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CAS-11_LAKESIDE 7TH ADDITION (REPLAT OF OUTLOT D, LAKESIDE) VACATION OF EASEMENTSCERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) 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 Resolution 2012-50, "A Resolution Vacating Drainage & Utility Easements On Outlot A, Lakeside And Outlot A, Lakeside Second And Outlot D, Lakeside And Vacating The Trail Easement On Outlot A, Lakeside Second Addition (Formerly Part Of Outlot C, Lakeside) And Outlot D, Lakeside Planning Case File No. 12-11" adopted by the Chanhassen City Council on September 24, 2012, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 26`h day of November, 2012. �11 POP= Clerkputy CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: Seutember 24.2012 RESOLUTION NO: 2012-50 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON OUTLOT A, LAKESIDE AND OUTLOT A, LAKESIDE SECOND AND OUTLOT D, LAKESIDE AND VACATING THE TRAIL EASEMENT ON OUTLOT A, LAKESIDE SECOND ADDITION (FORMERLY PART OF OUTLOT C, LAKESIDE) AND OUTLOT D, LAKESIDE PLANNING CASE FILE NO. 12-11 WHEREAS, Ron Clark Construction is requesting to vacate the easements on Outlot A, Lakeside, Outlot A, Lakeside Second Addition and Outlot D, Lakeside and for the Vacation of the Trail Easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside; and WHEREAS, the existing drainage and utility easements were acquired by the City in 2006; and WHEREAS, the trail easement was granted to the City on December 1, 2006 by Document Number A454736. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby 1. Vacates the platted drainage and utility easements on Outlot A, Lakeside, Outlot A, Lakeside Second and Outlot D, Lakeside. 2. Vacates the trail easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside, recorded with the Office of the Carver County Recorder on December 12, 2006 as Document Number A454736. Passed and adopted by the Chanhassen City Council this 20 day of September, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Ernst Laufenburger McDonald Tjomhom 13O I 'ZLOZ 'isnonv Jo kvo ONZ SIHI 031VO 'V10S3NNIW d0 31V1S 3H1 30 SMVI 3H1 830Nn 8o),3A21ns ONVI 03SN3011 Lino v Wtl 11VH1 0NV 'NOISIA213dnS 1031110 AN N30Nn 210 '3W A8 038Vd3dd SVM IHOd38 80 NVId 'A3A21ns sIH1 ivHI 'ONI 'NOLL0n8iSN00 N21VI0 N08 Ol AjLL830 A8383H 3M ONVI OIVS 01 SIN3W3AOHdWI ANV 80 ONVI OIVS 103AJV HOIHM S1N3W3SV3 030N0038W 80 021003?) JO SIN3W3SV3 'ONVI 03818OS3(i N0383H 3H1 O1NO 80 W083 SIUNHOVONON3 ANV 30 30N31SIX3NON 80 30N31SIX3 3H1 MORS 01 180d8nd ION 5300 H013NS SIHL '}old plos uo paloolpap puo paloaullap so 'olosauulW '(luno /aA/00 'loa/ayl lold papiooau ayl of 6ulp/0000 '301S3)IVI '0 lopno SSOJOD puo /apun '/ano 6uy<l sluawasoa 611111n puo 06OUIDlp Iltl S1N3W3SV3 Alllun (INV 30VNIV80 31VOVA 01 NOILdIHOS30 03SOdOdd 031V0VA 38 01 1N3W3Stl3 AlllLLn ONtl 30VNIV80 S310N30 }aaA ui aloaS r 09 0 0c 09 _1 n I _J I V I Inv n ' y' �! y I IV�rI V 1^SIJ L.J- ^v�111 v yll�Ci✓1 V v I%� yl IIIA+ 1 �-,1Ci /`V IY 11� V ywl`"JI VI V y 1 ^ I-.,% \;-li Cr J�J I r-\ yIVJ J A I/'\I I InnV / I4V111VV V LJIvI / 111/\I- / -lnl^'l Rl I InnV LJ I IVln\J111 LI Y 111/\I.: e1nl 11nnV nIn111nnV \ �nl^ �\IV i IVVIIIVVV � IVVILIVVV / JVIvJ.'IY I \ n�ILJ I nn Inn-^ V /_II 11 JVIvJ:I V I .. I IN3W3Sv3 ALnan ONV 39tlNIV210-"' _1 n I _J I V I Inv n ' y' �! y I IV�rI V 1^SIJ L.J- ^v�111 v yll�Ci✓1 V v I%� yl IIIA+ 1 �-,1Ci /`V IY 11� V ywl`"JI VI V y 1 ^ I-.,% \;-li Cr J�J I r-\ yIVJ J lakeS,Lye ^ uaco, j , R& 1"rn�-,v1 40�)1 i i ' C> n <C uT r, <, L) r C] C] <C C] IL re; < C Ih fy� I S(r L I yr 0 It\ DENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 60 30 0 60 Scale in Feet J J 239.09 R=185.00 p=74'02'52' N(Y CAKfSOF i�Nf owzor........................ <; DRAINAGE AND UTILITY EASEMENT /11 1T1 %-\T A ! VV I L_\_/ I n IA li f -^11\r L.r�l\L�`.IVL TI IIL)r\ I rlu \V A r\r\ITI/ln /"VVI I IVI v I OJ�Op�TDH '- I p�NF, S�ppH \Spm � j 56j N5 EGUOT'1p PpptT P J \.% I Ali r-^-1 \7 L_MI\L_—IUL_ - L_MI\L_—IVL_ ^r/.ten In vLV VIVV A rl f\ITI/\A I nVVI I IL/I V _L F <C <C Ld f T3 �i PROPOSED DESCRIPTION TO A VACATE A PORTION OF DRAINAGE AND UTILITY EASEMENT. That part of Outlot A, LAKESIDE, according to the recorded plat thereof, Carver County, Minnesota, lying within an 11.00 foot wide strip of land, the northerly line of said 11.00 foot wide strip is described as follows: Commencing at the northeast comer of Outlot A, LAKESIDE SECOND ADDITION; thence on an assumed bearing of South 65 degrees 50 minutes 15 seconds West, along the north line of said Outlot A, a distance of 150.87 feet to the northerly line of Outlot A, LAKESIDE, and the point of beginning of the line to be described; thence northwesterly, a distance of 63.53 feet, olong said northerly line along a non—tangential curve concave to the southwest, having a radius of 131.00 feet, a central angle of 27 degrees 47 minutes 04 seconds and a chord bearing of North 38 degrees S 03 minutes 17 seconds West; thence westerly, a distance of 239.09 feet, along a compound curve concave to the south, having a radius of 185.00 feet and a central angle of 74 degrees 02 minutes 52 seconds; thence southwesterly,= a distance of 103.88 feet, along a compound curve concave to the southeasterly, having a radius of 231.00 feet and a central angle of 25 degrees 45 minutes 54 seconds; to southwesterly line of Outlot D, LAKESIDE, and there NV terminating. < I N 0 I of 1 m g N (AFL �I\/TI I Ar\111T1/\nl �, J o� DENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 60 30 0 60 Scale in Feet J J 239.09 R=185.00 p=74'02'52' N(Y CAKfSOF i�Nf owzor........................ <; DRAINAGE AND UTILITY EASEMENT /11 1T1 %-\T A ! VV I L_\_/ I n IA li f -^11\r L.r�l\L�`.IVL TI IIL)r\ I rlu \V A r\r\ITI/ln /"VVI I IVI v I OJ�Op�TDH '- I p�NF, S�ppH \Spm � j 56j N5 EGUOT'1p PpptT P J \.% I Ali r-^-1 \7 L_MI\L_—IUL_ - L_MI\L_—IVL_ ^r/.ten In vLV VIVV A rl f\ITI/\A I nVVI I IL/I V _L F <C <C Ld f T3 �i PROPOSED DESCRIPTION TO A VACATE A PORTION OF DRAINAGE AND UTILITY EASEMENT. That part of Outlot A, LAKESIDE, according to the recorded plat thereof, Carver County, Minnesota, lying within an 11.00 foot wide strip of land, the northerly line of said 11.00 foot wide strip is described as follows: Commencing at the northeast comer of Outlot A, LAKESIDE SECOND ADDITION; thence on an assumed bearing of South 65 degrees 50 minutes 15 seconds West, along the north line of said Outlot A, a distance of 150.87 feet to the northerly line of Outlot A, LAKESIDE, and the point of beginning of the line to be described; thence northwesterly, a distance of 63.53 feet, olong said northerly line along a non—tangential curve concave to the southwest, having a radius of 131.00 feet, a central angle of 27 degrees 47 minutes 04 seconds and a chord bearing of North 38 degrees S 03 minutes 17 seconds West; thence westerly, a distance of 239.09 feet, along a compound curve concave to the south, having a radius of 185.00 feet and a central angle of 74 degrees 02 minutes 52 seconds; thence southwesterly,= a distance of 103.88 feet, along a compound curve concave to the southeasterly, having a radius of 231.00 feet and a central angle of 25 degrees 45 minutes 54 seconds; to southwesterly line of Outlot D, LAKESIDE, and there NV terminating. < I N 0 I of 1 m g N 1T n Tt1�nV nr, Ar- 'A UI nth iU�Ir NER - ^T r IJ L l 1 n `� ^ OU w .0 (` N eO \ 0 1 O aL U f 4 no w 30 15 0 30 0M o z Scale in Feet L_ v 3..::: .:::.T . rn �J Pga'��'S6''f�:;:.•:,:::• � :..DENOTES TRAIL n . .:.... EASEMENT TO F •:•::: o BE VACATED P!r.... : J0 0. C ,r. 5� 'Y'' o CJ 2 ...::.::... ' w i ?o::.':.:::::::: r Fdb —J } q0r!rbm`0:j:::::::::. i ::,. •:•: c ........ �:::::::: ••inn I T I /1 T / C� / ...... f Y( j.. ' 01 N LINE OF OUTLOT B CA i LAKESIDE SEVENTH ADDITION / In Ifr-^Ir\r- �— ( L.!-tf\L_vIVL_ I C\ C)>\ � vL_V VIVV LL—J A r\r\IT Ir -\n I r �'7 I !'tVVI I IL/I i _D C> PROPOSED DESCRIPTION TO A PORTION OF A VACATE TRAIL EASEMENT CREATED BY DOCUMENT NO.A454736 A 20.00 foot easement for trail purposes over, under, and across that part of Outlot C and Outlot D, LAKESIDE, according to the recorded plat thereof, Carver County, Minnesota, the centerline of said easement is described as follows: Commencing at the northeast comer of said Outlot D; thence South 00 degrees 20 minutes 00 seconds East, assumed bearing along the east line of said Outlot D, 259.69 feet to the beginning of the centerline to be described; thence South 89 degrees 40 minutes 00 seconds West, 16.98 feet; thence southwesterly 33.27 feet along a tangential curve concave to the Southeast, having a radius of 49.00 feet and central angle of 38 degrees 54 minutes 30 seconds; thence South 50 degree 45 minutes 31 seconds West, tangent to last described curve, 35.24 feet; thence southwesterly 15.05 feet, along a tangential curve concave to the southeast, having a radius of 49.00 feet and a central angle of 17 degrees 35 minutes 52 seconds; thence southwesterly 21.35 feet along a reverse curve concave to the northwest having a radius of 51.00 feet and central angle of 23 degrees 59 minutes 22 seconds; thence South 57 degrees 09 minutes 01 seconds West, tangent to last described curve, 54.74 feet, to the westerly line of said Outlot C and said centerline there terminating. Said easement lines are prolonged or shortened to terminate at the easterly line of said Outlot D and the westerty line of said Outlots C and D. Except that part thereof lying south of the north line of Outlot B, LAKESIDE SEVENTH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. (THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF LAKESIDE SEVENTH ADDITION) * THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF LAKESIDE SEVENTH ADDITION. * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO RON CLARK CONSTRUCTION, INC. THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 2ND DAY OF AUGUST, 2012. Cad File: F2422Enterpnse NEER 112053 -VACATION VACATION F engineering SKETCH -TRAIL Description Sketch for: s LANDPL NNPAS LANDSURVEYaaS LANDSCMg MC RRC3 Folder#: 7446 RON CLARK CONSTRUCTION, INC. CD F": 681-1914 Drawn b . NJK Drive Fax: 681-9488 Y•ghts, MN 55120 www.pioncereng.c= n 2008 Pioneer Engineering 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 Fa: 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association December 21, 2012 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Jean: Pursuant to your letter of October 31, 2012, enclosed herewith for your files is the original recorded certified copy of Resolution 2012-50. Please note that this Resolution was recorded with the Carver County Recorder on November 5, 2012, as Document No. A565277. If you have any questions regarding the above, please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association By: Carole J. Hoeft cjh Legal Assistant Enclosure SCANNED GTY RWEVEH®ssEN DEC 2 6 2012 pNGINEWING DEPT. 0 0 STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) Document No. OFFICE OF THE A565277 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee $46 00 Receipt# Certified Recorded on 1115/2012 at 02:53 ❑ AM'dP M CERTIFICATION 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 Resolution 2012-50, "A Resolution Vacating Drainage & Utility Easements On Outlot A, Lakeside And Outlot A, Lakeside Second And Outlot D, Lakeside And Vacating The Trail Easement On Outlot A, Lakeside Second Addition (Formerly Part Of Outlot C, Lakeside) And Outlot D, Lakeside Planning Case File No. 12-11" adopted by the Chanhassen City Council on September 24, 2012, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 30th day of October, 2012. i I Dull' Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 24, 2012 RESOLUTION NO: 2012-50 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON OUTLOT A, LAKESIDE AND OUTLOT A, LAKESIDE SECOND AND OUTLOT D, LAKESIDE AND VACATING THE TRAIL EASEMENT ON OUTLOT A, LAKESIDE SECOND ADDITION (FORMERLY PART OF OUTLOT C, LAKESIDE) AND OUTLOT D, LAKESIDE PLANNING CASE FILE NO. 12-11 WHEREAS, Ron Clark Construction is requesting to vacate the easements on Outlot A, Lakeside, Outlot A, Lakeside Second Addition and Outlot D, Lakeside and for the Vacation of the Trail Easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside; and WHEREAS, the existing drainage and utility easements were acquired by the City in 2006; and WHEREAS, the trail easement was granted to the City on December 1, 2006 by Document Number A454736. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby 1. Vacates the platted drainage and utility easements on Oudot A, Lakeside, Oudot A, Lakeside Second and Outlot D, Lakeside. 2. Vacates the trail easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside, recorded with the Office of the Carver County Recorder A Decembe% 1'2, �(li 6�1%Qwument Number A454736. to -1 0- 1. Passed and adopted by the Chanhassen City Council this 20 day of September, 2012. a dt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Ernst Laufenburger McDonald Tjomhom CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Commerical Partners Title, LLC 200 S. Sixth Street Suite 1300 Minneapolis, MN 55402 0 LETTER OF TRANSMITTAL DATE JOB NO. 10/31/12 PC File No. 12-11 ATTENTION Kristin Haskell RE: Lakeside 7th Addition WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/24/12 Certified Vacation Resolution No. 2012-50 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS If you have questions regarding this Resolution, please contact Alyson Fauske at 952-227-1164. COPY TO: Carole Hoeft, Campbell Knutson PA SIGNEDee0z*1-Y�, — ex W- " -,,,Jean Steckling, (952) 227-1162 caNirvas If enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) 1i 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 Resolution 2012-50, "A Resolution Vacating Drainage & Utility Easements On Outlot A, Lakeside And Outlot A, Lakeside Second And Outlot D, Lakeside And Vacating The Trail Easement On Outlot A, Lakeside Second Addition (Formerly Part Of Outlot C, Lakeside) And Outlot D, Lakeside Planning Case File No. 12-11" adopted by the Chanhassen City Council on September 24, 2012, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 30u' day of October, 2012. i I :F DeyL'f-,ty Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 24, 2012 RESOLUTION NO: 2012-50 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON OUTLOT A, LAKESIDE AND OUTLOT A, LAKESIDE SECOND AND OUTLOT D, LAKESIDE AND VACATING THE TRAIL EASEMENT ON OUTLOT A, LAKESIDE SECOND ADDITION (FORMERLY PART OF OUTLOT C, LAKESIDE) AND OUTLOT D, LAKESIDE PLANNING CASE FILE NO. 12-11 WHEREAS, Ron Clark Construction is requesting to vacate the easements on Outlot A, Lakeside, Outlot A, Lakeside Second Addition and Outlot D, Lakeside and for the Vacation of the Trail Easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside; and WHEREAS, the existing drainage and utility easements were acquired by the City in 2006; and WHEREAS, the trail easement was granted to the City on December 1, 2006 by Document Number A454736. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby 1. Vacates the platted drainage and utility easements on Outlot A, Lakeside, Outlot A, Lakeside Second and Outlot D, Lakeside. 2. Vacates the trail easement on Outlot A, Lakeside Second Addition (formerly part of Outlot C, Lakeside) and Outlot D, Lakeside, recorded with the Office of the Carver County Recorder on December 12, 2006 as Document Number A454736. Passed and adopted by the Chanhassen City Council this 24"' day of September, 2012. ATTES erhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Emst Laufenburger McDonald Tjomhom C� Fauske, Alyson • From: Andrea McDowell Poehler [AMcDowellPoehler@ck-law.com] Sent: Friday, October 26, 2012 2:31 PM To: Fauske, Alyson Subject: RE: Vacation of Part of A Permanent Easement for Public Access—Trail Purposes.DOC Alyson: The closer is: Kristin Haskell (Fiumefreddo) Commercial Counsel Commercial Partners Title, LLC 200 South Sixth Street, Suite 1300 Minneapolis, MN 55402 Phone: 612.337.2468 Fax: 612.337.2471 E-mail: kristinh(dcotitle.com Title & Escrow I Construction Disbursing 1 1031 Exchange Let me know if you need anything else on this Andrea Andrea McDowell Poehler CAMPBELL KNUTSON, P.A. Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (651) 234-6224 aooehler(@ck-law.com Can you let Kristin know when to expect is? -----Original Message ----- From: Fauske, Alyson[mailto:AFauskeoci.chanhassen.mn.us] Sent: Friday, October 26, 2012 2:28 PM To: Andrea McDowell Poehler Subject: RE: Vacation of Part of A Permanent Easement for Public Access—Trail Purposes.DOC Sure. Do you have the closer's contact info? 1 ti 0 IQD]"AYIy14EIVl11M] STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) L--Jl 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 Resolution 2012-50 entitled, "A Resolution Vacating Drainage & Utility Easements On Outlot A, Lakeside And Outlot D, Lakeside And Vacating The Trail Easement On Outlot C And Outlot D, Lakeside Planning Case File No. 12-11" adopted by the Chanhassen City Council on September 24, 2012, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 27th day of September, 2012. ,I � i _ IiY.i7i Dep14 Clerk 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 24, 2012 RESOLUTION NO: 2012-50 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON OUTLOT A, LAKESIDE AND OUTLOT D, LAKESIDE AND VACATING THE TRAIL EASEMENT ON OUTLOT C AND OUTLOT D, LAKESIDE PLANNING CASE FILE NO. 12-11 WHEREAS, Ron Clark Construction is requesting to vacate the easements on Outlot A, Lakeside and Outlot D, Lakeside and for the Vacation of the Trail Easement on Outlot C and Outlot D, Lakeside; and WHEREAS, the existing drainage and utility easements were acquired by the City in 2006; and WHEREAS, the trail easement was granted to the City on December 1, 2006 by Document Number A454736. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby Vacates the platted drainage and utility easements on Outlot A, Lakeside, and Outlot D, Lakeside. 2. Vacates the trail easement on Outlot C and Outlot D, Lakeside, recorded with the Office of the Carver County Recorder on December 12, 2006 as Document Number A454736. Passed and adopted by the Chanhassen City Council this 24th day of September, 2012. ATTEST: Leffilardt, City Manager YES Furlong Ernst Laufenburger McDonald Tjornhom NO Thomas A. Furlong, Mayor ABSENT Public Works 7901 Park Place 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 g:\eng\vacations\lakeside 7th - pc 12-11\cc approval letter.doc Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow SCANNED CITY OF October 1, 2012 C&NNASSEN 7700 Market Boulevard PO Box 147 RonClark Construction Chanhassen, MN 55317 7500 W. 78th Street Edina, MN 55439 Administration Phone: 952.227.1100 Re: Drainage & Utility Easement Vacation Approval Fax:952.227.1110 Lakeside - Planning Case (Vacation) File No. 12-11 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 This letter is to confirm that on September 24, 2012, the Chanhassen City Council approved a resolution vacating the drainage and utility easements located on Engineering Outlot A, Lakeside and Outlot D, Lakeside, and the trail easement on Outlot C Phone: 952.227.1160 and Outlot D, Lakeside. In order to finalize the vacation, the Council resolution Fax: 952.227.1170 must be recorded at Carver County which will be taken care of by this office. Finance Phone: 952.227.1140 If you have any questions, please contact me at (952) 227-1164. Fax:952.227.1110 Sincerely, Park & Recreation Phone: 952.227.1120 CITY OF CHANHASSEN Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Alyson Fauske, P.E. Fax: 952.227.1404 Assistant City Engineer Planning Natural Resources c: Steve Lenz Engineering Tech III � � g Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place 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 g:\eng\vacations\lakeside 7th - pc 12-11\cc approval letter.doc Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow SCANNED 0 Notice of Public Hearir! Chanhassen City Council Meeting When is the Monday, September 24, 2012 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of Easements Planning Case File No. 12-11 Applicant: RonClark Construction Outlot A and Outlot D, Lakeside and for the Address/ vacation of the trail easement on Outlot C and Location of Outlot D, Lakeside 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 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 1. Staff will summarize the vacation request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail afauske@ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on September 6, 2012. ryy�rrtrrl i s lam •. .fin: 1'-- '� Lt1L31LCT 1 HOPf:RTY CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www. c i. c h a n h as s e n. m n. u s 9Svits PQST'M L49 � ni>•x ev xowes 02 IF $ 000.450 0003195036 SEP 12 2012 MAILED FROM ZIP CODE 55317 1Z p6 09/2 / 553 CTO�`SEN�L�R.ESSE 1J _ & h1 I.xNOT DiGi Tvp �F RTME Q U�7��p'r lY J�1_1L This map is neither a legally recorded map nor a survey and is hot !Mended to be This map is a compilation of words, information and data located in various city, and federal offices and other sources regarding the area shown, and is to I reference purposes only. The City does not warrant that the Geographic Informal..,, system (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, Indemnify, and hold harmless the City from any and all claims brought by User, Its employees or agents, or third parties which arise out of the users access or use of data provided. u NORTH BAY HOMEOWNERS ASSN IN* 2681 LONG LAKE RD SCANNED ROSEVILLE MN 55113.1128 Ill III Ill I I Ill I I III 11111111111111111111111111111111111111111 Chanhassen City Council — S• tuber 24, 2012 • Mayor Furlong: Any questions for Chief Wolff this evening. Councilman McDonald: Yes. Mayor Furlong: Councilman McDonald. Councilman McDonald: The only comment I wanted to make is you know I really appreciate you continuing to include these comment cards because it really helps give us a good feedback from what the community is really thinking about the calls. I know I was one of the ones that went out on National Night Out on one of your fire trucks and I got a lot of good comments about what the fire department does so this really helps us I think in really kind of looking at the service you provide to the community so thanks. Chief John Wolff: Thanks Jerry. Mayor Furlong: Thank you. Appreciate the update. Chief John Wolff: Thank you. Mayor Furlong: Welcome back. LAKESIDE 7"' ADDITION. LOCATED BETWEEN LAKE RILEY DRIVE AND HIGHWAY A. REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT: PRELBUNARY PLAT OF 17 LOTS: SITE PLAN REVIEW FOR 17 TOWNHOUSE UNITS: AND VARIANCES. B. PUBLIC HEARING: CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT. Mayor Furlong: There are various aspects associated with this. Again I said there was a public hearing associated with the drainage and utility easement. I believe a public hearing was held at the Planning Commission but in any event let's start with the staff report. We'll hear from the applicant and take it from there. Kate Aanenson: Thank you Mayor, members of the City Council. As you stated there is a public hearing for the drainage and utility easement. We've kind of encumbered that in the whole presentation so you can see how that works but there was a public hearing at the Planning Commission regarding the application itself and that did occur on September 4th and there was approximately 12 residents from the neighborhood who supported the project and the Planning Commission did vote unanimously to recommend approval to you for this project. This is where I have problems. Can somebody, sorry. I'm having problems on this side moving the slide forward. The location of the project then is, this is on the north, excuse me. Just south of 212 on the eastern side of the city limits so it abuts the Eden Prairie side. The area shown in red here is the location of the subject site. When this project originally came in the developer was proposing condominium in this location and now they're reposing to put the 17 townhouse units there instead so this project does include actually 5 elements as shown in the original survey. I mean the original slide, if you can go back to that one for a second. Thank you. So we're going to have a PUD amendment, a preliminary plat of the 17 lots, site plan for approval for those 17 townhouses, ;CANNED Chanhassen City Council — Spembet 24, 2012 • variances with that, and also as you stated Mayor the public hearing. So this northerly piece then would be the last piece of this project. As I stated that moving away from the condominiums. Reducing the density. Going to the 17 units instead so originally we looked at the 231 units in this project so this will include the 15 twin homes and 6-3 unit and 4 unit townhouses. It also includes some outlots. Thank you. So this is the subject area here. This would complete this project. You can see how the units are laid out in this area here. So this is the PUD amendment. We put the entire PUD amendment into your packet but the main elements of the PUD are found in Section B, where it states in there that the uses, under permitted use it states that there be twin houses, townhouses and one condominium so we're striking out one condominium. Obviously that will no longer be in there. And also there was in the original permitted uses a term that would state if there's any question of whether something met, that the Planning Director would have the authority to make the interpretation of whether that should go through the process of the Planning Commission to be the overseer of that and then ultimately the City Council, so that will be the, under the permitted uses one change in the PUD. Then the second one refers to setbacks and that would be the 50 foot setback from the perimeter of 212, and I'll show you how that would work here. This is the, these are again are the lots within that area that we're talking about and if you look at the site plan here, the wall, the sound wall, the MnDOT wall on the south side there of 212 is substantially away from the backs of those lots so by creating a PUD of 50%, of 50 feet which is a typical in our PUD requirement, it seems onerous and excessive because you've got already that substantial buffer there and the travel lanes are quite a ways north of that so. Mayor Furlong: Ms. Aanenson, excuse me Kate Aanenson: Yep. Mayor Furlong: Just to confirm, the sound wall is existing, is that correct? Kate Aanenson: That is correct. Mayor Furlong: Thank you. Kate Aanenson: Yeah. So this, so in putting those perimeter buffers, that's the standard language that we would use, but it seemed in this circumstance that the ability to, because we changed the product type and not going vertical, trying to make those units fit in there, not lose that number of units and make it work. Feasibility, you're pinched by the wetland on the one side there, to make that work the staff did support actually moving those closer to that, not having that perimeter because really you're not buffering from somebody there on that side. So we are recommending that change so those are the two changes on that. So on the grading plan itself, as you can see there are, the retaining wall. The MnDOT wall here and working with the landscaping, creating that buffer. Creating this edge too. This would be that's existing there along Bearpath. There's the dip there. Also looking at the circulation through the site itself. So on the variances again looking at that buffer setback we are changing and making recommendations on that because based on again the location of that, we think that it makes some sense. There's a request of the variance to let the docks encroach. One would be on the wetland side and then to encroach an additional 1.5 feet and on the east side of the development to permit the decks to encroach 8.7 foot into the wetland setback there. Again those are the elevated decks themselves. Again an amenity feature that when you're up against that wall, providing that open space we think was important so the staff and the Planning Commission did support that. So these are the products, some of the products that are out there. Again they include 3 lookout and 14 walkout units. There are 10 twin homes, one villa home and the 3, two 3 unit buildings. Again they range from 1,800 square feet to 2,500 square feet and they're 34 to 38 in width. So again compatible with the architecture that's out there already. So one of the other actions then tonight would be the final action. I went through the PUD changes. The plat. The site plan approval and then this would be the public hearing portion which would be the vacation of the existing easements. So C. N:'�.,.t Chanhassen City Council — S• tuber 24, 2012 • you can see there was an easement there. In order to make this work, try to make this road circulation. Vacating those easements along the end of the, what would have been the parking lot. That's what this was put in place for, for the condominium project. Reshaping that and then finally the trail easement, as you can see here on yellow. That trail easement. Providing access to the trail on the Eden Prairie golf course side. There'll still be an access point but would not be through this easement because that becomes part of the plat itself. So with that again there's kind of 5 actions there. We've tried to combine it into a straight forward motion but with that I'd be happy to answer any questions you have. I know the development team is here if you have questions with them too. Mayor Furlong: Alright, let's start with any questions for staff first. Councilman Laufenburger. Councilman Laufenburger: Kate, the 20 feet versus 50. This really comes into play primarily along the east and west but also on the north away from the wall, is that correct? Kate Aanenson: That's correct. When you looked at this access here for the parking, and then looking at this, where we're looking at the decks on this side, but this would be that property line but the property line, there's nothing behind that property line. The sound wall's quite a ways out there. Councilman Laufenburger: What's the distance from the sound wall to the property line, do you have that? Is that shown here? Kate Aanenson: I don't have that in front of me. I'm sure it's at least 50 feet. Mike Waldo: Between 50 and 75. Kate Aanenson: Yeah. Councilman Laufenburger: Okay. And just, so the landscape plan is for trees, as you show along there trees. What about the wall itself? Is the maintenance of the wall the responsibility of MnDOT? Kate Aanenson: Yes Councilman Laufenburger: It is, okay. Kate Aanenson: And actually there was an original concept that was voted by the applicant to try to work through, do some landscaping on this. Originally MnDOT wanted the City to be the, have the responsibility of the ownership of that. We'd be the pass through. We didn't want to take that responsibility on but we found another way to accomplish some of that so when you see the final plat, the developer should be able to actually provide some additional landscaping in that area because it's so far from the travel lane behind the wall. Not adjacent to the wall but it again provides some additional nicer amenities in this area here. Councilman Laufenburger: Okay. The discretion that you have as planning director Kate to convert from what was originally going to be, how many condominium units in this area? Kate Aanenson: A couple hundred. Councilman Laufenburger: So, a couple. Kate Aanenson: And this, there was 3 condominium buildings contemplated. The two we've already taken off the front of the project. Chanhassen City Council — See ember 24, 2012 • Councilman Laufenburger. So this is in place of a single condominium unit, is that correct? Kate Aanenson: Correct. In the back. Mayor Furlong: And I'm sorry, how many units were with this single, approximately? 77? Kate Aanenson: Yeah, and I just want to make sure that on that discretion. They're asking for an amendment so that's really your discretion. We did support it. This was really kind of a battle you know between trying to keep the density up and working with the neighbors and trying to make something that is also can bring to market. They worked really hard to try to find something higher density than this. Some of the complication comes in when it's long term financing when you have to have so many pre - sales when there's so many apartments but to their credit we worked probably almost a year trying to get another type of project on this site with different iterations and at the end of the day couldn't make that work so we found the next best thing. Councilman Laufenburger: I guess my next question is for the applicant. Thank you Kate. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for staff at this time? Ms. Aanenson, parking. With the, where do you see parking other than, or how deep are the driveways for each of the units and how many cars will be able to fit between the unit and the street and then on the streets themselves? Kate Aanenson: That was one of the challenges when we got down to this design because they lost units. They want to maximize that number of units so we worked really hard on actually getting these streets to our standard widths and not getting variances and that would be these internal streets which have a minimum 24 feet. 24-25 so we worked to get that. This is the extra guest parking. There are some spots at the very end but the driveways do meet all the standards. Mayor Furlong: What is the standard? Is it deep enough for a single car? Kate Aanenson: Yes. Yes. Mayor Furlong: Okay. And the parking on the Kate Aanenson: This area here. Mayor Furlong: Curve there, thank you. That exists today or that will be a part of the plan? Kate Aanenson: Yes. That was always contemplated for guest parking with the condominium project. Mayor Furlong: And so approximately how many spots on the street are available with this plan? Kate Aanenson: I don't know if I have that number right in front of me but it does meet all the requirements for guest parking. Mayor Furlong: For? Kate Aanenson: For all these units and then for some of the additional units on the rest of the project too. Chanhassen City Council — September 24, 2012 • Mayor Furlong: And would the density here be effectively medium density across the PUD? Is that what this is? Kate Aanenson: Yeah. Yeah. This was one piece that. Mayor Furlong: ...would be medium density or low density. Kate Aanenson: Probably bring it back closer to medium density for the overall project. Again this was a piece of property that was guided for higher density, yeah. Mayor Furlong: Understand. So we're moving away from a high density to effectively a medium density? Kate Aanenson: That's correct. Mayor Furlong: With this. Okay. And then the other question I had on the trail access. I think you mentioned an existing trail access easement is being vacated as a part of this but that's being replaced with a trail access on another part, is that what I'm seeing? Kate Aanenson: Yes. Yes, yes. Mayor Furlong: Okay. So that will go in as part of this or does that already exist? Kate Aanenson: It has to go in with this. The other one's being vacated. Mayor Furlong: Okay, so that trail doesn't exist yet? Kate Aanenson: No. Mayor Furlong: But that will go in, and that's being approved and required as part of this plan? Kate Aanenson: Yeah. And working with the City of Eden Prairie and making that connection. There's some grade changes that we're trying to work through to make that a good design. Mayor Furlong: Okay. Alright, and the City of Eden Prairie is open to having that access? Kate Aanenson: Yep. And we definitely see it as a benefit too to continue that Rice Marsh loop to come around. To go underneath. Mayor Furlong: Yep, exactly. Well and we also have the homes to the North Bay. Kate Aanenson: North Bay, correct. Mayor Furlong: And they would have public access through these streets as well. Kate Aanenson: That's correct. Mayor Furlong: Okay. Alright, thank you. Any other questions for staff? Representatives from the applicant here? Good evening. Mike Waldo: Mr. Mayor, members of the council, staff. Mike Waldo with Ron Clark Construction. Chanhassen City Council — S%mber 24, 2012 • Mayor Furlong: Good evening. Mike Waldo: Along with Mike Roebuck and Sarah Evans from our office and ... our planning consultant if we get questions along the way here for them. I think from the overall standpoint the staffs report is very thorough. I think it covers everything that we looked at. The market conditions of going from the apartment to the condo to the townhouses is something we've worked a lot time on trying to make it work with the higher density. It really just doesn't in today's market and we're not sure when that's going to come back. Is it 3 years? Is it 5 years? Is it 10 years? So I think that's the direction we've gone here. The neighborhood has been very, very positive to the conversion of these to townhomes. We had a neighborhood meeting there before we brought the submittal to the City and got very positive feedback from them. There was about 5 different HOA approvals that need to happen as a part of this with each member of the community got to vote on and all of those have been approved and voted upon so those are all ready to go, assuming we get a positive vote from you tonight. The trail again is something we're working on. I think the staff has probably 8 or 10 items in the report that we need to finish up with and I think we actually have a revised drawing for them right now that solves all those issues and hopefully will resolve that. If not we're confident we can. As far as the deck encroachments, I think like we said from what's allowed today we're encroaching a foot and a half on the east side and 1.7 feet on the west side is a maximum encroachment in addition to the 7 feet that's allowed and in order to maintain the 24 foot streets, which staff was very strong wanting to have, and also then to make sure we had 25 foot average driveways to make sure we had enough parking in front of them, it was important to kind of be able to just slide that extra foot and a half each direction. I think, and one of the questions you currently had, the parking below on the circle is 22 stalls currently and then there was another, I think it was approximately 24 stalls that was to be created to the north when you had a higher density condo unit needing more parking, and in this case with the townhomes it's not necessary. In fact currently very few of those stalls get used by the current residents and they're part of the parking allowed for the whole neighborhood so. I think other than that we're just open for whatever questions you have. Mayor Furlong: Alright. Any questions of the applicant? Councilman Laufenburger Councilman Laufenburger: Thank you Mr. Mayor. You addressed, Mr. Waldo, thank you. You addressed the market situation that causes you to change this. Obviously this, you're bringing this forward for future development. When do you anticipate that the need based on market conditions, when do you anticipate that you will commence the sale and the building in this area because I think you still have some lots that are open, is that correct? Mike Waldo: Currently of the 22 homes that we had on the very front end, we have 5 that are not sold at this point. Councilman Laufenburger: Okay, so you have 5. Mike Waldo: We're actually planning to start construction this fall on the development itself with the grading work and the utilities. Not sure if we'll get blacktop this year but our expectation is to start a model in the spring but if we don't get a lot of work done this fall, all of a sudden we're you know three quarters the way through next year before we can deliver a completed home. The units on both side, the east and the west, those are the very same Winfield Home that we're currently building on the golf course along the front. Councilman Laufenburger: Yep. Yep 10 Chanhassen City Council — S•mber 24, 2012 • Mike Waldo: And we have one of those sold. A couple interest in a couple more and we only have originally 6 of those available on the course so we're feeling very strongly that we'll have units, people moving into this yet next year. Councilman Laufenburger: And you used the term a villa home. I'm assuming that's the single home that would be adjacent to the trail, is that right? Mike Waldo: Correct. Yeah, the twin homes and the villa home is the exact same product. Councilman Laufenburger: It's only half. Mike Waldo: Just a half. Councilman Laufenburger: Okay. Are you concerned at all about the sound of the highway, 212 coming over the barrier or what do you hear from residents right now? Mike Waldo: We've heard nothing from the residents. We've been out there multiple times. In fact we took a lift up and went up to the various levels of the floors when we looked at the condo and the apartment and it's amazing how minimal that effect is really when you start putting it you know almost 100 feet back from the homes and I think the wall's probably 16 to 18 feet tall in most areas. We're looking as part of the MnDOT proposal we have for them is doing some additional berming which would even reduce the look of the wall, and again the lanes are actually somewhat lower even than the wall on the other side so you're really not getting anything coming across. Councilman Laufenburger: Okay. Thank you. It'll be a great addition to the community. Thanks Mr. Waldo. Thank you Mayor. Mayor Furlong: Thank you. Other questions of the applicant? Councilman McDonald. Councilman McDonald: I believe when we were talking about the way the property is set up, who takes care of the space between, I guess where the trees are and the wall? Is that part of the association or is that part of the homeowners? There's about 50 to what, 100 feet there from where I guess that tree line is to where the wall's at, is that correct? Mike Waldo: Yes. Currently, unless we can strike a deal with MnDOT it will remain as it is today. Natural and untouched. Our goal is to allow us to do some additional grading in there. Do some probably some wild flower seed mixtures along with some trees and shrubs and then we would look at the maintaining of it but probably only like 4 times a year mowing it just to keep it down to a more natural, unless we can get enough fescue and other grasses in to where we aren't required to mow at all. That would be our goal. Councilman McDonald: Okay, then on the east side there, is that property line between Chan and Eden Prairie so where the trail's at, I take it that that's on Eden Prairie. Mike Waldo: That's correct. Councilman McDonald: Okay. No further questions, thank you. Mayor Furlong: Thank you. Any other questions for the applicant? Okay, thank you. Ms. Aanenson, question on the PUD. This is a PUD and the PUD's covering not just this portion of the site but basically the, there you go. When we first started looking at the PUD for this development, what was the purpose 11 Chanhassen City Council — oember 24, 2012 • for going forward with the PUD and the intent? The balance that we do that with zoning because this was, as you mentioned before, was in the zoning prior to redevelopment of this site as a high density residential use so maybe back up. Help us understand what the purpose and intent of the PUD was. Kate Aanenson: Yes, thank you. When we did the PUD at this time there was actually going to be 3 types of uses in there. You had two builders that went in initially and then the condominium project so there was going to be, you know it's actually complex. You have a master development plan and then within that there's also specific associations underneath all that so the master development plan is for the amenities of the site. There is a pool and club house and then they have a beachlot and then as part of beachlot they also have the docks and the boating rights which was permitted with the original because they meet the criteria with the original PUD so that's part of the master agreement. So everybody, no matter which association you lived in or which development benefitted from those master amenities. So within that then we had the condominium projects that were to take advantage of the views of the lake and then one on the back side and that helped us meet some of the goals for this project. So as time went on the two projects had two different developers moved forward and then the condominiums failed to come to the market so we changed those first two and that's where we're seeing kind of the continuation of that same theme after we worked really hard on the back side to try to get something there. So that was the purpose really so you could have different types of product but still have the benefit of it being a part of a larger association. Mayor Furlong: Okay, and in the end by going forward with this are we still accomplishing some of those goals? Kate Aanenson: I believe so. You know I think the main goal is to keep the project intact and we were concerned about that. Making sure that, people that already bought into that neighborhood and that association would still be able to benefit from that because there was a threat of some of those amenities going away so I think that's one goal to accomplish, to try to keep that intact and provide some other housing opportunities. I think we have some other mixes in there with a little bit smaller units and they're providing another opportunity for some people to get in there but as they've stated it's the permits are going through. It's moving, which is good. It's been a little bit longer coming to get it all the way through to the market so that's a positive. Mayor Furlong: And so by starting with the master development plan and then peeling back at each stage different aspects of this project went forward at different times but you still have that master plan that we're working with. Kate Aanenson: Correct Mayor Furlong: And while the plan was to have, if I'm understanding this correctly, higher, some different potentially some different densities within the whole unit, still it fits within the guidance from a density standpoint. This proposed amendment would still. is lessens what the overall perhaps master plan originally intended but. Kate Aanenson: And I think too, I think the vision too was to provide some other housing opportunities and we didn't have a lot of condominiums. Kind of that you know that took advantage of the golf course view and the lake view. We didn't have those types of housing and when we look at a project like this we always say is there, is there an opportunity to get a product we don't have a lot of in this city. At that time it was very viable. Shortly thereafter the market changed and so , then you have to kind of go back and say well, let's see if we can, how long this is going to stay that way. Like I said we really worked hard and the developer worked really hard to try to make something happen on all the parcels to make it work and bring it to market but ultimately you have to balance that with the market forces and what's going to 12 Chanhassen City Council — Smber 24, 2012 • be received and how long do you want to sit it there and part of the issue too is you have people here that are into the master development that are paying those that would like to see other residents come in and finish out their project that they're living in. Finish out their neighborhood so. Mayor Furlong: Okay, thank you. There is an element with regard to a vacation of drainage and utility easement. Mr. Oehme, do you have any staff report on that aspect or did we cover it? Kate Aanenson: Yeah I think so Mayor Furlong: I mean basically it's just, it's the area that. Kate Aanenson: It's this area here. Yeah, it's the vacation kind of where we talked about here where we actually yep, and then so it's those two drainage utility easements and then the trail easement. Mayor Furlong: And will those, all those easements will be vacated and replaced as appropriate with the new plat? Kate Aanenson: Correct Paul Oehme: Yeah, there's private utilities Mayor that they will also have to be relocated potentially with the project so. Mayor Furlong: And so generally when we do these, we vacate it subject to receiving the... (Due to technical difficulties there was a short break in the taping of the meeting at this point.) Mayor Furlong: Any other questions? Councilman Laufenburger: By the way it's a good birdie hole. Kate Aanenson: So excuse me Mayor, we do need to open a public hearing for this then. Mayor Furlong: So let's go ahead then and open the public hearing with regard to a vacation, the request to vacate the drainage and utility easements. I'd invite all interested parties to come forward to the podium and state your name and address for the record. No one? Without objection then we'll close the public hearing. Again a public hearing was held at the Planning Commission with regard to this project and so with that let's bring it back to the council for comments and discussion. I'll tell you, I like the project. I am very hesitant to approve changes because of market conditions. We've seen that over time. This is a change within a PUD as opposed to a zoning change. We've had different requests where changes to either existing zoning, because of densities or land that was guided for a certain zoning to be changed. I know those have gone through the Planning Commission which many council members have served and on the council so I'm always hesitant where the reason is market conditions. That's why we have to make a change and I know that others have expressed that in the past too. I think here, because it's a portion of a PUD and that current PUD permitted uses already includes this type of use. It's more of an expansion of an approved use within there as opposed to a specific change so I'm comfortable with this because of the specific circumstances here but I did want to just mention for the record that market conditions in and of itself to me rarely justify a change for a zoning. Here again I'm comfortable with it because it's already a permitted use and it's a portion and again what helped me gain some comfort was Ms. Aanenson's comments about originally there was a master plan in place. Within that master plan there were different uses and different, it was a way to look at the entire site rather than just a portion of it and this is a continuation of that development so. Sometimes when you do a master plan everything 13 Chanhassen City Council — SeRember 24, 2012 • doesn't fall into place and we realize that and I think this might be one of those situations where a change along the way similar to earlier changes were justified. But I did just want to mention that personally and I think for a variety of reasons that we've discussed before market conditions in and of itself really don't provide justification when we're dealing with changing in zonings and guidance and such like that. But overall I would support this for reasons stated and I think that it's going to be a good addition to an already good development plan, neighborhood in that area. If there are other comments, I'd be happy to entertain those or certainly a motion. We have, we can, without objection let's do all the motions in a single motion. Any comments or would somebody like to make a motion? Councilwoman Ernst: I'll make a motion Mayor Furlong: Councilwoman Ernst, thank you. Councilwoman Ernst: So I can make these in a single motion right? Mayor Furlong: Without objection I encourage you to, yes. Thanks. Councilwoman Ernst: I make a motion that we approve the ordinance amending the PUD zoning standards for Lakeside as well as the preliminary plat for Lakeside 7's Addition creating 17 lots and 7 outlots subject to conditions in the staff report as well as the site plan #2012-11 for a 17 unit townhouse project in the Lakeside development with setback variances to permit decks to encroach into setback subject to the conditions in the staff report and adoption of the Planning Commission Findings of Fact. Mayor Furlong: Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Question's been made and seconded. Councilman Laufenburger: Do we need an amendment to include the vacation of the utility? Mayor Furlong: Alright. Councilman Laufenburger: Yeah, if you look at the screen. Mayor Furlong: And adoption. I don't think that was included with your motion. Councilwoman Ernst: Oh, okay. And adoption of the resolution to vacate the drainage and utility easements in Outlots A and D and vacate the trail easement in Outlot C and D. Mayor Furlong: And again subject to conditions in the staff report. Councilwoman Ernst: Yes. Mayor Furlong: Thank you. Still a second? Thank you. Motion's been made and seconded. Any discussion on the motion? Hearing none let's proceed with the vote. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the ordinance amending the PUD Zoning Standards for Lakeside subject to the following conditions and adoption of the attached Findings of Fact and Recommendation. 14 Chanhassen City Council — S• tuber 24, 2012 0 A. Planned Unit Development — Residential Amendment revising sections b and c of the zoning standards as follows: b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses; and -condominium buildings and their ancillary uses. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the preliminary plat for Lakeside 7h Addition creating 17 lots and 7 outlots, plans prepared by Pioneer Engineering, dated 08-03-12, subject to the following conditions: Engineering Conditions: 1. The developer must provide staff with the estimated amount of material that will be hauled off of and onto the site, the schedule for the hauling, and the haul route. 2. The grading plan must be revised such that the grades do not exceed 3:1. 15 Setback Standards Highway 212 20 feet East(Perimeter) Lot Line 50 feet - townhouses; 30 feet - twin homes; Building Height of the Condominiums with a minimum of 30 feet Lyman Boulevard 30 feet West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50% Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the preliminary plat for Lakeside 7h Addition creating 17 lots and 7 outlots, plans prepared by Pioneer Engineering, dated 08-03-12, subject to the following conditions: Engineering Conditions: 1. The developer must provide staff with the estimated amount of material that will be hauled off of and onto the site, the schedule for the hauling, and the haul route. 2. The grading plan must be revised such that the grades do not exceed 3:1. 15 Chanhassen City Council — Sep'tember 24, 2012 • 3. The grading for the proposed sidewalk connection from Lake Riley Drive to the regional trail in Eden Prairie must be revised to reduce/eliminate the retaining wall and eliminate the drainage directed to the side of the unit on Lot 7, Block 4. 4. The lowest openings for Lots 1 through 3, Block 3 must be a minimum of 18 inches above the emergency overflow. 5. If retaining walls are necessary along the sidewalk, fencing may be required. 6. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 7. The watermain within Driveway A and Driveway B shall be extended to the north end of these private streets with hydrants installed at the end. 8. Each new lot is subject to the sanitary sewer and water hookup charges in effect at the time of final plat approval. 9. All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates. 10. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 11. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County and Watershed District. 12. The developer must provide an exhibit showing the location of the utilities and the proposed drainage and utility easements in order to determine if the easements can be vacated. If there are any conflicts with the small utilities location, the developer will be responsible for any relocation costs. 13. This development is adjacent to Lyman Boulevard; therefore, the Collector and Arterial Roadway Improvement Charge shall be collected with the final plat. Park & Recreation Conditions: 1. The developer shall pay $78,600 in park dedication fees for Lakeside 7ie Addition concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. 2. The sidewalk south of Lot 7, Block 4 connecting the Lakeside area to the newly -installed Eden Prairie trail, as depicted in the applicant's plans, shall be installed concurrent with development of Lot 4 units and a 15 foot -wide public walkway easement centered on the newly installed sidewalk be dedicated to the city. Planning Conditions: 1. The developer shall designate Lots and Blocks on the final plat. Water Resources Specialist Conditions: 16 Chanhassen City Council — S• mber 24, 2012 • 1. The developer shall obtain an NPDES Construction Permit. 2. The city shall be provided with a copy of the SWPPP for review and comment. 3. The erosion and sediment control plan shall be amended to be consistent with Chapter 19, Section 145 and the NPDES Construction Permit including Appendix A and Appendix C. 4. The site shall meet the water quality requirements of the NPDES Construction Permit. 5. The design of the rain gardens should be consistent with the Minnesota Stormwater Manual and in particular Chapter 12-6 including; a. The underdrain should be 8 -inches in diameter. b. The underdrain should not be wrapped in a sock. c. The underdrain should be in a minimum of one -foot of double washed, 1-1/2 inches in size. This should be wrapped in high permeativity blanket or a choker course of washed pea gravel. d. The timing of construction shall be clearly spelled out on the plans and specification manual and shall be consistent with the Minnesota Stormwater Manual. This means that the impervious surfaces shall be constructed and the pervious surfaces covered with dense vegetation prior to introduction of water to the system. e. Minimum depth of the prepared soils shall be 30 -inches. f. Provide water quality volume (Wqv) calculations. Include new impervious surface calculations used to calculate Wq,,. 6. The model should be run with an assumed infiltration rate no higher than 0.2 inches per hour unless data from an infiltrometer or other suitable field data is provided confirming the higher infiltration rate. 7. The drainage map should show drainage areas for both rain garden A and rain garden B. 8. The developer shall enter into a maintenance agreement with the City making the developer or their proxy responsible for maintenance of the rain garden areas. 9. The outfall for the drain tile shall be pulled back away from the wetland such that it discharges at the edge of the buffer rather than in the wetland. Energy dissipation shall be provided and shown on the plan. The profile of the underdrain needs to be shown on the utility plan. 10. Energy dissipation shall be provided at the outfalls into the rain gardens. A forebay is highly recommended to minimize future maintenance needs. 11. Surface Water Management fees due at the time of final plat are estimated to be$33,137.35. The applicant shall provide a breakdown of the necessary areas. 12. The wetland and the required buffer shall be placed into a outlot separate from Outlot C. This outlot shall be dedicated to the city. 13. Indicate the date of the delineation and the entity responsible for the delineation on the drawing. 14. City staff must review the site to determine that the delineated wetland boundary still accurately reflects the jurisdictional boundary. 17 Chanhassen City Council —Member 24, 2012 • 15. City staff must review the wetland buffer to assure that at least 50% of the remaining vegetation is native. If not, the applicant must develop a management plan to accomplish this goal. 16. Wetland buffer monuments are required. The location of these shall be indicated on a plan sheet and surety funds shall be provided at the time of final plat to ensure that these monuments are installed. 17. Permits from the appropriate regulatory agencies will be required, including the MPCA, NPDES, Dept. of Health, Carver County, MnDOT and Watershed District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve Site Plan #2012-11 for a 17 -unit townhouse development consisting of 10 twinhomes, 1 detached townhouse (Villa) and 6 three -unit townhouses, plans prepared by Pioneer Engineering, dated 08- 03-12, with a 1.5 -foot variance to permit the decks to project 8.5 feet into the required yard along the eastern project boundary (21.5 -foot setback), and a 8.7 -foot variance to permit decks to be set back 21.3 feet from the wetland buffer edge subject to the following: Building Officials Comments: 1. Buildings over 9,250 square feet in area (floor area to include all floors, basements and garages) must be protected with an automatic fire protection system. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over four feet high require a design by a professional engineer, a building permit, inspections and final approval. 4. Walls and projections within 5 feet of property lines are required to be of one-hour fire -resistive construction. 5. Buildings are required to be designed by an architect and engineer (licensed in the State of Minnesota) as determined by the Building Official. 6. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Environmental Resource Specialist Conditions: 1. The applicant shall provide 7 overstory, 11 understory and 19 shrubs along the north property line; at least 7 overstory, 14 understory and 21 shrubs along the east property line of outlot C or landscaping consistent with the existing buffer to the south. 2. A revised landscape plan that meets minimum requirements must be submitted to the city before final approval. Provide screening for proposed homes adjacent to Lake Riley Drive. Locations include south of the homes in Block 3, on outlot E as well as south of the homes in Block 1. 18 Chanhassen City Council — September 24, 2012 Fire Marshall Conditions 1. A three-foot clear space shall be maintained around the circumference of the fire hydrants per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. Submit proposed street name(s) to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Note: duplicate street names will not be accepted. 4. Prior to building construction, approved temporary street signs must be installed. Planning Conditions: 1. The developer shall enter into a site plan permit with the City and provide the financial security required by it. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council adopt the Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2012-50: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council adopt a resolution to vacate the drainage and utility easements in Outlets A and D, Lakeside, and vacate the trail easement on Outlots C and D, Lakeside, as shown on the attached surveys prepared by Pioneer Engineering. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate all your efforts REQUEST FOR METES AND BOUNDS SUBDIVISION CREATING TWO LOTS ON PROPERTY ZONED AGRICULTURAL (A2) AND CONSIDER APPROVAL OF DEVELOPMENT CONTRACT, 1551 LYMAN BOULEVARD: APPLICANVOWNER: RICK DORSEY, PPB HOLDINGS. LP. Mayor Furlong: Is there a development contract with this? Kate Aanenson: No. Mayor Furlong: No, so strike that last aspect. It's simply a request for metes and bounds subdivision Kate Aanenson: Yeah, it is with a resolution. Mayor Furlong: Let's go to a staff report and you can tell us what we're going to do. I've done the appropriate introduction. Everybody knows where we are. Kate Aanenson: Sorry, thank you. Lost my staff report. I'm sorry. Thank you. This is a metes and bounds subdivision as stated creating first there's a metes and, excuse me. Administrative subdivision prior to that that's creating two 20 acre parcels from that. There's an application to split that. The subject 19 CITU OF CllANHAS3EN 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 MEMORANDUM TO: Paul Oehme, Director of Public Works/City Engineer ` FROM: Alyson Fauske, Assistant City Engineer all� DATE: September 24, 2012 Dile-11A SUBJ: Easement Vacations within Outlots A and D, Lakeside Planning Case No. 12-11 PROPOSED MOTION "The City Council is recommended to adopt a resolution to vacate the drainage and utility casements in Outlots A and D, Lakeside, and vacate the Trail Easement on Outlots C and D, Lakeside, as shown on the attached surveys prepared by Pioneer Engineering. City Council approval requires a simple majority vote of the City Council present. BACKGROUND Finance The existing drainage and utility easements on Outlots A and D, Lakeside and the trail Phone: 952.2271140 easement on Outlots C and D, Lakeside were dedicated when the land was final platted. The Fax: 952.2271110 proposed development within this area differs from the preliminary plan, therefore the developer proposes to vacate the easements and rededicate accordingly. 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 Public Works 7901 Park Place 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 There are some existing private utilities within the existing drainage and utility easement on Outlots A and D, Lakeside. The developer has submitted a drawing to illustrate that these utilities will be within a new easement, with a minimum of four feet from the utility to the edge of the easement. The 30 -foot drainage and utility easement on the east side of Outlot D, Lakeside was for future storm sewer. The final development of this area differs from the original plan and the storm sewer and corresponding easement are no longer necessary. The development plan for the Lakeside development included a connection from the sidewalks within the development to the trail to the east, within Eden Prairie. Due to the proposed change in housing units in the area, the alignment of this sidewalk connection will be changed. A new easement will be dedicated with the Lakeside 7th plat. Due to the timing of the public hearing for the vacations and the anticipated date of final plat approval, staff recommends that approval of the easement vacations be contingent upon approval of the Lakeside 7th final plat. Staff recommends approval of the easement vacations subject to City Council approval of the Lakeside 71h Addition final plat. Attachments: 1. Resolution 2. Drawing and legal description of vacation 3. Notice of Public Hearing/Affidavit of Mailing 4. Sketch showing location of existing utilities G:\ENGwacations\Lakeside 71h - PC 12-1 I\09-24-2012 CC memo.doex Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 24, 2012 RESOLUTION NO: 2012- 11511"1 VTIT61:l F SECONDED BY: A RESOLUTION VACATING DRAINAGE & UTILITY EASEMENTS ON OUTLOT A, LAKESIDE AND OUTLOT D, LAKESIDE AND FOR THE VACATION OF THE TRAIL EASEMENT ON OUTLOT C AND OUTLOT D, LAKESIDE PLANNING CASE FILE NO. 12-11 WHEREAS, Ron Clark Construction is requesting to vacate the easements on Outlot A, Lakeside and Outlot D, Lakeside and for the Vacation of the Trail Easement on Outlot C and Outlot D, Lakeside; and WHEREAS, the existing drainage and utility easements were acquired by the City in 2010; MI NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the easements on Outlot A, Lakeside and Outlot D, Lakeside and for the vacation of the trail easement on Outlot C and Outlot D, Lakeside as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 20 day of September, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT :JI/I II� nUUll IV�i EmDENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 60 30 0 60 Scale in Feet JLV VIeV nvuiTivi r PROPOSED DESCRIPTION TO A VACATE A PORTION OF DRAINAGE AND UTILITY EASEMENT. That part of Outlet A, LAKESIDE. acc ding to the recorded plot thereof. Carver County, Minnesota, lying within an 11.00 foot wide strip of land, the northerly line of said 11.00 foot wide strip Is described as follow.: n� 1 A Ail !l. r` �� A INV-✓J,(Y \Ll 1 c] y I CC I a it .[ CD ft 439011° aTi�iPdg' --q'tr tlq I 4J ID eo IO "'iI✓y ll DRAIN ��AGE ANO Unutt[As[MENTra`•-4'R% / ly, y :..•.�;fyOC �ROl T �V:.+-ahaD� tops, /tl•In'OrD O \ D.? 4t�� .::;✓ �'':::. 4, sAjN �..LcFgpdA° N Al TiiiRu J L.nl(c�ivc I e ES01 [y L II�LJIVC C ^li Mmn•. Pr-r.nl.ln :JI/I II� nUUll IV�i EmDENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 60 30 0 60 Scale in Feet JLV VIeV nvuiTivi r PROPOSED DESCRIPTION TO A VACATE A PORTION OF DRAINAGE AND UTILITY EASEMENT. That part of Outlet A, LAKESIDE. acc ding to the recorded plot thereof. Carver County, Minnesota, lying within an 11.00 foot wide strip of land, the northerly line of said 11.00 foot wide strip Is described as follow.: AM NORTH E3"' o ozm ayma C7 C7 oaz _i o-' Rv M, A5 TR 0 Ngo g 90 oa & m >mA M > 00 as o m A Cr pz GO L. Fig 2'. C) Z. N q - T u) �'A �z NA DA m > OD 0 > ZW Ao m of CJ �z flm > v;8 � ---- — — — — — — — --- — >..................... A S-. BEARPA'.1ri 13RD ;,DDI 109: Pit EERengineering CaWd File: i imn-vA Ano smcli-D&U Description Sketch for: Folda#: 7446 RON CLARK CONSTRUCTION, INC. 24M E� (01) Ul 1914 F-:01-a Dmby: NX A``T IVLL-\VI 'f PI(♦ Ill NER T A ^ \ 1 \ r ` n \ v♦l • NES� Ot D. pwmlC^J\^ nr i�n1 i ♦ .♦IVL`� T �\ IV11\ Cot" 1♦IV In I I o o 30 Ts0 30 � �. v ma o eN x r, 1 Scale in Feet o DENDT CASEMENT TRAIL �J ' V T 6e♦t •1 ((.. r•Xr''"':i: i}�il3:ii5 FASF]AENT TO 1 r 1 n5t':-:Zc:'Y::i:::::.....-::..�::...::::. p F— BE VACATED .. yT G -- ..... of J ::';:::� J -' n (O 4:':' ., C.r 1 'i�iiFr !viF'=ice vv 1 L_V 1 v 'IJ i .....f............ \ T o —' N LINE OF OUR—OT B (Yj `. i LAKESIDE SEVENTH ADDITION \ Al Y IL/AI<'^I F_ .� '.r.0LJIV� i.. X rr.nnrn �i i I JLIi VIVV " J A nnIT111I r -`, I I _ / VLJ111V1 I l PROPOSED DESCRIPTION TO A PORTION OF A VACATE MAIL EASEMENT CREATED BY DOCUMENT NO.A454736 A 20.00 fool eamement far trot purposes ova, Order, and across that part of Outlat C and Outlol D. LAKESIDE, according to the recorded plat thereof. Cores County, Minnesota, the centerline of said easement is described as follows: Commencing at the northeast coma of said Outlot D; thence South OO degrees 70 minutes DO seconds East. assumed bearing along the east line of said Cutlot D. 259.69 feet to the beginning of the centerline to be desmbed; thence South 89 degrees 40 mutes 00 seconds West. 16.98 feet; thence southwesterly 33.27 feel along a tangential curve concave to the Southeast. having a radius of 49.0D feet and central ongle of 38 degrees 54 minutes 30 seconds: thence South 50 degree 45 minutes 31 seconds West. tangent to lost described curve, 35.24 feet: thence southwesterly 15.05 deet, along a tangential cu ve to the southeast, having a radius of 49.00 feet and a central angle of 17 degrees 35 minutes 52 seconds; thence scuUwestedy 21.35 feet along a reverse curve concave to the northwest having a radius of 51.00 feet and central angle of 23 degrees 59 minutes 22 seconds; thence South 57 degrees 09 minutes 01 secands West, tangent to last described curve. 54.74 feet, to the westerly Tina of said Ounol C and said centerline there terminating. Said a sement lines are prolonged or shortened to terminate at the easterly line of sold Gnat D and the westerly line of said atlots C and D. Except that part thereof lying south of the north line of Wbot B. LAKESIDE SEVENTH AMMON, according to the recorded plat thereof, Carver County, Minnesota. (THIS LEGAL DESCRIPTIM SHALL BECOME VALID UPON RECORDING THE PLAT OF LAKESIDE SEVENTH ADDITION) • THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF LAKESIDE SEVENTH A001TION. • THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS a RECORD OR UNRECORDED EASEMENTS WICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO RON CLARK CONSTRUCTION, INC. THAT THIS SURVEY, PLAN CR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERMSION. AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS WD DAY OF AUGUST, 2012. PI$NEER Cad File: 112053 -VACATION engineering SKETCH -TRAIL Description Sketch for: 651)681 19tE Folder p: 7445 RON CLARIC CONSTRUCTTON,INC. 2033 EVIeryrise Dd.e F. 681A �[aWB by: NX Ml Heigb¢, ALV 55120 wrw pioocomgaus C ZOD9 Hamar Fnziarenne CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 12, 2012, 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 Notice of Pubic Hearing for Proposed Vacation of Easements in Lakeside for Lakeside 7th Addition, Planning Case File No. 12-11 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw rn to before me this[Qf' day of 2012. Notary Public JEAN M. STECKLING Notary Public -Minnesota �v2;4. "� My C rn4sslm Bom Jan 31, 2014 L Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, September 24, 2012 at 7:00 p.m. public hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Easements Planning Case File No. 12-11 Applicant: RonClark Construction Outlot A and Outlot D, Lakeside and for the Address/ vacation of the trail easement on Outlot C and Location of Outlot D, Lakeside roposal: 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 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 September 6, 2012. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, September 24, 2012 at 7:00 p.m. public hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Easements Planning Case File No. 12-11 Applicant: RonClark Construction Outlot A and Outlot D, Lakeside and for the Address/ vacation of the trail easement on Outlot C and Location of Outlot D, Lakeside Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail afauske@ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on September 6 2012.. v � � , F 11I � : o 9 i 6 1w Disclaimer This map is neither a legally recorded map nor a Survey and is not intended to be used as aw. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and fire 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 pmeaslon in the depiction of geographic features. If ¢mors or discrepancies are found please contact 952-227-1166. The preceding disclaimer is provided pursuant to Minnesota Statutes §666.03, Subd. 21 (2009), and Me user of this map acknoWedges that the City shall not be liable for any damages, and etaressly waives all claims, and agrees to defend, Indemnity, and hold hamiess the City from any and all claims brought by User, its employees or agents, or third pwhe whiclU arise out of the usees access or use of data pmviceo Disclaimer This map is neither a legally recorded map mor a survey and is not intended to be used as one. This map is a congilalwn of records. information and data located In various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If enors or discrepancies are found please contact 952-227-1166. The preceding disclaimer is provided pursuant W Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknoW edges that the City shall not be liable for any damages, and expressly "Nes all claims, and agrees to defend, indemnify, and hdtl harmless; the City from any and all claims brought by User, its anoloyees or agents, or third parties which arise out of the users access or use of dale provided. V... � - �,�.,v✓rpt h I R � Af ' /• r-. it �� ,�— � �,-,• n:. r� � it Tr K" � r� Tr o ,u 1; rT Disclaimer This map is neither a legally recorded map mor a survey and is not intended to be used as one. This map is a congilalwn of records. information and data located In various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If enors or discrepancies are found please contact 952-227-1166. The preceding disclaimer is provided pursuant W Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknoW edges that the City shall not be liable for any damages, and expressly "Nes all claims, and agrees to defend, indemnify, and hdtl harmless; the City from any and all claims brought by User, its anoloyees or agents, or third parties which arise out of the users access or use of dale provided. AMY L FREDRICKSON ANDREW & SARAH PUNCH ANDREW B HOPPER 8611 LAKE RILEY DR 8724 NORTH BAY DR 181 LAKEVIEW RD E CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7625 ANDREW N STRAUSS ANGELA L CILIBERTO ANTHONY C BELL 8753 N BAY DR 248 APPLEBLOSSOM LN 8716 NORTH BAY DR CHANHASSEN MN 55317-7624 SHAKOPEE MN 55379-8248 CHANHASSEN MN 55317-7624 BEVERLY AGHELNEJAD BILL & MARY BETH KITTELSON CAROLE K BASTASZ 8659 LAKE RILEY DR 8791 LAKE RILEY DR 179 LAKEVIEW RD E CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-7625 CAROLYN V MORIMITSU CATHI M LEE CRAIG M SHAFFER 8769 NORTH BAY DR 110 E 1ST ST APT 224 8768 NORTH BAY DR CHANHASSEN MN 55317-7624 CHASKA MN 55318-2198 CHANHASSEN MN 55317-7624 DAVID GORONKIN DAVID ST PETER DIANE E HOFF 412 ARENOSO LN # 310 8619 LAKE RILEY DR 8740 NORTH BAY DR SAN CLEMENTE CA 92672-1651 CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 DIANHAI DU EDWARD M RYAN ELIZABETH J SARNESE 7463 TRISTAN KNL 2062 TINDRA CIR 8791 NORTH BAY DR EXCELSIOR MN 55331-7404 ERIE C080516-4041 CHANHASSEN MN 55317-7624 FRANK & JULIANA HAVERTY MOLEK GARY F & JOAN M ROETHLE REV TR HELEN ZWAK 8620 LAKE RILEY DR 8776 LAKE RILEY DR 8636 LAKE RILEY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-4501 HIGHLANDS AT LAKESIDE OWNERS HOME FEDERAL SAVINGS BANK A 7100 MADISON AVE W 5201 EDEN AVE #170 GOLDEN VALLEY MN 55427-3602 EDINA MN 55436-2356 JAMES B & MARIANNE TIFFANY 8612 LAKE RILEY DR CHANHASSEN MN 55317-4501 JAMES N AKERHIELM 8728 NORTH BAY DR CHANHASSEN MN 55317-7624 JAMES A & DENISE A CADRES 8751 LAKE RILEY DR CHANHASSEN MN 55317-4562 JAMES T & SUZANNE FRANKLIN 8735 LAKE RILEY DR CHANHASSEN MN 55317-4562 JASON R EIDE JEFFREY JORGENSEN JEFFREY R MALLOW 8761 NORTH BAY DR 8667 LAKE RILEY DR 9565 TIMBERWOOD RD CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4501 CHASKA MN 55318-9410 JEREMY LAUGHLIN JONATHAN D MUSBERGER JOYCE A BENNETT 520 CASCADE DR 8735 NORTH BAY DR 8789 NORTH BAY DR CHASKA MN 55318-1884 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 JOYCE G GLEASON KEITH W & STACY A CARLSON KELLY R MORRISON 3125 W SUMMIT BLVD 8743 LAKE RILEY DR 8773 NORTH BAY DR LINCOLN NE 68502-7624 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-7624 KURT R SCHNEIBER LAKESIDE MASTER ASSOCIATION IN LAND HOLD CO LLC 8759 LAKE RILEY DR 7100 MADISON AVE W 3080 CENTERVILLE RD CHANHASSEN MN 55317-4562 GOLDEN VALLEY MN 55427-3602 LITTLE CANADA MN 55117-1185 LEE N GOLDSTEIN LESLIE M BERGSTROM LYNN A BUCHHOLZ 8747 NORTH BAY DR 8781 NORTH BAY DR 8744 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 MARK MOILANEN MARK W LINDNER MARY J BACHEL 8635 LAKE RILEY DR 8785 NORTH BAY DR 8739 NORTH BAY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 MATTHEW J THILL MATTHYS J COETZEE MELISSA KAY BROWN 8790 NORTH BAY DR 8768 LAKE RILEY DR 8751 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 553174562 CHANHASSEN MN 55317-7624 MICHAEL J LEEMAN MITCHELL S & CINDY L VENESS NANCY A SAMPSON 8711 NORTH BAY DR 8794 NORTH BAY DR 8765 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 NATHAN & HILARY TREGUBOFF NATHANIEL R PAYNE NORTH BAY HOMEOWNERS ASSN 8720 NORTH BAY DR 8767 LAKE RILEY DR INC 2681 LONG LAKE CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4563 ROSEVILLE MN 55151 13-1128 RICHARD A POWERS ROBERT MORROW ROBERT W JACOBSON 8627 LAKE RILEY DR 8731 NORTH BAY DR 8628 LAKE RILEY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4501 RYAN A & JANE M WENNING SALLY O'HALLORAN SCOTT B & SHANNON MCWHITE 7284 ROLLING ACRES RD 8707 NORTH BAY DR 8772 NORTH BAY DR EXCELSIOR MN 55331-7745 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 SHEILA ISAACSON STATE OF MINNESOTA - DOT SUSAN M LETNER 8736 NORTH BAY DR 1500 W COUNTY ROAD B2 PO BOX 220 CHANHASSEN MN 55317-7624 ROSEVILLE MN 55113-3174 CHANHASSEN MN 55317-0220 TERI R HELLING TERRI LYNN BAUMBERGER THE LAKESIDE MASTER ASSN 8780 NORTH BAY DR 8719 NORTH BAY DR 7100 MADISON AVE W CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 GOLDEN VALLEY MN 55427-3602 THE LIBERTY AT LAKESIDE THOMAS C WITHAM TINA A PENN OWNERS 8727 NORTH BAY DR 8759 NORTH BAY DR MINNETONKA MN 5553343-9140 6109 BLUE CIRCLE CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 TONYA L BATES WALTER E KOTCH WILLIAM & JOANNE EDLEFSEN 8755 NORTH BAY DR 8757 NORTH BAY DR 8775 LAKE RILEY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4562 WOODDALE BUILDERS INC BEARPATH GOLF/COUNTRY CLUB RANDALL K ZANATTA & NANCY S 6109 BLUE CIRCLE DR STE 2000 LP RINGEISEN ZANATTA MINNETONKA MN 55343-9185 18100 BEARPATH TRAIL 18707 BEARPATH TR EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 MID & WARREN BIELKE MARK & JANE WAGNER DONALD & VIRGINIA EAMES 18718 BEARPATH TRAIL 18743 BEARPATH TRAIL 18755 BEARPATH TRAIL EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE MN 55344 9 CITY OF CHANHASSEN F-1 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 12, 2012, 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 Notice of Pubic Hearing for Proposed Vacation of Easements in Lakeside for Lakeside 7`h Addition, Planning Case File No. 12-11 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw rn to before me thisIQ4' day of a pl. , (z , 2012. Notary Public JEAN M. STECKLING Notary Public -Minnesota My Commission EVim Jan 31, 2014 Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, September 24, 2012 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposed Vacation of Easements Proposal: Proposed Vacation of Easements Applicant: Planning Case File No. 12-11 Applicant: RonClark Construction Address/ Outlot A and Outlot D, Lakeside and for the Address/ vacation of the trail easement on Outlot C and Location of Outlot D, Lakeside Pposal: A location map is on the reverse side of this notice. What is a 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 What the meeting, the Mayor will lead the public hearing What through the following steps: happens 5. Staff will summarize the vacation request. 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 Questions & 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 Notice of this public hearing has been published in the Chanhassen Villager on September 6, 2012.. Council). Notice of this public hearing has been published in the Chanhassen Villager on September 6, 2012. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, September 24, 2012 at 7:00 p.m. public hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Easements Planning Case File No. 12-11 Applicant: RonClark Construction Outlot A and Outlot D, Lakeside and for the Address/ vacation of the trail easement on Outlot C and Location of Outlot D, Lakeside Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 5. Staff will summarize the vacation request. meeting: 6. The applicant may comment on the request. 7. Comments are received from the public. 8. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail afauske@ci.chanhassen.mn.us if you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on September 6, 2012.. z I R i t r_ I Disclaimer This map is neither a legally recorded map nor a savvy and is not intended to be used as one. This hal is a compilation of records, information and data located in varkws city, county, state and federal offices and other sources regarding the area shown, and is W be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking a any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. t ends or discrepancies are found please contact 952-227-1164. The preceding discerner is provided pursuant to Minnesota Statutes §466.03, Sund. 21 (2000), and the user of this map acknowledges that the City shall not he liable M any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which anse put of the use's access or use of data provided. ♦ '- ♦ � f r ('v x n s t• 1 , 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 dam located in various aty, county, state and federal offices and other sources regarding the area shown, and is W be used for reference purposes only. The Gty does not warrant that the Geographic Information System (GIS) Data used W prepare this map are enor free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please wntacl 952-227-1161. The preceding disclaimer is provided pursuant W Minnesota Statutes §466.03, Si 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and exprrealy waives all c aims, and agrees to defend, indemnify, and hold hamiless the City from any and all clams brought by User, its employees or agents, or third Parties whits arise out of the uses access or use of data provided. E AMY L FREDRICKSON ANDREW & SARAH PUNCH ANDREW B HOPPER 8611 LAKE RILEY DR 8724 NORTH BAY DR 181 LAKEVIEW RD E CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7625 ANDREW N STRAUSS ANGELA L CILIBERTO ANTHONY C BELL 8753 N BAY DR 248 APPLEBLOSSOM LN 8716 NORTH BAY DR CHANHASSEN MN 55317-7624 SHAKOPEE MN 55379-8248 CHANHASSEN MN 55317-7624 BEVERLY AGHELNEJAD BILL & MARY BETH KITTELSON CAROLE K BASTASZ 8659 LAKE RILEY DR 8791 LAKE RILEY DR 179 LAKEVIEW RD E CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-7625 CAROLYN V MORIMITSU CATHI M LEE CRAIG M SHAFFER 8769 NORTH BAY DR 110 E 1 ST ST APT 224 8768 NORTH BAY DR CHANHASSEN MN 55317-7624 CHASKA MN 55318-2198 CHANHASSEN MN 55317-7624 DAVID GORONKIN DAVID ST PETER DIANE E HOFF 412 ARENOSO LN # 310 8619 LAKE RILEY DR 8740 NORTH BAY DR SAN CLEMENTE CA 92672-1651 CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 DIANHAI DU EDWARD M RYAN ELIZABETH J SARNESE 7463 TRISTAN KNL 2062 TINDRA CIR 8791 NORTH BAY DR EXCELSIOR MN 55331-7404 ERIE CO 80516-4041 CHANHASSEN MN 55317-7624 FRANK & JULIANA HAVERTY MOLEK GARY F & JOAN M ROETHLE REV TR HELEN ZWAK 8620 LAKE RILEY DR 8776 LAKE RILEY DR 8636 LAKE RILEY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-4501 HIGHLANDS AT LAKESIDE OWNERS HOME FEDERAL SAVINGS BANK JAMES A & DENISE A CADRES A 5201 EDEN AVE #170 8751 LAKE RILEY DR GOLDEN VALLEY MN 55427-3602 MADISON AVE W EDINA MN 55436-2356 CHANHASSEN MN 55317-4562 GOL JAMES B & MARIANNE TIFFANY JAMES N AKERHIELM JAMES T & SUZANNE FRANKLIN 8612 LAKE RILEY DR 8728 NORTH BAY DR 8735 LAKE RILEY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4562 JASON R EIDE JEFFREY JORGENSEN JEFFREY R MALLOW 8761 NORTH BAY DR 8667 LAKE RILEY DR 9565 TIMBERWOOD RD CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4501 CHASKA MN 55318-9410 JEREMY LAUGHLIN JONATHAN D MUSBERGER JOYCE A BENNETT 520 CASCADE DR 8735 NORTH BAY DR 8789 NORTH BAY DR CHASKA MN 55318-1884 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 JOYCE G GLEASON KEITH W & STACY A CARLSON KELLY R MORRISON 3125 W SUMMIT BLVD 8743 LAKE RILEY DR 8773 NORTH BAY DR LINCOLN NE 68502-7624 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-7624 KURT R SCHNEIBER LAKESIDE MASTER ASSOCIATION IN LAND HOLD CO LLC 8759 LAKE RILEY DR 7100 MADISON AVE W 3080 CENTERVILLE RD CHANHASSEN MN 55317-4562 GOLDEN VALLEY MN 55427-3602 LITTLE CANADA MN 55117-1185 LEE N GOLDSTEIN LESLIE M BERGSTROM LYNN A BUCHHOLZ 8747 NORTH BAY DR 8781 NORTH BAY DR 8744 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 MARK MOILANEN MARK W LINDNER MARY J BACHEL 8635 LAKE RILEY DR 8785 NORTH BAY DR 8739 NORTH BAY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 MATTHEW J THILL MATTHYS J COETZEE MELISSA KAY BROWN 8790 NORTH BAY DR 8768 LAKE RILEY DR 8751 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4562 CHANHASSEN MN 55317-7624 MICHAEL J LEEMAN MITCHELL S & CINDY L VENESS NANCY A SAMPSON 8711 NORTH BAY DR 8794 NORTH BAY DR 8765 NORTH BAY DR CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 NATHAN & HILARY TREGUBOFF NATHANIEL R PAYNE NORTH BAY HOMEOWNERS ASSN 8720 NORTH BAY DR 8767 LAKE RILEY DR INC CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4563 2681 LONG LAKE RD ROSEVILLE MN 55113-1128 RICHARD A POWERS ROBERT MORROW ROBERT W JACOBSON 8627 LAKE RILEY DR 8731 NORTH BAY DR 8628 LAKE RILEY DR CHANHASSEN MN 55317-4501 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-4501 RYAN A & JANE M WENNING SALLY O'HALLORAN SCOTT B & SHANNON MCWHITE 7284 ROLLING ACRES RD 8707 NORTH BAY DR 8772 NORTH BAY DR EXCELSIOR MN 55331-7745 CHANHASSEN MN 55317-7624 CHANHASSEN MN 55317-7624 SHEILA ISAACSON 8736 NORTH BAY DR CHANHASSEN MN 55317-7624 TERI R HELLING 8780 NORTH BAY DR CHANHASSEN MN 55317-7624 THE LIBERTY AT LAKESIDE OWNERS 6109 BLUE CIRCLE DR MINNETONKA MN 55343-9140 TONYA L BATES 8755 NORTH BAY DR CHANHASSEN MN 55317-7624 WOODDALE BUILDERS INC 6109 BLUE CIRCLE DR STE 2000 MINNETONKA MN 55343-9185 MID & WARREN BIELKE 18718 BEARPATH TRAIL EDEN PRAIRIE MN 55347 CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE MN 55344 STATE OF MINNESOTA - DOT 1500 W COUNTY ROAD B2 ROSEVILLE MN 55113-3174 TERRI LYNN BAUMBERGER 8719 NORTH BAY DR CHANHASSEN MN 55317-7624 THOMAS C WITHAM 8727 NORTH BAY DR CHANHASSEN MN 55317-7624 WALTER E KOTCH 8757 NORTH BAY DR CHANHASSEN MN 55317-7624 BEARPATH GOLF/COUNTRY CLUB LP 18100 BEARPATH TRAIL EDEN PRAIRIE MN 55347 MARK & JANE WAGNER 18743 BEARPATH TRAIL EDEN PRAIRIE MN 55347 SUSAN M LETNER PO BOX 220 CHANHASSEN MN 55317-0220 THE LAKESIDE MASTER ASSN 7100 MADISON AVE W GOLDEN VALLEY MN 55427-3602 TINA A PENN 8759 NORTH BAY DR CHANHASSEN MN 55317-7624 WILLIAM & JOANNE EDLEFSEN 8775 LAKE RILEY DR CHANHASSEN MN 55317-4562 RANDALL K ZANATTA & NANCY S RINGEISEN ZANATTA 18707 BEARPATH TR EDEN PRAIRIE MN 55347 DONALD & VIRGINIA EAMES 18755 BEARPATH TRAIL EDEN PRAIRIE MN 55347 0 0 Affidavit of Publication Southwest Newspapers NOTICE OF PUBLIC HEARING State of Minnesota) VACATION OF TRAM AND DRAINAGE & UTMITY )SS. EASEMENTS County of Carver ) CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Coun- cil will hold a public hearing on Monday, September 24, 2012, at 7:60 Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized p.m. in the Council Chambers at Chanhassen City Hall, Market agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Yl - Boulevard. The purposeose of this ger la and has full knowledge of the facts herein stated as follows: g heating is to consider the request of Ron Clark Construction for the (A) These newspapers have complied with the requbements constituting qualification as a legal vacation of drainage and utility newspaper, as provided by Minnesota Statute 33IA.02, 331 A.07, and other applicable laws, as easements on Outlot A, Lakeside amended. and Outlot D, Lakeside, and for the vacation of the trail easement on (B) The notice that is attached to this Affidavit and identified as No. % Outlot C and Outlot D, Lakeside. printed public was published on the date or dates and in the newspaper stated in the attached Notice and said A legal description and draw- raw- ingthe proposed vacation areas Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of areof are available for public review at the news specified. Printed below is a co of the lower case alphabet from A to Z, both and PY P City Hallduring regular business inclusive, and is hereby acknowledged as being the kind and size of type used in the composition , hours. and publication of the Notice: All interested persons are in- vited to attend this public hearing abcdefgh(lklmnopgrstuvwxyz and express their opinions with respect to this proposal. Alyson Fauske, Assistant Engineer 4"AALt'-4v'��City Phone: 952-227-1164 Laurie A. Hartman (Published in the Chanhassen Villager on Thursday, September 6, 2012: No. 4711) Subscribed and sworn before me on this day of Apt, 2012 N �blic JYMME JEANNE7E BARK ` NOTARY PUBUC-MINNESOTA " - MY COMMISSION EXPIRES 01131113 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 TRAIL AND DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, September 24, 2012, 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 Ron Clark Construction for the vacation of drainage and utility easements on Outlot A, Lakeside and Outlot D, Lakeside, and for the vacation of the trail easement on Outlot C and Outlot D, Lakeside. 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 September 6, 2012) SCANNED g9eng\vacationslakeside 7th - pc 12-1 ]\ph notice to paperAoc