2014-44 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: June 9,2014 RESOLUTION NO: 2014-44
MOTION BY: Ernst SECONDED BY: McDonald
A RESOLUTION VACATING PORTIONS OF
DRAINAGE,UTILITY AND ROADWAY EASEMENTS
PLANNING CASE FILE NO. 14-06
WHEREAS,pursuant to Minnesota Statutes § 412.851 the Chanhassen City Council has
conducted a hearing preceded by two (2)weeks published and posted notice and mailed notice to
the abutting property owners, to consider the vacation of portions of the following drainage, utility,
and roadway easements: (i)Permanent Drainage and Utility Easement dated August 31, 2004 and
recorded with the Office of the County Recorder of Carver County,Minnesota as Document No.
A399978 on October 28,2004 and with the Registrar of Titles of Carver County, Minnesota as
Document No. T149328, on October 28, 2004; and (ii) Grant of Temporary and Permanent
Easement dated June 1, 2001 and recorded with the Registrar of Titles of Carver County,
Minnesota, as Document T120020 on June 22, 2001 (attachment C to Assessment Agreement)
(collectively"Easements"). The portions of the Easements to be vacated are legally described in
Exhibit A attached hereto.
WHEREAS,following the hearing and consideration of the proposed vacation,the Council
has determined that it is in the public interest to vacate the portions of the Easements legally
described in Exhibit A.
NOW,THEREFORE,BE IT RESOLVED that the Chanhassen City Council hereby
approves vacating the portions of the Easements as legally described in Exhibit A contingent on the
final plat of Arbor Cove.
Passed and adopted by the Chanhassen City Council this 9th day of June, 2014.
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(Ti'd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT RECUSE
Furlong Laufenburger
Ernst
McDonald
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EXHIBIT A
PROPOSED PORTION OF EASEMENT DOCUMENT NO. 120020 TO BE VACATED
A strip, 60 feet wide,for road purposes over,under and across the following described property:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North,
Range 23 West of the 5th Principal Meridian, Carver County,Minnesota, described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter;thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter
of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a
distance of 978.50 feet;thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77
feet; thence South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet; thence North
69 degrees 13 minutes 44 seconds West a distance of 638.58 feet;thence North 87 degrees 00
minutes 49 seconds West a distance of 822.99 feet;thence South 1 degree 58 minutes 09 seconds
East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of
368.57 feet; thence South 41 degrees 10 minutes 18 seconds West a distance of 410.76 feet;
thence South 7 degrees 50 minutes 18 seconds West a distance of 350.24 feet; thence South 13
degrees 35 minutes 53 seconds East a distance of 397.22 feet; thence South 8 degrees 05 minutes
03 seconds East a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West
about 385 feet,to the shoreline of Lake Minnewashta; thence Southerly, along said shoreline,to
the south line of said Government Lot 8;thence North 89 degrees 40 minutes 46 seconds East,
along said south line of Government Lot 8 about 1756 feet to the southeast comer of said
Government Lot 8; thence South 89 degrees 32 minutes 26 seconds East, along the south line of
said Northwest Quarter of the Southwest Quarter, a distance of 1054. 74 feet,to a point 248.27
feet westerly from the southeast corner of said Northwest Quarter of the Southwest Quarter;
thence North 0 degrees 34 minutes 36 seconds West a distance of 281.21 feet;thence South 89
degrees 40 minutes 26 seconds East a distance of 225.90 feet;thence North 0 degrees 23 minutes
47 seconds West a distance of 17.74 feet; thence North 89 degrees 05 minutes 22 seconds East a
distance of 20.56 feet,to the east line of said Northwest Quarter of the Southwest Quarter;thence
North 0 degrees 54 minutes 38 seconds West; along last said east line, a distance of 1046.12 feet
to said point of beginning.
EXCEPT:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9, Township 116 North,Range 23 West of the 5th Principal meridian described as
follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter
of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a
distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77
feet;thence South 38 degrees 21 minutes 19 seconds East, a distance of 40. 00 feet; thence North
69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46
minutes 16 seconds West, a distance of 492.43 feet;thence South 71 degrees 39 minutes 26
seconds East, a distance of 131.14 feet to the point of beginning of the land to be described;
thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet;thence
North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet;thence North 71 degrees
39 minutes 26 seconds West, a distance of 486.30 feet;thence South 10 degrees 46 minutes 16
seconds West, a distance of 451.81 feet to the point of beginning.
ALSO EXCEPT:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North,
Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter;thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter
of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a
distance of 978.50 feet;thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77
feet;thence South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet,to a point
hereinafter referred to as "Point A"; thence North 69 degrees 13 minutes 44 seconds West a
distance of 283.38 feet;thence South 10 degrees 46 minutes 16 seconds West a distance of
492.43 feet;thence South 71 degrees 39 minutes 26 seconds East a distance of 115.18 feet to the
point of beginning of the land to be described;thence continuing South 71 degrees 39 minutes 26
seconds East a distance of 15. 96 feet; thence North 10 degrees 46 minutes 16 seconds East a
distance of 451.81 feet;thence North 71 degrees 39 minutes 26 seconds West, a distance of
131.14 feet;thence North 10 degrees 46 minutes 16 seconds East a distance of 40.62 feet; thence
North 69 degrees 13 minutes 44 seconds West a distance of 355.20 feet to a point distant 638.58
fee northwesterly from the above referenced "Point A";thence North 87 degrees 00 minutes 49
seconds West a distance of 822.99 feet;thence South 1 degree 58 minutes 09 seconds East a
distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of
303.66 feet;thence South 63 degrees 31 minutes 20 seconds East a distance of 1266.35 feet,to
the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point
of beginning;thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62 feet to
the point of beginning.
ALSO EXCEPT:
All of ZIMMERMAN FARM 1ST ADDITION, according to the recorded plat thereof, including Lots 1
and 2, Block 1, and the roads dedicated to the public in said plat.
ALSO EXCEPT:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section Nine(9), Township One Hundred Sixteen(116)North, Range Twenty-three (23)West
of the 5th Principal Meridian, described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter
of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a
distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77
feet; thence South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet;thence North
69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet;thence South 10 degrees 46
minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26
seconds East, a distance of 617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a
distance of 451.81 feet to the point of beginning of the land to be described; thence continuing
North 10 degrees 46 minutes 16 seconds East, a distance of 56.31 feet;thence North 69 degrees
42 minutes 15 seconds West, a distance of 131.82 feet;thence South 10 degrees 46 minutes 16
seconds West, a distance of 60.84 feet;thence South 71 degrees 39 minutes 26 seconds East,a
distance of 131.14 feet to the point of beginning.
ALSO EXCEPT:
That part of the Southwest Quarter of the Northwest Quarter, Section Nine(9),Township One Hundred
Sixteen(116)North,Range Twenty Three(23)West of the 5th Principal Meridian, described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;thence
North 69 degrees 42 minutes 15 seconds West(based on a bearing of North 00 degrees 35
minutes 15 seconds West for a straight line between the northwest comer and the southwest
comer of said Section 9)a distance of 750.15 feet to the point of beginning of the land to be
described; thence continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35
feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet to the
northerly comer of the easterly end of Field Lane, dedicated in SUNSET HILL ON LAKE
MINNEWASHTA, according to the found monumentation of the recorded plat thereof; thence
South 38 degrees 2lminutesl9 seconds East, along said easterly end of Field Lane, a distance of
40.00 feet to the southerly comer of said easterly end of land as monumented; thence North 69
degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented,
a distance of 283.38 feet;thence South 10 degrees 46 minutes 16 seconds West a distance of
40.62 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence
North 10 degrees 46 minutes 16 seconds East a distance of 60.84 feet to said point of beginning.
The centerline of said strip being described as follows:
Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said
Section 9;thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the
westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said
Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00
minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be
described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance
of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the
Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50
minutes 44 seconds along said parallel line a distance of 418.16 feet and there said centerline
terminates.
PROPOSED PORTION OF EASEMENT DOCUMENT NO.399978 TO BE VACATED
An easement for roadway and drainage and utility purposes lying over, under, and across all that
part of the Northwest Quarter of the Southwest Quarter of Section 9 and Government Lot 8 of
Section 8, all in Township 116, Range 23, Carver County, Minnesota lying south of the
following described line:
Commencing at the southeast corner of ZIMMERMAN FARM 1ST ADDITION,
according to the recorded plat thereof, Carver County, Minnesota, thence on an assumed
bearing of North 00 degrees 19 minutes 14 seconds West, along the east line of said
ZIMMERMAN FARM 1sT ADDITION, to the intersection with a line lying 85.50 feet
northerly of, as measured at right angles to, and parallel with the south line of said
Government Lot 8 and to the point of beginning of the line to be described; thence North
89 degrees 40 minutes 46 seconds East, along said parallel line a distance of 447.43 feet
to the intersection with a line lying 85.50 feet northerly of as measured at right angles to,
and parallel with the south line of said Northwest Quarter of the Southwest Quarter,
thence South 89 degrees 32 minutes 52 seconds East, along said parallel line, a distance
of 993.36 feet, thence northeasterly, a distance of 17.07 feet, along a tangential curve,
concave to the north, having a central angle of 05 degrees 29 minutes 35 seconds and a
radius of 178.00 feet, thence North 84 degrees 57 minutes 32 seconds East, tangent to
said curve, a distance of 157.85 feet, thence southeasterly, a distance of 106.29 feet,
along a tangential curve, concave to the south, having a central angle of 22 degrees 23
minutes 26 seconds and a radius of 272.00 feet, thence South 72 degrees 39 minutes 02
seconds East, tangent to said curve, a distance of 30.24 feet to the East line of said
Northwest Quarter of the Southwest Quarter and there terminating.
Except that part of said easement that lies within the following described property:
That part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 9,
Township 116 North,Range 23 West of the 5th Principal Meridian,described as follows:
Beginning at the southeast corner of said Northwest Quarter (NW 1/4) of the Southwest
Quarter (SW 1/4); thence on an assumed bearing of North 89 degrees 33 minutes 03
seconds West, along the south line of said Northwest Quarter (NW 1/4) of the Southwest
Quarter (SW 1/4), a distance of 248.27 feet; thence North 00 degrees 35 minutes 13
seconds West a distance of 131.30 feet; thence South 89 degrees 09 minutes 03 seconds
East, a distance of 247.58 feet to the east line of said Northwest Quarter (NW 1/4) of the
Southwest Quarter (SW 1/4); thence South 00 degrees 54 minutes 38 seconds East, along
said east line, a distance of 129.59 feet to the point of beginning, according to the plat on
file or of record in the office of the County Recorder, Carver County,Minnesota.
That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116 North,
Range 23 West of the 5th Principal Meridian described as follows:
Commencing at the Southeast corner of said Northwest Quarter of the Southwest
Quarter; thence on an assumed bearing of North 89 degrees 33 minutes 03 seconds West,
along the South line of said Northwest Quarter of the Southwest Quarter, a distance of
248.27 feet; thence North 00 degrees 35 minutes 13 seconds West, a distance of 131.30
feet to the point of beginning of the land to be described; thence North 00 degrees 35
minutes 13 seconds West, a distance of 149.91 feet; thence South 89 degrees 41 minutes
03 seconds East, a distance of 246.67 feet to the east line of said Northwest Quarter of
the Southwest Quarter; thence South 00 degrees 54 minutes 38 seconds East, along said
east line, a distance of 152.23 feet to the intersection with a line which bears South 89
degrees 09 minutes 03 seconds East from the point of beginning; thence North 89
degrees 09 minutes 03 seconds West, a distance of 247.58 feet to the point of beginning.