2001-15.DOC CITY OF CHANHAS SEN
CARVER AND HENNEP1N COUNTIES, MINNESOTA
RESOLUTION
Date: March 12, 2001 Resolution No: 2001-15
Motion By: Peterson Seconded By: Kroskin
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 described on the attached
Exhibit "A" for public sanitary sewer and temporary construction purposes in connection with
Improvement Project No. 00-01, BC-7 Trunk Sanitary Sewer and BC-8 Trunk Sanitary Sewer
and Lateral Watermain; and
WHEREAS, City staff and consultants have and will continue to work with the property
owners 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,
Minnesota:
1. That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statute Chapter 117 to acquire sanitary sewer and temporary construction
easements described on the attached Exhibit "A".
2. That the City Attorney is authorized to acquire the necessary property interests
pursuant to the "quick take" provisions of Minnesota Statute § 117.042.
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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 12th day of March, 2001, by the City Council of the City of Chanhassen.
ATTEST:
Scott Botcher, City Manager
Linda C. Jansen, Mayor
YES
Jansen
Labatt
Peterson
Kroskin
Ayotte
NO AB SENT
None None
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EXHIBIT "A"
Parcel No. 1
John B. Przymus
PID 25-010-0800
A strip, 40 feet wide, for sanitary sewer easements purposes over, under and across the following
described property:
That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116,
Range 23 and the Northwest Quarter of the Northwest Quarter of Section 15, Township 116,
Range 28, Carver County, Minnesota, described as follows:
Beginning at the southwest corner of said Section 10; thence on an assumed bearing of North
01 degree 56 minutes 40 seconds West along the west line of said Southwest Quarter, a
distance of 1026.89 feet; thence South 79 degrees 32 minutes 20 seconds East, a distance of
177.77 feet; thence South 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet;
thence South 78 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence South
78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence South 74 degrees 32
minutes 20 seconds East, a distance of 150.00 feet; thence South 47 degrees 17 minutes 20
seconds East, a distance of 75.43 feet, thence North 82 degrees 42 minutes 40 seconds East, a
distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a distance of
84.58 feet; thence South 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet;
thence South 18 degrees 17 minutes 40 seconds West, a distance of 824.19 feet to the
northerly right-of-way line of Truck Highway 5; thence North 85 degrees 54 minutes 50
seconds West along said Northerly right-of-way, a distance of 33.08 feet; thence South 56
degrees 40 minutes 55 seconds West along said northerly right-of-way, a distance of 158.95
feet; thence North 85 degrees 54 minutes 50 seconds West along said northerly right-of-way,
a distance of 518.22 feet to the west line of the Northwest Quarter of Section 15, Township
116, Range 23; thence North 01 degree 37 minutes 50 seconds West along said west line of
the Northwest Quarter, a distance of 9.12 feet to the point of beginning.
The centerline of said strip being described as follows:
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Commencing at the southwest corner of said Section 10, Township 116 North, Range 23 West;
thence northerly along the west line of said Section 10 a distance of 897.60 feet to the beginning
of the centerline to be described; thence northeasterly deflecting to the right 72 degrees 25
minutes 12 seconds a distance of 130.00 feet; thence southeasterly deflecting to the right 28
degrees 44 minutes 37 seconds a distance of 376.80 feet and there said centerline terminating.
Together with a strip, 60 feet wide, for sanitary sewer easements purposes over, under and across
the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence on a prolongation of the
last course a distance of 23.20 feet; thence southeasterly deflecting to the right 14 degrees 48
minutes 29 seconds a distance of 450.00 feet and there said centerline terminating.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 40 foot permanent easement.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 60 foot permanent easement.
Parcel No. 2
Lundgren Brothers
PID 25-009-0300
A strip, 40 feet wide, for sanitary sewer easements purposes over, under and across the following
described property:
Outlot K, THE MEADOWS AT LONGACRES, Carver County, Minnesota.
The centerline of said strip being described as follows:
Commencing at the south quarter corner of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet; thence southeasterly deflecting to
the right 101 degrees 34 minutes 16 seconds a distance of 305.00 feet; thence northeasterly
deflecting to the left 65 degrees 45 minutes 04 seconds a distance of 338.76 feet; thence
northeasterly deflecting to the left 6 degrees 12 minutes 44 seconds a distance of 325.00 feet to
the beginning of the centerline to be described; thence southeasterly deflecting to the right 75
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degrees 39 minutes 49 seconds a distance of 219.78 feet said centerline terminating.
Together with a strip, 60 feet wide, for sanitary sewer easements purposes over, under and across
the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence on a prolongation of the
last course a distance of 28.59 feet; thence southeasterly deflecting to the right 24 degrees 18
minutes 56 seconds a distance of 400.00 feet; thence southeasterly deflecting to the left 15
degrees 15 minutes 31 seconds a distance of 400.00 feet; thence southeasterly deflecting to the
left 0 degrees 49 minutes 06 seconds a distance of 20.00 feet and there said centerline terminating.
Together with a strip, 40 feet wide, for sanitary sewer easements purposes over, under and across
the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence on a prolongation of the
last course a distance of 380.00 feet; thence southeasterly deflecting to the right 32 degrees 55
minutes 14 seconds a distance of 364.29 feet; thence southeasterly deflecting to the right 12
degrees 20 minutes 51 seconds a distance of 350.00 feet; thence southeasterly deflecting to the
left 50 degrees 05 minutes 37 seconds a distance of 250.00 feet; thence northeasterly deflecting to
the left 35 degrees 50 minutes 26 seconds a distance of 250.00 feet and there said centerline
terminating.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining each of the above two described 40 foot permanent easements.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 60 foot permanent easement.
Parcel No. 3
John P. Savaryn Estate
PID 25-009-1700
A strip, 40 feet wide, for sanitary sewer purposes over, under and across the following described
property:
That part of the West Half of the Southeast Quarter of Section 9, Township 116 North, Range 23
West of the 5th Principal Meridian which lies west of the west line of the East 30.00 acres of said
West Half of the Southeast Quarter, excepting therefrom the following parcel of land:
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That part of the Southeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at the Northwest corner of said Southeast
Quarter; thence South 0 degrees 18 minutes 53 seconds East 1302.00 feet along the west line of
said Southeast Quarter to the point of beginning; thence continuing South 0 degrees 18 minutes
53 seconds East along the west line of said Southeast Quarter to the Southwest corner of said
Southeast Quarter; thence South 88 degrees 35 minutes 03 seconds East a distance of 825.00
feet; thence North 0 degrees 18 minutes 53 seconds West 541.80 feet; thence South 89 degrees
41 minutes 07 seconds West 440.07 feet; thence North 0 degrees 18 minutes 53 seconds West
873.64 feet; thence South 89 degrees 41 minutes 07 seconds West 348.75 feet to the point of
beginning.
The centerline of said strip being described as follows:
Commencing at the south quarter corner of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet to the beginning of the centerline to
be described; thence southeasterly deflecting to the right 101 degrees 34 minutes 16 seconds a
distance of 305.00 feet; thence northeasterly deflecting to the left 65 degrees 45 minutes 04
seconds a distance of 338.76 feet; thence northeasterly deflecting to the left 6 degrees 12 minutes
44 seconds a distance of 325.00 feet; thence southeasterly deflecting to the right 75 degrees 39
minutes 49 seconds a distance of 219.78 feet said centerline terminating.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 40 foot permanent easement.
Parcel No. 4
John P. Savaryn Estate
PID 25-009-0300
A strip, 40 feet wide, for sanitary sewer purposes over, under and across the following described
property:
The East Half of the Southwest Quarter of Section 9, Township 116 North, Range 23 West,
Carver County, Minnesota, excepting therefrom the following parcels of land:
Parcel 1: Beginning at the center of Section 9, Township 116, Range 23, Carver County,
Minnesota; thence West along the North line of the Southwest Quarter of said section a distance
of 228.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.80 feet along
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the Easterly right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees
45 minutes on a line parallel to the North line of the said Southwest Quarter of said section a
distance of 571 feet more or less, to a point on the East line of the Southwest Quarter of said
section distant 390.00 feet South of the center of said section; thence North 390.00 feet to the
point of beginning.
Parcel 2: That part of the Northeast Quarter of Section 9, Township 116 North, Range 23 West
of the 5th Principal Meridian described as follows: Commencing at the Northeast corner of said
Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 0 degrees 18
minutes 53 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter,
a distance of 1302.00 feet; thence South 89 degrees 41 minutes 07 seconds West a distance of
540.00 feet to the point of beginning of the land to be described; thence North 0 degrees 18
minutes 53 seconds West distance of 360.00 feet; thence North 45 degrees 18 minutes 53 seconds
West a distance of 135.00 feet; thence South 89 degrees 41 minutes 07 seconds West a distance
of 388.26 feet, to the center line of State Trunk Highway No. 41; thence southerly, along said
center line, a distance of 496.69 feet, to the intersection with a line drawn South 89 degrees 41
minutes 07 seconds West from the point of beginning; thence North 89 degrees 41 minutes 07
seconds East a distance of 679.41 feet, to the point of beginning.
Parcel 3: Commencing at the Northeast corner of the Southwest Quarter of Section 9, Township
116 North, Range 23 West; thence South 0 degrees 18 minutes 53 seconds East 1302.00 feet
along the East line of said Southwest Quarter to the point of beginning of the tract to be
described; thence South 89 degrees 41 minutes 07 seconds West distance of 1302.4 feet to the
West line of the East Half of said Southwest Quarter; thence South 0 degrees 03 minutes 04
seconds West 1351.04 feet along the West line of said East Half of the Southwest Quarter to the
Southwest corner of said East Half of the Southwest Quarter; thence South 88 degrees 35
minutes 20 seconds East 1311.63 feet along the South line of said East Half of the Southwest
Quarter to the Southeast corner of said Southeast Quarter; thence North 0 degrees 18 minutes 53
seconds West along the East line of said Southwest Quarter to the point of beginning.
The centerline of said strip being described as follows:
Commencing at the south quarter corner of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet to the beginning of the centerline to
be described; thence northwesterly deflecting to the left 78 degrees 25 minutes 44 seconds a
distance of 95.00 feet; thence northwesterly deflecting to the right 22 degrees 02 minutes 46
seconds a distance of 265.00 feet; thence northwesterly deflecting to the right 6 degrees 42
minutes 17 seconds a distance of 360.00 feet; thence northwesterly deflecting to the left 0 degrees
30 minutes 07 seconds a distance of 168.62 feet; thence northeasterly deflecting to the right 89
degrees 13 minutes 55 seconds a distance of 400.00 feet and there said centerline terminating.
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Together with a strip, 50 feet wide, for permanent sanitary sewer easement purposes over, under
and across the above described property. The centerline of said strip being described as follows:
Commencing at the south quarter corner of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet; thence northwesterly deflecting to
the left 78 degrees 25 minutes 44 seconds a distance of 95.00 feet; thence northwesterly
deflecting to the right 22 degrees 02 minutes 46 seconds a distance of 265.00 feet; thence
northwesterly deflecting to the right 6 degrees 42 minutes 17 seconds a distance of 360.00 feet;
thence northwesterly deflecting to the left 0 degrees 30 minutes 07 seconds a distance of 168.62
feet to the beginning of the centerline to be described; thence northwesterly deflecting to the left 4
degrees 50 minutes 03 seconds a distance of 354.43 feet; thence northwesterly deflecting to the
right 13 degrees 25 minutes 17 seconds a distance of 380.00 feet and there said centerline
terminating.
Together with a strip, 70 feet wide, for permanent sanitary sewer easement purposes over, under
and across the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence northwesterly on a
prolongation of the last course a distance of 20.00 feet; thence northwesterly deflecting to the left
46 degrees 40 minutes 38 seconds a distance of 371.03 feet and there said center line terminating.
Together with strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 40 foot permanent sanitary sewer easement.
Together with strip 75 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 50 foot permanent sanitary sewer easement.
Parcel No. 5
Byron and Mary Olson
PID 25-009-0400
A strip, 40 feet wide, for sanitary sewer purposes over, under and across the following described
property:
Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota; thence
West along the North line of the Southwest Quarter of said section a distance of 228.05 feet;
thence deflecting to the left 49 degrees 15 minutes a distance of 514.80 feet along the Easterly
right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees 45 minutes to
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a line parallel with the North line of said Southwest Quarter a distance of 571 feet more or less, to
a point on the East line of the Southwest Quarter of said section a distant of 390.00 feet South of
the center of said section; thence North 390.00 feet to the point of beginning.
The centerline of said strip being described as follows:
Commencing at the south quarter corner of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet; thence northwesterly deflecting to
the left 78 degrees 25 minutes 44 seconds a distance of 95.00 feet; thence northwesterly
deflecting to the right 22 degrees 02 minutes 46 seconds a distance of 265.00 feet; thence
northwesterly deflecting to the right 6 degrees 42 minutes 17 seconds a distance of 360.00 feet;
thence northwesterly deflecting to the left 0 degrees 30 minutes 07 seconds a distance of 168.62
feet to the beginning of the centerline to be described; thence northeasterly deflecting to the right
89 degrees 13 minutes 55 seconds a distance of 400.00 feet and there said centerline terminating.
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