1a1. Pre Plat David Teich . 1 • C I T T 0 F PC DATE: 8/19/92 -------.
^ \i' CHANIMSEN CC DATE: 9/14/92
....„... _ CASE #: 92 -9 SUB
1 B : Aanenson:v
1 STAFF REPORT
1
PROPOSAL: Preliminary Plat to Create One 5 Acre Parcel Containing an Existing Home from
I a 19+ Acre Agricultural Parcel
1-
1 a Z LOCATION: South of Pioneer Trail and east of the State Highway 101
(..)
• J APPLICANT: David Teich
a. 10151 Great Plains
I Chaska, MN 55318
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1
1
PRESENT ZONING: A2, Agricultural Estates
I ACREAGE: 19+ acres
1 DENSITY: 1 unit/10 acre (gross) -1 unit/5 acres (net)
ADJACENT ZONING AND
1 LAND USE: N - A2, agricultural estate
Q S - A2, agricultural estate
I E - A2, agricultural estate
Q ' W - A2, agricultural estate
I W WATER AND SEWER: Not available to the site.
I Cf) PHYSICAL CHARACTER.: There is an existing brick home, barn and several out buildings
located on the site. The majority of this site is in the Bluff
Protection Area.
I 2000 LAND USE PLAN: Residential Low Density
Teich Subdivision
August 7, 1992
1 Page 2
Subdivision
I The applicant is proposing to subdivide his property into one single family lot occupied by an
existing home and leave the remaining 14 acres as an unbuildable lot. This property is outside
I of the urban service area. The density requirement for this area is 1 unit per 10 acres. Because
this property is only 19 acres, only one dwelling is allowed for the entire parcel. In order to
allow for the subdivision of this property, a development contract shall be recorded stating that
1 the remaining 14 acre parcel is unbuildable until such time that this area is inside the urban
service area and services are available.
1 There are two ways to record property divisions; one is through a subdivision plat, and the other
is a metes and bounds subdivision. This 19 plus acres of property is described with a metes and
bound description. The parcel being split also has a metes and bounds description. Instead of
I platting this property, a development contract will be used and recorded against the property
stipulating that the remainder of the property is unbuildable Under a metes and bounds division,
it is not possible to designate "outlot" status this. Thus, the development contract will be used
I to achieve the same goal. There is an older brick home on the 5 acre parcel, as well as a barn
and several out buildings. The remaining 14 acre parcel has a significant ravine through the
I parcel. The majority of the entire 19 acre parcel is in the Chanhassen Bluff Protection Area.
The existing home is not affected by the Bluff Protection setback requirements.
1 Remaining Parcel
The remaining 14 acre parcel will remain undevelopable, until this area is inside the urban
I service area and services are available. A development contact will be required to ensure this
condition is met. The 14 acre parcel can be accessed from the north via a 30 foot private road
the runs along the northern side of the parcel. More than likely when this property (Teich) and
1 the property to the north (Halla) develops this road will be come a public street.
Streets
I The proposed 5 acre lot would continue to have access public street frontage from a gravel
driveway off of Hwy. 101. Additional right -of -way will ultimately be required on Hwy. 101 as
1 was from the Ha11a property directly to the north. Currently, the road right -of -way is 66 feet and
the proposed right -of -way for Hwy. 101 is 120 feet. Therefore, an additional 27 feet of right -of-
way may be required (Attachment #3). This is based upon a concept drafted by the city several
I years ago. However, no construction is pending and final plans may be significantly different
when improvement occurs. The existing brick home may fall within the additional right -of -way.
Due to the uncertainty as to the final road alignment in this area, staff is not recommending that
1 the additional right -of -way be taken at this time.
1
Teich Subdivision
August 7, 1992
Page 3
The applicant is providing the recommended drainage and utility easements along the lot lines.
Park and Recreation 1
A trail is proposed to run along Hwy. 101, at this point it has not been determined which side
to the road it would be located. Parks and Recreation is recommending a 20 foot trail easement
along Hwy. 101. Again, there is significant uncertainty as to where the trail will, be located.
Undoubtedly, one would be incorporated into any Hwy. 101 improvement project. Since the
home may be impacted by the trail, we are recommending that no acquisition be taken at this
time. Park fees would not be applicable at this time because there is a home existing on the
property on now future development will occur until this area is in side the MUSA area.
1
COMPLIANCE WITH ORDINANCE - A2 DISTRICT
Lot Front Side Rear
Area Setback Setback Setback
1
Ordinance 21/2 acres 50' 50' 50'
5 acre 1
parcel 5 acres 33.5' 50' Plus 50' Plus
1
PLANNING COMMISSION UPDATE
On August 19, 1992, the Planning Commission recommended approval of the lot split. The
g g PP P
major concern of the Planning Commission is assurance that there is access to the most northerly
portion of the property. A ravine splits the property, making two separate topographic areas.
Staff has received assurance that the easement to the north has public access. A legal opinion
from Roger Knutson was given during the Buresh Subdivision that this access would be
unrestricted. Thus, the condition of access by the staff and Planning Commission has been met.
Staff is also recommending that the City Council adopt a resolution approving a metes and
bounds subdivision. The Chanhassen City Code states that subdivision of property shall be done
through the platting process. In this instance, the staff is recommending approval of the metes
and bounds subdivision. The City Attorney had advised staff that a resolution by the City
Council is necessary to approve this metes and bounds subdivision.
1
1
1 Teich Subdivision
August 7, 1992
Page 4
1
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
1 "The City Council approve a resolution approving the metes and bounds subdivision for the
David Teich parcel" and
1 "The City Council approves Subdivision #92 -9 to create one 5 acre parcel from a 19 acre parcel
subject to the following condition:
1 1. The City Attorney's Office shall prepare a development contract stating that the remaining
14 acre parcel may not be developed until such time that this area is inside the Urban
Service Area and water and sewer are available, or until such time additional land is
acquired to meet the 10 acre density as required by ordinance."
' ATTACHMENTS
1. Location Map.
' 2.
3. Bluff Protection Area Map.
Proposed Hwy. 101 right -of -way.
4. Planning Commission minutes dated August 19, 1992.
1 S. Resolution Approving the Metes and Bounds Subdivision.
1
1
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T hat part of the' Southwest Quarter of Section 25, •Township 116, •Range 23, 'Carver County, `�1.
Minnesota described as follows: Commencing at the Southeast corner of said Southwest Quarter;
.' ';;, thence on a assumed bearing of South 89° 12' 10" West along the south line of"sad'Southwest -
Quarter a distance of 1538.77 feet; ; thence North 1 01' 11" East af.distance - ofq ` 17.00 feet to x°
the point of beginning, thence North 60 11 32 East a distance of 289.79 - feet• °thenceNorth
' ° 75 feet; thence North 76° 26' 34•"�'West . a . distance o 4. 591.83 _
•� :� i 18 47 49" East a distance of 417.
-t, feet to the centerline of • State Highway No 101; thence southeasterly, along said ccenterline • a • ' ,;': •
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•„ • distance of 705.73 feet to the point of beginning. - • . - - '
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hereby certify that this is a true and correct representation of -A •. above .des •
boundaries of that part of the Southwest Quarter, Section 25, Township 116,•Range 23, ,
Carver County, Minnesota. •` aZ;_ . `
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That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. :.,r
- Dated: July 17, 1992 • , .
' 4011#1Q 4, , Y 1,1 .. . -• Allan asti
1 .
R. Hastings ,
Minnesota Registration No. 17009
;:k ;. 121 Lewis Street S. , .
., , ` Suite 102 .
. Shakopee, Minnesota •'
,�< "'�' 55379 . .
's ' ' ",` Phone 612 445 -4027 '
That mart of the Socithwcst Quarter of Section 25, Township 116, Range 23, Carver
County, Minnesota described ali follows: Commencing at the northwest corner
II of said Southwest Quarter; thence North 89 degrees 30 minutes 39 seconds East
along the north line of said Southwest Quarter a distance of 1279.23 feet to
the center line of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West 198.77 feet; thence southwesterly 401.01 feet along a tangential
curve to the right, having a radius of 546.83 feet; thence South 45 degrees
26 minutes 00 seconds West a distance of 826.78 feet; thence South 23 degrees
51 minutes 00 seconds East a distance of 158.43 feet; thence South 89 degrees
II 08 minutes 00 seconds East a distance of 633.65 feet to the point of beginning
of the land to be described; thence continuing South 89 degrees 08 minutes 00
seconds East a distance of 721.35 feet; thence South 00 degrees 52 minutes 00
II seconds West a distance of 461.00 feet; thence South 53 degrees 00 minutes
00 seconds East a distance of 521.08 feet; thence North 79 degrees 16 minutes
51 secor.ds East 239 feet more or less to the east line of said Southwest Quarter;
II thence southerly along said east line to the southwest corner; thence westerly
along t.e south line of said Southwest Quarter a distance of 1539 feet more
or less to the centerline of State Highway No. 101; thence northwesterly along
said centerline to its intersection with a line drawn South 34 degrees 42 minutes
II 50 secoAds West from the point of beginning; thence North 34 degrees 42 minutes
50 seco leis East a distance of 685.20 feet to the point of beginning. EXCEPTING
THEREFROM all that part of the above described property lying southerly and
II easterly of the following described line A: Commencing at the southeast corner
of the Southwest Quarter of said Section 25, Township 116, Range 23, Carver
County, Minnesota; thence on an assumed bearing of South 89 degrees 12 minutes
II 10 seconds West along the south line of said Southwest Quarter a distanc-_ of.
1538.77 feet to the point of beginning of said l i n e A; thence North 01 r ee
01 minutes 11 seconds East a distance of 17.00 feet; thence North 60 degL
11 minutes 32 seconds East a distance of 289.79 feet; thence North 18 dh:br'
47 minutes 49 seconds East a distance of 400.00 feet; thence South 68 degrees
44 minutes 39 seconds East a distance of 48.84 feet; thence Soutll 51 degrees
57 minutes 03 seconds East a distance of 110.61 feet; thence North 84 degrees
28 minutes 55 seconds East a distance of 217.90 feet; thence South 66 degrees
18 minutes 49 seconds East a distance of 152.96 feet; thence North 89 degrees
12 minutes 10 seconds East a distance of 683 feet more or less to the east line
of said Southwest Quarter and there terminating. ALSO EXCEPTING THEREFROM the
II following described Tract: That part of the Southwest quarter of Section 25,
Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing
at a point on the north line of said Southwest Quarter distant 2605.14 feet
east of the Northwest corner of said Southwest Quarter; thence South 89 degrees
30 minutes 39 seconds West assumed bearing, along said north line 1325.91 feet
to the centerline of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West a distance of 198.77 feet; thence southwesterly 401.01 feet
II along a tangential curve to the right, having a radius of 546.83 feet; thence
South 45 degrees 26 minutes 00 seconds West a distance of 826.78 feet; thence
South 23 degrees 51 minutes 00 seconds East a distance of 158.43 feet; thence
South 89 degrees 08 minutes 00 seconds East a distance of 1025.00 feet; thence
South 00 degrees 52 minutes 00 seconds West a distance of 30.00 feet to the
point of beginning of the land to be described; thence South 89 degrees 08
II minutes 00 seconds East a distance of 300.00 feet; thence South 00 degree
52 minutes 00 seconds West a distance of 849 feet more or less to the intersection
with the above described line A; thence northwesterly and westerly along said
line A, to the intersection with a line drawn South 00 degrees 52 minutes
00 seconds West from the point of beginning; thence North 00 degrees 52 minutes
00 seconds East a distance of 814 feet more or less to the poi.. of beginning.
II EXHIBIT "A"
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. E A L I Y PECOPDEC PL AT
.:OMPIL A TION OF RECORDS
., IN Tb4E CARVER COUNTY
!MR SOURCES s :'IS MAP
jSECT 'OR REr E PENC E
COUNTY AND ITS AGENTS
)NSIEi LE FOR AN Y
:ON TAINED THE.E:P, .—
Pro poae ct 4Ivs/ y I 0 1
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L .- 1 NOTICE OF PUBLIC HEARING J '!�11�+ �� A li, PLANNING CO MMIS I N MEETING *J4j � iSillall
!�
I Wednesday, August 19, 1992, 7.30 P.M. � • - 14.,
City Hall Council Chambers + i**-
1 690 Coulter Drive *_ 0 'IS
::::::::::::::,---
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I Project: Teich Subdivision . . ' /�
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:::::r: David Teich i i _,- AAA, /. or
10151 Great Plains Boulevard - ��� �� ' �� � ?�* s ,,
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I Notice: You are invited to attend a public hearing about a development proposed in
your area. The applicant proposes to subdivide a 5 acre parcel from a 19+ acre site on
1 property zoned A2, Agricultural Estate and located at 10151 Great Plains Boulevard.
What Happens at the Meeting: The purpose of this public hearing is to inform
I you about the developer's request and to obtain input from the neighborhood about this
project. During the meeting, the Planning Commission Chair will lead the public hearing
through the following steps:
1. Staff will give an over view of the proposed project.
2. The Developer will present plans on the project.
I 3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The
Commission will then make a recommendation to the City Council.
Questions or Comments: If you want to see the plans before the meeting, please
I stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you
wish to talk to someone about this project, please contact Kate at 937 -1900. If you choose to
submit written comments, it is helpful to have one copy to the Planning Department in
1 advance of the meeting. Staff will provide copies to the Commission.
1 Notice of public hearing was published in the Chanhassen Villager on July 30, 1992.
1
1 -111
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1
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PAUL & DEB. GRAFFUNDER JEFFREY & K. DYPWICK DAVID R. TEICH
10001 GREAT PLAINS BLVD 10300 GREAT PLAINS BLVD 10151 GREAT PLAINS BLVD
CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318
•
RUSSELL & YVONNE BARTO GARY & DEBRA ANDERSON RICHARD T. HALVER
400 LAKOTA LANE 725 CREEKWOOD 10271 GREAT PLAINS BLVD 1
CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318
DANIEL & C. SCHAITBERGER RICHARD SCHUELKE & HARRY E. NIEMELA 1
10241 MANDAN CIRCLE GINNY LIND 2901 WASHTA BAY ROAD
CHASKA MN 55318 10251 GREAT PLAINS BLVD EXCELSIOR MN 55331
CHASKA MN 55318
ROBERT & PAULA BURESH KEVIN BUESGENS 1ST AMERICAN BANK METR
5817 HANSEN ROAD 9940 DEERBROOK DRIVE 633 SOUTH CONCORD STREE
EDINA MN 55346 CHASKA MN 55318 SO. ST. PAUL MN 55075
PAUL TAUNTON DONALD & SANDRA CWAYNA HALLA DAVID HALLA
10000 GREAT PLAINS BLVD 10095 GREAT PLAINS BLVD
10125 CROSSTOWN CIRCLE
#310 CHASKA MN 55318 CHKA AS MN 55318
EDEN PRAIRIE MN 55344
1
1
'T.
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
AUGUST 19, 1992
Chairman Batzli called the meeting to order at 7:40 p.m..
MEMBERS PRESENT: Tim Erhart, Ladd Conrad, Steve Emmings, Brian Batzli,
Jeff Farrna kes , and Joan Ahrens
MEMBERS ABSENT: Matt Ledvina
STAFF PRESENT: Paul Krauss, Planning Director; JoAnn Olsen, Senior
Planner; Kate Aanenson, Planner II; Dave Hempel, Sr. Engineering
Technician; and Todd Gerhardt, Asst. City Manager
PUBLIC HEARING:
SUBDIVISION OF A 5 ACRE PARCEL FROM A 19+ ACRE SITE ON PROPERTY ZONED A2,
AGRICULTURAL ESTATE AND LOCATED AT 10151 GREAT PLAINS BOULEVARD, DAVID
TEICH.
Kate Aanenson presented the staff report. Chairman Batzli called the
public hearing to order.
David Teich: I'm David Teich and I'll be subdividing the property that I'm
selling. I'm selling 5 acres off of the 19. It's as simple as that. I'll
be moving off the property and the home on the 5 acres. One question about
the easement. Now the map is in error. To my knowledge, the survey I
provided does allow for a 66 1/2, at least that access right off of TH 101
to the north portion. That would be the access to the 14 acres that I
think you need. The l i n e , if I could use the map for just a moment does
not go where it meets TH 101 on the northwest corner there. There is 66.
Aanenson: Right here?
David Teich: That's right. The line will fall 66 1/2 feet, at least that
to the south of that point. I'm sorry Kate but I didn't see that until on
the way up here this evening, on your staff report. The easement you're
requiring I think is already there.
Aanenson: We can verify that. It's a lengthy legal description ...but we'd
also still be concerned because that would only serve possibly this
portion. It is in the bluff overlay zone and these lots would still meet.
They wouldn't want anything to cross over that ravine there so we still may
want to secure, make sure there's access to that northern portion because
of the bluff overlay zone.
Emmings: I thought you were requiring an easement on the north portion.
Aanenson: Exactly. He's saying he's got access through here.
Emmings: Oh. Is that what you're saying?
Aanenson: The land itself is not landlocked. It wouldn't be because I do
have access onto TH 101.
Emmings: From the 5 acre parcel?
Planning Commission Meeting
August 19, 1992 -- Page 2
David Teich: From the 14 acre parcel. With an established access there.
Aanenson: He's saying it would follow along right through here. This is II
what we're showing as the property line. He's saying it's right in here.
Emmings: I thought that was a deep ravine there?
Aanenson: That's what I'm saying , yeah.
David Teich: I n the middle there, yeah. That's right.
Emmings: How do you do that? I'm not understanding this. Y o u ' r e saying
there's an easement that goes across the ravine?
David Teich: No. I have an access onto TH 101 from the 14 acres that will
1
be left.
Emmings: Where is it? Would you go up there and point to it.
David Teich: This line here will actually go, there is 66 1/2 feet here II
with an access already established there. That would be the access to the
14 acres.
Aanenson: But you'd still have to cross a ravine to get to that northern
portion which I'm saying you still would need an easement.
David Teich: Okay. This 30 foot road, this down here and this is part of
the 14 acres. It is a mess and I was handed that by my father... I do own
this 30 feet and this here is an easement, not recorded, with Mr.
Graf f u nder and I have access there. I've talked to Paul about that. My II
understanding is that we were just going to leave it as it is. I could use
it as my own. That road because anything else ever happens, as you well
know, the road will angle up so we discussed that it may not be worth
getting an easement for that road because if anything else did happen back
there, the road would then go public anyway. And as far as the question of
the land becoming landlocked, it's not. There is access with the exceptio
of having to build a bridge across that ravine.
Emmings: Well I think that's obviously what they're concerned about. They
want access to the part on the other side of it.
David Teich: There is access. I have access to that part.
Ahrens : Through an unrecorded easement .
David Teich: That's right.
Batzli: Okay, thank you. This is a public hearing. Is there anyone else
would like to comment on this?
Erhart moved, Emmings seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Batzli: Joan, do you have comments? Questions.
f
Planning Commission Meeting
August 19, 1992 - Page 3
Ahrens: Kate, you said that, eventually there's going to be a trail
easement on either side of this road?
Aanenson: Correct.
Ahrens: Of TH 101?
Aanenson: Yes.
Ahrens: Would they only need to secure a trail easement now?
Aanenson: That was a recommendation from the Parks Commission and I guess.
Krauss: If I could. There were some decisions that we made in house about
that. The future of TH 101 is completely unknown to us. It clearly needs
to be upgraded. It clearly is a State highway and the State clearly won't
do anything about it. They want to give it to the County. The County
doesn't, or the City, nobody wants to take it until it's fixed . The
alignment that Kate has up on the board there is one that we developed in
conjunction with Mr. Halia's plat 2 or 3 years ago because it's very clear
that we have that very tight curve through Mr. Halia's property that even a
minor upgrading of the road is going to want to make that change. But long
term, we don't know what alignment this road's going to take and it pretty
significantly impacts Mr. Teich's property. I mean it basically almost
takes it if you go with this alignment, and this alignment has no legal
standing. It's just again, it's an inner office design that we came up
with and we didn't feel that that was strong enough basis to require
dedication which may in fact be a taking of the property. When MnDot or
the County actually figure out the proper alignment in the future, that's
when they'll have to get the right-of-way.
Ahrens: Now when you say that this property is going to be unbuildable,
are you implying that once the MUSA line moves out, it will be buildable?
Aanenson: Well yeah, it's the 1 unit per 10 because you're outside the
Urban Service Area. So once sewer's available.
Ahrens: You're not implying to the applicant that this is buildable land
right?
Aanenson: No.. It's in the bluff overlay zone and that's been zoned,
correct. As far as what he can get for density, we have no idea at this
point. What we're saying is that he couldn't pull, even though he couldn't
pull another building permit for the rest of the remaining portion even
though he's got 14 acres because he has less than 20 at this time. He's
got one home so he'd need exactly 20 to get two lots.
Ahrens: You might want to say it's riot , instead of saying or identifying
it as unbuildable land, just say it can't be developed. Just so they don't
think that when the line goes out there, it's going to automatically be
buildable property and it may not. I mean this may not be, right?
Krauss: We were looking to put a deed restriction there that says it can't
be developed until municipal services are provided.
Planning Commission Meeting
August 19, 1992 - Page 4
Ahrens: I'm just questioning the wording of buildable. Have you seen this
easement he's talking about that he has with Graffunder?
Aanenson: No.
Ahrens: The unrecorded easement.
Aanenson: No.
Ahrens: Any idea if that would be, this is the first you've heard of it?
Aanenson: Yes. I guess 1 would just check with the Attorney's office and
see if they were comfortable with accepting it that way.
Olsen: We've got a copy of that easement. We went through that when
Gerrish went through with the subdivision so we do have that in the file II
and it has been verified and we can get a copy of that for you.
Ahrens: I suggest that, to record it too.
Aanenson: Well, that's what we're stating. That's what we want to make
sure that that's a recorded easement.
Ahrens: I have no other questions on this.
Farma kes : I'll just echo the comments there for staff recommendations. 141
guess I'd have the same question about the buildable language in 1. And o
2, the issue of the access. ..That 's it.
Emmings: I don't have anything additional. I support the staff
recommendations.
Conrad: Nothing more.
Erhart: Yeah, I don't mean to, the easement lines to Dave's house but I'm
not quite ready to give up our easement yet and since a lot of us use this
TH 101 and hope someday it will be upgraded, so I want to work that issue
little bit more. Every other thing that's come in here along TH 101 we've
taken the other argument that gee whiz you know, what is it. Minor
arterial, we want 120 feet and therefore, how it came in with their
subdivision, we got the extra 27 feet or so from them when we did this.
And while I want to pursue how close this house is, we're saying two
things. I don't think we want to lightly give up an opportunity to get a II
wider road here. This isn't going to move;* I mean TH 101's going to, I
don't care who owns it or who argues about who owns it, it's going to be
where approximately it is for a hundred years. And forever. So with that ,
in the first place I would say, if Dave says that there's 66 feet on the
parcel that he's keeping, certainly we ought to get the extra 27 feet on
that and then deal with how close his house is, which is, what is that?
Like 25 feet from the edge of the road Dave?
David Teich: 33 and an inch.
r
Planning Commission Meeting
August 19, 1992 - Page 5
Erhart: So you know, to come up, I don't know. I don't know what the
answer is but I think we've got to be a little more consistent. Even if we
just take 3 feet or something. Maybe there's some reasonable solution but
just to say we're not going to take any, try to expand the right -of -way
here when we have an opportunity because we don't know where TH 101 just
doesn't sit right with me. And I don't know what the solution is. Other
than that, you know everything else is pretty straight forward.
Batzli: So are you proposing that we amend the conditions to take that
footage?
Erhart: Well certainly on the, if there's 66 feet of frontage on the
property that doesn't have a house, certainly we should amend it to take
the same width that we took in the Hal. la subdivision. I mean that's 66
feet. And to give some consideration of where you would get the full 120
width in the future. Maybe if we leave out some portion around the house
or maybe some wisdom says that we take some of it further to the north or
further to the south. I mean obviously we have to give consideration to
the existing house. I don't know if I have an answer. Any ideas?
Krauss: No, we got to this point because we had the same dilemma. We do,
most of the time, recommend that you take the right-of-way. You take it
when the getting ' s good and you can take it during a subdivision process.
On Mr. Hal la's property, it's clear that any kind of improvement is going
to take that kink out of the road. What is left there is as you move to
the south, how do you traverse the bluff? Is it going to maintain that
existing alignment down there or is it going to swing wide? When we looked
at where the easement fell out on Mr. Teich's property, it was virtually
into his front door.
Erhart: But we took 27 feet all the way up to Pioneer Trail. It wasn't
just a matter of dealing with that lot.
Krauss: Right. Or the major subdivision.
Erhart: Consistent approach we've taken.
Krauss: And we improve the intersection at Pioneer. And it was a part
of, I forget how many acre subdivision Mr. Hal la was coming through with
and platting his property. It also traversed vacant land and I get
somewhat uncomfortable with the idea of us being in the position of risking
a taking of property for a project that MnDot won't confess that they will
ever do. I'd rather they took the hit on that one.
Emm i ngs : Why is it a taking here and not in any other case?
Krauss: Well Mr. Hal la clearly is getting benefit from a major subdivision
that he's ultimately going to have on his property. It cuts across vacant,
I mean it's a tree lot. In this case it cuts into or virtually into a
single family residence .
Conrad: So the future is dependent on MnDot and what are we prohibited
from doing then? Will we never have a trail?
Planning Commission Meeting
August 19, 1992 -- Page 6
Krauss: I'd have to look back to what we are doing. What the City is
doing on TH 101 north of 212 where you've seen the official mapping for
that. The City actually is taking a proactive role in that and saying thail
we're not going to wait for MnOot or the County. We're going to be
building it and we've already begun to build it in steps and it does have a
trail corridor in it. And it also involves some major condemnation
hearings to get it to so far, to get the road down to where it is now.
Erhart: Let me ask you this. Let's say the purchaser of this land in 5
years decided to tear down the house and build a new one. If we left the
right-of-way the way it is today, then he could build it within 30 feet of
the existing right-of-way even though it's the old design. Whereas if we
decided to take an additional let's say 15 feet, then you'd have to cut it
back 15 more feet. So the effect of taking an additional easement today
really has no effect as long as that house is occupied. There really is no
taking.
Krauss: That's a possibility. If your recommendation would be to include
a condition to that effect, I don't have a problem with that but I'd like,
before we get to the Council, have the City Attorney review it. There's
been a lot of rulings in the State and...would know better than I about
that issue.
Erhart: Can we ask the applicant if he had any reaction to that.
Batzli: Yeah, go ahead and ask.
Erhart: What do you think of the discussion regarding this? You're
selling it so ...you've driven TH 101 all your life.
David Teich: Born and raised.
Erhart: Yeah. What's your reaction to whether or not we ought to take thll
opportunity to try to get easements to get it ultimately improved or not?
David Teich: I think it's futile.
Erhart: Pardon.
David Teich: I think it'd be futile to take easements...
Erhart: I'm generally looking for your reaction being a long time
resident.
•
•
David Teich: I don't foresee the road really widening...
Al Kl ingeihutz : I know the public hearing's over with but, I think I'm
going to have to disagree with Tim. I don't disagree very often with Tim.
The house is very close to the road. It's an old Chaska brick house and
our company happens to be the one that sold the property for Dave. People II
that are buying it bought a similar house in the city of Shakopee and
they've completely redone it and it's a beautiful place. This is probably
one of the oldest Chaska brick houses in Chanhassen and to put an easement
through the house I think is something that if you want to have any
r
Planning Commission Meeting
August 19, 1992 -w Page 7
historical preservation in Chanhassen, it would be against my grain. The
house is structurally sound. It is that bad of home. It needs a lot of
work inside and I'm sure these people are going to do it. I f I could take
you over to Shakopee and show the house that they've redone, you'd say
they've just did one beautiful job. We've got about three Chaska brick
homes in Chanhassen. Carver County Historical Society has taken a hard
look at them and they really wou l d like to see those Chaska brick homes
preserved. And if you took another 20 feet on Dave's side of the road, it
would cut about 15 feet off the house. Thank you.
Emmings: Is it likely that, if the road, I know we don't know what the
path of the road will be or what would be done if it were to be upgraded
but is it less likely that any widening would occur in that direction
because of the way that the ravine comes up to the road? That it will more
likely be to the other side.
Krauss: Well yeah, Dave and I talked about that. Dave Hempel and I.
Dave I believe was the originator of this alignment and when we looked at
it, we thought that simply from an engineering standpoint there'd be some
desire to push it to the west. But the critical factor here and one that
we never looked at is how does that merge with whatever route is selected
to go down the bluff. I mean if you're going to make safety related
improvements, and the one through Don Hal la's property was frankly regarded
as one that we may be able to persuade MnDot to do just as a safety related
improvement, the same way we got the 4 way intersection at Pioneer and TH
101. We're not sure which way you've got to skew the road up here to match
with the route going down underneath the railway tracks down the hill.
Emmings: But are you really likely to move it to the east? Are you really
likely to move this portion to the east?
Krauss: From an environmental standpoint, no but we don't know if you
pushed all the way to the west you wind up taking out 4 or 5 homes. We
honestly don't know.
Emmings: It seems to me going east appears to be an unreasonable
alternative. It isn't a reasonable possibility. That's why I wouldn't be
in favor of doing anything with an easement on this property now. And I
think the preservation, if that home is going to be restored and preserved,
I think that's a worthwhile thing to do, especially on that isolated piece
of land that fits on it.
Batzli: Do you have anything else Tim?
Erhart: Mope.
Batzli: I don't have any additional comments other than, I have two quick
ones. One, the driveway easement. I echo Joan. I think I'd like to see
that recorded. Make that a condition. And do we not have an obligation to
preserve historical buidings and site within the city, Paul?
Krauss: There's no statutory obligation to do that.
Batzli: But as part of our plan.
Planning Commission Meeting
August 19, 1992 - Page 8
Krauss: We have spoken about it in the comprehensive plan.
Batzli: That's one of our guiding beacons so I would prefer not to put anll
easement through the house or within an inch of it personally. Is there a
motion?
Emmings: I'll move that the Planning Commission recommend approval of
Subdivision #92 -9 to create one 5 acre parcel from a 19 acre parcel subject
to the conditions in the staff report but I'm going to modify number 2 so II
it will read as follows: A driveway easement is secured and recorded
allowing for access to the remaining 14 acre parcel. More particularly, to
that portion which lies north and east of the ravine.
Batzli: Is there a second?
Ahrens: Second.
Batzli: Is there any discussion?
Conrad: Yeah, just real quickly. We're not-precluded from carrying out II
the trail. Does it still validate the easement that we put on the Halia
property? By doing what this is, does that invalidate that easement?
Krauss: No.
Conrad: It's still something that could be done?
Krauss: Well yeah. 1 mean the easement that we took on the Haila property
is a recorded easement and we have that.
Conrad: And why do we need it?
Krauss: Long term they have a goal of getting a trail down to the bottom II
of the river.
Conrad: And the Hal la easement is on the east side?
•
Krauss: I don't, JoAnn, would you recall which side the trail easement is
on on the Ha l l a property?
Olsen: I don't think we have one ...I think that was on the east side I
b e l i e v e .
Conrad: So, we took that because we wanted that. We want to get a trail II
down there but now we're saying maybe we can't.
Emmings: Already, they have to cross the road. Because of the ravine you
may be in a situation where you have to cross the road with the trail,
right?
Conrad: Yeah.
Emmings: Which wouldn't be good but it might be necessary.
Planning Commission Meeting
August 19, 1992 -- Page 9
Conrad: I guess my only point is, if we're not really going to have a
trail, we really should take the easement off of #dal la .
Krauss: But there's also possibilities too, and the city has talked from
time to time about investigating Bluff Creek Golf Course and securing the
ravine system that comes through there. It may well prove to be a better
option to bring the trail over through the golf course and down that way
than try to snake it down with a very restricted highway that's very
difficult and expensive to go down that bluff.
Ahrens: I have one more comment. Steve , on number one .
Emmings: On unbuildable?
Ahrens: Right.
Emmings: What do you want to say?
Ahrens: May not be developed. Cross out.
Emmings: That'd be fine. Why don't you propose an amendment.
Erhart: Can I comment? I think you ought to be a little bit careful h ere .
It's possible that somebody else with another, what do you have, 14
acres? Somebody with 6 acres could buy that and combine the two, have 20
acres and it could be developable as a replatting. So in the use of your
words, consider that.
Ahrens: What do you mean? Out that I thought it can't be developed until
the MUSA line was done.
Erhart: No, if somebody bought. Let's say somebody, somebody adjacent had
6 acres. They combine the two and then you'd have 20 acres.
Ahrens: Oh, I see what you're saying.
Erhart: Now you can split that again into two home sites so really, it's
not u nbu i t dab l e.
Ahrens: Well you could say, until such time that this area's inside the
Urban Service Area and water and sewer are available or upon city approval.
Krauss: Well yeah, you might want to put jn, or addition of sufficient
land to meet the 10 acre rule.
Aa ne neson : You could keep saying or, or, or you know.
Krauss: But city approval's kind of an open ended thing. It would imply
that anybody could come back at any time and just ask the Council to change
their mind.
Ahrens: Well, what do you feel comfortable with?
II*
Planning Commission Meeting
August 19, 1992 - Page 10
Krauss: I'd prefer to have, if you want to allow that option, to say that
unless additional acreage is acquired to meet the 1 per 10 acre density. II
Batzli: Do you want to propose an amendment Joan?
Ahrens: I'd propose that number 1 read as follows: The City Attorney's II
Office shall prepare a development contract stating that the remaining 14
acre parcel may not be developed until such time that this area is inside
the Urban Service Area and water and sewer are available, or until such
time additional land is acquired to meet the 10 acre density as required b
ordinance. Do you want that? -
Krauss: Yeah.
Ahrens: As required by City ordinance.
Batzli: Is there a second?
Conrad: Second.
Ahrens moved, Conrad seconded to approve an amendment to the motion to
modify condition number 1 to read as follows:
1. The City Attorney's Office shall prepare a development contract statinj
that the remaining 14 acre parcel may not be developed until such time
that this area is inside the Urban Service Area and water and sewer aril
available, or until such time additional land is acquired to meet the
10 acre density as required by ordinance.
All voted in favor of the amendment and the motion carried.
Batzli: Is there any other discussion on the other motion?
Conrad: Well, just one other point. We're convinced that they're going ti
restore?
Ahrens: If they don't, we'll send them to jail.
Conrad: Al, they are going to do that?
Al Klingelhutz: The main reason they bought the house is this is what they
do. They buy these brick houses. Fix them up and plan on living there.
They've lived in Shakopee for about 5 year now. They get the value out oll
it. They probably will sell it after they fix it up but it will be
completely restored.
Conrad: And it is structurally sound?
Al Klingelhutz: It is structurally sound...
Batzli: Kate, was there a...?
Aanenson: ...map showing the 5 acre split with a legal description and
then the original lot, metes and bounds legal description.
•
Planning Commission Meeting
August 19, 1992 -- Page 11
Batzli: You're comfortable with that? That that's included?
Aanenson: Yes. And I've checked with the Carver County Recorder's Office
and they are willing to accept it this way.
Ahrens: Did you read through this legal description?
Aanenson: Yes.
Batzli: If there's no more discussion, I'll call the question.
Emmings moved, Ahrens seconded that the Planning Commission recommend
approval of Subdivision #92 -9 to create one 5 acre parcel from a 19 acre
parcel, subject to the following conditions:
1. The City Attorney's Office shall prepare a development contract stating
that the remaining 14 acre parcel may not be developed until such time
that this area is inside the Urban Service Area and water and sewer are
available, or until such time additional land is acquired to meet the
10 acre density as required by ordinance.
2. A driveway easement is secured and recorded allowing for access to the
remaining 14 acre parcel. More particularly, to that portion which
l i e s north and east of the ravine.
All voted in favor and the motion carried.
PUBLIC HEARING:
CONCEPTUAL PUD ON 18+ ACRES FOR A COMMERCIAL /RETAIL CENTER LOCATED AT THE
SOUTHEAST CORNER OF WEST 78TH STREET AND POWERS BOULEVARD, TARGET
DEVELOPMENT.
Public Present:
Name Address .
Judy La nd kammer 6901 Utica Lane
B.C. "Jim" Burdick Excelsior
Bill McHale 12237 Chadwick Lane
Rick Whitaker 9225 Rhode Island
Margaret D. Fleck 4426 Haven Avenue
Fran Hagen, II 8683 Shayview Court
John Dietrich 2721 Colfax Avenue So.
Tom Legi er s ki , James Co. 6640 Shady Oak Road
Charlie James 6640 Shady Oak Road
Doug Kunin Eckankar
Brad Johnson 7425 Frontier Trail
Kate Aanenson presented the staff report on this item.
Batzli: Thanks Kate. Anyone on the Commission, would anyone l i k e to ask
Kate any questions before we ask the applicant to make the presentation?
Okay, would the applicant like to give their presentation.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION,
DAVID TEICH, 10151 GREAT PLAINS BOULEVARD
WHEREAS, David Teich is requesting to subdivide his property located at 10151 Great
Plains Boulevard by metes and bounds into two parcels- -one parcel being 5 acres, and the
remaining parcel being 14+ acres.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council hereby
approves the metes and bounds subdivision of the Teich property as legally described on the
attached Exhibits A, B and C.
1
Passed and adopted by the Chanhassen City Council this clay of
1992. '
ATTEST:
Don Ashworth, City Clerk/Manager Donald J. Chmiel, Mayor
YES NO ABSENT
•
1
i
EXHIBIT A
r II
That mart of the Sotitliwe,st Quarter of Section 25, Township 116, Range 23, Ccirvcr
County, Minnesota described aLi follows: Commencing, at the northwest corner
of said Southwest Quarter; thence North 89 degrees 30 minutes 39 seconds East
along the north line of said Southwest Quarter a distance of 1279.23 feet to
the center line of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West 198.77 feet; thence southwesterly 401.01 feet along a tangential
curve to the right, having; a radius of 546.83 feet; thence South 45 degrees
26 minutes 00 seconds West a distance of 826.78 feet; thence South 23 degrees
51 minutes 00 seconds East a distance of 158.43 feet; thence South 89 degrees
08 minutes 00 seconds East a distance of 633.65 feet to the point of beginning
of the land to be described; thence continuing South 89 degrees 08 minutes 00
seconds East a distance of 721.35 feet; thence South 00 degrees 52 minutes 00
seconds West a distance of 461.00 feet; thence South 53 degrees 00 minutes
00 seconds East a distance of 521.08 feet; thence North 79 degrees 16 minutes
51 secor.ds East 239 feet more or less to the east line of said Southwest Quarter;
thence southerly along said east line to the southwest corner; thence westerly
along =1•e south line of said Southwest Quarter a distance of 1539 feet more
or less to the centerline of State Highway No. 101; thence northwesterly along
said centerline to its intersection with a line drawn South 34 degrees 42 minutes
50 seconds West from the point of beginning; thence North 34 degrees 42 minutes
50 seco ids East a distance of 685.20 feet to the point of beginning. EXCEPTING
THEREFROM all that part of the above described property lying southerly and
easterly of the following described line A: Commencing at the southeast corner
of the Southwest Quarter of said Section 25, Township 116, Range 23, Carver
County, Minnesota; thence on an assumed bearing of South 89 degrees 12 minutes
10 seconds West along the south line of said Southwest Quarter a distanc'_ of.
1538.77 feet to the point of beginning of said line A; thence North 01 J'.ree
01 minutes 11 seconds East a distance of 17.00 feet; thence North 60 deg: •:c•:
11 minutes 32 seconds East a distance of 289.79 feet; thence North 18 th:gc. -(:s
47 minutes 49 seconds East a distance of 400.00 feet; thence South 68 degrees
44 minutes 39 seconds East a distance of 48.84 feet; thence Soutn 51 degrees
57 minutes 03 seconds East a distance of 110.61 feet; thence North 84 degrees
28 minutes 55 seconds East a distance of 217.90 feet; thence South 66 degrees
18 minutes 49 seconds East a distance of 152.96 feet; thence North 89 degrees
12 minutes 10 seconds East a distance of 683 feet more or less to the east line
of said Southwest Quarter and there terminating. ALSO EXCEPTING THEREFROM the
following described Tract: That part of the Southwest quarter of Section 25,
Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing
at a point on the north line of said Southwest Quarter distant 2605.14 feet
east of the Northwest corner of said Southwest Quarter; thence South 89 degrees
30 minutes 39 seconds West assumed bearing, along said north line 1325.91 feet
to the centerline of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West a distance of 198.77 feet; thence southwesterly 401.01 feet
along a tangential curve to the right, having a radius of 546.83 feet; thence
South 45 degrees 26 minutes 00 seconds West a di of 826.78 feet; thence
South 23 degrees 51 minutes 00 seconds East a distance of 158.43 feet; thence
South 89 degrees 08 minutes 00 seconds East a distance of 1025.00 feet; thence
South 00 degrees 52 minutes 00 seconds West a distance of 30.00 feet to the
point of beginning of the land to be described; thence South 89 degrees 08
minutes 00 seconds East a distance of 300.00 feet; thence South 00 degrees
52 minutes 00 seconds West a distance of 849 feet more or less to the intersection
with the above described line A; thence northwesterly and westerly along said
line A, to the intersection with a line drawn South 00 degrees 52 minutes
00 seconds West from the point of beginning; thence North 00 des.rees 52 minutes
00 seconds East a distance of 814 feet more or less to the poi.• of beginning.
EXHIBIT "A"
r. f A. ! .�y
•
EXHIBIT B r -�'
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`' That art of the Southwest
P Quarter of Section 25, •Township 116, Range 23, 'Caryer1County, ; '
Minnesota described as follows: Commencing at the Southeast corner of said Southwest Quarter;
- thence on a assumed bearing _ of South 89° 12' 10" West along the . 'south •line o!� ;said Southwest -
; _ • .i. • - Quarter a distance of 1538.77 feet; ;thence North 1° 01' 11" East a .distance of•t'17.00 feet to -••A
III
• the point of beginning; thence North 60° 11' 32" Bast a distance ot`289.79
_ ., ; 18 47' 49" East a distance of 417.75 feet; thence North 76° 26' 34 ".'Wait a distance ot'591.83
feet to the centerline of State Highway No. 101; thence southeasterly • along saidcenterline a • :
III
distance of 705.73 feet to the point of beginning. `'
Co t,.•T'A• i u % .0 > kcee.L t4OQ . 0 e Lt4s
1 • � ':
1
. v
1 hereby certify that this is a true and correct representation of•itbi •above•.d•scribed • .,*
boundaries of that part of the Southwest Quarter, Section 25, Township 116, Rage 23, ••
Carver County, Minnesota. •;k
•
• t4•
III
That I am a duly Registered Land Surveyor under the Laws of the State :of Minnesota. •
Dated: July 17, 1992
II
. r i
•
. . Allan R. Hastings
1 . .
Minnesota Registration No. 17009 •
121 Lewis Street S. •
`, ,= Suite 102 '
S
III
hakopee, Minnesota
" �` , - 55379
t
•
•_is, Phone 612 445 -4027 • 7.
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•
,
sue,
EXHIBIT C
• h:Jt p.irt of the Southwest Quarter of Sect Ion 25, Township 116, han 23, C.i:
'` Cut,ncy, Minnesota described :a., follows: Commencing at the northwest corner
of said Southwest Quarter; thence North 89 degrees 30 minutes 39 seconds Ea!,t
along the north line of said Southwest Quarter a distance of 1279.23 feet to
I the center line of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West 198.77 feet; thence southwesterly 401.01 feet along a tangential
curve to the right, havin4; a radius of 546.83 feet; thence South 45 degrees
26 minutes 00 seconds West a distance of 826.78 feet; thence South 23 degrees
51 minutes 00 seconds East a distance of 158.43 feet; thence South 89 degrees
II 08 minutes 00 seconds East a distance of 633.65 feet to the point of beginning
3f the land to he described; thence continuing South 89 degrees 08 minutes 00
seconds East a distance of 721.35 feet; thence South 00 degrees 52 minutes 00
seconds west a distance of 461.00 feet; thence South 53 degrees 00 minutes
00 seconds East a distance of 521.08 feet; thence North 79 degrees 16 minutes
51 secor.ds East 239 feet more or less to the cast line of said Southwest Quarter;
thence southerly along said east line to the southwest corner; thence westerly
along :le south line of said Southwest Quarter a distance of 1539 feet more
or less to the centerline of State Highway No. 101; thence northwesterly along
said centerline to its intersection with a line drawn South 34 degrees 42 minutes
50 seconds West from the point of beginning; thence North 34 degrees 42 minute
50 seco lds East a distance of 685.20 feet to the point of beginning. EXCEPTING
THEREFR)M all that part of the above described property lying southerly and
II easterly of the following described line A: Commencing at the southeast corner
of the Southwest Quarter of said Section 25, Township 116, Range 23, Carver
County, Minnesota; thence on an assumed bearing of South 89 degrees 12 minutes
10 seconds West along the south line of said Southwest Quarter a distanc_ of
JIL..... 1538.77 feet to the point of beginning of said line A; thence North 0: :e•e.
• . - '.' • - • .......„.$,,,,,.,,:„.„.
01 minutes 11 seconds East a distance of 17.00 feet; thence North 60 de: k:•
11 minutes 32 seconds East a distance of 289.79 feet; thence North 18 d,:btos
47 minutes 49 seconds East a distance of 400.00 feet; thence South 68 degrees
44 minutes 39 seconds East a distance of 48.84 feet; thence Soutl 51 degrees
II 57 minutes 03 seconds East a distance of 110.61 feet; thence North 84 degrees
28 minutes 55 seconds East a distance of 217.90 feet; thence South 66 degrees
18 minutes 49 seconds East a distance of 152.96 feet; thence North 89 degrees
12 minutes 10 seconds East a distance of 683 feet more or less to the east lint
of said Southwest Quarter and there terminating. ALSO EXCEPTING THEREFROM the
following described Tract: That part of the Southwest quarter of Section 25,
Township 116, Range 23, Carver County, Minnesota, described as follows: Commencin
at a point on the north line of said Southwest Quarter distant 2605.14 feet
east of the Northwest corner of said Southwest Quarter; thence South 89 degrees
II 30 minutes 39 seconds West assumed bearing, along said north line 1325.91 feet
to the centerline of State Highway No. 101; thence South 3 degrees 25 minutes
00 seconds West a distance of 198.77 feet; thence southwesterly 401.01 feet
along a tangential curve to the right, having a radius of 546.83 feet; thence
South 45 degrees 26 minute=s 00 seconds West a distance of 826.78 feet; thence
South 23 degrees 51 minutes 00 seconds East a distance of 158.43 feet; thence
South 89 degrees 08 minutes 00 seconds East a distance of 1025.00 feet; thence
South 00 degrees 52 minutes 00 seconds West a distance of 30.00 feet to the
II point of beginning of the land to be described; thence South 89 degrees 08
minutes CO seconds East a distance of 300.00 feet; thence South 00 degree:;
52 minutes 00 seconds West a distance of 849 feet more or less to the intersection
with the above described line A; thence northwesterly and westerly along said
I line A, to the intersection with a line drawn South 00 degrees 52 minutes
00 seconds West from the point of beginning; thence North 00 degrees 52 minutes
00 seconds East a distance of 814 feet more or less to the poi.• of beginning.
1 N i ( Ci'e-Pf --
I That part part of the Southwest a hi 116 , �Ra Z C a�►er * :Coun ty �►
Quarter of Section 25, Township , ,,,
Minnesota described as follows: Commencing at the Southeast corner of said Southwest Quarter;
thence on a assumed bearing of South 89° 12' 10" West along the 'south 'lice of laid 6outheest
Quarter a distance of 1538.77 feet; ;thence North 1° 01' 11 East a •of'17.00 feet to
the point of beginning; thence North 60° 11' 32" East a distance o289.79 - fee • hence' North
18 47' 49" East a distance of 417.75 feet; thence North 76° 26' 34 ".'West a distance of ��591.83
I feet to the centerline of State Highway No. 101; thence southeasterly along sai'dccsnterline a
distance of 705.73 feet to the point of beginning. - '
cow 1 u% S .,Cr, L to RL 0t S •
,' ..