1a-2. Approve Finding of Fact-Trasferring of City Property Villages on the PondsCITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer
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DATE: September 18, 1996
SUBJ: Approve Findings of Fact - Transferring of City Property
Villages on the Ponds - 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 final platting of Villages on the Ponds. The basis of this transfer
is to trade parcels of land for the future right -of -way of Trunk Highway 101 (Market Boulevard).
The City, through condemnation proceedings, previously acquired fee title of land in conjunction
with the realignment of Trunk Highway 101 (Market Boulevard) from the Wards. Unused
portions of the City's property will be replatted into Villages on the Ponds. In return for the
transferring of the property, the applicant (Wards) is dedicating the remaining future right -of -way
of Trunk Highway 101. The approximate total area to be conveyed to the City from the applicant
is 138,584 square feet and is graphically depicted on Exhibit A. The approximate total area to be
conveyed to the Wards from the City is 24,488 square feet and is graphically depicted on Exhibit
B. Staff recommends that the City Council adopt the attached resolution conditioned upon
Villages on the Ponds' final plat approval and execution of the development contract for Villages
on the Ponds.
' ems
c: Vernelle Clayton, Lotus Realty
OFFICIAL ENGINEERING COPY
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Received
\ cfsl \vol2 \vdlWswansfw of propmty.fof dm
Revision No.
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Approved by City Engineer
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Approved by City Council
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MEMORANDUM
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date Resolution No.
Motion By Seconded By
RESOLUTION AUTHORIZING THE EXCHANGE
OF FEE TITLE TO REAL PROPERTY
WHEREAS, pursuant to eminent domain proceedings to acquire right of way
necessary for the realignment of Highway 101, the City of Chanhassen acquired fee
title to certain property located in the Southeast Quarter of the Northwest Quarter 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 Final Certificates filed with the Carver County
Recorder as Documents Nos. 121904, 149697 and 157302; and
WHEREAS, William J. Ward, Austin T. Ward, Mary Ellen Ward, John H.
Ward and Donna M. Ward, 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"), now seek to subdivide and plat the Ward Property in a plat
known as Villages on the Ponds; and
WHEREAS, in the future it will be necessary for the City to acquire additional
right of way over the Ward Property for the final realignment of Highway 101 to
properly intersect with the future realignment of Highway 212; and
WHEREAS, the proposed Villages of the Ponds plat of the Ward Property is
designed in a fashion that anticipates the future Highway 101 realignment to properly
intersect with Highway 212 and, if the plat is approved as designed, 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 are willing to convey to the City
a portion of the Ward Property reasonably anticipated to be needed for future right of
way for the Highway 101 realignment in exchange for the City's conveyance to them
of the right of way currently owned by the City that will not be needed for right of
42297
way if the proposed Villages on the Ponds Plat is approved; and
WHEREAS, the approximate total area to be conveyed to the City from the
Wards is 138.584 square feet and is graphically depicted on the attached Exhibit
"A ", and the approximately total area to be conveyed to the Wards by the City is
24,488 square feet and is graphically depicted on the attached Exhibit "B".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, as follows:
1. The proposed disposition by exchange of the property owned by the
Wards and graphically depicted on the attached Exhibit "A" for the
property owned by the City and graphically depicted on the attached
Exhibit "B" 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 exchange and acquisition authorized herein with the appropriate legal
descriptions as are determined appropriate by the City Attorney.
ADOPTED this day of
the City of Chanhassen.
, 1996, by the City Council of
ATTEST:
Don Ashworth, Clerk/Manager
Donald J. Chmiel, Mayor
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42297
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