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87-37 . '.~-A-....,. .. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE: May 4, 1987 RESOLUTION NO.: 87-37 MOTION BY: Hamilton SECONDED BY: Horn RESOLUTION AUTHORIZING ACQUISITION BY CONDEMNATION OF PROPERTY WITHIN THE DOWNTOWN REDEVELOPMENT PROJECT AREA WHEREAS, the City by Resolution No. 87-17 on March 6, 1987, determined that it is in the public interest to acquire certain property within the Chanhassen Downtown Redevelopment Project Area, as stated in the Amended and Revised Plan dated January 1987; and WHEREAS, further modifications to the Plan require the acqui- sition of additional property within the project area; and WHEREAS, the City has determined that it is in the public interest to acquire these additional properties within the Project Area. .. WHEREAS, the City has determined it requires title and possession to the property to be acquired prior to the filing of an award by the court appointed commissioners. NOW THEREFORE, it is resolved by the City Council of the City of Chanhassen, Minnesota: The City Attorney is hereby authorized and directed to acquire the property described on the attached Exhibit "A" by eminent domain proceedings, including the "quick take" provisions of M.S. S 117.042, unless acquired by negotiation or otherwise before the proceedings are complete. Adopted by the Chanhassen City Council this 6th day of May , 1987. ATTEST: Don AShw4City()g~er /L / '/ Mayor L - e - A temporary easement for construction purposes over, under and across all that part of the following described property: Beginning at the Northeast corner of the Northwest Quarter (NW~) of Section 13, Township 116, Range 23; thence South along quarter section line 132 feet; thence west 71 feet to a point; thence North 132 feet to section line; thence east along section line 71 feet to place of beginning. Containing 215/1000 acres more or less, situated in the NE~ of NW~ Sec. 13-116-23. Which lies easterly and southerly of the following described line: Commencing at the northeast corner of said Northwest Quarter of Section 13; thence on an assumed bearing of South 01 degrees 26 minutes 17 seconds East along the east line of said Northwest Quarter for 183.00 feet; thence on a bearing of West for 5.23 feet; thence North 00 degrees 22 minutes 36 seconds West for 182.95 feet to a point in the north line of said Northwest Quarter distant 1.84 feet westerly from said northeast corner of the Northwest Quarter, said point also being the actual point of beginning of the line to be described; thence return South 00 degrees 22 minutes 36 seconds East along last described line for 103.28 feet; thence North 89 degrees 37 minutes 24 seconds West for 91.90 feet and said line there terminating. And which lies northerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of said North- west Quarter. EXHIBIT "A" - e e All that part of the following described property: 35 feet front and rear of the following: Commencing at a point 67 feet west of the Northeast corner of the Northwest Quarter (NWi) of Section 13, Township 116, Range 23; thence running south parallel to center Section line 132 feet to a post; thence west 65 feet; thence North parallel with first mentioned line 132 feet to a post; thence East 65 feet to the place of beginning, situated in NEi of Nwi Section 13-116-23 and Cont. 106/1000 acres, more or less. Subject to easements, restrictions, or reservations of record, if any. Which lies southerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota. -2- , . ~ . ~ . e e e All that part of the following described property: Commencing at the Northeast corner of the Northwest One-Quarter (NW1/4) of Section Thirteen (13), Township One Hundred Sixteen (116), Range Twenty-Three (23), thence West along the North line of Section Thirteen (13),97 feet, thence South parallel to the center Section line 132 feet, thence East to the quarter section line, thence North along the quarter section line to the place of beginning. EXCEPT: Beginning at the Northeast corner of the Northwest quarter (NW1/4) of Section 13, Township 116, Range 23; thence South along quarter section line 132 feet; thence west 71 feet to a point; thence North 132 feet to section line; thence east along section line 71 feet to place of beginning. Containing 215/1000 acres more or less, situated in the NE1/4 of NW1/4 Sec. 13-116-23. Which lies southerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota. -3- , . ., ,- e - e All that part of the following described property: Beginning at the Northeast corner of the Northwest quarter (NW1/4) of Section 13, Township 116, Range 23; thence South along quarter section line 132 feet; thence west 71 feet to a point; thence North 132 feet to section line; thence east along section line 71 feet to place of beginning. Containing 215/1000 acres more or less, situated in the NE1/4 of NW1/4 Sec. 13-116-23 Which lies southerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota. -4- '.. ", ltl e e e A tempora~ easement for construction purposes over, under and across all that part of the following described property: Beginning at the Northeast corner of the Northwest quarter (NW1/4) of Section 13, Township 116, Range 23; thence South along quarter section 1 ine 132 feet; thence west 71 feet to a point; thence North 132 feet to section line; thence east along section line 71 feet to place of beginning. Containing 215/1000 acres more or less, situated in the NE1/4 of NW1/4 Sec. 13-116-23. Which lies easterly and southerly of the following described line: Commencing at the northeast corner of said Northwest Quarter of Section 13; thence on an assumed bearing of South 01 degrees 26 minutes 17 seconds East along the east line of said Northwest Quarter for 183.00 feet; thence on a bearing of WEST for 5.23 feet; thence North 00 degrees 22 minutes 36 seconds West for 182.95 feet to a point in the north line of said Northwest Quarter distant 1.84 feet westerly from said northeast corner of the Northwest Quarter, said point also being the actual point of beginning of the line to be described; thence return South 00 degrees 22 minutes 36 seconds East along last described line for 103.28 feet; thence North 89 degrees 37 minutes 24 seconds West for 91.90 feet and said line there terminating. And which lies northerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of said Northwest Quarter. Said temporary easement shall expire on December 31, 1988. -5- ~. ," e - e A temporary easement for construction purposes over, under and across all that part of the following described property: Co~nencing at the Northeast corner of the Northwest One-Quarter (NW 1/4) of Section Thirteen (13), Township One Hundred Sixteen (116), Range Twenty-Three (23), thence West along the North line of Section Thirteen, (13), 97 feet, thence South parallel to the center Section 1 ine 132 feet, thence East to the quarter section line, thence North along the quarter section line to the place of beginning. EXCEPT: Beginning at the Northeast corner of the Northwest quarter (NW1/4) of Section 13, Township 116, Range 23; thence Soutb along quarter section 1 ine 132 feet; thence west 71 feet to a point; thence North 132 feet to section line; thence east along section line 71 feet to place of beginning. Containing 215/1000 acres more or less, situated in the NE1/4 of NW1/4 Sec. 13-116-23 Which lies southerly of the following described line: Co~nencing at the northeast corner of said Northwest Quarter of Section 13; thence on an assumed bearing of South 01 degrees 26 minutes 17 seconds East along the east line of Northwest Quarter for 103.29 feet to the actual point of beginning of the line to be described; thence South 89 degrees 37 minutes 24 seconds West for 95.65 feet; thence North 00 degrees 22 minutes 36 seconds West for 10.15 feet; thence South 89 degrees 37 minutes 24 seconds West for 20.75 feet and said line there terminating. And which lies northerly of a line drawn parallel with and distant 112.00 feet southerly from the north line of said Northwest Quarter. Said temporary easement shall expire on December 31, 1988. -5- ...', ",~ ." - - e All that part of the following described property: Tract I Commencing at a point eight rods West from NE corner of NW1/4 of Section 13, TownshilJ 116, Range 23; thence South two rods to the I ille of the public road and the starting point of the description of the liwd herein described; thence rUllllin~J West on the South line of silid road 60 feet; thence South parallel with the East line of said qllarter section 150 feet to a post; thence East 60 feet to a post; thence North 150 feet to the place of beginning; situated in the NEl/4 of NWl/4 of Sect ion 13. Tract II COllnnencing at a point, said point being the NE corner of NIH/4 of Section 13, Township 116, Range 23; running thence West on the North Section line of Section 13, Township and range aforesaid, a distance of 252 feet; thence due South a distance of 180 feet to a poi lit; thence due East a distance of 60 feet to a point which is the point of beginning of the land herein to be described; thence due Soutl! a distance of 196 feet to a point; thence due East a distance of 60 feet to a point; thence due North a distance of 196 feet to a point; thence due ~/est a distance of 60 feet to the place of beginning. Said tract being in the NEI/4 of NWI/4 of Section 13, Township 116, Range 23 West. Tract III A tract situated in the Northeast Quarter of the Northwest (}uarter (NEI/4 of NWl/4) of Section 13, Township 116, Range 23, described as follows: Beginning at the Southwest corner'of Tract I hereinbefore described; thence Southerly 5 feet more or less to the Northwest corner of Tract II hereinbefore described; thence Easterly 60 feet more or less along the Northerly line of Tract II to the Northeast corner of said Tract II; thence Northerly 5 feet more or less to the Southeast corner of said Tract I; thence Westerly 60 feet more or less along the Southerly line of said Tract I to the point of beginning. As recorded in lIeed Book 1Gb, Paye UU, Carver County Recorder, Carver County, /1innesota. Which lies southerly of a line drawn parallel with and distant 112.00 feet southerly from said north line of the Northwest Quarter. -6- ,," ,.. .... - e e A temporary easement for construction purposes over, under and across all that part of the following described property: Tract I Commencing at a point eight rods West from NE corner of NWl/4 of Section 13, Township 116, Range 23; thence South two rods to the line of the public road and the starting point of the description of the land herein described; thence running West on the South line of said road 60 feet; thence South parallel with the East line of said quarter section 150 feet to a post; thence East 60 feet to a post; thence North 150 feet to the place of beginning; situated in the NE1/4 of NW1/4 of Section 13. Tract II Commencing at a point, said point being the NE corner of NW1/4 of Section 13, Township 116, Range 23; running thence West on the North Section line of Section 13, Township and range aforesaid, a distance of 252 feet; thence due South a distance of 188 feet to a point; thence due East a distance of 60 feet to a point which is the point of beginning of the land herein to be described; thence due South a distance of 196 feet to a point; thence due East a distance of 60 feet to a point; thence due North a distance of 196 feet to a point; thence due West a distance of 60 feet to the place of beginning. Said tract being in the NE1/4 of NW1/4 of Section 13, Township 116, Range 23 West. Tract III A tract situated in the Northeast Quarter of the Northwest Quarter (NEl/4 of NW1/4) of Section 13, Township 116, Range 23, described as follows: Beginning at the Southwest corner of Tract I hereinbefore described; thence Southerly 5 feet more or less to the Northwest corner of Tract II hereinbefore described; thence Easterly 60 feet more or less along the Northerly line of Tract II to the Northeast corner of said Tract II; thence Northerly 5 feet more or less to the Southeast corner of said Tract I; thence Westerly 60 feet more or less along the Southerly line of said Tract I to the point of beginning. As recorded in Oeed Book 166, Page 88, Carver County Recorder, Carver County, Minnesota. -7- \*. ;,...- - e . Which 1 ies southerly, westerly and northw(~st(~rly of till! followiny d(~scrihed 1 i ne: Commencing at the northeast corner of said Northwest Quarter of Section 13; thellce on an assumed hearinv of South 01 devrees 26 minutes 17 seconds East alonv the east line of Northwest Quarter for 103.29 feet to the actual point of bevinninu of the line to he descrihed; thencl~ South HI) deurees 37 minutes 24 seconds West for 95.65 f(~et; thence North 00 deurees 22 minutes 36 seconds "/(~st for 10.15 f(~et; thellc(~ South EllJ de9f(~eS 37 minutes 24 seconds '-lest for 20.75 feet; thence South 00 degrees 22 minutes 36 seconds East for 4.05 fe(!t; thence South !l9 degrees 37 minutes 24 seconds West for 19.65 feet; thence South 00 de~Jf(~es 22 minutes 36 seconds East for 3.BO feet; thence South Un de~lrees ~i4 minutes 54 seconds West for 43.94 feet; thence North Ill) de~lrees ~:i2 minutes 05 seconds I~est for 57.31 f(~et; thence North 4~) d(~~Jrees 35 minutes 13 seconds for 89.93 feet to thl~ north I ille of said Northwes t Quarter alld sa jd 1 i ne there te/'lui nat i nu. And \'/hich lies northerly of a line drawn parallel with and distant 112.00 f (~et souther Iy frolll the north 1 j ne of sa i d north 1 i ne of the Northwes t l) u il r t l! I' . Said tClllpor.1ry easement shall eXJlin~ on Decemher 31, 19BB. AND All that part of the following described property: Lot 8, Block 1, Frontier Development Park - n-