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97-09DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Januar~ 27~ 1997 RESOLUTION NO: 97-09 Berquist SECONDED BY: Mason A RESOLUTION APPROVING THE RELEASE OF AGREEMENT AND VACATION OF THE SANITARY SEWER EASEMENT OVER LOT 13 AND A PORTION OF LOTS 14 AND 16, AUDITOR'S SUBDIVISION NO. 2 WHEREAS, the City of Chanhassen, formerly known as the Village of Chanhassen, a municipal corporation under the laws of the State of Minnesota, for valuable consideration, does hereby forever discharge and release and vacate the following described land in the County of Carver, State of Minnesota: All of Lot 13 and all that part of Lots 14 and 16 lying West of a line drawn from a point in the South line of said Lot 16, 181.4 feet West of the Southeast comer thereof to a point in the Northerly line of said Lot 14, 104.5 feet Westerly from the Northeast comer of said lot 14, except that part of said Lot 16 from a point in the said South line of said Lot, 420 feet East from the Southwest comer of said Lot; all in Auditor's Subdivision Number Two, Carver County, Minnesota, according to the recorded plat thereof. Also the South 33 feet of the West 156.4 feet of the East 189.4 feet of said Lot 16, Auditor's Subdivision No. 2, Carver County Minnesota. from all claims, liens and rights of and under that certain Agreement and Easement granted to the Village of Chanhassen by HARVEY R. KRUSE AND MARJORIE C. KRUSE, husband and wife, and T. H. deLANCEY and SALLY A. deLANCEY, husband and wife, dated November 20, 1967 and recorded March 8, 1976, in Book 26 of Miscellaneous, Page 267, as Document No. 28354; and WHEREAS, a public hearing was held on said petition on January 27, 1997; and WHEREAS, said public hearing was preceded by two weeks published and posted notice as required by Section 412.851 of Minnesota Statutes; and WHEREAS, there is no public interest to be served by the continued public ownership of that portion of the described easements. NOW, THEREFORE, BE IT RESOLVED that any and all of the described easements and agreements are hereby vacated. Passed and adopted by the Chanhassen City Council this 27th day of January, 1997. ATTEST: Don Ashworth, City Clerk/Manager Nancy K. Mancino, Mayor YES Mancino Berquist Mason Engel NO ABSENT None Senn