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H-1. Lehto Vacation of Trail EasementCITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 H -1 MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer FROM: Stephanie Bartels, Project Engineer DATE: June 23, 2014 1= SUBJ: Approve Vacation of Perpetual Pedestrian Easement, Lehto — 8591 Tigua Lane PROPOSED MOTION "The City Council adopts a resolution approving the vacation of the perpetual pedestrian easement described in the attached legal description." City Council approval requires a simple majority vote of those present. BACKGROUND The property owners of Lot 1, Block 1, Rice Lake Manor granted the City of Chanhassen a Perpetual Pedestrian Easement over a portion of their property. That easement was recorded with the Carver County Recorder on August 21, 1980 as Document No. A48114 attached. PROPOSAL Senior Center The Parks Department proposed a new trail alignment over this property. The Planning & new alignment would preserve existing trees and would move the trail away from Natural Resources Phone: 952.227,1130 the home on the property. An easement for this new trail alignment was recorded Fax: 952.227.1110 with the Carver County Recorder on January 23, 2014 as Document No. Location Map A5900009, Public Works Notice of Public Hearing & Affidavit of Mailing 7901 Park Place With the new trail easement recorded over a preferred alignment, the City has no Phone: 952.227.1300 cause to hold the 1980 Perpetual Pedestrian Easement over the old trail alignment, Fax: 952.227.1310 and it may be vacated. Senior Center Attachments: 1. Easement Doc. No. A48114 PFax:952.2227110 Fax: 952.2271110 2. Easement Doc. No. A5900009 3. Location Map Web Site 4. Notice of Public Hearing & Affidavit of Mailing www.ci.chanhassen.mn.us 5. Resolution g:\ eng\ vrtlNrrl�r s�. alr�Cat6Qf�isriiilvl &�4?vaB�AIASE{A6T89A #and Planning for Tomorrow PERPETUAL PEDESTRIAN EASEMENT EXHIBIT A AT THIS INSTRUMENT, made this /f� day of 1980, by and between H. K. and M. PROPERTIES, a partnership consisting of Robert C. Hendrickson, Gerald E. Hendrickson, Douglas M. Hansen, Max M. 1 Mullen and Thomas 0. Klingelhutz, of the County of Carver, Std of Minnesota, hereinafter referred to as "First Party ", and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as "Second Party ", WITNESSETH, the First Party, in consideration of One Dollar and other good and valuable consideration to it in hand paid by the Second Party, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to the Second Party, its successors and assigns, Forever, a 20 foot Pedestrian Easement for pedestrian trailway purposes over and across the following described property: Lots One (1), Two (2) Three (3), Four (4), FiK_e and Six 6), Rice La a anor. The centerline of said 20 foot pedestrian easement shall be the centerline of that certain 50 foot trunk sewer easement as delineated on the plat of Rice Lake Manor on file and of record in the office of the County Recorder of Carver County, Minnesota. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said Second Party, its successors and assigns, Forever. And the said H. K. and M. PROPERTIES, First Party, for itself and for its successors and assigns, do covenant with the said Second Party, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, And the above bargained and granted Pedestrian Easement, in the quiet and peaceable possession of the said Second Party, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, the said First Party, will Warrant and Defend. I e23 Page 1 of 2 IN TESTIMONY WHEREOF, H. K. and M. PROPERTIES, a T� partnershi� has caused these presents to be executed this day of '/UL 1980. H. K. and M. PROPERTIES BY 9814 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER I hereby certify that the within Instrument r Nlad r record In pie oifjee on the eY o 0. 19 t o'clo* ..2 M� s duly re9orded.I0 book Recorder STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) Partner Partner All Partner m The forego] in trument was acknowledged before me this tf— .day of , 1980, by Robert C. Hendrickson, Gerald E Hen ickson, Douglas M. Hansen, Max M. McMullen and Thomas . Kli gelhutz. This instrument drafted by LARSON & MERTZ Attorneys at Law 1900 First National Bank Bldg. Minneapolis, MN 55402 335 -9565 Notary Public toRUSSELL H. LARSON NOTARY PUBLIC- MINNESOTA CARVER COUNTY My t=Wni" Expinx Jun 12.1988 EXEMPT FROM STATE DEED TAX Page 2 of 2 0 PERPETUAL CONSERVATION EASEMENT EXHIBIT B. THIS INSTRUMENT, made 1 this 1/�� day of , 1980, by and between H.K. and M.PROPERTIES, a par ershi consisting of Robert C. Hendrickson, Gerald E. Hendrickson, Douglas M. Hansen, Max M. McMullen and Thomas O. Klingelhuta, of the County of Carver, State of Minnesota, hereinafter referred to as "First Party ", and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter: referred to as "Second Party'!, . WITNESSETH, the First Party, in consideration of One Dollar and other good and valuable consideration to it in hand paid by the Second Party, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to the Second Party, its successors and assigns, Forever, a CONSERVATION EASEMENT, as that term is hereinafter defined, over, under and across all that part of Lots One (1), Two.(2), Three (3), Four (4), Five (5) and Six (6), Rice Lake Manor lying below the Eight Hundred and Eighty -four (884) foot elevation as delineated on the plat of said Rice Lake Manor on file and of record in the office of the County Recorder of Carver County, Minnesota. By the grant of the aforementioned Conservation Easement, the First Party, for themselves and for its successors and assigns, subject those portions of the premises as above described to the following restrictions for the benefit of the Second Party in perpetuity: 1. No buildings, roads, driveways, signs, billboards, or structures of any kind, whether on, in, or above the ground, shall be placed or constructed or be allowed to remain upon those portions of the premises as above described. The previous sentence notwithstanding, nothing herein shall be deemed to prohibit or bar the First Party, its successors and assigns,from constructing and maintaining underground public utility service structures. within the easemented areas. 2. No trash, waste, or unsightly or offensive materials shall be placed on the conservation easement premises. 3. No living trees or living shrubs shall be destroyed or removed from the conservation easement premises. 4. No loam, peat, gravel, soil, sand, rock, or other material or substances shall be excavated or removed from the conservation easement premises except to the extent reasonably necessary to the construction of underground public utility service structures. Page 1 of 3 5. No activities detrimental to the preservation of the scenic beauty and the open condition of the conservation easement premises shall be permitted. 6. The within Conservation Easement shall be subject to that certain Pedestrian Easement granted by First Party to Second Party by that certain Document No. y A� �J dAted UL rH 1980, and filed for record on 171/G 19 C7 , 1980 in the office of the County Recorder of Carver County, Minnesota. The restrictions incorporated in the within Conservation Easement may be enforceable by the Second Party, its successors and assigns, by injunction or by any other legal means, and shall entitle the holder of the within Conservation Easement to enter upon the conservation easement premises in a reasonable manner and at reasonable times to assure compliance with the intent of the within Conservation Easement. The within Conservation Easement shall not be unenforceable against.the First Party, its successors and assigns, on account of any lack of privity of estate or contract or lack of benefit to particular land. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said Second Party, its successors and assigns, Forever. And the said H.K. and M. Properties, First Party, for itself and for its successors and assigns do covenant with the said Second Party, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, And the above bargained and granted Conservation Easement, in the quiet and peaceable possession of the said Second Party, its successors and assigns, against all personas lawfully claiming or to claim the whole or any part thereof, the said First Party, will Warrant and Defend. IN TESTIMONY WHEREOF, H.K. and M. PROPERTIES,-a partner- ship, s aused these presents to be executed this �— day of 1980. Page 2 of 3 H. K. and M. PROPERTIES Imo• �s� �� �._,� _ � :L Partner % Partner CONSERVATION EASEMENT STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The forego 1 strument was acknowledged before me this _&:�j day of V , 1980 by Robert C. Hendrickson, Gerlad E. Hendricks , DoVyglas M. Hansen,Max M. McMullen and Thomas 0. Klingelhutz. Pow J / WAI � I VA t. This instrument drafted by RUSSELL H.LARSON LARSON & MERTZ OTAWKIM-MMMM COUWrf Attorneys at Law rgCwonR,llbt 1900 First National Bank Building Minneapolis MN 55402 335 -9565 1 � I F nc of COUNTY RECORDER ur i STATE COUNTY OF MINNESOTA hereby certify that the within IM MMS"I �yj;a�p tilyd for record ,n 1+iafo i� 010* the tia+r f'ay °P-4 . '_ ...�. /..~,id 9 in bock By Page 3 of 3 Deputy unty Reaordec EXEMPT FROM STATE DEED TAX ad " a' DoCummtt No. OFFICE OF THE A 5 90 0 0 9 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on January 23, 2014 2:35 PM Fee: $46.00 I 590009 j �II'1I1I'lll Ill County Recorder GRANT OF PERMANENT EASEMENT STEVEN D. LENTO AND CAROL JEAN I. LEHTO, husband and wife, "Grantors ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter re€erred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, legally described on attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail system over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trail easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; 041, that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this 2q day of p rju<,m ya /— 2013. STATE OF MINNESOTA ) ) as. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this '2,,k day of �1rtu 2013, by Steven D. Lehto and Carol Jean L Lehto, and and wife. LANCE ERIC ALINE NOTARY PUBLIC Natmy ftft sto of WMBBae TW My owmdulon boe4 .kruary 3i, 2017 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUI SON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651452 -5000 AMP /cjh 171930v1 43.01 r� A 20.00 foot wide permanent easement for trailway purposes lying over, under and across all that part of Lot 1, Block 1, RICE LAKE MANOR, according to the recorded plat thereof, Carver County, Minnesota, lying southerly and easterly of the following described Line A: Line A Commencing at the southeast comer of Lot 1, Block 1; thence North 00 degrees 16 minutes 25 seconds West assumed bearing along the East line of said Lot 1, a distance of 537.70 feet to the most northerly corner of said Lot 1, and the point of beginning of said Line A; thence South 42 degrees 40 minutes 16 seconds West a distance of 533.78 feet; thence South 79 degrees 44 minutes 16 seconds West a distance of 618.94 feet to a point on the Westerly line of said Lot 1, distant 100.00 feet southwesterly (as measured along said line) of the Northwesterly comer of said Lot 1, Carver County, Minnesota The centerline of said easement is described as follows: Commencing at the southeast comer of said Lot 1; thence North 00 degrees 16 minutes 25 seconds West along the east line of said Lot 1, a distance of 537.70 feet to the most northerly comer of said Lot 1; thence South 42 degrees 40 minutes 16 seconds West a distance of 444.16 feet; to the point of beginning of the centerline to be described; thence South 45 degrees 14 minutes 04 seconds East, a distance of 18.55 feet; thence southeasterly, a distance of 66.24 feet along a tangential curve, concave to the northeast, having a radius of 115.58 feet and a central angle of 32 degrees 50 minutes 14 seconds; thence easterly, a distance of 44.69 feet along a compound curve, concave to the north, having a radius of 56.19 feet and a central angle of 45 degrees 34 minutes 36 seconds; thence northeasterly a distance of 53.82 feet along a reverse curve, concave to the southeast, having a radius of 225.00 feet, and a central angle of 13 degrees 42 minutes 19 seconds; thence North 70 degrees 03 minutes 41 seconds East, tangent to said curve, a distance of 34.50 feet; thence easterly, a distance of 70.35 feet along a tangential curve, concave to the south, having a radius of 145.50 feet, and a central angle of 27 degrees 42 minutes 12 seconds; thence easterly, a distance of 42.08 feet along a reverse curve, concave to the north, having a radius of 52.00 feet, and a central angle of 46 degrees 21 minutes 42 seconds, to the cast line of said Lot 1 and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said Line A and said east line of Lot 1. 171930v1 EXHIBIT B MOST N'LY CORNER OF LOT 1 / I L- yYA-2 -A� DENOTES PROPOSED EASEMENT / / 16 / _ y / r / y / lv / V 6V6.9� S79'4A 6 "N c. n J 1 V 00 A G m b qb O�lopti d 4 1� 1 A/ Y S�P 4r Q 0 J 60 Wn W 3 N 0 Z Not to Scde SE CORNER OF LOT 1 Consent of Lien Holder Wells Fargo Bank N.A. ( "Lien Holder "), is the current holder of a Mortgage dated January 26, 2012 as recorded in Document No. A549961 County of Carver State of Minnesota and hereby consents to the grant of the foregoing Trailway Easement by Steven D Lehto and Carol Jean I. Lehto, husband and wife, to the City of Chanhassen, a Minnesota Municipal Corporation, and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Trailway Easement. The foregoing indemnification provisions shall not be enforceable against Wells Fargo Bank, N.A. and any successors or assigns taking title to the property after foreclosure or deed in lieu. SIGNED AND EXECUTED this J day of January 2014. Wells Fargo Be k NA B.. V /a, ura E. Valentine STATE of MARYLAND COUNTY of FREDERICK BEFORE ME, the undersigned authority, on this day personally appeared Laura E. Valentine, Vice President, of Wells Fargo Bank, N.A. known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Day of January 2014. Anthony Murphy; Notary Public State of Maryland My commission expires: June 14, 2017 W3S''tp: .13% ltl Fq !� It Q W Y J /U_yy iy C 4 pp : �faE 3 � p�$� L �!a • -�� t� a gg�9J e ; 96g3z�r � a� � �4�� •E a E g , `E �iss 33 a[ ol 7F Lyy�yy r ]�! L s � d3 �• {i ��ja 8• a gs 10 c ae� 3 ESS a� =S 3� a y9tl E e e 1 Gi'f GaS/ AMU IyNK M R 4 i - C{'iiKIO -X— i f� 3 �gyy}o, N Q {pf h) h w :L.R9+n PME M Y MIM y V M11ay. Z, S C CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 12, 2014, 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 Notice of Public Hearing for Vacation of Trail Easement, Lehto, 8591 Tigua Lane, Vacation File No. 14 -01 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. "146W611, FIN Subscribed and s orn to before me this 1_ day o� 2014. JEAN M. STECKLING Notary PubIIcAAlnnas � ri comnx.um, MWW ran at, aoto FEDERAL NATIONAL MORTGAGE ASSO J & S VENTURES 1 INC STATE OF MINNESOTA - DOT 14221 DALLAS PKY STE 1000 1450 KNOB HILL LN 1500 W COUNTY ROAD B2 DALLAS, TX 75254 -2946 EXCELSIOR, MN 55331 -8063 ROSEVILLE, MN 55113 -3174 COREY A HOEN LARRY L & SHERRIE D DOBSON TROY A & VIRGINIA L KAKACEK 3659 CAMPO RUN 370 86TH ST W 380 86TH ST W CHASKA, MN 55318 -4612 CHANHASSEN, MN 55317 -9784 CHANHASSEN, MN 55317 -9784 VYACHESLAV KRASNOKUTSKIY LUANN M MARKGRAF KAREN L BLENKER 390 86TH ST W 401 RICE CT 405 RICE CT CHANHASSEN, MN 55317 -9784 CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -7709 LARRY M & MARLENE R NASH STACY L ANDERSON HOANG MINH PHAM 409 RICE CT 413 RICE CT 417 RICE CT CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -7709 LORI LEE PROECHEL SUSAN M HEINEMANN BONNIE M HOGHAUG 418 RICE CT 421 RICE CT 425 RICE CT CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -7709 PATRICIA A ADAMS TY LOFRANO BRUCE A DRAEGER 429 RICE CT 8521 TIGUA LN 8541 MISSION HILLS LN CHANHASSEN, MN 55317 -7709 CHANHASSEN, MN 55317 -9615 CHANHASSEN, MN 55317 -7713 JOHN G HINES JOSEPH & GAYLE HAUTMAN THOMAS B GUNSTAD 8550 TIGUA LN 8551 TIGUA LN 8561 MISSION HILLS LN CHANHASSEN, MN 55317 -9615 CHANHASSEN, MN 55317 -9615 CHANHASSEN, MN 55317 -7713 THOMAS NIMMO ROBERT M & TAMMY L SCHAEFER GUY H SUPER II 8561 TIGUA LN 8571 MISSION HILLS LN 8571 TIGUA LN CHANHASSEN, MN 55317 -9615 CHANHASSEN, MN 55317 -7713 CHANHASSEN, MN 55317 -9615 JODEE A TOMASSONI KENDALL J & KRISTINE R STRAND STEVEN D LEHTO 8581 MISSION HILLS LN 8581 TIGUA LN 8591 TIGUA LN CHANHASSEN, MN 55317 -7713 CHANHASSEN, MN 55317 -9615 CHANHASSEN, MN 55317 -9615 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 23, 2010, 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 easement for trail over the following described parcels within the City: That part of Lot 1, Block 1, Rice Lake Manor, lying southerly and easterly of the following described line: Commencing at the southeast corner of Lot 1, Block 1; thence North 00 degrees 16 minutes 25 seconds West assumed bearing along the East line of said Lot 1, a distance of 537.70 feet to the most northerly corner of said Lot 1, the point of beginning of the line to be described; thence South 42 degrees 40 minutes 16 seconds West a distance of 533.78 feet; thence South 79 degrees 44 minutes 16 seconds West a distance of 618.94 feet to a point on the westerly line of said Lot 1, distant 100.00 feet southwesterly (as measured along said line) of the northwesterly corner of said Lot 1, Carver County Minnesota. The proposed resolution for vacation of the easements is enclosed. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Bartels, Project Engineer Phone: 952- 227 -1165 (Notice published in the Chanhassen Villager on June 5, 2014) g: \eng \vacations \14 -01 Ichto trail esmt \ph notice to mail.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 23, 2014 RESOLUTION NO: 2014 -XX MOTION BY: Fix "m 11 -M 1I [3149 A RESOLUTION VACATING TRAIL EASEMENT VACATION FILE NO. 14-01 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 a portion of the easement for trail purposes created by the recording of a Perpetual Pedestrian Easement dated July 11, 1980 recorded with the Carver County Recorder on August 21, 1980, as Document No. A48114 over property legally described on Exhibit A attached hereto (herein after "Subject Property"). WHEREAS, the vacation is proposed as part of a trail relocation within the Subject Property and requires that a new trail easement be granted by the owners of the Subject Property for the relocated trail. WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the easement as it affects the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The above described easement as it affects the Subject Property is hereby vacated, conditioned upon the owners of the Subject Property granting a permanent easement for the relocated trail as legally described in Exhibit B in the City's standard form, together with any necessary consents to the easement. 2. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder. Passed and adopted by the Chanhassen City Council this 23rd day of June, 2014. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT EXHIBIT A That part of Lot 1, Block 1, Rice Lake Manor, lying southerly and easterly of the following described line: Commencing at the southeast corner of Lot 1, Block 1; thence North 00 degrees 16 minutes 25 seconds West assumed bearing along the East line of said Lot 1, a distance of 537.70 feet to the most northerly corner of said Lot 1, the point of beginning of the line to be described; thence South 42 degrees 40 minutes 16 seconds West a distance of 533.78 feet; thence South 79 degrees 44 minutes 16 seconds West a distance of 618.94 feet to a point on the westerly line of said Lot 1, distant 100.00 feet southwesterly (as measured along said line) of the northwesterly corner of said Lot 1, Carver County Minnesota. EXHIBIT B A 20.00 foot wide permanent easement for trailway purposes lying over, under and across Lot 1, Block I, RICE LAKE MANOR, according to the recorded plat thereof, Carver County, Minnesota, the centerline of said easement is described as follows: Commencing at the northeast corner of said Lotl; thence on an assumed bearing of South 65 degrees 20 minutes 31 seconds West, along the northerly line of said Lot 1, a distance of 474.09 feet, to the point of beginning of the centerline to be described; thence South 44 degrees 30 minutes 14 seconds East, a distance of 191.49 feet; thence southeasterly, a distance of 76.64 feet along a tangential curve, concave to the northeast, having a radius of 130.83 feet and a central angle of 33 degree 33 minutes 48 seconds; thence easterly, a distance of 44.69 feet along a compound curve concave to the north, having a radius of 56.19 feet and a central angle of 45 degrees 34 minutes 36 seconds; thence northeasterly a distance of 53.82 feet along a reverse curve, concave to the southeast, having a radius of 225.00 feet, and a central angle of 13 degrees 42 minutes 19 seconds; thence North 70 degrees 03 minutes 41 seconds East, a distance of 34.50 feet; thence easterly, a distance of 70.35 feet along a tangential curve, concave to the south, having a radius of 145.50 feet, and a central angle of 27 degrees 42 minutes 12 seconds; thence easterly, a distance of 42.08 feet along a reverse curve, concave to the north, having a radius of 52.00 feet, and a central angle of 46 degrees 21 minutes 42 seconds, to the east line of said Lot 1 and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said northerly line and said east line. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 23.2014 RESOLUTION NO: 2014 -XX MOTION BY: SECONDED BY: A RESOLUTION VACATING TRAIL EASEMENT VACATION FILE NO. 14-01 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 a portion of the easement for trail purposes created by the recording of a Perpetual Pedestrian Easement dated July 11, 1980 recorded with the Carver County Recorder on August 21, 1980, as Document No. A48114 over property legally described on Exhibit A attached hereto (herein after "Subject Property"). WHEREAS, the vacation is proposed as part of a trail relocation within the Subject Property and requires that a new trail easement be granted by the owners of the Subject Property for the relocated trail. WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the easement as it affects the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The above described easement as it affects the Subject Property is hereby vacated, conditioned upon the owners of the Subject Property granting a permanent easement for the relocated trail as legally described in Exhibit B in the City's standard form, together with any necessary consents to the easement. 2. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder. Passed and adopted by the Chanhassen City Council this 23rd day of June, 2014. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT EXHIBIT A That part of Lot 1, Block 1, Rice Lake Manor, lying southerly and easterly of the following described line: Commencing at the southeast comer of Lot 1, Block 1; thence North 00 degrees 16 minutes 25 seconds West assumed bearing along the East line of said Lot 1, a distance of 537.70 feet to the most northerly corner of said Lot 1, the point of beginning of the line to be described; thence South 42 degrees 40 minutes 16 seconds West a distance of 533.78 feet; thence South 79 degrees 44 minutes 16 seconds West a distance of 618.94 feet to a point on the westerly line of said Lot 1, distant 100.00 feet southwesterly (as measured along said line) of the northwesterly corner of said Lot 1, Carver County Minnesota. EXHIBIT B A 20.00 foot wide permanent easement for trailway purposes lying over, under and across all that part of Lot 1, Block 1, RICE LAKE MANOR, according to the recorded plat thereof, Carver County, Minnesota, lying southerly and easterly of the following described Line A: Line A Commencing at the southeast corner of Lot 1, Block 1; thence North 00 degrees 16 minutes 25 seconds West assumed bearing along the East line of said Lot 1, a distance of 537.70 feet to the most northerly corner of said Lot 1, and the point of beginning of said Line A; thence South 42 degrees 40 minutes 16 seconds West a distance of 533.78 feet; thence South 79 degrees 44 minutes 16 seconds West a distance of 618.94 feet to a point on the Westerly line of said Lot 1, distant 100.00 feet southwesterly (as measured along said line) of the Northwesterly corner of said Lot 1, Carver County, Minnesota. The centerline of said easement is described as follows: Commencing at the southeast comer of said Lot I; thence on an North 00 degrees 16 minutes 25 seconds West, along the east line of said Lot 1, a distance of 537.70 feet, to the most northernly comer of said Lot 1; thence South 42 degrees 40 minutes 16 seconds West, a distance of 444.16 feet; to the point of beginning of the centerline to be described; thence South 45 degrees 14 minutes 04 seconds East, a distance of 18.55 feet; thence southeasterly, a distance of 66.24 feet along a tangential curve, concave to the northeast, having a radius of 115.58 feet and a central angle of 32 degrees 50 minutes 14 seconds; thence easterly, a distance of 44.69 feet along a compound curve concave to the north, having a radius of 56.19 feet and a central angle of 45 degrees 34 minutes 36 seconds; thence northeasterly a distance of 53.82 feet along a reverse curve, concave to the southeast, having a radius of 225.00 feet, and a central angle of 13 degrees 42 minutes 19 seconds; thence North 70 degrees 03 minutes 41 seconds East, tangent to said curve, a distance of 34.50 feet; thence easterly, a distance of 70.35 feet along a tangential curve, concave to the south, having a radius of 145.50 feet, and a central angle of 27 degrees 42 minutes 12 seconds; thence easterly, a distance of 42.08 feet along a reverse curve, concave to the north, having a radius of 52.00 feet, and a central angle of 46 degrees 21 minutes 42 seconds, to the east line of said Lot 1 and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said Line A and the east line of Lot 1.