2021-47 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 23,2021 RESOLUTION NO: 2021-47
MOTION BY: Schubert SECONDED BY: Campion
RESOLUTION VACATING A SEGMENT OF RUBY LANE
WHEREAS,Eric S. Hamborg and Lisa M. Hamborg("Applicants)have applied for
vacation of a portion of Ruby Lane abutting their property located at 1861 Topaz Drive,
Chanhassen,Minnesota, 55317 and legally described as follows:
Lot 2, Block 3, Ashling Meadows 2"d Addition, Carver County, Minnesota, according to
the recorded plat thereof("Applicant Property"); and
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:
The East Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2nd
Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel
with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2"d Addition
("Easement"); and
WHEREAS, following the hearing and consideration of the proposed vacation,the City
Council finds 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 Ruby Lane is vacated subject to the conditions provided in this
Resolution:
The East Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2nd
Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel with
the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition
("Easement").
2. The vacation of the Easement is conditioned upon the following:
a. The Applicant granting an easement to the City for drainage and utility purposes over all
existing and proposed public utilities simultaneously with the recording of this
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Resolution,which easement shall restrict grading or filling of the easement by Applicant
or any future owner of the of the Applicant Property and must be in a form approved by
the City.
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 23`d day of August.
2021.
ATTEST:\,,OUM:ttfrbi4&\X\ /1fflAA---)i /YC
Laurie Hokkanen, City Manager Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
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