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CAS-15_VACATION OF DRAINAGE & UTILITY EASEMENTSThomas J. Campbell Roger \. KRUtNon Elliott B. Knetsch Joel J. Jantnik Andrea MdDowell Poehler Soren M. Mattick John F. Kelly Henn A. Schaeffer, III Alina Schwartz Shana N. Conklin Ann B. SchUtt James J. Nlong , III Jerome A Potter Kurt S. Fischer Matthew K. Brokl Grand Oak Office tenter I M0 Blue ("Clltiall lto.u! quite Eaian. V 651-4;'- Fax 651-2�)4-u' «w%-.ck-law.com 0 0 CAMPBELL KNUTSON Professional Association February 23, 2018 Ms. Stephanie Smith Project Engineer c/o City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: Fawn Hill Development Dear Stephanie: I received the following original recorded documents from Custom Home Builders Title, LLC regarding the above -referenced matter for the City's file: 1. Resolution 2017-59 recorded as Document No. A651664; 2. Development Contract recorded as Document No. A651667; and 3. Warranty Deed recorded as Document No. A651671. Copies of all the recorded documents for Fawn hill were e-mailed to you September 14, 2017. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean jmo Enclosures 196617v I ssistant Friss 2 6 2616 ENG INS-nEi;u DEPT. SCANNED STATE OF MINNESOTA ss COUNTY OF CARVER Document No.A651664 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -September 14, 2017 10:37 AM Fee: $46.00 IIIIII VIII VIII III Kaaren Lewis 651664 County Recorder CERTIFICATION I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2017-59 "Vacating Public Drainage & Utility Easements on Outlot C and Outlot D, Vistas at Bentz Farms" adopted by the Chanhassen City Council on August 28, 2017 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 29th day of August, 2017. Kim T. Meuwissen, De ty Cl rk 4h �10 Custom Home Bkh. Tithe 108W Old County Road 15 Pl Mo*, MIN 55441 0 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28, 2017 RESOLUTION NO: 2017-59 MOTION BY: Ryan SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easements for right-of- way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 28h day of August, 2017. ATTE odd Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Campion J4 -&& 4 601 t3� .110 - Denny Lau enburg , Mayor ABSENT Tjomhom 0 EXHIBIT "A" Public drainage and utility easement, described as: 0 The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. • CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) 1, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that 1 have compared the foregoing copy of Resolution No. 2017-59 "Vacating Public Drainage & Utility Easements on Outlot C and Outlot D, Vistas at Bentz Farms" adopted by the Chanhassen City Council on August 28, 2017 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 29`h day of August, 2017. S Ki T. euwissen, De Jerk SCANNED • • CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28, 2017 RESOLUTION NO: 2017-59 MOTION BY: Ryan SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easements for right-of- way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easements legally described on the attached Exhibit A are hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 28'h day of August, 2017. A7 -, odd Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Campion Denny Lau enburg , Mayor ABSENT Tjornhom EXHIBIT "A" Public drainage and utility easement, described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. Chanhassen City Council — August 28, 2017 FAWN HILL: A. PUBLIC HEARING: VACATION OF DRAINAGE AND UTILITY EASEMENTS. B. APPROVE FINAL PLAT, DEVELOPMENT CONTRACT, AND PLANS AND SPECIFICATIONS. Mayor Laufenburger: Is this your's Mr. Oehme? Paul Oehme: Correct. Thank you Mayor, City Council members. This is a request for a vacation of drainage and utility easements for the Fawn Hill development. The Fawn Hill development is just off of Galpin Boulevard, kind of just west of Galpin Boulevard. It's a 10 lot subdivision. City Council did give preliminary plat approval on the, I think at the August 10 meeting. This is the vacate existing drainage and utility easements out of two outlots shown here in red that were dedicated during the Vista at Bentz Farms development. I'll show you that. So again the proposed vacations are shown here at C and D. Both of the outlots are covered by drainage and utility easements. With the plat for Fawn Hill these outlots would be incorporated into the lots of Fawn Hill and the drainage and utility easements would be dedicated consistent with the City's policy of front and side yard drainage utility easements as well so the yellow areas here showing where the new drainage utility easements would be dedicated on the outlots. And then again it would be incorporated into the Fawn Hill plat shown here and again the Outlots C and D are here would be incorporated into Lots 1 and 6 of the Block 2. So with that I would recommend approval of the vacation and I'd ask that a public hearing be opened at this time. Mayor Laufenburger: Okay. As is our procedure thank you Mr. Oehme. Council do you have any questions of staff before I open the public hearing? Okay, at this time I would like to open the public hearing as is mandated for the vacation of a drainage and utility easement. If there's anybody present in the council chambers that would like to speak regarding this particular proposal you may step to the podium and speak at this time. Alright there being no one I will close the public hearing and bring it back. And Mr. Oehme you would like specific action on this independent of the final plat, is that correct? Paul Oehme: No. Mayor Laufenburger: Not required, okay. Todd Gerhardt: A and B. Roger Knutson: Mayor, I'd suggest you take action on A and B together for the motion. Mayor Laufenburger: Okay, alright. Any further questions of council to staff? Any further questions of staff by council on item A? Alright. Let's go to item B then Mr. Oehme. 17 =CANNED Chanhassen City Council•August 28, 2017 • Paul Oehme: Sure, thank you Mayor. So item B is for approval of final plat and plans and specifications for this Fawn Hill development. As I indicated before the preliminary plat was approved on August 14'h for the 10 lot subdivision with conditions and variances as well. Typically the final plat and plans and specs approval with a development contract is approved on a consent agenda item but since we're doing a vacation at this time we thought we'd just bring this up at the same time as well and take consideration for both of these items so with that I'd stand for any questions with the development contract and final plat. I do request that a minor change be made to the development contract. The surface water management fee on page 3 of the development contract, there's a typo there and I did give the council an update on that fee. There is some last minute changes with the storm water fee calculations and that number was missed unfortunately. Mayor Laufenburger: Alright, any questions of staff at this time regarding the approval of the final plat, the development contract or the plans and specifications? Councilmember Ryan, go ahead. Councilwoman Ryan: Yeah, just a follow up from the previous meeting. Did you end up getting the final landscaping plan? Kate Aanenson: That was resolved. Councilwoman Ryan: Okay. And with meeting with the neighbors about the drainage issue. Is that still planned? Paul Oehme: Yep. It has been. Councilwoman Ryan: It has been, okay. I just wanted to follow up on those two things. Thank you. Mayor Laufenburger: Okay, any other questions of council for staff? Questions of staff for council? I don't always get that right. Alright, is there, is an applicant present? Would you like to speak at this time? Not required. Tom Bakritges: If you'd like me to I sure can. Mayor Laufenburger: Sure, just I want to hear that name again. Please state your name and address. Tom Bakritges: Good evening Mr. Mayor, members of the council, staff and audience members. My name is Tom Bakritges. I'm the Land Development Director for JMS Custom Homes, Homestead Partners and as you know we're filling in the hole in a donut here for the developer to the south and we've been the developer to the north and east for over 20 years so we're just filling in the gap here and we're excited to keep completing this new neighborhood called Fawn 18 C 4 Chanhassen City Council —Au gust 28, 2017 • Hill so staff s been great and just some minor details we need to work out yet but we're excited to start this fall. If you have any questions I'll be happy to answer them. Mayor Laufenburger: Alright, thank you Mr. Bakritges. Any questions of the developer? Alright, let's bring it back to the council. Any questions or comments or motions? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I'd like to make a motion. Mayor Laufenburger: Please do. Councilwoman Ryan: I'd like to make a motion that the City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Outlot C and Outlot D, Vistas at Bentz Farms as dedicated on the recorded plat thereof as described in Exhibit A. For the final the City Council approves the final plat for 10 lots, one outlot and public right-of-way with variances for a double fronted lot for a single family detached subdivision and a roadway slope in excess of 7 percent subject to the conditions of approval, the development contract for Fawn Hill and plans and specifications for Fawn Hill. Mayor Laufenburger: Okay. Before I ask for a second on that. So we now are covering both item A and B. Mr. Knutson do we have a valid motion? Roger Knutson: Mayor yes you do. Mayor Laufenburger: Alright. May I have a second to that motion? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. We have a valid motion and a second. Is there any further discussion? Resolution #2017-59: Councilwoman Ryan moved, Councilman Campion seconded that the City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Outlot C and Outlot D, Vistas at Bentz Farms as dedicated on the recorded plat thereof as described in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilwoman Ryan moved, Councilman Campion seconded that the City Council approves the final plat for 10 lots, one outlot and public right-of-way with variances for a double fronted lot for a single family detached subdivision and a roadway slope in excess of 19 Chanhassen City Council•August 28, 2017 • 7 percent subject to the following conditions of approval, the development contract for Fawn Hill and plans and specifications for Fawn Hill: Building: Provide a 1:200 "clean" plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering: The developer will work with the city address capacity concerns relating to the modeling of the catchbasin as described in #J2 and J4 of the watershed district's August 15`" comments (attached). 2. To provide draintile service where runoff will flow from the back to the front of lots, the plan shall be revised to include draintile between Lots 3 and 4 of Block 2, but inside one of the lots, so it's ownership is clearly defined. Lot 4, Block 2 grading plans shall be revised to grade away from the building pads. 4. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant shall submit the full SWPPP document to the City for review prior to grading on the site. M11 Chanhassen City Council —August 28, 2017 6. The applicant shall meet the minimum requirements for stormwater set forth in City Code Section 9 -VII and requirements of the Riley -Purgatory -Bluff Creek watershed district. 7. The applicant obtain a permit from the Riley -Purgatory -Bluff Creek watershed district prior to final plat recording. 8. The SWMP Fee is $58,915.20. The SWMP Credit given for meeting the 1.1" volume abstraction is $29,457.60. The applicant must still verify that the 1.1" abstraction is met for the site. The net SWMP Fee due at the time of final plat is $29,457.60. 9. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the City after acceptance of the public improvements by the City Council. 10. The street plan shall be revised to call out right-of-way widths. 11. A $300 fee/light shall be collected with the development contract for electricity costs for the first year of operation. 12. All proposed driveways shall follow the city setback requirements of 10 feet from he property line. The driveways for Lots 2 and 3, Block l shall be revised to meet the setback. 13. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and Fawn Hill Road. The pedestrian ramp at the entrance to Sugarbush Park adjacent to the sidewalk connection to the existing trail shall be reconstructed with the connection to be ADA compliant. 14. Sanitary sewer shall be owned and maintained by the City after acceptance of the public improvements by the City Council. 15. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system and the existing mound system shall be removed prior to the acceptance of the public sanitary sewer. 16. Water main shall be owned and maintained by the City after acceptance of the public improvements by the City Council. 17. The existing home on Lot 3, Block 2 shall be connected to the proposed water system prior to the acceptance of the public water main. 18. Storm sewer installed with this subdivision shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 21 Chanhassen City Council•August 28, 2017 0 19. Revise castings in table to call out MH that will take in stormwater. MH6 shall have beehive casting rather than curb grate 3067V. 20. The plan shall be revised to 4 -foot minimum sump depth for MH3 and 6. 21. To avoid having storm sewer pipe in backyard easements staff recommends routing the stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and 2 of Block 2. 22. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the sanitary partial fee of $6,910.00 and the water partial fee is $21,470.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. 23. City staff must approve Operations and Maintenance Agreement with the watershed district prior to the applicant entering into the agreement listed as #J 10 in the August 15, 2017 email from the District. 24. Any location where drainage and utility easements will contain storm pipe shall be flagged in the field. 25. The applicant shall dedicate a drainage and utility easement across the EOF path on Lot 6, Block 2. Fire: 1. The landscape plan, dated 7/14/17, Sheet L1, shall be modified as follows: • No more than 20 percent of trees shall be from one genus — reduce maple quantity to 16 trees or less. • Individual tree species shall be no more than eight trees. • Due to alkaline soils on site, the following trees are not recommended: red maple, river birch. A revised landscape plan shall be submitted prior to construction. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. The following quantity of trees are required on each lot. Placement of trees are shown on the landscape plan dated 7/14/17. Block 1, Lot 1 six (6) trees OX Chanhassen City Council — Must 28, 2017 • Lot 2 eight (8) trees Lot 3 eight (8) trees Lot 4 eleven (11) trees Block 2, Lot 1 eleven (11) trees Lot 2 seven (7) trees Lot 3 eight (8) trees Lot 4 twelve (12) trees Lot 5 nineteen (19) trees Lot 6 fifteen (15) trees Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Fawn Hill. Planning: 1. Outlot A, encompassing the large wetland area, shall be dedicated to the city. 2. The developer shall install signage at lot lines corner and at the change in angle along the west portion of Lots 2, 3, and 4, Block 1 to demarcate the Bluff Creek Primary Zone. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Laufenburger: Thank you very much. Thank you Mr. Bakritges. ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION — CITY PROJECT 18-01: PUBLIC HEARING ON FEASIBILITY STUDY, AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Mayor Laufenburger: I'm guessing that's your's Mr. Oehme. Paul Oehme: It is. Mayor Laufenburger: Alright, Mr. Oehme. Paul Oehme: So thank you Mayor, City Council. This is a public hearing for the proposed 2018 street improvement project which is in the Orchard Lane area. Streets are annually proposed for improvements that cannot be maintained with minor maintenance and need more substantial improvements to keep them in good driving condition. So Orchard Lane, as you know is just south of Highway 7. It's between North Manor Drive over here and Orchard Lane and the project is shown here in green which includes Orchard Lane, Orchard Avenue, 64th Street, Forest 23 MEMORANDUM TO: FROM: DATE: SUBJ: a- `a CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing forToday and Planning forTomorrow Paul Oehme, Director of Public Works/City Engineer d" Stephanie Smith, Project Engineei.4�ir� August 28, 2017 0 Approve Vacation of all Public Drainage and Utility Easements on Outlot C and Outlot D VISTAS AT BENTZ FARMS - Fawn Hill Planning Case File No. 17-1 PROPOSED MOTION "The City Council adopts a resolution approving the vacation of all the public drainage and utility easements on Outlot C and Outlot D, VISTAS AT BENTZ FARMS as dedicated on the recorded plat thereof as described in Exhibit A." City Council approval requires a simple majority vote of those present. BACKGROUND The drainage and utility (D&U) easements on Outlot C and Outlot D, VISTAS AT BENTZ FARMS were dedicated with the plat. The figure below shows the locations of the easements. =_PROPOSED DRAINAGE AND :iTILITY EASEMENT GGLVERT TG gEIMI CVED- �• �\ `OUTLOT C --` R"✓EWAY 10 er�fkov o_ O rl J , I � i . ' rp IT-� 4 r -A E>k 6^ z 1 I _ l ' I PH 952.227.1100 • WWW- i.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Paul Oehme • • Approve Vacation of Easements: Fawn Hill August 28, 2017 Page 2 The City has utilities and drainage features located in the drainage and utility easements. PROPOSAL The applicant has requested vacation of all public drainage and utility easements as shown in the figures on page one. The plat of FAWN HILL will include Outlots C and D in residential lots. The FAWN HILL plat will dedicate new perimeter D&U easements as required by City Code as well as an easement over the existing City storm pipe located on Outlot D. The vacation will simplify the dedication of new drainage and utility easements within the plat document. The proposed final plat for FAWN HILL is attached. Attachments: 1. Plat of VISTAS AT BENTZ FARMS 2. Proposed Vacation Exhibit 3. Proposed Final Plat of FAWN HILL 4. Vacation Application 5. Published Notice of Public Hearing & Affidavit of Mailing 6. Resolution gAeng\vacationsAawn hill pc 17-15\1 70828—cc—vacation mmno.doex S89'J8'51`w / �h ��{1��►6 CNI �0 6� < n.ls/z2 50 e'y �� 77709 �O Y �j1 \ �J c Sq it_ cn 42.25 42.26 43.86 4386 6.56 96.56' p6 s o n 84.52 •' N89 18'49 E 184.28 Sf /'ii STI !'1T 1'1 �� F vv 1 L.v v AT N89°18'51"E j ' \ J16<� +`L / �t IT 7 \SsSto rA L)1 t•� 'to \16' LLJ Uj,� r- wLn L.vl M= 0) r-8 V Gg �O Z 00 U7 N rn y S 1 n0 \N 0 0 In t°v -�'� tri\ z r z O� r, 1 tOp 60 1 The vacation will simplify the dedication of new drainage and utility easements within the plat document. The proposed final plat for FAWN HILL is attached. Attachments: 1. Plat of VISTAS AT BENTZ FARMS 2. Proposed Vacation Exhibit 3. Proposed Final Plat of FAWN HILL 4. Vacation Application 5. Published Notice of Public Hearing & Affidavit of Mailing 6. Resolution gAeng\vacationsAawn hill pc 17-15\1 70828—cc—vacation mmno.doex u a a s a U o �y 1 •�••�-•, Z �� n o a -. z �� 1 11 • '¢-r--� � a KTA Id 7►•`7 R, < \\ 111 1, (lar+� ` �l�;a�•y X l \ •\/� R RO jf : / �� Y �11e '� .•mac 1 Q� - p`, \\ sl1 5 Z, ,y � ^�� = \��'�,.^• °s Ill II !I '1 /! �N/ /I I a Vve no s, 'I s „I ,1; 1 � I 1. i s 5 All. i� o • w 1 ,n.�•s —a A'�'�eaMmwiv •unto u + Y�9) jb ' It, 11 �onaaesaae�h� 3 R, < \\ 111 1, (lar+� ` �l�;a�•y X l \ •\/� R RO jf : / �� Y �11e '� .•mac 1 Q� - p`, \\ sl1 5 Z, ,y � ^�� = \��'�,.^• °s Ill II !I '1 /! �N/ /I I a Vve no s, 'I s „I ,1; 1 � I 1. i s 5 All. i� o • w 1 ,n.�•s —a A'�'�eaMmwiv •unto u + Y�9) DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Caver County, Minnesota. Easement Area to be Vacated: Outlot C = 415 sq.ft. Outlot D = 5,836 sq.ft. PROPOSED DRAINAGE k AND UTILITY EASEMENT CULVERT TO �\ k\ BE REMOVED—\ `OUTLOT C DRIVEWAY TO BE REMOVED o a) g �O / q�oppos O (�T F / \ J i w � / \ /I^T A ^ nT V I v I %\�i ' I I ' co l co 1 / z IT -7 1 1 r -A [)A A^ \IVI.: 4, _ > c� 1 1 CJ R 61 30 1 30 61 120 SCALE IN FEET :EaS sp SATHRE—BERGQUIST, INC. W 150 South Broadway Ave. Wayzata, MN. 55391 (952) 476-6000 www.sathre.com EASEMENT EXHIBIT Dale: 08.03-2017 RevisionDate: Prepared For Prepared By:JJA Check By: DBP Layout Sheet: EE -FH VACATION Homestead Partners, LLC. Proied Number: 37865-001-200 FAWN HTT T HILL PLAT FILE NO. rN ,nor C.R. DOC. 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COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CWNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 0 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: g' y' / 7 PC Date: CC Date. 2 -A S "1 7 60 -Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others ................................................ $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Cornmercial/Industrial Districts` ......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include number of existin employees: 'Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑ Subdivision (SUB) NOTE: When multiple applications are processed concurrently, tho approprlato foo shall be charged for each appllcatlon. ❑ Notification Sign (city to install and remove)...................................................................................................................... $200 ✓❑ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ( 71 addresses) Escrow for Recording Documents (check all that apply).......................................................................$50 per document ❑ Conditional Use Permit LJ Interim Use Permit ❑ Site Plan Agreement [71 Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: $563.00 Section 2: Required Information Description of Proposal: Vacating Utility and Drainage Easements of Outlots C & D, Vistas at Bentz Farms. These 011ltots are to be incorporated into the proposed Plat of Fawn Hill. Property Address or Location: No Official Addressed for Outlots C & D, adjacent to 7240 Galpin Blvd, Chanhassen MN 55 Parcel # 257240180 & 257240190 Legal Description: Outlots C & D, Vistas at Bentz Farms Total Acreage. 0.13 Wetlands Present? Present Zoning: Agricultural Estate District (A2) Present Land Use Designation: Agriculture Existing Use of Property: Ag 1 Open Space ❑Check box if separate narrative is attached. ❑ Yes 0 No Requested Zoning: Single -Family Residential District Requested Land Use Designation: Residential Low Density ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 Ll Final Plat.......................................................... $700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence........ ....................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, tho approprlato foo shall be charged for each appllcatlon. ❑ Notification Sign (city to install and remove)...................................................................................................................... $200 ✓❑ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ( 71 addresses) Escrow for Recording Documents (check all that apply).......................................................................$50 per document ❑ Conditional Use Permit LJ Interim Use Permit ❑ Site Plan Agreement [71 Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: $563.00 Section 2: Required Information Description of Proposal: Vacating Utility and Drainage Easements of Outlots C & D, Vistas at Bentz Farms. These 011ltots are to be incorporated into the proposed Plat of Fawn Hill. Property Address or Location: No Official Addressed for Outlots C & D, adjacent to 7240 Galpin Blvd, Chanhassen MN 55 Parcel # 257240180 & 257240190 Legal Description: Outlots C & D, Vistas at Bentz Farms Total Acreage. 0.13 Wetlands Present? Present Zoning: Agricultural Estate District (A2) Present Land Use Designation: Agriculture Existing Use of Property: Ag 1 Open Space ❑Check box if separate narrative is attached. ❑ Yes 0 No Requested Zoning: Single -Family Residential District Requested Land Use Designation: Residential Low Density • • OwnerSection 3: Property APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc, with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: HP Holdings, LLC Contact: Tom Bakritges Address: 6035 Culligan Way Phone: (952) 294-2123 City/State/Zip: Chanhassen, MN 55345 Cell: (612) 272-9701 Email: tornb@homestead-partners.com Fax: _ Signature: Date: 8/3/17 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Chanhassen Investments, LLC Contact: Timothy J. Brown Address: 6035 Culligan Way Phone: (952) 294-2126 City/State/Zip: C assen, MN 55345 Cell: (651) 226-9040 Email: tin companies.com Fax: Signature -.Date: 8/3/17 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Narne: Sathre-Bergquist, Inc Contact: Bob Molslad Address: 150 Broadway Ave S. Phone: (952) 476-6000 City/State/Zip: Wayzata, MN 55391 Cell: Email molstad@sathre.com Fax: Section Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: __ _ ❑� Applicant Via: ❑✓ Email ❑ Mailed Paper Copy Address: ❑� Engineer Via: M Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 28, 2017, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, , pursuant to Minnesota Statutes §412.851 to consider the vacation of the public drainage and utility easement described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 17 & 24, 2017) gAeng\vacations\fawn hill pc 17-15\ph notice to paper.doc CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 10, 2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Vacation of Public Drainage and Utility Easements in Outlot C and Outlot D, Vistas at Bentz Farms, Planning Case File No. 17-15 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 f' -day of , 2017. �� Notary Public Kim euwissen, Deputy Clerk JEAN M. STECKLING Notary Public -Minnesota My Comfnw lon Emk" Jim 21, 2019 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 28, 2017, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, , pursuant to Minnesota Statutes §412.851 to consider the vacation of the public drainage and utility easement described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. 01 a PROPOSED DRAINAGE I \ AND UTILITY EASEMENT `OUTLOT C Y �p 1y�Ao b ti 1 I^� V I v -- A IT_1 r- L1\ I^ 2 E3 LI'1 I L. ' i P'\I\IVIS C. a The proposed resolution are enclosed. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 17 & 24, 2017) \\cfs5\cfs5\shared_data\eng\vacations\fawn hill pc 17-15\ph notice to mail.doc • 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28.2017 RESOLUTION NO: 2017 -XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 28' day of August, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Public drainage and utility easement, described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. WALNUT GROVE VILLAS ASSN MICHAEL L AKER DAVID KOELLN 1801 AMERICAN BLVD E # 21 2131 BRINKER ST 2133 MAJESTIC WAY BLOOMINGTON, MN 55425-1230 CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 DWAYNE A STRAND DAVID K WEIBY ROBERT C & ELIZABETH J SPONSEL 2145 BRINKER ST 2149 MAJESTIC WAY 215 10TH AVE S UNIT 814 CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 MINNEAPOLIS, MN 55415-2108 STEVEN L & CINDY M BRODIGAN WILLIAM K & KRISTINE GUGGEMOS DAVID A & CINDA M JENSEN 2159 BRINKER ST 2165 MAJESTIC WAY 2173 BRINKER ST CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 CHANHASSEN, MN 55317-9361 PAUL D JOHNSON ROGER J & SALLY A HAMM KENNETH LEER 2174 MAJESTIC WAY 2180 BRINKER ST 2181 MAJESTIC WAY CHANHASSEN, MN 55317-9353 CHANHASSEN, MN 55317-9359 CHANHASSEN, MN 55317-9355 CUI SUN BLAKE M & TAMI C GOTTSCHALK JOCELYN J O'BRIEN 2187 BRINKER ST 2197 MAJESTIC WAY 2198 BRINKER ST CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 CHANHASSEN, MN 55317-9359 STEVEN J & NADIA M JANSON DAKE N & DEIRDRA CHATFIELD JEFFREY D HAGEN 2199 BRINKER ST 2200 MAJESTIC WAY 2319 FAWN HILL CT CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9354 CHANHASSEN, MN 55317-8437 MICHAEL & OLGA CARUSO JASON A KREBS & JULIANN E ROBEY REV TIMOTHY F PAINE 2331 FAWN HILL CT TRUS 2345 FAWN HILL CT CHANHASSEN, MN 55317-8437 2338 FAWN HILL CT CHANHASSEN, MN 55317-8437 CHANHASSEN, MN 55317-8437 JUSTIN T MCMAHON RICHARD A GLOVER MICHAEL W & DEBRA M BENKOVICH 2350 FAWN HILL CT 2357 FAWN HILL CT 2362 FAWN HILL CT CHANHASSEN, MN 55317-8437 CHANHASSEN, MN 55317-8437 CHANHASSEN, MN 55317-8437 JAMES P & MITRA L CALLAGHAN CHANHASSEN INVESTMENT LLC DAVID A STOCKDALE 2369 FAWN HILL CT 525 15TH AVE S 7210 GALPIN BLVD CHANHASSEN, MN 55317-8437 HOPKINS, MN 55343-7826 EXCELSIOR, MN 55331-8058 ANNE E MARCOTTE REV INTER TRUST PETER M & DENISE E WESTERHAUS STUART REID 7240 GALPIN BLVD 7420 FAWN HILL RD 7423 FAWN HILL RD EXCELSIOR, MN 55331-8058 CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-8430 JULIE MARTIN BREW TRUST MICHAEL G & MAUREEN HARLANDER MARK C LAMPAT 7435 FAWN HILL RD 7442 FAWN HILL RD 7447 FAWN HILL RD CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-8430 ALLAN D & ELIZABETH D REDING JON D & LAURA A TRANTHAM MARK SEEFELDT 7457 BENT BOW TRL 7465 FAWN HILL RD 7470 TULIP CT CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-9330 BRIAN M LARAMY HAO LI KHAI & HEATHER TRAN 7471 TULIP CT 7473 BENT BOW TRL 7474 MOCCASIN TRL CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-7552 MARK J & KRISTIN F E SPANGRUD NEAL R & NANCY J SIMON PAUL A SJOGREN 7487 BENT BOW TRL 7490 MOCCASIN TRL 7490 TULIP CT CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-7552 CHANHASSEN, MN 55317-9330 WILLIAM H THOMPSON JOSEPH W SILBERNAGEL STEVEN M & NANCY P HANOUSEK 7491 TULIP CT 7492 BENT BOW TRL 7501 BENT BOW TRL CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-6401 OMAR E TAHA JOHN E & KRISTIN M NYSTUL DANIEL R & LATASHA R SLINDEN 7508 TULIP CT 7509 BENT BOW TRL 7509 TULIP CT CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-9330 MICHAEL G & DIANN M TAYLOR MARK A & SARAH L PLETTS STEVEN M & SUSAN M COHOON 7516 BENT BOW TRL 7517 BENT BOW TRL 7525 BENT BOW TRL CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-6401 NEIL REIERSON PERRY FERRIS ROBERT A NESSA 7540 FAWN HILL RD 7565 FAWN HILL RD 7592 WALNUT CURV N CHANHASSEN, MN 55317-8420 CHANHASSEN, MN 55317-8420 CHANHASSEN, MN 55317-9393 JOEL W ROBERTSON DAVID K & CHRISTINA J STREETER WADE G SWENSON 7596 WALNUT CURV 7598 PRAIRIE FLOWER BLVD 7600 FAWN HILL RD CHANHASSEN, MN 55317-9393 CHANHASSEN, MN 55317-9398 CHANHASSEN, MN 55317-2700 MARK & ANN M STRUTHERS STEVEN J & JANICE K VREEMAN KODEY S SIMON 7600 WALNUT CURV 7601 WALNUT CURV 7602 WALNUT CURV CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-9395 CHANHASSEN, MN 55317-9397 KYLE A & LEAH C PLATH JUSTIN & ALLISON NEWMAN 7604 WALNUT CURV 7606 WALNUT CURV CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-9397 DAVID J WINDSCHITL GARY BURGER JR 7620 RIDGEVIEW WAY 7620 WINDSOR CT CHANHASSEN, MN 55317-4507 CHANHASSEN, MN 55317-2306 DAVID W & LORI E MOSER CHAD A & AMY E HAMANN 7632 RIDGEVIEW WAY 7638 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 CHANHASSEN, MN 55317-4507 PAUL J DONNAY THREE LLC CHARLES CHUVA 9705 63RD AVE N PO BOX 984 MAPLE GROVE, MN 55369-6252 CHANHASSEN, MN 55317-0984 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CURV CHANHASSEN, MN 55317-9395 JEFFREY M & TIFFANY M WEYANDT 7626 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 ECE I LLC 909 WALNUT STE 200 KANSAS CITY, MO 64106-2003 Paul Oehme • • Approve Vacation of Easements: Fawn Hill August 28, 2017 Page 2 The City has utilities and drainage features located in the drainage and utility easements. PROPOSAL The applicant has requested vacation of all public drainage and utility easements as shown in the figures on page one. The plat of FAWN HILL will include Outlots C and D in residential lots. The FAWN HILL plat will dedicate new perimeter D&U easements as required by City Code as well as an easement over the existing City storm pipe located on Outlot D. w�! / X700 Vd LV n i...�.�� r i Oy 58nB'51'w �� !� ►z � --j 0� 6) f� (v OD 17.522 50 �?6 777 09 TO� t0 �1 �j 4o Sq Ft. co \ 42-25 42.26 43.86 43 86 96.56 �6 li Q� ^1 ITI P1T 1'1 84.52 14� N89018'49 E 184.28 F vv L.v 1 v �,IJ A T N89°1851 El Iso �c\4 +�C / �T-7 \SS r -n E)k A 13, �- 1 V 1 L \ °3 I \ 1 V I ry 1 !-\ 1 0° I _ \ s t0 IT1 O W (D W VI J T�'�^ C N U -)W JIL.VI v-- 0 M~ X48 V69 an �� bLn - N \ AS 00 N O ~11 `n � -\1 N\ z .: 7 : t) z V0. - \\ � \• �O j � � Y 1 100 60 1 The vacation will simplify the dedication of new drainage and utility easements within the plat document. The proposed final plat for FAWN HILL is attached. Attachments: 1. Plat of VISTAS AT BENTZ FARMS 2. Proposed Vacation Exhibit 3. Proposed Final Plat of FAWN HILL 4. Vacation Application 5. Published Notice of Public Hearing & Affidavit of Mailing 6. Resolution gAeng\vacationstawn hill pc 17-15\1 70828 -cc -vacation memo.dou 0 • CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28, 2017 RESOLUTION NO: 2017-59 MOTION BY: SECONDED BY: . RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 280' day of August, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT 0 EXHIBIT "A" Public drainage and utility easement, described as: C The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 10, 2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Vacation of Public Drainage and Utility Easements in Outlot C and Outlot D, Vistas at Bentz Farms, Planning Case File No. 17-15 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. r 14<,AV( A Kim euwissen, Depu lerk Subscribed and sw rn to before me J!f''day of , 2017. C/' Notary Pub is SCANNED JEAN M. STECKLING Notary Public -Minnesota T; My comrrw�lon Exprp Jut 31, 20t9 r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 28, 2017, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard,, pursuant to Minnesota Statutes §412.851 to consider the vacation of the public drainage and utility easement described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. , z PROPOSED DRAINAGE AND UTILITY EASEMENT \\ 1\ `OUTLOT C J __ ti0o � � G i O ✓� 1 i z 1 F\iVI..i a The proposed resolution are enclosed. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 17 & 24, 2017) \\cfs5\cfs5Wared_data\eng\vacations\fawn hill pc 17-15\ph notice to mail.doc CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28, 2017 RESOLUTION NO: 2017 -XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easements for right-of-way and drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 28`'' day of August, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT • EXHIBIT "A" Public drainage and utility easement, described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. • WALNUT GROVE VILLAS ASSN MICHAEL L AKER 1801 AMERICAN BLVD E # 21 2131 BRINKER ST BLOOMINGTON, MN 55425-1230 CHANHASSEN, MN 55317-9361 DWAYNE A STRAND DAVID K WEIBY 2145 BRINKER ST 2149 MAJESTIC WAY CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 STEVEN L & CINDY M BRODIGAN WILLIAM K & KRISTINE GUGGEMOS 2159 BRINKER ST 2165 MAJESTIC WAY CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 PAUL D JOHNSON ROGER J & SALLY A HAMM 2174 MAJESTIC WAY 2180 BRINKER ST CHANHASSEN, MN 55317-9353 CHANHASSEN, MN 55317-9359 CUI SUN BLAKE M & TAMI C GOTTSCHALK 2187 BRINKER ST 2197 MAJESTIC WAY CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9355 STEVEN J & NADIA M JANSON DAKE N & DEIRDRA CHATFIELD 2199 BRINKER ST 2200 MAJESTIC WAY CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-9354 MICHAEL & OLGA CARUSO JASON A KREBS & JULIANN E ROBEY REV 2331 FAWN HILL CT TRUS CHANHASSEN, MN 55317-8437 2338 FAWN HILL CT CHANHASSEN, MN 55317-8437 JUSTIN T MCMAHON RICHARD A GLOVER 2350 FAWN HILL CT 2357 FAWN HILL CT CHANHASSEN, MN 55317-8437 CHANHASSEN, MN 55317-8437 JAMES P & MITRA L CALLAGHAN CHANHASSEN INVESTMENT LLC 2369 FAWN HILL CT 525 15TH AVE S CHANHASSEN, MN 55317-8437 HOPKINS, MN 55343-7826 ANNE E MARCOTTE REV INTER TRUST PETER M & DENISE E WESTERHAUS 7240 GALPIN BLVD 7420 FAWN HILL RD EXCELSIOR, MN 55331-8058 CHANHASSEN, MN 55317-8430 • DAVID KOELLN 2133 MAJESTIC WAY CHANHASSEN, MN 55317-9355 ROBERT C & ELIZABETH J SPONSEL 215 10TH AVE S UNIT 814 MINNEAPOLIS, MN 55415-2108 DAVID A & CINDA M JENSEN 2173 BRINKER ST CHANHASSEN, MN 55317-9361 KENNETH LEER 2181 MAJESTIC WAY CHANHASSEN, MN 55317-9355 JOCELYN J O'BRIEN 2198 BRINKER ST CHANHASSEN, MN 55317-9359 JEFFREY D HAGEN 2319 FAWN HILL CT CHANHASSEN, MN 55317-8437 TIMOTHY F PAINE 2345 FAWN HILL CT CHANHASSEN, MN 55317-8437 MICHAEL W & DEBRA M BENKOVICH 2362 FAWN HILL CT CHANHASSEN, MN 55317-8437 DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR, MN 55331-8058 STUART REID 7423 FAWN HILL RD CHANHASSEN, MN 55317-8430 JULIE MARTIN BREW TRUST MICHAEL G & MAUREEN HARLANDER MARK C LAMPAT 7435 FAWN HILL RD 7442 FAWN HILL RD 7447 FAWN HILL RD CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-8430 ALLAN D & ELIZABETH D REDING JON D & LAURA A TRANTHAM MARK SEEFELDT 7457 BENT BOW TRL 7465 FAWN HILL RD 7470 TULIP CT CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-8430 CHANHASSEN, MN 55317-9330 BRIAN M LARAMY HAO LI KHAT & HEATHER TRAN 7471 TULIP CT 7473 BENT BOW TRL 7474 MOCCASIN TRL CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-7552 MARK J & KRISTIN F E SPANGRUD NEAL R & NANCY J SIMON PAUL A SJOGREN 7487 BENT BOW TRL 7490 MOCCASIN TRL 7490 TULIP CT CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-7552 CHANHASSEN, MN 55317-9330 WILLIAM H THOMPSON JOSEPH W SILBERNAGEL STEVEN M & NANCY P HANOUSEK 7491 TULIP CT 7492 BENT BOW TRL 7501 BENT BOW TRL CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-6401 OMAR E TAHA JOHN E & KRISTIN M NYSTUL DANIEL R & LATASHA R SLINDEN 7508 TULIP CT 7509 BENT BOW TRL 7509 TULIP CT CHANHASSEN, MN 55317-9330 CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-9330 MICHAEL G & DIANN M TAYLOR MARK A & SARAH L PLETTS STEVEN M & SUSAN M COHOON 7516 BENT BOW TRL 7517 BENT BOW TRL 7525 BENT BOW TRL CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-6401 NEIL REIERSON PERRY FERRIS ROBERT A NESSA 7540 FAWN HILL RD 7565 FAWN HILL RD 7592 WALNUT CURV N CHANHASSEN, MN 55317-8420 CHANHASSEN, MN 55317-8420 CHANHASSEN, MN 55317-9393 JOEL W ROBERTSON DAVID K & CHRISTINA J STREETER WADE G SWENSON 7596 WALNUT CURV 7598 PRAIRIE FLOWER BLVD 7600 FAWN HILL RD CHANHASSEN, MN 55317-9393 CHANHASSEN, MN 55317-9398 CHANHASSEN, MN 55317-2700 MARK & ANN M STRUTHERS STEVEN J & JANICE K VREEMAN KODEY S SIMON 7600 WALNUT CURV 7601 WALNUT CURV 7602 WALNUT CURV CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-9395 CHANHASSEN, MN 55317-9397 • • KYLE A & LEAH C PLATH JUSTIN & ALLISON NEWMAN THEODORE A & ANGELA M ELLEFSON 7604 WALNUT CURV 7606 WALNUT CURV 7609 WALNUT CURV CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-9395 DAVID J WINDSCHITL 7620 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 DAVID W & LORI E MOSER 7632 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 PAUL 1 DONNAY THREE LLC 9705 63RD AVE N MAPLE GROVE, MN 55369-6252 GARY BURGER JR 7620 WINDSOR CT CHANHASSEN, MN 55317-2306 CHAD A & AMY E HAMANN 7638 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 CHARLES CHUVA PO BOX 984 CHANHASSEN, MN 55317-0984 JEFFREY M & TIFFANY M WEYANDT 7626 RIDGEVIEW WAY CHANHASSEN, MN 55317-4507 ECE I LLC 909 WALNUT STE 200 KANSAS CITY, MO 64106-2003 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized CITY OF CHANHASSEN agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- CARVER AND HENNEPIN dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as COUNTIES, MINNESOTA follows: NOTICE OF PUBLIC HEARING FOR (A) These newspapers have complied with the requirements constituting qualification as a legal VACATION OF PUBLIC newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as DRAINAGE & UTHAW amended. EASEMENTS NOTICE IS HEREBY GIVEN yy 9 y that the Chanhassen City Ccuncil (B) The printed public notice that is attached to this Affidavit and identified as No. will hold a public hearing on was published on the date or dates and in the newspaper stated in the attached Notice and said Monday, August 28, 2017, at Too Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of p.m. in the Council Chambers the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both at Chanhassen City Hall, 7700 inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Market Boulevard, pursuant and publication of the Notice: to Minnesota Statutes §412.851 to consider the vacation of the abcdefghuklmnopgrstuv xyz public drainage and utility easement described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, Laurie A. Hartmann VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. All interested persons are Subscribed and sworn before me on ll invited to attend this public hearing and express their t opinions with respect to this proposal. this y of 2017 Stephanie Smith, Project Engineer Phone: 952-227-1165 (Published in the Chanhassen JW: JEANNETTE BARK Villager on Thursday, August 17 and 24.2017: No. 4494) NOTARY PIB:JC - M'NNESOTA N Public WY COMM SSION MRES O'::3'J:8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch SCANNED 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 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 28, 2017, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, , pursuant to Minnesota Statutes §412.851 to consider the vacation of the public drainage and utility easement described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 17 & 24, 2017) gAengWacationstawn hill pc 17-15\ph notice to paper.doc SCANNED CITY OF CHANHASSEN • • P 0 BOX 147 CHANHASSEN MN 55317 08/04/2017 10:25 AM Receipt No. 00354163 CLERK: AshleyM PAYEE: Sathre Bergquist Inc 150 South Broadway Wazyata MN 55391 - Fawn Hill ------------------------------------------------------- Vacation 563.00 Total Cash Check 26412 Change sow^* 563.00 0.00 563.00 0.00 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHOHASEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: g " y' / 7 PC Date: CC Dale: 9'2S-1'7 60 -Day Review Date: SectionApplication (Refer to the appropriate Application Checklist for required submittal Information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others. ...... ................................................. $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review.. ................................................. $150 ❑ Site Plan Review (SPR) ❑ Administrative, ................................................. $100 ❑ Commercial/Industrial Districts' ...................... $500 Plus $10 per 1,000 square feet of building area: thousand square feet) 'Include number of existin employees: 'Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat.......................................................... $700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)....... $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal......... ............................................. $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove)....................................................................................... $ ............................... 200 R1 Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ( 71 addresses) ❑✓ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑✓ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) TOTAL FEE: $563.00 Section•. Information Description of Proposal: Vacating Utility and Drainage Easements of Outlots C & D, Vistas at Bentz Farms. These OUltots are to be incorporated into the proposed Plat of Fawn Hill. Property Address or Location: No Official Addressed for Outlots C & D, adjacent to 7240 Galpin Blvd, Chanhassen MN 55 Parcel # 257240180 & 257240190 Legal Description: . Total Acreage. 0.13 Wetlands Present? Present Zoning: Agricultural Estate District (A2) Present Land Use Designation: Agriculture Existing Use of Property: Ag / Open Space ❑Check box if separate narrative is attached. SCANNED Outlots C & D. Vistas at Bentz Farms ❑ Yes ❑ No Requested Zoning: Single -Family Residential District Requested Land Use Designation: Residential Low Density E PropertySection 3: Owner APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation Of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: HP Holdings, LLC Contact: Tom Bakritges Address: 6035 Culligan Way Phone: (952) 294-2123 City/State/Zip: Chanhassen, MN 55345 Cell: (612) 272-9701 Email: tornb@homestead-partners.com Fax: Signature: Date: 8/3/17 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Chanhassen Investments, LLC Contact: Timothy J. Brown Address: 6035 Culligan Way Phone: (952) 294-2126 City/State/Zip: C assen, MN 55345 Cell: (651) 226-9040 Email: ti companies.com Fax: Signature: Date: 813/17 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirernents and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Sathre-Bergquist, Inc _ Contact: Bob Molstad Address: 150 Broadway Ave S. Phone: (952) 476-6000 City/State/Zip: _ Wayzata, MN 55391 Cell: Email molstad@sathre.com Fax: Section 4- Notification Information Who should receive copies of staff reports? "Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: _ _ ❑� Applicant Via: ❑✓ Email ❑ Mailed Paper Copy Address: ✓❑ Engineer Via: 0Email E]Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Ernail ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM