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CAS-01_PENTEADO VACATION OF DRAINAGE & UTILITY EASEMENTSThe contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas'. Campbell Roger N. Knutson Thomas M. Scou Elliott B. Knvtsci. Joel J.!Amnile Andrea nthi <:, Sorcn M. -11A;.:, Jahn ; . is,cii Alina Stb ar-. Sarnael J. F"lrn;;"ds 13SO Corvo uc Cvmz, Cu:vc Suirc 3V - finnan, MN 5t17. 651-452.-50^1 Fax n5i-452-5S5p www.A:-law.. nm CAMPBELL KNUTSON Protff,nional Association Direct Dial: (651) 234-6222 E-mail Address: snelson@ck-law.con, Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 CITY OF RECE NNEHDASSEN AUG 0 4 2010 ENGINEERING DEPT. RE: CHANHASSEN — PENTEADO PROPERTY (ALFREDO & CANDYCE) ➢ Certified Vacation Resolution 2010-11 ➢ Variance 10-01 ➢ Zoning Lot Designation ➢ Grant of Permanent Drainage/Utility Easement ➢ Consent to Easement from M&I Bank (Lots 4 and 5, Block 1, Brenden Pond 3rd Addition) Dear Kim: Enclosed for the City's files please find original recorded documents listed above which were recorded with Carver County as follows: • Certified Vacation Resolution 2010-11 recorded on March 3, 2010 as Document No. T174449 • Variance 10-01 recorded on March 8, 2010 as Document No. T174450 • Zoning Lot Designation recorded on March 8, 2010 as Document No. T174451 • Grant of Permanent Drainage/Utility Easement recorded on February 23, 2010 as Document No. T174305 • Consent to Easement from M&I Bank recorded on April 27, 2010 as Document No. T174954 Regards, CAMPBELL KNUTSON Professional Association {CANNED B_Y u an R. Nelson, Legal A sistant SRN:ms Enclosure cc: Jean Steckling E STATE OF MINNESOTA ss COUNTY OF CARVER Document T 174449 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # Cert.# 33709 Fee: $46.00 Certified Recorded on 3/8/2010 CERTIFICATION at 12:30 ❑ AM �I PM Carl W. Hanson. Jr. Registrar of Titles I, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2010-11 entitled, "Vacating Drainage and Utility Easements on Lots 4 and 5, Block 1, Brenden Ponds 3'd Addition Planning Case File No. 10-01" adopted on February 8, 2010, with the original copies 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 19`h day of February, 2010. !CANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 8, 2010 RESOLUTION NO: 2010-11 MOTION BY: Ernst SECONDED BY: Tiomhom A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON LOTS 4 AND 5, BLOCK 1, BRENDEN PONDS 3Ro ADDITION PLANNING CASE FILE NO.10-01 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easement on Lots 4 and 5, Block 1, Brenden Ponds P; and WHEREAS, the existing easement was granted in 1999; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements within Lots 4 and 5, Block 1, Brenden Ponds 3` Addition as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this Wh day of February, 2010. ATTEST: �/ lA Q 4 ` o d Gerhardt, City Manager YES Furlong McDonald Ernst Litsey Tjornhom Thomas A. Furlong, Mayor NO . •. TM Pns gofl a PREPARED FOR: UFSTACH I'Vol"O LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION If O9,41AIICE h UTILITY t LOT 4 e `lam �� 1.� ER .�� S1 S0U11' Proposed rree Preservation Easement: M' RMS2/01/10 (1) An easement for tree preservation purposes over and REVISED. 2/OI/t0 (2) across Brendenthe Ponds Jrnorthed Addition 2500 feet of Lot 5, B/oek 7, LOT a EASEMENT TO BE 11CM D C UOj tN'NESTER�� LINE O Easement to be Vacated. - fie drainage and utility easements as dedicated in Block 1, Brendan Ponds Jrd Addition which ore described as follows. That part the northeasterly 5.00 feet of Lot 4, and the southwestery 500 feet of Lot 5, said Block 1, which he northwesterly of the southeasterly 10.00 feet of said Block 1, and which lie southeasterly of a line drown parallel with and 5.00 feet southeastedy of the northeastery line of said Lot 4 and its northeasterly extension. Proposed Additional Drainage and Utility Easement: An easement far drainage and utility purposes over. under and across the southwesterly 10.00 reel of the northeasterly 15.00 feet of Lot 5, Block 1, Brandon Ponds Jrd Addition. Pmposed Additional Orainoge and Utility Casement. - An easement for drainage and utility purposes over• under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Bronden Ponds .ird Addition. DFAIA/iS-G:1OL:11111 1 Mreby nnlfy Ihel Ws survey. Wan or reeod wee webom l by me `"` '•••' L.Gdfl SCRt'f:,'ORS, I.V('. or under my drool lnwn .ion ar Ihol I am a duly Regmtrred Land Sanreyor under the Lawx of me Slat. or N;nnemle. IJPR 0 CI'RTII'IC`1 TIt, 6875 Washington Ave, So. (1/��' oak -Pane I f Suite 209 Edina, MN 55439 ►iVL �/!, )l !") rJk, 1• Dovld E. Crook Phone:(952) 767-0487 Score Fox: (952) 767-0490 gale: 12/18/09 uinn. Reg. No. 22474 Document 0 T 174450 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY. MINNESOTA Receipt # Cert. # 33709 Fee: $46.00 Certified Recorded on 3/8/2010 lilll��l111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M NNESOTA VARIANCE 10-01 at 12:30 ❑AM �PIA Carl W. Hanson, Jr. Registrar of Titles 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case 10-01 for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF). The granting of this variance is final. 2. Pro e . The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: SCANNED Lots 4 & 5, Block 1, Brenden Pond 3`a Addition 3. Condition. The variance approval is subject to the following conditions: 1. The applicant shall apply for a Buildins Permit. 2. Lots 4 & 5, Block 1, Brenden Pond 3 Addition shall be combined into a single zoning lot. 3. The internal easements between Lots 4 & 5, Block 1, Brenden Pond 3"d Addition shall be vacated. 4. The exterior of the home shall maintain a single-family appearance (single driveway, single main entrance, etc.) 5. The second dwelling unit above the garage may only be accessed from the interior of the main house. 6. Separate utility services may not be established. 7. The structure must comply with Minnesota State Building Code. 1 0 8. The site must comply with all zoning requirements of the Chanhassen City Code. 9. Neither dwelling unit may be rented. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: January 19, 2010 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayco AND: 'j— Pf— Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this I day of AA:A� rer ��, 2010 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhadilen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 OT PUBLIC 4 KAREN J. ENGELHARDT Notary Public -Minnesota My canx j," ErNti Jan 31, 2015 .r Document to OFFICE OF THE OF TITLES T 174451 CARVERISTRAR COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee: $e466..00 Certfied Recorded on 3/8/2010 at 12:30 ❑ AM PM 174151 NIIIII IIIII III I III Reg strar of Titles r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ZONING LOT DESIGNATION The fee owners of Lots 4 and 5, Block 1, Brenden Pond 3`d Addition, PID 25-1470040 and 25-1470050, Carver County Minnesota (collectively The Lots") have requested that The Lots be combined as a single lot for zoning and building purposes (25-1470040). The Lots are hereby designated as a single Zoning Lot pursuant to Chanhassen City Code § 20-903. Interior lot lines within the Zoning Lot shall be disregarded in applying setbacks, other zoning requirements and building code requirements. The Lots may not be conveyed as separate lots. The Zoning Lot may not be subdivided without complying with the City of Chanhassen's subdivision regulations. The Zoning Lot must have a single tax identification number. This Zoning Lot Designation shall be recorded against the title to The Lots. CITY OF CHANHASSEN BY: 6h Kate Aanenson, Community Development Director STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this q +-h day of Ce by Lka r� , 20 1 O , by Kate Aanenson, the Community Development Director of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation. N ARY PUBLI 149207v01 RNK:12/16/2009 W-A"111190 KIM T. MEUWISSEN IVNotary Public-Minnesobt M' eommlrlon Epee Jen 8I, YM6 • City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: _2 4-23/o puly Chanhassen City Clerk Printed Name: Arwrek A) 4ieurtes Ure LacvJo\n �r�� C t�ad2 0. �oIr.111- , C .iyb: ;a +�Wc l3i---, P �b * PROPERTY OWNERS: t \� r Alfredo Penteado III Candyc enteado STATE OF NIINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this `t 4-h day of Ge bYLta (q 20 10 , by Alfredo Penteado III and Candyce Penteado, property owners. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK NO ARI3BLIC T. MEUWISSEN Notary Public-Minnesota[#KIM y C,,,W iw E.,Jm Jan 31, 2016 149207v01 RNK:12/1612009 Document NJ* OFFICE OF THE REGISTRAR OF TITLES T 174305 CARVER COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee: $46.00 Certified Recorded on 212312010 at 09:00 V3 AM ❑ PM 174305 illlllll II IIIIiI III Carl . Reg stray oHanson, Tdlesr (reserved for rerording informnrion) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The easement premises may not be paved for use for as a trail, street or for similar purpose. 149611 v02 l CHAN/PENTEADO D&U EASMT SRN:t02/02/2010 SCANNED (Lots 4&5, BIk 1, Brenden Pond 3rd Add.) �J The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of t�_, 2010. STATE OF MINNESOTA ) (ss. COUNTY OFO The foregoing instrument was acknowledged before me this `IA 1\ day of r q 2010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife. DRAFTED BY: CAwBELL KNursoN Professional Association / 317 Eagandale Office Center J[ 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms NO ARY PUBLIC KIM T. MEUWISSEN Z9r Notary Public -Minnesota Mr Cornml=w Expires Jan 37, 2oi5 149611v02 2 CHAN/PENTEAno D&U EAsmtT SRN:r02/)712010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTION(S) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. 0 A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. (TORRENS PROPERTY -- Certificate of Title No. 337091 149611v02 3 CHAN/PaNrE.ADo D&U EASMT SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. CO ITONEBBYts icer �j6w-K1 -Da-kc4-a- =KIMBERLYAYS STATE OF )c (ss.akota COUNTY OF C oL5S ) April 5, 2013 The foregoing instrument was acknowledged before me this � day of , 2010, by �e t9 �D �w�S _— e —b5 the L 0 ' firA of Cornerstone Bank, on its behalf. DRAFTED BY: CANTBELL KNVrsoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:rns 14961102 4 CHAN/PENTEAi)o D&U EAsmT SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT GESTACH & PAULSON PARTNERSHIP, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166735 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. GESTACH & PA ON PARTNERSHIP B Its fv.{�� STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this �h day of R 20R, by 4)6"de C-Ta-m a C k . "d -ley- t (3-k-" end- of Gestach & Paulson Partnership, on its behalf. N RY PUBLIC DRAFTED BY: CAMPBELL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve ""'a,. JEAN M. STECKLING Eagan, Minnesota 55121 Telephone: (651) 452-5000 Notary Public -Minnesota SRN:ms ''+`„�' MY Commieslon Expires Jen 31, 2014 149611 v02 5 CHAN/PENrEADo D&U EASMT SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EASEMENT PREPARED FOR: GESTACH PAULSON LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION VACAT 0N EX H H -1- S 89,01 '05 " E 9731 a k"- ." aNly E..en.nt e 0,\ -25' Tree Preserwltbn b � 1Jr T—_—____ l- .aata.�.i za• of aauws. � � \ ` and unity E.s.ment ® 0R,4/NAGE & UTILITY EASEMENT TO BE VACATED SOT � S1ERLY UNE OF 93 1NWE NOR '06" E / dE 65'�� 10 zaoe 6+ B � 6g � p1�1oN: 3D o LOT 436 \ 450R .0� 0� f i 65.Vo5„ E, 8 \ `t N 69 52 q �'�f DER �S p��i Sp Proposed Tree Preservation Easement: 1\ An easement for tree preservation purposes over and REVISED: 2(1) . across the northerly 25.00 feet of Lot 5, Block 1, REVISED; 2/101at/110 to (2) Brenden Ponds 3rd Addition. Easement to be Vacated: Proposed Additional Drainage and Utility Easement. The drainage and utility easements as dedicated in Block An easement for drainage and utility purposes over, 1, Brenden Ponds aid Addition which are described as under and across the southwestery 10.00 feet of the follows: northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. That port the northeaster/y 5.00 feet of Lot 4, and the southwester/y 5.00 feet of Lot 5, said Block 1, which lie Proposed Additional Drainage and Utility Easement: northwesterly of the southeaster/y 10.00 feet of said Block An easement for drainage and utility purposes over, 1, and which be southeaster/y of a line drown parallel with under and across the souther/y 20.00 feet of the and 5.00 feet southeoster/y of the northwesterly line of norther/y 25.00 feet of Lot 5, Block 1, Brenden Ponds said Lot 4 and its northeaster/y extension. 3rd Addition. DEMARS—GABRIEL LAND SURVEYORS, INC. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws o/ the State o, Minnesota. File No. 17778 C 6875 hin ton Ave, $O. 9 CERTIFICATE Book —Pa e 9 Suite 209 Edina, MN 55439 �� OF SURVEY David E. Crook Phone:(952) 767-0487 Scale Fax: (952) 767-0490 Date: 12/15/09 Minn. Reg. No. 22414 1"-20, PDF created with pdfFactory trial version www.odffactorv.com CARVER COUNTY RECORDER/REGISTRAR OF TITLES DOCUMENT COVER PAGE Document NO. OFFICE OF THE REGISTRAR OF TITLES T 174954 CARVER COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee: $46.00 Certified Recorded on 4/27/2010 at 09:00 pAM ❑ PM 174954 11111111111111I III CReg Re. Hanson. gisof Titlesr. DOCUMENT TITLE: DOCUMENT DATE: 3_Q- NAMES: (/71 (3c9, f2, Ts(� CONSENT TO EASEMENT BY MORTGAGE HOLDER M&I BANK F.S.B., a Federal savings bank organized and existing under the laws of the United States of America, which holds a mortgage on all or part of the property more particularly described in the attached Grant of Permanent Easement from Alfredo L. Penteado III and Candyce J. Penteado, husband and wife, in favor of the City of Chanhassen, Minnesota; said mortgage is dated February 16, 2010 and recorded with the Carver County Registrar of Titles Office on February 16, 2010 as Document No. T174253, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the attached Grant of Permanent Easement. STATE OF MffgNE 15TA COUNTY OF Aa14 ee— The foregoing instrument 2010, by ` N ret A • , M&I BANK F.S.B. BY:eaco— Its //vw� ileara!�ret AND Aai...:m Its a ) (ss. acknowledged before In)eo and by _ and /t4s�sfnn� F.S.B., a Federal savings bank organized and existing under America, on behalf of the bank. rL day of N ;,1edt of M&I Bank laws of the United States of I IRA �A' . s&E =1: DRAFTED BY: CAMPBELL KNursoN G(�M• GN/ Professional Association,,..,,� 317 Eagandale Office Center (�- C; ,N rq �1380 Corporation Center Curve tC Eagan, Minnesota 55121 Telephone: (651) 452-5000 A �0 SRN:ms ,, U8 L I C 14961 Iv02 CHAN/Penteado D&U Eastnt SRN:03/02/2010 (Lots 4&.5, Blk 1, Brenden Pond 3rd Add.) (reserved far recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CIIANIIASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The easement premises may not be paved for use for as a trail, street or for similar purpose. 149611 v02 ] CHAN/PEMtEADo D&U EAssr SRNA2/02r2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add-) 0 The above named Grantors, their successors; heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this I day of_, 2010. RS- • ��• L. ENTEADO, It CAN]Wd-J-PENTEADO STATE OFMINNESOTA ) (ss. COUNTY OF r r ) The foregoing instrument was acknowledged before me this h day of 2010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and ife. DRAFTED BY: CAhffBELL KMRSoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 14961102 SRN:r02/02/2010 =ME�UWISSENM116 2 CHAN/PENTEADo D&U EAsmT (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EXMIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRUMON(S) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. (TORRENS PROPERTY-- Certificate of Title No. 337091 149611 Y02 3 CHAN/PegT ADo D&U EAsmT SWrO21022010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. 1' '�' 1 •ill -14s- =Notary AYS STATE OF )c �t(ss.akota COUNTYOF CoLSS ) April 5, 2013 The fore oing instrument was acknowledged before me this day of 2010, by a Bad b5 the ea& of Cornerstone Bank, on its behalf. DRAFMD BY: CAmmELL KNursON Professional Assoeiahon 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 14961102 4 CHANMarrr.ADO D&U EASMT SRN:r02102/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) • 0 MORTGAGE HOLDER CONSENT TO EASEMENT GESTACH & PAULSON PARTNERSHIP, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166735 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. GESTACH &7PASON PARTNERSHIP B xC Its PA��^'Q� Ra STATE OFMINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of k 20�Q, by e C91.er�f-�. c Ih . ffi4— l r- tl 'QUA -A— -and- of Gestach & Paulson Partnership, on its behalf N Y PUBLIC DRAFTED BY: CAMPBEl. KMnTDN Professional Association 317 Eagandale Office Center 1380 Corporation Center Clove JEAN M. STECKLING Eagan, Minnesota 55121 Telephone: (651) 452-5000 Notary PublicMtnMw SRN:rns Cow^ E»aM 149611 v02 5 CHANUPenEADo D&U EASMT SRN:r02/0W010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EASEMENT PREPARED FOR: GESTACH PAULSON LEGAL DESCRIPTION: VACATION EXHIBIT S 89'01 '05" E 97.3J &&,eve wr oep o.wnne -25' rM PMWV0600 Aeetlwwl ID' N Dn1cp. % LOTS 4 & 5, BLOCK 1, ► BRENDEN PONDS'3RO ADDITION z LOT N � ® DRAINAGE & 1121 Y EASEMENT TO BF OUTFD LOT WESTERLy ��NE 0 ORV • E 06 N 65/°/O///\� N �p >, 1P � k' �' ° 6 e3 g� �loE� PO )LAKE �V USE OF 9 '1 [ 1f, Proposed Tree Preservation Easement: REVISED: 210i/10'(1) '11`1- / JO� An easement for tree preservation purposes over and REVISED: 2101110 (2) ,o LOT 4 36• R94�0 900 . e 8 t I S N 69 52 Easement to be Vacated. rho drainage and utility easements as dedicated in Block 1, Brenden Ponds Jrd Addition which are described as follows: That port the northeasterly 5.00 feet of Lot 4, and the southwesterly 5.00 feet of Lot 5, sold Block 1, which lie northwesterly of the southeasterly 10.00 feet of sold Block 1, and which lie southeasterly of a line drawn parallel with and 5.00 feet -southeasterly of the northwesterly line of sold Lot 4 and its northeasterly extension. . across the northerly 25.00 leaf of Lot 5, Block 1, Brenden Ponds Jrd Addition. Proposed Additional Oroinoge and Utility Easement: An easement for drainage and utility purposes over, under and across the southwestery .10.00 feet of the northeasterly 15.00feet of Lot 5, Block 1, Brenden Ponds Jrd Addition. Proposed Additional Drainage and Utility Easement: An easement for drainage and utility purposes over, under and across the southerly 10.00 feet of the northerly 25.00 feet of Lots, BPoak 1, Brandon Ponds Jrd Addition. DESLARS-GABRIEL l,hemby eertlt that thle eu an or re n was Onpond by yy W nn no. LAND SURVEYORS, INO. on , m an or under vn dtreoe eupervhlon aria that I am o duly Registered Land Surnyor under the Lowe of the Sfofa of Mlnnseofo. 1377o C 6875 Washington Ave, So. i1/1L'� CERTIFICATE gook— age Suite 202 .7 ' � •%" Edina MN 55439 =' . OF SURVEY David E. Crook Phone (952) 767-0487 - scale 'Fax: (952).767-0490 Date: I2yldya2 Minn. Rag. No. 22414 PDF created wRh pdfFactory trial version www.odffactory.com CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 2/24/10 PC 10-01 ATTENTION Sue Nelson RE: Penteado ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ _ COPIES DATE NO. DESCRIPTION 1 Certified Vacation Resolution THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGN -C"� / Jean Steckling, (952) 227-116 SCANNED It enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF NIINNESOTA ) ) ss COUNTY OF CARVER ) I, Karen I. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2010-11 entitled, "Vacating Drainage and Utility Easements on Lots 4 and 5, Block 1, Brenden Ponds 3`a Addition Planning Case File No.10-01" adopted on February 8, 2010, with the original copies 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 19`s day of February, 2010. gwilc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 8, 2010 RESOLUTION NO: 2010-11 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON LOTS 4 AND 5, BLOCK 1, BRENDEN PONDS 3M ADDITION PLANNING CASE FILE NO.10-01 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easement on Lots 4 and 5, Block 1, Brenden Ponds P; and WHEREAS, the existing easement was granted in 1999; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements within Lots 4 and 5, Block 1, Brenden Ponds P Addition as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 8 h day of February, 2010. ATTEST: 0 d Gerhardt, City Manager YES Furlong McDonald Ernst Litsey Tjomhom 1,7 Thomas A. Furlong, Mayor NO �� E.ASEMEHT VACATION EXHIBIT PREPARED FOR: GESTACH PAULSON LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION El ORWYAGE & 107MY - ---"05" c 97,33 o _ a.ti. ' 15 ime Ptueleir 1 4\ t \____erre >K r o.w.r r +►earl_ LOT 5 J � EASEMENT TO BE OACATED 10T n SLy SINE DF 93 NORTH �8 E; d j ,: 3% y 65,D0 o6 py r C,d \\ LOT 4- \� /883 600 \ , 36 6L450.00 ' 65 05 r R � REVISED: 2101110 (1) SOUS REMED: 2101110 t2) '- Easement to be ✓ocated.: The drainage and utility easements as dedicated in Black 1. Brander, Ponds Jrd Addition which arc described as follows: Thot port the northeasterly 500 feet of Lot 4, and the southwestery 500 feet of Lot 5, said Black 1, which lie northwesterly of the southeasterly 10..00 feet of said BWk 1, and which lie southwostery of a line drawn pervlM with and 5.00 feet southeasterly of the northwesterly line of said Lot 4 and its northeasterly extension. DEYA1i.4-GI DRIET. LAND sCR1EIOR'' I.W. 6875 Washington Ave, So. Suite 209 Edina, MN 55439 Phone:(952) 767-0487 Fax: (952) 767-0490 Proposed Tree Pmsery tion Easement: An easement for tree preservation purposes over and across the northerly 25.00 feet of Lot 5 Block 1, Brenden Ponds Jrd Addtion. Proposed Additional Oroinage and Utility Easement: An easement for drainage and utility purposes over. under and across the southwesterly 10.00 feel of the north"sterty 15.00 feet of Lot 5, Block 1, Brenden Ponds kd Addition. Proposed Additional Oromoge and Utility Easement An easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 2500 feet of Lot 5, Block 1, Br den Ponds Jrd Adlofif 1. 1 hereby candy that this ,u^ . plan or repaid m Neared by tw or uMn my e; act sups sron aM that t a a duty Registered rveydeLaae Suor under the Lava or the State o/ Ninzsofo. Daft 1211" Minn. RegNo. 22414 CERTIFICATE OF SURVEY 15nF r MM with rHW,"r v tnsl VwlRlnn v+ww MHar1nN rnm 0 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 2/17/10 PC 10-01 ATTENTION Sue Nelson RE: Penteado ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 Grant of Permanent Easement for Public Drainage & Utility Purposes THESE ARE TRANSMITTED as checked below: ❑ For approval M Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED ',Jean Steckling, (952) 227-1162 scoNEO If enclosures are not as noted, kindly notify us at once. (reservedfor recording infor rim) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The easement premises may not be paved for use for as a trail, street or for similar purpose. 149611 v02 1 CHAN/PENTEADo D&U EASMr SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of_, 2010. A CM STATE OF MINNESOTA ) (ss. COUNTY OF f C ) The foregoing instrument was acknowledged before me this +h day of re Y'Ua r q 2010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife. DRAFTED BY: CAMPBELL KNuTsoN Professioml Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:= " I AN WI - 1� r KIM T. MEUWISSEN Notary Public -Minnesota •'� My Commission Expires Jan 31. 2015 14961102 SRN:N2/022o10 CHAN/PENTEADo D&U EASMT (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTIONS) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. E A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. [TORRENS PROPERTY -- Certificate of Title No. 33709] 14961102 3 CHAN/PEtnEADO D&U EAsmT SRN:r02/02/2010 (Lots 4&5, B1k 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the properly more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. CO 7—T—t= BY Its Oval Its NOV-Kl -D KD+a- KIMBERLY B. KAYS STATE OF ) Notary Public (ss. State of North Dakota COUNTY OF C o-SS ) My Commission Expires April 5]20113 The foregoing instrument was acknowledged before me this day of 2010, by � �'p 5 cr-n and by the L_ m 0 - C- and of Cornerstone Bank, on its behalf DRAFTED BY: CAwBELL KNDrSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:rns 1496llv02 SRN:r02/02/2010 CHAN/PENrEADo D&U EAsmr - (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT GESTACH & PAULSON PARTNERSHIP, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166735 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. GESTACH & PAON PARTNERSHIP Its 0011 STATE OF N 41NNESOTA ) (ss. COUNTY OFCatAA c r ) Its The foregoing instrument was acknowledged before me this i� day of I 20 by (�Gu��_ �'n erg{ . c and by 4 0-4-b NX- 4 and of Gestach & Paulson Partnership, on its behalf. N ARY PUBLIC DRAFTED BY: CAwBaLL KNUISON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve ""� ,JEAN M. STECKLING Eagan, Minnesota 55121 Telephone: (651) 452-5000 3.. }� Notary public -Minnesota SRN:ms �' My Ommisabn E�ifea Jan 37, 2074 14%11 vO2 5 CHAN/Pe4TEAno D&U EASMT SRN:rO2/0212010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) • i MY OF February 9, 2010 7700 Market Boulevard PO Box147 Alfred & Candice Penteado Chanhassen, MN 55317 6739 Brenden Court Chanhassen, MN 55317 Administration Re: Easement Vacation Approval — Planning Case File No. 10-01 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. & Mrs. Penteado: Building Inspections Phone: 952.227.11 BO This letter is to confirm that on February 8, 2010, the Chanhassen City Council Fax:952.227.1190 approved a resolution vacating the drainage and utility easements on Lots 4 and 5, Block 1, Brenden Ponds 3`d Addition. Engineering Phone:952.227.1160 In order to finalize the vacation, the Council resolution must be recorded at Carver Fax:952.227.1170 County. In addition, since you were previously charged for a notification list of Finance lot owners within 500 feet of the subject area, you will not be charged again. Phone: 952.227.1140 Fax: 952.227.1110 If you have any questions, please contact me at (952) 227-1164. Park & Recreation Sincerely, Phone:952227.1120 Fax:952,227.1110 CITY OF CHANHASSEN Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fat:952227.1404 Alyson Fauske, P.E. Assistant City Engineer Planning & Natural Resources Phone: 952.227.1130 c: Steve Lenz, Engineering Tech III Fax: 952.227.1110 Angie Kairies, Planner I Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us !♦CANNED g1eng\vacations\brenden ponds 3rd\14-5 bl brenden pond 3 - pc 10-01\cc approval letter. doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow ' 'Chanhassen City Council 4Pebruary 8, 2010 • PO 61 city to be served by two very high quality school districts and we appreciate our relationship with you. Public Present: Name Address Gina Sauer 2244 Lake Lucy Road Paul Oehme: Thank you City Council members. The property owner here is requesting that the drainage and utility easement on their property be vacated at this time, and I'll show you. The property is located off of Lake Lucy Road. Here are the two properties that are potentially going to be combined and the easement runs down the lot line at this location. The easement again is a 10 foot wide easement. 5 foot on each of the property lines right here. The reason for this is that the property owner wishes to construct auxiliary structure on Lot 5 in conjunction with Lot 4 and then also the additional improvements on Lot 5 potentially in the future. Staff does not have an issue with the vacation of this property, although I have requested that a drainage utility easement be dedicated along the eastern side of Lot 5 to accommodate, and the north side of Lot number 5 to accommodate potential utility improvements in the future so. And the property owner, we met with them and the contractor that's potentially working on this project a couple times and they seem amenable to that. I did hand out the updated drainage and utility dedication for the, for this project as well so, and again the easement vacation area, staff did call Gopher State One. There is no private or public utilities out in this area and we are in agreement that this easement can be vacated if the drainage utility on Lot 5 are dedicated so with that I'd request or ask if there are any questions by the council and I'd request that a public hearing be open at this time. Mayor Furlong: Okay, thank you. Any questions for staff at this point? And again as part of the proposed motion the approval will be contingent upon adjoining the lots and granting the new easements, correct? Paul Oehme: That's correct. Mayor Furlong: Okay, thank you. Any questions for staff at this point? Is the applicant here? And if so do you wish to address the council on anything? Okay. At this point then I would open up the public hearing and invite all interested parties to come forward and address the council on this matter. No one this evening on this item? Okay, without objection we'll close the public hearing and bring it back to council for. Oh I'm sorry. Gina Sauer: Oh I just had a question ... to address. Mayor Furlong: Certainly. With regard to this issue? SCµOo Chanhassen City Council — February 8, 2010 • e Gina Sauer: Yes. Mayor Furlong: Thank you. If you could state your name and address at the beginning. Gina Sauer: Sure. My name is Gina Sauer and I live at 2244 Lake Lucy Road, which is the property immediate to the east and I just wanted to make sure that I understood the documentation that was on the web site that one of the reasons for the adjusted easement and the replacement easement I guess you'd call it on the east side of the property on the east side of the property as opposed to the piece that kind of goes down where they adjoin. The two lots. Is for purposes of possible future directional boring associated with the watermain, correct? Paul Oehme: Yeah, that's correct. There's a potential for a future raw watermain. A new well potentially up in this area in the future. We've identified it on our comp plan so it's, we haven't, we don't have a date for that yet or have any plans right now for those improvements but we just wanted to plan for that potential improvement in the future and again it's, we're looking at a directional bore process so we're not open cutting it disturbing the surface out in this area. Like to try to do it as minimal disruption as we can. There's a tree easement to the north of you that we want to protect so we don't want to damage that area if at all possible. Gina Sauer: Okay, and so it's anticipated that the new easement as marked on the documentation would be able to accommodate that watermain? Paul Oehme: Absolutely. Gina Sauer: Within that easement space. Paul Oehme: Absolutely, yep. Gina Sauer: Okay. That's my only question. Alright, thank you. Mayor Furlong: Thank you. Anyone else that would like to address the council on this matter? No? Seeing none then without objection we'll close the public hearing and bring it back to council for discussion. Any thoughts or comments on this from council? Or would someone like to make a motion. Councilwoman Ernst: I'll make a motion. Mayor Furlong: Please. Councilwoman Ernst: I make a motion to vacate the drainage and utility easement on Lots 4 and 5, Block 1, Brenden Ponds P Addition as shown on the survey prepared by Demars-Gabriel Land Surveyors, Inc. dated 12/18/09. Approval is contingent upon combining the lots and recording the "Grant of Permanent Drainage and Utility Easement" document. Mayor Furlong: Thank you. Is there a second? ' Chanhassen City Council ebruary 8, 2010 Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-11: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council vacate the drainage and utility easement on Lots 4 and 5, Block 1, Brenden Ponds 3rd Addition as shown on the survey prepared by Demars-Gabriel Land Surveyors, Inc. dated 12/18/09. Approval is contingent upon combining the lots and recording the "Grant of Permanent Drainage and Utility Easement" document. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: AUDUBON ROAD RECONSTRUCTION PROJECT 10-02: PUBLIC HEARING: AUTHORIZE PREPARATION OF PLANS & SPECIFICATIONS. Public Present: Name Address Tana Erickson & Tim Boyce Kristi Strang Steve & Mary Pat Monson Dennis & Ruth Chadderdon Meredith & Patrick Walsh Gary Theis Bruce Feik Pamela Strand J. Phans Elizabeth Kressler Wendy O'Connor Tim & Brenda Moore M. Choiniere Family 8941 Audubon Road 1701 Valley Ridge Trail South 8850 Audubon Road 8900 Audubon Road 8731 Audubon Road 1696 Valley Ridge Trail North 1773 Valley Ridge Trail South 8640 Audubon Road 1815 Valley Ridge Trail South 1750 Valley Ridge Trail North 1702 Valley Ridge Trail North 1812 Valley Ridge Trail North 8481 Bittern Court Paul Oehme: Thank you Mayor, City Council members. Before I begin real quickly, the staff did receive two additional comments from residents in this project area. Didn't have time to include it into the packet so I did hand them out to you, if you have any questions about those. And also I have here tonight Pat Corkle with SRF Consultants. He is, helped the City with the preliminary design, the layout and the geometrics of the road. The traffic issues surrounding this project as well so. This project has been planned for several years. Staff did hold two neighborhood meetings. One at the beginning of December and then also one in January. The one in December was more for the property owners most impacted by the project area that have driveway accesses and such, and the January 13d' meeting was more for neighborhoods area so we did send out about 100 notices I recall to the property owners in this area for those meetings. Audubon Road is scheduled for improvements. As you know Audubon Road is just south of Highway 5 and the section of Audubon that we're considering for improvements is south of Lake Drive West and then down to Lyman Boulevard about three-quarter of a mile stretch of roadway. The existing conditions for Audubon, it's a rural section roadway. No curb and gutter at this 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Admhdshation Phone: 952.227.1100 Fax:952.227 1110 Building Inspections Phone: 952227.1181 Fax: 952,227.1190 Engineering Phone: 952.227,1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & BdxeaBan Phone:952.227.1120 Fax: 952.227.1110 Remall Gender 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 Flaming B Nahual Resources Phone:952.227.1130 Fax: 952.227.1110 Nk Works 1591 Park Road Phone: 952.227.1300 Fax:952.227,1310 Swig center Phone:952.227.1125 Fax: 952.227.1110 Web Site wwvv d.chanhassen,mn,us 49 MEMORANDUM TO: Paul Oehme, Director of Public Works/City Engineer � , d FROM: Alyson Fauske, Assistant City Engineer a+ DATE: February 8, 2010 SUBJECT: Vacation of Drainage and Utility Easements, Lots 4 and 5, Block 1, Brenden Ponds 3d Addition — Planning Case File No. 10-01 PROPOSED MOTION "The City Council is recommended to vacate the drainage and utility easements on Lots 4 and 5, Block 1, Brenden Ponds 3'a Addition as shown on the survey prepared by Demars-Gabriel Land Surveyors, Inc. dated 12/18/09. Approval is contingent upon combining the lots and recording the "Grant of Permanent Drainage and Utility Easement" document. City Council approval requires a simple majority vote of the City Council present. BACKGROUND The drainage and utility easements were granted with the Brenden Ponds 3`a Addition in 1999. The drainage and utility easements that are proposed to be vacated are a portion of the perimeter easements and do not contain any public or private utilities according to Gopher State One Locates. 41 Lake Ann I/ The applicant owns both lots and k'"'—� d .1 "'_gnway' will combine the lots under one tax ' 1`Trry�rrr�s"—�—� parcel ID. The lots were combined to accommodate the proposed single-family dwelling and future improvements to the lot, including a deck and pool. The applicant understands that building permits are required for the proposed improvements to the property. 0 Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow Paul Oehme Vacation of D & U Easement — Brenden Ponds Yd February 8, 2010 Page 2 The five-foot wide rearyard drainage and utility — easement on Lot 4 and a portion of the five-foot wide drainage and utility easement on the west side of Lot 5 are proposed to be vacated, as shown. \ tm 5 aeaxx s unm Staff originally identified this area for a future WOW 10 x 1100 well collection pipe to convey raw water from a future well on the Minnetonka Middle School property to the north to the existing well collection pipe located near the intersection of Lake Harrison 05 for 4 Circle and Lake Lucy Road. It is anticipated that X. the majority of the well collection pipe will be directionally bored to minimize disturbance to the existing surface improvements within the project W� corridor. The alignment of the well collection pipe can be shifted to accommodate the proposed easement vacation. The applicant has agreed to dedicate additional drainage and utility easements at the back and east side of Lot 5 to accommodate the future well collection pipe. The easement document is attached and will be recorded with the vacation. 1. Application 2. Drawing and legal description of easement vacation 3. Notice of Public Hearing/Affidavit of Mailing 4. Grant of Permanent Drainage and Utility Easement — To be handed out at City Council Meeting CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and Address: Wo N . C41GStYtLc.f- C�a. M Kl Contact:0avid ue5t-(ke-),,l Phone: Fax. (1) Z -4Ub—`112t3 Email: stave alne� sraC1% Planning Case No. CITY Ci- vr.: DEC 2 2 7p09 ENGINeFRi:i, Address: Contact: Phone: eS-Z LSD- 33 i Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Y Vacation of Right-of-W /Easeme AC) (Additional recording ees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment .0 Notification Sign — $200 YC(C�rci ttK� (City to install and remove) X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB'3�O TOTAL FEE $ 3� 5 Ex�et ed I 1201, An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.till) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: WETLANDS PRESENT: YES k NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: Iao 6'ensiful f> soe YIt1C( REQUESTED LAND USE DESIGNATION: xl f Y1L�_ REASON FOR REQUEST V Q ca f l on FOR SITE PLAN REVIEW: Include number of existing employees: and new employees. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title. Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies. etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Sig tac9#ofApplicant Signature of Fee Owner gApImUornieWevelopmenl review applim ion.doc Date �LlLi j.X> 90 Date W. EASEMENT VACATION EXHIBIT S 89'01 b5" E 97.33 owy..r veq r�w,.e PREPARED FOR:-��-------��-;1�-� errrraru+.w J:� \ GESTACH PAULSON LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION z LOT 5 ® ORAINANE & UIIVIY EASEMENT TO BE VACATED OF LOT Rey SINE ` 19dr 05 .+ e Ir �650�0/�j �y dz N �N cz �a „m � j- a 5� p�p� p9 LOT 4 /°63. 00 �Rp Pp OZ 36 \ 53 4 �28 �O p,� PpNpS R A o19 19 /�,,6 BRE�pf 11 1 65.?� E B�Vv I \ N 692Ot ' S0p Proposed tree Preservation Easement: RE. . 2101110 (1) h` An easement for tree Preservation purposes over and REVSm: 2101110 (2) Easement to be Vacated. The drainage end utility easements as dedicated in Block 1, Brenden Ponds 3rd Addition which are described as follows: 7hat port the northeasterly 500 feet of Lot 4, and the southwesterly 5.00 feet of Lot 5, said Block 1, which lie northwesterly of the southeostedy 10.00 feet of said Block 1, and which lie southeostedy of a line dmwn parallel with and 5.00 feet southeasterly of the northwesterly line of sold Lot 4 and its northeasterly extension. across the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. Proposed Additional Drainage and Utility Eosement: An easement for drainage and utility purposes oven under and across the southwesterly 10.00 feet of the northeasterly 1500 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. Proposed Additional Drainage and Utility Easement: An easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds Jrd Addition. DEMARS-GABRIEL 1 h rm y cwnry M& M ", - pa° w `.prat ' R wee M aw — ••,•. L4ND SURVEYORS, INC. a'' ake�t super` ara act 1 ° a e°y Regrtwed tae4 a Me `�, a a" 5�. of Mn wm °. 15"s c CERTIFICATE Suite Washington Ave, So. mak-Page Suite 209 Edina, AIN95 55439 ��Crook • Dx 4c, OF SURVEY DoNd E. Crook Phone:(952) 767-0487 scow Fox: (952) 767-0490 Me: 12/18/09 Minn. Reg. N . 22414 1 "-20' PDF gated with pdffactory Vial version www.odflactorv.com NOTICE OF PUBLIC HEARING VACATION OF A PORTION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 8, 2010, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of Candyce & Fred Penteado for the vacation of a portion of the drainage and utility easements on Lots 4 and 5, Block 1, Brenden Pond 3`d Addition, Vacation File No. 10-01. A legal description and drawing of the proposed vacation area are available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Alyson Fauske, Assistant City Engineer Phone: 952-227-1164 (Publish in the Chanhassen Villager on January 21, 2010) ScAµµea g \cng\vacations\14-5 bl brenden pond 3 - pc 10-01\ph notice to paper. doc 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. .COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 27, 2010, 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 the Vacation of a Portion of Drainage & Utility Easements on Lots 4 and 5, Block 1, Brenden Pond 3`d Addition to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to brifore me thig`�lay o 2010. JEAN M. STECKLING Notary Public -Minnesota t—LF ✓ ..a My CMmi"— Explms Jan 31. 2014 Notary Public SCANNED Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, infonmation and data located in various city, county, slate and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIs) Data used to prepare this map are error free, and the City does rot represent that the GIs Data can be used for navigational, baclang or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952.227-1164. The preceding disdaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), antl the user of this map acknowledges that the City shall not be liable far any damages. and etpressly waives all claim, and agrees to defend, indemnify, and hold harmless the City from any antl all cards brought by User, its employees or agents, or third parties which arse M of the users access or use of data p ovided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, stale and federal offices and other sources regarding the area shown, and is m be used for reference purposes only. The City does not warrant that the Geographic Information System (GIs) Data used to prepare this map are error free, and the City does not represent that the GIs Data on be used for navigational, tracking or any other purpose requiring enacting measurement of distance or direction or precision in the depiction of geographic features. If emors or discrepancies are found please contact 952-227-1164. The preceding disdaimer is provided pursuant to Minnesota Statutes §466.03, Sund. 21 (20(0), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hdtl harmless the City from any and all dome brought by Use, its employees or agents, or third parties which was out of (file users access or use of data provided. Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, February 8, 2010 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of a Portion of Drainage & Utility Easements - Planning Case File No. 10-01 Applicant: Cand ce & Fred Penteado Address/ 6739 Brenden Court & 2254 Lake Luc Road Location of (Lots 4 & 5, Block 1, Brenden Pond 3 Addition) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abuttin ro pert . This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227- Comments: 1164 or e-mail afauske@ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on January 21, 2010, Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, February 8, 2010 at 7:00 p.m. public hearing. City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of a Portion of Drainage & Utility Easements - Planning Case File No. 10-01 Applicant: Cand ce & Fred Penteado Address/ 6739 Brenden Court & 2254 Lake Lucy Road Location of (Lots 4 & 5, Block 1, Brenden Pond 3 Addition) Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's • What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227- 1164 or e-mail afauske@ci.chanhassen.mn.us if Comments: you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published In the Chanhassen Villager on January 21, 2010. ALFREDO L PENTEADO III gRUCE &SALLY BAROUIST CANDYCE J PENTEADO BRU LAKE LUCALLY A EDE INDEGO DR CHANHASSEN MN 55317-7561 EDEN PRAIRIE MN 55347-1205 CLEONE B FOSTER CURTIS W & NOELLE W SWENSON 2275 LAKE LUCY RD 6614 ALDER WAY CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-4581 DANE S & LISA D DOESCHER DANIEL C & JANE A MCKOWN 6732 BRENDEN CT 2171 PINEHURST DR CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-4579 ERIC M & PATRICIA E BURDON HERBERT M & DONNA M HILLMAN 6690 BRENDEN CT 6716 BRENDEN CT CHANHASSEN MN 55317-7560 CHANHASSEN MN 55317-7570 JOSEPH R COOK & KATHLEEN L KENNETH F & KRISTEN L THATCHER HUNTINGTON 2219 LAKE LUCY RD 6672 BRENDEN CT CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-7560 MARVIN P & BARBARA A MILLER MARY ANN OLSON 2340 LAKE LUCY RD 2249 LAKE LUCY RD CHANHASSEN MN 55317-7561 CHANHASSEN MN 55317-6706 MICHAEL E & ANNE M RYAN MICHAEL L & AMY C DEGENEFFE 2595 SOUTHERN CT 6654 BRENDEN CT CHANHASSEN MN 55317-7547 CHANHASSEN MN 55317-7560 SANG C & NHI T KY STEPHEN J & LAURIE A KERKVLIET 6729 BRENDEN CT 2201 LAKE LUCY RD CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-6706 THOMAS &MARY KUHN TONKA DEVELOPMENT LLC ATTN: 6693 BRENDEN CT MARY CHANHASSEN MN 55317-7560 18001 HIGHWAY 7 MINNETONKA MN 55345-4150 WILLIAM O & KRISTEN K FLANAGAN ZHIJUN WANG & YOUFEI WU 6653 BRENDEN CT 2237 LAKE LUCY RD CHANHASSEN MN 55317-7560 CHANHASSEN MN 55317-6706 BRUCE S & HELEN TERESA SMITH 9 HAWKINS DR NORTHPORT NY 11768-1527 DAN V & CYNTHIA M SEEMAN 6673 BRENDEN CT CHANHASSEN MN 55317-7560 DON W & CHRISTINE A ANTHONY 6700 BRENDEN CT CHANHASSEN MN 55317-7570 JOHN G II & BARBARA K JACOBSON 6719 BRENDEN CT CHANHASSEN MN 55317-7570 KIMBERLY K GOERS 6709 BRENDEN CT CHANHASSEN MN 55317-7570 MICHAEL D & DEBRA H ANDERSON 6681 AMBERWOOD LN CHANHASSEN MN 55317-4582 PLOWSHARES DEVELOPMENT LLC 1851 WEST LAKE DR #550 CHANHASSEN MN 55317-8567 STEPHEN M & HEATHER L PINT 6750 BRENDEN CT CHANHASSEN MN 55317-7570 TROY A BADER & GINA SAUER 2244 LAKE LUCY RD CHANHASSEN MN 55317-6706 (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The easement premises may not be paved for use for as a trail, street or for similar purpose. 149611 v02 1 CHAN/PErrreAW D&U EASMr SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of 2010. GRANTORS: ALFREDO L. PENTEADO, III CANDYCE J. PENTEADO STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife. NOTARY PUBLIC DRAFTED BY: CA WBELL KNU TSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 149611 v02 2 CHAN/PENTEADo D&U EAsmr SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) 0 EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRWnON(S) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. 0IL A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. [TORRENS PROPERTY — Certificate of Title No. 337091 149611v02 3 CHAN/PENTEAoo D&U EAsmT SRN:t02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) 0 MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. CORNERSTONE BANK BY: Its AND _ Its STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by F), its behalf. DRAFTED BY: CAwBELL KNUrsoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms and by NOTARY PUBLIC the of Cornerstone Bank, on 149611 v02 4 CHAN/PENTEADo D&U EASMT SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 27, 2010, 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 the Vacation of a Portion of Drainage & Utility Easements on Lots 4 and 5, Block 1, Brenden Pond 3rd Addition to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thitahNay=o, 2010. "s JEAN M.STECKLING Notary Public -Minnesota My Co 18&'On EKWM Jan 31, 2014 Notary Public {CANNED Disclaimer Th.s map is ne<rer a legally rewmed map nor a s,rvey ano is of mtunnea to be used as one. This map Is a compilation of records, infoonatgn and data located In various city, worry, state and federal offices aM other sources regarding the area shown, and is to be used for reference purposes only. The City does not wertant that the Geographic Information System (GIS) Data used to prepare this map are some hee, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If ertors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), anal the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indent and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not imentled to be used as one. This map is a compilation of records, infoma 1pn and data local in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does rat warrant that the Geographic Information System (GIS) Data used to prepare this ral are erar free, and the City does not represent thill the GIS Data can he used for navigational, bracldrtg or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 12000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harnless the City from any and all calms brought by User, its employees or agents. or third parties which arise out of the users access or use of data provided. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, February 8, 2010 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of a Portion of Drainage & Utility Easements - Planning Case File No. 10-01 Applicant: Cand ce & Fred Penteado Address/ 6739 Brenden Court & 2254 Lake Luc Road Location of (Lots 4 & 5, Block 1, Brenden Pond 3r Addition) Proposal: I A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227- Comments: 1164 or e-mail afauske@ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on January 21, 2010. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, February 8, 2010 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of a Portion of Drainage & Utility Easements - Planning Case File No. 10-01 Applicant: Cand ce & Fred Penteado Address/ 6739 Brenden Court & 2254 Lake Luv Road Location of (Lots 4 & 5, Block 1, Brenden Pond 3 Addition) Proposal: I A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. Tho vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office • hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952-227- 1164 or e-mail afauske@ci.chanhassen.mn.us if Comments: you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villa er on January 21, 2010. ALFREDO L PENTEADO III BRUCE & SALLY BARQUIST BRUCE S & HELEN TERESA SMITH C 001 INDEGO DR CE J PENTEADO 2360 LAKE LUCY RD 9 HAWKINS DR EDE NDDEN PRAIRIE MN 55347-1205 CHANHASSEN MN 55317-7561 NORTHPORT NY 11768-1527 CLEONE B FOSTER CURTIS W & NOELLE W SWENSON DAN V & CYNTHIA M SEEMAN 2275 LAKE LUCY RD 6614 ALDER WAY 6673 BRENDEN CT CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-4581 CHANHASSEN MN 55317-7560 DANE S & LISA D DOESCHER DANIEL C & JANE A MCKOWN DON W & CHRISTINE A ANTHONY 6732 BRENDEN CT 2171 PINEHURST DR 6700 BRENDEN CT CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-4579 CHANHASSEN MN 55317-7570 ERIC M & PATRICIA E BURDON HERBERT M & DONNA M HILLMAN JOHN G II & BARBARA K JACOBSON 6690 BRENDEN CT 6716 BRENDEN CT 6719 BRENDEN CT CHANHASSEN MN 55317-7560 CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-7570 JOSEPH R COOK & KATHLEEN L KENNETH F & KRISTEN L THATCHER KIMBERLY K GOERS HUNTINGTON 2219 LAKE LUCY RD 6709 BRENDEN CT 6672 BRENDEN CT CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-7560 MARVIN P & BARBARA A MILLER MARY ANN OLSON MICHAEL D & DEBRA H ANDERSON 2340 LAKE LUCY RD 2249 LAKE LUCY RD 6681 AMBERWOOD LN CHANHASSEN MN 55317-7561 CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-4582 MICHAEL E & ANNE M RYAN MICHAEL L & AMY C DEGENEFFE PLOWSHARES DEVELOPMENT LLC 2595 SOUTHERN CT 6654 BRENDEN CT 1851 WEST LAKE DR #550 CHANHASSEN MN 55317-7547 CHANHASSEN MN 55317-7560 CHANHASSEN MN 55317-8567 SANG C & NHI T KY STEPHEN J & LAURIE A KERKVLIET STEPHEN M & HEATHER L PINT 6729 BRENDEN CT 2201 LAKE LUCY RD 6750 BRENDEN CT CHANHASSEN MN 55317-7570 CHANHASSEN MN 55317-6706 CHANHASSEN MN 55317-7570 THOMAS & MARY KUHN TONKA DEVELOPMENT LLC ATTN: TROY A BADER & GINA SAUER 6693 BRENDEN CT MARY 2244 LAKE LUCY RD CHANHASSEN MN 55317-7560 18001 HIGHWAY 7 CHANHASSEN MN 55317-6706 MINNETONKA MN 55345-4150 WILLIAM O & KRISTEN K FLANAGAN ZHIJUN WANG & YOUFEI WU 6653 BRENDEN CT 2237 LAKE LUCY RD CHANHASSEN MN 55317-7560 CHANHASSEN MN 55317-6706 PC 10-ai NOTICE OF PUBLIC BEARING VACATION OF A PORTION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 8, 2010, at 7.00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of Candyce & Fred Penteado for the vacationofaportionof thedrainage and utility easements on Lots 4 and 5, Block 1, Brenden Pond 3' Addition, Vacation File No. 1001. A legal description and drawing of the proposed vacation area are available for public review at City Hall during regular business hours. All interestdd persons are invited to attend this public hearing and express their opinions with respect to this proposal. Alyson Fauske, Assistant City Engineer Phone: 952-227-1164 (Published in the Chanhassen Villager on Thursday. January 21, 2010; No. 4314) 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 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and shid 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: abcdefghijkhnnopgrstuv Laurie A. Hartmann Subscribed and sworn before me on this�day of ?i, 2010 Nu lic v ,. JYMME J. BARK �i NOTARY PUBLIC - MINNESOTA 1\ My Commission Expires 01/31/2013 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 ................................ S31.20 per column inch Rate actually charged for the above matter .............................................. S12.59 per column inch {CANNED 103 NOTICE OF PUBLIC HEARING VACATION OF A PORTION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, February 8, 2010, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of Candyce & Fred Penteado for the vacation of a portion of the drainage and utility easements on Lots 4 and 5, Block 1, Brenden Pond P Addition, Vacation File No. 10-01. A legal description and drawing of the proposed vacation area are available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Alyson Fauske, Assistant City Engineer Phone: 952-227-1164 (Publish in the Chanhassen Villager on January 21, 2010) sept4140 gAcng\vacations\14-5 b I brenden pond 3 - pc 10-01\ph notice to papa. doc 2 1 _mn 2. ROOF PUN 0 W Z SCALE:Ye=I'II' Y mw 07 E Ll �1'P.�� r0'K�S 3rp1 �G C m BRENDEN COURT v W_0, r , 38'_3• V L 42'-0, Z �7r�r 2 I" L---------------ter Id SCANNED 4- 1 rA but u IZ- 011 -+}%- 3337- EASEMENT VACATION EXHIBIT m Drainage and Utility Easement LEGAL DESCRIPTION: o. LOTS 4 & 5, BLOCK 1, ; BRENDEN PONDS 3RD ADDITION �\ 0 DRAINAGE &UTILITY \ EASEMENT TO BE VACATED TERRY ��NE � ee, � 001 �5' o/�5j p8 N j092 " 2642 �s� C, 01�10� 50.0 LOT 4 D5.00 0 ''i 1` i ! 657 05 S DER � ' S 001 - Easement to be Vacated: The droinoge and utility easements as dedicated in Block 1, Brenden Ponds 3rd Addition which ore described as follows: That part the northeaster/y 5.00 feet of Lot 4, and the southwester/v 5.00 feet of Lot 5, said Block 1, which lie northwesterly of the southeaster/y 10.00 feet of said Block 1, and which lie southeaster/v of a line drown parallel with and 5.00 feet southeasterly of the northwesterly line of said Lot 4 and its northeasterly extension. PREPARED FOR: CESTA CH P_l ULSON DEMArS—Crf�R,c;' INC. LAND 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Lows of the State of Minnesota. File No. 13778 C CERTIFICATE A, ,S 6875 Washington Ave, So. 875 Washington e Book -Page Suite 209 Edina, MN 55439 OF SURVEY David E. Crook Phone:(952) 767-0487 Scale Fax: (952) 767-0490 Date: 12118109 Minn. Reg. No. 22414 1 —20 C`. lolti ?5� (01`6S $CANNED ATre1s 3�d �/a r, si'LtOI(IY�!k/»MIGIk}d /'f.MI I/,rri.fA'A.Wdfd+. � .rsracrE M.K .; .... 77 I% Y y • \ pAl � / `�"^':>� �.k v�, t � e L = — leot» _ J S \4 � �_ �, 5 ....,rr= .v --- �J S ��s•bvrrs'�i�l�� `�83 � d ;�, \ �Wi►'+f�•—wr — — 'if " I;x•r�.I pf!M I ; R C 1/7 + ; z ,qlx ...d die%Ar=N 5 +\ 8 8 \ Z s' �[/i �'�� °r• I �, � i !" i= S 5 \3 V 0� �\ \.� :�.JC►WQf2r rV Ie _. RZYO � .»y�..r/,nm..n.•a•ir.st.�✓.n-. �.✓cre:�<e � � /a �\ \ /lV �\ s \ '( ° r.so \ d.11 ¢. it I �C)<Cl a\` Jd►'//RfY }gf.Od `' yl s/`�Y -'yf'�� \'� 3 sa»st►7vma�r II sxvs',o• „�\ `. sQyy lyIF 5 ' 1 if / la a NI1SYfll'✓ `� 17 Y\\y C i' Ila ' \N.`w-. 111� t Ilk 3 sr�/ ` 3r isil :�rf �arr�r i _ � ?•�aa - L•J14tJr ��m ' 1 lie! I ser✓rarE'iaczsr—T— '... SCANNED -_.. dI /� i •s8�s;vnr/A.mh-I/.Aw.6s.I.rf eJmr TREE PRESERVATION EASEMENT INSTRUMENT made this _!5 �k day of w� , 1995, by and between GESTACH AND PAULSON CONSTRUCTION, aMinnesota general partnership ("Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") The Grantor, in consideration of good and valuabl 2�sideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent tree preservation easement over, under, and across the premises described in the attached Exhibit "A" (the "subject property") The Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the subject property: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment within the dripline of a tree, that has the potential to damage the tree. B. Cutting or removing trees. Removing dead trees, trimming trees to maintain health, removing diseased trees, and removing selected trees approved by the City when required to allow sunlight to penetrate a limited areas on the property, may be undertaken. C. Excavation or filling when these activities may contribute to damage or loss of protected trees. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. CHAN:BRENDEN POND 22926 22926/95 (Gestach & Paulson) EXHIBIT "A" Legal Description of Tree Preservation Easement: An easement for TREE PRESERVATION over and across that part of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the northwest comer of said Southwest Quarter; thence South 89 degrees 01 minutes 05 seconds East, assumed bearing, along the north line of said Southwest Quarter 322:75 feet; thence South 19 degrees 03 minutes 14 seconds West 334.52 feet, to the point of beginning of the easement to be described; thence South 82 degrees 49 minutes 22 seconds East 35.76 feet, thence South 35 degrees 28 minutes 06 seconds East 175.75 feet; thence South 79 degrees 32 minutes 58 seconds West 33.26 feet; thence South 24 degrees 59 minutes 52 seconds East 132.19 feet; thence North 65 degrees 00 minutes 08 seconds East 9.18 feet; thence South 24 degrees 59 minutes 52 seconds East 95.00 feet; thence North 65 degrees 00 minutes 08 seconds East 13.78 feet; thence South 24 degrees 59 minutes 52 seconds East 95.00 feet; thence North 65 degrees 00 minutes 08 seconds East 19.14 feet; thence South 24 degrees 59 minutes 52 seconds East 95.00 feet; thence South 65 degrees 00 minutes 08 seconds West 50 feet, more or less, to the easterly shoreline of the pond located within said Southwest Quarter and designated by the Department of Natural Resources as Public Water Wetland No. 10-132W, thence northwesterly along said shoreline to its intersection with a line which bears South 19 degrees 03 minutes 14 seconds West from the point of beginning; thence North 19 degrees 03 minutes 14 seconds East 100 feet, more or less, to the point of beginning. The above described easement for TREE PRESERVATION is intended to encompass those parts of BRENDEN POND (plat to be riled) described as follows: That part of Lot 6, Block 1, BRENDEN POND, which lies southwesterly of the northeasterly 123.12 feet thereof. And that part of Lot 7, said Block 1, which lies southwesterly of the northeasterly 142.25 feet thereof. And that part of Lot 8, said Block 1, which lies southwesterly of the northeasterly 156.23 feet thereof. And that part of Lot 9, said Block 1, which lies southwesterly of a line drawn from a point on the southeasterly line of said Lot 9, distant 165.41 feet southwesterly of the southeasterly corner of said Lot 9 to a point on the northwesterly line of said Lot 9, distant 180.15 feet southwesterly of the northeasterly comer of said Lot 9. And that part of Lot 10, said Block 1, which lies southwesterly of a line drawn from a point on the southeasterly line of said Lot 10 distant'146.89 feet southwesterly of the southeasterly corner of said Lot'10 to a point on the northerly line of said Lot 10 distant 175.75 feet westerly of the northeasterly corner of said Lot 10. 'OPCGRAPWIC SUwE" SUBOWISION OESIGN aOUNC.A� SUA VEYS CONSTBUC'gN STAKING Page 1 of 2 •DEMARS - GABRIEL • LAND SURVEYORS, INC. 3030 HARBOR LANE, SUITE I I I PLYMOUTH. MN 56447 GARY L. GABRIEL. R L.S. Cnaa4a. MN B12/AAB U31 Ply.00P. MN EXHIBIT "A" CONTINUED An easement for TREE CONSERVATION over and across that part of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the northwest corner of said Southwest Quarter; thence South 89 degrees 01 minutes 05 seconds East, assumed bearing, along the north line of said Southwest Quarter 322.75 feet to the point of beginning of the easement to be described; thence continuing South 89 degrees 01 minutes 05 seconds East, along said north line 488.11 feet; thence South 0 degrees 31 minutes 52 seconds East 657.00 feet; thence South 65 degrees 00 minutes 08 seconds West 32.96 feet; thence North 0 degrees 31 minutes 52 seconds West 641.43 feet; thence North 89 degrees 01 minutes 05 seconds West, parallel with and distant 30.00 feet southerly of the north line of said Southwest Quarter, 437.12 feet; thence South 19 degrees 03 minutes 14 seconds West 306.44 feet, thence North 82 degrees 49 minutes 22 seconds West 30.66 feet; thence North 19 degrees 03 minutes 14 seconds East 334.52 feet to the point of beginning. The above described easement for TREE CONSERVATION is intended to encompass those parts of BRENDEN POND (plat to be filed) described as follows: The Westerly 30.00 feet of Lots 11, 11 and 13, Block 1, BRENDF_N POND. And the northerly 30.00 feet of Lots 13 and 14, said Block 1. And the easterly 30.00 feet of Lots 14, 15, 16 and 17, said Block 1 and Lots 1 and 2, Block 2, BRENDEN POND. Page 2 of 2 TOROGRARwC SURVEYS SUBDIVISION DESIGN BOUNDARY SURVEYS CONSTRUCTION STAKING 0 Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Njme and Address: ( rur�n 4 P&"Iso-) QaAsk& hcs i.ltnc. �h1dSV�LI�lf\,t SS'�1� Contact: Uwkci Uestc1e-)�l Phone: Fax. %Z-LyAt-- -1i23 Email paup CITY OF Cy H," SSEN DEC 2 2 ?009 ENGINEERING DEPT. Property Owner Name mod Address: Ili rfitmalldo �1 50 �1-1 Contact: Phone: 9SZ- VT 33Z-{ Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit _ Vacation of Rig ht-of-Wa /Easeme AC) (Additional recording ess may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 p f f t (I'd tt k (City to install and remove) x Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB �v .� Y2C TOTAL FEE $ 3 P. 4' eyeA An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. "Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) format. "*Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: LEGAL DES -24A "c►cU bd-i 1 TOTAL ACREAGE: 3S La 4 DiayA J . -iJeI t_C-A S -bl CJcv-1 WETLANDS PRESENT: CC YES X NO �7F PRESENT ZONING: REQUESTED ZONING: SaiM� PRESENT LAND USE DESIGNATION: boo (VnSIR'l yPSointio REQUESTED LAND USE DESIGNATION: `yumu? _ REASON FOR REQUEST V Cl ( ail on FOR SITE PLAN REVIEW: Include number of existing employees. and new employees. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Sig tuna of Applicant Data Signature of Fee Owner Date c. plan rams development review appl icalion. doc a. .