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2007-41 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DA TE: June 25" 2007 RESOLUTION NO: 2007 -41 MOTION BY: Ernst SECONDED BY: Peterson A RESOLUTION V ACA TING A UTILITY EASEMENT IN THE PRESERVE PLANNING CASE FILE NO. 06-14 WHEREAS, the City of Chanhassen is requesting to vacate an easement within the underlying parcels of The Preserve development (Ryland Homes); and WHEREAS, the existing easement was granted to the City in 2006; and NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating a utility easement within The Preserve as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 25th day of June, 2007. ATTEST: YES Furlong Litsey Ernst Peterson Tjornhom NO None ABSENT None Utility, Drainage, and Trail Easement and Temporary Construction Easement: A 150.00 foot wide temporary constru.ction easement and a 50.00 foot wide perpetual utility drainage and trail easement over, under, and across that part of said East half of the Southeast Quarter lying South of the North 45.00 feet thereof; said temporary construction easement being 65.00 feet to the left and 85.00 feet to the right of the following described line and said perpetual easement being 25.00 feet on either side of said following described line. Said line is described as follows: Commencing at the northwest comer of said East half of the Southeast Quarter; thence South 88 degrees 29 minutes 32 seconds East assumed bearing along the North line of said East half of the Southeast Quarter 85.00 feet to the point of beginning of the line to be described; thence South 01 degrees 06 minutes 07 seconds West parallel to the West line of said East half of the Southeast Quarter 391.05 feet said line there terminating. Together with: A 150.00 foot wide temporary construction easement and a 50.00 foot wide permanent easement for utility, drainage, and trail purposes over, under, and across said East half of the Southeast Quarter said temporary construction easement being 85.00 feet to the left of and 65.00 feet to the right of the following described line said permanent easement being 25.00 feet on either side of the following described line said line is described as follows: Commencing at the point of terminus of the above described line; thence North 33 degrees 48 minutes 22 seconds West 55.39 feet to the point of beginning of the line to be described; thence returning South 33 degrees 48 minutes 22 seconds East 362.01 feet; thence South 03 degrees 01 minutes 21 seconds East 336.66 feet; thence South 00 degrees 41 minutes 36 seconds East 314.29 feet; thence South 22 degrees 21 minutes 06 seconds West 224.86 feet; thence South 06 degrees 20 minutes 20 seconds East 295.06 feet; thence South 52 degrees 25 minutes 51 seconds East 69.35 feet; thence North 81 degrees 28 minutes 39 seconds East 180.00 feet; thence South 54 degrees 50 minutes 35 seconds East 115.08 feet; thence South 05 degrees 06 minutes 31 seconds West 114.91 feet said line there terminating. Together with: A permanent utility, drainage, and trail easement des~ribed as beginning at the point of terminus of last described line; thence North 84 degrees 53 minutes 29 seconds West 25.00 feet; thence South 05 degrees 06 minutes 31 seconds West 85.01 feet; thence South 23 degrees 41 minutes 11 seconds West 309.33 feet; thence South 28 degrees 48 minutes 39 seconds East 29.34 feet to the Northwesterly line of the previously described right-of- way; thence North 71 degrees 11 minutes 21 seconds East 168.23 feet along said northwesterly line; thence northeasterly 57.93 feet along said northwesterly line on a tangential curve concave to the Northwest having a radius of 1160.00 feet and a central angle of 2 degrees 51 minutes 41 seconds to a point hereinafter referred to as POINT B; thence North 12 degrees 08 minutes 05 seconds West 249.47 feet; thence North 05 degrees 06 minutes 31 seconds East 71.30 feet to a line that bears South 84 degrees 53 minutes 29 seconds East from the point of beginning; thence North 84 degrees 53 minutes 29 seconds West 25.00 feet to the point of beginning.