CAS-02_VACATION OF DRAINAGE & UTILITY EASEMENTSPARCEL A:
Lot 4, Block 2, THE ARBORS, Carver County, Minnesota, according to the recorded
plat thereof that lies Westerly of the following described line.
Commencing at the Southeast corner of sold Lot 4, thence on an assumed bearing of
South 89 degrees 40 minutes 46 seconds West, along the South line of said Lot 4, a
distance of 24.51 feet to the point of beginning of the line to be described; thence
Northerly to the Northeast comer of sold Lot 4 and said fine there terminating.
PARCEL B.-
Lot 5, Block 2, THE ARBORS Carver County, Minnesota, according to the record plat thereof.
AND
That part of Outlot B, THE ARBORS, Carver County, Minnesota, according to the
record plat thereof. That lies Westerly of the following described line:
Commencing at the Southwest corner of said Outlot 8,• thence on an assumed bearing of
North 89 degrees 40 minutes 46 seconds East, along the South line of said Outlot B, a
distance of 22.20 feet to the point of beginning of sold line; thence North 07 degrees 21
minutes 17 seconds East, a distance of 40.56 feet; thence North 11 degrees 21 minutes 52
seconds West, a distance of 20.60 feet, thence North 53 degrees 47 minutes 13 seconds
East, a distance of 9.12 feet; thence North 07 degrees 21 minutes 17 seconds East to the
North line of said Outlot B and sold line there terminating.
North
Lot east
r e
4, ck of
4b0� 3� �F A/�®ORS
Lot 4, Block 2, THE ARBORS
AND
Lot 4, Block 2, THE ARBORS, Carver County, Minnesota, according to the recorded
plat thereof that lies Easterly of the following described line:
Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of
South 89 degrees 40 minutes 46 seconds West, along the South line of said Lot 4, a
distance of 24.51 feet to the point of beginning of the line to be described, • thence
Northerly to the Northeast corner of said Lot 4 and said line there terminating.
PROPOSED EASEMENT TO BE VACATED ON LOT 4
Outiot B, THE ARBORS
PROPOSED EASEMENTS TO BE VACATED ON LOT 5:
�7 X
\ Y V
\ -------denotes Drainage & Utility Easement
0, ' , \
�e
F oy
I � gReo
'PS
N \
'—South line of
Outlot B, THE ARBORS
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS
Carver County, Minnesota, that lies within the West 5.00 feet of Lot 5, Block 2 of said
THE ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet
thereof.
R@/i7
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS,
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS, Carver County, Minnesota, that lies within the East 5.00 feet of Lot 5, Block 2 of said
Carver County, Minnesota, that lies within the East 5.00 feet of Lot 4, Block 2, of said THE ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet
THE ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet thereof.
thereof. PROPOSED EASEMENT TO BE VACATED ON OUTLOT B:
The drainage and utility easement as dedicated on the recorded plat of 774E ARBORS,
Carver County, Minnesota, that ties within the West 5.00 feet of Outlot B of said THE
ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet
thereof
6P
AREAS:
BEFORE:
Lot 4 = 25,309.91 SF
Lot 5 & part of Outlot B = 21,292.81 SF
AFTER:
Parcel A = 23,268.85 SF
Parcel B = 23,333.87 SF
PROPOSED DRAINAGE AND U77LiTY EASEMENTS.•
A 10.00 foot easement for drainage and utility purposes over under, and
across Lots 4 and 5, Block 2, THE ARBORS, Carver County, Minnesota,
according to the recorded plat thereof. The centerline of said easement is
described as follows:
Commencing at the Southeast comer of said Lot 4; thence on an assumed
bearing of South 89 degrees 40 minutes 46 seconds West, along the South
line of said Lot 4, a distance of 24.51 feet to the point of beginning of the
line to be described, • thence Northerly to the Northeast comer of sold Lot 4
and said line there terminating.
Except therefrom the North and South 10.00 feet of said Lots 4 and 5.
AND
A 10.00 foot easement for drainage and utility purposes over, under, and
across Outlot B, THE ARBORS, Carver County, Minnesota, according to the
recorded plat thereof. The centerline of said easement is described as
follows:
Commencing at the Southwest corner of said Outlot B; thence on an
assumed bearing of North 89 degrees 40 minutes 46 seconds East, along the
South line of said Outiot B, a distance of 22.20 feet to the point of
beginning of said line; thence North 07 degrees 21 minutes 17 seconds East,
a distance of 40.56 feet; thence North 11 degrees 21 minutes 52 seconds
West, a distance of 20.60 feet thence North 53 degrees 47 minutes 13
seconds East, a distance of 9.12 feet thence North 07 degrees 21 minutes
17 seconds East to the North line of said Outiot B and sold line there
terminating.
Except therefrom the North and South 10.00 feet of said Outlot 8.
Requested By:
I hereby certify that this survey, Revised:
® denotes iron monument found Certificate of Description on plan, or report was prepared by me www.ottoassociates.com
JECWFTrust
or under a direct supervision and
Q denotes iron pipe set ono-iaaaa Lots 4 and 5, Block 2 & art that I am a duly Licensed Land
P 9 West Division Street
' Surveyor under the lows of the Buffalo, MN 55313
and marked as shown: State f Minnesota.
ono aoosz TTO (763)682-4727
of Outlot B, THE ARBORS, Date: Drawn By: Scale: Checked By: Fax: (763)682-3522 Job No.
® denotes soil boring Carver County, Minnesota 11 — - SSOCIATES
® denotes percolation test hole 9/1/09 P.E.O. 1 - 20 P.E.O. Paul E. Otto 1-09-0179
Date: F�2&Qy License # 40062 Engineers & Land Surveyors, Inc.
SCANNED
14
\ /
lock a,-
` \ � ' � �. 4�',?•f `�?31�.. e ARBORS
\
\ -------denotes Drainage & Utility Easement
N / �•. xo ^�
/ Parcel A o S l.. r.':':'.:':::►44
I \
Parcel 8 I
/ / I :..'f.'. -1 m y I':':: f'::: I ( t//f� _d ry. \
/ \ a 5 p
hm1..�.. °Seihent9e ¢
W ZZ
g;i �_ i
l South line Lot 4, Block 2, THE ARBORS
L-----------------------------l.—JI L ---------------------------------L.L----
o o t
S8940'46'W 126.71 24.51 ••-22.20- '
PARCEL A:
Lot 4, Block 2, 7HE ARBORS, Carver County, Minnesota, according to the recorded
plot thereof that lies Westerly of the following described line:
Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of
South 89 degrees 40 minutes 46 seconds West, along the South fine of sold Lot 4, a
distance of 24.51 feet to the point of beginning of the line to be described, • thence
Northerly to the Northeast corner of sold Lot 4 and said line there terminating.
PARCEL B.-
Lot 5, Block 2, THE ARBORS, Carver County, Minnesota, according to the record plot thereof.
AND
That part of Outlot B, THE ARBORS, Carver County, Minnesota, according to the
record plat thereof. That lies Westerly of the following described line:
Commencing at the Southwest corner of said Outlot B; thence on an assumed bearing of
North 89 degrees 40 minutes 46 seconds East, along the South line of said Outlot B, a
distance of 22.20 feet to the point of beginning of sold line; thence North 07 degrees 21
minutes 17 seconds East, a distance of 40.56 feet; thence North 11 degrees 21 minutes 52
seconds West, a distance of 20.60 feet; thence North 53 degrees 47 minutes 13 seconds
East, a distance of 9.12 feet; thence North 07 degrees 21 minutes 17 seconds East to the
North line of said Outlot 8 and said line there terminating.
® denotes iron monument found
O denotes iron pipe set o,ro,a3as
and marked as shown: ono°aoosz
® denotes soil boring
® denotes percolation test hole
,—,
C
m
AREAS:
BEFORE:
Lot 4 = 25,309.91 SF
Lot 5 & part of Outlot B = 21,292.81 SF
AFTER:
Parcel A = 23, 268.85 SF
Parcel B = 23, 333.87 SF
PROPOSED DRAINAGE AND U77UTY EASEMENTS.•
A 10.00 foot easement for drainage and utility purposes over, under, and
across Lots 4 and 5, Block 2, THE ARBORS, Carver County, Minnesota,
according to the recorded plat thereof. The centerline of said easement is
described as follows.
j' Commencing at the Southeast comer of said Lot 4; thence on an assumed
�..._Southeast Corner of Southwest Comer of_. -, —South line of bearing of South 89 degrees 40 minutes 46 seconds West, along the South
Lot 4, Block 2, THE ARBORS Outiot B, THE ARBORS Outlot 8, THE ARBORS line of said Lot 4, a distance of 24.51 feet to the point of beginning of the
line to be described, • thence Northerly to the Northeast corner of said Lot 4
AND and said line there terminating.
Lot 4, Block 2, THE ARBORS, Carver County, Minnesota, according to the recorded PROPOSED EASEMENTS TO BE VACATED ON LOT 5:
plat thereof that lies Easterly of the following described line:
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS,
Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of Carver County, Minnesota, that lies within the West 5.00 feet of Lot 5, Block 2 of said
South 89 degrees 40 minutes 46 seconds West, along the South line of said Lot 4, a THE ARBORS except the North 10.00 feet thereof and also except the South 10.00 feet
distance of 24.51 feet to the point of beginning of the line to be described; thence thereof.
Northerly to the Northeast corner of said Lot 4 and said line there terminating. AND
PROPOSED EASEMENT TO BE VACATED ON LOT 4:
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS,
The drainage and utility easement as dedicated on the recorded plat of 7HE ARBORS Carver County, Minnesota, that lies within the East 5.00 feet of Lot 5, Block 2 of said
Carver County, Minnesota, that lies within the East 5.00 feet of Lot 4, Block 2, of said THE ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet
THE ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet thereof.
thereof. PROPOSED EASEMENT TO BE VACATED ON OUTLOT B:
Certificate of Description on
Lots 4 and 5, Block 2, & part
of Outlot B, THE ARBORS,
Carver County, Minnesota
Requested By:
Date:
911109
The drainage and utility easement as dedicated on the recorded plat of THE ARBORS,
Carver County, Minnesota, that lies within the West 5.00 feet of Outiot B of said THE
ARBORS, except the North 10.00 feet thereof and also except the South 10.00 feet
thereof.
JECWF Trust
Drawn By: Scale:
P.E.O. 1 11= 20'
I hereby certify that this survey,
plan, or report was prepared by me
or under my direct supervision and
that I am a duly Licensed Land
Surveyor under the laws of the
State 7f
Checked By:
P.E.O. Paul E. Otto
Date: 0 License # 40062
Except therefrom the North and South 10.00 feet of said Lots 4 and 5.
AND
A 10.00 foot easement for drainage and utility purposes over, under, and
across Outlot 8, THE ARBORS, Carver County, Minnesota, according to the
recorded plat thereof. The centerline of said easement is described as
follows:
Commencing at the Southwest corner of said Outlot B,• thence on an
assumed bearing of North 89 degrees 40 minutes 46 seconds East, along the
South line of said Outlot B, a distance of 22.20 feet to the point of
beginning of said line; thence North 07 degrees 21 minutes 17 seconds East,
a distance of 40.56 feet; thence North 11 degrees 21 minutes 52 seconds
West, a distance of 20.60 feet; thence North 53 degrees 47 minutes 13
seconds East, a distance of 9.12 feet; thence North 07 degrees 21 minutes
17 seconds East to the North line of said Outiot B and sold fine there
terminating.
Except therefrom the North and South 10.00 feet of said Outlot B.
www.ottoassociates.com
TTO
F IF
SSOCIATES
Engineers & Land Surveyors, Inc.
9 West Division Street
Buffalo, MN 55313
(763)682-4727
Fax:(763)682-3522
Revised:
Job No.
1-09-0179
SCANNED
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poch
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, 111
Alina Schwartz
Samuel]. Edmunds
Marguerite M. MCCarror
1390 Corporate Center Curve
Suite 317 • Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-law.enm
0
CAMPBELL KNUTSON
Professional Association
Direct Did: (651) 234-6212
E-mdtAddress: sndson@ck-taw.com
March 15, 2010
CITY OF CHANHASSEN
HICIE VED
Ms. Jean Steckling
City of Chanhassen MAR 1 9 2010
7700 Market Boulevard
P.O. Box 147 ENGINEERING DEPT,
Chanhassen, Minnesota 55317
RE: VACATION RESOLUTIONS - THE ARBORS LOT SPLIT/COMBINATION
- Carlson Arbors Development, LLC and JECWF Trust
(Lots 4 and 5, Blk 2 and Part of Outlot B, The Arbors)
Dear Jean:
Enclosed for the City's files please find the following original recorded vacation
resolutions in connection with the above referenced lot split/combination matter:
➢ City Resolution No. 2009-73 vacating certain drainage/utility easements on
Lots 4 and 5, Block 2, The Arbors which was recorded on February 3, 2010 as
Torrens Document No. T174121.
➢ City Resolution No. 2009-82 vacating portions of the drainage/utility
easements on Outlot B, The Arbors which was recorded on February 3, 2010
as Torrens Document No. T174122.
Regards,
CAMPBELL KNUTSON
Professional Association
u#R. Nelson, Legal tsistant
SRN:ms
Enclosures
SCAµt1ED
Document No OFFICE OF THE
REGISTRAR OF TITLES
T 174121
CARVER COUNTY, MINNESOTA
Receipt #
Cert. #y337 1 Fee: $86.00
Certified Recorded on 2P3r2011ff at 10:00 �AM ❑ PM
174121
IIIIIII IIIIIiI IIIII RstHanson,
Tlregrof Titles
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
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 2009-73 entitled, "Vacating a Portion of the Drainage and Utility
Easements on Lots 4 and 5, Block 2, the Arbors Planning Case File No. 07-02"
adopted on October 12, 2009, 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 sea] at Chanhassen, Minnesota, this 31P day
of November, 2009.
SCANNED
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 12, 2009 RESOLUTION NO: 2009-73
MOTION BY: Ernst SECONDED BY: Tiornham
A RESOLUTION VACATING A PORTION OF THE DRAINAGE AND
UTILITY EASEMENTS ON LOTS 4 AND 5, BLOCK 2, THE ARBORS
PLANNING CASE FILE NO.07-02
WHEREAS, JEC WF Trust requests that the City of Chanhassen vacate a portion of the
drainage and utility easements within Lots 4 and 5, Block 2 of The Arbors development; and
WHEREAS, the existing drainage and utility easements were dedicated and granted to the
City in 2007 in The Arbors final plat; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating drainage and utility easements as defined on the attached vacation description
contingent upon approval of the administrative subdivision of Lots 4 and 5, Block 2 of The Arbors.
Passed and adopted by the Chanhassen City Council this 12s day of October, 2009.
ATTEST:
Mr
a-W
T�OdGerhardt, City Manager
YES
Furlong
Ernst
McDonald
Tjornhom
Thomas A. Furlong, Mayor
NO ABSENT
Litsey
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Document No OFFICE OF THE
T 174122 REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Cert. # 3 61 , Fee: $66.00
Certified Recorded on 2/3/2010 at 19.00 TAM ❑ PM
174122
IIIIIIIIIIIIIIIIII) Jr -
Registrar Hanson,
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
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 2009-82 entitled, "Vacating a Portion of the Drainage and Utility
Easements on Outlot B, of the Arbors Planning Case File No. 07-02"
adopted on November 9, 2009, 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 3& day
of November, 2009.
seA14NED
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 9, 2009 RESOLUTION NO: 2009-82
MOTION BY: Ernst SECONDED BY: Tiornhom
A RESOLUTION VACATING A PORTION OF THE DRAINAGE AND
UTILITY EASEMENTS ON OUTLOT B OF THE ARBORS
PLANNING CASE FILE NO.07-02
WHEREAS, JECWF Trust requests that the City of Chanhassen vacate a portion of the
drainage and utility easements within Outlot B of The Arbors development; and
WHEREAS, the existing drainage and utility easements were dedicated and granted to the
City in 2007 in The Arbors final plat; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating drainage and utility easements as defined on the attached vacation description
contingent upon approval of the administrative subdivision of Outlot B of The Arbors.
Passed and adopted by the Chanhassen City Council this 9te day of November, 2009.
ATTEST: D J jI fi
r"�1 IL 3
ToddGerhardt, City Manager
YES NO
Furlong
Ernst
Litsey
McDonald
Tjomhom
AT
Thomas A. Furlong, Mayor
ABSENT
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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
JOB
1/6/10
ATTENTION
Sue Nelson
RE:
The Arbors
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
11/9/09
Certified Resolution - Lots 4 and 5, Block 2
1
11/9/09
Certified Resolution - Outlot B
THESE ARE TRANSMITTED as checked below:
❑
For approval
®
Approved as submitted
®
For your use
❑
Approved as noted
❑
As requested
❑
Returned for corrections
❑ For review and comment ® Recording
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
REMARKS Sue, please contact Alsyon Fauske (952-227-1164) if you have any questions. Please send me notification
of recording of these documents once you receive it as the applicant would like a copy of the recorded document (I will
send it to him). Thanks.
COPY TO:
SIGNED: c
n Steckling, (952) 227-1162
SCANNED _
If enclosures are not as noted, kindly notify us at once.
11
0
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
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 2009-73 entitled, "Vacating a Portion of the Drainage and Utility
Easements on Lots 4 and 5, Block 2, the Arbors Planning Case File No. 07-02"
adopted on October 12, 2009, 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 30th day
of November, 2009.
SCAUMM
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, NIINNESOTA
DATE: October 12, 2009 RESOLUTION NO: 2009-73
MOTION BY: Ernst SECONDED BY: Tiornham
A RESOLUTION VACATING A PORTION OF THE DRAINAGE AND
UTILITY EASEMENTS ON LOTS 4 AND 5, BLOCK 2, THE ARBORS
PLANNING CASE FILE NO.07-02
WHEREAS, JECWF Trust requests that the City of Chanhassen vacate a portion of the
drainage and utility easements within Lots 4 and 5, Block 2 of The Arbors development; and
WHEREAS, the existing drainage and utility easements were dedicated and granted to the
City in 2007 in The Arbors final plat; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating drainage and utility easements as defined on the attached vacation description
contingent upon approval of the administrative subdivision of Lots 4 and 5, Block 2 of The Arbors.
Passed and adopted by the Chanhassen City Council this 12a' day of October, 2009.
04010619
To Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
Furlong Litsey
Ernst
McDonald
Tjornhom
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CERTIFICATION
STATE OF NIINNESOTA )
) ss
COUNTY OF CARVER )
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 2009-82 entitled, "Vacating a Portion of the Drainage and Utility
Easements on Outlot B; shL4, of the Arbors Planning Case File No. 07-02"
adopted on November 9, 2009, 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 30th day
of November, 2009.
SCANNED
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, NIINNESOTA
DATE: November 9, 2009 RESOLUTION NO: 2009-82
MOTION BY: Ernst SECONDED BY: Tiornhom
A RESOLUTION VACATING A PORTION OF THE DRAINAGE AND
UTILITY EASEMENTS ON OUTLOT B OF THE ARBORS
PLANNING CASE FILE NO.07-02
WHEREAS, JECWF Trust requests that the City of Chanhassen vacate a portion of the
drainage and utility easements within Outlot B of The Arbors development; and
WHEREAS, the existing drainage and utility easements were dedicated and granted to the
City in 2007 in The Arbors final plat; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating drainage and utility easements as defined on the attached vacation description
contingent upon approval of the administrative subdivision of Outlot B of The Arbors.
Passed and adopted by the Chanhassen City Council this 9t' day of November, 2009.
ATTEST: 4,4 � i u--
Gerhardt, City Manager
YES NO
Furlong
Ernst
Litsey
McDonald
Tjomhom
Thomas A. Furlong, Mayor
ABSENT
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Document No.
T 173142
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Curt. # 33761 Fee: $46.00
Certified Recorded on 11/10/2009-at-ot.00-E37fM [� I PM
r) 1
CarlCarl W.
Registrar of Titles
JTf+.i�r's. VE• Nlr1�t1V�k..S'"(3fPc )
COUNT YOF Qa ka+a )
JIM WOLF, Wag first duly swatn, on oath says:
L Tire name of the Trust is: .I.E.i W-F. TRUST UNDER AGREEMENI
DATED9r2W84
2. The dawo€theTmstlnstnmied('"Truse)i- AUGUSTZIG 2 04
3. The vmneoftheGranhu/Se tkwef&eTinctis_ dODI WOLF
4. 173criameof1heodgmulTrrrvteeis: JOBIWOLF
i. The narae aura address of the Trustee .empowered to act under the Trust at the time of
execution of this Certificate is:
.JOD! WOLF
ISSM111M0AVE1 M
SHAKOPM MAT 5 5M
o. The property iegaiky described on Exhibit "A, auacwd hereto and made a part hereof (the
"Property") was conveyed to the Trust pww=t to a Quit Chaim Deed dated June 4, 2t 08
and hied for record m the al ice of the County isepsuai' of Titles, Cazver County,
AEmwsota un June 9, 200.8, as DocummA No. T167I99.
148306VI
SCANNED
yf: •!A! � It .:,11%,:, Y/�, .1:1 b ,,: fR ff "�i YT,.- ,J+, 1 ,f;a,A"1.i .a. •Ji
by thefollowtng: NUNS.
i:i Y 0" �it f e -'
une Tnt1Am is awhorized to execute and sieiiver au instruments which wiil accomphsh or
hvAitatethe exercise of any power hett:in grmted to the Trustee.
4. The Trust has mot terminated orheem revoked.
lrj ,- ✓.,'te-Iti ♦1l r. a-1 le tws Cerafime of Uue and conleM and ,ems- a- 110
offierprovisionsin theTruster•nf Gl f111 :616 1it that n[ he powers of theTrusteet
wnpledgr, mortgagit,eas or ti m tsfertitic.9 n bacsts iirc alOr Pm WIG ' 03 1 T+1
tY-
Y V
Jodi if
R
CVNTHIAMARIEVAN OUSARIZNotary PublicMinnesotaission Expires January 31, 2012
l sn ii ffpi wDs F£ErTBY:
CAWBELi..KNE TfS X
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i483U6vt 2
Document No.
T 173143
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Cert.3# 33761/ Fee: $66.00
3d
❑10/2009 at 01:00-D AD71 -2]PNT
Carl W. Hanson, Jr.
Registrar of Titles
(,¢nerved for recording informolion)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE & UTILITY PURPOSES
CARLSON ARBORS DEVELOPMENT, LLC, a Minnesota limited liability company;
and J.E.C.W.F. TRUST UNDER AGREEMENT DATED 8/20/04, hereinafter jointly 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 Description.
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.
148259v1 1 CHAN:r.H.C.W.F. Trust
SRN:10/I52009 Lot Line Adjustment
SCANNED
The faliowingproperty located in the County of Carved State of Minnesota, to -wit:
Lot 5 Block 2, THEARSORS, accordngto the recardedplarthereof
M
Am part of Oudot B 11'ff ARBOASJ aecordmg to the recorded plat thereof brat
lies IT'estertgofthefollowmgdescribedime: Commencingarthe Southwesrcorner
gjsi=dCAMptB; t wwa -on an wswjmw iswmgof north S9 degrees 4Ommutes 4b
seconds East, along the South line afsad fludot B, a distance of22.20 feel to the
point of begimung of said iirre; thence North 07 degrees it mbmtes 17 seeomds
.Fast a&brk meeaf4056feet; thenceNarth 11 degrees 21 mmuter 52seconds West
aof20O feet; thence Nm?h 33 degrees 47 mmutes 13 secmv& East, a
&stmtce of 9.12 feet; thence North 07 degrees 21 minutes 17 seconds Feast to d w
)Von* late ofsaid flutlotB andsard line thane terminating
(Cmfflcate of AN*- o. 33761)
148306vt 3
The above named Grantors, for themselves, 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 2009.
.�rwl f oueAel —
GRANTOR:
CARLSON ARBORS DEVELOPMENT, LLC
BY: r4�a-
Its /Z MI4
STATE OF MINNESOTA
)
COUNTY OF Z
)(SS.
oThe foregoing instrument was aclm wledged before me this o�lteCiday of
� 2009, by N2 the �
of Carlson Arbors Development, LLC, a Minnesota limited liability comp ny, on —behalf off the
company.
a�" MARY C CARLSON
Notry Pubic
Mmesota
MN Comm. EOW Jan 31, 2010
148259v1
SRN:101152009
`7iOWIMI
�,.,_�_>>
CHAMMCM-17. Tmst
Lot Line Adjustment
GRANTOR:
3.LC.WY. TRUST UNDER
ACKEEMENT DATED SaWM
od- Waif, Tm%W
SaATE OF NIINNESOIA
COUNTYOFD—AV--
i.. i�• its,(;r ,r r r ° e rn' Trust= ofibe JX C WX Tjti4 UnderAgmmoemt Dated
CYNTHIA MARIE VAN 6U6ARTZ
Ndary PubNC
Mlnneaota
My isNon E�Ires January 31, 2012
CAMP=LKti[T sGN
Ph)fess1b#dAvsodaCkn
-xzs teOfr=CWt;r
FRZM0, wmmsom smi
Try �
i 3 CHANJ 8.C_W-F. TWI
SMIGI iilM Lot Lite Adjua =At
LI
P
EXIHBIT 6A9'
TO
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTIONS)
A 10.00 foot wide easement for drainage and utility purposes over, under, and across Lots 4 and 5,
Block 2, THE ARBORS, Carver County, Minnesota, according to the recorded plat thereof. The
centerline of said easement is described as follows:
Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of South
89 degrees 40 minutes 46 seconds West, along the South line of said Lot 4, a distance of
24.51 feet to the point of beginning of the line to be described, thence Northerly to the
Northeast comer of said Lot 4 and said line there terminating.
Except therefrom the North and South 10.00 feet of said Lots 4 and 5.
0
A 10.00 foot wide easement for drainage and utility purposes over, under, and across Outlot B, THE
ARBORS, Carver County, Minnesota, according to the recorded plat thereof. The centerline of said
easement is described as follows:
Commencing at the Southwest comer of said Outlot B; thence on an assumed bearing of
North 89 degrees 40 minutes 46 seconds East, along the South line of said Outlot B, a
distance of 22.20 feet to the point of beginning of said line; thence North 07 degrees 21
minutes 17 seconds East, a distance of 40.56 feet; thence North 11 degrees 21 minutes 52
seconds West, a distance of 20.60 feet; thence North 53 degrees 47 minutes 13 seconds East,
a distance of 9.12 feet; thence North 07 degrees 21 minutes 17 seconds East to the North
line of said Outlot B and said line there terminating.
Except therefrom the North and South 10.00 feet of said Outlot B.
(TORRENSPROPERTY— Certificate Nos. 33761 and 33835)
148259vl 4 CHAN:J.E.C.W.F. Tenet
SRN:10115/2009 Lot Line Adjustment
MORTGAGE HOLDER
CONSENT TO EASEMENT
BRIDGEWATER BANK, a Minnesota banking corporation, 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 June 25, 2007, and filed for record July 12, 2007 as Torrens
Document No. T163629 with the office of the County Registrar of Titles for Carver County,
Minnesota, 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.
BRIDGEWATER BANK
STATE OF MINNESOTA
(ss.
COUNTY OF G/
The �foyre�,g¢•�ing instrument was acknowledged before me this o�9�day of (%', /� e, ,
2009, by / -,0mg n, and by 7?4 ke/%l- the
(J, � and t P of Bridgewater
Banks, a Minnesota banking corporation, on its behalf.
DRAFTED BY:
CAWBEUKNUTSON
Professtonal Assocraffon
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN:ms
148259vl
SRN:10/15/2009
/.ice _ - � � �� - • �var�: �
NOTARY
10i1STEN IFA FEN3f0: LANCE
. N1Ntnesops
i1
CHAN:J.E.C.W.F. Tnrst
Lot Lme Adjustment
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No dellnqueni taxes and transfer entered: Certificate of
Real Estate VilWe ( ) tllod (X Not Required
CRV #
Carer County Auditor
Deputy
State Deed Tax due hereon: $1.65
Document NO. OFFICE OF THE
REGISTRAR OF TITLES
T 173144 CARVER COUNTY, MINNESOTA
Receipt #
Cert. # 34394 Fee: $86.00
Certified Recorded on 11110/2009 at 01:00 ❑ AM '" PM
173144
IIIIIIIIIIIIIIIIIII Carl
ar Registrar
(ABOVE RESERVED FOR RECORDING DATA)
For valuable consideration, Carlson Arbors Development, LLC, a Minnesota Limited Liability
Company, Grantor, hereby conveys and warrants to the JECWF Trust, Grantee, real property in
Carver County, Minnesota, described on the attached Exhibit A, together with all hereditaments
and appurtenances belonging thereto, subject to the following exceptions: easements, restrictions
and reservations of record, if any. The Grantor certifies that the Grantor does not know of any
wells on the described real property.
Dated: Nov. 2, 2009.
The total consideration for thin
transfer is less than $500.00.
STATE OFMINNESOTA )
SS
COUNTY OF )
E
RYCCARLON
Notary PubcMinneota
NOTARY STAMP ABOVE
THIS INSTRUMENT DRAFTED BY:
LARRY D. MARTIN
Carlson Arloors Delvelopment,
By:
Its:
The forgoing instrument was acknowledged before
me this �- day of November, 2009, by the above
Grantor.
wT .
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED
HEREIN SHOULD BE SENT TO:
L. D. MARTIN AND ASSOCIATES, LTD. JECWF Trust
LAW OFFICE 18020 Zumbro Ave
1480 WHITE OAK DRIVE Shakopee , Minnesota 55379
CHASKA, MN 55138-1181
J� 096d TbN OP s
paid on �y'yr -,J9 (paby
Oortservadon Fee Peld
Carver Cotedy Ard w
0 •
EXHIBIT TO WARRANTY DEED
GRANTOR: Carlson Arbors Development, LLC, a Minnesota Limited
Liability Company.
GRANTEE: JECWF TRUST
LEGAL DESCRIPTION:
Lot 4, Block 2, THE ARBORS, Carver County, Minnesota, according to the
recorded plat thereof that lies Easterly of the following described line:
Commencing at the Southeast corner of said Lot 4; thence on an assumed
bearing of South 89 degrees 40 minutes 46 seconds West, along the South line
of said Lot 4, a distance of 24.51 feet to the point of beginning of the line to be
described; thence Northerly to the Northeast corner of said Lot 4 and said line
there terminating.
CITY OF CHANHASSEN •
P O BOX 147
CHANHASSEN MN 55317
11/24/2009 2:32 PM
Receipt No. 0115254
CLERK: katie
PAYEE: House Account
Vacation PC 07-02
-------------------------------------------------------
GIS List 30.00
Total
Cash
Check 5014
Change
sew"Fo
30.00
0.00
30.00
0.00
CITY OF November 10, 2009
7700 Market Boulevard
PC Box 147 JECWF Trust
Chanhassen, MN 55317 c/o Steve & Jodi Wolf
18020 Zumbro Avenue
Shakopee, MN 55379
Administration
Phone:952.227.1100 Re: Easement Vacation Approval — Planning Case File No. 07-02
Fax: 952.227.1110
Building hspeckm Dear Steve & Jodi:
Phone: 952.227.1180
Fax:952.227,1190 This letter is to confirm that on November 9, 2009, the Chanhassen City Council
approved a resolution vacating the Drainage and Utility Easements on Lots 4 and
Engineering 5, Block 2 and Outlot B, The Arbors.
Phone: 952.227,1160
Fax:952.227,1170 In order to finalize the vacation, the Council resolution must be recorded at Carver
Finance County. In addition, the City generated a list of property owners within 500 feet
Phone:952,227,1140 of the subject areas which was required for the public hearing notices. The City
Fax: 952.227.1110 charges a fee of $3.00 per lot for this service. There were 10 property owners
notified. Therefore, a total of $30.00 is due payable to the City of Chanhassen at
Park &Recreation your earliest convenience.
Phone: 952.227,1120
Fax: 952.227.1110 If you have any questions, please contact me at (952) 227-1164.
Recreation Center
2310 Courier Boulevard Sincerely,
Phone: 952.227.1400
Fax:952.227.1404 CITY OF CHANHASSEN
Planning& '�,/yW,�` Natural Resources GCAMM
Phone: 952.227.1130
Fax:952.227,1110 Alyson Fauske, P.E.
Assistant City Engineer
Public Works
1591 Park Road Attachment
Phone: 952.227,1300
Fax:952.227.1310 c: Steve Lenz, Engineering Tech III
Senior Cerder
Phone:952.227.1125
Fax: 952.227.1110
Web Site
wvw.d.chanhassen.mn.us
g:\cng\vacations\the arbors - pc 07-02\cc approval letter.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
• 0
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Uff OF (952) 227-1100
amsEN
To: JECWF Trust
18020 Zumbro Avenue
Shakopee, MN 55379-9182
Ship To:
Invoice
SALESPERSON TERMS
JS upon receipt
DATE
DESCRIPTION
UNIT PRICE
AMOUNT
11/10/09
Property Owners List within 500' of drainage & utility easements at Lots
4 and 5, Block 2, and Outlot B (10 labels)
$3.00
$30.00
SUBTOTAL
SHIPPING & HANDLING
TOTAL DUE
$30.00
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Vacation File No. 07-02.
If you have any questions concerning this invoice, call: (952)-227-1160.
THANK YOU FOR YOUR BUSINESS!
gAengU'orms\invoice \invoice - gis labels.dm
City Council Meeting — No"vember 9, 2009 •
hearing and bring it back to council for discussion and action. Any discussion or comments on
the item before us this evening? The request.
Councilwoman Tjomhom: Seems pretty straight forward Mayor.
Mayor Furlong: I agree. And with that, would somebody like to make a recommendation, or a
motion to the council?
Councilwoman Tjomhom: I'll make a motion.
Mayor Furlong: Councilwoman Tjomhom.
Councilwoman Tjomhom: Make a motion that the council, City Council approves, let's see City
Council's approval of the off sale liquor license request by JBJ Wine Holdings LLC, Haskell's
Wines and Spirits. Approval of this license is contingent upon receipt of liquor liability
insurance and the license fee. No license will be issued until the building has completed the
planning process and a Certificate of Occupancy has been issued.
Mayor Furlong: Very good, thank you. Is there a second?
Councilwoman Ernst: Second.
SCANNED
Mayor Furlong: Made and seconded. Any discussion on that motion? Hearing none we'll
proceed with the vote.
Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council
approve the off -sale liquor license requested by JBJ Wine Holdings, LLC dba Haskell's
Wines & Spirits. Approval of this license is contingent upon receipt of liquor liability
insurance, and the license fee. No license will be issued until the building has completed the
planning process and a certificate of occupancy has been issued. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING: THE ARBORS, PLANNING CASE 07-02: REOUEST FOR
VACATION OF DRAINAGE AND UTILITY EASEMENTS, OUTLOT B.
Paul Oehme: Thank you Mayor, City Council members. The vacation easement in question is
located in the Arbors development which is north of Trunk Highway 5 and east of, north of
Trunk Highway 5 and west of Trunk Highway 41 shown on this drawing here. The easement in
question that the property owner's requested to be vacated is shown in yellow here. As you may
recall at the last council meeting the other easements for this lot were vacated on October 120' so
there are no utilities, private or public located within this easement and staff is recommending
that the easement, drainage and utility easement be vacated at this time so. With that I'd request
that a public hearing be open and I would stand for questions.
Mayor Furlong: Thank you. Any questions for staff at this time? Mr. Oehme if I recall
correctly when we dealt with the other property lines, one of the conditions on the approval of
City Council Meeting — Amber 9, 2009 0
the vacation was that the new easements on the new property line would be platted. Is that
consistent? That's a consistent request here?
Paul Oehme: Yep.
Mayor Furlong: Because these would be vacated contingent upon new easements being
provided?
Paul Oehme: That's correct.
Mayor Furlong: Okay, so when we do our motion that should be part of that, if it's not already?
Paul Oehme: Yes.
Mayor Furlong: Okay, thank you. Any other questions for staff? Seeing none, we'll proceed
with the public hearing and at this time I would open up the public hearing on this item and
invite all interested parties to come forward and address the council on this matter. Seeing no
one, without objection we'll close the public hearing and bring it back to council for discussion.
Again this is a second time we've seen this. Fairly routine but certainly want to make sure
there's any time for discussion if people have. If there's no discussion, would somebody like to
make a motion?
Councilwoman Ernst: I will.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: I make a motion that we approve the vacated portion of the drainage and
utility easement on Outlot B, the Arbors as shown on the survey prepared by Otto Associates
dated September 1, 2009.
Mayor Furlong: And that would be contingent upon new easements being received on the, from
the plat? Yes. Thank you. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? It doesn't but we did it
last time. Hearing none let's proceed with the vote.
Resolution #2009-82: Councilwoman Ernst moved, Councilwoman Tjornhom seconded
that the City Council move approval to vacate the drainage and utility easements on Outlot
B, The Arbors as shown on the survey prepared by Otto Associates dated September 1,
2009, subject to the administrative subdivision and receipt of the new boundary line
easements. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS.
0
CITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Adminishfim
Phone: 952,227.1100
Fax: 952.227.1110
Bulldog Inspections
Phone: 952.227 11BO
Fax:952.227.1190
Engineering
Phone: 952227.1160
Fax: 952.227.1170
Finance
Phone:952.227,1140
Fax: 952.227.1110
Park & Bemation
Phone: 952.227,1120
Fax: 952.227.1110
Belseabon Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natoral Resources
Phone: 952.227.1130
Fax: 952.227.1110
Politic Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone:952.227.1125
Fax: 952.227.1110
web Site
w w o.chanhassen.mn.us
MEMORANDUM
TO: Paul Oehme, Public Works Director/City Engineer Y or
FROM: Alyson Fauske, Assistant City Engineer (�
DATE: November 9, 2009 Q'
SUBJECT: The Arbors, Planning Case File No. 07-02: Vacation Drainage and
Utility Easements on Outlot B
PROPOSED MOTION
"The City Council is recommended to vacate a portion of the drainage and
utility easement on Outlot B, The Arbors, as shown on the survey prepared by
Otto Associates dated September 1, 2009.
City Council approval requires a simple majority vote of the City Council
present.
On behalf of JECWF Trust,
Steve and Jodi Wolf have
requested that the west side
yard drainage and utility
easements on Outlot B, The
Arbors be vacated. The
easement vacation area is
shown in yellow. The side
yard drainage and utility
easements previously
vacated by the City Council
are shown in grey.
The lot line between Lot 5, Block 2 and Outlot B was adjusted by an administrative
subdivision on May 28, 2008. There are no public or private utilities within the
easements that are proposed to be vacated.
New perimeter drainage and utility easements will be dedicated, as shown above.
Attachments:
1. Application 2. Drawing and legal description 3. Notice of Public Hearing/Affidavit
of vacations of mailing/location map
g:\eng\vacatidHSTrlle'N8g ppWpg";A-,PMMBg1146W&W1ann1ng for Tomorrow
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
t cAn-,ir, St_
wee. Zoa9-off
Arbo r�s PG
Applicant Name and Addres �clt' Owner Name and A dress: � /
S E C 0 F T!+r% �fE(/ 6 i} S£ c i.J '5�' \ /IJL�C UJ %/�
z &t-W i o RUe /t86cL6 7_Gt-;"61Z6 40E
�.z Iny cc - SAAkoo.2-4 lnly 55 37 9
Contact Steu t lJo i F Contact:' StC-U€
Phone:4ia-aal-S743 Fax:9sa-%63-OV36 Phone:6ia-a9/-37`f3 Fax: 9S";2-V07-�y3
Email: St<-vE (F CX4DCo C6rh Email: S7`�of (0_C1i.4oco - C6•vn
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' All 0 ISQ
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC) 300
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign - $200
(City to install and remove)
X Esg3kw for Filing Fees/Attorney Cost"
50 UP/SPRNACNAR/WAP/Metes 8 Bounds
- $450 Minor SUB
TOTAL FEE $ 500. o CK� Sot'
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:
Z6 fs 9V Is -
LEGAL DESCRIPTIONAND PID: �61� S L6 oZ Lbf T d o-Z
TOTALACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
YES )4 NO
5.A M E
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: Ly f4AI D
/N '40.o/1/bhJ awD 1/,4 C
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FOR SITE PLAN -E' IEW Include number of existing employees:
to ees:
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 speck 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 Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person
to make this application and the fee owner has also signed this application.
1 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.
Signature of Applicant Date
Signature of Fee Owner Datd
G:\PLAN\Fomu\Development Review Application.DOC Rev. 1/08
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF M]NNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 28, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Vacation of Drainage and Utility Easements on Outlot B, The Arbors,
Planning Case File No. 07-02 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 swaln to before me
thi�� day of 2009.
l Notary Public
uy'
JEAN M. STECKLING
�' Notary Public -Minnesota
My Commission Eamlres Jan 31, 2014
11
.,. ........... u ......w. ,w........................
,�. ... l �
This map is neither a legally recorded map IKK a survey and as ran Intended to be used as one.
This map is a compilation of records, information and data located in various city, county, slate and
federal offices and other sources regarding the area shown, and is b be used for reference
purposes only. The City does not warrant that the Geographic Inforrostbn System (GIS) Dala used
d prepare this map are error Vee, and the CM does not represent that fine GIS Data can be used
for navigational. VacWng or any other purpose requirng exacting measurement of distance or
direction or precision in the depiction of geographic features. H errors or discrepancies are bond
please contact 952-227-1164. The preceding disdaimer is provided pursuant to Minnesota
Stalufes §466.03, Subd. 21 (2000), and the user of this map adcnc sledges that the City shall not
be liable far any damages, and expressly waives all dam, and agrees to defend, indemnify, and
hdtl harmless the City from any and all balms brought by User, its employees or agents, or third
parties which arse out of the users access or use of data provltled.
. ... . ..
..
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, intonation and data located 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 not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error Vee, and the City does not represent that the GIS Data can be used
for navigational, traclting 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 952-227-11". The preceding dlsdemer is provitled pursuant to Mnnesti
Statutes §466.03, Subd. 21 (2000), and the user of this map acknoWedges that the City shall not
be liable for any damages, and expressly waives all chins, and agrees to defend, indemnify, and
hold harmless the City from any and all claim brought by User, its employees or agents, or third
parties ehica an. out of the users access or use of data provided.
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
public
Monday, November 9, 2009 at 7:00 p.m.
hearing:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Proposed Vacation of Drainage and Utility
Easements - Planning Case File No. 07-02
Applicant:
JECWF Trust
Address/
The Arbors, Outlot B
Location of
A location map is on the reverse side of this
Proposal:
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 October 22 2009.
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
Monday, November 9, 2009 at 7:00 p.m.
public
hearin :
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Proposed Vacation of Drainage and Utility
Easements - Planning Case File No. 07-02
A licant:
JECWF Trust
Address/
The Arbors, Outlot B
Location of
A location map is on the reverse side of this
Proposal:
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 property.
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 41
hours, 8:00 a.m. to 4:30 p.m., Monday through
Questions 8r
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 October 22, 2009.
MINNESOTA ST HORTICULTURAL
U OF M RM 1 HORTICULTURE BLDG
ST PAUL MN 55108
CARLSON ARBORS DEV LLC
6393 HIGHWAY 7
ST LOUIS PARK MN 55416-2346
ROHAN LUND INC
360 NORTH ARM LN
ORONO MN 55364-8234
THE ARBORS HOMEOWNERS ASSN
6393 HIGHWAY 7 #RMC500
ST LOUIS PARK MN 55416-2346
PAUL GREGORY & MARY S SUMNERS DANIEL J & KAREN A HERBST
7620 CRIMSON BAY RD 7640 CRIMSON BAY RD
CHASKA MN 55318-9603 CHASKA MN 55318-9603
JECWF TRUST
18020 ZUMBRO AVE
SHAKOPEE MN 55379-9182
WESTWOOD COMMUNITY CHURCH
3121 WESTWOOD DR
EXCELSIOR MN 55331-8044
PETER T & DEANNA O BRANDT
7570 DOGWOOD RD
EXCELSIOR MN 55331-8053
ARCHER DESIGN & BUILD LLC
7882 RANCHVIEW LN N
MAPLE GROVE MN 55311-2101
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
October 28, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Vacation of Drainage and Utility Easements on Outlot B, The Arbors,
Planning Case File No. 07-02 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 sw n to before me
thigA- day of , 2009.
Notary Public
Qa JEAN M. STECKLING
e.
1, Notary Public -Minnesota
MY Commis Ermines Jan 31. 2014
Disclaimer
This map is neither a legally recorded map nor a survey add is not intended to be used as one.
This map is a compilation of records, information and data located 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 not warrant that the Geographic Information System (GIS) Data used
to prepare this map are enor has, and the City does not represent that the GIS Data can be used
for navigational, seething or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. If errs or disaepandes we found
please contact 952-227-1164, The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Solid. 21 (2000), add the user of this map acknowledges that me City shall not
be babe fur any damages, and expressly waives all caim, and agrees to defend, indemnify. and
hold harmless the City from any add all dams brought by User, its employees or agents, or third
partners which alise W Of the users appears Of use of data provided.
This map is neither a legally recorded map nor a survey and is not intended to be used at one.
This map is a uwdrhpilation of records. information and data located in various city, county, state and
federal offices and other sources regarding the area shown, and is to nd used for reference
purposes only. The City does not wananl that the Geographic Information System (GIS) Data used
to prepare this map are enor free, and the City does rot represent that the GIS Data can be used
for navigational, backing or any other purpose requiring exacting measurement of distance ar
direction or precision in the depiction of geographic features. If whors or discrepancies are found
please contact 952-227-1111 The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Send. 21 (20Do), and the user of this map acknoWedges that the City shall not
be liable for any damages, add expressly waives all c aims, and agrees to defend, indemnify. and
hold ha miess the City from any and all claims brought by User, its employees or agents, or third
parties which wise out of the users access or use of data provided.
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
Monday, November 9, 2009 at 7:00 p.m.
public
City Hall Council Chambers, 7700 Market Blvd.
hearing:
Proposal:
Proposed Vacation of Drainage and Utility
Easements - Planning Case File No. 07-02
Applicant:
JECWF Trust
Address/
The Arbors, Outlot B
Location of
A location map is on the reverse side of this
Proposal:
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-
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 October 22, 2009,
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
Monday, November 9, 2009 at 7:00 p.m.
public
City Hall Council Chambers, 7700 Market Blvd.
hearing:
Proposal:
Proposed Vacation of Drainage and Utility
Easements - Planning Case File No. 07-02
Applicant:
JECWF Trust
Address/
The Arbors, Outlot B
Location of
A location map is on the reverse side of this
Proposal:
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 property.
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 October 22 2009.
0 is
MINNESOTA ST HORTICULTURAL
U OF M RM 1 HORTICULTURE BLDG
ST PAUL MN 55108
CARLSON ARBORS DEV LLC
6393 HIGHWAY 7
ST LOUIS PARK MN 55416-2346
ROHAN LUND INC
360 NORTH ARM LN
ORONO MN 55364-8234
THE ARBORS HOMEOWNERS ASSN
6393 HIGHWAY 7 #RMC500
ST LOUIS PARK MN 55416-2346
PAUL GREGORY & MARY S SUMNERS DANIEL J & KAREN A HERBST
7620 CRIMSON BAY RD 7640 CRIMSON BAY RD
CHASKA MN 55318-9603 CHASKA MN 55318-9603
JECWF TRUST
18020 ZUMBRO AVE
SHAKOPEE MN 55379-9182
WESTWOOD COMMUNITY CHURCH
3121 WESTWOOD DR
EXCELSIOR MN 55331-8044
PETER T & DEANNA O BRANDT
7570 DOGWOOD RD
EXCELSIOR MN 55331-8053
ARCHER DESIGN & BUILD LLC
7882 RANCHVIEW LNN
MAPLE GROVE MN 55311-2101
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:
NOTICE OF PUBLIC HEARING
(A) These newspapers have complied with the requirements constituting qualification as a legal
VACATION OF DRAINAGE AND
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
UTILITY EASEMENTS
amended.
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN
(B) The printed public notice that is attached to this Affidavit and identified as No. Lj a (a N
Council
that the Chanhassen hearing on
will hold a public hearing
was published on the date or dates and in the newspaper stated in the attached Notice and said
p
Monday, November 9, 2009, at 7:00
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
p.m. in the Council Chambers at
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Chanhassen City Hall, 7700 Market
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Boulevard. The purpose of this
and publication of the Notice:
hearing is to consider the request of
JECWF Trust for the vacation of a
JECWn of the drainage and utility
abcdefghijkhnnopgrstuvm ,.
easements on Outlot B, The Arbors,
Planning Case File No. 07-02.
, / ,(' /
`�'VV
A legal description and drawing
VN/
of the proposed vacation area are
Laurie A. Hartmann
available for public review at City
Hall during regularbusiness hours.
All interested persons are
.invitedtoattend this publichearing
Subscribed and sworn before me on
and express their opinions with
respect to this proposal.
Alyson Fauske, Assistant City
neer
Phone:
y
this jj M1 day of 2009
952-22277-1164
(Published in the Chanhassen
Villager on Thursday, October 22,
2009; No. 4264)
JYMME J. BARK
?� �`NOTARY PUBLIC - MINNESOTA
My Commission Expires 01/31/2013
N ublic \_r' ,
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter...............................................$12.43 per column inch
SCANNED
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Certificate of --__,Description .,/
e �BTy
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El
Parcel A
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BEFORE
Lot I a 2A"..91 Y
Lot 5 B Part or (What 6 - 21.29281 SF
AFTER
Parch' A a 2;28885
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Pah' H � T;JISB] SF
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µBM$ e,cpf Me NMM1 10.W Mf .-1-1 dso ., I Me $eutw IO.W Mf
I—MOMq
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owes, MoreNwn the NMM1 m0 south law Mt o/ wok WMf a.
• denotes iron monument found
denotes iron
Cent/Rcate of OesLrptim an
........e.. .,,
JECWF Trust
I thereby eertav bwt this eurvy
a u,Mm�mye ebect sup�enizon
'"°tes.Wm
nev�eea:
p i e set
Lots I and 5. Black 2. & Part
u� l
aht u«asee whoQS7?PP
MOW Street
andmarked O9 shown: erroeeum
O
aF tbt/ot B. THE ARBORS,
Wrveyor uneer the taws or the9West
w to
Stale I Yee mote.
Bul MN 55313
Dote:
Drawn By:
Scale:
Dneckee By:FBr(763)682.3522
denotes soil
(763)6610727
lotinf3
G denotes percolation teat hole
QNVsr caYnty, MMnesot9
9/1/09
P.E.O.
1" = 20'
P.E.O.
1-09-0179
Pahl E Dma
gyp; 9.,F-o9 l:nnw 1 AWbE
EngirreeLs Blend SfNvoyas. /nc.
ScANNFG
NOTICE OF PUBLIC HEARING
VACATION OF DRAINAGE AND UTILITY EASEMENTS
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, November 9, 2009, 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
JECWF Trust for the vacation of a portion of the drainage and utility easements on Outlot B, The
Arbors, Planning Case File No. 07-02.
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 October 22, 2009)
gieng\vacations\the arbors - pc 07-Moutlot Mph notice to paperAm
Chanhassen City Council etcher 12, 2009
Mayor Furlong: Okay. About how many other, now you're not going to be doing all this work
yourself, is that correct?
Sam Schlangen: Right.
Mayor Furlong: About how many other people are you going to have?
Sam Schlangen: It depends how many volunteer and show up. I'm going to ask my troop and
just some friends and family to show up.
Mayor Furlong: Okay. Very good. Thank you.
Sam Schlangen: Alright. Thank you for your time.
Mayor Furlong: Anyone else for visitor presentations? No? Very good. Let's move on with the
next items on our agenda.
PC PUBLIC HEARING: THE ARBORS: CONSIDER VACATION OF DRAINAGE AND
Ui' O a UTILITY EASEMENTS.
Paul Oehme: Thank you Mayor and City Council members. Tonight the owner of Lot 5 in the
Arboretum development has requested that drainage and utility easements be vacated from their
property at the west of Lot 5 and to the east at the outlot. The vacation location on the property
is located in the Arbors again. It's off of 780' Street on the west side of the city. The lot shown
here, the subject properties here is Lot number 5 and the easements proposed to be vacated are
shown at this location and over here. The property has been administratively subdivided and the
property line east has been relocated to this location. New easements will be dedicated if the
vacation of the easements is also is granted. The subdivision to the west, that's still planned for
in the future. But staff has reviewed this application and finds it acceptable. There are no
utilities located within the drainage and utility easements as shown here so staff does support the
vacation of the drainage and utility easements at this time so. If there's no other questions I
would request that a public hearing be opened.
Mayor Furlong: Okay, thank you. Any questions for staff? Just for clarification. It looks like
this, we're only dealing with one new lot line this evening, is that correct? And we'll be dealing
with the other one at a future meeting?
Paul Oehme: Yeah.
Mayor Furlong: Things look familiar and...
Paul Oehme: Right, exactly. The subject easement over here in the yellow is.
Mayor Furlong: Is the one we're dealing with tonight?
Paul Oehme: Well is the one we'll be dealing with in the future.
4
Chanhassen City Council October 12, 2009 •
Mayor Furlong: Oh, okay.
Paul Oehme: The other ones shown here and the adjacent easement on the left, that's the
easement that we're talking about tonight.
Kate Aanenson: Mayor if I may.
Mayor Furlong: Yes.
Kate Aanenson: Just for clarification.
Mayor Furlong: Please.
Kate Aanenson: The ones between Lot 4 and 5 are shown in red. Those haven't been
administratively split yet. While we're going through the vacation, we just wanted to make sure
there's some of that property is going through foreclosure, sheriff s sale so it's just, it's
expediency so what we just want to make a condition on that an easement will be vacated subject
to the administrative lot split. So at the end of that motion.
Mayor Furlong: Subject to, okay.
Kate Aanenson: So we wouldn't vacate it until they administratively, those deeds are in our
office so that will happen, so they can happen simultaneously. We just want to make sure that
the administrative lot split happens before we would technically split.
Mayor Furlong: And the administrative subdivision at that time, new easements would be placed
over the new lot lines?
Kate Aanenson: That's correct.
Mayor Furlong: So we're not going, I'm sorry. Mr. Knutson.
Roger Knutson: No, I didn't mean to interrupt. And it's also subject to getting the easements
back. The new easements back.
Kate Aanenson: That's correct.
Paul Oehme: That's correct.
Mayor Furlong: And I guess that was my question. Is the administrative subdivision would not
occur unless we got new easements on top of new lots?
Kate Aanenson: Correct.
Paul Oehme: New lot lines.
C, •r,•-10
Chanhassen City Council qctober 12, 2009 •
Mayor Furlong: Is that correct?
Paul Oehme: That's correct.
Mayor Furlong: Okay. So would, what's being recommended to members of the council, the
proposed motion, if we consider it, should be amended so that after the date September 1, 2009
the condition subject to the administrative subdivision would be included in the motion. Is that
correct?
Roger Knutson: Correct, and receipt of the new boundary line easement.
Councilwoman Tjornhom: Can you repeat that? What was just said.
Mayor Furlong: I'm writing it down. Let me see if I've got, heard correctly. That the motion
would be amended, it would read as it is up to the period after the word, after the date September
1, 2009 and the motion would be extended to read, subject to the administrative subdivision and
receipt of the new boundary line easements.
Roger Knutson: Correct.
Councilman McDonald: Second.
Mayor Furlong: Okay. Now you're jumping ahead of me. Stickler for detail. Any other
questions of staff at this point? I do want to have a public hearing here first.
Councilman McDonald: Currently then, are these lots both vacant right now?
Kate Aanenson: There's a house on one. On Outlot B was the other split so the first split
occurred because the lot was a little narrow so they took some from the outlot where the
monument is. If you can point to where that sign is maybe Paul. So the first, they took, Lot 5
took a portion of that outlot. And then to make that lot wider, and then the other lot line pushed
it towards Lot 2. So you can see where that's going to move back over.
Mayor Furlong: So the net effect of this is the.
Kate Aanenson: Widening of lot.
Mayor Furlong: Is the widening of Lot 5 on both sides.
Kate Aanenson: Correct.
Councilman McDonald: Okay. And that's so it can meet our ordinances as far as setbacks
and...
Kate Aanenson: A larger home wanted to go on that lot, yes.
Chanhassen City Council Ictober 12, 2009 •
Councilman McDonald: Okay. And then what's the complication with, it's going through
sheriff's sale right now. How does that affect everything?
Kate Aanenson: Oh. Some of those properties up there are, so that's our understanding so.
Mayor Furlong: I think from our standpoint we'd just be looking at it from property rights and
making sure that we have drainage and utility easements on the boundary lines, consistent with
what we have with any new development in the future.
Councilman McDonald: Okay.
Mayor Furlong: Okay. Any other questions at this point? Otherwise if there are questions we
can ask them in just a few moments. At this time I would open the public hearing and invite any
interested parties to come forward and address the council on this matter. No one this evening?
Okay, very good. Without objection we'll close the public hearing and bring it back to council.
Any other questions on this? If not, if there's no questions or comments would somebody like
to go ahead and make a motion?
Councilman McDonald: You've got it written down.
Councilwoman Tjornhom: Pointing a finger at me.
Councilwoman Ernst: I make a motion to vacate the drainage and utility easements on Lots 4
and 5, Block 2, The Arbors as shown on the survey prepared by Otto Associates dated September
1, 2009. Amended subject to the administrative subdivision and.
Mayor Furlong: Receipt.
Councilwoman Ernst: Receipt of the new.
Mayor Furlong: Boundary line.
Councilwoman Ernst: Boundary line.
Mayor Furlong: Easements.
Councilwoman Ernst: Easements.
Mayor Furlong: That's what I thought you said. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Chanhassen City Council ctober 12, 2009 •
Resolution #2009-73: Councilwoman Ernst moved, Councilwoman Tjornhom seconded
that the City Council move approval to vacate the drainage and utility easements on Lots 4
and 5, Block 2, The Arbors as shown on the survey prepared by Otto Associates dated
September 1, 2009, subject to the administrative subdivision and receipt of the new
boundary line easements. All voted in favor and the motion carried unanimously with a
vote of 4 to 0.
PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTIONS CERTIFYING
DELINQUENT UTILITY BILLS AND CODE ENFORCEMENT BILLS.
Greg Sticha: Good evening Mayor and City Council members. On an annual basis, as part of
our certification process of delinquent accounts, we hold a public hearing to allow for input in
regards to any delinquent water and sewer accounts. Just going to give kind of a brief summary
of what the process all entails throughout the year. Throughout the year our residents receive
utility bills on a quarterly basis for their water and sewer consumption. They receive quarterly
bills so they will receive four bills throughout the year. If for some reason they are unable to pay
their bills, we in addition over the summer send letter notifications notifying them that their
accounts are delinquent and that in the fall we will be holding a certification process. Over the
summer they received two notifications that their accounts were delinquent and then this fall in
September on the 24s' in the paper we gave public notice of the intent to hold a public hearing on
certification of those accounts, which we will be doing later this evening. For 2009 to be
certified for 2010 in regards to water and sewer delinquent accounts we see dollar amounts in the
amount of $150,349.20. Since the packet went out we did receive payment of $11,144.23. That
dollar amount is now $137,950.46. That amount is slightly higher than last year's certified
delinquent accounts for water and sewer accounts. In addition to certifying the water and sewer
accounts we also certify any delinquent code violation accounts. Both certifications are allowed
within state statute and within our city ordinance. Again the certified delinquent code violations
were given two separate letters notifying them of delinquency in payment for the code violation.
In addition the notice was publicly printed in the paper on September 20 notifying all that there
will be a public hearing this evening in regards to those delinquent code enforcement accounts.
And I guess at this point I'll defer a question to Roger. I'm not sure if we have to have a
separate public hearing for the water and sewer accounts as well as the code enforcement or do
we, can we combine them into one public hearing?
Roger Knutson: They're two different subjects but you can open them up as one hearing.
Greg Sticha: Okay. So I guess at that, that would be the extent of the staff report so at this point
the process would be to open the public hearings and then after the public hearings have been
closed to pass the resolution certifying the delinquent water and sewer accounts and certifying
the delinquent code enforcement accounts.
Mayor Furlong: Okay, thank you. Any questions for staff? Councilman McDonald.
Councilman McDonald: On these amounts and everything, I mean I was looking through them
and some of them seem quite large. How many of these are due to like sheriff sales,
foreclosures, those type? Are you seeing those numbers up from last year?
CITY OF
CBANHA33EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone. 952,227.1100
Fax. 952.227.1110
Building Inspections
Phone: 952227,1180
Fax: 952,227.1190
Engrg
Phone:952.227.1160
Fax:952.227.1170
RnMlce
Phone: 952.227.1140
Fax: 952.227.1110
Park & Reaeatiol
Phone:952.227.1120
Fax: 952.227.1110
Remation Center
2310 Colter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planing &
RaWml Rewirm
Phone: 952227.1130
Fax: 952.227.1110
Pudic WAS
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
senior Center
Phone:952.227.1125
Fax: 952.227.1110
MEMORANDUM
O TO: Paul Oehme, Public Works Director/City Engineer ` `
FROM: Alyson Fauske, Assistant City Engineer fr
DATE: October 12, 2009
64,( o
SUBJECT: The Arbors, Planning Case File No.-07-02: Vacation Drainage and
Utility Easements
PROPOSED MOTION
"The City Council is recommended to vacate the drainage and utility easements
on Lots 4 and 5, Block 2, The Arbors as shown on the survey prepared by Otto
Associates dated September 1, 2009.
City Council approval requires a simple/super majority vote of the City
Council present.
On behalf of JECWF Trust,
Steve and Jodi Wolf have
requested that the side yard
drainage and utility
easements on Lots 4 and 5,
Block 2, The Arbors be
vacated. The easement
vacation areas are shown in
grey.
The lot lines on Lots 4 and 5,
Block 2 and Outlot B were
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adjusted by an administrative subdivision on May 28, 2008. There are no public or
private utilities within the easements that are proposed to be vacated.
New perimeter drainage and utility easements will be dedicated, as shown above.
The side yard drainage and utility easement on Outlot B (shown in yellow) is proposed
to be vacated as well, however it was not included in the notice for this hearing. Staff
anticipates that this easement vacation will be on the November 6, 2009 City Council
meeting.
Well Site Attachments:
wwvv ci &anhassemnir.us 1. Application 2. Drawing and legal description 3. Notice of Public Hearing/Affidavit
of vacations of mailing(location map
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CITY OF CHANHASSEN �a c a. ion o�-oa
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100 Th� Rrbors PG
DEVELOPMENT REVIEW APPLICATION
Name and
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Owner Name and �q�dress:
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Contact Sf�UE, Wo/¢
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Email: (CL2 Chjoco - Ca-vn
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* AIYJ I � I5D
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
N / ^_ Notification Sign — $200
(City to install and remove)
X Es for Filing Fees/Attorney Cost**
50 UP/SPRfVACNAR/WAP/Metes 8 Bounds
- $450 Minor SUB
TOTAL FEE $ 500, o Cr-4- 56 t"
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.
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PROJECT NAME:
LOCATION:
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LEGALDESCRIPTIONANDPID: 1-6t 5 . 1316ejt 7, — Lbf j 13Lddt, '-�'
TOTAL ACREAGE: 5 &C 4 7 / ,4
WETLANDS PRESENT:
PRESENT ZONING:
5-
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REQUESTED ZONING: 57Al2i E
PRESENT LAND USE DESIGNATION: L
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: iY OAl D
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FOR SITE PLAN REVIE`ly: include number of existing employees:
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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 {his application. I have attached a copy of proof of ownership
(either copy of Owners 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. q� - - l
U'f.�- ll/pvl
Signature of Applicant Date
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Signature of Fee Owner Dat
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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
September 30, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Vacation of D & U Easements on Lots 4 and 5, Block 2, The Arbors, Planning
Case 07-02 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 swfjrn to before me
thi day oB e;7 4p-, , 2009.
Notary Pubfi
4 JEAN M. STECKLING
Notary Public -Minnesota
My COMM'SS m E)OM Jon 31, 2014
0
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 hated in various city, county, state and
federal offices and other sources regarding the area shown, and is to be used for reference
puwses only. The City does not wartant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City tices not represent that the GIS Data can be used
for navigational, bedding or any other purpose requiring enacting 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 (2000), and the user of this map acknowledges that the City shall not
be liable for any damages, and eVressly waives all c aims. and agrees to defend. indemnity, and
hold harmless the City from any and all di ims brought by User, its empioyeas or agents, or third
parties which arse out of the use's access m use of data provided.
Ths m p s ne„-.er a legally recorded prop nor a survey and Is not intended to be used as one.
This map Is a compilation of records, information and dam located 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 tices 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. Vatting or any other purpose requiring enticing measurement of distance or
direction or preasion in the depiction of geographic features. If errors or discrepancies are found
pease contact 952-227-116,1. The preceding disclaimer is provided pursuant to Minnesota
Statutes §466,03, Subd. 21 (201 and the user of this map acknowledges that the City shall not
be liable for any damages, and eipressly waives all claims, and agrees to defend, indemnify, and
hod harram s the City trom any and all claims brought by User, its employees or agents, or third
parties which amiss out of the use's access or use of data proMed.
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
Monday, October 12, 2009 at 7:00 p.m.
public
hearing:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Proposed Vacation of Drainage and Utility
Easements - Planning Case File No. 07-02
Applicant:
JECWF Trust
Address/
The Arbors
Location of
A location map is on the reverse side of this
Proposal:
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 September 24,
2009,
Notice of Public Hearing
Chanhassen City Council Meeting
When is the
Monday, October 12, 2009 at 7:00 p.m.
public
City Hall Council Chambers, 7700 Market Blvd.
hearing:
Proposed Vacation of Drainage and Utility
Proposal:
Easements - Planning Case File No. 07-02
Applicant:
JECWF Trust
Address/
The Arbors
Location of
A location map is on the reverse side of this
Pro osal:
notice.
A vacation proceeding extinguishes the city's
illo
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 Is
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 September 24,
2009.
MINNESOTA ST HORTICULTURAL
U OF M RM 1 HORTICULTURE BLDG
ST PAUL MN 55108
CARLSON ARBORS DEV LLC
6393 HIGHWAY 7
ST LOUIS PARK MN 55416-2346
ROHAN LUND INC
360 NORTH ARM LN
ORONO MN 55364-8234
THE ARBORS HOMEOWNERS ASSN
6393 HIGHWAY 7 #RMC500
ST LOUIS PARK MN 55416-2346
PAUL GREGORY & MARY S SUMNERS DANIEL J & KAREN A HERBST
7620 CRIMSON BAY RD 7640 CRIMSON BAY RD
CHASKA MN 55318-9603 CHASKA MN 55318-9603
JECWF TRUST
18020 ZUMBRO AVE
SHAKOPEE MN 55379-9182
0
WESTWOOD COMMUNITY CHURCH
3121 WESTWOOD DR
EXCELSIOR MN 55331-8044
PETER T & DEANNA O BRANDT
7570 DOGWOOD RD
EXCELSIOR MN 55331-8053
ARCHER DESIGN & BUILD LLC
7882 RANCHVIEW LN N
MAPLE GROVE MN 55311-2101
Affidavit of Publication
Southwest Newspapers
NOTICE OF PUBLIC HEARING
VACATION OF DRAINAGE AND
UTILITY EASEMENTS
State of Minnesota)
CITY OF CHANHASSEN
),SS,
NOTICE IS HEREBY GIVEN
that the Chanhassen City Council
County of Carver )
Will hold a public hearing on
Monday, October 12, 2009, at 7.00
P.m. in the Council Chambers at
sse7700 Market
Bouantea do The purpose of this
hearing is to consider the
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
g Y Y
known Chaska Herald Chanhassen Vil-
request of
JECWFTrust for the
agent of the publisher of the newspapers as the and the
vacation of a
portion of the drainage and utility
lager and has full knowledge of the facts herein stated as follows:
easements on Lots 4 and a Block 21
The Arbors, Planning Case Fite No.
A These news have complied with the requirements constituting qualification as a legal
( ) P N g 9
07-02.
rov
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
,
Alegaldescriptionand drawing
amended.
Of the proposed vacation area are
available for public review at City
(B) The printed public notice that is attached to this Affidavit and identified as No. 3
Hallduringregular busineashours.
All interested persons
was published on the date or dates and in the newspaper stated in the attached Notice and said
are
invited to attendthis publichearing
Notice is herebyted as of this Affidavit. Said notice was cut from the columns of
rn corpora
and express their opinions with
s
the newspaper specified. Printed below is a copy of the lowercase alphabet from A to Z, both
respect to this proposal.
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Alyson Fauske,
and publication of the Notice:
Assistant City Engineer
Phone: 0s2-227-1164
Published the Chanhassen
Villager on Thursday, September
abcdefghbklmnopgrstuvwxy/z
24, 2009; No. 9252)
//(.-- y� it-1c'i •-iv
By:
Laurie A. Hartmann
Subscribed and swom before me on
JYMME J. BARK
NOTARY PUBLIC - MINNESOTA
N blic `\ My Commission Expires 01/31/2013
SCANNED RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.43 per column inch
NOTICE OF PUBLIC HEARING
VACATION OF DRAINAGE AND UTILITY EASEMENTS
CITY OF CHAN14ASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, October 12, 2009, 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 JECWF
Trust for the vacation of a portion of the drainage and utility easements on Lots 4 and 5, Block 2,
The Arbors, Planning Case File No. 07-02.
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 September 24, 2009)
gAeng\vacations\the arbors - pc 07-02\1ots 4-5\ph notice to paper.doc
CITY OF CHANHASSEN • •
P O BOX 147
CHANHASSEN MN 55317
09/04/2009 9:51 AM
Receipt No. 0108344
CLERK: katie
PAYEE: JECWF TRUST
Lots 4 & 5, Block 2. The Arbors
-------------------------------------------------------
Vacation of Easement 300.00
Admin Subdivision 150.00
Recording Fees 50.00
Total
Cash
Check 5011
Change
500.00
0.00
500.00
0.00
• ACAmin Sc.. lb 1
Planning--ase-Ne. 2 c009—O4
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100 (—T he— i)rbors
PC
DEVELOPMENT REVIEW APPLICATION -�e_)
Applicant Name and AddreOwner Name and dress:
S E C 0 F T fist �y r /� SE i> F 7,t�1� L(l LY
1YO20 ZccznBno ffUe /8a;ce ZGt7s�/3/!D uC
S�iako -�� S � SiaAIGDv.2-e ri%N S5 3'9 9
Contact: S-f&u Z tJo IF Contact:' SIC -or 40., /:F
Phone d/a-aat- S7g3 Fax: Psa- 03- 0 y36 Phone: 6ia as/-s7 13 Fax: Ma - C/o 7- 9S'�Sl
Email: .StEoi W Ch4DCo CO Email: S7<-u£ (9074oco - C6•rn
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` Aj ffl 111 (Sp
Temporary Sales Permit
{� Vacation of Right-of-Way/Easements (VAC) 3
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
/ Notification Sign — $200
(City to install and remove)
X Es for Filing Fees/Attorney Cost"
- UP/SPRNAC/VARIWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 500- o C I-#�, SC t t
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 DESCRIPTION AND PID: i-o{- 5
TOTAL ACREAGE: S E, ,-- /4�
WETLANDS PRESENT: /� YES
/ _
PRESENT ZONING: � . f - T .
REQUESTED ZONING: 5A en E
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
/3/0 ej a —
NO
Z6L./ LJ DNS
5,4 Jr. 6-
REASON FOR REQUEST: A1 D
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FOR 'SIT' PLAN' ��VIE1 r f •: I __
�- � E .. include number o 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 1 am the party whom
the City should contact regarding any matter pertaining to (his 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. n
l/I -
Signature of Applicant /J Date
J C C lJ F T � '7ZKh
Signature of Fee Owner IDat
GAPLANtFormsXDevelopmn t Review Applicafim.DOC Rev. 1/08