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2023-78 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 9, 2023 RESOLUTION NO: 2023-78 MOTION BY: von Oven SECONDED BY: Schubert RESOLUTION VACATING PLATTED PUBLIC DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1, AND LOT 2, BLOCK 1, PAWS CLAWS AND HOOVES ADDITION WHEREAS, RSI Marine & Motorsports, LLC (“Applicant”) has applied for vacation of a portion of the platted public drainage and utility easements legally described as follows: All those drainage and utility easements, originally dedicated on the recorded plat of PAWS CLAWS AND HOOVES ADDITION, Carver County, Minnesota, and now to be vacated, which lie within Lot 1, Block 1, said plat, Excepting Parcel 1C, and Parcel 1D as shown on CARVER COUNTY RIGHT OF WAY PLAT NO. 29, Carver County, Minnesota, And All those drainage and utility easements, originally dedicated on the recorded plat of PAWS CLAWS AND HOOVES ADDITION, Carver County, Minnesota, and now to be vacated, which lie within Lot 2, Block 1, said plat, Excepting Parcel 1A, and Parcel 1B as shown on CARVER COUNTY RIGHT OF WAY PLAT NO. 29, Carver County, Minnesota (“Easements”); 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 Easements; and WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easements are not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The Easements are hereby vacated conditioned upon the (a) Applicant granting the City drainage and utility easements as legally described in Exhibit A attached hereto and (b) 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. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 2 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. PASSED AND ADOPTED by the Chanhassen City Council this 9th day of October, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Schubert von Oven Kimber DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 3 EXHIBIT A Legal Description of Drainage and Utility Easements DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B