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2022-74 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 10, 2022 RESOLUTION NO: 2022-74 MOTION BY: McDonald SECONDED BY: Rehm RESOLUTION VACATING A SEGMENT OF PUBLIC RIGHT OF WAY (ALLEY) 7701 FRONTIER TRAIL WHEREAS, Daniel Burke (“Applicant”) has applied for vacation of a portion of alley abutting their property located at 7701 Frontier Trail, Chanhassen, Minnesota, 55317 and legally described as follows: Lot 10 and the west 10 feet of Lot 9, Block 4, ST. HUBERTUS, Chanhassen, Carver County, Minnesota, according to the recorded plat thereof (“Applicant Property”); and WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: Beginning at the southwest corner of Lot 10, Block 4, ST. HUBERTUS, Carver County, Minnesota; thence north 89 degrees 52 minutes 36 seconds east, assumed bearing along the south line of said Lot 10 and the south line of said Lot 9, a distance of 70.29 feet to the east line of the west 10 feet of said Lot 9; thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline of said alley, a distance of 8.00 feet; thence south 89 degrees 52 minutes 36 seconds west, along said centerline, a distance of 70.33 feet to the southerly extension of the east line of said lot 10; thence north 00 degrees 11 minutes 15 seconds east, along said southerly extension, a distance of 8.00 feet to the point of beginning (“Easement”); and WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easement is not needed for public purposes, except that a drainage and utility easement should be kept over the Easement for drainage and utility purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The following Easement is vacated subject to the conditions provided in this Resolution and retaining a drainage and utility easement over the entire area located within the boundary of the Easement: The vacation of a portion of the alley located in Block 4, St. Hubertus, Carver County, Minnesota described as follows: DocuSign Envelope ID: A847426B-0D97-4C8C-ABC5-1F96C04B1F0B 2 Beginning at the southwest corner of Lot 10, Block 4, St. Hubertus, Carver County, Minnesota; thence north 89 degrees 52 minutes 36 seconds ease, assumed bearing along the south line of said Lot 10 and the south line of said Lot 9, a distance of 70.29 feet to the east line of the west 10 feet of said Lot 9; thence south 00 degrees 07 minutes 24 seconds east, perpendicular to the centerline of said alley, a distance of 8.00 feet; thence south 89 degrees 52 minutes 36 seconds west, along said centerline, a distance of 70.33 feet to the southerly extension of the east line of said Lot 10; thence north 00 degrees 11 minutes 15 seconds east, along said southerly extension, a distance of 8.00 feet to the point of beginning (“Easement”) 2. The vacation of the Easement is conditioned upon the retainage of a drainage and utility easement over the entire Easement. 3. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 4. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easements identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 10th day of October, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan Schubert McDonald Campion Rehm DocuSign Envelope ID: A847426B-0D97-4C8C-ABC5-1F96C04B1F0B