2023-67 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 14, 2023 RESOLUTION NO: 2023-67
MOTION BY: von Oven SECONDED BY: McDonald
RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS AND
PUBLIC RIGHT-OF-WAY OVER LOT 1, BLOCK 1 AND OUTLOT A, MCGLYNN
PARK, AND OUTLOT A, MCGLYNN PARK 2ND ADDITION
WHEREAS, Edward Farr Architects, Inc. (“Applicant”) has applied for vacation of
public drainage and utility easements and public right-of-way on behalf of the owners of the
properties, Mesenbrink Construction & Engineering, Inc., and legally described as follows:
Outlot A, McGlynn Park and Outlot A, McGlynn Park 2nd Addition, Carver County,
Minnesota, together with vacated Buttercup Road accruing thereto.
That part Lot 1, Block 1, McGlynn Park, according to the recorded plat thereof, Carver
County, Minnesota and that part of Buttercup Road accruing thereto, which lie northerly
of the following described line:
Beginning at the southeast corner of Outlot A, McGLYNN PARK 2nd
ADDITION, said Carver County; thence westerly, along the south line thereof
and its westerly extension, to the northwesterly line of said Lot 1, Block 1,
McGLYNN PARK and there said line terminates.
(“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 and right-of-way, legally
described as follows:
1. Easements:
All drainage and utility easements lying within Outlot A, McGLYNN PARK and all drainage
and utility easements lying within Outlot A, McGLYNN PARK 2ND ADDITION, according to
the recorded plats thereof, Carver County, Minnesota which were dedicated to the public in said
plats.
Together with that part of the drainage and utility easement within Lot 1, Block 1, McGLYNN
PARK, according to the recorded plat thereof, Carver County, Minnesota which lies northerly of
the following described line:
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Beginning at the southeast corner of Outlot A, McGLYNN PARK 2ND ADDITION, said
Carver County; thence westerly, along the south line thereof and its westerly extension,
to the northwesterly line of said Lot 1, Block 1, McGLYNN PARK and there said line
terminates.
Together with easement for roadway, drainage and utility purposes recorded as
Document No. 187965;
The foregoing are collectively referred to herein as the “Easements.”
2. Right of Way:
That part of Buttercup Road dedicated to the public in McGLYNN PARK, according to the
recorded plat thereof, Carver County, Minnesota which lies westerly of the northerly extension
of the west line of Lot 1, Block 1, McGLYNN PARK 2ND ADDITION, said Carver County and
northerly of the following described line:
Beginning at the southeast corner of Outlot A, McGLYNN PARK 2ND ADDITION, said
Carver County; thence westerly, along the south line thereof and its westerly extension,
to the northwesterly line of said Lot 1, Block 1, McGLYNN PARK and there said line
terminates.
“Right-of-Way”; and
WHEREAS, following the hearing and consideration of the proposed vacation, the City
Council finds that the Easements and Right-of-Way are not needed for public purposes, provided
that the final plat of Audubon Business Park is recorded and provides the easements and right-of-
way determined necessary by the City for public drainage and utility easements and right-of-
way.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City
Council:
1. The Easements and Right-of-Way are hereby vacated, conditioned upon the simultaneous
recording of this Resolution with the final plat of Audubon Business Park.
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.
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PASSED AND ADOPTED by the Chanhassen City Council this 14th day of August,
2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
DocuSign Envelope ID: 996CA875-18FF-4C21-A68E-3EF863DDB902