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2009-86 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 23, 2009 RESOLUTION NO: 2009-86 MOTION BY: McDonald SECONDED BY: Ernst RESOLUTION ACCEPTING PROPOSED CONVEYANCE OF EDA PROPERTY TO THE CITY AND DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF THE ACQUISITION OF REAL PROPERTY WHEREAS, the City of Chanhassen ("City") is proposing to acquire property legally described in the attached Exhibit A ("Subject Property") in connection with its obligations under the terms of the proposed Cooperative Agreement between the City and South West Transit for the Chanhassen Transit Station project and plat; WHEREAS, the Subject Property is owned in fee by the Chanhassen Economic Development Authority ("EDA"); WHEREAS, the EDA desires to facilitate the Chanhassen Transit Station project and plat and has agreed to convey the Subject Property to the City; WHEREAS, Minn. Stat. S462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisition of real property for compliance with the comprehensive plan and to report to the City Council in writing its findings; and WHEREAS, Minn. Stat. S462.356, subd. 2 provides for an exception from the requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition of the real property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA: 1. The City Council does hereby accept the EDA's proposed conveyance of the Subject Property. 2. The City Council finds that the acquisition of the Subject Property has no relationship to the comprehensive municipal plan. 3. Review by the Planning Commission of the acquisition of the Subject Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Manager are authorized and directed to execute all documents, and take all appropriate measures to acquire the Subject Property. 1 Passed and adopted by the Chanhassen City Council this 23rd day of November, 2009. ATTEST: .","1 ,.--'.~..'"'.'"'~'-''''' 1"".,\ II~A~- ; Thomas A. Furlong, Mayor YES NO ABSENT Furlong Tjomhom Litsey McDonald Ernst 2 EXHIBIT A Le2al Description of Subiect Property: Outlot A, Old Village Hall, Carver County, Minnesota, according to the recorded plat thereof. 3