97-06 CITY OF CHANI-IASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date: January 13 , 1997 Resolution No. 97-06
Motion By Berquist Seconded By Engel
RESOLUTION AUTHORIZING THE EXCHANGE
OF FEE TITLE TO REAL PROPERTY IN EXCHANGE FOR PERMANENT
EASEMENTS FOR PUBLIC ROADWAY, PUBLIC UTILITIES AND TRAILS
WHEREAS, pursuant to eminent domain proceedings to acquire right-of-way
necessary for the realignment of Highway 101, the City of Chanhassen ("City") acquired
fee title to certain property located in the Southeast Quarter of the Northwest Quarter and
Government Lot 2 of Section 13, Township 116, Range 23, Carver County, Minnesota; and
WHEREAS, the specific property acquired for Highway 101 right-of-way purposes
is legally described in a Final Certificate filed with the Carver County Recorder as
Document No. 149697; and
WHEREAS, William J. Ward, Austin T. Ward, Mary Ellen Ward, John H. Ward
and Donna M. Ward (hereinafter collectively referred to as the "Wards"), the fee owners of
the remainder of the property from which the Highway 101 right-of-way was acquired (the
remainder hereinafter referred to as "Ward Property"), have subdivided and platted the
Ward Property in a plat known as Villages on the Ponds (the "Plat"); and
WHEREAS, in the Plat the Wards are required by the City to dedicate certain of the
Ward Property as additional right-of-way for the realignment of Highway 101 so that it will
properly intersect with the future realignment of Highway 212; and
WHEREAS, when Highway 101 is realigned and built over the Ward Property, as
dedicated in the Plat, a portion of the existing right-of-way owned by the City will not be
needed for right-of-way purposes; and
WHEREAS, the owners of the Ward Property dedicated the land necessary for the
future right-of-way of Highway 101 in the Plat, in exchange for the City's agreement to
convey to them the right-of-way currently owned by the City that will not be needed for
right-of-way when Highway 101 is eventually realigned and built; and
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WHEREAS, the Plat of the Ward Property has been filed and as a result thereof the
City has become a part owner of Outlots F, I and J of the Plat, and it is necessary for the
City to deed to the Wards any interest that the City has in Outlots F, I and J of the Plat,
reserving easements for public roadway, public utilities and trails, so that there will not be
two owners of Outlots F, I and J and the Wards will then be able to mortgage their interest
in Outlots F, I and J; and
WHEREAS, the land that the City will not need when Highway 101 is realigned and
built and which is to be conveyed by the City to the Wards is graphically depicted on the
attached Exhibit "A"; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CHANHASSEN, MINNESOTA, as follows:
,
The proposed disposition of any interest of the City in Outlots F, I and J of
the Plat reserving permanent easements for public roadway, public utilities and
trails over Outlots F, I and J of the Plat (shown on Exhibit "A") by the Wards
to the City has no relationship to the comprehensive guide plan.
.
The Mayor and the City Clerk/Manager are hereby authorized to execute any
and all deeds or other documents deemed necessary to accomplish the transfer
of the City's interest in Outlots F, I and J of the Plat to the Wards reserving
permanent easements for public roadway, public utilities and trails over
portions of Outlots F, I and J of the Plat, authorized herein with the
appropriate legal descriptions as determined by the City Attorney.
ADOPTED this 7th
Chanhassen.
day of January, 1997, by the City Council of the City of
ATTES/T~
Don Ashworth', Clerk/Manager
Nancy K.
YES
gancino
M~nn
Senn
Engel
Berquist
NO ABSENT
None None
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