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2. McGlynn Park 2nd Addition: Vacation Portion of Buttercup Road.n F J 1 TO: CITY OF cl CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Charles Folch, Director of Public Works Action by City Administrator Endorsed ► fZ4h°�'� Modified Rejected Date_ Date Submitted to Commission FROM: David Hempel, Assistant City Engineer V& Date "uh^itted to Council DATE: November 20, 1996 ' SUBJ: Consider Vacation of a Portion of Buttercup Road in Outlot A, McGlynn Park Second Addition - Vacation File No. 96 -6 1 J Staff has received an application from Shamrock Property Partners, owners of Outlot A, McGlynn Park and McGlynn Park Second Addition. The applicant is requesting to vacate a portion of Buttercup Road (McGlynn Rd.) lying west and south of the existing McGlynn Road and north of Coulter Boulevard. The attached boundary survey prepared by Demars- Gabriel dated June 17, 1996 denotes the proposed vacation. Staff is recommending approval of the vacation since the right -of -way (paper street) is no longer needed. In addition, the adjacent properties are in outlot status so when the parcels are subdivided in the future, a new road right -of -way will be dedicated at that time. Over the past summer, the City has extended Coulter Boulevard easterly from the school to Audubon Road. Part of Coulter Boulevard encroaches Outlot A of McGlynn Park. Staff is recommending that the vacation of Buttercup Road be conditioned upon trading right-of-way for Coulter Boulevard which lies along the southerly portion of Outlot A as shown on the attached boundary survey. The portion of Buttercup Road proposed to be vacated equals 36,880 square feet. The proposed area to be dedicated as requested by staff (Coulter Boulevard) totals 21,600 square feet. It is therefore recommended that the City Council vacate that portion of Buttercup Road, also known as McGlynn Road, legally described on the boundary survey prepared by Demars- Gabriel dated June 17,1996 ,revised Oct 1, 1996 conditioned upon the applicant dedicating a 6011. wide right -of -way for existing Coulter Boulevard through Outlot A, McGlynn Park. jms Attachment: 1. Application for Vacation and boundary survey _ . ---- -. 2. Affidavit of Mailing Notice. c: Karen Cole Popham Haik G r';?cer Shamrock Properties \ �cfsl\ vo2vngVave\cc\buttencupvacation doc MEMORANDUM POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. DENVER, COLORADO TEL 303 -893 -1200 MIAMI, FLORIDA TEL 305 -530 -0050 PIPER JAFFRAY TOWER, SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 -3336 TEL 612 - 333 -4800 • FAX 612 - 334 -8888 WASHINGTON, D.C. TEL 202 -824 -8000 INTERNATIONAL AFFILIATION: BEIJING, CHINA TEL 011861- 5135261 KAREN R. COLE, ESQ. DIRECT DIAL (612) 334 -2501 November 6, 1996 Mr. David C. Hempel Assistant City Engineer City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Re: Shamrock Property Partners Our File No.: 23567 -007 Dear David: i "Y Ot CE MHOUSTO NOV 0'7 1996 IMP GINER Our office represents Shamrock Properties, which requests City approval for the vacation of a segment of Buttercup Road in Outlot A, McGlynn Park Second Addition which will not be needed for use as a roadway. Enclosed please find a completed application form, and a check in the amount of $150 for the application fee. Also please find enclosed the other material required by the City for vacation of a roadway. We would appreciate being placed on the Council agenda for the next possible Council meeting. 538/18109434 11/6/96 Mr. David C. Hempel ' November 6, 1996 Page 2 0 Please call if you require anything further or have any questions. KRC:eal ' cc: James R. Steilen Enclosures 1 538118109434 1116/96 Very truly yours, Karen R. Cole CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, being 1,f`irst duly sworn, on oath deposes that she is and was on 'wJ' `1 , 19 the duly qualified and acting Deputy Clerk of the City of Chan- hassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of IV to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this r day o f Nn 19_9� otary v „I, ; .. I ' KIM T. MEUWISSEN !! NOTARY PUBLIC -MINNESOTA CARVER COUNTY My Commission Expires Jan. 31, 2000 CARVER COUNTY ABSTRACT AND TITLE CO., INC. CARVER COUNTY (612) 448 -5570 201 Chestnut St. N. FAX (612) 448 -5155 ABSTRACT & TITLE. P.O. Box 106 Dale B. Kutter Chaska, MN 55318 David E. Moonen I I July 15, 1996 Popham & Haik Law Office 3300 Piper Jaffry Tower 222 So 9th St. Mpls., MN 55402 Attn: Karen Cole According to the 1996 Tax Books in the Carver County Treasurers Office the following persons are listed as owners of the property within Carver County, Minnesota, which lies within 500 feet to the following described property: Outlot A, McGlynn Park; Outlot A, McGlynn Park 2nd Addition 1. McGlynn Bakeries, Inc. ' c/o Grand Met Tax Dept 200 S 6th St Mpls., MN 55402 u 2. Michael J. Gorra 1680 Arboretum Blvd Chanhassen, MN 55317 3. Leander P & Patricia L Kerber 1620 Arbortetum Blvd Chanhassen, MN 55317 4. David & Juliann Luse 15195 Martin Dr Eden Prairie, MN 55344 z � �; �' " Ik - - � 9, "�' � rver County A stract & Title Co., Inc. 5. Hi -Way 5 Partnership c/o Dennis Dirlam 15241 Creekside Ct Eden Prairie, MN 55344 6. PRN Music Corporation 7801 Audubon Rd Chanhassen, MN 55317 7. Alfred A Iversen PMT Corporation 1500 Park Rd Chanhassen, MN 55317 8. Chanhassen HRA 690 Coulter Dr. PO Box 147 Chanhassen, MN 55317 This company does not assume any liability for the accuracy of this report. 1 I NOTICE OF PUBLIC HEARING PROPOSED VACATION OF RIGHT -OF -WAY EASEMENT ' CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public , hearing on Monday, November 25, 1996 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of ' Shamrock Property to vacate a segment of an existing right -of -way on Buttercup Road located south of T. H. 5, west of Audubon Road and north of Coulter Blvd. within Outlot A, McGlynn Park and Outlot A, McGlynn Park 2nd Addition. , A plan showing the location of the proposal is available for 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. I David C. Hempel, Asst. City Engineer ' Phone: 937 -1900, ext. 123 (Publish in the Chanhassen Villager on November 14, 1996) 1 to ti OUTLOT MC GLYNN PARK 1 pe ( e pf -Vi 60 C* ' s.t i �' � 4 -sj 7W �VC-;GLYW =ROAD N 88'Ga 5 E 6M 47 c Sf 9,C) (' OUTLOT A '0a MC GLYNN PARK 2ND ADDITION E 7 q feet E F- 70 n -COULTER- ROAD V L -J OU'Ll-,