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2022-78 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 24, 2022 RESOLUTION NO: 2022-78 MOTION BY: Campion SECONDED BY: McDonald RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY IROQUOIS ROAD WHEREAS, John J. O’Brien, Trustee of the Frances M. O’Brien Revocable Trust (“Applicant) has applied for vacation of Iroquois Road abutting their property located at 450 Indian Hill Road, Chanhassen, Minnesota, 55317 and legally described as follows: Lots 5 and 6, PLEASANT VIEW, 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: All that part of Iroquois Road, formerly known as Oak Grove Avenue, as shown on PLEASANT VIEW, according to the recorded plat thereof, Carver County, Minnesota, being a strip of land 15.00 feet in width, the southwesterly line of which is contiguous with the northeasterly line of Lots 5 and 6, in said plat. Said strip of land is to extend by its full width from the northeasterly extension of the northwesterly line of said Lot 6, to the Northeasterly extension of the Southeasterly line of said Lot 5 (“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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The following Easement for Iroquois Road is vacated subject to the conditions provided in this Resolution: a. All that part of Iroquois Road, formerly known as Oak Grove Avenue, as shown on PLEASANT VIEW, according to the recorded plat thereof, Carver County, Minnesota, being a strip of land 15.00 feet in width, the southwesterly line of which is contiguous with the northeasterly line of Lots 5 and 6, in said plat. Said strip of land is to extend by its full width from the northeasterly extension of the northwesterly line of said Lot 6, to the Northeasterly extension of the Southeasterly line of said Lot 5 (“Easement”). DocuSign Envelope ID: B83C8F93-3E3C-4B18-A11D-10CEE4193B90 2 The vacation of the Easement is conditioned upon the following: b. The Applicant providing an appurtenant access easement over the Easement to be vacated for the benefit of the property to the north identified by Parcel ID Number 258640105, simultaneously with the recording of this Resolution. 2. 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 to maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 3. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Registrar of Titles together with the easements identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 24th day of October, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Campion Rehm Schubert DocuSign Envelope ID: B83C8F93-3E3C-4B18-A11D-10CEE4193B90