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2017-55CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 14, 2017 RESOLUTION NO: 2017-55 MOTION BY: McDonald SECONDED BY: Ryan RESOLUTION VACATING PUBLIC HIGHWAY DECIDATED ON THE RECORDED PLAT OF GATEWAY NORTH WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider vacation of an easement for a portion of State Highway No. 101 legally described on the attached Exhibit "A" ; WHEREAS, the State of Minnesota previously turned back to the City, the portion of State Highway No. 101 dedicated in the Gateway North plat; 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 highway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The portion of State Highway No. 101 legally described on the attached Exhibit A is hereby vacated, pursuant to the conditions provided in 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 and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The City Clerk 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 a public trail and drainage and utility easement, in a form approved by the City Manager by the fee owner of Lot 2, Block 2, Gateway North over the property legally described in Exhibit A. Passed and adopted by the Chanhassen City Council this 10' day of August, 2017. ATTEST: A—-J-�s� T d Gerhardt, City Manager YES NO Laufenburger None McDonald Ryan Tjornhom Campion Denny Lauf nburge , Mayor EXHIBIT "A" ABSENT None All that part of the public highway as dedicated on the plat of GATEWAY NORTH, recorded as Document Number 451279, Carver County, Minnesota, lying southerly of the westerly extension of the north line of Lot 2, Block 2, said plat.