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97-73DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA September 8, 1997 RESOLUTION NO: 97- 73 Berquist SECONDED BY: Mason A RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY EASEMENT AND SANITARY SEWER AND WATERMAIN EASEMENT LOCATED IN LOT 1, BLOCK 1, FRONTIER CINEMA ADDITION WHEREAS, the Chanhassen Properties LLC has petitioned for the vacation of a right-of- way easement and sanitary sewer and watermain easement in an effort to redevelop the site as a cinema complex. The easement is described as follows: An easement for public right-of-way, street and utility purposes over, under and across that part of the following described property: The South 60.00 feet of the North 560.00 feet of the West 180.00 feet of the Northeast Quarter of the Northwest Quarter of Section 12, Township 116 North, Range 23 West, of the 5th Principal Meridian that lies within Lot 1, Block 1, FRONTIER C1NEMA ADDITION, Carver County, Minnesota, according to the record plat thereof. In return for the vacation the applicant will rededicate to the city a 45 foot wide utility easement as described in Exhibit A (Grant of Permanent Easement). WHEREAS, a public hearing was held on said petition on September 8, 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 the right-of-way easement. NOW, THEREFORE, BE IT RESOLVED that any and all of the described easements are hereby vacated conditioned upon the applicant providing the City with a permanent utility easement over Lot 1, Block 1, Frontier Cinema Addition as denoted on Exhibit A. Passed and adopted by the Chanhassen City Council this 8th day of September, 1997. ATTEST: Don Ashworth, City Clerk/Manager YES Mancino Mason Berquist Senn Engel NO None Nancy K. Mancino, Mayor ABSENT None