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2014-45 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA DATE: June 23,2014 RESOLUTION NO: 2014-45 MOTION BY: Tjornhom SECONDED BY: McDonald 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. ATT ,.r. /1 r � •• Gerhardt, City Manager Thomas A. Furlong, May r YES NO ABSENT Furlong Laufenburger Ernst McDonald Tjornhom 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, Blockl,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.