2024-15 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 11, 2024 RESOLUTION NO: 2024-15
MOTION BY: Schubert SECONDED BY: McDonald
RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER
OUTLOT D, 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 D, 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 D, 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 Rowhomes.
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 copy of this Resolution to the County Auditor and
County Recorder subject to the condition in Paragraph 1 of this Resolution.
DocuSign Envelope ID: 770BF4B5-CDB6-4093-880B-52B081B22A16
2
PASSED AND ADOPTED by the Chanhassen City Council on this 11th day of March
2024.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
DocuSign Envelope ID: 770BF4B5-CDB6-4093-880B-52B081B22A16