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CAS-02_VACATION OF ROW, DRAINAGE, UTILITY & TRAIL EASEMENTQ w z 2i W Q J Easement Exhibit Drainage & Utility Easement per,,\\ ZIMMERMAN FARM 1ST ADD177ON �`�. ' Gti�-, 1. =1U \ u� j/f�-ZIMMERMAN FARM 1STEasement ADD177ON F; I t ," Urainoge &Utility Easement per Doc. No. 116537 10 Gas line Easement per Doc. No. 174943 J Drainage & Utility Easement per�..� 1 `j 40 1 1 ZIMMERMAN FARM IST—ADDIRON Drainage & Utility Easement per 12D�� - .,,,_"_� �� O ! L 27 ZIMMERMAN FARM 1ST ADDl770N j � ` --L � `-'.".", i B • denotes iron monument found p denotes iron pipe set and marked as shown: onoaoos2 denotes soil boring O denotes percolation test hole 12 m13 h l �' --Gas line Eo�psement j i1 / per Doc. No. 174943 •J _ �%' i _ 1 zi 2 Drainage & Utility Eosement per Doc. No. 116537 4 \ OUTLOT C OUTLOTB v(\IlVl v'VIY 3 rll & Utility Easement per IN FARM 1ST ADD177ON Easement Exhibit of ZIMMERMAN FARM 1ST ADDITION, Carver County, Minnesota 25 Requested By: 20' Trail Easement per Doc. No. 117252 Drainage & Utility Easement per ZIMMERMAN FARM 1ST ADD177ON Carlson Custom Homes Dat2/20/07 DrawDBN-A. le -100' the T.AyB. 20' Troll Easement per Doc. No. 112252 To Be Vacated) 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 o�sota. Paul E. tto Date: "^�'7 License # 40062 & Utility Easement per IN FARM 1ST ADD17ION T ►73 l� � -T -r-n3 0 2) denotes easements to be vacated Web Site: www.ottoassociates.com O /"--\ SSOCIATES Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)6824727 Fax:(763)682-3522 Revised: No. 2-06-0135 Drainage & Utility Easement per ZIMMERMAN FARM 1ST ADD177ON C� F, Cj T` G� Drainage & Utility Easement per ZIMMERMAN FARM 1ST ADD177ON • denotes iron monument found denotes iron pipe set a77014343 and marked as shown: arro�oosz ® denotes soil boring O denotes percolation test hole 0 Easement Exhibit 11 Drainage & Utility Easement per ZIMMERMAN FARM 1ST ADD177ON 1 i \c� 1c� \0i it �V) 1 I -Drainage & Utility Easement 9 ,� 1 per Doc. No. 116537 ! !U 10 / 1 -%'—Gas line Easement %,\ 1 yw,"/ per Doc. No. 174943 1V;1\ \1 \ oT \ 1 Drainage & Utilit Easement per. `� \ � / 40 1 \ ZIMMERMAN FARM T-ADD177ON j 0 1 `LI Drainage & Utility Easement per Doc. No. 116537 12 V; -- - — V \ 1\ !r=—Gos line rE%ent Q / 13 per I Doc. 0. em174943 STRE J 1 � ., ; L\ , 14 3 5 � � 1 I ! II OUTLOT C l i l it 1 OUTLOTB ..hrrn.: vry I Ltnr �� 1 `.:Drainage &Utility Easement per 25 ZIMMERMAN FARM 1ST ADD177ON SCANNED 20' Trail Easement per Doc. No. 117252 Drainage & Utility Easement per ZIMMERMAN FARM 1ST ADD177ON Requested By: Easement Exhibit of Carlson Custom Homes ZIMMERMAN FARM 1ST ADDITION, Carver County, Minnesota Date: Drawn °rawDBy: N.A. Scale: Checked 1"—� 100' Ty T.A.B. 20' Trail Easement per Doc. No. 117252 To Be Vacated) 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 of Minnesota. Paul E. Qtto Date: ' -0% License # 40062 & Utility Easement per IN FARM 1ST ADD177ON denotes easements to be vacated Web Site: www.ottoassociates.com O —\ SSOCIATES Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)6824727 Fax.(763)682-3522 Revised: No. 2-06-0135 0 0 Document No. OFFICE OF THE T 163622 REGISTRAR OF TITLES COUNTY. MINNESOTA CARVER Cert# 3175& Fee: $ 66.00 Certified Recorded on 07-12-200i attG3022:W (I AM M PM 2007-07-12 Cad W. Registrar ofTiJr itles CERTIFICATION STATE OF NIINNESOTA) LAND TITLE, INC. - - ^SUITE 200 orinn COUNTY OF CARVER NEW FILE 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 Vacating Right -of -Way, Drainage, Utility and Trail Easements in The Arbors, Planning Case File No. 07-02 adopted on July 9, 2007, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 101a day of July, 2007. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA DATE: July 9, 2007 RESOLUTION NO: 2007- 44 MOTION BY: Peterson SECONDED BY: Ernst A RESOLUTION VACATING RIGHT-OF-WAY, DRAINAGE, UTILITY AND TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is requesting to vacate right-of-way and easements within the underlying parcels of The Arbors development (Carlson Custom Homes and Peter & Deanna Brandt); and WHEREAS, the existing trail easement to be vacated was granted to the City in 1990 by Document Number 117252; and WHEREAS, the existing drainage and utility easements were dedicated and granted to the City in 1990 in the Zimmerman Farm 10 Addition final plat; and WHEREAS, the Zimmerman Road 30' right-of-way was dedicated and granted to the City in 1990 in the Zimmerman Farm I" Addition plat. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the Zimmerman Road right of way and the drainage, utility and trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9x' day of July, 2007. ATTES Gerhardt, City Manager Thomas A. Furlong, Mayor Furlong Litsey Ernst Peterson Tjarnhan NO ABSENT NOW Now Easement and Right of Way Vacation Descriptions A 20.00 foot easement for trail purposes over, under and across the east 20.00 feet of Lots 1 and 2, Block 1, Zimmerman Farm 1'` Addition, according to the recorded plat thereof, Carver County, Minnesota, AND A 20.00 foot easement for trail purposed over, under and across the south 20.00 feet of Lot 2, Block 1, Zimmerman Farm 15` Addition, lying east of the northerly extension of the west right of way line of Crimson Bay Road, as delineated and dedicated in the plat of Crimson Bay, according to the recorded plat thereof, Carver County, Minnesota, All the Drainage and Utility. Easements on Lots 1 and 2, Block 1, as donated and dedicated on the plat of Zimmerman Farm Is'Addition, according to the recorded plat thereof, Carver County, Minnesota, 0 That part of Zimmerman Road that lies East of Dogwood Road as donated and dedicated on the plat of Zimmerman Farm 1'` Addition, according to the recorded plat thereof, Carver County, Minnesota. 0 • CITY OF July 12, 2007 7700 Market Boulevard W. Bruce Carlson PO Box 147 Carlson Custom Homes Inc. Chanhassen, MN 55317 1440 Bavarian Shores Drive Administration Chaska, MN 55318 Phone: 952.227.1100 Fax: 952.227.1110 Peter & Deanna Brandt Building Inspections 7570 Dogwood Road Phone: 952.227.1180 Excelsior, MN 55331 Fax: 952.227.1190 Engineering Re: Easement Vacation Approval — Planning Case File No. 07-02 Phone: 952.227.1160 Fax:952.227,1170 Dear Bruce, Peter and Deanna: Finance Phone:952.227,1140 This letter is to confirm that on July 9, 2007, the Chanhassen City Council Fax:952.227.1110 approved a resolution vacating the Right -of -Way, Drainage, Utility and Trail Park A Recreation Easements in The Arbors. Phone: 952.227.1120 Fax: 952.227.1110 In order to finalize the vacation, the Council resolution must be recorded at Carver Recreation Cerder County which is being taken care of by Land Title Company. In addition, since you 2310 Coulter e:95222 .140d Phone:952.227.14W were previously charged for a notification list of lot owners within 500 feet of the P y g Fax: 952.227.1404 subject area, you will not be charged again. Planning a If you have any questions, please contact me at (952) 227-1164. Natural Resources Phone: 952.227.1130 Fax:952.227.1110 Sincerely, Public Works 1591 Park Road CITY OFCHvAN�HASSEN Phone: 952221.1300 Fax:952.227.1310 /%d1 Senior Center Phone:952.227.1125 Alyson Fauske, P.E. Fax:952.227.1110 Assistant City Engineer Web Site www.ci.chanhassen.mn.us c: Dan Remer, Engineering Tech III Bob Generous, Senior Planner @CANNED giene vacations\the arbors - pc 07-02kc approval letter.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. CERTIFICATION STATE OF 1VIINI TNESOTA ) ) 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 Vacating Right -of -Way, Drainage, Utility and Trail Easements in The Arbors, Planning Case File No. 07-02 adopted on July 9, 2007, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 10`s day of July, 2007. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 9, 2007 RESOLUTION NO: 2007-44 MOTION BY: Peterson SECONDED BY: Ernst A RESOLUTION VACATING RIGHT-OF-WAY, DRAINAGE, UTILITY AND TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is requesting to vacate right-of-way and easements within the underlying parcels of The Arbors development (Carlson Custom Homes and Peter & Deanna Brandt); and WHEREAS, the existing trail easement to be vacated was granted to the City in 1990 by Document Number 117252; and WHEREAS, the existing drainage and utility easements were dedicated and granted to the City in 1990 in the Zimmerman Farm I't Addition final plat; and WHEREAS, the Zimmerman Road 30' right-of-way was dedicated and granted to the City in 1990 in the Zimmerman Farm 1" Addition plat. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the Zimmerman Road right of way and the drainage, utility and trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9d' day of July, 2007. Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong None None Litsey Ernst Peterson Tjornhom Easement and Right of Way Vacation Descriptions A 20.00 foot easement for trail purposes over, under and across the east 20.00 feet of Lots 1 and 2, Block 1, Zimmerman Farm 1" Addition, according to the recorded plat thereof, Carver County, Minnesota, 0 A 20.00 foot easement for trail purposed over, under and across the south 20.00 feet of Lot 2, Block 1, Zimmerman Farm I" Addition, lying east of the northerly extension of the west right of way line of Crimson Bay Road, as delineated and dedicated in the plat of Crimson Bay, according to the recorded plat thereof, Carver County, Minnesota, 0 All the Drainage and Utility Easements on Lots 1 and 2, Block 1, as donated and dedicated on the plat of Zimmerman Farm I" Addition, according to the recorded plat thereof, Carver County, Minnesota, n.1 That part of Zimmerman Road that lies East of Dogwood Road as donated and dedicated on the plat of Zimmerman Farm I" Addition, according to the recorded plat thereof, Carver County, Minnesota. City Council Meeting - Julp, 2007 41 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. AND ROAD RIGHT-OF-WAY: CARLSON ARBORS DEVELOPMENT, LLC. Public Present: Name Address Donald Peterson 15725 15s' Place No., Plymouth Paul Oehme: Thank you Mayor, City Council members. The developer for the Arbors has requested the following easements be vacated from the plat. Or the underlying easements before the plat is filed at Carver County. The easements in question are shown in the drawing here and again this is the Arbors development which is located off of 78t° Street, just west of 41 and Dogwood Road. The easements proposed to be vacated are shown in yellow and red here. Zimmers Road is shown here. This is a 30 foot easement that was dedicated in 1990 under the Zimmerman plat. Associated with that is the drainage utility easements shown here in yellow. Also indicated on the same plat and a 20 foot wide trail easement shown here. These easements are no longer needed in conjunction with, since we do have the Arbors plat and development that has been approved. Staff recommends that the easements be vacated conditioned that the final plat be recorded and the development contract also be signed and recorded as well so. I stand for questions and I request that a public hearing be opened at this time. Mayor Furlong: Thank you. Any questions for staff? If not then we'll move forward. Open the public hearing and invite all interested parties to come forward and speak on this matter. Seeing nobody then, without objection we'll close the public hearing. Bring it back to council for discussion. Any discussion by council members? Councilman Peterson: Motion to approve. Mayor Furlong: Motion to approve staffs recommendation. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Resolution #2007-44: Councilman Peterson moved, Councilwoman Ernst seconded to approve the vacation of drainage and utility easements, trail easements and road right-of- way subject to filing The Arbors final plat and development contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. SCANNED MEMORANDUM c9 . TO: Paul Oehme, Public Works Director/City Engineer n CM i�l�r�p OF FROM: Alyson Fauske, Assistant City Engineer CvA—'"' SEN DATE: July 9, 2007 T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Planning Case File No. 07-02: Vacation Drainage and Utility Easements, Trail Easement and Road Right of Way Administration Phone: 952.227.1100 Fax: 952.227.1110 BACKGROUND Building Inspections Bruce Carlson and Peter and Deanna Brandt have requested that the following be Phone: 952.227.1190 vacated on the property to be known as The Arbors: Fax:952.227.1190 a) Ten -foot wide and 5-foot wide perimeter drainage and utility easements on Engineering Lots 1 and 2, Block 1 Zimmerman Farm lst Addition, Phone: 952.227.1160 b) Twenty -foot wide trail easement per Document Number 117252, and Fax:952227,1170 c) The 30-foot wide Zimmerman Road right of way per the Zimmerman Farm I" Finance Addition plat. Phone: 952.227.1140 Fax: 952.227.1110 The properties being re -platted in conjunction with The Arbors development, therefore Pad & Recreation the perimeter drainage and utility easements are not necessary. There are no public or Phone.952.227.1120 private utilities within the easements that are proposed to be vacated. Fax: 952.227.1110 Recreation Center The 20-foot wide trail easement was granted to the City in 1990 to provide for future 2310 Coulter Boulevard trail connections in the area. The trail easement will not be necessary once The Phone: .22714400 Fax:952.227.1404 Arbors final plat is filed as the developer will dedicate a 60-foot wide right of way for P PeY the construction of West 78`s Street, which includes the construction of a five-foot Planning & wide concrete sidewalk on the north side. Natural Resources Phone, 952.227.1130 Fax :952.227.1110 The southern 30 feet of right of way for Zimmerman Road was dedicated with the Zimmerman Farm 1st final plat to provide a future second access to the property. This Public woos 1591 Park Roadrequired street connection will not be since The Arbors development will construct Phone:952.227.1300 West 78oh Street from the current terminus at the Westwood Church property to the Fax:952.227.1310 Dogwood Road extension that will be constructed with City Project 06-06. West 78`s Senior Center Street is a public street that connects to Highway 41. Phone. 952.227.1125 Fax: 952.227.1110 RECOMMENDATION Web site Staff recommends approval of the easement vacations subject to filing The Arbors wvrw.ci.chanhassen.mn.us final plat and development contract. Attachments: 1. Application 2. Drawing and legal description 3. Notice of Public Hearing/Affidavit of vacations of mailing/location map gCMaNED The City of Chanhassen • A winding trails, and beautiful parks. A gnat place to live, work, and play. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: c/::firer; ; Ownel Contact: Z"�,, er Conta Phone:95' 75-`-%,^ Fax: 952 i75-6?61/0 Phone Email: _s/ter, lnr`ey @ G-ono 7, aeT Email: erlp"in Planning Case No. (0-7—Oa CITY OF CHANHASSEN RECEIVED DEC 0 1 2006 CHANHASSEN PLANNING DEPr Iress: Parcel 4111 'i 'A',, -,I /, n' -/ a Fax - NOTE: Consultation with City staff is required prior to submittal, including review of development plans/ V/ Comprehensive Plan Amendment k{� t Temporary Sates Permit Conditional Use Permit (CUP) t/ Vacation of Right-of-Way/Easements(VAC) �270U Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' RezoningL J Sign Permits Sign Plan Review Site Plan Review (SPR)' d I . Subdivision' FOG f /5 Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNARANAP/Metes & Bounds - $450 Minor SUB _ If TOTAL FEE $ 25.JO 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'/s" X 11" reduced copy for each plan sheet along with a digital cop v 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: EDa rq V0,0 /('�� 4mr l 11t1 79'rli 4.7i ,eE1 LEGAL DESCRIPTION: a ^"14 Lo [ TOTAL ACREAGE: WETLANDS PRESENT: X YES NO PRESENT ZONING: �'� e il:IIentlmil y Ift, REQUESTED ZONING: jt�Sr R-eSt4aed .5;P-71e PRESENT LAND USE DESIGNATION: 1. 5� r!l%i llogeX"teol REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: �iklI�t///l�jLpj { riyeatt veaye /z75 .nr N•e�;�eh�� %l�11r25 arerD T"� ��fiS�hn a``cY'it �'. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge I: ✓ ignature of Fee Owner e,-Avr- ! �DrA�f/h•ur1 .�.<, T Awe` aQ DID Date G:tptAMrorms\Development Review Appliwtion.DOC Rev. 12r05 0 Drovrage & �t7ffy Eas 2/MMERMAN fARM 1ST Drninoge & UM7ty ZNJWIUAN FARM • denotes iron monument found O denotes iron pipe set a+� 1 and marked as shown:(.--.___ 9 denotes soil boring v G denotes percolation test hole Q 1 Dramoys & UtSfy per Doc Na 7165 (.Ri)ri.:ovii l7A� t 1 Drainage & Utility foremen( par ZMMERMAN FARM i5T AOD/oCw v •v„ jt —46\� III�i�oMe a utaRy a me — —1 8 A I 1 per Doe Na 116537 1 i! 3 I \ \ j 10 11 111 � Ces fine No. 1749 per Doc No. it<943 ,111 � ✓ 11\ I 40 yV 1 1 fi Omma9e it UWRXEosement Per-)-' er ' 12 Utdity E.sot pr FARM IST ADDIRON Easement Exhibit of 1� I I ZIMMERMAN FARM 1ST ADDITION, /�Das fne Eo5'amnt `� } 13 j perDoc Na 774943 \ Sr`:, v j 11 \ 1 L j 14 f � \ l I 2 _7 1 IIj / 3 j �� 5 I it OUTLOT C II I I OUTLOTS 20 Doil Eosement �inoge & UtNify pa Doc No. 177252 DM14ERWM EARN Carlson Custom Homes Date: I Drawn By: Scale: , _ ^. Checked By: T A 20' Doq Eovement rDoe Na 117252 Be Vaoofed) aDmnaMe & Vfdity Eae .( ➢er 2WARMAN FARM 1ST ADD/DaN 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 'of^ nnesot�� CITY OF CHANHASSEN RECEIVED MAR 2 6 2007 CHANHASSEN PLANNING DEPT Web Sife: K'ww.ottoas5oeiates.com West Division SL Buffalo, MN 5531313 WSSOCIATES Ph: (763)682-0727 Fa)a (763)682.3522 1b No. 2-06-1 Easement and Right of Way Vacation Descriptions A 20.00 foot easement for trail purposes over, under and across the east 20.00 feet of Lots 1 and 2, Block 1, Zimmerman Farm 0 Addition, according to the recorded plat thereof, Carver County, Minnesota, A 20.00 foot easement for trail purposed over, under and across the south 20.00 feet of Lot 2, Block 1, Zimmerman Farm ls` Addition, lying east of the northerly extension of the west right of way line of Crimson Bay Road, as delineated and dedicated in the plat of Crimson Bay, according to the recorded plat thereof, Carver County, Minnesota, All the Drainage and Utility Easements on Lots 1 and 2, Block 1, as donated and dedicated on the plat of Zimmerman Farm Is' Addition, according to the recorded plat thereof, Carver County, Minnesota, AND That part of Zimmerman Road that lies East of Dogwood Road as donated and dedicated on the plat of Zimmerman Farm l` Addition, according to the recorded plat thereof, Carver County, Minnesota. 11 0 [IMAXII&. r II r yDIO 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 June 27, 2007 , 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 of Proposed Vacation of Right -of -Way, Drainage, Utility and Trail Easements in 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 sworn to before me this 'day of �. nt 12007. Notary Pu lic gAeng\forms\affidavit.doc Kiden J. Enjrdt, D4uty Clerk KIM T. MEUWISSEN Notary Public -Minnesota 3`•�'/My Crn Mssan EO,. Jan 31.2010 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, infomatian and data located in various city, county, state and federal offices and other sources regardng the area shown, and is to be used for reference purposes only. The Gay does not warrant Met the Geographic Information System (GIS) Data used to prepare this map are error free, and the Cory does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or (trachea W precision in Me depiction of geographic features. If simple Or discrepanues are found please contact 952-227-1160. The precetling disclaimer is provided pursuant to Minnesota Stables §466.03, Subd. 21 (2000), and the user of this map acknovedges that Me City shall not be liable for any damages, and expressly waives all ciams, and agrees to defend, indemnify, and hold hermoss Me City from any and all darts brought by User, is employees or agents, or Mine parties which al out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not iMended 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 regardng the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Informal System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requirng exacting measurement of distance or direction or precision in the depiction of geographic features. I errors or dscrepancies are found please contact 952-227-1164. The preceding declaimer is provided pursuant to Nnnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that Me City shall not be liable for any damages, and expressly waves all claim, and agrees to defend, indenni/y, and hold harmless the City from any and all dams brought by User, its employees or agents, or third parties which anse out of the users access or use of data Movided. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, July 9, 2007 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposed Vacation of Right -of -Way, Drainage, Proposal: Utility and Trail Easements Planning Case File No. 07-02 Applicant: Bruce Carlson and Peter & Deanna Brandt 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 Friday. Please contact Alyson Fauske at 952-227- Questions & 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 June 21 2007. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, July 9, 2007 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearin : Proposed Vacation of Right -of -Way, Drainage, Proposal: Utility and Trail Easements Plannin Case File No. 07-02 Applicant: Bruce Carlson and Peter & Deanna Brandt 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 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 hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Please contact Alyson Fauske at 952-227- Questions & 1164 or e-mail afauskeCci.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 hearino has been published in the Chanhassen Villa er on June 21 2007. rI U PETERSON REVOCABLE TRUST C/O GRETCHEN STARKS 3301 TANADOONA DR EXCELSIOR , MN 55331 -8048 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR, MN 55331 -8013 DANIEL D & AMY R GETSCH 1069 DORLAND RD MAPLEWOOD . MN 55119 -3576 MINNESOTA ST HORTICULTURAL U OF RM 1 HORTICULTURE BLDG ST PAUL, MN 55108 - PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE. MN 55344 -7399 PETER T & DEANNA O BRANDT 7570 DOGWOOD RD EXCELSIOR, MN 55331 -8053 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR, MN 55331 -8015 JOHN H GETSCH 5404 GLENGARRY PKWY EDINA , MN 55436 -2006 MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR, MN 55331 -8053 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS . MN 55455 -0118 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA , MN 55318 -9603 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR. MN 55331 -8044 JOHN & JOYCE FOLEY C/O RICHARD J FOLEY 4804 DUNBERRY LN MINNEAPOLIS , MN 55435 -1537 CARLSON CUSTOM HOMES INC 1440 BAVARIAN SHORES DR CHASKA , MN 55318 -1547 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR. MN 55331 -8053 PAUL GREGORY & MARY S SUMNE 7620 CRIMSON BAY RD CHASKA , MN 55318 -9603 ROBERT W & MARY M HAGEMAN & MICHAEL E & JENNIFER GRAVES 7660 CRIMSON BAY RD CHASKA . MN 55318 -9603 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 9.2007 RESOLUTION NO: 2007- M0TION BY: SECONDED BY: A RESOLUTION VACATING RIGHT-OF-WAY, DRAINAGE, UTILITY AND TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is requesting to vacate right-of-way and easements within the underlying parcels of The Arbors development (Carlson Custom Homes and Peter & Deanna Brandt); and WHEREAS, the existing trail easement to be vacated was granted to the City in 1990 by Document Number 117252; and WHEREAS, the existing drainage and utility easements were dedicated and granted to the City in 1990 in the Zimmerman Farm I" Addition final plat; and WHEREAS, the Zimmerman Road 30' right-of-way was dedicated and granted to the City in 1990 in the Zimmerman Farm I' Addition plat. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the Zimmerman Road right of way and the drainage, utility and trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9's day of July, 2007. ATTEST: Todd Gerhardt, City Manager YES Thomas A. Furlong, Mayor NO ABSENT I CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on .Tune 27, 2007, 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 of Proposed Vacation of Right -of -Way, Drainage, Utility and Trail Easements in 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 swom to before me this Q:Ztday of Swne._ 12007. 1 Notary Pu lic gAeng\forms\affl davit.dm SCANNED Ktden J. E el rdt, D64uty Clerk *KIM T. MEUWIfes SSEN Notary Public-MianeOZo 0y Cp ,, slon Fxp g SUBJECT ! PROPERTY Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a conpilation of records, infomation end data located in various city, county, state antl federal offices and other sources regarding the area shovm, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIs) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, trackitq or any other purpose requiring exacting measurement of distance or direction or precision in this depiction of geographic features. If errors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statures §4%.03, Subd. 21 (2000), and the user of this map acknowledges that Me City she not be liable for any damages, and enpressly waives all clams, and agrees to defend, indemnify, and hold harmless; the City from any and all clams brought by User, its employees or agents, or third parties which area our of the users access or use of data provided. - SUBJECT r PRCPERW '� 2tN5Mtrp�_rneLeatl _ _ -- Disclaimer This map is neither a legaly recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, iofoenaion and data located in venous dry, county, state and ladera offices and other sources regarding the area shown, and is to be used for reference purposes only. The Ciry does not warrant that the Geographic Information System (GIS) Data used 10 prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance a direction or precision in the depiction of geographic features. If emors or discrepancies are found Please contact 9U2227-1164. The preceding cisdaimer is provided pursuant to Minnesota Sfawtes §466.03, Subd. 21 (2000), and Me user of this map acknowledges that the City shell not be liable for any damages, and expressly waives all clans, and agrees to defend, indemnify, and hold hamdess the City ban any and all claims brought by User, its employees or agents, or third Parties which MISS our of MB users access or use of data provided. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, July 9, 2007 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposed Vacation of Right -of -Way, Drainage, Proposal: Utility and Trail Easements Planning Case File No. 07-02 Applicant: Bruce Carlson and Peter & Deanna Brandt 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 r perty. 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 June 21, 2007. Notice of Public Hearing Chanhassen City Council Meeting ,. . PETERSON REVOCABLE TRUST C/O GRETCHEN STARKS 3301 TANADOONA DR EXCELSIOR, MN 55331 -8048 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR, MN 55331 -8013 DANIEL D & AMY R GETSCH 1069 DORLAND RD MAPLEWOOD , MN 55119 -3576 MINNESOTA ST HORTICULTURAL UOFM RM 1 HORTICULTURE BLDG ST PAUL , MN 55108 - PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE, MN 55344 -7399 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR, MN 55331 -8053 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR. MN 55331 -8015 JOHN H GETSCH 5404 GLENGARRY PKWY EDINA , MN 55436 -2006 MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR, MN 55331 -8053 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS . MN 55455 -0118 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA , MN 55318 -9603 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR. MN 55331 -8044 JOHN & JOYCE FOLEY C/O RICHARD J FOLEY 4804 DUNBERRY UN MINNEAPOLIS , MN 55435 -1537 CARLSON CUSTOM HOMES INC 1440 BAVARIAN SHORES DR CHASKA . MN 55318 -1547 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR, MN 55331 -8053 PAUL GREGORY & MARY S SUMNE 7620 CRIMSON BAY RD CHASKA , MN 55318 -9603 ROBERT W & MARY M HAGEMAN & MICHAEL E & JENNIFER GRAVES 7660 CRIMSON BAY RD CHASKA , MN 55318 -9603 0 NOTICE OF PUBLIC HEARING VACATION OF RIGHT-OF-WAY, DRAINAGE. UTILITY & TRAIL CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday. July 9, 2007, at 7:00P.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this Brandt for the vacation of right-of- way, drainage, utility and trail easements in The Arbors plan, Planning Case File No. 07-02. A legal description and drawing of the proposed vacation area are available for public review at City Hailduringregularbusiness 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 (Published in the Chanhassen V illager on Thursday, June 21, 2007; No. 4905) SCANNED Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as amended. p (B) The printed public notice that is attached to this Affidavit and identified as No. y/a� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghuklmnopq /B a !/V (��S t^i v„�l�`�„�✓" Laurie A. Hartrnann Subscribed and sworn before me on this eV day of 2007 1 Notary Public GWEN M. RADUENZ NZEEMA NOTARY PU01JC-MWSOTA My Commasiai Fxges Jan91, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matte ................................ $40.00 per column inch Rate actually charged for the above matte ............................................... $11.89 per column inch E E NOTICE OF PUBLIC HEARING VACATION OF RIGHT-OF-WAY, DRAINAGE, UTILITY & TRAIL EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 9, 2007, 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 Bruce Carlson and Peter and Deanna Brandt for the vacation of right-of-way, drainage, utility and trail easements in The Arbors plan, 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 June 21, 2007) SCANNED g: cng\vacations\the arbors - pc 07-02\ph notice to paper.doc