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CAS-03_VACATION OF DRAINAGE & UTILITY EASEMENTSCITY OF CHMNSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 : 952.227.1110 Build gInspections The contents of this Phone: 952.227 1180 Fax: 952.227.1190 Engineering file have been Phone: 952.227.1160 Fax: 952.227.1110 Finance PFax:955227.1110 scanned. Do not Fax: 952.221.1110 Park & Recreation Phone: 952.227 1120 Fax 952.227 idle add - anything to it Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227 1404 NatuPlaning & ralReources unless it has been Phone. 952.227.1130 Fax: 952.227.1110 Public Works scanned,, 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.achanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gwal place to live, work, and play. • 0 CAMPBELL KNUTSON Professional Assedalon Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651) 452-5550 FILMG OF DOCUMENTS TO: COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign this form upon assigning document numbers for the documents listed below and return completed form to SUE NELSON at the Chanhassen City Attorney's office at the address shown above. A self-addressed envelope is provided foryour convenience. () -CO I A� 2 oo-1- 03 PC -0 CLIENT/MATTER: CITY OFCHANHASSEN-Fox Him ADMMSTRATIVESURDPaSION Property Owner: SCC Funding I, LLC Legal Description: Lots 1, 2 and 3, Block 1, Fox Hill THE FOLLOWING DOCUMENT(S) Abstract Torrens WERE FILED: Document No. Document -i1 1) Resolution 2010=7 Vacating D&U Easements 2) Quit Claim Deed 3) Grand of Permanent D&U Easement 4) 5) 6) 7) at Q 'clock A.M ou 7-3 —(a 2010, with the County Recorder of Carver County, MN. SIGNED: 7iankyon! Nease- a63 Call r -p— wig 4he- aOC1&r.er4_ r\UML3'F-rs 153463 �ue�%i�s arm gr.pNNED 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 0 LETTER OF TRANSMITTAL DATE JOB NO. 8/26/10 10-01 Admin Sub ATTENTION Sue Nelson RE: Document Recording for Fox Hill M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/26/10 10-01 Quit Claim Deed Fox Hill Administrative Subdivision 1 8/9/10 07-03 Resolution 2010-71 Vacating Fox Hill Drainage & Utility Easements 1 7/7/10 Grant of Permanent Drainage & Utility Easements in Fox Hill ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return E For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints REMARKS Sue - Please expedite the recording of these documents and email Sharmeen AI-Jatf at saljaff@ci.chanhassen.mn.us with recording information. COPY TO: Pat Hiller, Source Construction Capital Alyson Fauske, Asst. City Engineer Fox Hill Planning Case File 2007-03 (Vacation) SIGNED SCANNED If enclosures are not as noted, kindly notify us at once. 0 0 QUIT CLAIM DEED Limited Liability Company to Limited Liability Company No ddirpuent uses end transfer entered; Cmfiute of Real Ewau Value( )MM( )notrequirdCertifuuof Reel Esute Value No, 20 County Auditor 6y STATE DEED TAX DUE HEREON: $ Date: .2010 FOR VALUABLE CONSIDERATION, SCC Funding 1, LLC, a limited liability company under the laws of Delaware, Grantor, hereby conveys and quit claims to SCC Funding 1, LLC, a limited liability company under the laws of Delaware, Grantee, real property in Carver County, Minnesota, described as follows: See Exhibit A attached hereto together with all hereditaments and appurtenances belonging thereto. Total consideration is less than $500.00. Affix Deed Tax Stamp Here STATE OFNAtvV� ) ah )ss. COUNTY OF wyv) SCC Funding I, LLC, a Delaware limited liability company By: Its: C4=0 The foregoing insttglment was acknowledged before me t 7 day of ZW 2010 by Pdi NGKQ•4i1�lCV the �IPJF:tYt'dMC-A3 C, �f SCC Funding 1, LLC, a limited liability company under the laws of the Delaware, on behalf of said entity, Grantor. MELINA MARA BARON Vt�,t N/1 a A�� Notary Fvagc Minttesola Notary Public My ssionEwuas January 31.2013 THIS INSTRUMENT WAS DRAFTED BY: Wilkerson & Hegna, P.L.L.P. 7300 Metro Blvd., #300 Edina, MN 55439 Tax Statements for the real property described in this instrument should be sent to: SCC Funding I, LLC 3535 Plymouth Blvd., Suite 211 Plymouth, MN 55447 CI City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby cerfifies: (Check one of the following:) That City subdivision regulations do not appy to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: 9&6/2o 1 O By IMA bepN Cl k Printed Name 0 0 EXHIBIT A Legal Description Parcel A: Lot 1, Block t, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota, except the South 4.00 feet thereof. Parcel B: The South 4.00 feet of Lot 1, and the North 96.00 feet of Lot 2 Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota Parcel C: Lot 2, except the North 96.00 feet thereof, and Lot 3, Block 1, Fox Hill, according to the recorded plat thereof Carver County, Minnesota Exhibit B -----------1 f I _l PARCEL A v �] I ` N.. Dn1c9L Nr WW Fmneet_=, o $ NEB'4Y32'IY _- -1- Lu 8 <oe�$\S\�I SI i�SS SS SS ST Leo — i � •J, -goFe9e ma UtlYY F__ iP41 Eaemenl b a vent« ' ° I .. o i s PARCEL B I = $ I utft Emsamt { - s 1 SGr of blZ�� ma bWmttl I'Fa�nenl �• i LJ. J PARCEL C % $ , - , 1 , w a w 60 Scale Y = 30' Dale HEDLUND FOX HILL e/24/2 O PARCEL/EASEMENT EXHIBIT F ,.oma CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) 0 I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of 11 Resolution 2010-70 entitled, "Resolution Vacating Drainage & Utility Easements on Lots 1, 2, and 3, Block 1, Fox Hill, Planning Case File No. 07-03" adopted by the Chanhassen City Council on August 9, 2010, 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 sea] at Chanhassen, Minnesota, this 24th day of August, 2010. E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 9, 2010 RESOLUTION NO: 2010-71 MOTION BY: Ernst SECONDED BY: Tlornham A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON LOTS 1, 2, AND 3, BLOCK 1, FOX HILL PLANNING CASE FILE NO. 07-03 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easements on Lots 1, 2, and 3, Block 1, Fox Hill; and WHEREAS, the existing easements were granted in 2007; and NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements on Lots 1, 2, and 3, Block 1, Fox Hill as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 9a' day of August, 2010. /w i City Manager Thomas A. Furlong, Mayor YES NO ABSE Furlong Litsey Ernst McDonald Tjornhom 0 0 Fsninsc s h- 1 1 hY 1 1 IIII 1 1I !- 'ffi05 SETiYIYE _ I_ _ _ _ _ _ _ _ _ I 1 1 ` I C PARCEL A_Y- �fE = Ner Lot ONnOe mtl IXIxY Ememeot-,, t' g 1YD.LL5 NB4'4l'S2Y � -- — — _ — • = ��` i. 1 JJ c � 2�gµT owl U61pY (__ b o S o PARCEL B $ 8q � � � ��' 1 x.. o,v.�• ar mcY r:.l�a.�`` � xarn'sz'w — — S _ 1 S d d IaL R —m a 61ti,Y,e o Umty €o -�• tm�vatm I u; I i- PARCEL C 1.4 1 1 ]]0 OS N69'+1'S'1'W JO 0 30 60 Scale 1' = 30' ome HEDLUND Fox HILL 6/24/201U m "� PARCEL/EASEMENT EXHIBIT LI Easements to be Vacated All of the Drainage and Utility Easements as dedicated in the plat of Fox Hill, according to the record plat thereof, Carver County, Minnesota, described as follows: The South 4.00 feet of the North 10.00 feet of Lot 2, Block 1, in said plat, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below; and, The South 5.00 feet of said Lot 2 lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below; and, The North 10.00 feet of Lot 3, said Block 1, lying west of the East 10.00 feet of said Lot 3 and lying east of the West 5.00 feet thereof. Line A: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds East, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds East 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. SCANNED GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UT XrY PURPOSES SCC Funding I, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor", in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City of Chanhassen, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage, and utility purposes over, under, and across those parts of Lots 1 and 2, Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota, legally described on Exhibit A and depicted on Exhibit B, both of which are attached hereto and made a part of by this reference. Including the rights of the City, its contractors, agents, servants, and assigns, to enter upon said public easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage, and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage, and utility systems. The above-named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this instrument this % day of 2010. SCC FUNDING I, LLC, A DELAWARE LA ILITY COMPANY /' By: Its: CFD STATE OF 1`0 N �sDi a ) )ss. COUNTY O I ✓1 The foregoing instrument was acknowledged before me this % day of TIA 2010, by �"a� rtrl LV-- 1�illet. , theMW Ptxtit tu31 t 9't of SCC FunAing I, LLC, a Delaware limited liability company, on behalf of the company. This instrument was drafted by: WILKERSON & HEGNA, P.L.L.P. One Corporate Center III, Suite 300 7300 Metro Boulevard Edina, MN 55431 Wu,t. wv'l fin/" tr� Notary Public Exhibit A Legal Description of Easement Area The North 4.00 feet of the South 9.00 feet of Lot 1, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the East 10.00 feet of said Lot 1 and lying east of Line A described below; and The North 15.00 feet of the South 24.00 feet of Lot 2, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below. Line A: Commencing at the southwest comer of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds East, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds East 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. • Exhibit B 30 a 30 60 Scale I" = 30' VQ I FOX HILLI 6/24/2mo ..... PARCEL/EASEMENT EXHIBIT — — — — — — — — — — -- 8 8 v I c _/ PARCEL A _ - ua.m rmra•sz'r � -- g <Be�S�SI =C SS SSaST SSS —� _`_ a^d s tiu tuy Safi `L-Fes�n M1C tto ' G I o a I S PARCEL B `. u,mwe m.a iHztr �N —ma6 r S LLr of lat 2—�� :app ab WHY '=- ^9 Fern�t b tro Vaaaba I ii; a I i I8 PARCEL C = -r - 30 a 30 60 Scale I" = 30' VQ I FOX HILLI 6/24/2mo ..... PARCEL/EASEMENT EXHIBIT 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952 227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Ceift Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassennn.us 0 August 9, 2010 Pat Hiller Source Construction Capital, LLC 3535 Plymouth Boulevard Suite 211 Plymouth, MN 55447 0 Re: Easement Vacation Approval on Lots 1, 2, and 3, Blockl, Fox Hill Planning Case (Vacation) File No. 07-03 Dear Mr. Hiller: This letter is to confirm that on August 9, 2010, the Chanhassen City Council approved a resolution vacating the drainage and utility easements located on Lots 1, 2, and 3, Fox Hill. In order to finalize the vacation, the Council resolution must be recorded at Carver County which will be taken care of by this office. In addition, the City generated a list of lot owners within 500 feet of the subject area, which was required for the public hearing notice. The City charges a fee of . $3.00 per lot for this service. There were 93 property owners notified which gives a total of $279.00 (93 x $3.00). However, there was an overpayment of $350 in application fees so the City is deducting the $279 from the $350 to leave a remaining balance of $71 (check included). If you have any questions, please contact me at (952) 227-1165. Sincerely, CITY OF CHANHASSEN Alyson Fauske, P.E. Assistant City Engineer Encl. &CANNED c: Steve Lenz, Engineering Tech III g:\eng\vacations\fox hill - pc 07-03\cc approval letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Disclaimer This map is nether a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in iancus 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 free, and the City does not represent that the GIs Dala can be used for navigational. tracking or any other Purpose requiring exacting measurement of distance a directioe or precision in the depiction of geographic feaMes. If armies a discrepancies are found please contact 952-227-1164. The preceding disclaims is prodded pursuant to kennesota statutes §466.03. Subd. 21 (2000). and the use of this map acknowledges that this City shall cwt be liable for any damages, and emressly, waives all claim, and agrees to defend, indemnify. and haams sh q n all claim brought by Use, ds employees a agents, a third pa 1, .�is, , d, a use of data pnrvided. CITY OF 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 wwilib.chanhassen.mn.us 049,182036654 $ 00.440 m 07/28/2010 - Mailed From 55317 US POSTAGE* 553 NFE 1 009I 00 07/20/10 RETURN TO SENDER SANTOSKI MOVED LEFT N UNAOLETOFORWARD SS RETURN TO SENDER DC: 55317014747 *0270-00096-20-43 JOHN & LISA SANTOSKI . 19197 PLEASANTVIEW RD EDEN PRAIRIE MN 55346 i,i:i,:;•'I ,dh.I.. ol.l::;iiii,l:li:i:l,itit,i<tit ,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 Drainage & Utility Easements Planning Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill 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 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 - 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 July 22, 2010. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as ane. This map is a compilation of records, infonnallon and data located in various city, county, stale and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Oty does not wanant that the Geographic Information System (GIS) Data used to prepare this resp are enror tree, and the City does not represent that the GIS Data can be used for rsvigstional, hacking or any other purpose retuning eaading rneaaurenienl of distance or direction or precision In the depiction of geographic features. H enors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Stables §466.03, Subd. 21 (20DD), and the user of this map arlmowfedges that the Oty shall nen be liable for any damages, and eopressly waives all claims, and agrees to defend, indemnify, and hold harml9ygrhp (jgl rrpr{ar� c all claim brought by User, its employees or agents, a third parbaa ahi-G.h. 2a-Sllof8K5Sab7s9F(geeor use data provided. CITY OF 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 umnu ri rhonhoeoon — — 049J82036654 'a $ 00.440 a u 07/28/2010 Mailed From 55317 US POSTAGE. X 553 NFE 1 209I 00 07/20/10 FORWARD TIME EXP RTN TO SEND WROBLEWSKI 7256 WOODSTOCK OR BLOOMINGTON MN 55430-2367 RETURN TO SENDER L111L1f11Ih]I1111111 111fIIIL11)1111l111 111131111I111 JOSEPH & MARY WROBLEWSKI 19080 JOSEPH CURVE EDEN PRAIRIE MN 55346 0 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 Drainage & Utility Easements Planninq Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill 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 July 22, 2010. Chanhassen City Council Wgust 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 comer 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? PaulOehme: 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? Chanhassen City Council gust 9, 2010 • Paul Oehme: Yeah, well the property has changed hands now and the new housing type has required that the lot lines be shifted somewhat to accommodate those new housing type. Councilman McDonald: Okay. Mayor Furlong: So I guess for clarification, if I could Mr. Oehme, the yellow areas which represent the existing easements, those are along the existing lot lines. So as the lot lines move they want to move the easements to match the new lot lines. Paul Oehme: Exactly. Mayor Furlong: Any other questions for staff? If not, I'll go ahead and open up the public hearing and invite any interested parties to come forward and address the council on this matter. Anyone this evening? No? Seeing nobody then, without objection we'll close the public hearing and bring it back to council for discussion and action. Any comments or thoughts on this item? If not, would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I recommend to vacate a portion of the drainage and utility easements on Lots 2 and 3, Block 1, Fox Hill as shown on the attached survey prepared by Hedlund Engineering subject to recording of the lot line adjustments and recording the new drainage and utility easements. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjomhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-71: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve to vacate a portion of the drainage and utility easements on Lots 2 and 3, Block 1, Fox Hill as shown on the attached survey prepared by Hedlund Engineering subject to recording of the lot line adjustments and recording the new drainage and utility easements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST TO AMEND STIPULATION AGREEMENT TO ALLOW ELECTRONIC MESSAGE CENTER, HALLA NURSERY. Kate Aanenson: Thank you Mayor, members of the City Council. Mr. Halla is requesting an amendment to a Stipulation Agreement that was entered with the City on February 10, 1997. In that Stipulation Agreement it states that a resolution must be approved by the City Council on a request from the owner to have any amendments to the Stipulation Agreement. Attached in your staff report is the original Stipulation Agreement so I'll go through exactly what that request involves. But based on that Stipulation Agreement there was an agreement to place an off premise non -illuminated directional sign on the southeast quadrant of that intersection and the said sign could not exceed 8 feet in height and 72 square feet per sign. Per face of that sign. It o3Ka" 6 ' • • 3 ----------- I MEMORANDUM Phone: 952.227.1125 1 CITY OP TO: Paul Oehme, Director of Public Works/City Engineer ClltfllillfJSEN FROM: Alyson Fauske, Assistant City Engineer 01- 7700 Market Boulevard DATE: August 9, 2010 0 PO Box 147 2. Drawing and legal description of right of way vacation Chanhassen, MN 55317 SUBJECT: Easement Vacation on Lots 2 and 3, Block 1 Fox Hill, Planning Case File No. 07-03 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227, 1180 Fax: 952.227.1190 Engineering Phone: 952.227.1100 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park 8 Rdxeation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 8 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 PROPOSED MOTION "The City Council is recommended to vacate a portion of the drainage and utility easements on Lots 2 and 3, Block I Fox Hill as shown on the attached survey prepared by Hedlund Engineering, subject to recording of the lot line adjustments and recording of the new drainage and utility easements. City Council approval requires a simple majority vote of the City Council present. The applicant has requested that the lot lines within the Fox Hill plat (shown in grey) be adjusted to accommodate a typical home style. The lot line changes (shown in red) require - - the vacation of a - portion of the easements (shown in tug yellow), which were dedicated with the Fox ; Hill plat in 2007. �f Additional drainage and utility easements (shown in green) will be recorded simultaneously with the lot line adjustments and if approved, the easement vacation. ^JA HOL: VY Gopher State One Locates show ----------- I - �� Phone: 952.227.1125 1 Fax: 952.227.1110 Attachments: Web Site / a A www.a.chanhassertmn.us 2. Drawing and legal description of right of way vacation / r V / I G:\ENG\Vacations\Fox Hill - PC 07-03\08-09-10 CC memo.docx e: r 1 .r z I runs e I i 1 _ N_ I I z L— Key to Fig` Grey: Platted lot lines Red: Proposed lot lines Yellow: Proposed easement vacation Green: New easements to be dedicated Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Gopher State One Locates show Senior Carter that there are no utilities within the Phone: 952.227.1125 proposed easement vacation area. Fax: 952.227.1110 Attachments: Web Site 1. Application www.a.chanhassertmn.us 2. Drawing and legal description of right of way vacation 3. Notice of Public Hearing/Affidavit of Mailing 4. Plat G:\ENG\Vacations\Fox Hill - PC 07-03\08-09-10 CC memo.docx Key to Fig` Grey: Platted lot lines Red: Proposed lot lines Yellow: Proposed easement vacation Green: New easements to be dedicated Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317-(952)227-1100 DEVELOPMENT REVIEW APPLICATION Wem irg•6ese• No. OLO ly—O \ l�dmin scab Appf ant Name and Address: Pro e�dy( �Ow�r rN�me and Address: Ou.✓tc 5,4 i 41 /-Lc-, p 7�L /'uhG��N Z L4 -C. 3535 mo )v %4 741 535^8� 4 v k4 211 ti'` La,w�o% N 7 lywt.�� riIN 57497 Contact N Htll� Contact: I'^+ i ti Phone: W 551 -woo Fax: 03).55 t -d45 Phone: (a 551-o too Fax: 1L5 S51 - g449 Email: Ufa Sovece- cc. co^ Ema50lutcE-Cc.cow� 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" A c1nnlvl . ISO 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) 00 X EscLow for Filing Fees/Attomey Cost" 15 d -150)DUP/SPRNACNAR/WAP/Metes 8 Bounds - $450 Minor SUB TOTAL FEE $ U -nn C;L.) 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 pians 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. 0 40 SCANNED PROJECT N LOCATION: LEGAL DES TOTAL ACREAGE: WETLANDS PRESENT: 1 1YES X NO ` PRESENT ZONING �e S O{ 1 l tG I �i \ �I P t I� 1 REQUESTED ZONING: K e'6t deal -F t \ J\el \ e k Ol h t lvV qq PRESENT LAND USE DESIGNATION: / 01J LDeA S' ( e i cLi i A J REQUESTED LAND USE DESIGNATION: DW bbl S, �2S } Evt REASON FOR REQUEST:��CL\1 +M 6 Dt-\��F.1-e c t) l6 ke. S�'l �+ S 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 understand that additional fees authorization to proce�d wiVytF� my knowledge. , / // Signature of gAplanlfo \dmlopm tmvic applicationAm dlines for submission of material and the progress of this application. 1 further charged for consulting fees, feasibility studies, etc. with an estimate prior to any The documents and information I have submitted are true and correct to the best of r -I L JWAC- 73� ZJ Date JUntr Z8 ZQ/o Date J SCANNED 0 Exhibit A Legal Description of Easement Area The North 4.00 feet of the South 9.00 feet of Lot 1, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the Fast 10.00 feet of said Lot 1 and lying east of Line A described below, and The North 15.00 feet of the South 24.00 feet of Lot 2, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below. Line A: Commencing at the southwest comer of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds East, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds East 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. 0 Exhibit B 30 0 30 60 Scale 1' = 30' Oo[e HEDLUND FOX HILL 0/24/2010 PARCEL/EASEMENT EXHIBIT — — — — — — — — — — -- �, le PARCEL A W / New Let tlne—,\ j `Ner e atlky Eemwnt��\ o� I H 220.05O.05 9'4 NB1'S2<Y/ �• � — _\� � �` e \ �S.�mFy�\$\I SI LC SSSS LT SS LTA < j qy^m S 4 o1 =-qrusny aT9l Eoeem.ail tW o M VecalM H r ' PARCEL B I = \\ I Et. I •� 1 Nsr DraFoge and 0UK, ' \ . zn� J 22605 N89'41'SYW , _ "Y — 1 1 ' S One of lvt 2-� ��OmFaOe and U19ay � o E2eemant b b Vaovtae I n'e I Ll� PARCEL C 22605 Nn'41'52'W 30 0 30 60 Scale 1' = 30' Oo[e HEDLUND FOX HILL 0/24/2010 PARCEL/EASEMENT EXHIBIT 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 July 28, 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 Proposed Vacation of Drainage & Utility Easement on Lots 1, 2, and 3, Block 1, Fox Hill, Planning Case File No. 07-03 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�Nay of- i —12010. Public 0 JEAN M. STECKLING Notary Public -Minnesota My Commission Ezpim Jan 31, 2014 0 Disclaimer This map is neither a legally recorded map nor a survey and Is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is fo 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 Gee, am the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If emors or discrepancies are found please contact 952-227-1164. The prewding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall net be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harMass the City from any and all claim brought by User, its employees w agents, w third parties which arise out of the users access or use of data provided. Disclaimer This map is neither a legally, recorded map r a survey antl is net intended to be used ss one. This map is a compilation of records, information and data located to vaiaus city, county, slate and federal offices and other sources regarding Me area shown, am is fo 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 Gee, antl the City does net represent that the GIS Data can ba used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If enors or discrepancies are found please contact 952-227-1164. The preceding disdaimer is provided pursuant to Minnesota Statutes §466.03. Soon. 21 (2000), and the user of this map acknowledges that the City shall net be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hdtl harmless the City from any and all dairue brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, August 9, 2010 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Drainage & Utility Easements Planning Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill 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 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 July 22, 2010. 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 Drainage & Utility Easements Planning Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill 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 e 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 - 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 July 22 2010. JASON P & TONIA R ASHLINE CLAUDIA M STEPHAN ORHAN A & PATRICIA 1 UNER 10 FOX HOLLOW DR 100 FOX HOLLOW DR 110 FOX HOLLOW DR CHANHASSEN, MN 55317-9252 CHANHASSEN, MN 55317-9254 CHANHASSEN, MN 55317-9254 RICHARD A& RHONDA G HERR KEVIN & CHERYL PETERSON ROBERT & EDNA PETERSON 120 FOX HOLLOW DR 150 BLUFF RIDGE CT 160 BLUFF RIDGE CT CHANHASSEN, MN 55317-9254 CHANHASSEN, MN 55317-9251 CHANHASSEN, MN 55317-9251 E H & P M SCHAEFER JAMES & CHERYL GAEBEL KAKIT CHEUNG & XIAOMAN LI 19044 JOSEPH CURVE 19056 JOSEPH CURVE 19068 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 JOSEPH & MARY WROBLEWSKI SUYING CHEN & SHIRLEY CHEN M A PETERSON & L M PETERSON 19080 JOSEPH CURVE 19092 JOSEPH CURVE 19104 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 ROBERT & TRACY PETERSON DUNG T & TRI D NGUYEN DIAN M & TERRANCE 1 REINKALL 19107 JOSEPH CURVE 19116 JOSEPH CURVE 19119 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 CHRISTOPHER & ROXANNE COTE JEFFREY & SAMANTHA SCHMIDT MARY JOAN GRIFFITHS 19127 BROADMOORE DR 19128 BROADMOORE DR 19128 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDWARD L & JOAN L BECKER MARIA TWIGG CHRISTIAN S VITALE 19131 JOSEPH CURVE 19140 JOSEPH CURVE 19143 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN SS346 EDEN PRAIRIE MN 55346 ELIZABETH J BANK JOHN ERVIN IVERSON PATRICK J & JOY D SHEEHAN 19151 BROADMOORE DR 19152 BROADMOORE DR 19152 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 DAVID C & KELLY S SCHACHT D 1 LHOTKA/L R THOMPSON SCOTT R & DEBORAH L STEVENS 19155 JOSEPH CURVE 19158 JOSEPH CURVE 19164 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 MICHAEL G & JEAN M NEILL KIRK MARSH DUWAYNE A & ANN E BRANDT 19170 JOSEPH CURVE 19175 BROADMOORE DR 19176 BROADMOORE DR EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 PHILLIP A CAMP STEVEN R BRACHMAN & DEBRALYNN GEARY JOHN & LISA SANTOSKI 19176 JOSEPH CURVE 19180 DUCK LAKE TR 19197 PLEASANTVIEW RD EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 WILLIAM& VERONICA THEOBALD EDWARD J MUEHLBERG NORA JAN EL KIRKWOLD 19199 BROADMOORE DR 19200 BROADMOORE DR 20 FOX HOLLOW DR EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9252 THE ABBEY INC DAVID B ROBINSON GREG S CORNMAN 1R 23890 LACE AVE 25 PLEASANT VIEW RD 30 FOX HOLLOW DR HUTCHINSON, MN 55350-0015 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9252 BERNADINO & DIANE RESTREPO MATTHEW & KELLEY MOSIMAN LINDA J RICHARDS 31 FOX HOLLOW DR 35 PLEASANT VIEW RD 3635 JAMES AVE CHANHASSEN, MN 55317-9256 CHANHASSEN, MN 55317-9439 DEEPHAVEN MN 55391 CONSTANCE M KEEFE JEFFERY B & CYNTHIA S HALL MARIA VANDERZANDEN 40 FOX HOLLOW DR 41 FOX HOLLOW DR 50 HUNTERS CT CHANHASSEN, MN 55317-9252 CHANHASSEN, MN 55317-9256 CHANHASSEN, MN 55317-9243 WILOFORI GARY J & VICTORIA G ALEXANDER MICHAEL P GROENEWOLD 534 SOUTH CREEK DR N 55 PLEASANT VIEW RD 60 HUNTERS CT CHAMPLIN, MN 55316-1548 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9243 10SPRING HOMES INC JAMES M THEIS JOHN J & KIMBERLY E COREY 622 82ND ST W 6400 CHANHASSEN RD 6409 OXBOW END CHASKA, MN 55318-4600 CHANHASSEN, MN 55317-8575 CHANHASSEN, MN 55317-9135 BLAINE O JOHNSON ERIC PRZYBILLA DENNIS W & CHRISTINA HANSEN 6441 PLEASANT VIEW CIR 6448 BRACKETT RD 6450 PLEASANT VIEW CIR CHANHASSEN, MN 55317-9531 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9531 BENJAMIN NYE JOYCE NICHOLLS LEON 1 & KATHY 1 TERSTEEG 6451 FOX DR 6451 PLEASANT VIEW CIR 6460 BRACKETT RD CHANHASSEN, MN 55317-4590 CHANHASSEN, MN 55317-9531 EDEN PRAIRIE MN 55346 SUSHIL RANA MONTE E & JEANETTE M NESS FRANK A & MAUREEN S BERTHOLD 6461 FOX DR 6472 BRACKETT RD 6484 BRACKETT RD CHANHASSEN, MN 55317-4590 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 BERNARD R & STACY L TRENDA MICHAEL D DOUGLAS JEFFREY J & DIANE L BROWN 6496 BRACKETT RD 65 PLEASANT VIEW RD 6500 GRAY FOX CURVE EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9244 JUDY SUNDERLAND STEVEN R & ALYSSA D PETRIE TROY D & BETH EMERSON 6502 GRAY FOX CURVE 6503 GRAY FOX CURVE 6504 GRAY FOX CURVE CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 KATHY ANNE STUDER SIM K & RY SOK SIMONS ELBERT A GINKEL 6505 GRAY FOX CURVE 6506 GRAY FOX CURVE 6507 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 IDRISS M ELBEKRAOUI JEFFREY R & TERESE C KRULIK ROBERTA BROUGHTON 6508 GRAY FOX CURVE 6509 GRAY FOX CURVE 6510 GRAY FOX CURVE CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 JEFFREY P & RONDA M SEILER LANCE A FLANNERY DANIEL P & ANNETTE M MAXWELL 6511 GRAY FOX CURVE 6512 GRAY FOX CURVE 6513 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 JILL A RODNING SCOTT A & SUSAN T MITCHELL JAMES E & HEATHER K LEE 6515 GRAY FOX CURVE 6517 GRAY FOX CURVE 6519 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 JAMES WALKER & PAMELA ORR THOMAS L & JUDITH A NEWHOUSE GLEN & STEPHANIE SKRIVSETH 6520 QUAIL CROSSING 6521 GRAY FOX CURVE 6521 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9249 LISA R GRATZ JOSEPH 1R & KELLY 1 FERNANDES CHRISTINE A MCKENZIE 6523 GRAY FOX CURVE 6530 QUAIL CROSSING 6531 QUAIL CROSSING CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 DAVID E & SHARON T TUPPER DAVID J PETERSON KRISTINA VILLONES 6540 QUAIL CROSSING 6541 QUAIL CROSSING 6550 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 CHANHASSEN, MN 55317-9248 GRAYCE A FLOM MATHIAS R STRODEL DAVID F WANEK 6590 CHANHASSEN RD 6610 LOCHANBURN RD 70 HUNTERS CT CHANHASSEN, MN 55317-9511 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9243 DANIEL BUJ01 80 HUNTERS Cl CHANHASSEN, 0 `d, If $ I S r � lit I If t�':1!'!:r.s- �f �5 i(t f ja Si 2a1i i' rc ?-� c i a i` l� t�i c,, c e R E.2 5a5#a F• - ;� _ val i Y aia R 0 3,20ALMN I`ri� r.rm�� u� �ivi�l 3,W.9smN N2SS NvVii v<_ �v�.: .. v oy! ----- S: /!O/ Arl6J6' A"W"/ --- e I I I ''gig41 If sir I -J�i im I =� —J 3 .W.BL00 N � It ` — 1 I 1 I \ 1 I l I i I� prpd' ,YyyS/,gyrq,) 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 28, 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 Proposed Vacation of Drainage & Utility Easement on Lots 1, 2, and 3, Block 1, Fox Hill, Planning Case File No. 07-03 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 thiso-Eay of 12010. 't JEAN M. STECKLING Notary Public -Minnesota :.,. MY Commissbn E.vplms Jan 31, 2014 Public Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, August 9, 2010 at 7:00 p.m. public hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Drainage & Utility Easements Proposal: Planninq Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill Location of A location map is on the reverse side of this Proposal: notice. Proposal: 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 vacation: the abutting ro 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 through the following steps: 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 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 July 22, 2010. 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. hearin Proposal: Proposed Vacation of Drainage & Utility Easements Planning Case File No. 07-03 Applicant: Source Construction Capital, LLC Address/ Lots 1, 2, and 3, Block 1, Fox Hill 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 July 22, 2010. This map is neither a legally recorded map nor a survey anal 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 Me area shown, and is to be used for reference purposes only. The City does apt ""ant that the Geographic Information System (GIS) Data used to prepare this map are anon free, and the City does cwt represent that the GIS Daly can he used far navigational, tracking 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 952-22]-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Salad. 21 (2000), and the user of this map ackawwledge i that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hdtl harmless the City from any and all claims brought by User, its employees or agents, or Mind parties which arse out of the users access or use of data provided. Disclaimer This map is neither a legally recorded map now a survey and is not intended to be used as one. This map is a completion of records, Information and data located In Various city, county, stale and federal offices and other sources regarding Me area shown, and is M be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can he used far navigational, traclung 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 pease 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 Mat the City shall not be liable M any damages, and expressly waives all dams, and agrees to defend, indemnify, and hdtl harmless the City from any and all dauxs bought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. 0 JASON P & TONIA R ASHLINE CLAUDIA M STEPHAN ORHAN A & PATRICIA 1 LINER 10 FOX HOLLOW DR 100 FOX HOLLOW DR 110 FOX HOLLOW DR CHANHASSEN, MN 55317-9252 CHANHASSEN, MN 55317-9254 CHANHASSEN, MN 55317-9254 RICHARD A & RHONDA G HERR KEVIN & CHERYL PETERSON ROBERT & EDNA PETERSON 120 FOX HOLLOW DR 150 BLUFF RIDGE CT 160 BLUFF RIDGE CT CHANHASSEN, MN 55317-9254 CHANHASSEN, MN 55317-9251 CHANHASSEN, MN 55317-9251 E H & P M SCHAEFER JAMES & CHERYL GAEBEL KAKIT CHEUNG & XIAOMAN LI 19044 JOSEPH CURVE 19056 JOSEPH CURVE 19068 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 JOSEPH & MARY WROBLEWSKI SUYING CHEN & SHIRLEY CHEN M A PETERSON & L M PETERSON 19080 JOSEPH CURVE 19092 JOSEPH CURVE 19104 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 ROBERT & TRACY PETERSON DUNG T & TRI D NGUYEN DIAN M & TERRANCE J REINKALL 19107 JOSEPH CURVE 19116 JOSEPH CURVE 19119 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 CHRISTOPHER & ROXANNE COTE JEFFREY & SAMANTHA SCHMIDT MARY JOAN GRIFFITHS 19127 BROADMOORE DR 19128 BROADMOORE DR 19128 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDWARD L & JOAN L BECKER MARIA TWIGG CHRISTIAN S VITALE 19131 JOSEPH CURVE 19140 JOSEPH CURVE 19143 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 ELIZABETH 1 BANK JOHN ERVIN IVERSON PATRICK 1 & JOY D SHEEHAN 19151 BROADMOORE DR 19152 BROADMOORE DR 19152 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 DAVID C & KELLY S SCHACHT D 1 LHOTKA/L R THOMPSON SCOTT R & DEBORAH L STEVENS 19155 JOSEPH CURVE 19158 JOSEPH CURVE 19164 JOSEPH CURVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 MICHAEL G & JEAN M NEILL KIRK MARSH DUWAYNE A & ANN E BRANDT 19170 JOSEPH CURVE 19175 BROADMOORE DR 19176 BROADMOORE DR EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 PHILLIP A CAMP STEVEN R BRACHMAN & DEBRALYNN GEARY JOHN & LISA SANTOSKI 19176 JOSEPH CURVE 19180 DUCK LAKE TR 19197 PLEASANTVIEW RD EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 WILLIAM& VERONICA THEOBALD EDWARD J MUEHLBERG NORA JANEL KIRKWOLD 19199 BROADMOORE DR 19200 BROADMOORE DR 20 FOX HOLLOW DR EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9252 THE ABBEY INC DAVID B ROBINSON GREG S CORNMAN 1R 23890 LACE AVE 25 PLEASANT VIEW RD 30 FOX HOLLOW DR HUTCHINSON, MN 55350-0015 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9252 BERNADINO & DIANE RESTREPO MATTHEW & KELLEY MOSIMAN LINDA J RICHARDS 31 FOX HOLLOW DR 35 PLEASANT VIEW RD 3635 JAMES AVE CHANHASSEN, MN 55317-9256 CHANHASSEN, MN 55317-9439 DEEPHAVEN MN 55391 CONSTANCE M KEEFE JEFFERY B & CYNTHIA S HALL MARIA VAN DERZANDEN 40 FOX HOLLOW DR 41 FOX HOLLOW DR 50 HUNTERS CT CHANHASSEN, MN 55317-9252 CHANHASSEN, MN 55317-9256 CHANHASSEN, MN 55317-9243 WIL OFORI GARY J & VICTORIA G ALEXANDER MICHAEL P GROENEWOLD 534 SOUTH CREEK DR N 55 PLEASANT VIEW RD 60 HUNTERS CT CHAMPLIN, MN 55316-1548 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9243 10SPRING HOMES INC JAMES M THEIS JOHN J & KIMBERLY E COREY 622 82ND ST W 6400 CHANHASSEN RD 6409 OXBOW BND CHASKA, MN 55318-4600 CHANHASSEN, MN 55317-8575 CHANHASSEN, MN 55317-9135 BLAINE 0 JOHNSON ERIC PRZYBILLA DENNIS W & CHRISTINA HANSEN 6441 PLEASANT VIEW CIR 6448 BRACKETT RD 6450 PLEASANT VIEW CIR CHANHASSEN, MN 55317-9531 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9531 BENJAMIN NYE JOYCE NICHOLLS LEON J & KATHY TERSTEEG 6451 FOX DR 6451 PLEASANT VIEW CIR 6460 BRACKETT RD CHANHASSEN, MN 55317-4590 CHANHASSEN, MN 55317-9531 EDEN PRAIRIE MN 55346 SUSHIL RANA MONTE E & JEANETTE M NESS FRANK A& MAUREEN S BERTHOLD 6461 FOX DR 6472 BRACKETT RD 6484 BRACKETT RD CHANHASSEN, MN 55317-4590 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 KATHY ANNE STUDER SIM K & RY SOK SIMONS ELBERT A GINKEL 6505 GRAY FOX CURVE 6506 GRAY FOX CURVE 6507 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 IDRISS M ELBEKRAOUI JEFFREY R & TERESE C KRULIK ROBERTA BROUGHTON 6508 GRAY FOX CURVE 6509 GRAY FOX CURVE 6510 GRAY FOX CURVE CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 JEFFREY P & RONDA M SEILER LANCE A FLANNERY DANIEL P & ANNETTE M MAXWELL 6511 GRAY FOX CURVE 6512 GRAY FOX CURVE 6513 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 JILL A RODNING SCOTT A & SUSAN T MITCHELL JAMES E & HEATHER K LEE 6515 GRAY FOX CURVE 6517 GRAY FOX CURVE 6519 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 JAMES WALKER & PAMELA ORR THOMAS L & JUDITH A NEWHOUSE GLEN & STEPHANIE SKRIVSETH 6520 QUAIL CROSSING 6521 GRAY FOX CURVE 6521 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9249 LISA R GRATZ JOSEPH 1R & KELLY 1 FERNANDES CHRISTINE A MCKENZIE 6523 GRAY FOX CURVE 6530 QUAIL CROSSING 6531 QUAIL CROSSING CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 DAVID E & SHARON TTUPPER DAVID PETERSON KRISTINA VILLONES 6540 QUAIL CROSSING 6541 QUAIL CROSSING 6550 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 CHANHASSEN, MN 55317-9248 GRAYCE A FLOM MATHIAS R STRODEL DAVID F WANEK 6590 CHANHASSEN RD 6610 LOCHANBURN RD 70 HUNTERS CT CHANHASSEN, MN 55317-9511 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9243 BERNARD R & STACY L TRENDA MICHAEL D DOUGLAS JEFFREY J & DIANE L BROWN 6496 BRACKETT RD 65 PLEASANT VIEW RD 6500 GRAY FOX CURVE EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9439 CHANHASSEN, MN 55317-9244 JUDY SUNDERLAND STEVEN R & ALYSSA D PETRIE TROY D & BETH EMERSON 6502 GRAY FOX CURVE 6503 GRAY FOX CURVE 6504 GRAY FOX CURVE CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 KATHY ANNE STUDER SIM K & RY SOK SIMONS ELBERT A GINKEL 6505 GRAY FOX CURVE 6506 GRAY FOX CURVE 6507 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 IDRISS M ELBEKRAOUI JEFFREY R & TERESE C KRULIK ROBERTA BROUGHTON 6508 GRAY FOX CURVE 6509 GRAY FOX CURVE 6510 GRAY FOX CURVE CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 JEFFREY P & RONDA M SEILER LANCE A FLANNERY DANIEL P & ANNETTE M MAXWELL 6511 GRAY FOX CURVE 6512 GRAY FOX CURVE 6513 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9244 CHANHASSEN, MN 55317-9247 JILL A RODNING SCOTT A & SUSAN T MITCHELL JAMES E & HEATHER K LEE 6515 GRAY FOX CURVE 6517 GRAY FOX CURVE 6519 GRAY FOX CURVE CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247 JAMES WALKER & PAMELA ORR THOMAS L & JUDITH A NEWHOUSE GLEN & STEPHANIE SKRIVSETH 6520 QUAIL CROSSING 6521 GRAY FOX CURVE 6521 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9249 LISA R GRATZ JOSEPH 1R & KELLY 1 FERNANDES CHRISTINE A MCKENZIE 6523 GRAY FOX CURVE 6530 QUAIL CROSSING 6531 QUAIL CROSSING CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 DAVID E & SHARON TTUPPER DAVID PETERSON KRISTINA VILLONES 6540 QUAIL CROSSING 6541 QUAIL CROSSING 6550 QUAIL CROSSING CHANHASSEN, MN 55317-9248 CHANHASSEN, MN 55317-9249 CHANHASSEN, MN 55317-9248 GRAYCE A FLOM MATHIAS R STRODEL DAVID F WANEK 6590 CHANHASSEN RD 6610 LOCHANBURN RD 70 HUNTERS CT CHANHASSEN, MN 55317-9511 EDEN PRAIRIE MN 55346 CHANHASSEN, MN 55317-9243 E DANIEL BUJOLD BO HUNTERS Ci CHANHASSEN, MN 55317-9243 JOHN P & KIMBERLEE A GUILFOIL BCC HOLDINGS LLC 90 HUNTERS Ci PO BOX 1361 CHANHASSEN, MN 55317-9243 MINNETONKA, MN 55345-1361 NOTICE OFPUBU HEARING VACATION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City C=N il Will bold a public hearing on Monday. August 9, 2010, at 7:00 P.M. in the Council Chambers at Chanhassen City Hal. 7700 Market Boulevard. The purpose of this hearing is to consider the request of Source Construction Capital, LLC of Plymouth, Minnesota for the vacation ofa portion ofthe drainage and utility easements on Lots 1, 2 and 3, Block 1, Fox Hill, planning Case File No. 07.03. A legal description and drawing of the proposed vacation areas are available for public review at City Hal 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 952-227-11 (Published in p heeC anhassen Villager on Thursday. July 22,2010; No. 4401) M 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. ,, `J (B) The printed public notice that is attached to this Affidavit and identified as No.q l 6 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: abcdefghijklmnopgrstu Laurie A. Hartrnann Subscribed and sworn before me on this Zar day of 2010 v No r lic w JYMME J. BARK s NOTARY PUBLIC - MINNESOTA My Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED 0 0 NOTICE OF PUBLIC HEARING VACATION OF DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN 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 Source Construction Capital, LLC of Plymouth, Minnesota for the vacation of a portion of the drainage and utility easements on Lots 1, 2 and 3, Block 1, Fox Hill, Planning Case File No. 07-03. A legal description and drawing of the proposed vacation areas 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 July 22, 20 10) SCANNED Odocuments and settings\jeans\1ma1 settings\temporary intemet fi1es\content.out1wk\g517d6si\ph notice to paper.doc -r SCANNED 0 r QUIT CLAIM DEED Limited Liability Company to Limited Liability Company No delinquent toes and trunsfa entered; Certificate of Real Esbte Valae ( )filed ( ) rut required Cwificne of Reil Esta e Value No. 20 County Auditor STATE DEED TAX DUE HEREON: S Date: .2010 FOR VALUABLE CONSIDERATION, SCC Funding I, LLC, a limited liability company under the laws of Delaware, Grantor, hereby conveys and quit claims to SCC Funding I, LLC, a limited liability company under the laws of Delaware, Grantee, real property in Carver County, Minnesota, described as follows: See Exhibit A attached hereto together with all hereditaments and appurtenances belonging thereto. Total consideration is less than $500.00. Affix Deed Tax Stamp Here STATE OF "%*Ylor'�19{a ) '�&YWYV )ss. COUNTY OF SCC Funding I, LLC, a Delaware limited liability company By: Its: C� The fore oin instrument was acknowledgged before mems 7 da of 71A 2010 b pd�vttKRgk}1�W-k- the (NI1W*:tWd-V1G1alOR SCC Funding , LLC, a limited liability company under the laws of the Delaware, on behalf of said entity, Grantor. =MAPA �t IN1 wyl"l ' �.I,W, Notary Public Ary Ca THIS INSTRUMENT WAS DaAFrED BY: Wilkerson & Hegna, P.L.L.P. 7300 Metro Blvd., #300 Edina, MN 55439 Tax Statements for the real property described in this instrument should be sent to: SCC Funding I, LLC 3535 Plymouth Blvd., Suite 211 Plymouth, MN 55447 I- 0 r EXHIBIT A Legal Description Parcel A: Lot 1, Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota, except the South 4.00 feet thereof. Parcel B: The South 4.00 feet of Lot 1, and the North 96.00 feet of Lot 2 Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota Parcel C: Lot 2, except the North 96.00 feet thereof, and Lot 3, Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota. GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTII3TY PURPOSES SCC Funding I, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor", in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City of Chanhassen, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage, and utility purposes over, under, and across those parts of Lots I and 2. Block 1, Fox Hill, according to the recorded plat thereof, Carver County, Minnesota, legally described on Exhibit A and depicted on Exhibit B, both of which are attached hereto and made a part of by this reference. Including the rights of the City, its contractors, agents, servants, and assigns, to enter upon said public easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage, and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage, and utility systems. The above-named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this instrument this % day of 2010. SCC FUNDING I, LLC, A DELAWARE LII. ILrIY COMPANY By: �,C Its: c7 u STATE OF M'41 V 19i2 ) )ss. COUNTY O 1 h The foregoing instrument was acknowledged before me this -7 day of lT1AAI _ 2010, by VaIrm F-Aillev , the GbtWEt2n4YIci31 OWcA-V of SCC Funding I, LLC, a Delaware limited liability company, on behalf of the company. MELINA MARA BARON NotaryPUNic �wv x Minnesda Y Vv [✓V 4 •t�rT�1�A_w✓_l MY nEapres January 3f. Mf3 Notary Public This instrument was drafted by: WILKERSON & HEGNA, P.L.L.P. One Corporate Center IB, Suite 300 7300 Metro Boulevard Edina, MN 55431 • 0 Exhibit A Legal Description of Easement Area The North 4.00 feet of the South 9.00 feet of Lot 1, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the East 10.00 feet of said Lot 1 and lying east of Line A described below; and The North 15.00 feet of the South 24.00 feet of Lot 2, Block 1, Fox Hill, according to the recorded plat thereof, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below. Line A: Commencing at the southwest comer of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds Fast, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds Fast 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. 0 Eabibit B — 1 I ♦ 1 % PARCEL A �\ � j � — Nw d'd'lu9s mW 11161Y Fm�m®la` g _ = i�- — 1 II I \ _ _ � d� �$.�e{�'♦1♦i��i�S� � � � ya � o —may i `- and^o S Pns o1 1-' a-aonoc. ela Wny " g a5%� Eermnit m a venae I I $ z ' PARCEL B akar ±ww.m. _sagas `\1 i L — — — _ — _ — _ _ — - �5'4Y524 S 6r d lnt a-'� `a 0.aFoge e\tl WILY a IFYWM11t IY b! VOM1lJ Lal IS \ PARCEL C -r - r / \ o scale 7' = 30' Oate NEDLUND FOX HILL s/24/2010 ,� PARCEL/EASEMENT EXHIBIT M wm-- 0 0 L E G A L D E S C R I P T I ON DATE: June 23, 2010 RE: FOX HILL Parcel Descriptions Parcel A Lot 1, Block 1, Fox Hill, according to the record plat thereof, Carver County Minnesota, except the South 4.00 feet thereof. Parcel B The South 4.00 feet of Lot 1, and the North 96.00 feet of Lot 2, Block 1, Fox Hill, according to the record plat thereof, Carver County Minnesota. Parcel C Lot 2, except the North 96.00 feet thereof, and Lot 3, Block 1, Fox Hill, according to the record plat thereof, Carver County Minnesota. SCANNED SCANNED 0 All of the Drainage and according to the record follows: n u Easements to be Vacated Utility Easements as dedicated in the plat of Fox Hill, plat thereof, Carver County, Minnesota, described as The South 4.00 feet of the North 10.00 feet of Lot 2, Block 1, in said plat, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below; and, The South 5.00 feet of said Lot 2 lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below; and, The North 10.00 feet of Lot 3, said Block 1, lying west of the East 10.00 feet of said Lot 3 and lying east of the West 5.00 feet thereof. Line A: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds East, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds East 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. SCANNED SCANNED 0 0 Easements to be Created The North 4.00 feet of the South 9.00 feet of Lot 1, Block 1, Fox Hill, according to the record plat thereof, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below; and, The North 15.00 feet of the South 24.00 feet of Lot 2, Block 1, Fox Hill, according to the record plat thereof, lying west of the East 10.00 feet of said Lot 2 and lying east of Line A described below. Line A: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 52 seconds East, along the south line of said Lot 2, a distance of 43.37 feet to the point of beginning of said line to be described; thence North 00 degrees 17 minutes 46 seconds East 77.85 feet; thence northerly 59.80 feet along a tangential curve to the right having a radius of 185.00 feet and a central angle of 18 degrees 31 minutes 12 seconds and there terminating. SCANNED SCANNED FOX HILL ADMINISTRATIVE SUBDIVISION 2010-01 $150 Administrative Subdivision $300 Vacation $150 Recording Fees (Quit Claim Deed, Vacation Resolution, Easement) $600 TOTAL $950 Less Check No. 32302 from Source Construction Capital -$350 BALANCE NOTE: $350 overpayment to be applied to GIS list invoice J eG 0 — ? I eck-se C Moss- (e -Gere ✓macer P6rn� n sLL►� -CN'l� or �:le. lobe t aril �our- PA \sem - see ha 6L Hai l.�d dee_ b�ewkAowv.:-�-a.�e_ is c� H'3�p o><erpaytnen-4 4v be PPI;ed �o G,s I;sk irvvo,oz,- (�� YClvin;n�nG Mo yx" Ck-T a -r. r- -1 hct- - Si 'k8 be, ('"� ncled io aPPlrcam 4- e rnAKft"�) fr,r�ct_t ly _x;11 Cc�r�un Clcx S r\o 1 r�eec� i -o be_. lcsled or -Rhe., a,�p I. ra-l-;cn. Pe r 5AS he. A- G "Jehccta" --or 0\1 '5 CQ6min f ycru k&ve,a." quesuans. SCANNED ✓ .'m ml/ SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 07/07/2010 3:52 PM Receipt No. 0132339 CLERK: bethany PAYEE: Source Construction Capital 3535 Plymouth Blvd, Ste 211 Plymouth MN 55447 6501,6503,6505 ------------- ------------ Administrative Subdivision 1 Vacation of Right of Way/Easements 3 Recording Documents Recording Documents 4 Total Cash Check Change SCAli NLO 950 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317-(952)227-1100 DEVELOPMENT REVIEW APPLICATION aoc�1-v3 VAC R+ff ng$ase No. OLO k(") _0 )AdmirN sc.,_b Appliant Name and Address: PropeCy Owner NNa�me and Address: 7ov`✓cc LLL SCC JFuAVIRr1 T LLc 3S3S Flo T114 stije ztt $3S ,qew v N- 21i HwtoK4h MN SS 7 1544M + WIN SS -447 Contact Kill✓ Contact: t^+ HOW' Phone: 43 Ssl -6100 Fax: 551-444 Phone: 01*5 551-0166 Fax: 003 551 - 4499 Email: PoL 5oua.ct:-Cc_C6rr. Email:\lJa}h® SowecE%Cc.cow 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)' XSubdivision` A�M-h , ISCQ Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) �o (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign—$200 (City to install and remove) c. X Escrow for Filing Fees/Attorney Cost" 'J 0 -tSq�UP/SPRNAC/VARANAP/Metes & Bounds - $450 Minor SUB TOTAL FEES (..nC, 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 81/2" 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. SCANNED PROJECT N LOCATION: LEGAL DES 9 1] Idw A TOTAL ACREAGE: �__L WETLANDS PRESENT: YES X NO PRESENT ZONING: Pe REQUESTED ZONING: esikn-�, \ (n�SiH 12 C�hI qq PRESENT LAND USE DESIGNATION: LOW L� S j � es+ G'1 i a REQUESTED LAND USE DESIGNATION: LOW VM S'+ 0 eS } 9vtll l'1 A 11 REASON FOR REQUEST: \bAC4kct i 6 ✓ Dro\%M—c & ch C,\h 8 16A- 1�ne. r5� 11 C+ s 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 theleadlines for submission of material and the progress of this application. I further understand that additional fees be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed wit lyt s dy. The documents and information I have submitted are true and correct to the best of my knowledge. , `� �JUVtL Z rg� ZO1 O 6A?ppn Date JUac- Z8 Z616 of YW(Wvnef Date g :\plaa+fb=\dtvclopmcat revicw applicationAm SCANNED