2020-12CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 24, 2020 RESOLUTION NO: 2020-12
MOTION BY: Campion SECONDED BY: Tiornhom
RESOLUTION VACATING A SEGMENT OF HICKORY ROAD
WHEREAS, Thomas P. O'Brien and Nicole M. O'Brien ("Applicants) have applied for
vacation of a portion of Hickory Road abutting their property located at 3734 Hickory Road,
Chanhassen, Minnesota, 55331 and legally described as follows:
Lots 27 and 28, Red Cedar Point Lake Minnewashta, Carver County, Minnesota, according
to the recorded plat thereof ("Applicant Property");
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 following roadway:
All that part of Hickory Road, formerly known as Kirkham Road, as dedicated in Red
Cedar Point Lake Minnewashta, according to the recorded plat thereof, Carver County,
Minnesota, lying Northerly of the Westerly extension of the Southerly line of Lot 28, Block
1, in said plat ("Easement");
WHEREAS, following the hearing and consideration of the proposed vacation, the City
Council that the Easement is not needed for public purposes.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council:
1. The following Easement for Hickory Road is vacated subject to the conditions
provided in this Resolution:
All that part of Hickory Road, formerly known as Kirkham Road, as dedicated in Red
Cedar Point Lake Minnewashta, according to the recorded plat thereof, Carver County,
Minnesota, lying Northerly of the Westerly extension of the Southerly line of Lot 28, Block
1, in said plat ("Easement")
2. The vacation of the Easement is conditioned upon the following:
a. The Applicant providing an appurtenant access easement over the Easement
to be vacated for the benefit of the property legally described as Lot 1, Block
1, Leach Addition, Carver County, Minnesota, according to the recorded
plat thereof, simultaneously with the recording of this Resolution;
b. The Applicant granting an easement to the City for drainage and utility
purposes over the Easement to be vacated simultaneously with the recording
of this Resolution, which easement shall restrict grading or filling of the
easement by Applicant or any future owner of the of the Applicant Property;
3. 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.
4. The City Clerk shall transmit a certified duplicate of this Resolution to the County
Auditor and County Recorder together with the easements identified in Paragraph 2 of this
Resolution.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of February,
2020.
ATTES �
Z �—ta
Todd Gerhardt, City Manager
YES NO
Ryan
Campion
Coleman
McDonald
Tj ornhom
2
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Elise Ryan, Mayor
ABSENT