CC Staff Report 01-12-2015A
1
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i
,
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 2271100
Fax 952 2271110
Building Inspections
Phone 952 2271180
Fax 952 2271190
Engineering
Phone 952 2271160
Fax 952 2271170
Finance
Phone 952 2271140
Fax 952 2271110
Park & Recreation
Phone 952 2271120
Fax 952 2271110
Recreation Center
2310 Coulter Boulevard
Phone 952 2271400
Fax 952 2271404
Planning &
Natural Resources
Phone 952 2271130
Fax 952 2271110
Public Works
7901 Park Place
Phone 952 2271300
Fax 952 2271310
Senior Center
Phone 952 2271125
Fax 952 2271110
Website
www a chanhassen mn us
MEMORANDUM
TO- Todd Gerhardt, City Manager
FROM- Jill Sinclair, Environmental Resource Specialist
DATE January 12, 2015 0 W,
SUBJ. 2224 Lukewood Drive, Amendment to the Conservation Easement
PROPOSED MOTION
"The Chanhassen City Council approves the Amendment to the Conservation
Easement for 2224 Lukewood Drive "
City Council approval requires a majority vote of city council.
BACKGROUND
The homeowner is requesting release of part of the Conservation Easement in order to
construct a swimming pool on the property. A blanket easement was established
along the north 50 feet of the project boundary with the Mmger Addition, Subdivision
#93 -25
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
2224 Lukewood Drive
January 12, 2015
Page 2
DISCUSSION
The area proposed to be amended is currently un- wooded and was previously a section of
driveway that lead to the original home located on the development property. Staff supports the
amendment since no trees will be removed in order to complete the construction A play
structure and sandbox currently occupy part of the area These structures will be removed for the
construction of the pool. There is an existing wooded area within the Conservation Easement
This area will not be affected and remain under the easement
RECOMMENDATION
Staff recommends approving the Amendment to the Conservation Easement for 2224 Lukewood
Drive.
ATTACHMENTS
1 Amendment
2. Site Survey.
3 Affidavit of Mailing
g \plan\2015 planning cases\2015 -03 2224 lukewood drive conservation easement\2224 lukewood exec sunnuary doc
AMENDMENT TO CONSERVATION EASEMENT
THIS AMENDMENT TO CONSERVATION EASEMENT ( "Amendment ") is made
as of the day of , 2015, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City ") and MICHAEL MEYER AND
MEGAN MEYER, husband and wife ( "Meyers ")
RECITALS:
WHEREAS, a Conservation Easement was granted to the City by Patrick J Mmger and
Karen C Mmger dated August 24, 1994, and filed of record with the Carver County Recorder on
September 16, 1994, as Document No 172019 ( "Original Easement "),
WHEREAS, the Meyers are the current owners of property legally described as Lot 4,
Block 1, Mmger Addition, Carver County, Minnesota ( "Subject Property ");
WHEREAS, the parties wish to amend the Original Easement for the sole purpose of
revising the legal description as it affects the Subject Property
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the parties hereto agree that the legal description in the Original Easement as it
affects the Subject Property is amended and legally described on the attached Exhibit A and
depicted on Exhibit B
179255v1
IN WITNESS WHEREOF, the parties hereto have signed this Amendment to
Conservation Easement the day and year first above written
[Remainder of Page Intentionally Left Blank]
179255v1
CITY OF CHANHASSEN
By.
Denny Laufenburger, Mayor
And
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of ,
2015 by Denny Laufenberger and Todd Gerhardt, the Mayor and City Manager, respectively, of
the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
179255v1
Michael Meyer
Megan Meyer
STATE OF MINNESOTA )
)ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2015, by Michael Meyer and Megan Meyer, husband and wife
DRAFTED BY.
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone 651- 452 -5000
RNK/cjh
179255v1
Notary Public
0
EXHIBIT A
TO
AMENDMENT TO CONSERVATION EASEMENT
The north 50 feet of Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota, except the
portion legally described as follows.
Beginning at the Northwest corner of said Lot 4, thence South 89 degrees 59 minutes 06
seconds East, assumed bearing along the North line of said Lot 4, 63 00 feet, thence South
00 degrees 00 minutes 54 seconds West, 30 00 feet, thence South 46 degrees 24 minutes 42
seconds West, 29.00 feet, thence North 89 degrees 59 minutes 16 seconds West, 42.00 feet
to the West line of said Lot 4, thence North 00 degrees 00 minutes 44 seconds East, along
said West line, 50.00 feet to the point of beginning
179255v1
for - Michael Meyer
2224 Lukewood Drive E
Chanhassen, MN 55317 W*
5
DESCRIPTION OF PROPERTY- 0 20
Lot 4, Block 1, MINGER ADDITION,
Carver County, Minnesota
NW CORNER S 89 °69'06 E
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LEGAL DESCRIPTION
OR CONSERVATION EASEMENT
MENDMENTAREA
hat part of Lot 4, Block 1, MINGER
DDITION, Carver County, Minnesota
scribed as follows
eginning at the Northwest corner of said Lot
thence South 89 degrees 59 minutes 06
conds East, assumed bearing along the
orth line of said Lot 4, 63,00 feet, thence
uth 00 degrees 00 minutes 64 seconds
est, 30.00 feet, thence South 46 degrees
minutes 42 seconds West 29 00 feet•
L x2460,
thence North 89 degrees 69 minutes 16
.._
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seconds West, 42.00 feet to the West line of
1" a°
said Lot 4, thence North 00 degrees 00
minutes 44 seconds East, along said West
line, 50 00 feet to the point of beginning
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LEGAL DESCRIPTION
OR CONSERVATION EASEMENT
MENDMENTAREA
hat part of Lot 4, Block 1, MINGER
DDITION, Carver County, Minnesota
scribed as follows
eginning at the Northwest corner of said Lot
thence South 89 degrees 59 minutes 06
conds East, assumed bearing along the
orth line of said Lot 4, 63,00 feet, thence
uth 00 degrees 00 minutes 64 seconds
est, 30.00 feet, thence South 46 degrees
minutes 42 seconds West 29 00 feet•
L x2460,
thence North 89 degrees 69 minutes 16
.._
R :100, 1IX
seconds West, 42.00 feet to the West line of
1" a°
said Lot 4, thence North 00 degrees 00
minutes 44 seconds East, along said West
line, 50 00 feet to the point of beginning
N
j DENOTES CONSERVATION
EASEMENTAMENDMENTAREA
LEGEND
I hereby certify that this survey was prepared by me or under • Found 1/2" Iron Pipe
my direct supervision and that I am a duly licensed Professional OREMIER
Land Surveyor under the laws of the State of Minnesota O Set 1/2" iron pipe marked
with cap no 22703 LAND SURVEYING, LLC
22703 11/14/14 PROJ NO. 1273 -00 X Sot Elevation
Steven V Ische License No Date BOOK 6, PAGE 59 p 952- 443.3010
O
MORTGAGE HOLDER CONSENT
TO
AMENDMENT TO CONSERVATIONEASEMENT
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., organized and
existing under the laws of Delaware, as nominee for the Lender JP MORGAN CHASE BANK
NA, which holds a mortgage on all or part of the property more particularly described in the
foregoing Amendment to Conservation Easement, which mortgage is dated September 14, 2014,
and recorded October 1, 2014 as Document No A 600104 with the office of the County Recorder
for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby loin in, consents to and subjects its interest in the
property subject to the foregoing Amendment to Conservation Easement
STATE OF
COUNTY OF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
BY
Its
ss
The foregoing instrument was acknowledged before me this day of
2015, by
the
of
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., organized and existing
under the laws of Delaware, as nominee for the Lender JP MORGAN CHASE BANK NA, on its
behalf
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone (651) 452 -5000
RNK cjh
179255v1 7
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
January 2, 2015, 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 Request for
Amendment to Conservation Easement at 2224 Lukewood Drive 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 S_+11 day o , 2015.
r
Notary Puklic
K en J Engelhardt, D'e uty Clerk
1—
KIM T MEUWISSEN
Notary Public- Minnesota
My commission Expires Jan 31, 2016
CITY OF CHANHASSEN
Notice of Request for Amendment to Conservation Easement
Dear Property Owner-
The City has received a request from Michael and Megan Meyer, property owners of 2224 Lukewood Drive, to
amend the conservation easement located in their backyard in order to construct a swimming pool. The City
Council will review this request at their meeting on Monday, January 12, 2015 at 7:00 p.m. You may attend
this meeting and provide comment on this request Comments may also be submitted prior to the meeting by
email to Jill Sinclair at isinclair @ci chanhassen.mn.us, or in writing to Chanhassen City Hall, 7700 Market
Boulevard, P 0 Box 147, Chanhassen, MN, 55317 Please submit emailed or written comments no later than
Tuesday, January 6, 2015 so they can be included in the staff report to the City Council.
Documents regarding this request are available for review on the city's website at
www ci chanhassen mn us /lukewood. The agenda and staff report will be available online by Thursday,
January 8t" at www ci.chanhassen.mn us /agendas
If you have any questions or need additional information prior to the City Council meeting, please contact Jill
Sinclair with the Chanhassen Planning Department at (952) 227 -1131 or by email at
isinclair @ci chanhassen.mn.us.
CITY OF CHANHASSEN
Notice of Request for Amendment to Conservation Easement
Dear Property Owner-
The City has received a request from Michael and Megan Meyer, property owners of 2224 Lukewood Drive, to
amend the conservation easement located in their backyard in order to construct a swimming pool The City
Council will review this request at their meeting on Monday, January 12, 2015 at 7:00 p m You may attend
this meeting and provide comment on this request Comments may also be submitted prior to the meeting by
email to Jill Sinclair at isinclair @ci chanhassen mn us, or in writing to Chanhassen City Hall, 7700 Market
Boulevard, P 0 Box 147, Chanhassen, MN, 55317. Please submit emailed or written comments no later than
Tuesday, January 6, 2015 so they can be included in the staff report to the City Council
Documents regarding this request are available for review on the city's website at
www.ci chanhassen mn us /lukewood The agenda and staff report will be available online by Thursday,
January 8t" at www ci chanhassen.mn.us /agendas
If you have any questions or need additional information prior to the City Council meeting, please contact Jill
Sinclair with the Chanhassen Planning Department at (952) 227 -1131 or by email at
isinclair @ci chanhassen mn.us.
BARRY PINNOCK BLAIR D & MARIA N ELGREN BRADLEY J FOLEY
2221 LUKEWOOD DR 2274 LUKEWOOD DR 2061 TIMBERWOOD DR
CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9669
BRIAN A & JEAN M LEBAHN CHARLES J BURKE CINDY L SKACK
8275 BENWOOD CIR 2305 LUKEWOOD DR 2209 LUKEWOOD DR
CHANHASSEN, MN 55317 -9380 CHANHASSEN, MN 55317 -9370 CHANHASSEN, MN 55317 -8425
CRAIG A & CHRISTINE M WINTER DANIEL M GRUSS DAVID C HOELKE
8250 BENWOOD CIR 2300 LUKEWOOD DR 8141 MAPLEWOOD TERR
CHANHASSEN, MN 55317 -9380 CHANHASSEN, MN 55317 -9370 CHANHASSEN, MN 55317 -9661
DEREK G SLAUGHTER DOUGLAS M ALLEN GREGORY G & JULIE K SORENSEN
8260 BENWOOD CIR 2250 LUKEWOOD DR 8121 MAPLEWOOD TER
CHANHASSEN, MN 55317 -9380 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9661
JAMES D & LORIE D RYAN JAMES L & DARLA D OLSON JEROME A & NANCY N PARTEN
8121 PINEWOOD CIR 2277 LUKEWOOD DR 2301 LUKEWOOD DR
CHANHASSEN, MN 55317 -9664 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9370
JOSEPH M GRIEP KEVIN R & SUSAN J O'BRIEN LEAH MANCINI
2200 LUKEWOOD DR 2201 LUKEWOOD DR 2329 LUKEWOOD DR
CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9370
MARK A & NANCY E BIELSKI MICHAEL DAUWALTER MICHAEL DEAN WAYMIRE
8140 PINEWOOD CIR 8141 PINEWOOD CIR 2081 TIMBERWOOD DR
CHANHASSEN, MN 55317 -9664 CHANHASSEN, MN 55317 -9664 CHANHASSEN, MN 55317 -9669
MICHAEL MEYER PATRICK J & KAREN C MINGER RANDY M & ALISON L BLACKOWIAK
2224 LUKEWOOD DR 2218 LUKEWOOD DR 8140 MAPLEWOOD TER
CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9661
STEPHEN A WITHROW STEVEN D KELLEY THOMAS L & AILEEN B TIETJEN
2206 LUKEWOOD DR 2071 TIMBERWOOD DR 8278 BENWOOD CIR
CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9669 CHANHASSEN, MN 55317 -9380
TIMOTHY & ALISON K RONGITSCH TIMOTHY H & LYNN M LEE WESLEY BERGSTROM
8281 BENWOOD CIR 2255 LUKEWOOD DR 8120 PINEWOOD CIR
CHANHASSEN, MN 55317 -9380 CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9664
WILLIAM J SCHWEITZER WILLIAM R & BONITA A LIDFORS
2215 LUKEWOOD DR 8251 BENWOOD CIR
CHANHASSEN, MN 55317 -8425 CHANHASSEN, MN 55317 -9380