBUC - MINNESOTA
CARVER COUNTY
My Commission Expires Jan 31, 2000
CAR VER COUNTY ABSTRACT AND TITLE CO., INC.
201 Chestnut 51. N.
P.O. Box 106
Chaska. MN 55318
FAX (612) 448-5155
David E. Moonen
(612) 448.5570
Dale B. Kutter
July 15, 1996
Popham & Haik Law Office
3300 Piper Jaffry Tower
222 So 9th St.
Mpls., MN 55402
Attn: Karen Cole
According to the 1996 Tax Books in the Carver County Treasurers Office the
following persons are listed as owners of the property within Carver County,
Minnesota, which lies within 500 feet to the following described property:
Outlot A, McGlynn Park;
Outlot A, McGlynn Park 2nd Addition
1.
McGlynn Bakeries, Inc.
c/o Grand Met Tax Dept
200 S 6th St
Mpls., MN 55402
5.
Hi-Way 5 Partnership
c/o Dennis Dirlam
15241 Creekside Ct
Eden Prairie, MN 55344
2. Michael J. Gorra 6. PRN Music Corporation
1680 Arboretum Blvd 7801 Audubon Rd
Chanhassen, MN 55317 Chanhassen, MN 55317
3. Leander P & Patricia L Kerber 7. Alfred A Iversen
1620 Arbortetum Blvd PMT Corporation
Chanhassen, MN 55317 1500 Park Rd
Chanhassen, MN 55317
4. David & Juliann Luse
15195 Martin Dr 8. Chanhassen HRA
Eden Prairie, MN 55344 690 Coulter Dr. PO Box 147
Chanhassen, MN 55317
rver County A stract & Title Co., Inc.
This company does not assume any liability for the accuracy of this report.
NOTICE OF PUBLIC HEARING
PROPOSED VACATION OF RIGHT -OF- WAY EASEMENT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, November 25, 1996 at 7:30 p.m. in the Council Chambers in Chanhassen
City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of
Shamrock Property to vacate a segment of an existing right-of-way on Buttercup Road located
south ofT. H. 5, west of Audubon Road and north of Coulter Blvd. within Outlot A, McGlynn
Park and Outlot A, McGlynn Park 2nd Addition.
A plan showing the location of the proposal is available for review at City Hall during
regular business hours.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
David C. Hempel, Asst. City Engineer
Phone: 937-1900, ext. 123
(Publish in the Chanhassen Villager on November 14, 1996)
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