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2024-38 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 10, 2024 RESOLUTION NO: 2024-38 MOTION BY: Kimber SECONDED BY: von Oven RESOLUTION VACATING PLATTED PUBLIC DRAINAGE & UTILITY EASEMENTS BETWEEN LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, BEDDOR ADDITION WHEREAS, Steve Beddor and Gail Durn (“Applicants”) have applied for vacation of a portion of the platted public drainage and utility easements legally described as follows: Easement for Drainage & Utility purposes over, under, and across those parts of Lots 1 and 2, Block 1, BEDDOR ADDITION, Carver County, Minnesota being a 10-foot-wide strip of land lying 5 feet on each side of and adjacent to the property line between said Lots 1 and 2, except the Westerly 5 feet and Easterly 5 feet of said Lot 1 (“Easements”); 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. 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) Applicants granting to 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 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: DEE44E81-DEE6-4B23-82B2-95D83F4005CB 2 PASSED AND ADOPTED by the Chanhassen City Council this 10th day of June, 2024. ATTEST: ___________________________________ ___________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Schubert von Oven Kimber DocuSign Envelope ID: DEE44E81-DEE6-4B23-82B2-95D83F4005CB 3 EXHIBIT A Legal Description of Drainage and Utility Easements Easement for Drainage & Utility purposes over, under, and across that part of Lot 1, Block 1, BEDDOR ADDITION, Carver County, Minnesota being a 10 foot wide strip of land lying 5 feet on each side of and adjacent to a line described as follows: Commencing at the southeast corner of said Lot 1; thence North 32 degrees 50 minutes 39 seconds East, assumed bearing, along the east line of said Lot 1 a distance of 35.93 feet to the point of beginning of the line to be described; thence North 85 degrees 01 minutes 28 seconds West 140.26 feet to the west line of said Lot 1 and said line there terminating. Except the Northwesterly 5 feet and the Southeasterly 5 feet of said Lot 1. DocuSign Envelope ID: DEE44E81-DEE6-4B23-82B2-95D83F4005CB