2022-79 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 24, 2022 RESOLUTION NO: 2022-79
MOTION BY: Schubert___ SECONDED BY: McDonald__
RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER
OUTLOT A AND OUTLOT C, AVIENDA
WHEREAS, Level 7 Development LLC (“Applicant) has applied for vacation of public
drainage and utility easements on their properties and legally described as follows:
Outlot A and Outlot C, as dedicated on the plat of AVIENDA, as of public recorded in the
office of the County Recorder, 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
portion of public drainage and utility easements, legally described as follows:
The drainage and utility easements over Outlot A and Outlot C, as dedicated on the plat of
AVIENDA, as of public recorded in the office of the County Recorder, Carver County,
Minnesota (“Easement”); and
WHEREAS, following the hearing and consideration of the proposed vacation, the City
Council finds that the Easements are not needed for public purposes, provided that the final plat of
Avienda Townhomes is recorded and provides the easements determined necessary by the City for
public drainage and utility easements.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council:
1. The Easement for drainage and utility purposes is vacated conditioned upon the simultaneous
recording of this Resolution with the final plat of Avienda Townhomes.
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
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 copy of this Resolution to the County Auditor and
County Recorder subject to the condition in Paragraph 1 of this Resolution.
DocuSign Envelope ID: B83C8F93-3E3C-4B18-A11D-10CEE4193B90
2
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