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Background Documents 'l'~ LAW OF'F"lCES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ /II.. PAFtTNE.RSHIF:t INCLUDING PROF"ESStONAL ASSOCtATIONS ONE FINANCIAL PLAZA, SUITE 1100 120 SOUTH SIXTH STREET A. THOMAS WURST, P.A, CURTIS A. PEARSON, P.A. JAMES D, LARSON, P.A. THOMAS F. UNDERWOOD, P.A, CR""IG M, MERTZ ROGER J. FELLOWS MINNEAPOLIS, MINNESOTA 55402-1803 TELEPHONE (612) 338-4200 FAX NUMBER (612) 338-2625 March.18, 1993 stephanie Young Carver County Title Examiner 3860 County Road 140 Chaska, MN 55318 Re: Danielson Property Carver Co. certificate of Title #6942 Dear Ms. Young: I'm writing to you on behalf of John and Ann Danielson who are the registered owners of Lot 46, Pleasant View (Certif icate of Title #6942). The 1992 Amendments to Minnesota statute section 508.71, Subdivision 2, appears to authorize the Examiner of Titles to issue a directive that a vacated street be added to a Certificate of Title. This letter is a request for the issuance of just such a directive. On February 12, 1990, the Chanhassen City Council adopted Resolution number 90-17, recorded on AUgust 28, 1990, as Carver county Torrens Document number T-66231. That Resolution vacates a portion of Baldur Avenue in the plat of Pleasant View. On July 27, 1992, the Chanhassen city Council adopted Resolution 92-84, recorded January 6, 1993, as Carver County Torrens document number 76003. That Resolution vacates a portion of the street known as Horseshoe Curve also in the plat of Pleasant View. For your convenience I enclose a copy of the two resolutions. The vacated portions of Baldur Avenue and the vacated portions of Horseshoe Curve both abut my client's property. It is my understanding that the easterly line of Baldur Avenue is also of the easterly line of the plat of Pleasant View. The land to the immediate east of my client's property is a Ronald Harvieux property (Lot 2, Block 1, Sathre Addition). I enclose a photocopy of a portion of the plat of the Sathre Addition. A drawing upon that copy depicts both Baldur Avenue and the portions of Horseshoe curve, vacated by the Chanhassen city Council. .~ WURST, PEARSON, LARSON, UNDERWOOD & MERTZ stephanie Young March 18, 1993 Page 2 On behalf of Mr. and Mrs. Danielson I request that you issue a directive transferring to the face of the Danielsons' certificate both vacated Baldur Avenue and that portion of Horseshoe Curve which is indicated in pink on the enclosed map. It is my understanding that the Harvieux property is abstract property, although I have not verified that fact. I am sending a copy of this letter to the Carver County Auditor as my notice to the auditor of this request. I am not representing Mr. Harvieux in connection with this request, however, I am sending Mr. Harvieux a copy of this letter because Mr. and Mrs. Danielson have asked me to inform Mr. Harvieux of this request. It is my understanding that in connection with this type of request, your fee as examiner of title is not passed through to the applicants. If my understanding is incorrect please so advise. cr;iY~ Craig M. Mertz CMM/kh Enclosure cc: Ron Harvieux John and Ann Danielson Mark Lundgren - Carver County Auditor . .. CERTIFICATION STATE OF MINNESOTA COUNTY OF CARVER ) ) ss ) I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhas~en, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 90-17 entitled -A Resolution Vacating Baldur Avenue- dated February 12, 1990 with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the .City -COuncil. Witness my hand and official seal at chanhassen, Minnesota, this 21st day of August , lSSO . pa'JO}.L of C/ p.... ./~~ . \ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: SECONDED BY: 90-17 DATE: February 12, 1990 MOTION BY: Johnson Dimler A RESOLUTION VACATING BALDUR AVBNUE WHEREAS, a petition was received for the vacation of Baldur Avenue as described in the attached Bxhibit A, and ... .,.' .)'.;. WHEREAS, a public hearing was held on said petition on . February 12, 1990 J and ~ WHEREAS, said public hearing was preceded by two weeks published and posted notice as required by Section 412.851 of Minnesota Statutes; and . WHEREAS, there is no public interest to be aerved by the con- tinued public ownership of that portion of the above described right-of-way and easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen that any and all of the above.described road- way easement as described in Exhibit A i8 hereby vacated con- tingent upon the following: 1. A sanitary sewer easement should be retained/conveyed to the City over the portion of the existing sanitary sewer line. \ \ I .-/ 2. No tree removal shall be permitted on Baldur Avenue. Passed and adopted by the Chanhassen City.Council this 12th day of Pebruary , 1990. ATTEST: Lf1 - ~~. Don Ashworth, City Manager ~~~r ~ J ." !H Chmiel Boyt Johnson Workman Dimler !Q ABSENT Bone Rone Ptt~:)._DL-of V Paoea ,/ - BDIBI'I A 8TUB'I ftCA'I10B MLDOR &V5IIua - >>LBUUlT nn aDD1'110. That part of Baldur Avenue lying aoutberly of the northeasterly- extension of the northerly line of Lot 46, all in Pleasant View Addition, according to the recorded plat thereof, Carver County, Kinnesota. ~ i-'" -:] ,. , of c.; fI..... <> w "< . . 'j . r .-- . :". ~ :: .."1".-:' ." _ :'~~"". ~~ : r:. ..' .~ h: .: :1.'...!' ~ ,.! '. . . .'" . .., ~" . ~ . ".".'f.:" I .__-_.-........ " C'::) t. ~ -\ ~ <5' '- ~ i.) "- . , , I pWJtt .': lf of .-!L- p.... . . ~ City of Chanhassen Carver and Hennepin Counties, Minnesota DATE: Julv 27, 1992 RESOLUTION NO: 92-84 MOTION BY: Workman SECONDED BY: Winq A USOLUTION VACATING A PORTION OP HILLSIDB AVBNtJB, BORSBSHOB CURVB AND BALDER AVBNtJB RIGHT-OP-WAY WHBRKAS, pursuant to Minnesota Statutes S 412.851 the Chanhassen City Council has conducted a hearing preceded by two (2) weeks published and posted notice to consider the vacation of a portion of Hillside Avenue, Horseshoe Curve and Balder Avenue as described on the attached Exhibit Ai and WHBRBAS, the portion of Hillside Avenue, Horseshoe Curve and Balder Avenue proposed to be vacated does not continue to serve as public right-of-way. NOW, THBRBFORB, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The above described easement is hereby vacated. However, there is reserved by the city, an easement for utility and drainage purposes over, across, on, under and through said vacation. 2. The City Clerk is directed to file a certified copy of this resolution with the County Auditor and County Recorder. Passed and adopted by the Chanhassen City Council this 27th day of July, 1992. ATTEST: YES NO ~~ Ii / 0. .. Donald Jp~' ayor ABSENT <- ,Z{2 nO en;--..., Ashworth. ~ager Don Chmiel Mason Dimler Winq Workman None None DESCRIPTION FOR: MR. RONALD E. HARVIEUX Prepared By: EXHIBIT A DESCRIPTION FOR YACATIQU ~p '"'''~~That part of Hillside Avenue (now known as Horseshoe Curve), originally ~ dedicated In the record plat of .PLEASANT VIEW" and now to be vacated, Which ...... lies easterly and southeasterly of a line 30.00 feet easterly and southeasterly of the easterly and southeasterly line of Lot 2, Block 1, STEVENS ADDITION, according to the recorded plat thereof. lAfZ'~ : ~ That part of Horseshoe Curve, originally dedicated in the record plat of SATHRE ADDITION and now to be vacated which lies easterly of a line described as follows: Commencing at the northwest corner of Lot 2, Block I, in said SATHRE ADDITION; thence southerly, a distance of 84.82 feet, along the westerly line of said lot 2, to the point of beginning of the line to be described; thence southerly, tangent to the curve on said westerly line, a distance of 53.28 feet; thence southerly, on a tangential curve concave to the west having a radius of 150.04 feet, to the west line of said Horseshoe Curve. 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