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CAS-16_PLANNING CASE FILE NO. 12-16 - WYNSONGe O\ 5ef"� , 00. ef do No• Oar ------------- 205.39 found iron --� cop 117006 .1 Iw p() 101 j '� drainage& r Doc - No. 1 1� l m^�.._...seosement per f)oc. No. T1.x30'S1 t 1� ori .� . 12 fi W 1 ..>droinoge d. —..._..._ .._ 1 / utaity easement 1 go 110 101 \ \ f `( 'sewer easement per Doc. No. T55603 . and 760452 , so : s�5y6 904e- 0 mac. / 1 n �4/ o/ \ `I \ \ \ z \ J VU vp 270.00 — — — — — — — — — — — — — —� &0'01�eol TION GO set iron - cap 140062 Access N.?1.65 50 / 33 / S L \ `— r e � ry I h 24 �Mp y J \\ r I v. I 14, a b DQIi^ � rr- —� p�4160ZM1 OYLY L�]9U3 �/ �\ I i I I `ij N�3i M 3•'NYCM$ `- 3>1V 1; NOSINJ JVH C:9it I s- ;;e�s� E tyyj�j 5 1. rn N O ert a Leif i it FF�S D5€ 2-q:Q. F: { s- ;;e�s� E tyyj�j 5 1. rn N O / e 3, -.11 NOSI�J2JVH Q IJ O 2 jai N I / , dron � mvs a>•mx ar w 6sa s xo wwid w ®w aiN Rwf n rmm minyy\ y k A�r � a .♦ / ) YSLR.IHI 0'Y i 1 / S` 464' X151 SN16��. J l Ns mw crzka a.rlsr.ces p WA pap VIA / k/ 3 w IR.,4 00 b 243.79 N0855 32,W_ — / — F _u 4 46 k h c U o o r r I r I . , 0 '1"' 400 IT" A f'•.- SII\ wn�` �� PROPOSED VACATED EASEMENTS All of the Drainage and Utility Easements as donated and dedicated on the recorded plat of SONG ADDITION, Carver County, Minnesota. AND All of the Drainage and Utility Easements contained within Outlot D as donated and dedicated on the recorded plot of THE MOODS AT LONOACRES, Cory r County, Minnesota. DENOTES EASEMENTS TO BE VACATED ,vac ate-1-he -'`-1'r`- DATE: 9/26/12 WYNSONG wxay.oaoessociates.mm EXHIBIT C QS s wear Dlwsan Street SCALE: 1"=100' GALPIN BLVD. PARTNERS, LLC TTo (;63>�-47 13 Fax: (763X82-3522 Job. No. CHANHASSENMN S°GtATE3 2-12- 0191 DRAWN BY: C.S.O. I Englneers8 [and Surveyors, lnc. VIT s- }i5g I I -- •e�S Z - F _ N Z m- W T �y __ __ _ __ __ _ _ _.♦ J 00 :IAV -1 NO`S�I2PJVH $ wW oz— N CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2012 RESOLUTION NO: 2012-63 MOTION BY: Ernst SECONDED BY: Laufenburger A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 1, SONG ADDITION, PLANNING CASE FILE NO. 2012-16 WHEREAS, the City of Chanhassen has received a request to vacate the following public drainage and utility easements located within Lot 1, Block 1, Song Addition: 1. drainage and utility easements dedicated by the recording of the plat of The Woods at Longacres recorded with the Carver County Registrar of Titles on August 17, 1994, as Document No. T85306; 2. drainage and utility easements dedicated by the recording of the plat of Song Addition recorded with the Carver County Registrar of Titles on October 18, 1996 as Document No. T94113; drainage and utility easements granted by the recording of a Grant of Permanent Easement for Drainage and Utility Purposes dated May 30, 2001 and recorded with the Carver County Registrar of Titles on September 18, 2001 as Document No. T121706; and 4. drainage and utility easements granted by the recording of a Grant of Permanent Easement for Drainage and Utility Purposes dated March 12, 2002 and recorded with the Carver County Registrar of Titles on January 15, 2003, as Document No. T133056; all as legally described in the attached vacation descriptions (collectively referred to herein as "Drainage and Utility Easements'); and WHEREAS, Lot 1, Block 1, Song Addition was previously platted as Outlot D, The Woods at Longacres; and NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the Drainage and Utility Easements on Lot 1, Block 1, Song Addition as previously described herein. Passed and adopted by the Chanhassen City Council this 13th day of November, 2012. 77w-olA &�� lWdtierhardt, City anger Thomas A. Furlong, Mayor YES NO ABSENT Furlong None Tjomhom Ernst Laufenburger McDonald Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, November 13, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Conservation and Drainage & Utility Easements - Planning Case File No. 12-16 Applicant: Gal in Boulevard Partners, LLC Address/ Lot 1, Block 1, Song Addition Location of A location map is on the reverse side of this Proposal: notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro perty. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail jshamla@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 October 25, 2012. This map Is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located In various city, county, stale 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, track)-- -- any other purpose requiring exacting measurement of distance or direction or prei In the depiction of geographic features. g errors or discrepancies are found p contact 952-227-1164. The preceding disclaimer Is provided pursuant to Minn Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that tN shall not be liable for any damages, and expressly waives all claims, and agre defend, indemnify, and hold harmless the City from any and all claims brought by its employees or agents, or third parries which arise out of the user's access of L data provided. 'S:'+ta CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen. mn.us y,�ptFS f'QSl'M Z`9//�Z�/ y_ • r�P� � �1' P11MeY aowea 02 IP $ 000.450 0003195036 OCT 31 2012 MAILED FROM ZIP CODE 55317 LONGACRES HOMEOWNERS ASCNI 553 NEE 1 61.1.1 00 1D/31/12 nc Tno.1 Tn <c y,rycn :LONGACRES HOMEOWNERS ASSOCIATION BOX CLOSED UNABLE TO FORWARD kt IURN TO SENUEk Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, November 13, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Conservation and Drainage & Utility Easements - Planning Case File No. 12-16 Applicant: Gal in Boulevard Partners, LLC Address/ Lot 1, Block 1, Song Addition Location of A location map is on the reverse side of this Proposal: notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting perty. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail jshamla@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 October 25, 2012. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, Information and data located in various city, county, state and federal offices and other sources regarding the area shown, and Is 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 -- any other purpose requiring exacting measurement of distance or direction or precis' In the depiction of geographic features. If errors or discrepancies are found plea contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesr Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the C shall not be liable for any damages. and expressly waives all claims, and agrees defend, Indemnify. and hold harmless the City from any and all claims brought by Us Its employees or agents, or third parties which arise out of the user's access or use data provided. ,531"' 'f7 Cao3 47 CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us �PtFS �T� = eirw[r Bowes 7 02 1P $ 000.450 0003195036 OCT 31 2012 MAILED FROM ZIP CODE 55317 _XTc cc's nc r on 1z /0-1 112 nETURN SENDER NO SUC.i'1 NUY46ER 11NA5L.E TO FOPWARD PSC: 'i531701474 *0675-03555-31-45 LItInlf�rulLurUl+oolllutenllrlt111nrL�nllntl9ti9r19 s^� Sem ee0 ��1,'� Ofd SN 'Sad 0�. P found bon -- cop 117006 ----- �—L—� 205.39 _ i 52.96— W Itp tpl dioinoge tr utility easement per Doc. 1 of r ` 1 �p , Na T733M 1 1 / ulaily eosement 1 IV% 1 110 w 1 L \ s.:�wr easement SCOW pr Doc. No. T55603 h and T60452 / o/ N .110 Woo ¢ 11 / l/ / \ Z Sr N�jss. 270.00 dro'oogem n ON uti't�G iw / Per Set i(O!1 __.� cop 140062 Access N121,65 0 / 33 1 W V. `I a " o % m pOjo 06 0" u` % W c� i 1110 O,/ q�ap k/ 3 OD ;N Iib 243.79 ry 211 I _ .,j / v � / m UOQ �dVN b� u y c u c 'o 0 a R J pe 1% N �U Z H Z as O .? w Q 00CZ Nw J J NU 0 z N �o m Cj I I S 3Dvl NOSI218 iH pe 1% N �U Z H Z as O .? w Q 00CZ Nw J J NU 0 z N �o m Chanhassen City Council — Joevember 13, 2012 0 e. Approval of Findings of Fact, Appeal of Administrative Decision, Naomi Carlson All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. WYNSONG: LOCATED AT 7042 GALPIN BOULEVARD, LOT 1, BLOCK 1, SONG ADDITION: APPLICANT: STEVE KROISS, GALPIN BOULEVARD PARTNERS, LLC; OWNER: CHARLES SONG: A. CONSIDER APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4 LOTS WITH A VARIANCE FOR A PRIVATE STREET. B. PUBLIC HEARING TO CONSIDER APPROVAL OF VACATION OF DRAINAGE AND UTILITY EASEMENTS. Mayor Furlong: There will be a public hearing, is that correct Ms. Aanenson with regard to the drainage and utility easement? Kate Aanenson: Yes there will. Mayor Furlong: Okay. Public hearing did take place for the preliminary plat at the Planning Commission if I recall correctly. Kate Aanenson: That's correct. Mayor Furlong: So we will have a public hearing with regard to the utility easements, drainage easements in due course. Let's start with the staff report please and that will be followed by the applicant and questions from council. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this item did appear before the Planning Commission at their October 16`s meeting. The Planning Commission did hold a public hearing and voted 5 to 0 to recommend approval of the plat with the vacation. And then the additional item, as you indicated on this would be vacation of drainage and utility easement. The subject site is located on Galpin Boulevard. The Song property. Again this is the site itself. There's an existing one home that access via Galpin Boulevard. One large lot. This property was actually part of the, was the original property that included the Big Woods and that property was subdivided back in '93-'94 so this is the large estate that was left as a remnant piece that is now coming before you for subdivision. The proposal includes 4 large estate lots so the 9 acres, just short of 9 1/2 acres be platted into 4 lots so 3 new lots which the existing homestead. The city ordinance does allow for a private street if it can be demonstrated that it's used to be preserve natural features. In your staff report a private street criteria was reviewed in there. In looking at the prevailing development pattern does it make sense. Again there's 4 large lots. Significant amount of natural features including wetlands, trees, some slopes so looking at that we believe that the use of a private street would enhance the natural features in the area so with that we do believe it meets the criteria for the variance and are recommending approval of that. As did the Planning Commission. There's a significant amount of trees on this property so on this slide we're showing the homes. We do request that these, because they are being custom graded so as those projects come in they will show which trees will be removed but we do require that they show at least a pad of 60 by 60 to give some indication of where those trees will be removed. In your packet from the staff in your report we did include the neighbors to the south located in this area here that did have some concerns regarding tree loss Chanhassen City Council — *ember 13, 2012 0 and wanted some additional trees preserved in that area, particularly in this area here which the applicant has demonstrated, indicated that those trees probably would be removed. The Planning Commission did not consider at this time adding additional preservation for those trees at this time but I just wanted to make sure that you were aware of the fact that they were concerned about some of that trees loss so they had identified those in trees and number and those are kind of illustratively shown with a picture and a number at the beginning of your staff report. So there are existing easements on this property. When, again as I indicated in '93-'94 when the Big Woods plat was put in place there was easements put on, on the wetlands at that time and those were, at the time that they were put in place there were actually conservation easements. So the manages, with this proposal and looking at the storm water and this is on page 5 of 16 in your staff report, where the Water Resources Coordinator spent some time going through talking about the size of the, because of the scale of the project's relative small that they recognize that treatment options, of pre -treating it before it goes into the wetlands and Lake Harrison would be more difficult that they thought that preservation of some of these more wooded areas, indicated here on the slide and then this area here would also provide in some of that rate reduction before it would go into the wetlands. So you can see where, and this area here. So this would hold some of that water before it go into this wetland so we're pre -treating that and then in this area on Lot 2, excuse me this was Lot 3. Then on Lot 2 again that wooded area would pre -treat before going into that wetland so again that was the goal of that. Now when we looked at the stormwater calculations, those areas that were slated for preservation were not calculated into any of the stormwater fees and again that is detailed in the staff report. A little bit more detail on the lots itself. There is some change in topography. Again meeting the wetland setbacks and the slopes. As indicated there is an existing drainage and utility easements and they will be vacated and creation of new drainage and utility easements will be provided so with that we do request that you hold a public hearing. I don't know if you wanted to wait til the end Mayor to do that. Want to go through the entire presentation? Mayor Furlong: Why don't, I guess let's keep going on the presentation. Kate Aanenson: Okay. Mayor Furlong: At least to the point that we get staff, or council questions. Kate Aanenson: Sure. So on the orange here, the top one would be the drainage and utility easements again that were dedicated with the Woods at Longacres, so the drainage and utility easements dedicated with the Song plat and then finally the drainage and utility easements vacated in 2000, excuse me drainage and utility easements dedicated in 2001 and 2002 so you can see how those play in. Mayor Furlong: Ms. Aanenson, what were the dates of each of these events occurring, do you recall? Kate Aanenson: Well the drainage and utility easements with the Woods would have been probably '94. Mayor Furlong: Okay. Kate Aanenson: So they're going in chronological order here. Mayor Furlong: Okay. So the Song plat occurred between Longacres plat and the dedication in 2001- 2002? Kate Aanenson: Yes. I believe that's correct. Mayor Furlong: Okay, thank you. Q3*W'm Chanhassen City Council—N• ber 13, 2012 Kate Aanenson: So this again would show those easement areas but I think I don't know if Paul wanted to spend some time with a little bit more detail on any of the vacation for the easements or if you had any other questions on that. Other than that we believe it's the best use of the property creating these larger estate lots because based on the fact that there's slopes, heavily wooded, significant wetlands, higher quality and one of again natural environment wetland which we have limited of so we believe that this is well suited for this type of estate lots and would recommend approval based on the public hearing and your recommendation on the vacation of the drainage easements. With that I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff from council. Councilwoman Ernst. Councilwoman Ernst: Kate, can you tell me based on the public hearing at the Planning Commission, did you get any feedback other than the removal of, the concern for the removal of trees? Kate Aanenson: That was the only person that spoke at the meeting. Councilwoman Ernst: Okay. So no other feedback? Kate Aanenson: No. Again the subdivision to the south did have significant trees too. I mean that was called the Woods at Big Acres, the Big, I said that wrong. Big, now I cannot say it. Anyways that subdivision, when that went into place that was controversy at times because we had the Meadows at Longacres on the one side then the Big Woods on the other side and actually you know we worked really hard to save some of the significant trees and that's when we were refining our tree preservation ordinance so some of those lots, there probably was more significant tree removal done on those lots unfortunately on some of those and it's always hard for the Planning Commission, the staff when we're looking at other people's property when we had already recommended kind of those what we believed were the higher quality trees kind of worked into those sloped areas and also provided the opportunity through the preservation to increase the water quality for stormwater management so we believe that was the appropriate way to go but that was the biggest concern is the loss of that visual barrier there. Councilwoman Ernst: Thank you. Kate Aanenson: And I'm sorry Mayor, I did want to point one other thing too. In the staff report we did use the term conservation easement on those new easements and that would be under a condition. We referenced adoption of the conditions and we would change that word specifically under the condition under environmental resources conditions that we change the word conservation to preservation. Legally they have different tests for them. Mayor Furlong: What's the, what is the difference between conservation easement and you said preservation easement? Kate Aanenson: I'll let the City Attorney answer that. Mayor Furlong: Good evening Mr. Knutson. Roger Knutson: Good evening Mr. Mayor. Council. The conservation easement is an easement recognized by statute that has a bunch of rules to it. One of the rules is once it's created it takes the District Court to vacate it. A normal easement that you're involved in like a preservation easement or drainage and utility easement, you can vacate that on your own elision but if you want to get rid of a conservation easement you have to go to court and start an action and then it's quite a complicated process. Chanhassen City Council — N vember 13, 2012 • Mayor Furlong: Okay. Alright, thank you. And I guess the questions I had with regard to the purpose of those, of this preservation easement is for stormwater management? Kate Aanenson: That's correct. What the Water Resources Coordinator did is using the calculations provided through Carver County for best management practices you calculate based on canopy coverage a ratio so that ratio instead of putting a stormwater pond based on the topography, those meetings were held early with the developer to say instead of trying to create a pre-treatment using stormwater and eliminating or grading into the slope or eliminating some of those trees, that we would use a factor of the canopy to help with the extraction of holding back that water before it went into the additional stormwater pond so again with the preservation if there needed to be some tweaking or relocation of trees in the future that the council would then through that terminology have the ability to adjust that in the future. Mayor Furlong: And I guess the question I would have with regard to the preservation easement, is it in terms of putting that in place, is that something that could be managed by staff if there's a desire by the future property owners to work with that? I don't want to get into comments but vacation of a preservation easement or something like that would certainly. Councilman Laufenburger: Or modification. Mayor Furlong: Or modification may require council action but I would believe. Roger Knutson: Yes. Mayor Furlong: The administration of that and how, what's allowed, we allow people to do things in drainage and utility easements periodically with agreement and I would assume that a preservation easement would fall into a similar type of management. Roger Knutson: That's correct, yes. Mayor Furlong: Administration as well. Okay. Alright, thank you. That's good information. Any other questions for council or for staff at this time? And I guess. Councilman Laufenburger: I do have, yeah please. Mayor Furlong: Please. Councilman Laufenburger: Kate would youjust, would you go back one screen to there, multi colored. So if I read this correctly the portion on the, call it on the right side of these 3 diagrams. The orange, the blue and the green, all of those are, you're asking that those all be vacated, is that correct? Kate Aanenson: I'll let the City Engineer speak to those. What those drainage easements were for. Paul Oehme: Councilman Laufenburger, council, we are asking for those easements to be vacated at this time but when the final plat comes in those easements over the existing utility lines would be dedicated at that time so there would be no loss of maintenance or access to that infrastructure. At the final plat time. Councilman Laufenburger: So these easements will be vacated but they will be replaced by easements that serve the 4 lots, is that correct? Paul Oehme: That serve the existing utilities Chanhassen City Council — Amber 13, 2012 • Councilman Laufenburger: The existing, okay. Look at the blue one. That large triangle, actually it looks more like a ballfield but on the upper right, I'm looking at the screen now. Is that in fact a utility and drainage easement or is that the conservation easement? Kate Aanenson: That's actually a conservation easement. That's the wetland one and I apologize on that. If you look on, can I just go to. Councilman Laufenburger: Yeah, show up the page. Kate Aanenson: Yeah, that's actually part of that is, I believe in this area here where there's a wetland and this area shaded around here is the buffer. That's in a conservation easement right now. Councilman Laufenburger: Okay. So if it were possible to overlay the utility easements on this, could you go back to that colored slide again. Is it possible for you to show with an arrow where the driveway is? The private drive. Kate Aanenson: I'm not sure I can on this one. Let me just see. Councilman Laufenburger: Oh wait, okay. Kate Aanenson: It's this one coming further south. Councilman Laufenburger: Okay, right there, okay. Alright, so the request is to vacate these easements at this time but there will be dedicated easements on top of the utilities that exist, is that right? Paul Oehme: Correct. The vacation would be contingent on the final plat being approved and those new easements dedicated. Councilman Laufenburger: Okay. Paul Oehme: It's a lot easier for platting to vacate the easements instead of describing it and then replatting so there's some nuances there. Councilman Laufenburger: Okay. Kate Aanenson: Yeah, and I just want to be clear we're only vacating drainage and utility easements. We're not vacating conservation easement and I'm not sure that that's worded in the motion correctly but it does say drainage and utility easement. We're not vacating a conservation easement and I think that's, misrepresented on this illustration. Councilman Laufenburger: Can you go back two slides? There. Where is, there's a culvert on the property right now that goes under the driveway. Is that the yellow line that goes kind of in a, from a southwest to a northeast direction? No. Farther, between Lots 2 and 4, yeah. Right there. Kate Aanenson: Yeah. Councilman Laufenburger: Do I read correctly that that culvert will be replaced or is it a dual? Kate Aanenson: Yeah, it's going to be a culvert there. That's kind of what we're talking about. Chanhassen City Council — lVember 13, 2012 • Councilman Laufenburger: So that facilitates water movement from Lot 2 under the drive, under the new private street to that wetland area which is in a conservation easement, is that correct? Kate Aanenson: Correct, and we're adding a preservation area around that conservation easement to add additional tree preservation for the ability to slow down the rate of the water before it goes into the wetland here. Councilman Laufenburger: Okay. Okay, I understand that. Now would you go to the, there was an area where you showed a concern at the public hearing regarding trees in Lot 3. Could you go to that? 1 guess that's it right there. Kate Aanenson: Yeah Councilman Laufenburger: So what was expressed by the, at the public hearing about these trees? Kate Aanenson: The neighbor to the south actually got up and we included in your packet illustratively enumerated trees that they would like to see saved that they would see out their, out their deck. Councilman Laufenburger: What was their argument for that? Just that they wanted a better view? Kate Aanenson: That they wanted to continue to preserve that view, right. Councilman Laufenburger: Does that property owner have any trees of their own on their own property, do you know? Kate Aanenson: I'm not sure in that area if you look on the photo from their back yard looking out their deck, it doesn't appear to be too many. Councilman Laufenburger: Is there any restriction that the City has on how many trees somebody can put in their yard? Kate Aanenson: Put in their yard? No. No. Councilman Laufenburger: Okay good, thank you. Those are my questions Mr. Mayor. Mayor Furlong: Alright, thank you. Other questions for staff at this time? Let's, since we've talked about the utility, drainage and utility easements and there have been questions. Let's go ahead, well let's go with the applicant first and we'll get all the information on the table and then we'll have our public hearing with regard to the drainage and utility easements only. Is there a representative, or is the applicant here or their representative that would like to address council? Good evening. Todd Simnig: Good evening council. Todd Simnig. Kroiss Development, 2051 Pioneers Drive in Chanhassen, 55317. I thought Kate did a very good job of describing the project so if you guys have additional questions for me I'd be happy to answer otherwise it's I think fairly self explanatory in what the project is. Mayor Furlong: Okay, any questions? Mr. Laufenburger. Councilman Laufenburger: Simnig, is that correct? Todd Simnig: Yes. Chanhassen City Council — Amber 13, 2012 • Councilman Laufenburger: I'm looking at the drawing that shows the 60 by 60 foot squares or pads on which the homes are intended to be built. Are you comfortable with that? Mayor Furlong: Excuse me, these are the ones on the screen right now that you're talking about? Councilman Laufenburger: Yeah, the ones on the screen right now. Todd Simnig: The ones on the screen right now we're very comfortable with where the houses will be placed, yes. Councilman Laufenburger: And you're also comfortable with the trees that would likely remain and the trees that would be removed? Todd Simnig: Yes. You know with the, we worked with staff actually quite a bit with the two conservation/preservation easements. Councilman Laufenburger: Preservation easements. Todd Simnig: And our only, our only real concern was Lot number 4 and we were trying to get a walkout lot out of that one and because of, actually and I have to admit that I thought staff did a really good job with us in working the line. We really wanted to get a walkout lot out of that one. Councilman Laufenburger. Walking out towards the wetland? Todd Simnig: Yes. We weren't able to. We got a lookout and so we were fine with that and so everything that we showed on there as far as trees to be removed and pad wise worked out for us as well. And you know a lot of developments somebody might go in and develop and sell the lots off and somebody else build. My partner and myself, Steve Kroiss will actually be building the houses in this development so. Councilman Laufenburger: Good, thank you Todd. Todd Simnig: You're welcome. Mayor Furlong: Just a follow up question with regard to the house pads delineated here. The drawing actually shows 100 by 100 and I thought Kate our ordinance requires 60 by 60, is that correct? Kate Aanenson: Yeah. I'll just comment on it a little bit because these are executive homes. They're not going to be in a perfect box. You're going to have a buyer that has specific needs and getting that lookout or that walkout, potentially a pool so I think what we wanted to do is have a rough estimate. I know the neighbors wanted to know exactly where the houses are going to go. Part of the challenge for engineering too is to make sure that we follow the lowest floor elevation and each lot falls within that certain range but you give flexibility to the builder who is trying to meet a buyer's need so what we try to do is approximate what we think you know the shape is not going to be a square more than likely but that we try to estimate what we think is going to be the tree loss and that's really to the neighbors so we don't increase or decrease expectations. We try to be realistic in what we think will happen based on past practices of a typical executive home. Mayor Furlong: Okay. Alright, and other questions for the applicant at this point? With regard to the grading plan, that's going to be a custom grade as opposed to a mass grade? Chanhassen City Council — Pvember 13, 2012 • Todd Simnig: Yes. Mayor Furlong: Could you explain that a little bit for people who may not understand the difference Todd Simnig: You know we'll actually, we'll actually grade the private street coming in. We'll put the private street in there but as we design each individual house, depending on whether it's a two story, whether it's a rambler, you know size, that's one of the reasons why we showed a 100 by 100 pad. It's always best to I guess over emphasize it and then tone it down versus giving a smaller pad and then saying oh boy, we need more. And so in this case they're 1 to 2 acre lots and we really wanted to give everybody the opportunity to decide whether they wanted a rambler, two story, a walkout, or whatever and so at the time of every house that we design we'll actually come up with a custom grading plan. Submit that to the City. The City will actually look back and review it over and give us the okay, whether it's, here's the trees that can go. Here's the ones that can't and here's where the walkout will be and here's where it won't and so once we actually dig the foundation we'll actually grade it out per that individual house. Mayor Furlong: Okay Todd Simnig: And so our hope is to save as many trees, and that's the interesting thing about this you know unique site is that there's so many nice trees on it. We're hoping to be able to save some of the bigger trees depending on the home design and hopefully we can encourage people, as we're designing to say hey, there's trees on this side over here. Let's move the house over here a little bit and here's what we can do with it and then we'll go ahead and take down the trees that need to be and grade that out so that's how the process would work. Mayor Furlong: Okay, that's helpful. Thank you. Any other questions? Mr. Simnig, thank you Todd Simnig: Thank you. Mayor Furlong: Appreciate the comments this evening. Let's go ahead and open up a public hearing with regard to the vacation of the drainage and utility easements and I would invite all interested parties to come forward with regard to that matter and address the council at this time. No? Okay. Thank you. Without objection we'll close the public hearing and bring it back to council for comments. Thoughts. Comments, thoughts, observations. Mr. Laufenburger. Councilman Laufenburger: Just I was, I went into the property earlier today and it's kind of, I'm very excited to see the possibility of 3 new homes coming into Chanhassen obviously but I think it's just a beautiful area and I think the developer is going to have a, they may have a hard time fighting people off from finding space there. Mayor Furlong: Such a problem. Councilman Laufenburger: Yeah, such a problem and I just think that it's, I think it's a good addition for Chanhassen and I would support the, both the subdivision as well as the vacation of the utilities, or the easements. Mayor Furlong: Thank you. Other comments? Discussion. Councilwoman Ernst Chanhassen City Council —N• ber 13, 2012 • Councilwoman Ernst: No, and I agree. I think the developer has done a great job of trying to accommodate the development and trying to save trees and I think it's going to be a great area. Beautiful area so I would support it. Mayor Furlong: Okay. Mr. McDonald, any comments? Councilman McDonald: No comments. I'd say that again everybody's done a real goodjob and I appreciate the fact that what he's trying to do is custom build these within the lots so that there is a minimal damage to the landscape and such and so I look forward to it also. Mayor Furlong: Okay, thank you. I think it's a nice development. It's a beautiful piece of property and will make very nice, nice spots for some new homes. I do also want to thank Ms. Aanenson, city staff for their recommendation with regard to the elimination of a conservation easements being placed on, new ones and moving it over to a preservation area and again, the reason we're looking at this and I think credit is deserved as well for staff for saying that sometimes the one size fits all process doesn't work. The whole reason we're looking at these preservation areas is because anytime there's a development we have to deal with the storm water runoff and there are some pretty nice natural features around this property that we want to try to minimize any effects from the development and one way to do that is to put in a stormwater pond, which we see all across our city. This particular site doesn't really lend itself to that and so by looking for some other alternatives such as recognizing the heavily forested areas in some parts of this property and that the simple facts that plants absorb water and reduce runoff, reduce erosion themselves and utilize that I think makes a whole lot of sense so thank you for doing that. I think that's absolutely the right way to go and I think by moving the, by looking at a preservation area and treating them similar to how we look at drainage and utility easements, that will also, one of our concerns always is to make sure we're balancing public interest with private property rights. Each of these lots will be owned by someone and someone who wants to develop their property as they think is best for them and we want to try to encourage that but keep that balance there against the public interest of stormwater runoff and such and so I would encourage staff as the property owners, the new residents that move into these homes want to try to do some things perhaps in these preservation areas that we look to work with them flexibly so they can achieve their goals of home ownership and at the same time make sure that we're looking out for the natural resources and so it's, you know when applying best practices is good and that's what we try to do all the time but we also recognize that there are, there are qualitative factors that are included in that quantitative process of identifying the areas and so I think there, to the extent that we can approach with some flexibility if requested by the property owners I think that would certainly be the right way to go and I think by establishing preservation areas I think that that's appropriate. I did notice there was some, one of the conditions here under environmental, I think number 5 talks about some signage being put up. I assume that we don't need to be doing that. I can't imagine having signs in the back of my yard or someone else at the edge of an easement so if it's a temporary sign and such for construction purposes, that would certainly make sense but if that's something that we can remove as a condition or however you think. It's number 5 under the Environmental Resource, if you see that. Kate Aanenson: Yep. Mayor Furlong: And again since this isn't a conservation easement we obviously don't need signage outlining such. But with that I commend staff and the developer and the property owner for working so well together. I think that the people that are going to be buying these lots are going to be buying wooded lots and that's what they want to buy and so there's going to be a natural hesitancy to be cutting down a bunch of trees, especially the significant ones and so by moving forward with the process that's been laid out here with the custom grading and the permits on, when the site's designed and as the, as Mr. Simnig said, you know work to preserve trees, I think that's going to be everybody's interest so I thank everybody for all their involvement in that. With that, this is a preliminary plat recommendation, correct? 10 Chanhassen City Council — Nsvember 13, 2012 • Kate Aanenson: Correct. Mayor Furlong: For preliminary and so this will come back to us with final. Is that the point, if we do a motion tonight eliminating references to conservation easements and replacing them with preservation areas, is that, can that language be incorporated in the final? Kate Aanenson: Yep. Yes Mayor, typically those. Mayor Furlong: Without us having to go through tonight. Kate Aanenson: That's correct. Typically we would make those changes as they come back on your consent typically agenda. Mayor Furlong: And that would be fine. That would be fine. Okay. Thank you. Any other discussion? If not, would somebody like to make a motion? Todd Gerhardt: Mayor, council, before you motion. I just wanted to emphasize the Mayor's point. Typically we'll sign anywhere from 50 to 60 encroachment agreements per year allowing residents to encroach into encroach into drainage and utility areas or setback areas so you know the same would hold to this development. If somebody would want to encroach in an area, our engineering department, Paul Oehme's staff reviews those and works with Roger's office to draft the necessary agreement. And then lastly the Mayor signs it and reviews it and. Mayor Furlong: Sometimes asks questions. Todd Gerhardt: Sometimes. Mayor Furlong: Thank you. Would somebody like to make a motion? Councilwoman Ernst: I'll make a motion. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: So do we want to make the modification in here too with replacing the word. Mayor Furlong: Including the change in language from conservation to preservation? Councilwoman Ernst: Yeah. We just add that in. Mayor Furlong: Why don't you add that in. Councilwoman Ernst: Okay. I make a motion we approve the vacation of the drainage and utility easement and the preliminary plat creating 4 lots with a variance for the use of a private street subject to the conditions of the staff report and adoption of the Findings of Fact and replacing the word conservation with the word preservation. Mayor Furlong: Preservation areas. Todd Gerhardt: Eliminate item 5? 11 Chanhassen City Council —N• ber 13, 2012 • Mayor Furlong: And eliminate item 5. Councilwoman Ernst: And eliminate number 5. Mayor Furlong: Under Environmental Resources. Councilwoman Ernst: Under Environmental Resources. Mayor Furlong: Okay, thank you. Is there a second for the motion? Councilman Laufenburger: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Engineering Conditions: 1. The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. 2. At the end of the project, the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 12 Chanhassen City Council — November 13, 2012 0 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop conservation easements to preserve existing wooded areas on Lots 1, 3 and 4. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant 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. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. 13 Chanhassen City Council —Amber 13, 2012 • Parks & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded conservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Appropriate signage demarcating the boundary of the conservation easement must be placed by the applicant before release of the final plat. The signage must be at any point the easement boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 3. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 4. The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of 14 Chanhassen City Council — Pvember 13, 2012 • deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 15 Chanhassen City Council —November 13, 2012 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Resolution #2012-63: Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council adopt a resolution to vacate the drainage and utility easements on Lot 1, Block 1, Song Addition as shown on the attached exhibits prepared by Otto Associates. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: Comments or discussion from council. Councilman McDonald: Mr. Mayor. Mayor Furlong: Mr. McDonald. Councilman McDonald: Yep. Well I just wanted to say that as everybody knows there was an election last week and spent a lot of time out campaigning and such and I just want to thank all the residents and everybody who allowed us to come up to their front door and knock on their door and spend some time talking to us. I know that a lot of people kind of get swamped out with all of this stuff but I'm really appreciative of everybody who supported both myself and also speaking for Ms. Tjoinhom who's not here right now but we are very grateful for everyone who would listen to us and we're very grateful for all the support and the votes that we did receive so thank you Chanhassen and look forward to serving you for another 4 years. Mayor Furlong: Thank you. And I think in that regard maybe if there are other comments about the election, earlier this evening the 5 of us sat as the Canvassing Board and approved the election results and voter turnout was very high in Chanhassen. I think we all appreciate that and thank everybody that took the time and effort to, in their day to come out and vote and that's really, it's a right that all of us have but it's also a responsibility to exercise that right to be an informed voter and so we certainly appreciate everyone's involvement in that. And I'd also like to thank Karen Engelhardt who is our Chief Election Officer in town. All the election judges. What do we have Mr. Gerhardt, about 120? Does that sound right or over 100 election judges many of whom spent their entire day from before 7:00 in the morning til after 8:00 at night at some of the polling places so there were a lot of changes in where people voted this year. It seemed to go fairly smoothly and that's a credit to the planning ahead of time. The election judges on site and then also to the many partners, the churches and others that open their doors and allowed us in as a city to help us conduct our elections. We appreciate all their support as well. Other comments. Councilwoman Ernst: Yes. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I just want to talk a little bit about the Yellow Ribbon. What a great event at the Legion and I want to recognize Laurie because I know Laurie played a big part in that. Mayor Furlong: She did 16 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax:952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us SCOV40 • • ab t 3_ a 01 1u TO: Paul Oehme, Director of Public Works/City Engineer FROM: Alyson Fauske, Assistant City Engineer DATE: November 13, 2012 0j? SUBJ: Lot 1, Block 1, Song Addition: Approve Easement Vacations Planning Case No. 2012-16 PROPOSED MOTION "The City Council is recommended to adopt a resolution to vacate the drainage and utility easements on Lot 1, Block 1, Song Addition as shown on the attached exhibits prepared by Otto Associates. City Council approval requires a simple majority vote of the City Council present. BACKGROUND The subject property is located west of Galpin Boulevard between Lake Harrison Road and Longacres Drive. The property was originally Tract A, RLS Number 94. On January 28, 1988 and March 23, 1989 the Metropolitan Council Environmental Services (MCES) obtained 20 -foot wide easements for a 30" diameter sanitary sewer interceptor located on the northeast corner of the parcel. The easements were recorded as Document Numbers T55603 and T60452, respectivel, A portion of the interceptor is not centered within the MCES easement. The applicant's engineer contacted MCES to inquire about vacating the easement and platting at 20' public drainage and utility easement centered over the interceptor. MCES indicated that the current easements are acceptable and they do not wish to vacate them. The public drainage and utility easements on the Wynsong preliminary plat provide additional easement over the interceptor so that there is a minimum of 10' of easement on each side of the pipe. Chanhassen is a Community for Lite -Providing for Today and Planning for Tomorrow Paul Oehme November 13, 2012 Lot 1, Block 1, Song Addition: Page 2 L Approve Easement Vacations • In 1994, the property was platted as Outlot D, The Woods at Longacres. The plat included drainage and utility easements over the wetlands on the west and south sides of the parcel. A 20 -foot wide drainage and utility easement was also platted in the southeast portion of the parcel to cover an eight inch diameter City sanitary sewer that extends from the MCES interceptor and provides service for the northerly six homes on Northwood Court. The easements dedicated with The Woods at Longacres are shown below. It is unclear if public drainage and utility easements were dedicated over the MCES easements, which is shown as the lighter area on the sketch below. The vacation sketch provided by the developer's engineer includes this easement area, however, only the public drainage and utility easement will be vacated; the underlying MCES easements granted in 1988 and 1989 will remain. In 1996, the property was replatted as Lot 1, Block 1, Song Addition. Perimeter drainage and utility easements as well as drainage and utility easements over the wetlands and utilities were platted, as shown below. It is .,proposed that all of the public drainage and utility easements granted with the Song Addition plat and the prior The Woods at Longacres plat be vacated and rededicated with the Wynsong final plat. The City acquired a sanitary sewer easement in 2001 and a drainage and utility easement in 2002 in the northeast portion of the subject property. These easements are over an eight inch City sanitary sewer that extends from the MCES interceptor to the east and north to provide sanitary sewer service to the Ashling Meadows development located in the southeast corner of Galpin Boulevard and Lake Lucy Road. The developer proposes to vacate these easements and rededicate with the Wynsong plat. G:\ENGWacationsMynsong - PC 12-16\I I-13-2012 CC memo.docx +� In 1996, the property was replatted as Lot 1, Block 1, Song Addition. Perimeter drainage and utility easements as well as drainage and utility easements over the wetlands and utilities were platted, as shown below. It is .,proposed that all of the public drainage and utility easements granted with the Song Addition plat and the prior The Woods at Longacres plat be vacated and rededicated with the Wynsong final plat. The City acquired a sanitary sewer easement in 2001 and a drainage and utility easement in 2002 in the northeast portion of the subject property. These easements are over an eight inch City sanitary sewer that extends from the MCES interceptor to the east and north to provide sanitary sewer service to the Ashling Meadows development located in the southeast corner of Galpin Boulevard and Lake Lucy Road. The developer proposes to vacate these easements and rededicate with the Wynsong plat. G:\ENGWacationsMynsong - PC 12-16\I I-13-2012 CC memo.docx Paul Oehme November 13, 2012 Lot 1, Block 1, Song Addition: Page 3 • Approve Easement Vacations 11 [j The public hearing notice included the vacation of a conservation easement over the west side of the property. After the City Attorney reviewed the conservation easement document it was determined that the City does not have the authority to vacate the easement. The conservation easement will remain and additionally will be granted with the final 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 and filing of the Wynsong final plat. Attachments: 1. Resolution 2. Drawing and legal description of vacation 3. Notice of Public Hearing/Affidavit of Mailing QTNGWv rims\Wynsong - PC 12-16\l1-13-2012 CC memo.dmx 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2012 RESOLUTION NO: 2012 - MOTION BY: SECONDED BY: A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 1, SONG ADDITION PLANNING CASE FILE NO. 2012-16 WHEREAS, the City of Chanhassen has received a request to vacate the following public drainage and utility easements located within Lot 1, Block 1, Song Addition: drainage and utility easements dedicated by the recording of the plat of The Woods at Longacres recorded with the Carver County Registrar of Titles on August 17, 1994, as Document No. T85306; 2. drainage and utility easements dedicated by the recording of the plat of Song Addition recorded with the Carver County Registrar of Titles on October 18, 1996 as Document No. T94113; 3. drainage and utility easements granted by the recording of a Grant of Permanent Easement for Drainage and Utility Purposes dated May 30, 2001 and recorded with the Carver County Registrar of Titles on September 18, 2001 as Document No. T121706; and 4. drainage and utility easements granted by the recording of a Grant of Permanent Easement for Drainage and Utility Purposes dated March 12, 2002 and recorded with the Carver County Registrar of Titles on January 15, 2003, as Document No. T133056; all as legally described in the attached vacation descriptions (collectively referred to herein as "Drainage and Utility Easements'); and WHEREAS, Lot 1, Block 1, Song Addition was previously platted as Outlot D, The Woods at Longacres; and 0 0 NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the Drainage and Utility Easements on Lot 1, Block 1, Song Addition as previously described herein. Passed and adopted by the Chanhassen City Council this 13th day of November, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT DENOTES EASEMENT TO BE VACATED est eaze O6 e'�et ttZt� ark s Na. �5onr Oac. e / 1 9 North line of Lot 1 N89'43'14 "W 192.6f I wl/ Q N07'0175"W 35.12 ;.—drainage & utility easement per Doc. No. II \,�`"�,' T133056 1,\?"-> N'01'15"W 38.221 I Z I L A I/� I 1 \ DOCUMENT NO. T121706 Northeast corner— of Lot i 4 A F-1 /1 I T I /l A l f—i L1vI l Il_/f v An easement for Sanitary Sewer purposes over, under, and across that port of Lot 1 Block 1, SONG ADDITION, Carver County, Minnesota according to the recorded plat thereof described as follows: Commencing at the northeast corner of said Lot 1; thence North 89 degrees 43 minutes 14 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 192.58 feet to the point of beginning; thence continuing along said north line, North 89 degrees 43 minutes 14 seconds West, o distance of 42.85 feet; thence South 08 degrees 16 minutes 34 seconds East a distance of 46.93 feet; thence North 74 degrees 16 minutes 23 seconds East o distance of 41.96 feel; thence North 07 degrees 01 minutes 15 seconds West o distance of 35.12 feet to the point of beginning. DOCUMENT NO. T133056 An easement for Sanitary Sewer purposes over, under, and across that part of Lot 1 Block 1, SONG ADDITION, Carver County, Minnesota according to the recorded plot thereof described as follows: Commencing of the northeast corner of said Lot 1; thence North 89 degrees 43 minutes 14 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 192.68 feet; thence South 07 degrees 01 minutes 15 seconds East, 35.12 feet to the point of beginning; thence continuing along lost described course South 07 degrees 01 minutes 15 seconds East, 38.22 feet, thence North 27 degrees 58 minutes 38 seconds West, 38.66 feet, thence North 74 degrees 16 minutes 23 seconds East, 13.99 feet to the point of beginning. WYNSONG—ottoassodwr,` m EXHIBITA DATE: 9/25/12 9 West Division Street TTOBuffalSCALE: 1"=40' GALPIN BLVD. PARTNERS, LLCQSOCIATES (763)o,MN55313 (763)682-0727 Job. No. Fax. 1763'682.3522 DRAWN Br: C.S.o. CHANHASSEN, MN2-1z-0191 Engineers 8 Land Surveyors, Ina Y 7. I r" raj i, r+`yam I PROPOSED VACATED EASEMENTS All of the Drainage and Utility Easements as donated and dedicated on the recorded plot of SONG ADDITION, Carver County, Minnesota. AND All o/ the Drainage and Utility Easements contained within Outlot D as donated and dedicated on the recorded plot o/ THE WOODS AT LONGACRES, Carver County. Minnesota. DENOTES EASEMENTS TO BE VACATED DATE: 9/26/72 WYNSONG GALPIN BLVD. PARTNERS, LLC CHANHASSEN MN . www°°°°soca'°s°°m 9 West Division (7s M2472710, MN 313 e( Fe. (763)M2 3522 QS7? Engmeen;BLandsarveyors,lnc EXHIBITA B SCALE: 1"=100' Job. No. 2-72-0797 DRAWN 6Y: C.S.O. 0 0 NOTICE OF PUBLIC HEARING VACATION OF CONSERVATION AND DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Tuesday, November 13, 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 Galpin Boulevard Partners, LLC for the vacation of a conservation easement and drainage and utility easements on Lot 1, Block, 1, Song Addition. 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 October 25, 2012) gieng\vacations\wynsong - pc 12-16\ph notice to paperdoc 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 31, 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 Conservation and Drainage & Utility Easements on Lot 1, Block 1, Song Addition, Planning Case File No. 12-16 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 s om to before me thiS3lsF day o 2012. Notary Public SEAN M.STECKLING e Notary Public'Minnesota My CpMm� FxO� Jan 31,2014 Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, November 13, 2012 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposal: Proposed Vacation of Conservation and Drainage & Proposal: Utility Easements - Planning Case File No. 12-16 A licant: Gal in Boulevard Partners, LLC _ Lot 1, Block 1, Song Addition Address/ Location of A location map is on the reverse side of this Proposal: notice. 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 vacated property generally reverts to the owner of the abutting ro ert. the abutting property. This public hearing gives the neighborhood an This public hearing gives the neighborhood an opportunity to comment on the proposal. During opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens happens at the 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. 3. Comments are received from the public. 4. Public hearing is closed and the Council 4. Public hearing is closed and the Council discusses the vacation request. discusses the vacation request. If you'd like to review the proposal before the If you'd like to review the proposal before the meeting, please stop by City Hall during office meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through 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 jshamla@ci.chanhassen.mn.us if you have any questions or wish to submit written you have any questions or wish to submit written comments (please provide one copy in advance of comments (please provide one copy in advance of the meeting - staff will provide copies to the the meeting - staff will provide copies to the Council). Council). Notice of this public hearing has been published in the Chanhassen Villager on October 25, 2012. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, November 13, 2012 at 7:00 p.m. public City Hall Council Chambers, 7700 Market Blvd. hearing: Proposed Vacation of Conservation and Drainage & Proposal: Utility Easements - Planning Case File No. 12-16 Applicant: Gal in Boulevard Partners, LLC Address/ Lot 1, Block 1, Song Addition Location of A location map is on the reverse side of this Proposal: notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Please contact Alyson Fauske at 952 -227 - Questions & 1164 or e-mail jshamla@ci.chanhassen.mn.us if Comments: you have any questions or wish to submit written comments (please provide one copy in advance of the meeting - staff will provide copies to the Council). Notice of this public hearing has been published in the Chanhassen Villager on October 25, 2012. This map is neither a legally worded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is 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 efrors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges 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 user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records. information and data located in various city, county, state and federal offices and other sources regarding the area shown. and is 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 requiting exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges 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 arse out of the users access or use of data provided. 0 0 0 ASHLING MEADOWS HOMEOWNERS BRUCE A & JERILYN M KRAFT CARTER W MUENCH 16305 36TH AVE N SUITE 600 7094 NORTHWOOD CT 2185 LAKE HARRISON RD PLYMOUTH MN 55446-4270 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-4624 CARVER COUNTY 602 4TH ST E CHASKA MN 55318-2102 DAVID B ERICKSON 7095 NORTHWOOD CT CHANHASSEN MN 55317-7582 DOUGLAS J AHRENS 1949 TOPAZ DR CHANHASSEN MN 55317-7593 JAMES D SHEEDY 6955 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN W & LISA G WING 7049 HARRISON HILL TRL CHANHASSEN MN 55317-7585 MARC A HOPE 6960 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 NONG TU DANG 6890 LAKE HARRISON CIR CHANHASSEN MN 55317-4589 PETER JOHN GARBERG 7075 NORTHWOOD CT CHANHASSEN MN 55317-7582 CHARLES C S & AMY SONG 7042 GALPIN BLVD EXCELSIOR MN 55331-8025 DAVID H ROYER 2330 HARRISON HILL CT CHANHASSEN MN 55317-7586 GREENWOOD DESIGN BUILD LLC 5114 EDINA INDUSTRIAL BLVD EDINA MN 55439 - JEFFREY A VANTHOURNOUT 6900 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317-0542 MARK A WAGNER 6945 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN MN 55317-8436 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 DANIEL P & KATHRYN J O'CONNOR 7124 NORTHWOOD CT CHANHASSEN MN 55317-7566 DONALD J LOBERG 6915 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JAMES B FARRELL 6950 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN C & CARRIE M TIETZ 7011 GALPIN BLVD EXCELSIOR MN 55331-8026 LUTHER T & EMILY J HIPPE 6940 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 MICHAEL A EVERETT 6930 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PATRICK DOUGLAS SIMMONS 7055 NORTHWOOD CT CHANHASSEN MN 55317-7582 ROBERT JAY KLINE 2175 LAKE HARRISON RD CHANHASSEN MN 55317-4624 RONALD FRANK NUTTING SARAH D G CLAUSS SCOTT CARL & KATHRYN M WOSJE 7063 HARRISON HILL TRL 7074 NORTHWOOD CT 7125 NORTHWOOD CT CHANHASSEN MN 55317-7585 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-7566 0 SHERALYN K SADDLER STEVEN P & JODY K BUSKA 1957 TOPAZ DR 7054 NORTHWOOD CT 6965 LAKE HASURESH KRISHNA CIR CHANHASSEN MN 55317-7593 CHANHASSEN MN 55317-7582 CHANHASSEN RMNO55317-4625 TERRYL ANN MUELLER 7077 HARRISON HILL TRL CHANHASSEN MN 55317-7585 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317-7586 THOMAS P & ANGELA D VUKOVICH 1965 TOPAZ DR CHANHASSEN MN 55317-7593 TODD N SHELDON WILLIAM O NAEGELE STEVE KROISS 6925 LAKE HARRISON CIR 4300 BAKER RD GALPIN BLVD PARTNERS LLC CHANHASSEN MN 55317-4625 MINNETONKA MN 55343-8600 PO BOX 218 CHANHASSEN MN 55317 x 0 CITY OF CHANHASSEN 0 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 October 31, 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 Conservation and Drainage & Utility Easements on Lot 1, Block 1, Song Addition, Planning Case File No. 12-16 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 ands orn to before me thi&st day o 2012. Notary Public „g JEAN M. STEGKUNG Notary Publici�naa31°2014 ;'�: MY Cpnmissa� EYP Notice of Public Hearing Notice of Public Hearing Chanhassen City Council Meeting Chanhassen City Council Meeting When is the public Monday, November 13, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Conservation and Drainage & Utility Easements - Planning Case File No. 12-16 Applicant: Gal in Boulevard Partners, LLC Lot 1, Block 1, Song Addition Address/ Location of A location map is on the reverse side of this Proposal: notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting property. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2. The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail jshamla@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 October 25, 2012. When is the public Monday, November 13, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Proposal: Proposed Vacation of Conservation and Drainage & Utility Easements - Planning Case File No. 12-16 Applicant: Gal in Boulevard Partners, LLC Lot 1, Block 1, Song Addition Address/ Location of A location map is on the reverse side of this Propos 1: notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting ro ert . This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the vacation request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the vacation request. If you'd like to review the proposal before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Questions & Friday. Please contact Alyson Fauske at 952 -227 - Comments: 1164 or e-mail jshamla@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 October 25, 2012. • re �f 4"1 •r. s Disclaimer - This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is 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. H errors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, 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 user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is 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 erors or discrepancies are found please contact 952-227-1164. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges 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 user's access or use of data provided. 0 L ASHLING MEADOWS HOMEOWNERS 16305 36TH AVE N SUITE 600 PLYMOUTH MN 55446-4270 CARVER COUNTY 602 4TH ST E CHASKA MN 55318-2102 DAVID B ERICKSON 7095 NORTHWOOD CT CHANHASSEN MN 55317-7582 DOUGLAS J AHRENS 1949 TOPAZ DR CHANHASSEN MN 55317-7593 JAMES D SHEEDY 6955 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN W & LISA G WING 7049 HARRISON HILL TRL CHANHASSEN MN 55317-7585 MARC A HOPE 6960 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 NONG TU DANG 6890 LAKE HARRISON CIR CHANHASSEN MN 55317-4589 PETER JOHN GARBERG 7075 NORTHWOOD CT CHANHASSEN MN 55317-7582 BRUCE A & JERILYN M KRAFT 7094 NORTHWOOD CT CHANHASSEN MN 55317-7582 CHARLES C S & AMY SONG 7042 GALPIN BLVD EXCELSIOR MN 55331-8025 DAVID H ROYER 2330 HARRISON HILL CT CHANHASSEN MN 55317-7586 GREENWOOD DESIGN BUILD LLC 5114 EDINA INDUSTRIAL BLVD EDINA MN 55439 - JEFFREY A VANTHOURNOUT 6900 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317-0542 MARK A WAGNER 6945 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN MN 55317-8436 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 • CARTER W MUENCH 2185 LAKE HARRISON RD CHANHASSEN MN 553174624 DANIEL P & KATHRYN J O'CONNOR 7124 NORTHWOOD CT CHANHASSEN MN 55317-7566 DONALD J LOBERG 6915 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JAMES B FARRELL 6950 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN C & CARRIE M TIETZ 7011 GALPIN BLVD EXCELSIOR MN 55331-8026 LUTHER T & EMILY J HIPPIE 6940 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 MICHAEL A EVERETT 6930 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PATRICK DOUGLAS SIMMONS 7055 NORTHWOOD CT CHANHASSEN MN 55317-7582 ROBERT JAY KLINE 2175 LAKE HARRISON RD CHANHASSEN MN 55317-4624 RONALD FRANK NUTTING SARAH D G CLAUSS SCOTT CARL & KATHRYN M WOSJE 7063 HARRISON HILL TRL 7074 NORTHWOOD CT 7125 NORTHWOOD CT CHANHASSEN MN 55317-7585 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-7566 SHERALYN K SADDLER 1957 TOPAZ DR CHANHASSEN MN 55317-7593 TERRYL ANN MUELLER 7077 HARRISON HILL TRL CHANHASSEN MN 55317-7585 STEVEN P & JODY K BUSKA 7054 NORTHWOOD CT CHANHASSEN MN 55317-7582 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317-7586 0 SURESH KRISHNA 6965 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 THOMAS P & ANGELA D VUKOVICH 1965 TOPAZ DR CHANHASSEN MN 55317-7593 TODD N SHELDON WILLIAM O NAEGELE STEVE KROISS 6925 LAKE HARRISON CIR 4300 BAKER RD GALPIN BLVD PARTNERS LLC CHANHASSEN MN 55317-4625 MINNETONKA MN 55343-8600 CH BOX 218 CHANHASSEN MN 55317 Affidavit of Publication Southwest Newspapers NOTICE OF PUBLIC ITARING VACATION OF CONSERVATION State of Minnesota) AND DRAINAGE & UTILITY EASEMENTS )SS. CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN County of Carver y ) that the Chanhassen City Coun- cil will hold a public hearing on Tuesday, November 13, 2012, at 7:00 P.m. in the Council Chambers at Chanhassen City Hall, Market Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized Boulevard. The purpose this agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- hearing is to consider the request re lager and has full knowledge of the facts herein stated as follows: of GalPin Boulevard Partners, LLC for the vacation of a conservation (A) These newspapers have complied with the requirements constituting qualification as a legal easement and drainage and utility newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as easements on Lot 1, Block, 1, Song Addition. amended. A legal description and draw- (B) The printed public notice that is attached to this Affidavit and identified as No. are of the proposed vacation areas are available for public review at was published on the date or dates and in the newspaper stated in the attached Notice and said City Hall during regular business Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of hours. the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both All interested persons are in- inclusive, and is hereby acknowledged as being the kind and size of type used in the composition vited to attend this public hearing and publication of the Notice: and express their opinions with respect to this proposal. Alyson Fauske, abcdefghijklmnopgrsm ryz Assistant City Engin Engineer Phone:hanh7-1164 (Published in the Chanhassen �^'✓�✓ Villager on Thursday. October 25, 2012; No. 47388) Laurie A. Hartrnann Subscribed and sworn before me on this .�J day of 2012 JYMME JEANNETTE BARK 2/ NOTARY PUBLIC -MINNESOTA No blit MY COMMISSION EXPIRES 01131113 SCANNED 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 • C, NOTICE OF PUBLIC HEARING VACATION OF CONSERVATION AND DRAINAGE & UTILITY EASEMENTS CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Tuesday, November 13, 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 Galpin Boulevard Partners, LLC for the vacation of a conservation easement and drainage and utility easements on Lot 1, Block, 1, Song Addition. 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 October 25, 2012) gAeng\vacations\wynsong - pc 12-16\ph notice to papaAm