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2024-39 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 10, 2024 RESOLUTION NO: 2024-39 MOTION BY: von Oven SECONDED BY: Schubert RESOLUTION VACATING A PORTION OF PLATTED PUBLIC DRAINAGE & UTILITY EASEMENTS BETWEEN LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, GETSCH ADDITION WHEREAS, Charles Newell (“Applicant”) has applied for vacation of a portion of the platted public drainage and utility easements legally described as follows: Those drainage and utility easements dedicated in the plat of Getsch Addition, Carver County, Minnesota which lie within 5 feet of the lot lines common to Lots 4 and 5, Block 1 of said plat of Getsch Addition (“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 DocuSign Envelope ID: DEE44E81-DEE6-4B23-82B2-95D83F4005CB 3 EXHIBIT A Legal Description of Drainage and Utility Easements A 10 FOOT WIDE DRAINAGE AND UTILITY EASEMENT OVER, UNDER, AND ACROSS PART OF LOTS 4 AND 5, BLOCK 1, GETSCH ADDITION, THE CENTERLINE OF WHICH IS DESCRIBED AS COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE ON AN ASSUMED BEARING OF SOUTH 67 DEGREES 01 MINUTE 44 SECONDS WEST ALONG A NORTHERLY LINE OF SAID LOT 5 A DISTANCE OF 196.26 FEET; THENCE SOUTH 80 DEGREES 27 MINUTES 10 SECONDS A DISTANCE OF 216 FEET, MORE OR LESS, TO THE SHORELINE OF LAKE MINNEWASHTA, AND SAID LINE THERE TERMINATING. THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED TO EXTEND TO THE WESTERLY RIGHT-OF-WAY LINE OF DOGWOOD ROAD AND THE SHORELINE OF LAKE MINNEWASHTA. DocuSign Envelope ID: DEE44E81-DEE6-4B23-82B2-95D83F4005CB