Background Documents
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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
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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
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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.
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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
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Chmiel
Boyt
Johnson
Workman
Dimler
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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.
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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
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Donald Jp~' ayor
ABSENT
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,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
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'"'''~~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.
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~ 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.
Date: September 30, 1992
:!k-i~he.j;r~
land Surveyor MN lie. No. 17006
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