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2018-40CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: Au¢ust 13.2018 RESOLUTION NO: 2018-40 MOTION BY: Ryan SECONDED BY: McDonald A RESOLUTION VACATING PART OF AN EASEMENT 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 a portion of the conservation easement, legally described on the attached Exhibit "A", which was dedicated by the recording of a conservation easement with the Carver County Recorder on September 16, 1994, as Document No. 172019 ("Easement"); and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate a portion of the Easement, as legally described on the attached Exhibit `B" ("Vacated Area'). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. In light of the history of this portion of the easement, the Vacated Area has no apparent present or future benefit to the public, and the vacation of said Vacated Area is in the interest of the public. 2. The Vacated Area is hereby vacated. 3. The remaining portion of the Easement shall be as legally described in the attached Exhibit "C". 4. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. Passed and adopted by the Chanhassen City Council this 13a' day of August, 2018. AT T: odd Gerhardt, City Manager YES Laufenburger McDonald Tjomhom Ryan Campion NO ABSENT EXHIBIT A Description of Easement: The north 50 feet of Lot 1, Block 1, MINGER ADDITION, all in Chanhassen, Carver County, Minnesota. Description of Vacated Area: That part of the north 50 feet of Lot 1, Block 1, MINGER ADDITION, according to the recorded plat thereof, Carver County Minnesota, lying westerly and southerly of the following described line: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of South 01 degrees 39 minutes 33 seconds West along the east line of said Lot 1 a distance of 50.00 feet to the south line of said north 50.00 feet of Lot 1; thence North 88 degrees 20 minutes 29 seconds West along said south line of the north 50.00 feet of Lot 1 a distance of 28.78 feet to the point of beginning of said line; thence North 08 degrees 01 minutes 19 seconds East a distance of 33.08 feet; thence North 29 degrees 02 minutes 54 seconds West a distance of 8.28 feet; thence North 88 degrees 20 minutes 29 seconds West a distance of 85.37 feet; thence South 52 degrees 50 minutes 14 seconds West a distance of 15.36 feet; thence North 45 degrees 47 minutes 51 seconds West a distance of 16.65 feet; thence North 76 degrees 55 minutes 20 seconds West a distance of 13.28 feet; thence South 17 degrees 18 minutes 24 seconds West a distance of 4.43 feet; thence North 88 degrees 20 minutes 29 seconds West a distance of 130.78 feet to the southwest line of said Lot 1 and said line there terminating. EXHIBIT C Description of remainder of Easement: That part of the north 50 feet of Lot 1, Block 1, MINGER ADDITION, according to the recorded plat thereof, Carver County Minnesota, lying easterly and northerly of the following described line: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 01 degrees 39 minutes 33 seconds West along the east line of said Lot 1 a distance of 50.00 feet to the south line of said north 50.00 feet of Lot 1; thence North 88 degrees 20 minutes 29 seconds West along said south line of the north 50.00 feet of Lot 1 a distance of 28.78 feet to the point of beginning of said line; thence North 08 degrees 01 minutes 19 seconds East a distance of 33.08 feet; thence North 29 degrees 02 minutes 54 seconds West a distance of 8.28 feet; thence North 88 degrees 20 minutes 29 seconds West a distance of 85.37 feet; thence South 52 degrees 50 minutes 14 seconds West a distance of 15.36 feet; thence North 45 degrees 47 minutes 51 seconds West a distance of 16.65 feet; thence North 76 degrees 55 minutes 20 seconds West a distance of 13.28 feet; thence South 17 degrees 18 minutes 24 seconds West a distance of 4.43 feet; thence North 88 degrees 20 minutes 29 seconds West a distance of 130.78 feet to the southwest line of said Lot 1 and said line there terminating.