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2017-59 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: August 28, 2017 RESOLUTION NO: 2017-59 MOTION BY: Ryan SECONDED BY: Campion RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS ON OUTLOT C AND OUTLOT D, VISTAS AT BENTZ FARMS 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 the vacation of the public drainage and utility easements 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 drainage and utility easements for right-of- way and drainage and utility easements. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The public drainage and utility easements legally described on the attached Exhibit A are 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 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 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 final plat for Fawn Hill. Passed and adopted by the Chanhassen City Council this 28th day of August, 2017. ATTES • i - -ili ' 15— odd Gerhardt, City Manager Denny enburge , M�aY YES NO ABSENT Laufenburger None Tj ornhom McDonald Ryan Campion EXHIBIT "A" Public drainage and utility easement, described as: The drainage and utility easement over, under and across all of Outlot C and Outlot D,VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver County Minnesota. 1