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2022-57 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 13, 202221 RESOLUTION NO: 2022-57 MOTION BY: McDonald SECONDED BY: Campion RESOLUTION VACATING A PORTION OF PUBLIC DRAINAGE & UTILITY EASEMENTS OVER A PORTION OF BLOCK 1, LOTS 2 AND 3, PAT CUNNINGHAM WHEREAS, Mary and Michael Meuwissen (“Applicants) have applied for vacation of a portion of public drainage and utility easements on their properties and legally described as follows: Lot 2 and Lot 3, all in Block 1, PAT CUNNINGHAM, 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 portion of public drainage and utility easements, legally described as follows: A 12-foot strip of land over those parts of Lot 2 and Lot 3, all in Block 1, PAT CUNNINGHAM, Carver County, Minnesota, which were dedicated as drainage and utility easement on said plat. The center of said strip is described as follows: Commencing at the northeast corner of said Lot 3; thence southerly along the easterly line of said Lot 3 a distance of 10.00 feet to the point of beginning of the centerline to be described; thence continuing southerly 238.41 feet to the southeast corner of said Lot 3; thence westerly along the south line of said Lot 3 to the east line of the west 6.00 feet of said Lot 3 and there terminating. The sidelines of said 12-foot strip shall terminate at the said east line and its southerly extension thereof. (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 Cunningham Second Addition is recorded and provides the easements determined necessary by the City for public drainage and utility easements. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: DocuSign Envelope ID: BE6B5BA6-2B1E-4D6A-A178-C9BD0318301A 2 1. The Easement for drainage and utility purposes is vacated conditioned upon the simultaneous recording of this Resolution with the final plat of Cunningham Second Addition. 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 13th day of June, 2022. ATTEST: Elise Ryan, Mayor Kim Meuwissen, City Clerk YES NO ABSENT Ryan Rehm McDonald Campion Schubert DocuSign Envelope ID: BE6B5BA6-2B1E-4D6A-A178-C9BD0318301A