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G-1. Fretham 15th Vacation of Easements0 CITY OF CHANHASSEN 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: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer FROM: Stephanie Smith, Project Engineer DATE: November 23, 2015 U94; SUBJ: Approve Vacation of Public Drainage and Utility Easements on the Property Line Between Lots 1 and 2, Block 1, FRETHAM 15TH ADDITION — Planning Case File No. 13 -04 PROPOSED MOTION "The City Council adopts a resolution approving the vacation of all the drainage and utility easements on the property line between Lots 1 and 2, Block 1, FRETHAM 15TH ADDITION." City Council approval requires a simple majority vote of those present. BACKGROUND The Drainage and Utility (D &U) Easements over Lots 1 and 2, Block 1, FRETHAM 15TH ADDITION were dedicated with the plat. Figure 1 shows the location of the easement centered on the property line between the two lots. The City does not have utilities or drainage features located in the D &U easements. A Gopher State One Call determined there are no private utilities located in the proposed vacation area. 3I 'e Ito �. ), 4 , Proposed Vacation 11M N 11611. I Tv' Figure 1 —Proposed D& U Easement Vacation Chanha� er�is a 3 mmulpjjt� �Oisiril3—vacation Providing morToo and Planning for Tomorrow g: \eng \vacations ret am 1 tl� - pc Paul Oehme Vacation of ROW- Fretham 15'h November 23, 2015 Page 2 PROPOSAL The developer plans to do a lot line adjustment of the property line between Lots 1 and 2, Block 1, FRETHAM 15th Addition. In order to maintain a public D &U easement around the perimeter of each lot, the developer applied for a vacation of the current D &U easement. The developer would then, dedicate a new D &U easement centered on the revised property line as shown in Figure 2. This new D &U easement would follow the City Code required for perimeter easements. This easement vacation will be recorded only on the condition that the lot line adjustment and the new D &U easement are to be recorded. 3 tf o~ O�tFf'� :tom O4 �• 4 1 j� '�•` ,'� V y, �s I'4� F T � 3 .SE1tfNr Ft$ 1Y.AT'^�N .1'+ J a WOO _ Q cif a 547°3524 -w 1190 s FRAM'+ - m,,, EASYMFMr w BE DEDIC'A.rt✓ I RAfW.CE t VfUrA Asrw wr FFR FLA ri _ JIB �" ioo.tm n D 0 30 60 120 SCALE IN FEET Figure 2 - Proposed Lot Line Adjustment and New D &UEasement Attachments: 1. Existing Drainage and Utility Easement Exhibit 2. Proposed Lot Line Adjustment and New Drainage and Utility Easement 3. Vacation Application 4. Published Notice of Public Hearing 5. Affidavit of Mailing 6. Resolution g: \eng \vacations \fretham 15th - pc 13-04\151123—vacation memo.docx :tom p -f- i . F T � 3 .SE1tfNr Ft$ 1Y.AT'^�N .1'+ J a WOO _ Q cif a 547°3524 -w 1190 s FRAM'+ - m,,, EASYMFMr w BE DEDIC'A.rt✓ I RAfW.CE t VfUrA Asrw wr FFR FLA ri _ JIB �" ioo.tm n D 0 30 60 120 SCALE IN FEET Figure 2 - Proposed Lot Line Adjustment and New D &UEasement Attachments: 1. Existing Drainage and Utility Easement Exhibit 2. Proposed Lot Line Adjustment and New Drainage and Utility Easement 3. Vacation Application 4. Published Notice of Public Hearing 5. Affidavit of Mailing 6. Resolution g: \eng \vacations \fretham 15th - pc 13-04\151123—vacation memo.docx < r . G \ IT 10.E — -' RA /NAGE & �ZO j0* r 15 51 LO cm � \ I 110 W 0 r I _ N N N N co P I Zo L0 N 04 I r Z i '�- � g �I IF `� z 5 LO to l �O \ i X10 "r I I 3 i I I TO I 6 I J L_ - - - -- �Z --- - - --110 0 90.00 0 0 100.00 0 N47036'24 "E 190.00 - rn Cr) DRAINAGE AND UTILITY EASEMENT TO BE VACATED VACATION OF DRAINAGE AND UTILITY EASEMENT: That part of the drainage and utility easements being 5 feet in width and adjoining each side of the common lot line of Lot 1 and Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. Design File: 215- 0123base Checked By. DPE Dwg Name: Drawn By. 2150123vac GJB Date: Scale: 10/16/15 1 " =60' VACATION OF DRAINAGE AND UTILITY EASEMENTS EXHIBIT CHANHASSEN, MINNESOTA Alliant Engineering, Inc. 233 Park Ave S, Ste 300 Minneapolis, MN 55415 812.758.3080 MAIN 812.758.3089 FAX www.aJIlant- inc.com a& 0� Checked DBO LOT LINE ADJUSTMENT AND DRAINAGE AND UTILITY EASEMENT EXHIBIT 0� Goy. ok r• Q' Dwg Name: S `Ti ��!- t. caB SHEETS 2 OF 2 SHEETS CHANHASSEN, MINNESOTA Ok Date: scale: 10/18/15 1 " =60' ' 0 oc� v N,�6 ,s - � C3 I - I DRA /NAG J % COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHANNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date PC Date: CC Date: 60 -Day Review Date Section Application Type apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment.. ....................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less ......... ............................... 5300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Conditional Use Permit (CUP) ( lots) ❑ Single - Family Residence . ............................... $325 ...................... ❑ Metes & Bounds (2 lots) .................................. $300 ❑ All Others ................ .............. ...........................$425 .... ............................... ❑ Consolidate Lots ...........$150 ❑✓ Lot Line Adjustment .............. ...........................$150 ❑ Interim Use Permit (IUP) ❑ Final Plat ...................... ............................... ..... $700 ❑ In conjunction with Single - Family Residence.. $325 (Includes $450 escrow for attorney costs)" ❑ All Others .......................... ............................... $425 'Additional escrow may be required for other applications through the development contract E:1 Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑✓ Vacation of Easements /Right -of -way (VAC) ...... $300 ❑ Minor Amendment to existing PUD ................. $100 (Additional recording fees may apply) ❑ All Others .......................... ............................... $500 ❑ ............................. Variance (VAR). I I . .... I ......... . .. $200 ❑ Sign Plan Review..... ............... ............................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single- Family Residence ............................... $150 ❑ Administrative.......... ......... ............................... $100 ❑ All Others........................ ............................... $275 ❑ Commercial /Industrial Districts` ...................... $500 ❑ Zoning Appeal ....................... ............................... $100 Plus $10 per 1,000 square feet of building area: ( thousand square feet) F1 Zoning Ordinance Amendment (ZOA) ................. $500 `Include number of exislin employees: 'Include number of new employees _ F-1 Residential Districts.......... ................... $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit ( units) the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove) ....................................................................................... ............................... $200 ❑ Property Owners' List within 500' (City to generate after pre - application meeting) ................... ............................... $3 per address ( 30 addresses) ❑ Escrow for Recording Documents (check all that apply) ........................................ ............................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) $540.00 TOTAL FEE: Section 2: Required Information Description of Proposal: Request approval of a Lot line adjustment between Lot 1 and 2 of Fretham 15th Addition. Request also requires vacation and relocation of existing sideyard easement and Property Address or Location: _ Parcel #: 2529800010 and 2529800020 Legal Description: 6270 and 6280 Chaska Road, Chahassen, MN. Lot 1, Block 1 and Lot 2, Block 2, FRETHAM 15TH ADDITION, Carv( Total Acreage: 128 Wetlands Present? Yes ❑ No Present Zoning: Single - Family Residential District (RSF) Requested Zoning: Select One No Change Present Land Use Designation: Residential Medium Der Requested Land Use Designation: Select One No Change Existing Use of Property: Recently subdivided into single family lots ❑ Check box is separate narrative is attached. This application must be -completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application, PROJECT ENGINEER (if applicable) Name: Alliant Engineering, Inc, Contact: Mark Rausch Address: 233 Park Ave. S. Suite 300 Phone: (612) 767-9339 City/State/Zip: Minneapolis, MN. 55415 Cell: Email- mrausch@alHant-inc.com Fax: Section 4: Notification Who should receive copies of staff reports? Information *Other Contact Information: 0 Property Owner Via: 0 Email 0 Mailed Paper Copy Name: I 1 -1 - Applicant Via: Email Mailed Paper Copy Address:, Engineer Via: Email Mailed Paper Copy City/State/Zip: 0 Other- Via: 0 Email Mailed Paper Copy Emaik INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required), [7--- — SAVE :RIN:T�FO�RM] Ep CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, November 23, 2015, 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 drainage and utilities described as being 5 feet in width and adjoining each side of the common lot line of Lot 1 and Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952- 227 -1165 (Publish in the Chanhassen Villager on November 12 and 19, 2015) g: \eng \vacations \fretham 15th - pc 13 -04 \ph notice to paper.doc 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 November 10, 2015, 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 Public Hearing for Vacation of Public Drainage and Utility Easement in Fretham 15th Addition, Planning Case File No. 13 -04 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. Kare J. E n g h dt, Depot Clerk k Subscribed and sworn to before me this (4: 'day of 0 2015. `� Notary Public REALTY INCOME PROPERTIES 3 LLC CHASKA ROAD LLC LESLIE A POLTRACK 11995 £L CAMINO REAL 14525 HIGHWAY 7 STE 335 164 DOUD DR SAN DIEGO, CA 92130 -2539 MINNETONKA, MN 55345 -3739 LOS ALTOS, CA 94022 -2369 ROBERT E LEE III FAZEL HARTS & SARIKA HARTS SCP PE CHAN LLC 16827 WILLOW LN SW 16893 SADDLEWOOD TRAIL 2227 UNIVERSITY AVE PRIOR LAKE, MN 55372 -2364 MINNETONKA MN 55345 SAINT PAUL, MN 55114 -1625 THOMAS A & KIMBERLY P GALLOGLY SPENCER L GOLDSMITH BRADD W & JILL L SCHNEIDER 2230 SOMMERGATE 2231 SOMMERGATE 2240 SOMMERGATE EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -8800 LYNDA M KUZMA GARRETTTRAPNELL PAUL & JUDITH A POITEVENT 2241 SOMMERGATE 2280 MELODY HILL RD 2300 MELODY HILL RD EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -8891 EXCELSIOR, MN 55331 -8893 DAVID L & MARY JO WILLADSEN MARK S & LORENA M FLANNERY FRANK L & GRETA REESE 2325 MELODY HILL RD 2350 MELODY HILL RD 6200 CHASKA RD EXCELSIOR, MN 55331 -8894 EXCELSIOR, MN 55331 -8893 EXCELSIOR, MN 55331 -8823 ROBERT F SOMMER MARINA M CROCKER CAROL JEAN GOOD 6239 CHASKA RD 6240 CHASKA RD 6245 CHASKA RD EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8823 EXCELSIOR, MN 55331 -8824 JOSEPH M PFANKUCH JOSEPH G FISCHER REV INTERVIVOS TRUST JOHN E & JENNY M AULICK 6250 CHASKA RD 6251 CHASKA RD 6257 CHASKA RD EXCELSIOR, MN 55331 -8823 EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8824 GLENN D JOHNSTON JR DENNIS L & SHIRLEY M PETERSON VIRGINIA A RODE 6263 CHASKA RD 6269 CHASKA RD 6275 CHASKA RD EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8824 CHRISTOPHER OHLAND MATTHEW ALLAN KLOSKOWSKI JEFFREY & CHRISTINA M WUNROW 6285 CHASKA RD 6287 CHASKA RD 6361 MELODY LN EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -6405 DAMON M JOHNSON MICHAEL C TOBIN DANIEL REICH 6366 MELODY LN 6377 MELODY LN 6378 MELODY LN EXCELSIOR, MN 55331 -6402 EXCELSIOR, MN 55331 -6405 EXCELSIOR, MN 55331 -6402 JASON REYNOLDS 6390 MELODY LN EXCELSIOR, MN 55331 -6402 STEVENS INVESTMENTS LLC CHINN FAMILY POWELL REV TRUST 6505 FOX HOLLOW CT PO BOX 1159 CHANHASSEN, MN 55317 -9265 DEERFIELD, IL 60015 -6002 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, November 23, 2015, 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 drainage and utilities described as being 5 feet in width and adjoining each side of the common lot line of Lot 1 and Lot 2, Block 1 FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. See the easement map below: / J -d t y� 1 PO N i 1 � i — N4'" 'E 19(100 BE v<G rm The proposed resolution is enclosed. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952- 227 -1165 (Published in the Chanhassen Villager on November 12 and 19, 2015) gAengWacationsWretham 15th - pc 13 -04 \ph notice to mail.doc CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: November 23, 2015 RESOLUTION NO: MOTION BY: SECONDED BY: 2015 -XX RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENT AT FRETHAM 15TH ADDITION WHEREAS, the Property Owner of Lots 1 and 2, Block 1, FRETHAM 15TH ADDITION, desires to adjust the shared lot line of the parcels which would require vacation of the existing 5 foot drainage easement abutting the shared lot line and the grant of new 5 foot drainage and utility easements for the adjusted lot line; WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit "A "; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easement conditioned upon the lot line adjustment as proposed and grant of new 5 foot drainage and utility easements abutting the adjusted lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easement legally described on the attached Exhibit A is hereby vacated. 2. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County in accordance with Paragraphs 3 and 4 of this Resolution. 3. This resolution shall be recorded prior to but concurrent with the recording of the appropriate deeds that allocates that portion of Lot 2, Block 1, FRETHAM I STH ADDITION as described in Exhibit B to Lot 1, Block 1, FRETHAM 15TH ADDITION. 4. This resolution shall be recorded prior to but concurrent with the recording of the new drainage and utility easement as described in Exhibit C. Passed and adopted by the Chanhassen City Council this 23`d day of November, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" Drainage and Utility Easement Proposed to Be Vacated: That part of the drainage and utility easements being 5 feet in width and adjoining each side of the common lot line of Lot I and Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. EXHIBIT `B" Property to be allocated to Lot 1, Block 1, FRETHAM 15TH ADDITION: That part of Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Beginning at the northwest corner of said Block 1; thence on an assumed bearing of South 04 degrees 13 minutes 06 seconds West 16.84 feet along the westerly line of said Lot 2; thence South 43 degrees 49 minutes 22 seconds East 172.34 feet; thence South 71 degrees 55 minutes 07 seconds East 43.88 feet to the southwesterly line of said Lot I; thence North 44 degrees 04 minutes 26 seconds West 215.37 feet to the westerly corner of said Lot 1; thence North 89 degrees 54 minutes 10 seconds West 10.00 feet to the point of beginning. EXHIBIT "C" Proposed Drainage and Utility Easement: A 10.00 foot wide public easement for drainage and utility purposes over, under and across that part of Lot 1 and Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of said Block I; thence on an assumed bearing of South 04 degrees 13 minutes 06 seconds West 16.84 feet along the westerly line of said Lot 2 to the point of beginning of said line; thence South 43 degrees 49 minutes 22 seconds East 172.34 feet; thence South 71 degrees 55 minutes 07 seconds East 43.88 feet to the southwesterly line of Lot I; thence South 46 degrees 55 minutes 44 seconds East 51.00 feet along the southwesterly line of Lot I; thence South 51 degrees 05 minutes 50 seconds East 73.00 feet to the most southerly corner of said Lot I and there said line terminating. The sidelines of said easements are prolonged or shortened to terminate on the southeasterly 10.00 foot wide drainage and utility easement and the irregular, variable width northwesterly drainage and utility easement as dedicated and shown on said plat. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: November 23, 2015 RESOLUTION NO: 2015 -XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENT AT FRETHAM 15TH ADDITION WHEREAS, the Property Owner of Lots 1 and 2, Block 1, FRETHAM 15TH ADDITION, desires to adjust the shared lot line of the parcels which would require vacation of the existing 5 foot drainage easement abutting the shared lot line and the grant of new 5 foot drainage and utility easements for the adjusted lot line; WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit "A "; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public drainage and utility easement conditioned upon the lot line adjustment as proposed and grant of new 5 foot drainage and utility easements abutting the adjusted lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public drainage and utility easement legally described on the attached Exhibit A is hereby vacated. 2. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County in accordance with Paragraphs 3 and 4 of this Resolution. 3. This resolution shall be recorded prior to but concurrent with the recording of the appropriate deeds that allocates that portion of Lot 2, Block 1, FRETHAM 15TH ADDITION as described in Exhibit B to Lot 1, Block 1, FRETHAM 15' ADDITION. 4. This resolution shall be recorded prior to but concurrent with the recording of the new drainage and utility easement as described in Exhibit C. Passed and adopted by the Chanhassen City Council this 23r1 day of November, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXIIIBIT "A" Drainage and Utility Easement Proposed to Be Vacated: That part of the drainage and utility easements being 5 feet in width and adjoining each side of the common lot line of Lot 1 and Lot 2, Block 1, FRETHAM 151 ADDITION, according to the recorded plat thereof, Carver County, Minnesota. EXHIBIT "B" Property to be allocated to Lot 1, Block 1, FRETHAM 15TH ADDITION: That part of Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Beginning at the northwest corner of said Block 1; thence on an assumed bearing of South 04 degrees 13 minutes 06 seconds West 16.84 feet along the westerly line of said Lot 2; thence South 43 degrees 49 minutes 22 seconds East 172.34 feet; thence South 71 degrees 55 minutes 07 seconds East 43.88 feet to the southwesterly line of said Lot I; thence North 44 degrees 04 minutes 26 seconds West 215.37 feet to the westerly corner of said Lot 1; thence North 89 degrees 54 minutes 10 seconds West 10.00 feet to the point of beginning. EXHIBIT "C" Proposed Drainage and Utility Easement: A 10.00 foot wide public easement for drainage and utility purposes over, under and across that part of Lot 1 and Lot 2, Block 1, FRETHAM 15TH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of said Block I; thence on an assumed bearing of South 04 degrees 13 minutes 06 seconds West 16.84 feet along the westerly line of said Lot 2 to the point of beginning of said line; thence South 43 degrees 49 minutes 22 seconds East 172.34 feet; thence South 71 degrees 55 minutes 07 seconds East 43.88 feet to the southwesterly line of Lot I; thence South 46 degrees 55 minutes 44 seconds East 51.00 feet along the southwesterly line of Lot I; thence South 51 degrees 05 minutes 50 seconds East 73.00 feet to the most southerly corner of said Lot I and there said line terminating. The sidelines of said easements are prolonged or shortened to terminate on the southeasterly 10.00 foot wide drainage and utility easement and the irregular, variable width northwesterly drainage and utility easement as dedicated and shown on said plat.