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CAS-12_VACATION OF EASEMENTS & ROWI STATE OF MINNESOTA ss COUNTY OF CARVER Document No. A662273 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -May 21, 2018 12:13 PM Fee:S46.00 CERTIFICATION IIIII IIIII (IIIII III Kaaren Lewis County Recorder I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2017-55 "Vacating Public Highway Dedicated on the Recorded Plat of Gateway North" adopted by the Chanhassen City Council on August 14, 2017 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 15t° day of February, 2018. SCANNED Kim Deputy CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 14, 2017 RESOLUTION NO: 2017-55 MOTION BY: McDonald SECONDED BY: Ryan 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 141 day of August, 2017. ATTEST: O-A T d Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Tjomhom Campion Denny Lauf burge , Mayor EXHIBIT "A" ABSENT None 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. 41 • • Ioso4 �rc<.vtce 4vc S I i ft10 55tf31 .5I-"Rlr+ o/owo- aia---4et, J Thomas J. Campbell Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Kurt S. Fischer Matthew K. Brokl Grand Oak Office Center I 860 Blue Gentian Road Suite 290, Fagan, MN 551 651452-5000 Fax 651-234-6237 www.ck-law.com i • CAMPBELL KNUTSON Professional Association October 10, 2017 Is. Stephanie Smith roject Engineer to City of Chanhassen .O. Box 147 .hanhassen. MN 55317 West Park Development Ms. Smith: I received the two original recorded Resolutions back from the County (Resolutions 2017-48 and 2017-49) separate from the other documents and have enclosed them with this correspondence. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean Olson, SCANNED CITY OF CHANHASSEN RItCENED OCT 1 3 2017 ENGMEM1t3 DEFT. 194674v2 I Document 1* A651689 STATE OF NUNNESOTA ss COUNTY OF CARVER OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -September 14, 2017 2 47 PM Fee.$46.00 III11111111111111111 Kaaren Lewis 651689 County Recorder 160111T1 II�L[N1LIl! 17�1 I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2017-48 "Vacating Public Drainage & Utility Easements on Lot 1, Block 1, Gateway North" adopted by the Chanhassen City Council on July 10, 2017 with the original copy now on file in my office and have found the same to be a true and correct copy thereof Witness my hand and official seal at Chanhassen, Minnesota, this 12'' day of July, 2017. Kim T. Meuwissen, Deputy 10, Jerk i CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-48 MOTION BY: McDonald SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 1, BLOCK 1, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park. Passed and adopted by the Chanhassen City Council this 10 day of July, 2017. ATTEST: T dd Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Tjomhom Campion zoiot6 �= - Denny La enburger, Mayor ABSENT None EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. STATE OF MINNESOTA ss COUNTY OF CARVER Document $1. A651690 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -September 14, 2017 2:47 PM Fee: $46.00 I I IIIIIIIII III Kaaren Lewis 651690 County Recorder CERTIFICATION I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2017-49 "Vacating Public Draining & Utility Easements on Lot 2, Block 2 and Outlet A, Gateway North" adopted by the Chanhassen City Council on July 10, 2017 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 12'h day of July, 2017. KimIT. Meuwissen, Dep erk cr3 i Lu °o (� L � /O CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-49 MOTION BY: McDonald SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 2, BLOCK 2 AND OUTLOT A, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: I. The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park 2"d Addition. Passed and adopted by the Chanhassen City Council this 10te day of July, 2017. ATTEST: odd Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Tjormhom Campion zM*07zl"4W Denny La nburger, Mayor ABSENT None EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. CITY OF CHANHASSEN CARVER COUNTY, MI NESOTA DATE: August 14, 2017 RESOLUTION NO: 2017-55 MOTION BY: McDonald SECONDED BY: Ryan 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 14a' day of August, 2017. BCANNEn ATTEST: 4 Ae A �-Uw T d Gerhardt, City Manager YES Laufenburger McDonald Ryan Tjornhom Campion 0 —a Denny Lauf burge , Mayor NO None EXHIBIT "A" ABSENT None 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. CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2017 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Miron Marcotte Tom Bakritges, Homestead Partners Barry & Michelle Ervin 7240 Galpin Boulevard 6035 Culligan Way, Minnetonka 8525 Chanhassen Hills Drive So. Mayor Laufenburger: Thank you. Welcome to this council meeting to those of you present in the chambers this evening as well as those of you who are watching via Mediacom cable TV or through our website livestream. For the record please note that all council members are present this evening. Also City Manager and City legal counsel Roger Knutson. First item is to review the agenda. The agenda is printed. Council members are there any modifications to the agenda that you'd like to see this evening? Thank you. We will then observe the agenda as printed. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve City Council Minutes dated July 24, 2017 2. Receive Planning Commission Minutes dated July 18, 2017 Resolution #2017-54: Orchard Lane Area Street and Utility Reconstruction City Project 18-01: Accept Feasibility Study, Call Public Hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. PUBLIC HEARING: WEST PARK: APPROVE RESOLUTION VACATING OLD HIGHWAY 101 RIGHT-OF-WAY. Chanhassen City Council Ougust 14, 2017 • Mayor Laufenburger: Mr. Oehme, is this your's? Paul Oehme: It is. Mayor Laufenburger: Good evening Mr. Oehme. Nice to have you here. Paul Oehme: Mayor, City Council members, this is a requested vacation by the applicant is West Park development which is shown here in the red area. This is a new development that has been approved by the City Council and the vacation is the old right-of-way of 101 is shown right here. Here's a better illustration of the area in question to be considered for vacation. Back in I think it was 2009 MnDOT reverted this right-of-way back to the City because it was no longer necessary for 101 since 101 is relocated onto the west, or to the east in conjunction with the 212 project. The right-of-way for old 101 north of Lake Susan Drive became Waters Edge Drive here shown in yellow but the vacation area is shown here in the purple area which currently has private and public utilities in it and then also a trail as well. So the applicant is requesting that the right-of-way for this area be vacated and in conjunction with that the City staff is requesting that additional drainage utility easements and a trail easement be acquired in conjunction with this vacation so public and private entities can access this area. The vacated area would be incorporated in the plat for West Park 2nd Addition if it would be recorded. So with that just a general overview of the vacation. If there's any questions I'd be more than happy to try to answer them. Otherwise I'd request that a public hearing be opened at this time. Mayor Laufenburger: Alright before I open the public hearing, council members are there any questions of Mr. Oehme regarding this vacation of old Highway 101 right-of-way? Okay there being none. At this time I would like to open the public hearing. Anyone who would like to speak concerning the proposed resolution to vacate old Highway 101 right-of-way you may step forward and speak at this time. Alright there being none I will close the public hearing. Mr. Oehme for the record did you get any comments from citizens as a result of communications of this proposed resolution? Paul Oehme: Staff has not received any written comments. Mayor Laufenburger: Okay, alright. Let's move to questions. Council members, any questions of staff? Then I would be pleased to hear a motion of some sort. Councilman McDonald: Question Mr. Mayor. Do you want the motion that's on the screen or the motion that's in the packet? Paul Oehme: The motion that's in the packet. I think this was from the Planning Commission so the motion in the packet would be preferable. Mayor Laufenburger: Okay. Chanhassen City Council august 14, 2017 Councilman McDonald: I'll make a motion Mr. Mayor. Mayor Laufenburger: Thank you. Councilman McDonald: I would propose that the Chanhassen City Council approves rezoning of the property from Agricultural Estate. Paul Oehme: No, no. Mayor Laufenburger: Wrong one. Kate Aanenson: Yep. It's already been rezoned. I think the motion on the screen is correct because you're just doing the vacation. Paul Oehme: You're right. Councilman McDonald: Okay. That's why I asked. Then I'll recommend that the Chanhassen City Council adopts a resolution approving the vacation of public highway dedicated on the recorded plat of GATEWAY NORTH as described in Exhibit A. Mayor Laufenburger: We have a valid motion. Is there a second to that motion? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Resolution #2017-55: Councilman McDonald moved, Councilwoman Ryan seconded that the Chanhassen City Council adopts a resolution approving the vacation of public highway dedicated on the recorded plat of GATEWAY NORTH as described in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you. Paul Oehme: Thank you. FAWN HILL — 7240 GALPIN BOULEVARD: APPROVE REOUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT (RLM); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR: AND PRELIMINARY PLAT WITH VARIANCES. CCITY OF CHANHASSEN Chanhassen is Community for Life-ProvidingforTodayand PlanningforTomorrow MEMORANDUM TO: Paul Oehme, Director of Public Works/City Engineer YJv FROM DATE: SUBJ: August 14, 2017 Stephanie Smith, Project Engineer 1 Ott 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 to keep right-of-way no longer used for their highway, the City received a release by order of the 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 Drive became Waters Edge Drive. The portion of old Highway 101 south of Lake Susan Drive and north of TH 212 is vacant. The City does not intend to build a public road within this vacant right-of-way. Public utilities for sanitary sewer and watermain are located within this right-of-way as is a portion of City r,7"1 Private utilities are also located within this right-of-way. ecAMED PH 952.227.1100 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 applicant will be required to dedicate drainage and utility easements over the vacated area, so the City and private utility owners can still construct and maintain utilities in this location. The applicant will also be required to dedicate a trail easement for the existing public trail. The applicant intends to include the vacated area in the final plat of WEST PARK 2ND ADDITION. The applicant 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 ` N (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 I I I .- 3. Proposed Vacation Exhibit 4. Preliminary Plat of WEST PARK 2ND ADDITION 5. Published Notice of Public Hearing & Affidavit of Mailing 6. Resolution gAcng\vaca[io \west park pc 17-12\170814_cc_vacalim m .dacx sNESO>, Minnesota Department of Transportation ��y�s Transportation Building i 395 John Ireland aoulevard 7CFwpa Saint Paul, Minnesota 55155-1899 Maint. Area - Metro Release No. 1416 Control Sections 1009, 1017 NOTICE OF RELEASE OF TRUNK HIGHWAY 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 (NW114NW1/4) 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 and there terminating. This release to be effective as of October 1. 2009. Dated t �o —ZL c % 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 �sNWNEso,' Minnesota Department of Transportation ;° Transportation Building �, 395 John Ireland Boulevard �a'TWPH Sainl Paul, Minnesota 55155-1899 September 15, 2009 651-366-3469 Paul Oehme City Engineer PO Box 147 Chanhassen, MN 55317 In reply refer to: Control Sections 1009, 1017 County of Carver 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 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 (NW1/4NW1/4) 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 and 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, '/�'z 6t—z� Robert S. Brown. Director Office of Land Management Encl: Release No. 1416 An equal opportunity employer FRxors•n NdM7Y MAP vrrwli.+ •-•• GA TEWA Y NORTH R(AN' CF ..,.; Pf.., --------------------- 2 J' , r \ \ aAly I I �•(. :..�Rg ', is ?: 'I ' I ¢iB6sda' YE MLW lMNNYNa lot n r for Mw W Owl•. \s'vwnYt M I MM.Ib1T 57-7 a rrn \ • _6U:'h' Nl::N'J._, ! ... _ n.N..:. a s a:.ccK T m II .) I Fee: Y/u;:fus .I lr;:... or W ` L"ru;:xA s£ry HIIU,, it, xw r ea- m x.r i- �) o o.nx.. r/TSr.' le. mwmnr a•e� �A • o.norw .vn mvivn.ne wvw f' �,• Mem ugJr Y,n mmwnw.r /wne i^ u,• —e— wmx. o...e .mna ro uxoe, � \� xAaras .we enso a mt Irzsr uxr a mr L '�� II[xr xus a rrt xmmll[sr a�wrtn tr \�• 4[I H rOXM9PV I.6PN(1P M. PAN2 SJ KJ, WRYI 5 ASiLMO PCY SM°O, YSi. y"• % C, .rr •''•^ ,.sirs '_ iwl M Mwwr No toy l rnd:'.� .3' - I " wS'Ewv , !. // 6 Vkstwood hofWMM swvi ,K i i i 1 � i _i `-N. LINE L07 2, BLOCK 2 11 1♦ I � i -- ♦� `--NW COR. LOT 2, BLOCK 2 / ` --- WILY EXTENSION OF THE N. LINE OF LOT 2, BLOCK 2 — J • I LEGAL DESCRIPTION FOR VACATION OF -- `♦ ♦'� PUBLIC HIGHWAY All that part of the public highway as -- T dedicated on the plat of GATEWAY NORTH, recorded as Document Number _ I 451279, Carver County, Minnesota, lying ♦, • �I southerly of the westerly extension of the north line of Lot 2, Block 2, said L 1 J I plat. T` I / \NN/ j _1- 0 30 60 120 NNN N SCALE IN FEET - p.WW davaear rae199 qep magineeA nl Erng,Inc. PUBLIC HIGHWAY VACATION EXHIBIT 233 Park Aw S. Ste 300 MN 55415 D"w"': ne..r By,Minneapolis, rwrvec OPE CARVER COUNTY CHANHASSEN, MINNESOTA 612.758.3080 ru4e 612.758.3099 FM °e1e snnn t-ep www.aplam-inc.com Z. • (133tltld HIHON) IVId AUVNlnll3tld 51F- F 1tl111NSOSltljd AmyNmn3tld iwill Y10S3HN111 'N355YNNYHJ e j j a HtlVd1S3M , v a a a a a a a a a a a a a a a a a a s c ��aa:as5s��333�3333��f aY MRbf6 C} J I r' q N e q z eelell!ID!lleeAelellelejfe�ll�Rfe�Heei'aelQmeleelee!lI�S1��!!�!�®ee®e a 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\jeanslappdataUlmal\microsoft\%indow Ntemporary intemet files\content.outlookWhpzihn\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, Subscribed ands orn to before me this,!,j} day of , 2017. Notary Public Deputy J' ,JEAN M. S"OKL'NG 1 Notary p�plfc-Minnesota E�yw ,{tl, 31, 9"9 Yr �^ 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. .ue�nraam, I I I I I I I uan n. I I I I • I I I I I I v 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) g1cn.\vaca1ions\west park pc 17-12\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 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'° 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. 0 ALISSA JOHNSTON ANTHONY 1 DUNHAM ANTHONY M PAVLOVICH 8552 CHANHASSEN HILLS DR S 8650 APPLETREE LN 8640 APPLE TREE LN CHANHASSEN, MN SS317-8108 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9614 BARRY 5 & 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 9673 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 5 & 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 5 8600 APPLE TREE LN 8691 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9651 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, MN 55317-9650 CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9646 KLINGELHUTZ FARMS LLC KURT D KLINGELHUTZ KYLE TIDSTROM 545 LAKE DR APT #205 8630 APPLE TREE LN 8679 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9323 CHANHASSEN, MN 55317-9614 CHANHASSEN, MN 55317-9651 MARK 5 & TRACY L KURVERS MATTHEW BECKER MICHAEL B & CATHERINE ANDERSON 8560 CHANHASSEN HILLS DR 5 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 GLAN 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, MN 55317-9651 NORMAN C 1R & KIMBERLY GRANT PAUL M & KATHLEEN 5 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- R STEVEN & MAURA BARNETT 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 OR S 8509 CHANHASSEN HILLS DR S 395 JOHN IRELAND BLVD 631 TRAN CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-8103 ST PAUL, MN 55155-1801 STEVE 1 & MARY A PANENO STEVEN A & COLLEEN M SAPP STEVEN 1 & 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, MN 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 0 0 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 140' 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. 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 (Published in the Chanhassen Villager on Thursday, August 3 and 10 2017' No. 4491) SCANNED Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.L/L/ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Laurie A. Hartmann Subscribed and sworn before me on thisi d of 2017 OWYCOMMONOR-F801131P8 JYMME JEANNET1 E BARK NOT.AW F�[= - M;NNESOTA N tblic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch 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) SCANNED c:\users\jeans\appdata\lmal\microsoft\windows\temporary intemet files\content.out1ook\t0hpzihn\ph notice to paper -final (2).doc rI 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. Subscribed and om to before me this51&4- day of Lt, 2017. Notary Public SCANNED J#N :=bk STECKLING -Minneotaw EzphW Jan 31, 2 0 19 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. I xi p?P L012 0.C1X S n.:eY Y lC, 2 YOfi , -I �.W-,m i i i N 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) gAcnglvacations4t park pc 17-12tph 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 31I:Y I[�7Te7:11 Y �1:`l:�`i�[�ls C 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 14d day of August, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT I-W4i111.3IIlwilw 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. KATHERINE FISHER RACHEL POPKEN NANCYJO PERKINS-BROOKS 6461 ORIOLE AVENUE 2460 64T" STREET W. 2448 64T" STREET W. EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MICHELLE M CURTIS WAYNE PETERSON JUSTIN MILLER 2446 64T" STREET W. 2444 64T" STREET W. 2445 6e STREET W. EXCELSIOR, MN SS331 EXCELSIOR, MN SS331 EXCELSIOR, MN 55331 RUSSELL & LYNN PAULY GARY & MARIE BRIDGE DONALD & ANNETTE DUEFFERT 2447 64T" STREET W. 2449 64T" STREET W. 245164T" STREET W. EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 GARY SCOTT REED GARY & JANET REED 247164T" STREET W. 246164T" STREET W. EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 ALISSA JOHNSTON ANTHONYJ DUNHAM ANTHONYM 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 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, MN 55317-9650 CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9646 KUNGELHUTZ FARMS LLC KURT D KLINGELHUTZ KYLE TIDSTROM 545 LAKE DR APT#205 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 GLAN 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, MN 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- R STEVEN & MAURA BARNETT 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 TRAN CHANHASSEN, MN 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, MN 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: July 10, 2017 RESOLUTION NO: 2017-48 MOTION BY: McDonald SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 1, BLOCK 1, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park. Passed and adopted by the Chanhassen City Council this 10te day of July, 2017. ATTEST: 4�n 'A - T dd Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Tjornhom Campion zfm-4 (le-f - Denny La enburger, Mayor 49 ABSENT None WANNED 1 EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-49 MOTION BY: McDonald SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 2, BLOCK 2 AND OUTLOT A, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park tad Addition. Passed and adopted by the Chanhassen City Council this 10d' day of July, 2017. ATTEST: �1z.,/ odd Gerhardt, City Manager Denny La nburger, Mayor YES NO ABSENT Laufenburger None None McDonald Ryan SCANNED Tjomhom Campion EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. Chanhassen City Councill—puly 10, 2017 • with Rosemount, Inc., a Subsidiary of Emerson Electric Company; and authorizes the application for funds available through the Minnesota Department of Employment and Economic Development, Minnesota Investment Fund and Job Creation Fund programs. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Mr. Harstad, best of luck to you. We look forward to seeing your continued partnership with the City of Chanhassen. And by the way you do a good job of supporting our activities here in Chanhassen as well and it's good to see your name. Emerson or Rosemount, either one so. Brian Harstad: Thank you. Mayor Laufenburger: Thank you very much. Thank you Ms. Petersen. Is that resolution available for me to sign or will I do that tomorrow? Chelsea Petersen: We'll have that for you tomorrow. Mayor Laufenburger: Okay, thank you. WEST PARK: A. APPROVE REZONING FROM RSF AND PUD TO PUD-RESIDENTIAL, PRELIMINARY PLAT, SITE PLAN, AND A VARIANCE FOR AN 82 UNIT TOWNHOME DEVELOPMENT AND APPROVE SUMMARY ORDINANCE. B. PUBLIC HEARING: VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT. Mayor Laufenburger: Staff report please. Is this your's Ms. Aanenson? Alright thank you. Before you begin that, there's some people standing. You're certainly welcome to come in. There's some chairs over here if you'd like to come in and, I give you permission to walk in front of others while you're doing that. Thank you very much. Ms. Aanenson. Kate Aanenson: Thank you. Thank you Mayor, members of the City Council. This request is West Park. It went before the Planning Commission on June 201 and the applicant is Pulte Homes. Paul Heuer is here with his engineer and then owner Brian Klingelhutz and, I did see Brian in the back of the room so. The request is actually a number of, to make this project happen there's a number of requests involved. A rezoning and a PUD ordinance. Site plan review. A subdivision. A variance setback and vacation of drainage and utility easements. So when this item went to the Planning Commission and the public hearing was held some of the members of the public raised concerns regarding the setback of the PUD and then also the amount of density. So the staff is kind of going to go back and tell a little bit more of the story of how we got to this project in and of itself. I know the applicant did have a neighborhood SCANNED I Chanhassen City Counciloy 10, 2017 • meeting and maybe not all the questions were answered but we'll spend a little bit more time reviewing how we got to this project today. So again the subject site is on, off of Great Plains Boulevard, Waters Edge and just south of the Lake Susan Drive extension. So in looking at this property back in 2008 when all this area was in flux, let me just, so a little bit more about the conditions excuse me. The barn is on the property. The Klingelhutz family farm and then we also have the Gateway apartment building there. So this goes back to when we in 2008 when all this property was in flux and looking at the land use in the area, there was concern about the rapid change with 212 coming through. People on Lake Susan Drive concerned about traffic potentially going down their street. What would happen with the Kwik Trip and the park and ride, how would that impact the area so we worked with a consultant and we went through all the specific properties and identified some land uses. In looking at the property one of the issues that was raised by the Klingelhutz family was the concern regarding this medium density. As you recall we recently approved that for the Mission Hills Assisted Living Senior Housing project. When we looked at this entire area one of the recommendations was the underlying family, the Klingelhutz family wanted to keep that commercial. They really felt strongly about that but when 212 came through the actual commercial moved south where the Kwik Trip is today. So they were reluctant to have that. One of the discussions we had was talking about some potential higher density there so we were pleased that we found a good transition between the Mission Hills and the senior housing. But that left this other piece that the Klingelhutz family owned that had 3 different zoning on it. So over the years with that land use mix we met with a lot of different developers and that's the story we probably didn't clearly state at the Planning Commission and some of the projects, while they met the intent we felt didn't meet, based on those meetings we had in 2008 what we heard from the neighborhood. So if you look at this project there's a lot of driveways along the perimeter and coming out on Waters Edge so those were twin homes but they also had a lot of driveways so we looked at also had 93 units so we felt like this did not meet the goal. While it spread the density out it also created a lot more traffic patterns along Waters Edge Drive. So this property again is butted between a state highway 101 and then the Waters Edge Drive which is a dead end cul-de-sac. One of the other projects we looked at again the family looking at trying to stay with the senior housing. Maybe the same developer moving across the street or other people also interested in senior housing so we had a proposal for a senior housing unit at that time trying to save the barn and using that for a recreation facility and there was a lot of talk with the City. Whether or not the City wanted it. The parks and rec department that didn't want to use it as that. We were concerned about if the, who would operate it. The senior coop, would they be the operator. How would it run? How would it fit into the neighborhood and so the staff felt again that this didn't meet it again with the additional 70 parking stalls. So our goal again going back to looking at what we believe was the intent of the neighborhood meetings that we had back so one of the goals when we started working with Pulte on this project was looking at how this project fit into the surrounding neighborhood. This is in the shoreland district so there is height and open space requirements when you do a PUD in the shoreland district so that was some of the impediments as you recall. It also affected the senior housing project across the street where we had to meet the height requirements there so it was a really challenging piece and I know the Klingelhutz family have worked on this for a number of years to try to get the right project to land on this site. So 4] Chanhassen City Councilluly 10, 2017 • working with Pulte Homes and what we felt a project that met the goals. Not putting all the density on the higher end. Averaging that density out to less than the medium density height or density requirements. We felt that this met what we heard from the neighborhood at the time so all the driveways or the garages are internal so there's no driveways going out except for the access points. You have a homeowners association. It's overall balanced. Again the density's not pushed into one area and then also they picked up the southern piece so it's all a nice PUD. All included instead of leaving a remnant piece to come back later so in the staff opinion we thought this was the best proposal we had seen over the last few years and that is why we worked hard. Sharmeen Al-Jaff on our staff worked hard with Pulte Homes to get a good project and pushed them on their architecture and the like and we're pleased with the way the project has turned out. So again the access coming off of Great Plains Boulevard or 101 would be off of Lake Susan Drive. Two points coming in and we worked with the Gateway Apartments to use that existing access to come in so it's a nice T intersection there for great visibility and then just one access point then off of the Waters Edge Drive, again limiting the traffic there on that road. Especially with garage and a lot of people backing out so it gives you that controlled intersection so we thought was a good response to the concerns that we had. There was guest parking. Is guest parking provided in the site? Some of the concerns that the Planning Commission had. Was there enough guest parking and how would that be accommodated? Again the driveways are deep enough that we believe with the guest parking out there that it should be sufficient. The other thing as I mentioned working with the architectural standards, because this is a PUD we're setting up PUD standards and those are a part of what you'll be approving tonight in the PUD ordinance itself. As a part of that there's colors, materials. I have material boards here but this drawing illustratively shows the materials being presented. In addition there is, there'll be windows in the garages. Again we think that's another nice element of making it aesthetically pleasing. This is a view from the back. This would be on Waters Edge Drive looking in so this would be the street coming in. So the PUD itself, we had put the buffer in there. When you're against low density to low density, or medium to low density we believed and working with Pulte and the products that they had seen as the, they introduced this product into Plymouth. People want the additional sun room, that we felt that the variance into that setback. Again a PUD is you can set that setback as you want it but the way our ordinance is written it would require the variance and we support it based on the way the product lays out. The fact that they have the internal street connections and all the garages on that inside so this would be the most aesthetic side of the building for the neighbors to look at. Again heavily landscaped. Again one of the positives things that we liked about this project is combining all the parcels together. Is that there'll be a nice HOA. They put a nice amenity package in there which is under the PUD ordinance. Not every ordinance requires this but the public gathering space for the association itself so that's shown here in the fire pits. The decorative street lighting and the landscaping itself. Again trying to match the entrance that we've got on the other corners of the 101 and 212. So one of your actions then tonight is approving the preliminary plat and the number of lots. The private streets and the parking. That's all part of that. There's also a vacation with this project so the lot itself, there's 9.8 acres. 82 lots and 8 outlots. The 82 lots will be townhouses. Outlots A and D are private streets and B, C, E and F are also open space or finding that space for the stormwater. One of the questions that came up at the neighborhood meeting was regarding the 10 Chanhassen City Councilouly 10, 2017 • parks so in this situation because they're within the Park and Rec Director reviewing this with the park commission said that in the circumstance they didn't want additional park property. That they would take the park and trail fees and no additional trails or parks because they're within that 1 mile radius. I think there was some concerns from the neighbors raised that maybe the park, existing parks were crowded but we're going by what the recommendation from the park commission and the park director. So the easement vacation. We've included both the motions in this but the easement vacation, this does require a public hearing so. Mayor Laufenburger: Ms. Aanenson let me just stop you there. Kate Aanenson: Yes. Mayor Laufenburger: Just from a procedural standpoint we'll deal with the vacation in a separate motion because that requires a public hearing. Are you okay with that? Kate Aanenson: Yes I've got them all in one motion. I guess we've done this before where we would just open the public hearing for that specific item to talk about the vacation. Mayor Laufenburger: You're okay with that? Kate Aanenson: Yeah that's how we've got that, if that's alright with you. Mayor Laufenburger: Oh okay. Okay. Kate Aanenson: We've got it in one motion. Mayor Laufenburger: Okay. We can do that. Yeah we can do that. Kate Aanenson: The reason being is you'd have to, in order to approve the plat you'd have to do the vacation first so I think it's for us I guess to explain to you it's kind of putting it all together. I'll break it out separately where the public hearing would be. Mayor Laufenburger: Alright let me just check something. Kate Aanenson: Yep. Mayor Laufenburger: Mr. Knutson is it acceptable for us to have all 5 elements of the motion in a single motion following the public hearing for the vacation of utilities? Roger Knutson: Yes it is Mayor. Mayor Laufenburger: Thank you. That's all I needed. Alright Ms. Aanenson, continue. 11 Chanhassen City CounciAuly 10, 2017 • Kate Aanenson: Thank you. So there are easements there. As you recall when 212 got built and 101 there's additional easements there. Right now for the vacation of the old 101 which kind of runs behind, you can see back here. That takes a number of years to get vacated so what we're vacating right now is some existing easements and West Park 2nd Addition and then they'll dedicate new easements so the easement, the public hearing then is for the vacation of the easements. There's no public hearings required for the rest of it. Those public hearings were held at the Planning Commission regarding the variance and the like so that's the vacation and then there'll be platting new easements. So again this is how it would look with the new easements. We talked about that for the streets. The open space. The stormwater and the like. There'll be private streets internally. So with that the two drainage easements are at the end but at this point mayor I would suggest that you would open then the public hearing to talk about, if anybody has comments on the drainage easements. Mayor Laufenburger: Okay. Before we do that are there any questions from the council to the staff regarding the vacation of the utilities? Okay, then at this time I would like to open the public hearing specifically on the item, could you raise that up? Go to your second page. The motion. Kate Aanenson: Oh sure. This right here. It's these two correct. Mayor Laufenburger: Okay so it's the bottom two. Kate Aanenson: That's correct. Mayor Laufenburger: Right so at this time I'd like to open a public hearing specifically on the vacation of public utility easements in the developer known as West Park. If there's anybody present in the council chambers that would like to speak regarding that, now would be a good time to address the council. Ahight there being none I will close the public hearing on the vacation of the utilities. Okay. Now let's bring this back to council. Council do you have any questions on the project as presented by Ms. Aanenson? Councilmember Ryan. Councilwoman Ryan: Yes please Mayor. Just a couple clarifications just because it went, you went quickly and I know it was a lengthier conversation at the Planning Commission but in terms of the setback, the variance is 25 feet. Normally it should be 50 feet? And can you just explain is it that there, is it the sunroom addition? Is it the orientation of the townhomes? What is the need? Kate Aanenson: Sure and maybe I can let the applicant from Pulte Homes go through that in a little bit more detail if that's okay. Councilwoman Ryan: Absolutely. 12 Chanhassen City Council Wy 10, 2017 • Mayor Laufenburger: Actually that might be a good idea. Let's, if you wouldn't mind let's hear from the applicant and perhaps some of the questions that councilmembers have you could address them. State your name please for the record. Paul Heuer: Good evening. My name is Paul Heuer with Pulte Homes, 7500 Office Ridge Circle, Eden Prairie, Minnesota 55344. Mayor Laufenburger: We have office space available in Chanhassen too Mr. Heuer. Paul Heuer: We just leased a new spot, sorry about that. Mayor Laufenburger: Nice to have you here Paul. Tell us a little bit about your project. Paul Heuer: Thank you. Pulte Homes is a fairly large builder. We build about 500 homes a year. We're really well known for our floorplans. We actually build entire homes and rooms in warehouses across the country and we pay people to go through them and get their comments so through that process over a couple decades we've gotten to have really good floorplans with innovations that we hear people like. In our vision for this particular new neighborhood is to have something near your local conveniences. In this case it would be the retail across the freeway. The transit station. The park just to the southwest of the site. Good trail system that's very beautiful and also of course great school districts so what our vision was is to have something that would be medium density. That would be very fitting for up against 212, 101 and an apartment complex yet still have a sense of place and that was behind our efforts of creating a fire pit. A gathering area. Private trails that lead to the public trails around the perimeter of the site so that's really our vision. There obviously are some constraints due to the shoreland district and the density issues so I'd like to compliment both your engineering and planning staff. From the beginning this was a very, very tricky property to figure out the best way to deal with all of the height, impervious surface issues, density issues, and kind of thread the needle and through the efforts of staff we feel we've been able to do that with this particular proposal. The question. The question's escaping me. Setbacks. Setbacks. There's a long story here, I'll try to keep it short. Often times the origin of front setbacks is really related to the length of a driveway and being able to have cars parked in the driveway. Sometimes there are sidewalks in which case there's a little bit more setback to make sure the cars fit in the driveway without blocking the sidewalk. I know in modern day we've seen a lot of cities go down to 25 foot front setbacks. In fact I think Fox Hollow recently was a 25 foot front setback so it's pretty common and very workable. In this particular case we did work real hard to keep this neighborhood looking good. It's very important to us not only to have floorplans that people really like to live in but to have a community that looks fantastic and if you drive around the Twin Cities and look at a number of our communities I think you'll see that so in this particular case our goal was to show our best side outward and to keep the activity inward. When cars are coming and going there's a lot of activity so for the folks who are living on Waters Edge Drive, if we had all the driveways on Waters Edge Drive there'd be kind of a buzz of activity there all the time so our goal was to move that activity internal which makes it also feel more like a community since it's all 13 Chanhassen City CounciAuly 10, 2017 • somewhat enclosed, but it also looks better from the outside. When you're driving along 101 or Lake Susan Drive you'll see the best side of our homes. You'll see open space. You'll see that we worked very hard to have the orientations of the buildings different. One of the things I hate when I drive certain communities is I see barracks. It looks like Army barracks where you have these row homes all lined up together. Same colors. Same architecture. So I think what you'll find in this particular example of a new neighborhood and product is we have different architecture on each of the buildings. We'll have at least 25 different color packages so they'll all look different and the outsides, the most visible and beautiful part of our buildings will be displayed to the exterior and the beehive of activity really occurs internally. So 25 foot seemed appropriate in this case. It may surprise you to know that the apartment building on Lake Susan Drive also is 25 feet from the right-of-way and it doesn't feel bad and that's a tall building. These are relatively flat, two story row homes with 25 foot setbacks similar to Fox Hollow. Similar to the apartment complex. It really just fit. Councilwoman Ryan: And I appreciate the explanation. Being a builder of single family homes I'm sure you can also recognize that people that have their homes and looking out at a field is now going to be changed to townhomes, as beautiful as they are and so the concern was okay, are the homes going to be right on the road? Is it going to feel crunched for lack of better word if it's the 25 foot setback? What kind of landscaping and buffering? Are you going to pay particular attention to that? Paul Heuer: It's a great point. For better or worst our company is focused on doing a lot of infill developments. It makes our sales folks jobs easier and my job a little harder and they're typically more difficult for of course the residents, for us and for you folks because it's a big change. In this particular case we feel we've done the right things. Perhaps we can show the landscaping plan Kate. I brought it. So when we undertake an infill development we anticipate that there's going to be some difficulties and some discomfort among the residents. There always are so we do make an effort to increase our landscape plan. Orientate the buildings so it's beautiful again on the outside. In this particular case what you're seeing is some trees preserved along here. 7 or 8 trees as I recall and these are all trees that were proposed to be planted along the buffer. The outside of Waters Edge Drive, similarly a lot of trees along here. And pretty strong buffering along here too. This does a couple things. One is we know it makes it softer for the residents to look at. More attractive. It also makes the neighborhood itself, the new neighborhood feel more enclosed and people have an instinctual feel for security. You know sometimes developers put gates around communities as an effort to make it feel secure. You can also do that with landscape. In this case we have a pretty strong buffer on the outside that makes it feel like a secure community. But also we feel this is fairly robust landscaping plan compared to what you otherwise might see. Councilwoman Ryan: Okay, thank you. And one last question if I may Mr. Mayor. The parking I know was, you had touched on it about overflow parking or guest parking. You'll have it in, enough room in the driveway. Is there other areas for, if there are more cars than just 2 or 4? 14 Chanhassen City Council ely 10, 2017 • Paul Heuer: Yeah a couple things. First of all. Mayor Laufenburger: Nano can you show us the landscape plan right? Paul Heuer: Yes thank you. Mayor Laufenburger: There you go, thank you. Paul Heuer: So a couple points about parking. Each unit will have a 2 car garage and 2 cars in the driveway. This is the first row home product that we've seen in the Twin Cities that you can actually have an option for a third car garage too where it's tandem. It's deeper. It has an option instead of a flex room or some other kind of room. In addition we have found that when people have guests over and it's more than 2 cars in the driveway we really need to have parking lots spaced in various locations so that people again can have adequate parking. From our experience as a certain number of stalls per unit that seems to work. Most cities have a minimum requirement and that minimum requirement is typically about what we do. Sometimes we do a little bit more but we've seen over the decades that this works. Councilwoman Ryan: Okay great, thank you. Mayor Laufenburger: I want to speak just to the setbacks just for a second Mr. Heuer and then I'll come to you Mr. Campion. In the Planning Commission there was discussion about a 25 foot setback but in fact the homes are set back further from Waters Edge Drive so if homes wanted to add an extension to the back, like a sunroom or a patio or something. Just can you speak to that a little bit? Paul Heuer: That's a great point, thank you Mr. Mayor. This is seen as kind of a starter home. We just started building this new product in the city of Plymouth this year and we've been surprised by how many people are willing to pay the extra money for a sunroom option, which is a beautiful room but it's been about half the buyers so we have tried to accommodate as many sunroom options as possible here and what that means is along Waters Edge, whether or not people purchase a sunroom or not the homes may be anywhere from 25 feet at the closest to 32 feet away from the right-of-way line. Mayor Laufenburger: Okay and Ms. Aanenson, this is a variance request to 25 foot setback, is that correct? Kate Aanenson: The variance is through the PUD standards. Mayor Laufenburger: Okay. Kate Aanenson: And as the applicant has talked we've done that in other subdivisions. It's not that uncommon. 15 Chanhassen City Council ty 10, 2017 • Mayor Laufenburger: So what would be a non -variant setback? 30 feet? 50 feet? 100 feet? Kate Aanenson: 50 feet typically. Mayor Laufenburger: Okay so in this case the builder is, the applicant is asking to change the variance on Waters Edge or is it on the entire perimeter of the property? Kate Aanenson: Correct. Mayor Laufenburger: The entire perimeter of the property at 25 foot setback. Paul Heuer: It's written that way Mr. Mayor. Along 101 we've actually showing the homes 40 feet back. Mayor Laufenburger: Okay. So you're even further back from that 25 foot setback, okay. Alright. Okay Mr. Campion you had a question. Councilman Campion: Mr. Mayor my question was pretty identical. It was along the setback variance and at the commission meeting there was talk about whether it was going from 50 feet to 25 or 30 to 25 and so I got my answer. Mayor Laufenburger: Okay good. Any other council questions of the applicant? Mr. Heuer, just can you speak a little bit to the timing? We have a north, 64 homes on the north I think and what is it 18 on the south, is that correct? What's the timing of your, give us a plan for your buildout if you could please. Paul Heuer: Our goal is to develop the north property, a portion of it or all of it in 2017 and the south property in 2018. Mayor Laufenburger: Okay so you expect with approval you expect to be moving dirt this year. Paul Heuer: Yes. Mayor Laufenburger: Alright, okay. I just have one last question. Are you familiar with all of the documents included in the staff report and are there any areas in the staff report where you have either dispute or question or are you prepared to agree with everything in the staff report? Paul Heuer: I agree with it. Mayor Laufenburger: Okay. Perfect. Thank you Mr. Heuer. One more question if I can just, have you built homes in Chanhassen in the past? Has Pulte? 16 Chanhassen City Councilouly 10, 2017 • Paul Heuer: We have. Mayor Laufenburger: Okay, can you identify where you have? Paul Heuer: It's before my time. I could point to it on a map but I don't remember the names. And also Pulte and Centex merged in 2009 so Centex and Pulte have both built homes in your city. Mayor Laufenburger: Okay. Kate Aanenson: Arboretum Village is the one that they did. Mayor Laufenburger: Say that again? Kate Aanenson: Arboretum Village on 5 and 41. Mayor Laufenburger: Oh I live in one of those homes. I've been meaning to talk to you about the windows. Thank you Mr. Heuer. Paul Heuer: Thank you. Mayor Laufenburger: Councilmember Tjornhom you had a question of staff. Councilwoman Tjornhom: This site is kind of a historical site and so are we doing anything as a city or is there anything being done from the Historical Society to kind of make sure it's marked or that it's? Kate Aanenson: Yep, that's a great question. So it's not the original barn. Those questions have been brought up before. We talked about it way back when we did the 2008 study so Wendy Bjorn from the County Historical Society, we can document those but they're not historically significant but yes it's part of the history of Chanhassen for sure. Councilwoman Tjornhom: Okay. Kate Aanenson: And structurally they're probably not as sound. The buildings itself but we definitely want to inventory them and put them as part of the history of the city. Councilwoman Tjornhom: Okay. And then also when it came to the landscaping they meet all the minimum requirements for trees and all of? Kate Aanenson: Yes they do. Yep. Jill Sinclair put a very detailed report in there about the types of overstory's. Again those are the ones that give the best screening and the locations of those so they'd be on each lot and then supplemented with trees and shrubs. 17 Chanhassen City Council R-uly 10, 2017 • Councilwoman Tjomhom: And then looking at the plat, I mean I've seen a lot of plats and I'm just really surprised that there isn't a park in that and that was because of park and rec. Kate Aanenson: Correct, that's their decision on that correct. Councilwoman Tjomhom: Okay so. Kate Aanenson: It's in proximity. Again I think that they would say that too, right now there are a lot of different age groups looking for this type of home so it could be younger families as they indicated but also it could be empty nesters too and they have different needs and that's something I believe that the HOA over time will look at too. If they want to convert some garden space there or something like that so that's something that the HOA can look at too. Councilwoman Tjornhom: So in order to access a park they'll have to cross 101? Kate Aanenson: No they can go down Lake Susan Drive too. Councilwoman Tjomhom: Okay. Mayor Laufenburger: Actually they don't even have to go on Lake Susan Drive. There's a park path. If you look at the south property, on the west side of the south property there's a park path that goes straight south and then follows the barrier all the way over to Chanhassen Hills Park. Great dog walking area by the way. Councilwoman Tjomhom: Really? Okay. Todd Gerhardt: Another neighborhood Mayor that you've lived in? Mayor Laufenburger: That was not a Pulte home but I lived there... Kate Aanenson: Institutional knowledge. Mayor Laufenburger: Exactly. Institutional knowledge. Let's see. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: To that point about the Chanhassen Hills Park, I think it was brought up in the Planning Commission about the direct, how the funds, the park dedication funds are directed and I believe Mr. Hoffman had suggested Bandimere but somebody in the neighborhood said that it should be directed towards the Chanhassen Hills Park. 18 Chanhassen City Councilouly 10, 2017 0 Kate Aanenson: Yeah, he was informed of that. Councilwoman Ryan: Okay. And is that up for discussion or? Kate Aanenson: Well I think that's something if, that would be something that the Park and Rec Commission would make a decision on if you wanted to give them some direction on that but we did, there was also concern about a swing that was broken so we informed him of that too in making sure that that park can accommodate some of the needs so he was aware of that. Mayor Laufenburger: Councilmember Ryan I think that the, I don't recall what the park dedication fees are but I think it's incumbent upon the Park and Rec Commission to review all developments and the source of funds from those developments and decide the best use of those funds for the entire city so I wouldn't want to encumber the Park and Rec Commission to say a certain amount had to go to a certain park. Councilwoman Ryan: I just would suggest that they take a look at that for this development. Kate Aanenson: Yes. Mayor Laufenburger: I'm sure Mr. Hoffman and other members of the Park and Rec Commission may be even present tonight, or not present tonight but will review these Minutes so that they will take that action. Kate Aanenson: I guess the way I read the motion, or the way that they put their input is that there was 2 parks within a mile. Not that one should get money over the other. Just that they were in a service area. Councilwoman Ryan: Okay. Mayor Laufenburger: And the parks are different too. One is, has soccer fields. A hockey rink. Baseball fields. The other one has a baseball field and. Councilwoman Ryan: Well one just recently had a lot of investment in it and I know Chanhassen Hills Park has not had that same investment recently so when we look to the future of rehabilitating a lot of our parks I could see where this would serve that need. Kate Aanenson: We'll pass it on. Councilwoman Ryan: Thank you. Mayor Laufenburger: Mr. Gerhardt. 19 Chanhassen City CounciAuly 10, 2017 • Todd Gerhardt: Mayor, council we'll talk with the Park and Rec Director and make sure that the Park and Rec Commission reviews both Bandimere and Chanhassen Hills to look at the needs. Usually get community feedback on what's needed and what's wanted in their neighborhood parks so most recently we did Roundhouse Park and I don't know where Chanhassen Hills sits on you know relooking at the park but we can move it up the list. Mayor Laufenburger: Okay. Are there any questions of staff regarding this project? Any further comments or motions from the council? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: I'll attempt a motion. Kate Aanenson: Before you start there's two things. I'm going to spin. Mayor Laufenburger: Well it's. Councilwoman Tjomhom: It's all there. Mayor Laufenburger: Yeah you'd better read the whole thing Mr. McDonald. Councilman McDonald: I was going to. Okay I'll make a motion that the City Council recommends approval of the preliminary plat for Planning Case 17-12 for West Park as shown on the plans received May 18, 2017 subject to conditions of approval. The City Council recommends approval of the site plan for the construction of 82 townhouses for Planning Case 17-12 for West Park as shown on the plans received May 18, 2017 subject to conditions of approval. The City Council recommends approval of the variance request for Planning Case 17- 12 to allow a 25 foot setback from Waters Edge Drive, Lake Susan Drive and Highway 101 as shown on the plans received May 18, 2017 subject to conditions of approval. City Council recommends approval of ordinance and summary ordinance for publication purposes for the rezoning the property located at the southeast of Waters Edge Drive, west of Great Plains Boulevard, north of Highway 212 and bisected by Lake Susan Drive with an approximate area of 9.8 acres from Residential Single Family and Planned Unit Development to Planned Unit Development -Residential incorporating design standards. Planning Case 17-12 subject to the conditions of approval and adopts the attached Findings of Fact and Decision. City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Lot 1, Block I of Gateway North as dedicated on the recorded plat thereof as described in Exhibit A. The City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Lot 2, Block 2 and Outlot A of Gateway North as dedicated on the recorded plat thereof together with Document number 206358 as described in Exhibit A. I think that's it. 20 Chanhassen City Councilouly 10, 2017 • Mayor Laufenburger: Alright. Before I ask for a second I just want to clarify one thing. Mr. Knutson, could you go back one page Kate? Okay Mr. Knutson, we are the approving body so we do not recommend for approval, is that correct? Roger Knutson: Technically the word should be replaced, recommended approvals should be replaced with approves. Mayor Laufenburger: Okay so before I ask for a second, Mr. McDonald are you okay if we strike the words recommends. Councilman McDonald: Well I guess I just misread that. Mayor Laufenburger: No you read it the way it was. Councilman McDonald: City Council approves. Mayor Laufenburger: Okay, alright. So we have a motion for approval of a number of things. Now is there a second? Councilwoman Tjomhom: Second. Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Councilman Campion: I lost a race earlier so. Mayor Laufenburger: Is there any discussion on the motions? Councilman McDonald moved, Councilman Campion seconded that the City Council approves preliminary plat for Planning Case 17-12 for West Park as shown on the plans received June 30, 2017, subject to the following conditions of approval: Engineering: The existing topographic survey shall include the existing first floor elevations of nearby structures such as 8751 Waters Edge Drive and 721 Lake Susan Drive. 2. Spot elevations shall be shown at the center of proposed driveways at the curb line so the driveway grade can be verified. 3. The applicant shall work with Carver County to see if the FES from their pond outlet can be combined with the county's culvert to eliminate the low spot adjacent to this site. 21 Chanhassen City Council'Ruly 10, 2017 • 4. The plan shall show EOF locations and elevation for all basins on site. Top and bottom wall elevations shall be shown on the grading plan. 6. All retaining was shall be owned and maintained by a Homeowners Association (HOA). 7. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 8. As existing public utilities are located within the vacation area, the applicant shall grant a drainage and utility easement to the City concurrent to recording the vacation. 9. The applicant shall have their survey confirm location of all easements with a recent title commitment prior to final plat. 10. The retaining wall and entry monuments are proposed within drainage and utility easements. These elements require an encroachment agreement prior to their construction. 11. The private sidewalks constructed within city right-of-way require an encroachment agreement. 12. All private streets will be owned and maintained by a Homeowners Association. 13. Street lights shall be installed at the intersections with public streets. This light shall be owned by the City and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. 14. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19. 15. The net SWMP Fee due at the time of final plat of the southern parcel is $17,651.42. 16. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water partial fee is $137,408.00. 17. For 18 units on the southern parcel, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. 18. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. 22 Chanhassen City Councildluly 10, 2017 • 19. The vertical curves shall be revised to meet the City Code standard to have the curve length be greater than the difference of the grades multiplied by 20. 20. The horizontal alignment of several horizontal curves radii do not meet requirements for a 30 mph roadway without superelevation per the MnDOT Roadway Design Manual. The applicant shall submit documentation for the design speed used for these roads and the anticipated signed speed. Speed signage shall be required. Park and Trail Conditions of Approval: Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the West Park Residential Subdivision. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current residential park fee rates of $3,800 per multi-family/apartment dwelling, the total park fees will be $311,600. 2. 82 units x $3,800 each. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Campion seconded that the City Council approves site plan for the construction of 82 townhouses for Planning Case 17-12 for West Park, as shown on the plans received June 30, 2017, subject to the following conditions of approval: Entdncerin2• The Engineering Department recommends approval of the final plat subject to the following conditions: The applicant shall submit the full S WPPP document to the City for review prior to grading on site. 2. No parking signage shall be installed at all turnarounds to keep them open for public safety access. All private street signage shall comply with the Minnesota Manual on Uniform Traffic Control Devices. 4. The sidewalk and pedestrian ramps shall be constructed per the Chanhassen Standard Detail Plates. 5. All sidewalks internal to the site shall be owned and maintained by the HOA. 23 Chanhassen City Council 4ty 10, 2017 • 6. The sidewalk connection parallel to Lake Susan Drive shall be owned and maintained by the City. 7. The HOA shall be responsible for snow maintenance on sidewalks adjacent to HOA property. 8. The applicant shall revise plans to call out the size of proposed water main. 9. The applicant's engineer shall add a column to the stormwater pipe/structure table to list the velocities of the pipes. 10. Stormwater pipe within the development shall be privately owned and maintained. 11. The storm sewer/water main crossing near CB ME 702 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. 12. The applicant shall meet the minimum requirements for stormwater set forth in City Code Section 9-VII and requirements of the Riley Purgatory Bluff Creek Watershed District. 13. The applicant must obtain a permit from the Riley Purgatory Bluff Creek Watershed District prior to grading the site. 14. The applicant is responsible for obtaining permits from applicable regulatory agencies (MDH, MPCA, MnDOT, etc.) prior to construction. 15. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). 16. Sidewalk constructed within MnDOT right-of-way may require a Limited Use Permit (LUP). 17. The plan for flared stormwater pipes that discharge into the pond, infiltration basin and right- of-way shall be modified to have non -erosive velocities (3.5-5.0 feet per second). 18. The pipe from FES 500 to OCS 501 shall be modified to have a slope of 1.00 percent or greater to prevent standing water and reduce the potential for ice damage. Buildina Conditions: Accessibility must be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. 24 Chanhassen City CounciAly 10, 2017 • 2. Buildings are required to be protected with an automatic sprinkler system. For the purposes of this requirement property lines do not constitute separate buildings. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 4. The developer must submit a list of proposed street name(s) to the Fire Marshal and Building Official for review and approval prior to final plat of the property. 5. Demolition permits must be obtained before demolishing any structures on the site. Application for such permits must include hazardous substances investigation and proposed mitigation reports. 6. A final grading plan and geotechnical (soils evaluation) report must be submitted to the Inspections Division before permits will be issued. 7. Walls and projections within 5 feet of property lines are required to be of one -hour fire - resistive construction. 8. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 9. Each lot must be provided with separate sewer and water services. 10. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Fire Marshal: 1. A three-foot clear space must be maintained around fire hydrants. 2. Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Chief must approve signage. 3. Prior to combustible construction fire hydrants shall be made serviceable. 25 Chanhassen City Council Iuly 10, 2017 • 4. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5. Relocate the fire hydrant on Stonegate road eighty (80) feet to the west. (At the intersection of Stonegate and Stonegate) 6. On Eagle View Road add a fire hydrant between block 5 and block 6. 7. In order to avoid duplicating street names, submit new proposed street names to Fire Chief and Building Official for review and approval. Planninx: 1. Approval of this site plan is contingent upon approval of the final plat for Gateway North. 2. The applicant shall enter into a site plan agreement. 3. The building shall comply with the Planned Unit Development building setback requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the variance request for Planning Case 17-12 to allow a 25-foot setback from Waters Edge Drive, Lake Susan Drive, and Highway 101, as shown on the plans received June 30, 2017, subject to the following conditions of approval: Approval of the Variance is contingent upon approval of the Site Plan and Subdivision applications Planning Case 17-12. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Campion seconded that the City Council approves rezoning the property located at the southeast of Waters Edge Drive, west of Great Plains Boulevard, north of Highway 212 and bisected by Lake Susan Drive with an approximate area of 9.8 acres from Residential Single Family and Planned Unit Development to Planned Unit Development -Residential, incorporating the following design standards: M Chanhassen City Council*ly 10, 2017 • 1.�).) tip 11 �\ PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a RESIDENTIAL PUD. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive development. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses • The permitted uses in this zone should be limited to four, five, and six plex complexes. • The total number of units for the entire site may not exceed 99 92 units. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Boundary Building/ Parking Setbacks feet Highway 101 25/10 Highway 212 25/25 Northerly Project Property Line 25/25 Westerly Project Property Line 25/20 Internal Project property lines 0 /0 Hard Surface Coverage -Residential 50 % Maximum Residential Building/Structure Height 35 or 3 stories, whichever is less * parking setbacks maybe reduced to 10 feet if full screening is provided. d. Residential Building Materials and Design Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 9 of the Zoning Ordinance. 1. All units shall have access onto an interior private street. 2. A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick, stone, etc. 3. All foundation walls shall be screened by landscaping or retaining walls. 04A Chanhassen City Council,—Ruly 10, 2017 • 4. All adjoining units must exhibit different exterior design features and color. e. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to parking areas, utility boxes, unadorned building massing, etc. 2. All open spaces and non -parking lot surfaces, except for the fire pit area, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. 3. Undulating berms, shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 4. Native species shall be incorporated into site landscaping, whenever possible. f. Street Furnishings Benches, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. g. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: a. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; 28 Chanhassen City Councilouly 10, 2017 • b. Ensure that signs do not create safety hazards; c. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; d. Preserve and protect property values; e. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g.l. Monument Sian: One monument sign shall be permitted at the entrances to the development off of Lake Susan Drive. These signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. These signs shall be setback a minimum of 10 feet from the property line. g.2. Sign Design and Permit Requirements: a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. h. Lighting 1. Lighting for the interior of the development shall be consistent throughout the development. Fixtures with decorative natural colored pole shall be used throughout the development in parking and street lighting. Decorative, pedestrian scale lighting shall be used in the fire pit area and sidewalk areas and may be used in parking lot areas. 2. Light fixtures should be kept to a pedestrian scale (12 to 18 feet). 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than '/z candle at the project perimeter property line. This does not apply to street lighting. i. Residential Parking shall comply with city code requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2017-48: Councilman McDonald moved, Councilman Campion seconded that the City Council adopts a resolution approving the vacation of all the public drainage and 709 Chanhassen City Council uuly 10, 2017 0 utility easements on Lot 1, Block 1 of GATEWAY NORTH as dedicated on the recorded plat thereof as described in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2017-49: Councilman McDonald moved, Councilman Campion seconded that the City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Lot 2, Block 2 and Outlot A of GATEWAY NORTH as dedicated on the recorded plat thereof together with Document No. 206358 as described in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilman Campion seconded that the City Council approves Planning Case 17-12 subject to the conditions of approval and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Ms. Aanenson I have a question for you. Kate Aanenson: Yes. Mayor Laufenburger: Will this item ever come back to the council again? Kate Aanenson: Yes you'll see it at final plat and I believe the applicant's working trying to get that on the next meeting and we're getting towards the end of getting projects launched for construction season so you will see the plat. Mayor Laufenburger: So when the final plat comes that's when we approve the layout, everything that would then follow with building permits, movement of dirt, etcetera. Kate Aanenson: Correct. Mayor Laufenburger: Is that correct: Kate Aanenson: Yeah it will be a site plan agreement. There probably isn't any public improvements in this so there wouldn't be a development contract but there would still be a site plan agreement tying them to all the conditions of approval and I'd just like to take one moment just to thank Sharmeen AI-Jaff on our staff who probably worked on this, this property probably for 6-7 years and the applicant to what we believe is a really good project for this site. Mayor Laufenburger: Okay, alright. Well thank you Mr. Heuer. Best of luck in developing your final plat. We hope to see you soon, alright. Okay. Alright thank you. VENUE/ALDI: APPROVE SITE PLAN FOR A 134 UNIT, SIX STORY APARTMENT BUILDING AND A ONE-STORY,19,000 SOUARE FOOT RETAIL BUILDING WITH A 30 $CANNED • • F-2b CITY OF CHANHASSEN Chanhassen is Commundyfor life-PmvidingforTodayand PlanningforTomorrow MEMORANDUM 6 TO: Paul Oehme, Director of Public Works/City Engineer FROM: Stephanie Smith, Project Engineer Cj�C DATE: July 10, 2017 SUBJ: Approve Vacation of all Public Drainage and Utility Easements on Lot 1, Block 1 and Lot 2, Block 2 and Outlot A, GATEWAY NORTH Planning Case File No. 17-12 PROPOSED MOTION A. "The City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Lot 1, Block 1 of GATEWAY NORTH as dedicated on the recorded plat thereof as described in Exhibit A." B. The City Council adopts a resolution approving the vacation of all the public drainage and utility easements on and Lot 2, Block 2 and Outlot A of GATEWAY NORTH as dedicated on the recorded plat thereof together with Document No. 206358 as described in Exhibit A." City Council approval requires a simple majority vote of those present. BACKGROUND The drainage and utility (D&U) easements on Lot 1, Block 1 and Lot 2, Block 2 and Outlot A, GATEWAY NORTH were dedicated with the plat and with a separate easement grant recorded as Document No. 206358. The figures below show the locations of the easements. r:7 PH 952.227.1100 • www.cl.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Paul Oehme 0 0 Approve Vacation of Easements: Gateway North July 10, 2017 Page 2 The City has utilities and drainage features located in the drainage and utility easements. The applicant's survey of the area determined there are private utilities located in the proposed vacation area. PROPOSAL The applicant has requested vacation of all public drainage and utility easements as shown in the figures on Page one. The plat of WEST PARK will dedicate new D&U easements on portions of what is currently Lot 1, Block 1, GATEWAY NORTH as required by City Code. E., i P-1 The plat of WEST PARK 2ND ADDITION will dedicate new D&U easements on portions of what is currently Lot 2, Block 2 and Outlot A per City code. rm The vacation will simplify the dedication of new drainage and utility easements within the plat document. The preliminary plats are attached. 90 Attachments: 1. Plat of GATEWAY NORTH 2. Proposed Vacation Exhibits 3. Preliminary Plats of WEST PARK and WEST PARK 2ND ADDITION 4. Vacation Application 5. Published Notice of Public Hearing & Affidavit of Mailing 6. Resolutions gAwg\vacatiws\weg park pc 17-12\170710—m—vacatim m Amx I I •.Ypw �Nt GA TEWA V NORTH 7dlr:'N£s0'., OE�AR'L7EVr Cf ,7u:rsw`R ::TlCI. F(,^,M „r ..,,r P:.,r '-'a 10-r7 p. 4r4p 4W4/'.�j �• wO11 --------------- rr r o ). 1�. \I'��J i a ' r� •O e I \ I is \I li i STA YE /RIMMf •, a^'®�A 7111/Af . >, w'mr w. ^"w'w.mw ._ AMWAY Na I0I YNQ idi ffi. - — - - � - - -- u)r _ '- � n.Nr -� " sonar wh••r31T , i DXZVC d--,� rrn \ srA': 'RJ;:N {flfdf'J.K I' ::C. •^• b.o.d-. s l J I I\ T�a;• J dl.0! 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E.N eF sill", I I.-W LEGAL DESCRIPTION FOR VACATION OF DRAINAGE AND UTILITY EASEMENT OVER LOT l BLOCK I GATEWAY NORTH All of the drainage and utility easements embraced within Lot 1, Block I, GATEWAY NORTH, as dedicated on the recorded plat thereof, Cory r County, Minnesota, recorded as Document Number 451279. 0 30 60 120 SCALE IN FEET DRAINAGE AND UTILITY EASEMENT VACATION EXHIBIT LOT 1, BLOCK 1, GATEWAY NORTH, CARVER COUNTY, MN CHANHASSEN, MINNESOTA AIRMt Engineenrig, 1z. 233 Perk Ave S. Ste 300 Minneapd'S, MN 55915 612.758.3080 n N 612.766.3099 FM ..a1 ianttinc.wm ♦ ♦ a \ a ♦ i `l� R S1-041 00 ito I GP1 I ' I ♦_> ESP 6R IA FOR VACATION OF DRAINAGE 0 30 60 120 SCALE IN FEET MIN mo are Nerve: Gem ay E. a CPE ae sue 5117117 r-m l FCAL DESCRIPTIO AND UTILITY EASEMENT OVER LOT 2. BLOCK 2. 1 AND OUTLOT A. GATEWAY NORTH Al/ of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH, as dedicated on the recorded plot thereof, Carver County, Minnesota, recorded as Document Number 451279. NReserving the permanent utility easement per Doc. No. 206358 DRAINAGE AND UTILITY EASEMENT VACATION EXHIBIT LOT 2, BLOCK 2, AND OUTLOT A, GATEWAY NORTH, CARVER COUNTY, MN CHANHASSEN, MINNESOTA Afenl Erpinee&p, Inc. AAM Perk Ave S, Ste 3DO Minneapd'655a , MN 15 612.756.3060 MN 612.759.3099 FM www.AlW Inccom rvrwa�.m YYffLL -/ Fl nxe L7 aevraai a«. =wR` WATM_®�l omc 9eenaF `•ra\ \ �/ ra Ra.. rib nn Gr 1 LEGEND: Pnarafr ur PEV.EW DST A 0= E�XM� wP PR "" M NOS f STATE HIGHWAY 101 ate- ALLIA T Mnivgvl°, MNSN15 IR )SB..tlB] •r 912FVB.Y%Y w 171 Q J K a E m N O 6 �J Q i Z Z 6 � M N W '= u 6 G r r.rwarw� wwr uW WtwNrrnn 4 m 4 of 29 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Boulevard CITY OF CHANNSEN Mailing Address - P.O. Boxx 147, 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 7 APPLICATION FOR DEVELOPMENT REVIEW p Submittal Date: .S' % 9— / 7 PC Date. b - Z0 —1 7 CC Date. I O—10 —17 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submitta! information that must accompany this apPlication) ❑ Comprehensive Plan Amendment ............. ............$600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others.........................................................$425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $426 ❑� Rezoning (REZ) Planned Unit Development (PUD) ................. 75 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others.........................................................$500 ❑ Sign Plan Review...................................................$150 Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: _thousand square feet) *Include number of exisfin employees: ❑• 'Include number of new employees: Residential Districts ........................................ Plus $5 per dwelling unit ( !z units) , 500 ❑° Subdivision (SUB) ❑ Create 3 lots or less........................................$300 Create over 3 lots ................. ......$600 + $15 t ( TL lots) %ib ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... EJ Final Plat ........................................................ 700 (Includes S450 escrow for attomey costsp 'Additional escrov., may be required for other applications through the development contract. e❑ Vacation of Easements/Right-of-way (VAC)....... 300/ (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑✓ Notification Sign (City to install and remove)....................................................................................................................'� ❑✓ Property Owners' List within 500' (City to generate after pre- application meeting) ..........( .............................. $3 per add addresses /11 Escrow for Recording Documents (check all that apply)....................................................................... $50 per documgA ❑ Conditional Use Permit ❑ Interim Use Permit 0 Site Plan Agreement k ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 dots.) ❑� Easements L—easements) TOTAL FEE: If`7i3 Description of Proposal: Property Address or Location: %(se WAi�.0 G,s'fC %�,(ld� �iJ�a//derJw�HJ 971 Z' �� %AKL f4JArl �iil �� Parcel p: Legal Description: )LC A4VACIP11 Total Acreage: 9.y Wetlands Present? ❑ Yes [3No Present Zoning: Select One to Requested Zoning: Select One Ad Present Land Use Designation: Select One / Requested Land Use Designation: Select One Existing Use of Property: QJ Check box is separate narrative is attached Section 3: Property Owner and Applicant Information 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 parry 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 proceed with the study, I certify that the information and exhibits submitted are true and correct. any authorization t'o/ Name: Lff- A(dxtf Contact: /A lXiO Crtli_ Address: ?too 0,%(!' /irG(C GR. iujlk 3vl Phone: /fl--2t9- 6714- City/State2ip: _ fbc filAlkf. /b) Sfifl' Cell: 1-76- 65oG Email: �Ar�L..NFi.IF.��uiiPGRnuL rtj Fax: — --- Signature: Dale: PROPERTY OWN R: 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: _ dr. tA, A v t2- Contact: Address: iA rlt.c' Phone: 7 7 G H. City/State/Zip: / tGaUy , A A,' + 5 3 Y 7 Cell: 7 V 7 Email:ar � jL., -L �j �i}(�cc;- Cr M Fax: %��- � �i ' 17 Signature: -�.-LN Date: i / 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: 64W &f&l Address: 2-33 AMA✓f . � Sulk ado Phone: 41-- 767-- Lf City/State/Zip: %f/.IA/Ldi6(JI, /1✓ SYIV5- Cell: Email/A/C.(q,1 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/State/Zip: ❑ 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). SAVE FORM PRINT FORK Sulli i FORM CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 10, 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 easement for drainage and utilities dedicated on the recorded plat of GATEWAY NORTH, Carver County, Minnesota, described as follows: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. And All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. 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 29 and July 6, 2017) glp1an\2017 planning cwre "7-12 ww park - pulte (klingelhutzYwacation ph notice to paper-final.doc CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on June 22, 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 Drainage and Utility Easement on the recorded plat of GATEWAY NORTH, Planning Case File 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. Subscribed and sNyorn to before me thiQ v day o , 2017 �4-,, 1 1 Notary Public . JEAN M. STECKLING .,' Notary Public-Mlnnesofe �._ ,,1,. (`q„y,Jyipfl F�trm J n 31, 3010 ALISSA JOHNSTON 8552 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 BARRY S & MICHELLE K ERVIN 8525 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 BRIAN & LOUANN KLINGELHUTZ 9731 MEADOWLARK LN CHANHASSEN, MN 55317-8626 BRIAN W & KRISTIN A HOULE 880 LAKE SUSAN DR CHANHASSEN, MN 55317-9648 CHANHASSEN GATEWAY PLACE LLC PO BOX 10 ALBANY, MN 56307-0010 DANIEL M & MELISSA L HERZOG 8790 LAKE SUSAN CT CHANHASSEN, MN 55317-9656 DONNA MICHELLE JOHNSON 8521 CHANHASSEN HILLS DR 5 CHANHASSEN, MN 55317-8108 GARY R SCHULTZ 8507 WATERS EDGE DR CHANHASSEN, MN 55317-9749 GREGORY JOHN HENKEL 8699 MARYJANE CIR CHANHASSEN, MN 55317-9646 ANTHONYJDUNHAM 8650 APPLETREELN CHANHASSEN, MN 55317-9614 BERNICE L HUTCHISON 4581 MANITOU RD EXCELSIOR, MN 55331-9558 BRIAN A & LOU ANN D KLINGELHUTZ 8860 KLEIN DR WACONIA, MN 55387-4566 BRYAN J VAN NINGEN 8686 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 CHRISTOPHER & DEBORA K HOL 8687 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 DAVID S & JANICE A LUNDQUIST 8705 MARYJANE CIR CHANHASSEN, MN 55317-9646 ERIC M CHINNOCK 8600 APPLE TREE LN CHANHASSEN, MN 55317-9614 GEORGE W & LESLIE GILMAN 16293 CANDLEWOOD PKWY EDEN PRAIRIE, MN 55347-2201 JEFFERY A ROBERTS 8708 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 ANTHONY M PAVLOVICH 8640 APPLE TREE LN CHANHASSEN, MN 55317-9614 BRAD H & CAROL M WILLMSEN 8510 WATERS EDGE DR CHANHASSEN, MN 55317-9749 BRIAN R SCHELLING 8673 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 CARVER COUNTY 602 4TH ST E CHASKA, MN 55318-2102 COREY A ECKHOFF 8502 WATERS EDGE DR CHANHASSEN, MN 55317-9749 DILIP THAKKAR 8635 APPLE TREE LN CHANHASSEN, MN 55317-9614 ERICA A BORGEN 8691 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 GREGG R & GERALDINE BARETTE 8695 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 JEFFREY RAYMOND SICHENEDER 8508 WATERS EDGE DR 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 KATIEEWRIGHT 8694 CHANHASSEN HILLS DR N 8520 WATERS EDGE DR 8695 MARY JANE CIR CHANHASSEN, MN 55317-9650 CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9646 KLINGELHUTZ FARMS LLC KURT D KLINGELHUTZ KYLE TIDSTROM 545 LAKE DR APT #205 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 5 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 GLAN 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, MN 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- R STEVEN & MAURA BARNETT RYAN 1 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 TRAN CHANHASSEN, MN 55317-8108 CHANHASSEN, MN 55317-8108 5T 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, MN 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- Cl • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 10, 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 easement for drainage and utilities dedicated on the recorded plat of GATEWAY NORTH, Carver County, Minnesota, described as follows: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. And LAKE SUSAN DRIVE All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. The proposed resolution are 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 June 29 & July 6, 2017) gAcnglvacations\wmt part pc 17-12\ph notta to mail.doc CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 1, BLOCK 1, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park. Passed and adopted by the Chanhassen City Council this I Od' day of July, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 2, BLOCK 2 AND OUTLOT A, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park 21d Addition. Passed and adopted by the Chanhassen City Council this 101° day of July, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility casements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 1, BLOCK 1, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park. Passed and adopted by the Chanhassen City Council this 10' day of July, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 2, BLOCK 2 AND OUTLOT A, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park 2"d Addition. Passed and adopted by the Chanhassen City Council this 10`h day of July, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. 0 i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 10, 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 easement for drainage and utilities dedicated on the recorded platof GATEWAY NORTH, Carver County, Minnesota, described as follows: All of the drainage andutility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. And All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. 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 Thursday, June 29 and July 6, 2017: No. 4479) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.YL/Z? was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgr to xyz Y� Laurie A. Hartmann Subscribed and swom before me on 7\ this �i � day of 2017 v N li JYMME JEANNETTE BARK NO-A.W PLUC - M:NNEMTA , . wCJl/NiSS,CNEXPhE$01f3U'9 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch MANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 10, 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 easement for drainage and utilities dedicated on the recorded plat of GATEWAY NORTH, Carver County, Minnesota, described as follows: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. And All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. 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 29 and July 6, 2017) SCANNED g:\p1an\2017 planning cases\17-12 west park - pulte (klingelhutz)\vacation ph notice to paper-final.doc 0 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 22, 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 Drainage and Utility Easement on the recorded plat of GATEWAY NORTH, Planning Case File 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. Subscribed and s orn to before me this�� day o uK �- .'_017. [,M\ � � yNotary Pu lic SCANNED +, JEAN M. STECKLING Notary Public -Minnesota �- iM My Cg_"w E.*_ J_ 31, 101Y ALISSA JOHNSTON ANTHONYJ 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 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, MN 55317-9650 CHANHASSEN, MN 55317-9749 CHANHASSEN, MN 55317-9646 KLINGELHUTZ FARMS LLC KURT D KLINGELHUTZ KYLE TIDSTROM 545 LAKE DR APT #205 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 8560 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 MICHAEL K ROSS 8522 WATERS EDGE DR CHANHASSEN, MN 55317- NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN, MN 55317-8650 R STEVEN & MAURA BARNETT 8709 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-8333 SKIP L ATKINSON 8513 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 STEVE J & MARY A PANENO 8564 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 TAYLOR D LAWRENCE 8714 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 MATTHEW BECKER 8698 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 NELIA VON GLAN 8690 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 PAUL M & KATHLEEN S ROTHSTEIN 8610 APPLE TREE LN CHANHASSEN, MN 55317-9614 RYAN J TRUAX 8517 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 SO VAN LY 8509 CHANHASSEN HILLS DR S CHANHASSEN, MN 55317-8108 STEVEN A & COLLEEN M SAPP 8669 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 THOMAS G KELLY 8683 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 MICHAEL B & CATHERINE ANDERSON 8709 MARY JANE CIR CHANHASSEN, MN 55317-9646 NORMAN & JACQUELINE ENGEL 8699 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9651 PHILLIP G SURA 8524 WATERS EDGE DR CHANHASSEN, MN 55317- RYAN S PETTINGILL 8702 CHANHASSEN HILLS DR N CHANHASSEN, MN 55317-9650 STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD 631 TRAN ST PAUL, MN 55155-1801 STEVEN J & KIRSTEN STROMSNESS 8526 WATERS EDGE DR CHANHASSEN, MN 55317-9749 TIEN HA 8682 CHANHASSEN HILLS DR N 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 AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 10, 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 easement for drainage and utilities dedicated on the recorded plat of GATEWAY NORTH, Carver County, Minnesota, described as follows: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. And All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358. say The proposed resolution are 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 June 29 & July 6, 2017) gieng\vacations\west park pc 17-12\ph notice to mail.doc 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 1, BLOCK 1, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park. Passed and adopted by the Chanhassen City Council this 10'h day of July, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT 11 Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 1, Block 1, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279. 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: July 10, 2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON LOT 2, BLOCK 2 AND OUTLOT A, 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 the vacation of the public drainage and utility easements 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 easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for West Park 2"d Addition. Passed and adopted by the Chanhassen City Council this 10' day of July, 2017. ATTEST: Todd Gerhardt, City Manager YES Denny Laufenburger, Mayor NO ABSENT • EXHIBIT "A" Public drainage and utility easement, described as: All of the drainage and utility easements embraced within Lot 2, Block 2, and Outlot A, GATEWAY NORTH as dedicated on the recorded plat thereof, Carver County, Minnesota, recorded as Document Number 451279, together with the permanent utility easement per Document Number 206358.