8. TH101/Market Blvd: Findings of Fact Property Transfer.CITY OF g
CHANHASSEN
690 COULTER DRIVE & P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Charles Folch, Director of Public Works
Dave Hempel, Assistant City Engineer W�
January 6, 1997
Action by City A;fministtatoT
Endorsed .
Modified
Rejected —
Date ____I .._
Date Submitted to Commission
Date St,! mi'ed to council
- t 3 °fi`
Approve Findings of Fact - Transferring of City Property (Market Boulevard)
Project No. 96 -13
Attached is a resolution prepared by the City Attorney's office authorizing the exchange of City
property in conjunction with the recording of the final plat of Villages on the Ponds. As you may
recall there was a previous transfer of City property back in September of 1996. At that time the
City was transferring unused portions of City property in return for additional dedication of future
Trunk Highway 101 right -of -way (Market Boulevard). This time the transferring of City property
is to resolve two ownerships (City and Wards) of Outlots F, I and J of Villages on the Ponds. In
return for the City conveying the title to these outlots, the Wards will be granting back to the City
permanent easements for public roadways, utilities and trails over the outlots that the City is
deeding to the Wards.
It is therefore recommended that the City Council adopt the attached resolution conditioned upon
the Wards dedicating permanent easements for public roadways, utilities and trails over the same
outlots shown on Exhibit A.
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Attachments: 1. Resolution.
2. Exhibit A.
c: Vemelle Clayton, Lotus Realty
g.\eng\dave' market blvd.doc
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Received
Revision No.
Approved
oato' -- �'-g7Y7
ApP:'Gvea by C;!y "
Date
01/08/97 WED 09:17 FAX 612 452 5550 C K S & F
CITY OF CH,A.NHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date. January , 1997 Resolution No-
Motion By
Seconded By
RESOLU'T'ION 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
42297
01/08/97 WED 09:17 FAX 612 452 5550 C A S & F
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:
1. 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 flat (shown on Exhibit ".A. ") by the Wards
to the City has no relationship to the comprehensive guide plan.
2. 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 day of January, 1997, by the City Council of the City of
Chanhassen,
ATTEST:
Don Ashworth, Clerk/Manager
Donald J. Chmiel, Mayor
0 003
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DEC -30 -1996 16:46 BRW
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