2020-13CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 24, 2020 RESOLUTION NO: 2020-13
MOTION BY: Coleman
SECONDED BY: Campion
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS
WHEREAS, Zion Investments, LLC, a Minnesota limited liability company, ("Applicant")
has requested vacation of all drainage and utility easements over Lot 2, Block 1, Arboretum Business
Park 7th Addition, Carver County, Minnesota, according to the recorded plat thereof ("Property")
which they have agreed to replace with more appropriate drainage easements for the 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 drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park
7th Addition, Carver County, Minnesota, according to the recorded plat thereof ("Easements");
WHEREAS, following the hearing and consideration of the proposed vacation, the City
Council that the Easements are not needed for public purposes, provided the conditions set forth in
this Resolution are met by the Applicant.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council:
The following Easements are vacated subject to the conditions provided in this
Resolution:
All drainage and utility casements as dedicated in Lot 2, Block 1, Arboretum Business Park
7th Addition, Carver County, Minnesota, according to the recorded plat thereof;
2. The vacation of the Easements is conditioned upon the following:
a. The Applicant providing to the City drainage and utility easements over the
Property as legally described in Exhibit A attached hereto, simultaneously with
the recording of this Resolution;
b. The Applicant executing and recording an amended and restated encroachment
agreement to reflect the revised drainage and utility easements in a form
approved by the City, to be simultaneously with the recording of this
Resolution;
3. The City Clerk shall transmit a certified duplicate of this Resolution to the County
Auditor and County Recorder together with the easement and amended and restated encroachment
agreement identified in Paragraph 2 of this Resolution.
PASSED AND ADOPTED by the Chanhassen City Council this 24' day of February, 2020.
ATTEST:
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Todd erhardt, City Manager
YES NO
Ryan
Campion
Coleman
McDonald
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Elise Ryan, Mayor
ABSENT
EXHIBIT A
Depiction of New Drainage and Utility Easements
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