2023-72 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: September 25, 2023 RESOLUTION NO: 2023-72
MOTION BY: Schubert SECONDED BY: Kimber
RESOLUTION VACATING A SEGMENT OF PUBLIC RIGHT OF WAY (ALLEY)
206 WEST 78TH STREET
WHEREAS, Allison Schmitt (“Applicant”) has applied for the vacation of a portion of
the alley abutting her property located at 206 West 78th Street, Chanhassen, Minnesota, 55317;
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:
That part of the alley in Block 2, Village of Chanhassen, Carver County Minnesota,
described as follows:
The south half of said alley lying between the northerly extensions of the easterly and westerly
lines of Lot 2, Block 2, Village of Chanhassen, Carver County, Minnesota (“Alley”); and
WHEREAS, following the hearing and consideration of the proposed vacation, the City
Council finds that the Alley is not needed for public purposes, except that a drainage and utility
easement should be kept over the Alley for drainage and utility purposes.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City
Council:
1. The Alley is hereby vacated subject to the conditions provided in this Resolution and
reserves a drainage and utility easement over the entire area located within the boundary of
the following described property:
That part of the alley in Block 2, Village of Chanhassen, Carver County, Minnesota
described as follows: The south half of said alley lying between the northerly extensions of
the easterly and westerly lines of Lot 2, Block 2, Village of Chanhassen, Carver County,
Minnesota (hereinafter referred to as the “Easement”)
2. The vacation of the Alley is conditioned upon the reservation 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
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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.
4. This Resolution shall be effective upon adoption. The City Clerk shall transmit a certified
duplicate of this Resolution to the County Auditor and County Recorder, Carver County,
Minnesota..
PASSED AND ADOPTED by the Chanhassen City Council this 25th day of September,
2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
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