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1c TH 101 North Project CITYOF 7700 Market Boulevard PO Box 147 Chanhassen. M!.155317 Administration Phone: 952.227.1100 Fax: 952.227.11i0 Building Inspeclions ....... 952.227.1!80 Fa:,': 952.227. i190 Engineering Pnz-:e: 952 227.! i60 Fa:.: 952 227. i i 70 TO: Todd Gerhardt, City Manager FROM: DATE: SUBJ: Teresa J. Burgess, Public Works Director/City Engineer August 1, 2002 Approve Easement Agreements for TH 101 North Project No. 97-12-3 REQUESTED ACTION Approve the attached easement agreements fOr the TH 101 North Trail project and payment to the property owners. DISCUSSION Finance Phone: 952.227.1i40 952.227.1ii0 Park & Recreation Pho'~e: 952 227.i120 Fzx: 952.227.] i!0 Ph:~Fe: g52.22T.i400 Fax: 952.227.i404 Planning & Natural Resources Pr-o:',~: 952.227.1130 The City needs to obtain easements from 29 parcels for the TH i01 North Trail. The City's attorney has contacted all 29 property owners. To date, the City has received back 14 signed agreements, 9 of which have been previously approved by the City Council. Easement values were based on a mass appraisal that was done for this project. A minimum offer of $100 was made on all easements to be acquired. Easement acquisition was included in the original project budget. A copy of the mass appraisal is on file in the Engineering Department. Council is recommended to approve agreements with the following property owners and payment as shown: Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Cenler Phone: 952.227. i i25 Fax: 952.227.1110 Web Site .......... u~,z,,, aS~ ~.,'Th,.US Parcel Property Owner Type of Payment No. Easement Amount 4 Janet L. Weaver Temporary $604.00 14 Frederic Oelschlager and Temporary $606.00 Robin Oelschlager 17 Robert W.J. and Temporary $103.00 JoAnne Mortenson 20 Kurvers Point Homeowners Temporary $246.00 Association 23 Kyung S. Kurth Temporary/ $934.00 Permanent 26 Leon Narem and Temporary $2,254.00 Marilu Narem c' Joel Rutherford, HTPO Mathew Foli, Campbell Knutson g:\eng\public\97-12-3Xapprove easement a~eements 2.doc The City of Chan~assen ·" 3to;vino community ,,',,itt] clean lakes, ouafity schools, a ct~arming downtown, thriving businesses, winding ~' · "~ tro,,s, and beautiful parks. A gent p!ace to hve. work. and play. CITYOF 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1 !80 Fa',:: ~,~z 22/. i 190 Engineering Ph?e: 952.227.i160 ,¢..~;', 952.227.1i70 Finance P!~one 952227.!i40 Fair. 952.227 ii10 Park & Recreation Pzzre: 952.227.!120 F:.,-952.227.1!i0 2.3i0.3oul~er Bo:;ievard Pc'one. 952 227.1,;03 Fax: 952.227.1404 Planning & Nalural Resources Phone: 952.227.1 I30 Fa:,:: 952.227 ii i0 Public Works i591 Park Rcad Phone: 952.227.1300 Fax: 952.227.13i0 Senior Center Phone: 952.227.1125 Fax: ,952.227.1110 Web Site .... , ~; ,,,;-~ ~ r- · ....... u .~ ~:, ~dSS~,"!,.m, .US MEMORANDUM TO: Todd Gerhardt, City Manager FROM: DATE: SUBJ: Teresa J. Burgess, Public Works Director/City Engineer~_. August 1, 2002 ~ Approve Resolution for Condemnation of Parcel 29 for the Highway 101 Trail, Project 97-12-3 REOUESTED ACTION Approve the attached resolution for condemnation of Parcel 29 for easements for the construction of a trail adjacent to Highway 101 north of High;vay 5. DISCUSSION The City Council has awarded a construction contract for construction of a trail in the Highway 101 right-of-way north of Highway 5. The City Council has previously approved a condemnation resolution for Parcels 1 through 26. Parcel 27 is owned by the Mn/DNR and Parcel 28 is now tax forfeit property. To ensure continuity of the trail and to allow for future trail connections, easements are necessary on Parcel 29. C.' Mathew Foli, Campbell Knutson Joel Rutherford, HTPO g:\eng\public\97-12-3kstaff report 8-12-02.doc The Oily of Chanhassen * ;. grov,'ing communiti, ;','/th clean lakes, quality schools, a charming dov,'ntown, thriving businesses, winding trails, and beautifd parks. A gear place to live. work. and play. Date Motion By CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Resolution No. Seconded By RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENTS 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 the easements legally described on the attached Exhibit "A", subject to engineering modifications, if any, for public trail and temporary construction purposes in co~mection with Trunk Highway No. 101 Trail, City Project No. 97-12- 3; and WHEREAS, City staff and consultants have and will continue to work with the property owner(s) to acquire the 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, Mirmesota: That the City Attorney is authorized to commence eminent domain proceedings . pursuant to Minnesota Statutes Chapter 117 to acquire public trail and temporary construction easelnents legally described 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 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. ADOPTED this Chanhassen. day of August, 2002, by the City Council of the City of ATTEST' Linda C. Jansen, Mayor Todd Gerhardt, City Manager EXH~IT "A" TRUNK HIGHWAY NO. 101 TRAIL Owner: Robert B. Bongard Property Address' 6500 Chanhassen Road Property Identification No.' 25.0011900 PROPERTY DESCRIPTION: Real property located in Carver County, Minnesota, described as follows: South 240 feet of North 451 feet of East 503 feet of Southeast Quarter of Northeast Quarter of Section 1, Township 116, Range 23. EASEMENT DESCRIPTION: A permanent easement for public trailway purposes over, under and across the West 5 feet of the East 38 feet of the described property. Together with a permanent easement for public trailway purposes over, under and across the West 5 feet of the East 43 feet of the South 60 feet of the described property. Together with a temporary easement for trail construction purposes over, under and across the West 5 feet of the East 43 feet lying north of the South 60 feet of the described property. Together with a temporary easement for trail construction purposes over, under and across the West 5 feet of the East 48 feet lying north of the South 65 feet of the described property.