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2022-48CITY OF CHANHA33ENQQ Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CERTIFICATION FOR ELECTRONIC DOCUMENTS STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I certify that the foregoing and annexed document entitled "RESOLUTION NO. 2022-48 VACATING AN EASEMENT FOR PUBLIC ROADWAY, DRAINAGE AND UTILITY PURPOSES OVER A PORTION OF OUTLOT A, BUTTERNUT RIDGE ADDITION" adopted by the Chanhassen City Council on May 9, 2022, containing two (2) pages, is a true and correct copy of an electronic document bearing one or more electronic signatures this 151h day of September 2022. Seal/Stamp ° '� KIM T. MEUWISSEN Notary Public -Minnesota My Commission Jan 31, 2025 My commission expires January 31, 2025 My Notary Commission number is 6110279 PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 DocuSign Envelope ID: B553157F-OC1C-4026-9B17-ED544DDBA53F CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 9, 2022 RESOLUTION NO: 2022-48 MOTION BY: Rehm SECONDED BY: Schubert A RESOLUTION VACATING AN EASEMENT FOR PUBLIC ROADWAY, DRAINAGE AND UTILITY PURPOSES OVER A PORTION OF OUTLOT A, BUTTERNUT RIDGE ADDITION WHEREAS, Timothy A. Erhart and Dawn M. Erhart ("Applicants) have applied for vacation of an easement for public roadway, drainage and utility purposes on their property legally described as follows: Outlot A, BUTTERNUT RIDGE ADDITION, 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 Grant of Permanent Easement for Public Roadway, Drainage and Utility Purposes dated September 2, 2009 and recorded with the Carver County Recorder's Office as Doc. No. A509111 on October 13, 2009, and is legally described as follows: Beginning at the southeast corner of said Outlot A, also being the northeast corner of Lot 1, Block 1, JEURISSEN ADDITION, Carver County, Minnesota; thence along the south line of said Outlot A on an assigned bearing of South 89 degrees 35 minutes 13 seconds West a distance of 97.00 feet; thence North 00 degrees 28 minutes 49 seconds West parallel with the east line of said Outlot A a distance of 33.00 feet; thence South 89 degrees 35 minutes 13 seconds East parallel with the south line of Outlot A a distance of 31.00 feet; thence North 00 degrees 28 minutes 49 seconds West parallel with the east line of said Outlot A a distance of 27.00 feet; thence South 89 degrees 35 minutes 13 seconds East parallel with the south line of said Outlot A a distance of 66.00 feet to the east line of said Outlot A; thence South 00 degrees 28 minutes 49 seconds East along the east line of said Outlot A a distance of 60.00 feet to the point of beginning. (hereinafter "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, provided that the final plat of Erhart Farms is recorded and provides the easements determined necessary by the City for public roadway, drainage and utility easements. DocuSign Envelope ID: B553157F-OC1C-4026-9B17-ED544DDBA53F NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The Easement for public roadway, drainage and utility purposes is vacated conditioned upon the simultaneous recording of this Resolution with the final plat of Erhart Farms. 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 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. 3. The City Clerk shall transmit a certified copy of this Resolution to the County Auditor and County Recorder subject to the condition in Paragraph 1 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 9th day of May, 2022. ATTEST: DocuSigned by: AiA�Tu_ Kim Meuwissen, City Clerk YES NO Ryan McDonald Campion Rehm Schubert DocuSigned by: Est. �� Elise Ryan, Mayor ABSENT