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2016-48 CITY OF CHANHASSEN CARVER COUNTY,MINNESOTA DATE: June 27, 2016 RESOLUTION NO: 2016-48 MOTION BY: Tiornhom SECONDED BY: Ryan RESOLUTION VACATING PUBLIC RIGHT OF WAY 3710 RED CEDAR POINT ROAD PLANNING CASE FILE NO. 2016-12 WHEREAS,pursuant to Minnesota Statutes Section 412.851, after published and posted notice of the hearing and after mailing written notice of the hearing before the hearing to each property owner affected by the proposed vacation,the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit"A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public right-of-way. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public right of way legally described on the attached Exhibit A is hereby vacated. 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 Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the Drainage and Utility Easement over the vacation area. Passed and adopted by the Chanhassen City Council this 27th day of June, 2016. ATTEST: L2097-e-10(.4041.1.v-44 Todd Gerhardt, City Manager Denny LkifenburgerrMayor YES NO ABSENT Laufenburger None None Campion McDonald Ryan Tjornhom EXHIBIT "A" All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said plat, and said line there terminating.