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2020-37CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: May 26, 2020 RESOLUTION NO: 2020-37 MOTION BY: Campion SECONDED BY: McDonald RESOLUTION APPROVING THE VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS 8005 CHEYENNE AVENUE, CHANHASSEN 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. 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 vacated subject to the conditions provided in this Resolution. a. The vacation of the Easement is conditioned upon easements being granted to the City for drainage and utility purposes 5 feet on each side of the shared property line of 8003, 8005, and 8007 Cheyenne Avenue. 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 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 26 h day of May, 2020. ATTEST: To Gerhardt, City Manager YES NO Ryan McDonald Tj ornhom Campion Coleman Elise Ryan, Mayor ABSENT EXHIBIT "A" To RESOLUTION NO.2020-37 The 5-foot drainage and utility easements originally platted in CHANHASSEN ESTATES, Carver County Minnesota, more particularly described as lying on each side of the West line of Lot 3, Block 3 and the East line of said Lot 3, Block 3 lying southerly of the northerly 5 feet thereof. 3