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CC Staff Report Vacation 12-10-20124 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer FROM: Alyson Fauske, Assistant City Engineer DATE: December 10, 2012 �b SUBJECT: Easement Vacation, Lot 1, Block 1 Stoddart Addition, 1611 West 63rd Street Planning Case No. 12 -19 PROPOSED MOTION "The City Council is recommended to adopt a resolution to vacate a portion of the drainage and utility easements on Lot 1, Block 1, Stoddart Addition, as shown on the attached survey prepared by Premier Land Surveying, LLC, dated 11/05/2012 and subject to the dedication of additional drainage and utility easements as shown on the "Proposed Drainage & Utility Easements" survey preparted by Premier Land Surveying, LLC dated 10/29/2012, revised 11/19/2012. City Council approval requires a simple majority vote of the City Council present. Finance Phone: 952.227.1140 BACKGROUND Fax: 952.227.1110 The subject property is located on the southwest corner of West 63rd Street and Yosemite Park & Recreation Avenue. The property was platted as Lot 1, Block 1, Stoddart Addition in 1986 and is shown Phone: 952.227.1120 in blue on the map below. The applicant has submitted plans to subdivide the property into Fax: 952.227.1110 two lots and has requested the vacation of a drainage and utility easement in order to do so. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ...... City-Wimits I -� West 63rd Street' I )7 ` ,% Sub ed PlOD N !� 0 Road _ __L_ i l. l._..1 � ' _ L I_ ,. i 1 1 r Nil Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 1611 W63rd Easement Vacation Page 2 of 2 The Stoddart Addition plat included drainage and utility easements as shown in yellow. It is assumed that the oversized easement on the east side of Lot 1, Block 1 (outlined in blue) was granted to cover temporary ponding since this entire easement area used to be the low area of a 7.40 acre watershed that drains to Clasen Lake to the east via a culvert under Yosemite Avenue. In 2007 the City reconstructed the streets and utilities in this area. Additional storm sewer was installed in Yosemite Avenue, discharging to a stormwater pond to the south. An outlet to the low area on 1611 West 63rd Street connects to the Yosemite Avenue storm sewer. The culvert under Yosemite Avenue to Clasen Lake remains and acts as an overflow structure. Wetland conditions were not present in the low area of 1611 West 63rd Street. This area was filled in with the 2007 project at the property owner's request. The applicant's engineer completed a drainage analysis i UNIA --- TRAIL and calculated the peak elevation of the runoff for a 100 -year event. The majority of the drainage and utility easement on the east side of Lot 1, Block 1, Stoddart Addition is no longer necessary. The applicant will dedicate a 15 to 20 foot wide drainage and utility easement on the south lot line of Parcel B over the drainageway and the area the 100 -year water elevation as determined by the applicant's engineer. The applicant will also dedicate five foot wide sideyard easements on Parcels A and B along the common lot line. Proposed easement vacation Proposed easements (New easements to be dedicated by the applicant are shown in grey; existing easements to remain are shown in yellow) 1 «r «re rrxrfr t 1 1 F 1 I t � 1 1 There are no private utilities within the proposed vacation area. Attachments: 1. Resolution 2. Drawing and legal description of vacation 3. Drawing and legal description of proposed easements 4. Notice of Public Hearing/Affidavit of Mailing G:\ENG \Vacations\Stoddart 1,1131 - PC 12- 19 \12 -10 -2012 CC memo.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: December 10, 2012 RESOLUTION NO: 2012- MOTION BY: SECONDED BY: A RESOLUTION VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 1, STODDART ADDITION, PLANNING CASE FILE NO. 2012 -19 WHEREAS, the City of Chanhassen has received a request to vacate a portion of a public drainage and utility easements located within Lot 1, Block 1, Stoddart Addition as legally described in the attached vacation description; and WHEREAS, the existing drainage and utility easements were acquired by the City in 1986 with the Stoddart Addition plat. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating a portion of the Drainage and Utility Easements on Lot 1, Block 1, Stoddart Addition as described in the attached vacation description. Passed and adopted by the Chanhassen City Council this 10th day of December, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Easement Vocadan EKhlblt for Jay Meyer Ifil W 63rd Shwat ChwdwAsw% MIN WWI .4 EUSTMQ EASEMENT TO W VACATED: That pert of the wdsthV dmW"o and ulft sasernent es shown over Lot 1, Block 1, STODDART ADDITION, according to the recorded plat Owed, Carver County. W"mots. " easterly of a are described as folms: CornrranckV st the Nodheast crow of said Lot 1; therm North 90 degrees 00 ffAmdn 00 seconds Week anted bmft Wong the NoM Wo of said Lot 1, a O Merree of 93.50 fog to the Point of bogkwft of said fine to be harminafter demalbet thence South 00 doom" 01 mkKfts 19 OOOW40 West a distance, of 115.87 fed to the northerly We of Lot Z Work 1, STODDART ADDITION. and SM are "we tenninadriv. I= DENOTES EASEMENT TO BE VACATED 'V 41 ---------- 7 . /—W W- - 7 22M liWUl $p � PRE LAND SURVEYING, LLC aelMi.W10 - - — — — — ` L 57--,. I - - - - - - - - - - - - - - - - -- - ------- --- 27.7 orb masymo HOUSE Ile ------- — -- ---------- - ------- -- ------------ ------------ — 4 0 1 11" 'V 41 ---------- 7 . /—W W- - 7 22M liWUl $p � PRE LAND SURVEYING, LLC aelMi.W10 Proposed Drainage d Utility Easements for: Jay MSy" 1611 w 63rd Sheet Chsnhssslfl, INN 66331 PROPOSED DRAINAGE i UTILITY EASEMENT DESCRHTIONB: EASEMENT NO. 1: A strip ofWtd 10.00 fog in with overthet part of Lot 1, Block 1, STOODART ADDITION, according to the recorded pot Orereof, Cover County, MIMesote, he souftrly Ilee dwhich Is wMgkwus with the northsAy lino of Lot 2, Block 1, STODDART ADDITION. Said ship of lend Is to intend by Its WS VAM fran #0 mosteootsdy line of said Lot 1, to he nortmly "Wolon Of the wesWly Irmo at Lot 2, Block 1, STODDART ADDITION. Except the souff" 0.00 Net of the wesledy 79.50 feet thereof. And also s ship d led 5.00 Net M width ow that pert of the meet esdely 50.00 Net said Lot 1, the ScuSkMy One of~ is contlplaw wfth the rtorthedy Err dtre Show dsewbed aassnrwd. EASEMENT NO. 2: The mws4eastsrly 10.00 Net of Lot 1. Block 1, STODDART ADDITION, aowrdhV to the recorded Plot hereof. Carver County, mwmo a. Ewept he Sa N" 10.00 feet Stared. EASEMENT NO. 3: That part of the norhely 10.00 Net dote wag eeelemy 93A Net of Lot 1. Block 1, STOODART ADDITION. a000rdkV N the recorded plot tfwred. Corer County. MInnosofe, ykV was" of the mod.emm dy 10.00 Net#Wed, EASEMENT NO. 4: A etrtp Blend 0.00 Net In wloth over Diet part of lot 1. Block 1. STODDART ADDITION, a000rdln0 N the mordsd plot Orono, Corer County, Mimresota, the wwtoy Nne of Sold ship of lend Is coMipuous wpb the wMarly OMWOW of Me wed" line of lot 2. Block 1, STODDART ADDITION, Boa Strip of lend Is N extend by Its hat width imam s kw drawn parallel wah and dhdsrd 10.00 Net wthMy of the rw #wly Iles of Lot 2, Block 1, STODDART ADDITION, to the nNowly Ine Beale Lot 1.&AW no rt tholy 10.00 Net#wcf. t1ENOTU PROPOSED DRAINAGE a UTILITY RA MIDI T I hereby ow* thelOft eurwy wY pnowed by m• or urdwasy dheal agervb1on end Bret I am a duly Ilowaed Proll"I M Land awwywwkdwthet.neof MSlob dMMwow. - 4. -. L_L_ 22703 10=12 REVISED: 11/19/12 • PROPOSED EASEMENTS A SMALL UTILITIES Sloven V. teats LIMMe No Deb Az "IF vo l 1 r _ r I ' . l r r r F' WREMIER LAND SURVEYING, LLC M419-0070 NOTICE OF PUBLIC HEARING VACATION OF DRAINAGE & UTILITY EASEMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, December 10, 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 Jay Meyer for the vacation of the drainage and utility easement on Lot 1, Block 1, Stoddart Addition. A legal description and drawing of the proposed vacation area is 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 November 22, 2012) gAeng \vacations\stoddart l lbl - pc 12 -19 \ph notice to paper.doc 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 November 29, 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 Public Hearing for Meyers Subdivision & Vacation Request — Planning Case 2012 -19 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. L K n J. E1(g�ardt, D puty Clerk Subscribed and sw m to before me this day of erer' , 2012. �1 Notary P lic KIM T. MEUWISSEN 3.; Notary Public- Minnesota SCANNED � +';;' My Commission Expires Jan 31, 2015 Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, December 10, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd.. Request for a Metes and Bounds Subdivision (Meyer Addition) of 1.42 acres into two (2) lots on Proposal: property zoned Single Family Residential (RSF); and Vacation of Drainage & Utility Easements. Planning Case File No. 2012 -19 Applicant: Jay Meyer Address/ 1611 West 63 Street Location of Lots 1 and 4, Block 1, Stoddart Addition Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is a easement or right of way over the property. The vacation: vacated property generally reverts to the owner of the abutting 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 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 request. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -19 If you wish to Questions talk to someone about this project, please contact & Robert Generous by email at Comments: bgenerous(D_ci.chanhassen.mn.us or by phone at 952 - 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City. Notice of this public hearing has been published in the Chanhassen Villager on November 22, 2012 (Vacation) & November 29, 2012 (Subdivision). Notice of Public Hearing Chanhassen City Council Meeting When is the public Monday, December 10, 2012 at 7:00 p.m. hearing: City Hall Council Chambers, 7700 Market Blvd. Request for a Metes and Bounds Subdivision (Meyer Addition) of 1.42 acres into two (2) lots on Proposal: property zoned Single Family Residential (RSF); and Vacation of Drainage & Utility Easements. Planning Case File No. 2012 -19 Applicant: Jay Meyer Address/ 1611 West 63 Street Location of Lots 1 and 4, Block 1, Stoddart Addition Proposal: A location map is on the reverse side of this notice. A vacation proceeding extinguishes the city's What is s - 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 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 request. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -19 If you wish to Questions talk to someone about this project, please contact & Robert Generous by email at Comments: bgenerous(a)-ci.chanhassen.mn.us or by phone at 952 - 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City. Notice of this public hearing has been published in the Chanhassen Villager on November 22, 2012 ( Vacation) & November 29, 2012 (Subdivision). ADELE M PINT ALAN D & LAURA ANN R FRIDGEN ANN B NYE 1641 KOEHNEN CIR E 6291 BLUE JAY CIR 1641 63RD ST W EXCELSIOR MN 55331 -9015 EXCELSIOR MN 55331 -9008 EXCELSIOR MN 55331 -9001 ANTHONY J & GLORIANN SCHWARTZ 6295 AUDUBON CIR EXCELSIOR MN 55331 -9007 BARBARA MARIE SOLUM 1630 63RD ST W EXCELSIOR MN 55331 -9056 BARRY JOHN CONDA 6285 AUDUBON CIR EXCELSIOR MN 55331 -9000 BART T & ANNETTE R ELLSON 1700 TEAL CIR EXCELSIOR MN 55331 -9097 CHARLES B HEBERT 6411 YOSEMITE EXCELSIOR MN 55331 -9036 D W LUTTERMAN INC 6975 INWOOD RD COLOGNE MN 55322 -9167 DONALD G TRICK PO BOX 100266 FORT WORTH TX 76185 -0266 HERBERT F & LEOLA M CLASEN 6351 YOSEMITE EXCELSIOR MN 55331 -9044 KATHRYN J BERSCHEIT 6470 YOSEMITE AVE EXCELSIOR MN 55331 -9037 MARK A & PATRICIA A RUHLAND 6275 YOSEMITE EXCELSIOR MN 55331 -9033 BETH M MASTEL 1690 63RD ST W EXCELSIOR MN 55331 -9056 CHARLES F COOL 1601 KOEHNEN CIR E EXCELSIOR MN 55331 -9015 DAVID L PETERSON 6451 YOSEMITE EXCELSIOR MN 55331 -9036 DONALD M & CAROL OELKE 6431 YOSEMITE EXCELSIOR MN 55331 -9036 HUE & CATHERINE J LAM 6401 YOSEMITE EXCELSIOR MN 55331 -9036 KATHRYN T STODDART 1611 63RD ST W EXCELSIOR MN 55331 -9001 MARSHA A FADEL 1551 CREEK RUN TRL EXCELSIOR MN 55331 -6500 BRUCE R & NANETTE D TWADDLE 6321 YOSEMITE EXCELSIOR MN 55331 -9035 CRAMER C HEGEMAN III 7 VILLAGE KNOLL PLACE THE WOODLANDS TX 77381 -4419 DAVID M & SUSAN K ARTHUR 1541 CREEK RUN TRL EXCELSIOR MN 55331 -6500 DOUGLAS J & TERRI L SCHEURICH 6320 YOSEMITE EXCELSIOR MN 55331 -9034 JOEL P & MELISSA J EICHERS 6340 YOSEMITE EXCELSIOR MN 55331 -9034 KENNETH L LARSON 161063RDSTW EXCELSIOR MN 55331 -9002 MATTHEW D HAGGERTY 1631 63RD ST W EXCELSIOR MN 55331 -9001 MICHAEL T & LYSSA L CAMPBELL NICHOLAS A PEYER PHILIP C & MARGARET A MARSTON 1671 PINTAIL CIR 1451 KNOB HILL LN 1681 PINTAIL CIR EXCELSIOR MN 55331 -9098 EXCELSIOR MN 55331 -8062 EXCELSIOR MN 55331 -9098 POKEGAMA LP RICHARD L & BETH M SORLEY RICHARD S & JULIE A SAFFRIN 11455 VIKING DR 1690 KOEHNEN CIR E 1661 WOOD DUCK LN EDEN PRAIRIE MN 55344 -7251 EXCELSIOR MN 55331 -9015 EXCELSIOR MN 55331 -9094 ROBERT & PATRICIA DEVRIES 1681 63RD ST W EXCELSIOR MN 55331 -9001 ROBERT A & LINDA M GUNDERSEN 1690 WOOD DUCK LN EXCELSIOR MN 55331 -9093 ROBERT W & CYNTHIA M FLOREK 1641 WOOD DUCK LN EXCELSIOR MN 55331 -9094 RYAN YANKOUPE 6481 YOSEMITE EXCELSIOR MN 55331 -9036 SUSANJORGENSEN 6510 YOSEMITE EXCELSIOR MN 55331 -9038 THOMAS D & ERICA R KOEHNEN 5810 DIVISION ST UNIT UPPR EXCELSIOR MN 55331 -3211 TONY DESANTIS 6460 YOSEMITE EXCELSIOR MN 55331 -9037 SHIRLEY A GARCIA 6420 YOSEMITE EXCELSIOR MN 55331 -9037 SUSAN M HUME 1531 CREEK RUN TRL EXCELSIOR MN 55331 -6500 TJ DESANTIS 6440 YOSEMITE AVE EXCELSIOR MN 55331 -9037 TROY M PARRISH 6480 YOSEMITE AVE EXCELSIOR MN 55331 -9037 STEVEN R & SANDRA K OLSON 1530 CREEK RUN TRL EXCELSIOR MN 55331 -6500 THOMAS ALAN STEWARD 6471 YOSEMITE EXCELSIOR MN 55331 -9036 TODD D BOGEMA 6371 YOSEMITE EXCELSIOR MN 55331 -9044 VICTORIA ANNE SIMPSON 6430 YOSEMITE EXCELSIOR MN 55331 -9037 WILLARD & SHIRLEY A JOHNSON WILLIAM C THIMSEN JAY MEYER 1660 63RD ST W 1620 W 63RD ST 1574 LAKE SUSAN HILLS DRIVE EXCELSIOR MN 55331 -9056 EXCELSIOR MN 55331 -9002 CHANHASSEN MN 55317