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2008-09 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DA TE Februrarv 11. 2008 RESOLUTION NO. 2008-09 MOTION BY Ernst SECONDED BY Litsev RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES CITY PROJECT NO. 06-03 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 easements over the property identified on the attached Exhibit "A", subject to engineering modifications, if any, for purposes in connection with the Lyman Boulevard, Project No. 06-03; 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 development and construction conditions related to the area make it necessary to acquire title to, and possession of, the 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 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 interest pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the 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. 1 4. The City has obtained appraisals of the property being acquired. The Council hereby authorizes the City Manager to approve the appraisals and continue negotiations with the property owners relating to the acquisition of the easements. Passed and adopted by the Chanhassen City Council this 11th day of February, 2008. ATTEST: J~/1fllt <:JL T d Gerhardt, City Manager YES Furlong Ernst Litsey Tjornhom NO None ABSENT None 2 EXHIBIT "A" Parcel4F Merle and Jane V olk c/o Verizon Wireless PIN No. 25.8110240 Parcel4F, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcel S Delores B. Holasek, Trustee and Delores B. Holasek, Life Estate PIN No. 25.0210100 Parcel 5, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcel SA Delores B. Holasek, Trustee PIN No. 25.0210100 Parcel 5A, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcel 14 Dean and Lois Degler, Trustee PIN No. 25.0220800 Parcel 14, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcel 14 A Dean and Lois Degler, Trustee PIN No. 30.0220100 Parcel 14A, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcels 17 Dean and Lois Degler, Trustee PIN No. 25.0220800 Parcel 17, Carver County Right of Way Plat No. 17, Carver County, Minnesota. 3 Parcels 17 A Dean and Lois Degler, Trustee PIN No. 25.0220800 Parcel 17 A, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcels 17B Dean and Lois Degler, Trustee PIN No. 25.0220800 Parcel 17B, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcels 22 Dean and Lois Degler, Trustee PIN No. 25.0220800 Parcel 22, Carver County Right of Way Plat No. 17, Carver County, Minnesota. Parcels 24 Eric S. & Kathleen A. Theship-Rosales PIN No. 25.0220400 Parcel 24, Carver County Right of Way Plat No. 17, Carver County, Minnesota. 4