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CAS-02_VACATION OF TRAIL EASEMENTSThe contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-IaW.eOm CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mail Address: sndson@ck-law.com March 15, 2011 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN— RECORDATION OFDOCUMENTS ➢ Resolution 2010-70 — Vacating Trail Easements in The Arbors Chanhassen Planning Case No. 07-02 (Lots 1, 8, 9,10,11,12 and 14, Block 1, The Arbors) Carlson Arbors Development, LLC Parcels / Certificate of Title No. 33836 Dear Jean: Enclosed for the City's files please find original recorded Resolution 2010-70 vacating trail easements in The Arbors. The resolution was recorded with Carver County on December 6, 2010 as Torrens Document No. T177693. SRN:ms Enclosure cc: Alyson Fauske (letter only) Kim Meuwissen (letter only) Regards, CAMPBELL KNUTSON Professional Association B-fir'' ' N `�� san R. Nelson, 1 Assistant CITY OF " ;rASSEN MAR 1 6 Zp11 ENGINEERING DEPT, STATE OF MINNESOTA ss COUNTY OF CARVER Document a T 177693 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # Cert.# 33836 Fee $46 00 Certified Recorded on 12/6/2010 at 177693 CERTIFICATION 09:45 JAM ❑ PM Mark Lundgren Registrar of Titles I, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2010-70 entitled, "Vacating Trail Easements in The Arbors Planning Case File No. 07-02" adopted on August 9, 2010, with the original copies now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 25th day of August, 2010. Karen J. E el ardt, a uty Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA DATE: August 9, 2010 RESOLUTION NO: 2010-70 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is being requested to vacate trail easements within the underlying parcels of The Arbors development (Pulte Homes of Minnesota) consisting of a ten -foot wide trail easement per Document Number 165683 on Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, The Arbors; and WHEREAS, the existing trail easement to be vacated was granted to the City in 2007 by Document Number 165683; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of West 78t° Street, which includes the construction of a five-foot wide concrete sidewalk on the north side; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of Dogwood Road. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating The Arbors trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9a day of August, 2010. ATTES . .A Tod Gerhardt, City Manager Thomas A. Furlong, Mayor YES Furlong McDonald Ernst Tjomhom NO ABSENT Litsey VACATION DESCRIPTION That part of Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, THE ARBORS, Carver County, Minnesota, described as follows: The northerly 10.00 feet of said Lots 1, 8, 9, 10, and 11, Block 1, and the easterly 10.00 feet of said Lots 11, 12, and, 14, Block 1. (Said Description is a portion of Doc. No. 165683) CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 8/26/10 1 2007-02 The Arbors Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/9/10 2010- 70 Resolution 2010-70 Vacating Trail Easements in The Arbors THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Jason Wedel, Pulte Homes (952)227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED • r1 U 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 2010-70 entitled, "Vacating Trail Easements in The Arbors Planning Case File No. 07-02" adopted on August 9, 2010, with the original copies now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 25th day of August, 2010. Karen J. E el ardt, uty Clerk r� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 9, 2010 RESOLUTION NO: 2010-70 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is being requested to vacate trail easements within the underlying parcels of The Arbors development (Pulte Homes of Minnesota) consisting of a ten -foot wide trail easement per Document Number 165683 on Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, The Arbors; and WHEREAS, the existing trail easement to be vacated was granted to the City in 2007 by Document Number 165683; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of West 78th Street, which includes the construction of a five-foot wide concrete sidewalk on the north side; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of Dogwood Road. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating The Arbors 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 August, 2010. ATTFS . Tod Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Litsey McDonald Ernst Tjomhom VACATION DESCRIPTION That part of Lots 1, 8, 9,10, 11, 12, and 14, Block 1, THE ARBORS, Carver County, Minnesota, described as follows: The northerly 10.00 feet of said Lots 1, 8, 9, 10, and 11, Block 1, and the easterly 10.00 feet of said Lots 11, 12, and, 14, Block 1. (Said Description is a portion of Doc. No. 165683) I CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 O8/24/2010 11:10 AM Receipt No. 0135744 CLERK: katie PAYEE: Pulte Homes of MN 100 Bloomfiled Hills Pkwy #300 Bloomfield Hills MI 48304 Vacation of Trail Easement The Arbors; Planning Case 07-02 ------------------------------------------------------- Recording Fees 50.00 Total Cash Check 0050911057 Change 50.00 0.00 50.00 0.00 SCANNED CITY OF CHANHASSEN Vendor Number 09C000100 6-�-02- IBC i Vacw ova 1 Check Number 0050911057 Check Date 08/20/10 Invoice Date Co Lot Lot Address Opt Aoct Cat Acct Cat Description Amount 2290727521220 09/1 7/1 W61 10 14 Recortling Fees 5 . CV. SCANNED **** TOTAL **** so. 00 4916323 0 August 13, 2010 CITY OF CHA NSEN Jason Wedel 7700 Market Boulevard Director of Land - Minnesota Division PO Box 147 12701 Whitewater Drive, Suite 300 Chanhassen, MN 55317 Minnetonka, MN 55343 Re: Vacation of Trail Easement — The Arbors Administration Planning Case 2007-02 Phone:952.227.1100 Fax:952.227.1110 Dear Mr. Wedel: Building Inspections Phone.952.227.1180 This letter is to confirm that on August 9, 2010, the Chanhassen City Council Fax:952.227.1190 approved a resolution vacating a ten -foot wide trail easement per Document Number 165683 on Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, The Arbors. Engineering Phone:952.227.1160 In order to finalize the vacation, the Council resolution must be recorded at Fax:952.227.1170 Carver County. There is a $50.00 recording fee due payable to the City of Fiance Chanhassen at your earliest convenience to record the document. Upon execution Phone.952.227.1140 of the resolution, the City will submit the document to Carver County for Fax:952.227.1110 recording. Park & Lecreation If you have any questions or need additional information, please contact me at Phone:952.227.1120 (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Fax: 952.227.1110 Recreation Center Sincerely, 2310 Couher Boulevard Plrone:952.227.1400 CITY911CRANHASSEN Fax: 952.227.1404 Planning & Natural Resources Phone: 952227.1130 Robert Generous, AICP. Fax:952.227.1110 Senior Planner Public Works ec: Kate Aanenson, Community Development Director 1591 Park Road Todd Hoffman, Parks & Recreation Director Rue:952.227.1300 Steve Lenz, Engineering Tech III Fax: 952.227.1310 Senior center glengxvacatim\lhe arbors - pc 07-Mrail easementslappmval ImuAoc Plane: 952,227.1125 Fax: 952.227.1110 Web Site wnv uchanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 9, 2010 RESOLUTION NO: 2010-70 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is being requested to vacate trail easements within the underlying parcels of The Arbors development (Pulte Homes of Minnesota) consisting of a ten -foot wide trail easement per Document Number 165683 on Lots 1, 8, 9, 10, 11,12, and 14, Block 1, The Arbors; and WHEREAS, the existing trail easement to be vacated was granted to the City in 2007 by Document Number 165683; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of West 78°i Street, which includes the construction of a five-foot wide concrete sidewalk on the north side; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of Dogwood Road. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating The Arbors trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9d' day of August, 2010. A75 Tod Gerhardt, Cityanger Thomas A. Furlong, Mayor YES NO ABSENT Furlong McDonald Ernst Tjomhom Utsey SCANNED r1 is VACATION DESCRIPTION That part of Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, THE ARBORS, Carver County, Minnesota, described as follows: The northerly 10.00 feet of said Lots 1, 8, 9, 10, and 11, Block 1, and the easterly 10.00 feet of said Lots 11, 12, and, 14, Block 1. (Said Description is a portion of Doc. No. 165683) . Chanhassen City Councilqugust 9, 2010 E 0-7-0z Vo-(� b. Resolution #2010-68: Medical Arts Parking Rehab Project 10-05: Call Public Hearing for Assessments. C. Approve Code Amendment to Section 4-30(5), Sewer and Water Fees. d. Resolution #2010-69: Red Cedar Point Project 10-OIB: Accept Plans and Specifications; Authorize Ad for Bid. f. Approve Amendment #1 to Water Tower Antennae Agreement for the Purposes of Installing a C1earWire WiMax Antennae on the Downtown Water Tower; Nextel West Corporation. g. Table Severe Weather Policy Governing City of Chanhassen Owned and/or Operated Outdoor Recreational Facilities. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: THE ARBORS, CONSIDER VACATION OF TRAIL EASEMENT. Todd Hoffman: Thank you Mayor and members of the City Council. The Arbors is a plat as you know that is west of the church on West 78t° Street down near Dogwood Road. The original, there was a lot split on the lake. That lot split was divided. The City requested a trail easement along Dogwood Road which is now Dogwood Road. The property owner did not want to grant that trail easement at that time. This is some years ago. Probably close to 20 years ago. So there was a trail easement that was taken around the exterior of the property at that time and continue down this side. Now that Dogwood Road has been constructed and there's a sidewalk along that public street, there's no longer any need for this trail easement and it just really mixes up the titles on these properties and so it's been the property owner's request to remove that and we agree with that. Staff agrees with that. Mayor Furlong: Questions for staff. Mr. Hoffman, the question, the Dogwood Road right now there is a, did you say there is a trail or? Todd Hoffman: There's a sidewalk on the other side. Mayor Furlong: A sidewalk on the north side of Dogwood? Todd Hoffman: East side. Mayor Furlong: Okay. And then is there a sidewalk as well on the West 78'" street there? Todd Hoffman: I believe there is, yes. Mayor Furlong: There is? Okay. SCANNED Chanhassen City Council - August 9, 2010 • Todd Hoffman: The trail ends back farther to the east and then it continues as a sidewalk. Mayor Furlong: So then somebody using the sidewalk could stay on West 78`s and then stay on Dogwood... Todd Hoffman: Correct. Mayor Furlong: Alright. Thank you. Any other questions for staff? Mr. McDonald. Councilman McDonald: I've got a question. Was the trail ever developed or is it just an easement or is there anything else we have to do as part of the vacation? Todd Hoffman: No. The trail was never developed. It's actually, it's only a 10 foot wide. Normally we get 20. We would never develop a trail, it's not very common in a 10 foot easement so there's no improvements within that easement. Councilman McDonald: Okay. That's all I have. Mayor Furlong: Thank you. If there are no other questions for staff I'll open up the public hearing and invite any interested party to come forward and address the council on this matter. Please. If you could state your name and address for the record. Jason Wedel: Good evening Mayor, members of the council. My name is Jason Wedel and I'm with Pulte Homes, the applicant for tonight. Really don't have anything to add other than it's really, the vacation of the easement came up when we did our title search and it was really just to clean up the property records so that as we begin to sell homes out here, people would understand you know what easements are necessary on the property and the trail easement could have potentially caused some confusion if they thought a trail might be coming or in the future or not and it would impacts on our home buyers so we wanted to clear that up. Mayor Furlong: Okay. Very good. Any questions for the applicant? Okay, thank you. Jason Wedel: Thank you. Mayor Furlong: Appreciate you being here. Anyone else that would like to speak on this matter? If not then without objection we'll close the public hearing and bring it back to council for discussion and action. Is there any discussion? If not, would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the resolution vacating the trail easement within the Arbors plat. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. 9 Qi,wugsa Chanhassen City Councilugust 9, 2010 • Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-70: Councilwoman Ernst moved, Councilwoman Tjornhom seconded to approve the resolution vacating the trail easement within The Arbors plat. All voted in favor and the motion carried unanimously with a vote of 4 to 0. _PUBLIC HEARING: FOX HILL, CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENTS. Paul Oehme: Thank you Mayor, City Council members. The applicant for this development has requested the lot line within the Fox Hill plat be relocated and subsequently drainage utility easements along the side yards also will need to be adjusted for that request. The development, Fox Hill is located just off of 101 in the northeast corner of the city. It's a 3 lot development just south of Fox Hollow Drive. The easements in question are shown here in yellow are currently proposed easements to be vacated along both along the property lines of Lots 2 and 3 and the proposed easements to be dedicated are shown in the green here and the red lines here are showing the new property line. The new drainage and utilities will be dedicated in conjunction with this vacation if it moves forward. Gopher State One has also been called out to locate any potential existing utilities along these property lines or what's in these easements and none have been located so staff is in support of vacating the easements at this time in conjunction with dedication of drainage and utility easements along the future property lines so with that if council has any questions I'd request that a public hearing be open at this time. Mayor Furlong: Okay, thank you. Questions for staff? Just one point of clarification with regard to the picture up here on the screen. The dashed lines, is the inside of that, is that where we consider the buildable area of the lot? Paul Oehme: Yes. Kate Aanenson: That's correct. Mayor Furlong: Do they represent other easement or setback requirements? Paul Oehme: What's just shown here is the easements along the exterior of the property lines and there's also a drainage utility easement down here and likewise for the entrance drive there is also. Kate Aanenson: Yeah, that's a private street. That's why it looks a little different. Mayor Furlong: Alright. Thank you. Very good. Any other questions for staff? Councilman McDonald. Councilman McDonald: I was just going to ask did they redraw the lot lines or something? Why are we so far off on it? CITY OF 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone, 952.227.11 BO Fax: 952.227,1190 Engineering Phone 952.227.1160 Fax: 952.227.1170 Finance Phone:952.227.1140 Fax:952227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 9, 2010 Q SUBJ: Planning Case File No. 07-02: Vacation of Trail Easement PROPOSED MOTION "The Chanhassen City Council approves the resolution vacating the trail easement within The Arbors plat." City Council approval requires a majority vote. EXECUTIVE SUMMARY Pulte Homes has requested that the following be vacated on the property within The Arbors: a) Ten -foot wide trail easement per Document Number 165683 on Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, The Arbors. There are no trails within the easements that are proposed to be vacated. BACKGROUND The 10-foot wide trail easement was granted to provide for future trail connections in the area. The trail easement will not be necessary since The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of West 78"Street, which includes the construction of a five-foot wide concrete sidewalk on the north side. Pulft Works DISCUSSION 1591 Park Road Phone:952.227.1300 The Park and Recreation Department supports the vacation of a 10-foot trail Fax:952,227,1310 easement recorded against Lots 1, 8, 9, 10, 11, 12 & 14, Block 1 of The Arbors subdivision. This easement was originally acquired to ensure that a contiguous Senior Center trail alignment was available prior to extension of Dogwood Road. Now that PFax:952.2227110 Fax: 952.227.1110 Dogwood Road has been extended as a public right-of-way, the subject trail easement is no longer needed. Web Site www.ci.chanhassen. mn.us 171aYnassen is a Canmeily for Ule - Providing forToday and Planning la Tomorrow Todd Gerhardt The Arbors Trail Easement Vacation August 9, 2010 Page 2 RECOMMENDATION Staff recommends approval of the easement vacation resolution. ATTACHMENTS 1. Easement Vacation Resolution. 2. Easement Vacation Sketch. 3. Development Review Application. 4. Letter from Jason C. Wedel, P.E., Pulte Homes of Minnesota to Bob Generous dated 7/9/10. 5. Public Hearing Notice and Mailing List. g: eng\vacations\the arbors - pc W-02\trail easements\8-9-10 cc memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 9, 2010 RESOLUTION NO: 2010- MOTION BY: SECONDED BY: A RESOLUTION VACATING TRAIL EASEMENTS IN THE ARBORS PLANNING CASE FILE NO.07-02 WHEREAS, the City of Chanhassen is being requested to vacate trail easements within the underlying parcels of The Arbors development (Pulte Homes of Minnesota); and WHEREAS, the existing trail easement to be vacated was granted to the City in 2007 by Document Number 165683; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of West 78a' Street, which includes the construction of a five-foot wide concrete sidewalk on the north side; and WHEREAS, The Arbors final plat dedicated a 60-foot wide right-of-way for the construction of Dogwood Road. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating The Arbors trail easements described above and as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 91s day of August, 2010. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT gAengWacationAthe arbors - pc 07-02\trail easemenu\resolution.doc VACATION DESCRIPTION That part of Lots 1, 8, 9, 10, 11, 12, and 14, Block 1, THE ARBORS, Carver County, Minnesota, described as follows: The northerly 10.00 feet of said Lots 1, 8, 9, 10, and 11, Block 1, and the easterly 10.00 feet of said Lots 11, 12, and, 14, Block 1. (Said Description is a portion of Doc. No. 165683) SCANNED ,oerno 12uurlwm .0 L S, c� Q I AI ImiA %, ,A^Cl 0 • CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: 1PuI+C i-lo~ S 1270t Wii4cwAk 6,, MN 55-3`13 Contact: tnledc t Phone: 95a-4t2-5vrs Fax:9ss-`i36-��, Email: �`„ _ wcdet ul{e�ruuD. w Planning Case No..P1OC1_7--0a vo-cn-hon =try OF CHANHASSEN RECEIVED JUL 0 9 2010 CHANHASSFN' 0, Property Owner Name and Address: 5gn.tE AS taPPu�aN Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost** - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 3Uo cep CK*'50A 1 uvY/-- 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. *Five (5) 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: I he — LOCATION: LEGAL DESCRIPTION AND PID: 11 %, 9 lo,e l (I 0 0 )Ll K I oc.< IV- At -bets -250-S9cc 10. �5059 00450, �15052WIO :250310100, l 50590110 i of ui3� 1505`10! ` O TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: )d )5 OL"r 4-h,,k 41xc G,44 ejorS hog{" in-l[n,� -4-c) but/� tz Irc,J Li,-0i-}ZIi.S (f kne,--E. -arrc(octi,t.ut'. would (lly-e -k) c-lec-n Lt 41,e-SC /O(}'jl TIVIII 9 Y' 71L apf(SPY G-kii/c-t kil.rw— 4 L rcrnpvec�. FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. —T/,1ro Date -7 / , Date SCANNED gAplan\fom \developwnt review application.doc 9 • *PulteGroup July 9, 2010 CITY OF CHANHASSEN RECEIVED City of Chanhassen JUL 0 9 2010 Attn: Bob Generous 7700 Market Boulevard CHANHASSEN PLMINING DEPI PO Box 147 Chanhassen, MN 55317 Re: The Arbors — Vacation of Trail Easement Dear Mr. Generous: Pulte Homes recently purchased 16 lots located within The Arbors subdivision. These lots are Lots 1-3, 5-14 Block 1 and Lots 1, 2, & 4, Block 2. Upon reviewing the title information associated with these lots it was discovered that a trail easement was recorded against Lots 1, 8, 9, 10, 11, 12 & 14, Block 1. After discussing the purpose of this trail with Todd Hoffman, Park and Recreation Director for the City of Chanhassen, it was determined that the trail easement is no longer required. We are therefore requesting the vacation of this easement to clean up the property records for the affected lots. Enclosed is an application requesting the vacation of the trail easement along with a check in the amount of $300 to cover the required application fee. If you have any questions or require additional information, please do not hesitate to contact me at 952-912-5465 or iason.wedelgr)ultegroup.com. Sincerely, Pulte Homes of Minnesota Xn C. Wedel, P.E. Dctor of Land Enclosures 12701 Whitewater Drive, Suite 300 Minnetonka, Minnesota 55343 952.936.7833 pultegroupinccom ftAR11n 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 July 22, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Vacation of Trail Easements in 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 sworn to before me thiQaP Jday of ak , 2010. Notary Pu lic Kay n J. E gel ardt, uty Clerk KIM T. MEUWISSEN Notary Public -Minnesota My Commm&,on Eros JYn 31, 2015 Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, August 9, 2010 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Trail Easements - Planning Case File No. 07-02 Applicant: Pulte Homes Address/ Location of Lots 1, 8, 9, 10, 11,12 & 14, Block 1, The Arbors Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right-of-way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 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 Robert Generous at 952- & 227-1131 or e-mail Comments: bgenerous@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 July 22, 1010. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, August 9, 2010 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of Trail Easements - Planning Case File No. 07-02 Applicant: Pulte Homes Address/ Location of Lots 1, 8, 9, 10, 11,12 & 14, Block 1, The Arbors Proposal: A location map is on the reverse side of this notice A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the mr meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions Friday. Please contact Robert Generous at 952- & 227-1131 or e-mail Comments: bgenerous@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 July 22, 1010. ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331-8013 CHARLES H NEWELL III 7550 DOGWOOD RD EXCELSIOR MN 55331-8053 JOHN & JOYCE FOLEY 4804 DUNBERRY LN MINNEAPOLIS MN 55435-1537 MINNESOTA ST HORTICULTURAL U OF M RM 1 HORTICULTURE BLDG ST PAUL MN 55108-5108 REGENTS OF UNIV OF MINNESOTA 319 15TH AVE SE 424 DON HOW E B MINNEAPOLIS MN 55455-0118 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR MN 55331-8044 BRIDGEWATER BANK 3800 AMERICAN BLVD W STE 100 BLOOMINGTON MN 55431-4416 DANIEL D & AMY R GETSCH 1069 DORLAND RD MAPLEWOOD MN 55119-3576 JOHN H GETSCH 5 HAZELTINE EST CHASKA MN 55318-1039 PETER T & DEANNA O BRANDT 7570 DOGWOOD RD EXCELSIOR MN 55331-8053 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331-8015 CARLSON ARBORS DEVELOPMENT LLC 6393 HIGHWAY 7 ST LOUIS PARK MN 55416-2346 JECW F TRUST 18020 ZUMBRO AVE SHAKOPEE MN 55379-9182 MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331-8053 PETERSON REVOCABLE TRUST 3301 TANADOONA DR EXCELSIOR MN 55331-8048 SCC FUNDING I LLC 3535 PLYMOUTH BLVD #211 PLYMOUTH MN 55447-1386 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 08/03/2010 2:04 PM Receipt No. 0134327 CLERK: katie PAYEE: PULTE HOMES OF MN CORP PO BOX 3660 PORTLAND OR 97208 Planning Case 2007-02 ------------------------------------------------------- GIS List 48.00 Total 48.00 Cash 0.00 Check 0050910851 48.00 Change 0.00 SCANNED CITY OF CHANHASSEN Vendor Number 09C000100 Check Number Check Date 0050910851 07/28/10 Invoice Date Co Lot Lot Address Opt I Catt Acct Cat Description Amount 207081425713 7/26I10 4921 00001 00001 10202 Legal Fees 4+ .... .,"D **** TOTAL **** 4e. 00 4916258 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Hof (952) 227-1100 NMI To: Mr. Jason Wedel Pulte Homes 12701 Whitewater Drive, Suite 300 Minnetonka, MN 55343 Invoice Re: The Arbors Trail Easement Vacation Request SALESPERSON DATE TERMS KTM 7/22/10 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 16 Property Owners List within 500' of Lots 1, 8, 9, 10, 11, 12 & 14, Block 1, The Arbors (16 labels) $3.00 $48.00 TOTAL DUE $48.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for August 9, 2010. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2007-02. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED Affidavit of Publication CITY OF CHANHASSEN Southwest Newspapers CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING VACATION OF TRAIL State of Minnesota) EASEMENTS -'NOTICE IS HEREBY GIVEN )SS. that the Chanhassen City Council will hold a public hearing on County of Carver ) Monday, August 9, 2010, at 7:00 p.m - in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose ofu this is to consider thof Laurie A. Hartmann, beingdulysworn, on oath says that she is the publisher or the authorized the Pulthearing ota for Homes of Minnesota for the agent of the publisher of te news known Chaska Herad and the Chanhassen Vil- g P PaP� vacation of trail easements in The vaca lager and has full knowledge of the facts herein stated as follows: Arbors, Planning Case File No. 07- 02. (A) These newspapers have complied with the requirements constituting qualification as a legal Alegaldescriptionanddrawing newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as of the proposed vacation area are amended available for public review at City Hallduringregular businesshours. O A U All interested persons are (B )The printed public notice that is attached to this Affidavit and identified as No. invited toattendthispublichearing was published on the date or dates and in the newspaper stated in the attached Notice and said and express their opinions with Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of respect to this proposal. the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Robert Generous, Senior Planner inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Phone: 952-227-1131 and publication of the Notice: (Published in the Chanhassen Villager on Thursday. July 22, 2010; abcdefghijklmnopgrstuvwxyz No. 4400) Laurie A. Hartmann Subscribed and swom before me on this � day of 2010 JYMME J. BARK (� n/Cl� NOTARY PUBLIC - MINNESOTA ^gym/ 1 � My Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... S31.20 per column inch Maximum rate allowed by law for the above matter.. . .............................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING VACATION OF TRAIL EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 9, 2010, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request of Pulte Homes of Minnesota for the vacation of trail easements in 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. Robert Generous, Senior Planner Phone: 952-227-1131 (Publish in the Chanhassen Villager on July 22, 2010) gieng\vacations\the arbors - pc 07-02\6ail mements\ph notice to villager.doc SCANNED 0 MEMORANDUM TO: Bob Generous, Senior Planner Cl l 1p�1p F nn A IT" I nnnt.i > FROM: Todd Hoffman Park & Recreation Director 7700Market Boulevard DATE: July 14, 2010 PO Box 147 Chanhassen, MN 55317 SUBJ: The Arbors Trail Easement Vacation Request Administration The Park and Recreation Department supports the vacation of a 10-foot trail Phone:952.227.1100 easement recorded against Lots 1, 8, 9, 10, 11, 12 & 14, Block 1 of The Arbors Fax: 952.227.1110 subdivision. This easement was originally acquired to ensure that a contiguous Building Inspections trail alignment was available prior to extension of Dogwood Road. Now that Phone:952.227,1189 Dogwood Road has been extended as a public right-of-way, the subject trail Fax:952.227.1190 easement is no longer needed. Engineering g:\eng\vacations\the arbors - pc 07-02\trail easements\park & rec director memo.doc Phone: 952.227,1160 Fax: 952.227.1170 Roane Phone:952,227.1140 Fax: 952.227.1110 Park & Remation Phase: 952.227.1120 Fax: 952.227.1110 Reacetion Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Naknal Resources Phone: 952.227.1130 Fax: 952.227.1110 Pudic Works 1591 Park PAW Phone: 952,227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Qwtk seen is a Cammrrdy for Ule - Providing for Today and Planning for Tomorrow SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 07/13/2010 3:23 PM Receipt No. 0132893 CLERK: katie PAYEE: Pulte Homes Planning Case 2007-02 Vacation File ------------------------------------------------------- Use & Variance 300.00 Total 300.00 Cash 0.00 Check 0050910686 300.00 Change 0.00 SCANNED �te `-' O9l� • CITY OF CHANHASSEN Vendor Number 09C000100 Check Number Check Date 0050910686 07/06/10 Invoice Date Co Lot Lot Address Opt Acct Ca Acct Cat Description Amount 18208271652 O]I01 0 0001 Preacquisition Land Costs 300. 00+ CITY OF CHANHASSEN RECEIVED JUL 0 9 2010 CHANHASSEN PLANNING DEP" SCANNED * * * * TOTAL * * * * Sao. 00 2 0 6 P E45fM Nf p R po 4C c65681 No 61, J COMMUMTY ct, ,w�oM MIestwow 1UL14Q �;pIa.SO wa�rmMmn e \\\\ 9 oT— ll 10 I / \ 10' PEDESTRIAN MAIL I J ny, As 1 EASEMENT PER DOC 'c0 NO 165663 7 4 1--------- 5 VACATION DESMP77ON That Port of Lots 1, d 9, 10, 11. 1Z wd 14, Block 1, ME ARBORS, Carver County, Minnesato, described as lellose The norlhedy MOO Nst of said Lots 1, 6, 9. 10. wd 17, Black I, and the sastefy 10.00 feel of sold Lots II, I$ and, 14. Block I, (Said DescNpBon is o portlw of Doc. Na. 165683) CITY OF RECEIVED SSEN JUL 0 9 2010 CHANHASSEN PLONING DEPT F- EASEMENT TO BE VACAMD PART 00' DOC. NO. 165663 U 12 ,�Q � ri / I Jl '-7 / 4 / \ wm 7/6/10 S MOT C l l _� 87-N mloveaesol.e. Prcp�ad for, Pulte Homes The Arbors Easement Vacation �.. a,,,e, Mad,177m wnn�waar D—, style Sao Sketch see oar wrr Minnetonka, MN 55.10.1 GenAueen. Mlnnaom 0 F-I L SCANNED