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92-49 City of Chanhassen Carver and Hennepin Counties, Minnesota DATE: ADril 13, 1992 RESOLUTION NO: 92-49 MOTION BY: Mason SECONDED BY: Wing RESOLUTION VACATING UTILITY EASEI,',ENT AT 7600 ERIE AVENUE W~EREAS, the City has been petitioned by the property owner, Robert Amoruso at 7600 Erie Avenue to Vacate the utility easement lying over the northerly 25 feet of the property; and W~EREAS, a public hearing was held on said petition on April 13, 1992; and W~ER~AS, said public hearing was preceded by two weeks published and posted notice as required by Section 412.851 of Minnesota Statutes; and W~EREAS, Mr. Amoruso's house is currently located in ~he easement which was conveyed in 1989. Staff believes the easement description was prepared in error since the actual utility lines lie north of said property; and W~ER~AS, there are no public utilities and no public interest to be served by the continued public ownership of that portion of the above described drainage and utility easements and right-of- way. NOW, THEReFORe, BE IT R~SOLV~D that the City Council of the City of Chanhassen approves vacation of a portion of a utility easement as described on attachment 2. Passed and adopted by the Chanhassen City Council this 13th day of April, 1992. ATTEST: Don , City Clerk/Manager YES NO ABSENT Chmiel Workman Wing Mason None Dimler A'ITACHMENT NO. 2 The City hereby vacates the utility easement over the southerly 20 feet of the northerly 25 feet of the following described parcel: The East 150 feet of the North 110 feet of the following described property: That part of the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 116, Range 23, Carver County, Minnesota described as follows: Beginning at a point on the North line of St. Aloys Street 200 feet East of the intersection of said North line with the East line of St. Francis Street extended, in the Village of Chanhassen, according to the plat of said Village on file and of record, in the office of the Register of Deeds of said County; thence North parallel to the East line of St. Francis Street Extended, 588.92 feet, more or less, to the South line of Government Lot 4 of said Section 12, the point of commencement of the parcel of land hereby conveyed; thence East along the South line of said Lot 4, 582.9 feet to the Northeast comer of the Southwest 1/4 of the Southeast 1/4 of said Section 12; thence South along the East line of said Southwest 1/4 of the Southeast 1/4 of Section 12, 111.7 feet to the Northeasterly line of St. Joseph Street; thence Southwest along said Northeasterly line of St. Joseph Street, 50.4 feet; thence West parallel with the North line of St. Aloys Street, 551.7 feet; thence North parallel to the East line of St. Francis Street extended, 150 feet to the point of beginning. EXCEPTING therefrom that part of the above described tract lying East of a line drawn at right angles to the North line from a point on the North line thereof, distant 33 feet West of the Northeast corner of said tract, and situate in Carver County, Minnesota.