Loading...
2024-221 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 14, 2024 RESOLUTION NO: 2024-22 MOTION BY: McDonald SECONDED BY: Kimber RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Chanhassen does hereby determine that it is necessary and for a public use and purpose to acquire permanent easements over the property legally described on the attached Exhibit “A”, subject to engineering modifications, if any, for purposes in connection with the Galpin Boulevard Improvement Project; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements; and WHEREAS, the City Council finds that construction timing makes it necessary to acquire the necessary easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary permanent easements over the property identified on the attached Exhibit “A”, subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City has obtained appraisals of the property being acquired. The Council authorizes the City Engineer to approve the appraisals and staff to negotiate with the property owners relating to the acquisition of the property and to acquire the property for the appraised values. DocuSign Envelope ID: 3D31DA30-D621-4E1C-BE23-5E7C69BD093A 2 PASSED AND ADOPTED this 14 day of April 2024, by the City Council of Chanhassen, Minnesota. CITY OF CHANHASSEN ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan von Oven McDonald Schubert Kimber DocuSign Envelope ID: 3D31DA30-D621-4E1C-BE23-5E7C69BD093A 3 EXHIBIT “A” A permanent easement for drainage and utility purposes over, under, and across the following described property: That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 23 and the Northwest Quarter of the Northwest Quarter of Section 15, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds West along the West line of said Southwest Quarter, a distance of 1,023.08 feet, to a point on said West line distant 1668.88 feet South of the West Quarter corner of said Section 10; thence South 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence South 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence South 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence South 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feet; thence South 89 degrees 17 minutes 20 seconds East, a distance of 163.25 feet; thence South 18 degrees 17 minutes 40 seconds West, a distance of 820.19 feet to the Northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said Northerly right of way, a distance of 33.08 feet; thence South 56 degrees 40 minutes 55 seconds West along said Northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West along said Northerly right of way, a distance of 518.22 feet to the West line of the Northwest Quarter of Section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said West line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning. Which lies Northwesterly of that particular Northwesterly right-of-way line of Parcel 216, as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14, recorded as Document No. 279658, described as follows: Commencing at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds West, along the West line of the Southwest Quarter of said Section 10, a distance of 401.19 feet, to a particular right-of-way line of said Parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71 feet, to a point of curvature in said right-of-way line; thence Easterly a distance of 662.60 feet, along a non-tangential curve concave to the South having a radius of 633.04 DocuSign Envelope ID: 3D31DA30-D621-4E1C-BE23-5E7C69BD093A 4 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and said line there terminating. Said permanent easement lies southerly and easterly of the following described line: Commencing at the Southwest corner of said Section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds West, along the West line of the Southwest Quarter of said Section 10, a distance of 401.19 feet, to a particular right-of-way line of said Parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71 feet, to a point of curvature in said right-of-way line; thence Easterly a distance of 662.60 feet, along a non-tangential curve concave to the South having a radius of 633.04 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 47.59 feet; thence North 67 degrees 46 minutes 40 seconds West a distance of 9.39 feet; thence Westerly a distance of 287.97 feet, along a tangential curve concave to the South having a radius of 773.04 feet and a central angle of 21 degrees 20 minutes 37 seconds; thence South 00 degrees 52 minutes 43 seconds West, not tangent to said curve a distance of 139.92 feet, to said right-of-way line, and said line there terminating. DocuSign Envelope ID: 3D31DA30-D621-4E1C-BE23-5E7C69BD093A