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2024-73 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 2024 RESOLUTION NO: 2024-73 MOTION BY: von Oven SECONDED BY: McDonald RESOLUTION VACATING PLATTED PUBLIC DRAINAGE & UTILITY EASEMENTS BETWEEN LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, ROOK PLACE WHEREAS, Michael Weis and Michael Lynch (“Applicants”) have applied for vacation of a portion of the platted public drainage and utility easements legally described as follows: That part of the southeasterly 5.00 feet of Lot 1, Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying southwesterly of the northeasterly 5.00 feet thereof, and lying northeasterly of the westerly 10.00 feet thereof. And also that part of the northwesterly 5.00 feet of Lot 2 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying northeasterly of the southerly 5.00 feet thereof. (“Easements”) 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 Easements. WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easements are not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The Easements are hereby vacated conditioned upon the Applicants granting to the City drainage and utility easements as legally described in Exhibit A attached hereto. 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. Docusign Envelope ID: 5F0A259D-0DB3-4E81-8D7F-9219451C3081 2 PASSED AND ADOPTED by the Chanhassen City Council this 18th day of November, 2024. ATTEST: ___________________________________ ___________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan von Oven Kimber Schubert McDonald Docusign Envelope ID: 5F0A259D-0DB3-4E81-8D7F-9219451C3081 3 EXHIBIT A Legal Description of Drainage and Utility Easements The Southeasterly 5.00 feet of the following described parcel: Lot 1 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, and also all that part of Lot 2, said Block 1, which lies northwesterly of the following described line: Commencing at the Northwest corner of said Lot; thence South 58 degrees 20 minutes 49 seconds East, assumed bearing along the northeasterly line of said Lot 1, a distance of 127.00 feet to the point of beginning of said line to be hereinafter described; thence South 32 degrees 10 minutes 07 seconds West 99.95 feet; thence South 12 degrees 22 minutes 56 seconds West 149.54 feet to the southerly line of said Lot 2 and said line there terminating. And The northwesterly 5.00 feet of the following described parcel: All the part of Lot 2, Block 1, ROOK PLACE, according to the recorded plat thereof, of Carver County, Minnesota, which lies southeasterly of the following described line: Commencing at the Northwest corner of Lot 1, said Block 1; thence South 58 degrees 20 minutes 49 seconds East, assumed bearing along the northeasterly line of said Lot 1, a distance of 127.00 feet to the point of beginning of said line to be hereinafter described; thence South 32 degrees 10 minutes 07 seconds West 99.95 feet; thence South 13 degrees 22 minutes 56 seconds West 149.54 feet to the southerly line of said Lot 2 and said line there terminating. Docusign Envelope ID: 5F0A259D-0DB3-4E81-8D7F-9219451C3081