93-123 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: December 13, 1993
RESOLUTION NO:
93-123
MOTION BY: Mason SECONDED BY: Wing
A RESOLUTION VACATING CERTAIN DRAINAGE EASEMENTS LOCATED
WITHIN THE PLAT OF ITHILIEN AND SURROUNDING
1275 LILAC LANE, CITY OF CHANHASSEN
WHEREAS, pursuant to Minnesota Statutes § 412.851, the Chanhassen City Council has
conducted a public hearing preceded by two (2) weeks published and posted notice to consider
the vacation of that certain drainage easement dated December 12, 1990, recorded with Carver
County on December 28, 1990, as Abstract Document No. 120554, and legally described as
follows:
The part of the north 40 rods of the west 40.00 rods of the Northeast Quarter of the
Northwest Quarter of Section 2, Township 116, Range 23, described as follows:
Commencing at the northeast corner of said north 40.00 rods of the west 40.00 rods of
the Northeast Quarter of the Northwest Quarter; thence South 0-° 44' 10" West, assumed
bearing, along the east line of said West 40.00 rods of the Northeast Quarter of the
Northwest Quarter, a distance of 395.05 feet; thence North 89-0 15' 50" West a distance
of 27.00 feet to the point of beginning of the easement to be described; thence North 81°-
24' 15" West a distance of 144.84 feet; thence South 71-0 45' 00" West a distance of
134.00 feet; thence South 9-0 45' 00" West a distance of 152.00 feet; thence South 79-0 05'
00" East a distance of 250.00 feet; thence North 19-0 41' 59" East a distance of 147.53
feet; thence North 00-0 44' 10" East a distance of 78.57 feet to the point of beginning; and
WHEREAS, it appears that it is in the public interest to vacate the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
1. The above described easement is hereby Vacated.
.
The City Clerk is directed to file a certified copy of this resolution with the
County Auditor and County Recorder in and for Carver County, Minnesota.
Passed and adopted by the Chanhassen City Council this 13th day of December,
1993.
ATTEST:
Don Ashworth, City4g[erk/Manager
YES
NO
ABSENT
Chmiel
Dockendorf
Mason
Senn
Wing
ADDENDUM "A"
TO
EASEMENT AGREEMENT
AGREEMENT dated
, 1993, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, the Grantee,
(hereinafter referred to as "City"); and ~ORDON G. JOHNSON and
JOELE M. JOHNSON, husband and wife, and CLIFFORD G. JOHNSON and
THELMA I. JOHNSON, husband and wife (hereinafter collectively
referred to as "Grantors").
RECITALS
A. Prior Easement. The Grantors have previously granted the
City a permanent easement for public utility and drainage purposes
dated December 10, 1990, and recorded with the Carver County
_ .
Recorder on December 28, 1990, as Abstract Document No. 120557.
B. Erroneous Legal Description. -It has been determined by
the parties that the aforementioned Easement Agreement contains an
erroneous legal description.
NOW, THEREFORE, it is hereby agreed by the parties:
.
1. The aforementioned Easement Agreement recorded as Abstract
Document No. 120557 with the Carver County Recorder shall remain in
full force and effect except as specifically mOdified by this
Addendum.
2. The legal description of the aforementioned Easement
Agreement shall be modified as set forth in the attached Exhibit
. .
"a". ' --. , .- - '
.
..
.
..
I~ WITNESS ~tEREO~ this'Addendum'was exe~mlted by the parties
the day and year first above written.
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CITY OF CHANHASSEN
(SEAL)
BY'
AND
Donald J. Chmiel, Mayor
Don Ashworth, City Manager
GRANTORS:
GORDON G. JOHNSON
.
JOELE M. JOHNSON
CLIFFORD G. JOHNSON
THELMA I. JOHNSON
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1993, by Donald J. Chmiel and by Don
Ashworth, respectively the Mayor and City Manager of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1993, by Gordon G. Johnson and Joele
M. Johnson, husband and wife.
NOTARY PUBLIC
4400 2 r04/05/93
STATE OF )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1993, by Clifford G. Johnson and
Thelma I. Johnson, husband and wife.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
JRW:srn
4400
rO4/OS/9~S
EXHIBIT
Parcel Description:
That part of the North 40 rods of the West 40 rods of the Northeast
Quarter of the Northwest Quarter of Section 2, Township 116, Range
23, Carver County, Minnesota, described as follows:-
Commencing at the northwest corner of said Northeast Quarter of the
Northwest Quarter; thence easterly along the north line of said
Northeast Quarter of the Northwest Quarter a distance of 476.89
feet to the point of beginning of the land to be described; thence
southerly deflecting to the right 90° 44' 10" a distance of 237.77
feet; thence easterly deflecting to the left 90° 44' 10" a distance
of 183.12 feet to the east line of said West 40 rods of the North-
east Quarter of the Northwest Quarter; thence northerly along said
east line to the north line of said Northeast Quarter of the
Northwest Quarter; thence westerly along said north line to the
point of beginning. ._ _
Corrective Easement Description:
The South 10.0 feet of the North 27.00 feet and the West 10.00 feet
of the East 27.00 feet of the North 40 rods of the West 40 rods of
the Northeast Quarter of the Northwest Quarter of Section 2,
Township 116, Range 23, Carver County, Minnesota, which lies within
the parcel described above.
There is no conveyance intended for any easement premises lying
outside of the above described parcel description.
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