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72-02 - Red Cedar Point SUB pt 1
San Luis Obispo,Ca. Sept.17,1980 To the City of Chanhassen Chanhass�en,minn.55317 We are the owne- of Lot 1,Block 1, Red Cedar Point,Lake Minnewashta. We have been the owners of this property since the year 1958 and we have maintained part of the easterly line of Lot 1,Block 1 that is a 49 ' roadway having a public way status. In the event that the City of Chanhassen would vacate such a public way, we like to be considered as claimants for the part of the public way adjacent to our property. Thank you. Sincerely, Edwin a, and Trivia P.Seim 3616 Red Cedar Point Dr. Excelsior,.M!=.5533 - and 292 Charles D'r. San Luis Obispo,Ca.93401 3 i DEVELOPMENT GUIDE Red Cedar Point Area of the Village of Chanhassen, Minnesota Prepared by: The Village Planning Commission .with guidance and assistance from residents and property owners and Design Planning Associates,.Inc., +� Planning Consultants May, 1973 a YR. BACKGROUND It was considered.an opportune time to plan for the future environment of Red Cedar Point as the extension of utilities into the area was considered. Such planning was considered necessary due to a number of problems noted in the neighborhood: 1. Very narrow streets. 2. Platted streets which serve no real purpose. 3. Irregular and varying sized building lots. 4. Small public Lake access points and areas. 5. Improper road intersections. 6. No plan for future subdivision or re -subdivision of larger parcels. 7. Some instances of poor site maintenance and exterior storage and dumping. A variety of problems and situations indicated the need to consider how best the area might be improved and further.devel oped for the future enjoyment of the residents. As a result., the Planning Commission developed a preliminary.plan for the area and various alternatives were discussed with residents and property owners. Public meetings have been held concerning both utility improvements and general improvements. Considerable assistance has been provided by area residents voicing their opinions and suggestions. As a result of such studies, discussions, and public meetings - a general development plan has evolved and is presented in this report. RED CEDAR POINT DEVELOPMENT GUIDE As prepared, the plan is a "guide" to proper maintenance and development of the Red Cedar Point Area. It is considered as a more specific part of the Comprehensive Municipal (Village) Plan. Based upon a study of area conditions and apparent desires of residents and land owners, the following plan elements have been developed: 1. The plan is intended as a guide to proper maintenance and development of remaining vacant land. Except for the utility easements and installations, many parts of the plan can ' remain somewhat flexible and be amended from time -to' time as conditions warrant. Later, it may be desirable to consider an "official map" which would be less flexible and designate precise and final street alignments, public areas, and other features. At this time, it is believed that flexibility is more desirable but that the plan be used constantly as a guide to subdivision, re -subdivision, and issuance of building permits. -1- 2. A guide has been prepared indicating.future streets and streets which might be vacated; comments are as follows: a) Kirkheim Road (North of Hickory) * Retain this road easement for use by local residents only; it is considered too small for general public use. * Combine with potential public park land to the west if and when acquired by the Village. • Vacate only if it proves to be a problem (public nuisances such as over -utilization, noise, congestion, street parking, trash collector, etc.). * The area should at all times be well -maintained; preferrably by local users (Home Owners Association or Neighborhood Association). b) Hancock Place * This street may be vacated as serving no public purpose. c) Hickory * This narrow road should be made as safe and passable as possible under the limitations set by narrow width and topography. * If problems appear, this street should be made one-way with the direction set with assistance from a Traffic Engineer. d) Kirkheim Road (South. of South Cedar) * Treat in a manner similar to that north of Hickory except that there is no expanded public park potential here. e) Red Cedar Point Road * As a public road, this should be properly terminated with a turn -around at the public area on the north side of the point. It should be signed as a "dead end" road with restricted parking in the vicinity of the public shoreland site. f) Kirkheim Road (between South Cedar and Red Cedar Point Road) * This may be vacated as not being needed for road or utility easements. Such vacation should not, however, take place until actual development trends are more defined and such potential uses as a pedestrian trail, surface water drainage, and the like have been discarded. g) New Streets * Potential new streets alignments have been indicated based upon relationship to utility easement needs, future re -subdivision for additional'lot development, and area access and circulation: -2- * Such new street alignments can be somewhat flexible until development trends become more clear although the alignments will become more "fixed" as individual development requests are made and approved based upon use of the area development guide. h) Hickory * This road should be extended. west to County Road No. 15 if a need is demonstrated for future change in'private use (housing). Such a, street extension is not needed if the land remains in its present use or becomes a public park at a later date. i) General * All roads should be improved for safety (paved, adequate width, curbing where needed for Proper drainage,. and the like). It is not, however, considered necessary to construct or reconstruct roads to a standard cross-section (width) standard employed ,in new areas of the Village. The somewhat narrow and confining nature of the street system at Red Cedar Point is characteristic of the environment and may be preserved consistent with safety and winter travel needs. 3. A "guide" has been developed for the potential re -subdivision of larger land parcels and the use of certain small parcels with all such parcels b.eing suitable for placement of a housing structure. Such'a guide is necessary since some parce s are considered too small for suitable development and many of the larger parcels cannot be properly sub- divided except by cooperation and coordination wi h adjacent land owners and future street plans. What is ind cated on the plan is intended as a guide to be followed wiAh changes in the plan possible when it is demonstrated that plan revisions are equal to or better than that currently indicated. At all times, however, a comprehensive view should be taken at the affect on the total area environment. 4. The public area on the north side of th`e point should remain "public" but be intended for use only al a neighborhood.. Lake access facility; it is simply too small for general public usage. The area should be maintained primarily as a "walk-in" facility. A specific site plan for its use, developmpnt, and maintenance should be developed. Parking restrictions and proper signing should -be used to limit use of this public area. 5. The existing commercial recreation use in the northwest portion of the Point Area could eventually be utilized as home sites or as public park area. If utilized as home sites, consid- eration should be given to preservation of the immediate lake shoreland as a public area. If utilized in total fora public park site, this decision should be based upon an evaluation of total Village needs and priorities for parks and care taken not to introduce vehicular traffic into the residential portions Off Red Cedar Point. -3- 6. Building permits should be issued only on the basis of the Red Cedar Point Guide Plan (as may be revised from time -to - time). When requests for building or other permits are made which are not in conformity to the Guide Plan, such permits should be issued only with Village Council approval following due consideration by the Planning Commission and Area residents and land owners. If amendments are then made to the Plan, these should be duly noted on the official copy in order that the Plan be current and up-to-date at all times as a useful document. 7. A strong home owner's or neighborhood association can be most useful in this situation. Among others, matters of concern could be: * Observe and comment upon status of Area Plan as development occurs. * Assisting in proper maintenance of the Area (encourage high property maintenance standards, guard against improper land filling and grading, assist in evaluation of public'area use and maintenance, recommend Plan revisions as deemed desirable, and generally serve to protect and improve the living environment.) 8. Certain lots are below minimum zoning requirements and of less width and/or area than the average of existing devel- opment. In order to maintain a desired density of development the following may be utilized as a guide to issuance of building permits and re -"platting: "Any lot which was held in a single ownership of record as of May, 1973, and which does not meet the requirements of the Zoning Code as to area, width, or other open space, may nevertheless be utilized for single-family de-tached dwelling purposes provided the measurements of such area, width, or open space are all within 70% of that required (percentage may vary)." or "Any combination of platted lots under .a single ownership or any portion of a platted lot combined with another under single ownership shall not be sold or developed for a principle permitted use if such sale or development does not me.et the requirements of this Code; said sale and/or development shall not be permitted except under terms of a variance to the zoning and platting codes." 9. Needed right-of-way for existing and future roads should be provided as development proceeds; in most .cases, such right-of-way should be dedicated by the owner of land being developed. 10. Professional assistance should be secur@d to assist in pre- serving the general ecology of the area (new plantin s, care and treatment of large trees, landscape design, etc.. -4- m 11. Continual review should be given to actual usage of the lakeshore (docks, boat storage, vegetation, views, etc,.) in order to preserve the shoreline in the best possible condition. SUMMARY The Guide Plan is intended to assist in the proper maintenance and development of the Red Cedar Point neighborhood. The Plan should be constantly utilized and reviewed on a periodic basis. Amendments and additions may be made from time -to -time in the light of changing trends and conditions. The Plan should, however, always be maintained in an up-to-date and current fashion to serve as a useful tool for preserving and shaping the desired environment. -5- Z 8I'6 'sLdW `'IS u49E '3 TOTZ ouLp,Aed auep Z 6T`8 -sLdW `'oS •anti U4ti LTLE Lgooep LaeO Z Z UL }o . 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Bogby Rte 1 Box 810, Excelsior Lot 14 Block 2 15,16,17 2 John & K. McLeod Rte 1 Box 809, Excelsior 11 to 13 2 Basil & H. Bastian Rte 1 Box 780, Excelsior 29,30,31 4 6,7,8 3 Stephen & G. Draus Rte 1 Box 779, Excelsior 32 to 34 4 1 to 5,16,17 3 9 to 15 3 J.H. & A. Mayhew 230 Stevens Ave. Apt. 101 Minneapolis E 295' of 1 4 John H. Linner, et al 1137 Medical Artbs Bldg., Mpls. W 25' of 1, 2, and E 1/2 3 4 .John & E. Linner 4616 Moorland Ave. Edina W 1/2 of 3,4 4 Jean & Paul Larson Rte 1 Box 800, Excelsior 5,6 4 Gabriela Proshek Cedarhurst, Rte 3, Wayzata 7 4 Richard & E. Bruzek Rte 2 - 3300 Carmon Rd., Exc. 8 4 Emil & P. Souba 801 East 35th St. Sioux Falls, S.D. 9,10 4 Erik & B. Dondurs Rte 1 Box 796, Excelsior 12 Exc. E 10' of 12,13 4 John & M. Roach Rte 1, Excelsior 14 4 Chas. & A. Anding Rte 1 Box 794, Excelsior 15,16 4 E 10' of 17 2 5 Chester & J. Lobitz Rte 1 Box 790, Excelsior Exc. E 10' of 17,18 4 Dorothy Collins 5615 Lyndale Ave. So., Mpls. 19,20 4 Lora Dale Ebright Rte 1 Box 788, Excelsior 21 4 C.T. Erkson c/o Andrew Jensen Box 277, Excelsior 22 4 David & J. Hempel Rte 1 Box 784, Excelsior 23,24 4 Earl &?A._Lund Rte 1 Box 782, Excelsior 25 4 9,10 5 Page -3- RED CEDAR POINT Name Address Legal John G. Bauman c/o Allen H. Anderson 3717 Zane Ave. N., Mpls. Lot 26 Block 4 Andrew Leland c/o Allen H. Anderson 3717 Zane Ave. N., Mpls. 27,28 Leland Windahl 502 W. Lake Samnamish - Pkwy. Belleview, Wash. 35 John T. Higgin 50 Groveland Terr. Apt. 204, Mpls. 3 to 6,11 Exc. E 5' of 1 Sophie Zielen c/o Mrs. Francis Sikora 1814 4th St. N.E., Mpls. 7,8 x Irene Richardson c/o Kelley C. Ward 3401 Girard Ave. So., flpls. Richard P. Jones 3014 Holmes Ave. So., Mpls. 0 1 2 4 4 5 5 5 6 6 Name Chas. J. Eddan Margaret S. Campbell L. & Chas. Lawson Barbara M. Headla Nancy DeMunn Elmer J. Hunsinger James & M. Leach Bernard & H. Leach Horace & J. Leach Richard & D. Comer James & A. Connor Glen & K. Carlson Louis & G. Zakariasen Wesley & J. Searles Geo. Way Hazel D. Thompson Ned A. Weisser Edward M. Allerman Berton R. Pierce Robert & B. Mann Glen & K. Carlson Ben & L. Lane William & R. Hebert GLENDALE TO STATE HIGHWAY NO. 5 EAST OF COUNTY RD. NO. 15 Address Rte 1 Box 834R, Excelsior 2.53 Rte 1 Box 832, Excelsior Rte 1 Box 828, Excelsior Rte 1 Box 827, Excelsior Rte 1 Box 824, Excelsior Rte 1 Box 822, Excelsior Rte 1 Box 812, Excelsior Rte 1 Box 768A, Excelsior Rte 1 Box 767A, Excelsior Rte 1 Box 772, Excelsior Rte 1 Box 766, Excelsior Rte 1 Box 765A, Excelsior Rte 1 Box 767, Excelsior Rte 1 Box 768B, Excelsior Rte 1 Box 768, Excelsior Rte 1 Box 764, Excelsior Rte 1, Excelsior Rte 1, Excelsior Rte 1 Box 768C, Excelsior Rte 1 Box 765M, Excelsior Rte 1 Box 765A, Excelsior Rte 1, Excelsior Rte 1 Box 764, Excelsior Legal A in S part of Lot 5 5-116-23 1.34 A in S part of Lot 5 5-116-23 N 7.56 A of Lot 6 5-116-23 4.5 A in Lot 6 5-116-23 3.5 A in Lot 6 5-116-23 2 1/2 A, in S 1/2 of Lot 6 5-116-23 7.04 A in Lot 1 8-116-23 .83 A in Lot 1 8-116-23 .83 A in Lot 1 8-116-23 1.76 A in Lot 1 8-116-23 .74 A in Lot 1&3 8-116-23 1.14 A in Lots 1&3 8-116-23 1 A in Lot 1 8-116-23 1.66 A in Lot 1 8-116-23 1 A in Lot 1 8-116-23 1.85 A in Lots 1& 3 8-116-23 6.0 A in Lot 3 8-116 -23 1.05 A in Lot 3 8-116-23 1.0 A in Lots 1 & 3 8-116-23 1.75 A in Lots 1 & 3 8-116-23 .60 A in Lot 3 8-116-23 .76 A in Lot 3 8-116-23 6.27 A in Lot 1 8-116-23 S 100' of parcel containing 3. 55 A in Lots 1& 3 v Page -2- s Name / ®r Lear qt State of Minnesota Glen & K. Carlson Robert & A. Osborne GLENDALE TO STATE HIGHWAY NO. 5 EAST OF COUNTY RD. NO. 15 — Address (Zf , l 80 se i3i Q- kaskc—) 7Rt 1 Box 765A, Excelsior i 1 box `7��, �Ycelsior Legal IAinLot 1 .38 A in Lot 1 8-116-23 1.5 A in Lot 3 8-116-23 RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 2, 1974 t LJ Village Council Village of Chanhassen Chanhassen, MN 55317 Re: Accretions, Lots 2, 3, 4, 5, 6 and 7, Block 4, Red Cedar Point Dear Council Members, Reference is made to the question of the ow shore of Lake Minnewashta north of the 15' the above lots. This question has been dis number of occasions, and has been the sub, particularily the following, copies of which a) Letter of Paul W. Larson, Augu: b) Letter of Village Attorney, Octol c) Letter of Village Attorney, Nove d) Letter of Village Attorney, Nove e) Letter of Attorney General, Octc The specific question presented in this matt Who has the title and right to posse; accretions north of the 15' drive in F Lots 2, 3, 4, 5, 6 and 7, Block 4 ? TELEPHONE 335-9565 From the desk of . . . Iar KAY KLINGELHUTZ VILLAGE CLERK 1113 �0-%A-i� The issue was initially raised by the Red Cedar Point study of May 1973, wherein the map showing existing conditions designated the area in question as "public waterfront with poor access", which was preceded by the planner's preliminary map of April 1972, which bore the notation "keep public but don't encourage mass". This unfortunate choice of language, viz, depicting the area in question as "public", without prior examination of the legal issues involved, created the impression that the accretions north of the drive were public property. As will be noted from Mr. Paul Larson's letter of August 1972, this was immediately challenged by some of the abutting property owners, who have now actively asserted their ownership of these accretions and are pressing for Village recognition of their property rights. It is the opinion of this office, as set out in our report of November 27, 1972, and the cases cited therein, that the title to the 15' drive in front of the Red Cedar Point lots, together with the riparian rights and accretions, is the property of the abutting lot owners, subject only .to the public easement in the 15' drive. Subsequent research and investigation support this position. The plat dedication for Red Cedar Point contains the following language: "The purpose and intent being to convey hereby the entire tract of land lying and projecting into Lake Minnewashta, with all shore rights and riparian rights and priveleges" (emphasis added). The reference to the conveyance of shore and riparian rights was obviously intended to grant all shore and riparian rights to the owners of the shore lands. We are also of the opinion that the public drive dedicated on the plat is limited to 15' in width, notwithstanding that accretions have occurred on its northern boundary. Minnesota Statute 505. 02, concerned with platting, states that "The land shall be surveyed and a plat made setting forth and naming all thoroughfares, showing all public grounds, and giving the dimensions of all lots, thoroughfares and public grounds The width of all thoroughfares shall be shown on the plat. " (emphasis added) We have been informed that some 40 years ago the lake level receded, exposing an expanse of low marshy land surrounding Red Cedar Point. Several of the property owners on the Point then commenced to improve the low land for their use, including filling the marshy areas. We are faced, therefore, with the not unusual situation of natural accretion and artificial fill. If the lakeshore property was once a part of the bed of a navigable lake or stream and is now dry land formed by the natural accession, or recession of the waters, the property belongs to the upland owner as natural accretions to which he is entitled as part of his riparian rights. Schmidt v. Marschel, (1942) 211 Minn. 539, 2 NW 2nd 121; Lamprey v. State, (1893) 52 Minn. 181, 53 NW 1139. Under Minnesota law, so long as he does not interfere with navigation, the upland owner may artificially fill in front of his property, and the land becomes his as if it had accrued by natural accretion, subject only to the paramount public right of navigation. Union Depot St. R.R. & Transfer Co. v. Brunswick, (1893) 31 Minn. 297, 17 NW 626; Miller v. Mendenhall, (1890) 43 Minn. 95, 44 NW 1141; Hanford v. St. Paul & Duluth R.R. Co. , (1890) 43 Minn. 104, 44 NW 1144. In the Brunswick case above noted, the Supreme Court considered the question in a railway condemnation of whether an upland owner need be compensated for land taken which lay beyond the original low water mark on a navigable lake and which was at least in part made by artificial filling. The Court held that since there was no showing the land had been so reclaimed beyond the point of navigability, the reclamation was properly within the upland owner's riparian rights, and the artificially filled land must be included in the condemnation proceedings and the owner properly compensated therefor. To the same effect was the case of State v. Slotnes s , (19 71) 289 Minn. 485, 185 IOW 2nd 530. It should be noted, however, that these cases do not in any way determine the State's power to establish restrictions upon a riparian owner's future improvements or reclamation of a submerged lake bed of navigable waters necessary to the environ- mental interests of the people in public waters. The Attorney General's letter of October 18, 1973, cites the general rule of law, and supports our view, that the fee title, including riparian rights, to the entire street and up to the low water mark is possessed by the owner of a lot fronting upon a street which runs along a shore, but there is a public easement in the street, in this case of 15 feet in width. The abutting property owners are pressing for recognition of their property rights in these accretions, and we are informed that one of them has negotiated a sale of his lot pending delivery of good title to the accretion. An action to register the title to these lands, including the accretions, has or will shortly be instituted naming the Village as one of the defendants because of the reference in the Red Cedar Point study that these lands are "public. " The request has been made that the Village quit claim these lands to the abutting owners in order to spare them additional legal costs in perfecting this aspect of their titles. We are of the opinion, as set out in this memorandum and our previous correspondence, that the Village has no legal interest or claim in the accretions, and we recommend that the Council at the January 7th meeting grant the request of the property owners and authorize the Mayor and Administrator to execute the appropriate quit claim deeds. Ancillary to this action would be the adoption of a resolution vacating the platted portion of Red Cedar Point Drive, the drive now being covered by a public right of way easement which conforms to the actual alighment of the improved road. Russell H. Larson Chanhassen Village Attorney RHL: m Enclosures WARREN SPANNAUS ATTORNEY GENERAL pTF N1VFSv , STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ST. PAUL 55155 October 18, 1973 Russell H. Larson, Esq. Attorney for Village of.Chanhassen 1900 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Larson: In your letter of October 8 to Attorney General Warren Spannaus, you request an opinion relating to title to and interest in lakeside land accretions north of a certain 15 drive at the edge of Lake Minnewashta in Chanhassen. A general rule is stated in Wait v. May, 48 Minn. 453, 51 N.W. 471 (1892) that the fee title, including,,riparian rights, to the entire street and up to the low water mark is possessed by the owner of a lot fronting upon a street which runs along a shore, but that there is a public easement in the street. See also Lamprey v. American Hoist & Derrick Co., 197 Minn. 112, 266 N.W. 434 1936). This rule appears to be present law. I cannot say, however, that the rule would be applicable in all cases. For example, a court might possibly view the fact that the accretion was man made as significant in certain cases. The significance, if any, may depend primarily upon the particular facts of the case, and this office traditionally does not make factual determinations. See Ops. Atty. Gen. 12la-6, April 12, 1948, 63a-11, May 10, 1955 and 629, July 25, 1973. Cases which may be compared to follow the development of the law in this area, as different factual circumstances arose, are Brisbine v. St. Paul & Sioux City R.R. Co., 23 Minn. 114 (1876)',.In re Robbins, 34 Minn. 99, 24 N.W. 356 (1885), Wait v. Ma (1892), supra., and Lamprey v. American Hoist & Derrick Co. 1936), supra. In addition, the question of title to and various types of interest in real estate has traditionally been determined by the courts, and indeed, this can be the only final, effective way in which to make such a determination. Moreover, a delineation 1*C:NP(a r i Russell H. Larson, Esq. - 2 October 18, 1973 of all of one party's rights or interests in certain lands is almost impossible, as witnessed by the fact that neither the courts nor this office undertakes to make such delineations. i For these reasons, we must refrain from rendering an opinion on the questions -you present. # Very truly yours, f THOMAS G. MATTSON Assistant Attorney General TGM:bw i r' Movorabor 27,, 1972 villages Council V111eg0 of C nhasscn Wha.ssen, V4144030ta SS317 .ccratis Lots 2, 3, 4, So band 7. Block 4, Red radar Point Dour Cecil Umml)�, You will recall, my earlier c=oap danca with you slating to tite problem of t.se accrations of land at ti-o shore of Lake MUnne ashta norta of the 1'• tirivv's $A lest Cedar Point. The specific quarasticn pr; soAted to as follows: Wa o has fee tit£n t4 laud accroticns north of Uto driivo in Red Cedor. Point opposite Cats 2, 3, 4. S, 6 and 7, Block 4? TAo 11innejoto Supremo Court dealt It?4 tua question In AV� jt y May, (1892) 4G; Minn. 4153, 61 NA' 471. Tie* Vvalt case Involvad a Mat of ;land bordering Lake Minnetonka. A street was platted and dadicatod alaaV tiia margin of the lake, and l.ota waro platted franting on t» t atxeat, with tk;e at aet inte:rv►anin betweart ttie loils fond Ua, lake. The questW-1 parole—atad w0a whatnor a lot o��ncr,. tlio subzaq ent grant` o by dead of one of these lots 0 teak. In connection. therm N WWi Via fee title to Wo w:C.I.FA'* of trio streat in from of sals lot, with rii arlan r# al4s; incident to owneraMp of a lot bordering on the lake. The Court sld teaat such fee to the 01211ra Arent ,in front Of .t lot+ With WO riparian 69tits, passed 3ry Uka daad of the lot to uao owner. In 1936 tao Minnesota Su;yrarao Court dnctdad the case. of Lmr-rem. u± erican foist 4nd Derrick Co., 197 NIinn. 112, 266 MV 434. 'lW* case involved accretIOUS in 0=038 Of 100 foot between the Waxiss.ippi River &ad a platted street in St.. Paul. Ua Court d ided tbat wAm land is platted wItA a river as villags council November 27, 1972 *no *f tim bound?arias o; the plat, and only a: dodicated street on such P14t intor- vones betwoea tea .plated Iota fronting on tue sueet ;and the river, the c vdyanc a by tiro propriators 0 Wild platted t4* land, of tha lots so fronting on rho $treat carries te-e !ao Utle to t�ia ontire street In front of the IOU # 4nd the riparlaA ricats attecliod to the. lots, subj ct to Wo public easamerA in the strost. Based cn Ula fomjolbg decisions, it is ray conclusion tat uW fee tall to tbo entire IS" driva In front of the Red Cadar `w rit ?scats. with the r parlan rights ara4 Czar accretions, iu owned by Vie respective lot aw aars, subject to t4a public casement in th* 151 drive. In my latter of October 31st I stated that we can ant.iciiaste t t the owners of taiaza .lots will request t4a Village to maka €a char fuotion w4athar it bag a.%Y cWm to too property nartU of tale 150 drive. In vier of the tiscisirs ;la, th* 10;z' it ci L&F ro ` Cases, 1 do not bslieva tint. t Vtil"s uas any 1 aI basis for making Wall to the Accr uovns. Apart from, t«-ta icy of any valid claim on We p"t of the Village to C sa accratioms, it is my vlew that tbza 1,noparty owners do have a title problom to asUb.lts4inq recce ownor,34 p to tea accrations, and this P-Mblem should ba datanpiraed trough Judicial 4chon. I do not believe W01 tha «Utte problem would be solved by kavinq the Village ex uta quit claim des of the Occrations in favor of tho abutting propartr ownors, but this is a question wbicia will have to be ranolved by to property ow aors' *ttorney. we ero .Prosowly awaiung Pubuc riga-crf-woy and sc or and. wator .easomeat d .criin.tions in taxis ores, and whon tress ,are made available to its we will convact we attorney in an effort to got Uwsa easamonts wimwa east to V1113q8. You W- W bo kept 44vicad of davolopmeau., mil• b -'J very truly you ra,. i ssell ii. Lars Chanhassen Village Attonwy° over 0. 1972 Village Council Village of Chanhassen ftd Color Point Ac=*Uon att" aar Council Members: By w y of jollav-up to my lattor of Octal r 31st toucUing on tba problem of occr tions north of tine IS" drive in Red L ear,"Point, I have now bean advised ttAat * following. are .tom descripU=3 &ad OWAM of th* PxaPMUGS iA Black 4 lavolvod in this xnatten 1) Writ 25 foot of tot 1, and all of Lots Z , and 4 owned by Dr. jahA S. UAnOr Ond UMUY. 2) Lets 6 and 6 owned bX Paul W'. LUS . ) Lit 7 owaod by i umir Prosbak. l,s Lot 7 Nvili be i4volvod In tho ca.1, struction of tao turn -around an We 401 driva, we .way be in a good positfvs to negotiate for the acquisitlow of e ou,1rs, land for t. a purpose and tho sanituyswevor and water cazame= as a. part of roaolvin2 taw land *.ccraUors problem posed by these land, Own4ra t Very UUky, 'yes. RU&Sel1 H4. Larson C60abasuen VU. lave Attom' pi1t.b October 31, 1972 village C"noil Village of "nhassez han"zson, JZAlw000ta $5 17 Lots 2, 3, 4 and f Mock 4,. Red "orfiat Door Council Mom rs, ,"Iy purpose 3u writing to you 04 tile abova oubject 14 to alert you to a situation v bW.h lass devolopad ragardi%[ theso lot$ WbWla 6%t 04 t- drive highUghted In yellow on U1,10 attached plat. .h�A .Qd ed4r t 0irat Wjjs Pl'Utt.ed .ja '1913, try n� iiuQ of tato 4ri.V was the shoroliner of lake Minuewa.ssita, witA. the wtdth of, the drive *14VAM to ba. IS foot, Since -twat tfvmo, thmu41a Datural orman-made accretions, the shoroline Las ruccd4d to the north leaving s tract of land GaIgnIlghted in red) botwoon t4a north 3n of trio Platted drive and the shore of Uske Min-nowashta. Ue vvnera of tiwse lots are represented by Attorney Norm Nowhall, woo 4az bean in touch with me coaacemJng the quosti.on of wlio hats UUQ to the 4ccrotad i nd nortl3 of the driv e. It appears that sorrel of Ms clients yore attempting W sell tcauir proporty and It is d icuit or Us - Possible for trtsm to doso without resolving ownership of bw land for od by the ibccrottdns. is victwor izaitially ze a to trw landow ew stun ou wougu the red Cradsr Faint study of xii 1972 by Dosign Planning Assoclatic4s Inc, which .coo -wed this area as public waterfront wltl: iho recommendaUon that it bo kept Public *,giant U Ouraviop Maas use$ Wuaga council 'T.4,4 Sper-ific- qtjosttoxt Presonted in W110tAor the land aort4 of tao row acc-rues to t46;4 4-LY4WVk2 lot owaor r watt, 0i taw road. It IS M-r- NOWU a pc�sj,Uoa coat a4* abuttino 0,.*M*r as Utle to tile --,ACCrqU0,*S 4, 4-.-W Viatt" PUWIC Mao no interest thurain. lija doaa rxknowledoa that the dXWO Is pidbUr, but 00Y thO Qxtsnt Of Its 1$-'*0t wldt*%* owoera w we can AnUCIPata U14t U110 ,.III requost ths Village to make a detarminzition whather it 4a Is S Clain to this property north of tip drivo, and wuothpr it wOU14 bO willing W 6"Outo 44ult claim doods to this projwfty runrlaq in fay of tuo abuttin property owners *a th* souttv. U tale matter cannot boo �ndlad in that =WmOro W10 may aAUCIP*t* tAat 1.1or, Now.-,aU will recolumend o judic-W 40t6VAIU6U0A of tItIO, probably throaga 0 144d rOVISUM104-A PVOCOedinq- V,`G j!T0 pre4ently *WdVj-,,jg t.,jis problem. In MY 01"WO an4 I hOPO S;-AorUy to 4;t P % ,- '1110 to fUrn,SA, you wit our 10g,01 0gulon on the Isstjo, In U rstar suggost ttiat Vir. Tessamas advise t4a park -jwcraaUork this problemi 4m gandlr4 u COPY Of UAS lettor to 0C.IWOU tozed Vi-Su U;Iat fjtVk of tr4 problem &S it relates t* 0"004TA acquisitiono very truly yours. Rua"11 H. 14tson C.4&ahab,00A VJIUQO 4AUMOY '4U111) rnclosure cc yq11jam grazinsky 0 M 1.1re Dan Herbst Chairman Cl I-Sson Vil 100-10 Planning committee 7305 Frontier Terrace Dear Ur, Herbsts Box 800 Rte, I Excelsior 553.31 "Yokir attention is called to a technical but rather se�6411L-60611�-O erww aosociated iu:Lth notations contained in the topoarapMQ shetchoo of Red Cadqr Poiai, recently distributed to some of the Red Cedar Point corajoun-Lity. The errors appear -in tho "Prelirainary" and "for discussion only" sketches as d.voloped by DesiC,n Associates, ine. of Miraieapolis, labelled, rOOPGCtively, E-tqt9np Cordi-HUhn-o- AlPf'r-infjrka Winin"4 11 lah 0 no J;&4- rgi io Rroommondod nnj,�i& Guldog both(NCOWTTIL r ol, o, r r c. d to are reia-v;ed fo the shoreline forming the northern, Section 4 of the Red Cedar bOtindallies of loto 2 through 7 in Poil'it plat as drafted by Benjamia A Pkatt and approved by ti 10. Carver County Board on August 1913. , *Tlao notation and the dirodtion al. lines as dravin.by Design -46ociates imply thdt the 40 foot public property 'runriinZ Ch anel -iouth as a PI*QJec iOn of lot 8 In Section 4 d turn;ast (in their proposal) and continue some 240 foot E tho shore and include riparian property which has been and used by the respective owners of lots 2 through Or Ovor 2orty yoars. This property has been formed, in part 0 the result of fill or Intended to protect the if foot Miva jindicaled In the PlQtq a driveway for which property 0. nOrS haveQ rele, ea, "Ob rights to provide reasonable &CcOz� to Cho. six piecos of affected proPerty., In addition `+� the fill mentioned above there has been increased exposed as! the result of driveway meandering and as the 00n5GquOnCG Of 10wer lake levels as experienced in more recent you knot-79 the Principle of ripariau rights extends shore line lots to a theoretical point in mid -lake waters and do Provide for arbitrary extensiong laterallyg of djo i a in Uz Ownership whether public or private. It Is suggested that the symbols attached to the above citqd mtations be correctly drawn to the end that the terminal of diroctional lines be properly located In the forty foot immediately north of lot 8 in Section 4 of the Ptod, Coaar Point ,-)lat. o '39 /Y r P S. I J=dei-stand you will be receiving similar communications from Other affected property owAera, A41ph Tconaeopq Village 'Adrdniotrator V RussELL H. LAIRS -ON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335 - 9565 rtober 23, 1973 Village Council Box 147 Chanhassen, MN 55317 Re: Accretions, Red Cedar Point Dear Council Members, Attached please find a copy of a letter dated October 18, 1973, to me from the office of the Attorney General wherein his office declines to render an opinion on the question of accretions presented by my request of October 8th, a copy of which is also attached. We are giving this matter futher study and will have a report for you by the next council meeting. RHL:m Enclosures yours , Russell H. Larson Chanhassen Village Attorney WARREN SPANNAUS ATTORNEY GENERAL STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ST. PAUL 55155 October 18, 1973 Russell H. Larson, Esq. Attorney for Village of.Chanhassen 1900 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Larson: In your letter of October 8 to Attorney General Warren Spannaus, you request an opinion relating to title to and interest in lakeside land accretions north of a certain 15 drive at the edge of Lake Minnewashta in Chanhassen. A general rule is stated in Wait v. May, 48 Minn. 453, 51 N.W. 471 (1892) that the fee title, including riparian rights, to the entire street and up to the low water mark is possessed by the owner of a lot fronting upon a street which runs along a shore, but that there is a public easement in the street. See also Lamprey v. American Hoist & Derrick Co., 197 Minn. 112, 266 N.W. 434 (1936). This rule appears to be present law. I cannot say, however, that the rule would be applicable in all cases. For example, a court might possibly view the fact that the accretion was man- made as significant in certain cases. The significance, if any, may depend primarily upon the particular facts of the case, and this office traditionally does not make factual determinations. See Ops. Atty. Gen. 12la-6, April 12, 1948, 63a-11, May 10,.1955 and 629, July 25, 1973. Cases which may be compared to follow the development of the law in this area, as different factual circumstances arose, are Brisbine v. St. Paul & Sioux City R.R. Co., 23 Minn. 114 (1876),.In re Robbins, 34 Minn. 99, 24 N.W. 356 (1885), Wait v. Mav (1892), supra, and Lamprey v. American Hoist & Derrick Co. 1936), supra. In addition, the question of title to and various types of interest in real estate has traditionally been determined by the courts, and indeed, this can be the only final, effective way in which to make such a determination. Moreover, a delineation 0 Russell H. Larson, Esq. - 2 October 18, 1973 of all of one party's rights or interests in certain lands is almost impossible, as witnessed by the fact that neither the courts nor this office undertakes to make such delineations. For these reasons, we must refrain from rendering an opinion on the questions you present. Very truly yours, el THOMAS G . AlATTSON Assistant Attorney General TGM:bw October 8, 1973 pion. Warren Spannaus Attorney General Stata of Minnesota 5-16-ate Capitol St. Paul, Minnesota Re: Lake Minnewashta Shoreline Accretions Tillage of Chanhassen Dz,ar Sir, Reference is made to shoreline accretions at Lake Minnewashta which lies wholly within the Village of Chanhassen. On August 30, 1913, the plat of Red Cedar Point Lake Minnewashta was filed for record in the office of the Register of Deeds for Carver County, Minnesota. A copy of t.'ia plat as filed is attached hereto as Exhibit A. The plat shows a "Drive" (highlighted in yellow on Exhibit A) designated to be 15 feet wide, the north line O.Z which appears to be the shoreline of Lake Minnewashta. Sinca the recording of the plat, through natural and man-made accretions, the shoreline of the lake has receded to the north leaving a tract of land between the north line of the platted drive and the present shoreline of Lake Minnewashta. The accretions north of the 15 foot "Drive" are shown in red on the attached Exhibit B, which is a recent county half -section map showing the area in question. A planning study by the Village of Chanhassen has recommended the utilization of the accrated lands as public waterfront, based on the assumption that the accretions are public property since they abut the platted drive. The owners of platted lots 2, 3, 4, 5, 6 and 7, Block 4, abutting the drive on the south have claimed ownership of the accretions on the authority of Lamorey v. American Hoist & Derrick Co. (1936) 197 Minn. 112, 256NW434 and Wait v May (1892) 48 Minn. 453, 5lnV471. See "`' also Patton on Titles, Chapter 6, Sec. 301. Y l-Ion, Warren Spannaus Page 2 October 8, 1973 The dedication appearing on the plat states, "The purpose and intention being to covey hereby the entire tract of land lying and projecting into Lake Minnewasrta, with all Shore rights and privileges"'. The dedication continues with the statement, "we hereby donate and dedicate to the public use forever all the Roads, Drives and Place as hereon shown". The questions presented for your opinion are as follows: 1. Who has title to the land accretions north of the "Drive" in the plat of Red Cedar Point Lake Minnewashta? 2. Does the Village of Chanhassen have any right, title, or interest in the accretions lying north of the 15 foot "Drive"? Roux early opinion on these questions will be greatly appreciated. Very truly yours, Russell H. Larson Chanhassen Village Attorney RHL:m Enclosures: Exhibits A and B DEVELOPMENT GUIDE Red Cedar Point Area of the Village of Chanhassen, Minnesota Prepared by: The Village Planning Commission with guidance and assistance from residents and property owners and Design Planning Associates, Inc., Planning Consultants May, 1973 BACKGROUND It was considered an opportune time to plan for the future environment of Red Cedar Point as the extension of utilities into the area was considered. Such planning was considered necessary due to a number of problems noted in the neighborhood: 1. Very narrow streets. 2. Platted streets which serve no real purpose. 3. Irregular and varying sized building lots. 4. Small public Lake access points and areas. 5. Improper road intersections. 6. No plan for future subdivision or re -subdivision of larger parcels. 7. Some instances of poor site maintenance and exterior storage and dumping. A variety of problems and situations indicated the need to consider how best the area might be improved and further devel- oped for the future enjoyment of the residents. As a result, the Planning Commission developed a preliminary plan fpr the area and various alternatives were discussed with residents and property owners. Public meetings have been held concerning both utility improveme and general improvements. Considerable assistance has been. provided by area residents voicing their opinions and suggesti As a result of such studies, discussions, and public meetings a general development plan has evolved and is presented in tr report. RED CEDAR POINT DEVELOPMENT GUIDE As prepared, the plan is a "guide" to proper maintenance and development of the Red Cedar Point Area. It is considered as a more specific part of the Comprehensive Municipal (Village) Plan. Based upon a study of area conditions and apparent desires of residents and land owners, the following plan elements have been developed: 1. The plan is intended as a guide to proper maintenance and development of remaining vacant land. Except for the utility easements and installations, many parts of the plan can remain somewhat flexible and be amended from time -to -time as conditions warrant. Later, it may be desirable to consider an "official map" which would be less flexible and designate precise and final street alignments, public areas, and other features. At this time, it is believed that flexibility is more desirable but that the plan be used constantly as a guide to subdivision, re -subdivision, and issuance of building permits. -1- 2. A guide has been prepared indicating future streets and streets which might be vacated; comments are as follows: a) Kirkheim Road (North of Hickory) * Retain this road easement for use by local residents only; it is considered too small for general public use. * Combine with potential public park land to the west if and when acquired by the Village. * Vacate only if it proves to be a problem (public nuisances such as over -utilization, noise, congestion, street parking, trash collector, etc.). * The area should at all times be well -maintained; preferrably by local users (Home Owners Association or Neighborhood Association). b) Hancock Place * This street may be vacated as serving no public purpose. c) Hickory * This narrow road should be made as safe and passable as possible under the limitations set by narrow width and topography. * If problems appear, this street should be made one-way with the direction set with assistance from a Traffic Engineer. d) Kirkheim Road (South of South Cedar) * Treat in a manner similar to that north of Hickory except that there is no expanded public park potential here. e) Red Cedar Point Road * As a public road, this should be properly terminated with a turn -around at the public area on the north side of the point. It should be signed as a "dead end" road with restricted parking in the vicinity of the public shoreland site. f) Kirkheim Road (between South Cedar and Red Cedar Point Road) * This may be vacated as not being needed for road or utility easements. Such vacation should not, however, take place until actual development trends are more defined and such potential uses as a pedestrian trail, surface water drainage, and the like have been discarded. g) New Streets * Potential new streets alignments have been indicated based upon relationship to utility easement needs, future re -subdivision for additional lot development, and area access and circulation. -2- * Such new street alignments can be somewhat flexible until development trends become more clear although the alignments will become more "fixed" as individual development requests are made and approved based upon use of the area development guide. h) Hickory * This road should be extended west to County Road No. 15 if a need is demonstrated for future change in private use (housing). Such a street extension is not needed if the land remains in its present use or becomes a public park at a later date. i) General * All roads should be improved for safety (paved, adequate width, curbing where needed for proper drainage, and the like). It is not, however, considered necessary to construct or reconstruct roads to a standard cross-section (width) standard employed in new areas of the Village. The somewhat narrow and confining nature of the street system at Red Cedar Point is characteristic of the environment and may be preserved consistent with safety and winter travel needs. 3. A "guide" has been developed for the potential re -subdivision of larger land parcels and the use of certain small parcels with all such parcels being suitable for placement of a housing structure. Such a guide is necessary since some parcels are considered too small for suitable development and many of the larger parcels cannot be properly sub- divided except by cooperation and coordination with adjacen land owners and future street plans. What is indicated on the plan is intended as a guide to be followed with changes in the plan possible when it is demonstrated that plan revisions are equal to or better than that currently indicated At all times, however, a comprehensive view should be taken at the affect on the total area environment. 4. The area on the north side of the point should be for use only as a neighborhood Lake access facility; it is simply too small for general public usage. The area should be maintained primarily as a "walk-in" facility. A specific site plan for its use, develop- ment, and maintenance should be developed. Parking restrictions and proper signing should be used to limit use of this area. 5. The existing commercial recreation use in the northwest portion of the'Point Area could eventually be utilized as home sites or as public park area. If utilized as home sites, consid- eration should be given to preservation of the immediate lake shoreland as a public area. If utilized in total for a public park site, this decision should be based upon an evaluation of total Village needs and priorities for parks and care taken not to introduce vehicular traffic into the residential portions of Red Cedar Point. -3- 6. Building permits should be issued only on the basis of the Red Cedar Point Guide Plan (as may be revised from time -to - time). When requests for building or other permits are made which are not in conformity to the Guide Plan, such permits should be issued only with Village Council approval following due consideration by the Planning Commission and Area residents and land owners. If amendments are then made to the Plan, these should be duly noted on the official copy in order that the Plan be current and up-to-date at all times as a useful document. 7. A strong home owner's or neighborhood association can be most useful in this situation. Among others, matters of concern could be: * Observe and comment upon status occurs. * Assisting in proper maintenance property maintenance standards, filling and grading, assist in use and maintenance, recommend desirable, and generally serve living environment.) of Area Plan as development of the Area (encourage high guard against improper land evaluation of public area Plan revisions as deemed to protect and improve the 8. Certain lots are below minimum zoning requirements and of less width and/or area than the average of existing devel- opment. In order to maintain a desired density of development the following may be utilized as a guide to issuance of building permits and re -platting: "Any lot which was held in a single ownership of record as of May, 1973, and which does not meet the requirements, of the Zoning Code as to area, width, or other open space, may nevertheless be utilized for single-family detached dwelling purposes provided the measurements of such area, width, or open space are all within 70% of that required (percentage may vary).' or "Any combination of platted lots under a single ownership or any portion of a platted lot combined with another under single ownership shall not be sold or developed for a principle permitted use if such sale or development does not meet the requirements of this Code; said sale and/or development shall not be permitted except under terms of a variance to the zoning and platting codes." 9. Needed right-of-way for existing and future roads should be provided as development proceeds; in most cases, such right-of-way should be dedicated by the owner of land being developed. 10. Professional assistance should be secured to assist in pre- serving the general ecology of the area (new plantin s, care and treatment of large trees, landscape design, etc.. -4- 11. Continual review should be given to actual usage of the lakeshore (docks, boat storage, vegetation, views, etc.) in order to preserve the shoreline in the best possible condition. SUMMARY The Guide Plan is intended to and development of the Red Ce should be constantly utilized Amendments and additions may light of changing trends and however, always be maintained fashion to serve as a useful the desired environment. assist in the proper maintenance dar Point neighborhood. The Plan and reviewed on a periodic basis. be made from time -to -time in the conditions. The Plan should, in an up-to-date and current tool for preserving and shaping -5- ME J H Z W O G. 2 z W o to Q ae S c 0 W Z co Q S p C.0 a r January 24, 1973 TO: All Residents and Property (timers of Red Cedar Point There will be a Rad Cedar Point informational meet1mg on Thursday evening, February 1, 1973 at S : as p.m. in the Chanhassen Village Hall, to explain the Sewer and eater final Plan. You are all invited to attend and participate. 0.17 Adolph Tessness Clerk -Administrator f RTTSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST N_&TIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 November 9, 1972 Village Council Village of Chanhassen Chanhassen, Minnesota 55317 Re: Red Cedar Point Accretion Matter Dear Council Members: TELEPHONE 335-9365 By way of follow-up to my letter of October 31st touching on the problem of accretions north of the 15' drive in Red Cedar: Point, I have now been advised that the following are the descriptions and owners of the properties in Block 4 involved in this matter: 1) West 25 feet of Lot 1, and all of Lots 2, 3 and 4 owned by Dr. John H. Linner and family. 2) Lots 5 and 6 owned by Paul W. Larson. 3) Lot 7 owned by Lumir Proshek. As Lot 7 will be involved in the construction of the turn -around on the 40' drive, we may be in a good position to negotiate for the acquisition:_. of enough land for this purpose and the sanitary sewer and water easements as a part of resolving the land accretion problem posed by these land owners. (: il4r Russell H. Larson Chanhassen Village Attorney �� RHL:b �.�16 Z' IV 175 71 cc Wm. Brezinsky Nov. All Council Members CII' F��`--•� G C: ti 3) 4F October 105 197 -C TO*. Manhass-fin Planning Commission SST; Red Cedar Point Committee Meeting The Red Cedar Point meeting was called to order at 7030 p.m. on Wednesday, august 23, 1972, Committee Members Present .. C NZM . W."I'j e e All a ill g Dan Herbst F_'. &Mrs. D.C. Prillaman Steve Wolf Committee Members Absent Tom mohn h1eveaux Leis Zakariasen In reviewing the Planner's .deport and Engineer's Report from the previous meeting held. on July 12, 1972 there appeared to be very unanimous consensus to the following items affecting the planning of Red Cedar Point a. 'vacate Kirkheim Road from Hickory south to South Cedar. To leave Kirkheim as a dedicated easement north of Hickory and south of South Cedar to be used for access to the lake by residents only. b. Vacating of Hancock Place from its diagonal in.tersee.ion from Juniper 'to Red Cedar Point Road. c. The residents present were interested in making Hickory a one- way street from Red Cedar Point Road to Juniper. d. To placgt, at the triangular intersection of Red Cedar 'Point Read, Stauth Cedar, and Hickory, a sign clearly indicating that from that interchange easterly Red Cedar Road is a dead-end street aid that that road would be rased for residents only. e. The effected property o rers in parcels numbered 224, 2231, 222 and 221 on the plat raised objection to the indication of the accreted -land north of the 15 foot vehicular easement through these Iota. Because the ownership of t%is land north of the road is under , uesti.on it appears a.pproi riate that this n t be indi.ca•-ed as public la-n but that it be treated as pr3.vate land The extent of the use of this land from a practical point of view should be retained as it is now with an intra-neighborhood informal agreement. f. Hickory should be dezotgno.ted a. one-way t;treet from the Red Cedar Point Road to Juniper. The flow of traffic should be in a northwesterly direction. The residents on that street are verb: concerned about keeping the character a!%d size of the street as it is now with some ninon improvements :nly after the installa- tion of utilities. The two residents most concerned with the Ked Cedar Point Co ,, ittae Meeting August 230 1972 Page Two s,itilities, hr. Ferry Simonson and Edward pater5cn, .Xre ve,;,IF interested in having tho utilities for their -.0" Lden es Inerveel off Red Cedar Point Road. Thin ► ould possibly occur her rz?rtrin some easements northeasterly from the intersr ct.fon. of Junip"Pi' r and Red Cedar Point Road directly to their rezlviayrfces � Xt would, therefore t not be necessary to install utilities on. Hickovy. . g, The residents indicated some concern with tha enistinrl m01h,11c home near the intersection of Kirkhaim and Sonth C dar Road. :qumma= and Di-x4ection .Yl.il�a0.1YNY�1��i. YIR.!{®i\"r1..Y�YrO¢liaiAei�lfY A general discussion was meld on the timing of the utilities and the costa. The residents are extremely concerned about :he costs involved in installing these utilities and are alsc vo.sr%y !-'—Oncerned that installation does not disturb the Interesting chtractar. of th4 land. The residents were inf'oxcod that the pro f ecat woaild be sub- mitted for bidding and when the assessment method had, ;Caen detexm fixed assessment hearings would be conducted. The rezideiats should ile kept informed on a continuous basis of the progress of -che biddin.S m sssecamtnt he&rLagsm and coatstruction scheduling. Adjournment-. Tht Red Cedar Point Meeting was adjf.-aarrAsd at 9:OO p.m, RESIDENTS PRESENT at Red Cedar Point Meeting August 2 3 s 1972 f mr. & • mrs . C.D. Prillaman Buck Andi.ng Chet Lobitz W, E. Hilbert Gerald W. Simonson Richard H . Comer J H . Mayhew Roy Leach Basil 6 Helen Bastian Averil Lund Louis Parsons Mr. 6 Mrs. Joseph W. Christy Mr. and Mrs. Leo Rask mr. 6 tars. Alfred W. Smith C. E. Peterson Marvin S Simone York Edward M. Al.l.erman Route 11 Box 803, Excelsior Box 794 t Route 1. Excelsior Route 1, Box 7909 Excelsior jkou-te 1, Brix 764, Excelsior 5813 Jeff Flacc, Edina Route 1, Sox 772, Excelsior Route lq Box 81.29 Excelsior Route 1, Box 780v Excelsior Route 1$ Box 782, Excelsior Route 12 'Box 776 p Excelsior 2365 Sherwood Road, Hpls. 1385 Cohansey St.% St. Paul 3204 Jersey Avenue So. v St. Louis 'ark 221.9 Artlbur St. N.E. Route 11, Box 77 8 , Excel ai.or Route 1, Box 7711, Excelsior D CEDAR POINT MMING August 23, 1972 h erbst - Chairman 'tom Gabber t (Planning Cowmissiari) %Iobn Yeveaux C Cha irman, Planning Comni$Zian) Steve Wolf (Councilulan) ml a Zakariase (Resident) jb�. s D C. Prillaman (Rewidents Mr. Fire. Charles Anding (Residents) AGENDA Pay. iev. report of meaTing - Jmy 12, 191 . 1 Resident feedback on Planners and ginsers report 11 I iscussion on, Lots 7-7 A Section 4 'XV. Arrive at basis for decisions t� Box $00 Rte v� a Excelsior, `'nnes to 55331 Tyr. Dan Herbst, Chairman, FZFC;s D Chanhassen Village Planning Committee VILLAGE OF 7305 Frontier Terrace CI{ANHASSEN, Chanhassen, Minnesota 55317 Dear Mr. Herbst: Your attention is called to a technical but rather serious error associated with notations contained in the topographic sketches of Red Cedar Point recently distributed to some members of the Red Cedar Point community. The errors appear in the "Preliminary" and "For Discussion Only" sketches as developed by Design Associates Inc. of Minneapolis labelled, Existing Conditions Affecting Planning, and, Recommended Planningid _Gue, and dated April 1972. The notations referred to are related to the shoreline forming the northern boundaries of lots 2 through 7 in Sectioant4 of the Red Cedar Point plat as drafted by Benjamin A. and approved by the Carver County Board on .August 307 1913. The notation and directional lines as drawn by Design Associates imply that the 40 foot public property running north and south as a projection of lot 8 in Section 4 would turn East (in their proposal) and continue some 240 f®et along the shore and include riparian property which has been developed and used by,the..respective owners of lots 2 through, i or ever i �cty year:i• ....This;, property , hr deer formed in part as the''. result . of fill orl.�inally intaedxivewayto protec t the V foot drive indicated in the plat, which property owners have released easement rights to pro vide reasonable access•to'the.six pieces of affected property, In addition to the -fill Mentioned above.there has been in»', creased exposed shoreline as the result of driveway meandering ; and as ;the' consequence, of ,loser ,lake levels as experienc^�d 4. , in more ,recent years, � sr` th i cipla off' j1parian 'rights ' extends shore As y©u, osfa :.pr linelots to s:'theoret�:ca7� point in midmlake waters and do,F' not provide:.i'or arbitrary extension, laterally, of adjoiang" property ownership whether public or private. S'. W®'suggest that they.symbols attached to the above cited. 'tothe'..end that, the terminal# e`correctly.drasn notations of the �l xectional•11a be properZy'`locted-;in the 40 Root ediately north of :lot 8 in Section 4 of Red t' ` Wide'. area imM 1 Cedar' Point- .Sincer0l. Y yours, sal.. W.- Linner Paul W. , 'Larson Qhn 2. xinnor, P Melba g.olstad Carol Erh s Lmlir C. Proshek ;.. a .A,daihistrator s ; Adolph,TessnessV�ag ; t" Box 800 Rte. 1. Excelsior) minnesota 55331 Mr. Dan Herbst, Chairman, Chanhassen Village Planning Committee 7305 Frontier Terrace Chanhassen, Minnesota 55317 Dear Mr. Herbst: Your attention is called to a technical but rather serious error associated with notations contained in the topographic sketches of Red Cedar Point recently distributed to some members of the Red Cedar Point community. The errors appear in the "Preliminary" and "For Discussion Only" sketches as developed by Design Associates Inc. of SUnneapolis labelled, Existing Conditions Affecting PlannjpEj and, Recommended Planning Guide, d and dateApril 1972. The notations referred to are related to the shoreline forming the northern boundaries of lots 2 through 7 in Section 4 of the Red Cedar rPoint plat bthe CarversCountyed by BoardBonjamin August.30,att 1913• and approved The notation and directional lines as drawn by Design Associates imply that the 40 foot public property running north and south as a projection of lot 8 in Section 4 Would turn East (in their proposal) and continue some 240 feet along the shore and include riparian property which has been developed and used by the respective owners of lots 2-through f of ov4^ �:,�.ty years, This property .hn -been formed. in part as ,the. result of fill originally intended ,o protect .: the �5 foot drive indicated in the platy a driveway for ro- which property owners have relesisedieceeassmof affent ectedtproperty. :. vide reasonable access to th p 1n addition to the fill mentioned above there has been in- creased exposed shoreline as the result of driveway meandering and as .the epnsequence of lower lake leve:ls.as experienced in more recealt years: As you know, the principle of riparian.rights extends shore line lots to a theoretical point in mid -lake Raters and do not provide for arbitrary extension$ laterally, of adjoining property ownership whether public or private. We suggest that the'symbols attached to the above cited notations be correctly drawn to the eloctedtithe te40ifoot of the.diredtional lines be properly , widearea immediately north of lot 8 in ODection 4 of Red Cedar Point. Sincerely yours, Paul W. Larson Melba Kolstad John 11. Linner Carol Erb Paul W. Linner cc: Adolph Tessness, Village Administrator Lumir C. Proshek mamE�i�i�,m"" . a r :ett+'� z-F1' ' - Box 800Rte, 1. Excelsior Minnesota I 55331 mr. Dan Herbst, Chairman ,'' Chanhassen Village ,Plannin' g Committee 7305 Frontier Terrace': Chanhassen, Minnesota 55317 . f ; Dear Mr. Herbst: Your attention is called to a technical but rather serious error associated with notations contained in the,topographic sketches ofL.Red Cedar Point recently. distributed_ ' o:,some members of,the . Red Cedar . Point community, The errors. appear in", ,the !Preliminary", and "For . Discussion . { Only" sketches as developed • by Design Associates, Inc.. -of R.nneap©li$ labelled, Existing Conditions A.ffectinE Plannin�� ands Recommended_ PlanningGuide, and. dated .April. 1972.: The notations referred to are related to the shoreline forming, the northern boundaries of lots 2 through r in Section 4 of, the Red Cedar;Point plat as drafted by Benjamin A* Pratt and approved ,by., the Carver County, Board on. ,August, 30, 1913. The notation and directional li,nes'.ns drawn by Design Associates imply that the 40 loot public property running north and sorth as.a projection`of lot 8 in Section 4 would turn East (ins their proposal) and continue some 240 feet along the shore and include riparian property which has been developed and used by -the respective owners of lots 2 thr.ough 7 Fnr nvAr fn+rty years.: This. Dronerty has •been formed,: in part as "the .result- of -fill origiiaaily. intended to protect the 15 foot drive indicated in. the plat: a driveway for . which property owners have released easement -rights to pro- vide reasonable access to the:six'.pieees of affected`property. In addition to the fill mentioned above there; has been in- creased exposed shoreline as the result of driveway'meandering and as: ;the consequence :.of lower lake levels as experienced in more recent years. As you "know the principle, of riparian right extends shore line iota to;za aheoret cal :•point..; in aid -lake. Raters and do not provide - for arbitrary tension,', late:cally!j,. of adjoining proPerty,:, oliership whether public or private ' ? We suggest that the (symbols -attached to the' `above' cited. ; notations :ber;.:correctl drawn .to the' end that: 'the , terminal.• ;' Y,: of the directional limes; be properly locted in the 44 foQ )vide area immediately . north wf-Mot 8 i.n )Section 4 of :, ' f 7 Cedar Point. Sincerely, yours, F I , W. Larson' 'ohm H. Liner 3, Paul W Li.nner' Paul c ' Melba Rolstad parol'IErb` Lumir C. 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PUV '2TuurTd_YVT'4D0J Su®TgtP :YUT4sTxH ATaAT400dsaa 'PatTegsT aTTodueusxTY, JO •ouT segs?100s8V uaTsaa Aq, p9d0T9e p ,u sego4a749 mATUO uoTssnosTp xOJ- Pur „AjVUTmTtaadst aqq ul: apeddp saoaaa eqy *AvuummOO VTod apps:3 Pa'- wos oq PBgngTaqsTP ATquaoaa quTod MOD paJ JO sagoge� oTgdpa3odoj eqq uT PeuTequOa suOT41340u v4T, P®�.'eTo'.�ss~ aoa.Te aerj!t a qnq T�' )TTrTD,- q 14 PeT;T- o sT uoTquaIZsr Jr,,07, sgsq,ae� a�a�, a Stquvg0 5�?'�O 1A .� J opasze�j aajquoa,� �4FG 2ulUu Td a,9sITTA ua"'St M u ST 'qo gsgsal-j uvC •a �`'� - - �►�Li ac�Tsteo� T • egti 009 xog August 16, 3.977 TO: All Residents and Property Owners of Red Cedar Point There will be a meeting on August 23, 1972, at 7:30 p.m., in the Chanhassen Village Hall to discuss the plan for Red Cedar Paint that was submitted at the last Red Cedar Point Stud; Committee Meeting. You are all invited to attend and participate. Adolph Tessness Clerk -Administrator DESIGN PLANNING ASSOCIATES, INC. 4826 Chicago Avenue So. Minneapolis, Minnesota 55417 Phone: (612) 822-2106 August 9, 1972 Mr. Adolph Tessness, Administrator Village of Chanhassen P.O. Box 147 Chanhassen, Minnesota Dear Adolph: N C Of GMTNHA t4l%14• re: Red Cedar Point I think it would be helpful if you would have somebody from Schoell and Madson's office check up on the ownership discrepency out on the end of the point that we discussed at last nights Planning Commission meeting. We really should have an answer or opinion on it before the general meeting on August 23rd. Sincerely, D IG PLANNING SSOCIATES, INC. David L e Nelson, AIA Archi tect/ P1 anner DLN:gd July 25, 1972 TO: Chanhassen Planning Commission SUBJ: Red Cedar.Point Meeting The Red Cedar Point meeting was called to order at 7:30 p.m. on Wednesday, July 12, 1972. Committee Members Present Committee Members Absent Mr. 8 Mrs. Charles Andin g Tom Gabbert Dan Herbst John Neveaux Mr. 8 Mrs. D.C. Prillaman Louis Zakariasen Steve Wolf Others present: Frank Kurvers, Councilman; Adolph Tessness, Village Administrator; David Nelson, -Design -Planning Associates, Inc.; and Bill Schoell, Schoell 8 Madson Engineers. Planner's Report. David Nelson gave a detailed report of the existing topography, structures and roacb at Red Cedar Point and of how these conditions affected the long range planning. He presented the recommended Planning Guide and the proposed Development Guide. The proposed Development Guide was presented as only an example of one method.of how'the future development at Red Cedar Point might occur. En,-ineer's Report Bill Schoell presented the proposed sewer and water alignment plan. The plan included the location of the lift stations, the direction of flow, and development constraints. Mr. Schoell assured all those present that the criteria for improving property (i.e., economics, the ability to serve all existing buildings, and the ability to serve potential future building sites) were taken into consideration before finalizing the Red Cedar Point Plan that was presented. Improvement Timing and Assessment Methods Adolph Tessness and Steve Wolf indicated that current scheduling includes the finalizing of the plans and specifications by December of 1972 so that bids may be let and construction started in early 1973. The consulting engineer's estimate for sewer, water and bituminous surfacing would amount to approximately $4,480 per existing dwelling unit at Red Cedar Point. The various alternatives for financing these improvements were discussed which included: the general mill levy, a lot front foot basis, a land square foot basis, or on a per building site basis. It was also indicated that a possible combina- tion of these uses may be employed. The decision on methods used would be made by the council and the people would all be notified of the assessment hearing. Each land owner would also be given a right to appeal to the council at the hearing relative to the assessment method used and total assessment charge. ti Red Cedar Point Mee . _.Lig Page 2 Open Discussion The floor was then opened up for general questions relative to the planner.'s report, the engineer's report.and the method of assessment. After all questions were answered an informal poll was taken on all points of the recommended Planning Guide to measure the reaction of the residents present. The results of this poll indicate generally that: a. The residents would not be interested in vacating Kirkheim Road north of Hickory but would be more in favor of preserving it as a lake access for the use of the Red Cedar Point residents only. This restriction to Red Cedar Point residents could be accom- plished via administrative and vehicular constraints. b_. The vacation of Hancock should be accomplished as no future use of the road could be foreseen. c. The residents generally like the narrowness and confining nature of Hickory and were interested in preserving it as much as pos- sible in its original state after the utility improvements. They were not in favor of making Hickory a one-way street. d. Residents indicated that they were also desirous of keeping the north side of the point, which is indicated as public land, as is. 'They were in favor of indicating the entrance to this park as a "dead end street" and to control parking in the area so that it would be a park which would be used by the residents and would be pretty much a "walk -to" type park. e. Residents were interested in vacating Kirkheim north of south Cedar and south of Red Cedar Point Road but were not in favor of vacating Kirkheim south of south Cedar so that this area may be used in the future for an access point to the lake on the south side of the point.. Summary and Direction It was made very clear to the residents that the committee would not consider the indications of the informal poll as a basis for decision making but only as the current feeling of the residents who were present at the meeting. It was decided that a 4-6 week span be allowed so that the residents could take the graphics of the plan home for study and attempt to generate as much inter -residents discussion and interest as possible. A public meeting would be held at the end of this 4-6 week period to gather, on a formal basis, the feelings of the Red Cedar Point residents so that a basis for decision making would be available. It should be noted that a number of residents had not received notification of the meeting. Adjournment: The Red Cedar Point meeting was adjourned at 9:30 p.m. RESIDENTS PRESENT at Red Cedar Point Meeting July 12, 1972 Name Gerald W. Simonson C. E. Peterson Chester Lobitz John Higgin Lora Dale Ebright B. J. Leach J. W.. McLeod Phillip E. Morgan Basil Bastian Helen Bastian Mr. 8 Mrs. D.C. Prillaman Mr. 8 Mrs. Sam Potts Paul W. Larson Mrs. Paul Larson Edwin C. Seim Mr. 6 Mrs. C. H. Anding Mr. 8 Mrs. Joseph M. Christy Address 5813 Jeff Place, Edina 2219 Arthur St. N.E., Mpls. Route 1, Box 790 Route 1, Box 788 Route 1, Box 788 Route 1, Box 768A, Excelsior Route 1, Box 809, Excelsior Route 1, Box 778B, Excelsior Route 1, Box 780, Excelsior it rr it Route 1, Box 803, Excelsior Route 1, Box 805, Excelsior Box 800, Route 1, Excelsior it It rr Box 798, Route 1, Excelsior Box 794, Route 1, Excelsior 2365 Sherwood Road N.E., Mpls. RED CEDAR POINT MEETING July 12, 1972 Committee: Dan Herbst - Chairman Tom Gabbert (Planning Commission) John Neveaux (Chairman, Planning Commission) Steve Wolf (Councilman) Louis Zakariasen.(Resident) Mr. & Mrs. D. C. Prillaman (Residents) Mr. & Mrs. Charles Anding (Residents) AGENDA I. Introduction. - Dan Herbst II. Planners Report - David Nelson Design -Planning, Inc. III. Engineers Report - Bill Schoell Schoell & Madson Consulting Engineers IV. Utility Construction Timing and Assessment Alternatives - Adolph Tessness Village Administrator Steve Wolf Village Council V. Questions and Discussion from the Floor P4826 Chicago Avenue So. Minneapoiis, Minnesota F54.17 Pons: (612) 822-2106 March 3, 1972 �^ f a>r� Mr. Adolph Tessness Vi 1 1 age of Chanhassen P.O. Box 147i Chanhassen, Minnesota---. q�L Re : ed Cedar Point Study''£ Dear Adolph: This will verify our phone discussion in regard to the above study. We will make a presentation at your March 14th Planning Commission Meeting instead of the February 29th meeting. This should be more productive for all parties concerned and will give us time to consult with the Village Engineers also. Sincerely, DESIGN PLANNING ASSOCIATES, INC. David Lee Nel son , `-AIA Architect/Planner cc: Mr. John Neveaux�