CC Staff Report 6-24-18 - Vacation of EasementsCITY COUNCIL STAFF REPORT
Monday, June 24, 2019
Subject Resolution 2019XX: Approve Vacation of Drainage & Utility Easements at 8077 Century
Boulevard (Control Concepts)
Section PUBLIC HEARINGS Item No: H.1.
Prepared By Erik R. Henricksen, Project Engineer File No: Planning Case 201904
PROPOSED MOTION
“The City Council adopts a resolution approving the vacation of a portion of public drainage and utility easements
dedicated as shown on the attached Exhibit A."
Approval requires a Simple Majority Vote of members present.
BACKGROUND
The property owner of 8077 Century Boulevard has requested the city vacate a portion of public drainage and utility
easements on Lot 2, Block 1 of Arboretum Business Park 7th Addition. The portion of drainage and utility easement
as described in the attached Exhibit A is being vacated to meet conditions of a site plan review for the development of
Lot 2, Block 1 of Arboretum Business Park 7th Addition. The atypical drainage and utility easements on Lot 2 were
originally platted in 1997 in the event public drainage and utilities were required. Staff has reviewed the vacation and
finds no need for the atypical easements and believes standard drainage and utility easements associated with the lot
lines are appropriate for this site. Furthermore, staff agrees that the vacation will avoid the need for additional
encroachment easements.
No existing public or private utilities, structures, or public appurtenances are within the requested vacation area. The
easement vacation is conditioned upon recording the lot line adjustment for Lot 2, Block 1, Arboretum Business Park
7th Addition, along with the easements required as a condition of site plan approval for Planning Case 201904,
"Control Concepts."
RECOMMENDATION
Staff recommends adoption of a resolution granting the vacation of the atypical portions of drainage and utility
easements of Arboretum Business Park 7th Addition, Block 1, Lot 2.
CITY COUNCIL STAFF REPORTMonday, June 24, 2019SubjectResolution 2019XX: Approve Vacation of Drainage & Utility Easements at 8077 CenturyBoulevard (Control Concepts)Section PUBLIC HEARINGS Item No: H.1.Prepared By Erik R. Henricksen, Project Engineer File No: Planning Case 201904PROPOSED MOTION“The City Council adopts a resolution approving the vacation of a portion of public drainage and utility easementsdedicated as shown on the attached Exhibit A."Approval requires a Simple Majority Vote of members present.BACKGROUNDThe property owner of 8077 Century Boulevard has requested the city vacate a portion of public drainage and utilityeasements on Lot 2, Block 1 of Arboretum Business Park 7th Addition. The portion of drainage and utility easementas described in the attached Exhibit A is being vacated to meet conditions of a site plan review for the development ofLot 2, Block 1 of Arboretum Business Park 7th Addition. The atypical drainage and utility easements on Lot 2 wereoriginally platted in 1997 in the event public drainage and utilities were required. Staff has reviewed the vacation andfinds no need for the atypical easements and believes standard drainage and utility easements associated with the lotlines are appropriate for this site. Furthermore, staff agrees that the vacation will avoid the need for additionalencroachment easements.No existing public or private utilities, structures, or public appurtenances are within the requested vacation area. Theeasement vacation is conditioned upon recording the lot line adjustment for Lot 2, Block 1, Arboretum Business Park7th Addition, along with the easements required as a condition of site plan approval for Planning Case 201904,"Control Concepts."RECOMMENDATION
Staff recommends adoption of a resolution granting the vacation of the atypical portions of drainage and utility
easements of Arboretum Business Park 7th Addition, Block 1, Lot 2.
ATTACHMENTS:
Proposed Vacation Survey Lot 2
Vacation Application
Resolution Approving Vacation
Affidavit of Mailing
GSOC Verification
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE June 24, 2019 RESOLUTION NO: 2019-XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS
WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of
Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks
published and posted notice and mailed notice to the abutting property owners, to consider the
vacation of easements for drainage and utility purposes as legally described in the attached
Exhibit A (“Easements”); and
WHEREAS, in conjunction with the lot line adjustment for the property in which the
Easements are located, new drainage and utility easement will be provided; and
WHEREAS, it was determined by the City Council that the Easements are no longer
needed for public purposes.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. The Easements are hereby vacated, conditioned upon recording the lot line
adjustment for Lot 2, Block 1, Arboretum Business Park 7th Addition (“Property”), and the
easement required as a condition of site plan approval for the Property.
2. The vacation shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary
and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or
thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated
to maintain, repair, replace, remove, or otherwise attend thereof.
3. The Clerk shall forthwith transmit a certified duplicate of this Resolution to the
County Auditor and County Recorder for recording simultaneous with the documents approving
the lot line adjustment and the easements required for site plan approval of the Property.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of June, 2019.
ATTEST:
__________________________________ ____________________________________
Todd Gerhardt, City Manager Elise Ryan, Mayor
YES NO ABSENT
EXHIBIT A
Legal Description of Easements to be Vacated
All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS
PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as
dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, Lying within said
Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the
following described line:
Commencing at the southwest corner of said lot 2; thence on an assumed bearing South
89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of
546.74 feet to the point of beginning of the line to be described; thence North 00 degrees
27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds
West 49.31 feet; thence northwesterly 99.88 feet along a non-tangential curve concave to
the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42
seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West, thence North
00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line
of said Lot 2 and said line there terminating.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
June 6,2019, 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
Vacation of Public Drainage and Utility Easements, Control Concepts, Planning Case No.
2019-04 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.
1 A,c.
Kim
MMj'
a sen, Deputy Cler
Subscribed and sworn to before me M STE KLING
this o`
N
day of J`-- 2019.
NotwyJEAN
pubMo-M
Commilicn l s,Mn 31,2024
Q C..r is !a, Notary Public
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on
Monday, June 24, 2019 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700
Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public
drainage and utility easements located at 8077 Century Boulevard, legally described as follows:
All Drainage and Utility Easements as dedicated in Lot 2, Block 1,
ARBORETUM BUSINESS PARK 7TH ADDITION, Carver County, Minnesota,
and all Drainage and Utility Easements as dedicated in ARBORETUM
BUSINESS PARK, Carver County, Minnesota, Lying within said Lot 2, Block 1,
except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the
following described line:
Commencing at the southwest corner of said lot 2; thence on an assumed
bearing South 89 degrees 32 minutes 15 seconds East along the south line
of said Lot 2, a distance of 546.74 feet to the point of beginning of the line
to be described; thence North 00 degrees 27 minutes 45 seconds East
280.88 feet;thence North 89 degrees 32 minutes 15 seconds West 49.31
feet; thence northwesterly 99.88 feet along a non-tangential curve concave
to the southwest,having a radius of 129.00 feet, a central angle of 44
degrees 21 minutes 42 seconds and a chord that bears North 62 degrees 28
minutes 43 seconds West,thence North 00 degrees 12 minutes 17 seconds
East,not tangent to said curve, 29.14 feet to a north line of said Lot 2 and
said line there terminating.
EXHIBIT
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SCALE IN FEET
All interested persons are invited to attend this public hearing and express their opinions with
respect to this proposal.
Erik R. Henricksen, EIT, Project Engineer
Phone: 952-227-1165
Publish in the Chanhassen Villager on June 13 &20, 2019)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE June 24, 2019 RESOLUTION NO: 2019-XX
MOTION BY: SECONDED BY:
RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS
WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of
Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks
published and posted notice and mailed notice to the abutting property owners, to consider the
vacation of easements for drainage and utility purposes as legally described in the attached
Exhibit A ("Easements"); and
WHEREAS, in conjunction with the lot line adjustment for the property in which the
Easements are located, new drainage and utility easement will be provided; and
WHEREAS, it was determined by the City Council that the Easements are no longer
needed for public purposes.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1.The Easements are hereby vacated, conditioned upon recording the lot line
adjustment for Lot 2, Block 1, Arboretum Business Park 7th Addition ("Property"), and the
easement required as a condition of site plan approval for the Property.
2.The vacation shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary
and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or
thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated
to maintain, repair, replace, remove, or otherwise attend thereof
3.The Clerk shall forthwith transmit a certified duplicate of this Resolution to the
County Auditor and County Recorder for recording simultaneous with the documents approving
the lot line adjustment and the easements required for site plan approval of the Property.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of June, 2019.
ATTEST:
Todd Gerhardt, City Manager Elise Ryan, Mayor
YES NO ABSENT
EXHIBIT A
Legal Description of Easements to be Vacated
All Drainage and Utility Easements as dedicated in Lot 2, Block 1, ARBORETUM BUSINESS
PARK 7TH ADDITION, Carver County, Minnesota, and all Drainage and Utility Easements as
dedicated in ARBORETUM BUSINESS PARK, Carver County, Minnesota, Lying within said
Lot 2, Block 1, except the north 5 feet, west 10 feet and south 5 feet thereof lying west of the
following described line:
Commencing at the southwest corner of said lot 2; thence on an assumed bearing South
89 degrees 32 minutes 15 seconds East along the south line of said Lot 2, a distance of
546.74 feet to the point of beginning of the line to be described; thence North 00 degrees
27 minutes 45 seconds East 280.88 feet; thence North 89 degrees 32 minutes 15 seconds
West 49.31 feet; thence northwesterly 99.88 feet along a non-tangential curve concave to
the southwest, having a radius of 129.00 feet, a central angle of 44 degrees 21 minutes 42
seconds and a chord that bears North 62 degrees 28 minutes 43 seconds West,thence North
00 degrees 12 minutes 17 seconds East, not tangent to said curve, 29.14 feet to a north line
of said Lot 2 and said line there terminating.
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