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2011-31 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 13, 2011 RESOLUTION NO: 2011 -31 MOTION BY: Tjornham SECONDED BY: McDonald RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES PROJECT NO. 11 -05 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 easements over the property identified on the attached Exhibit "A ", subject to engineering modifications, if any, for purposes in connection with City Trail Project No. 11 -05; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements; and WHEREAS, the City Council finds that the construction timing makes 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 Statutes Chapter 117 to acquire the necessary easements over the property identified on the attached Exhibit "A ", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interest 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. 4. The City has obtained appraisals of the property being acquired. The Council hereby authorizes the City Manager to approve the appraisals and staff to continue negotiations with the property owners relating to the acquisition of the easements. Passed and adopted by the Chanhassen City Council this 13 day of June, 2011. ATTE T: ( " ----- A 1 Tod Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSE Furlong None None Ernst Laufenburger McDonald Tjornhom EXHIBIT "A" Parcel 1 6500 Chanhassen Road Lot 3, Block 1, Metzig Addition Parcel 2 91 Olympic Circle East Lot 28, Block 2, Near Mountain Parcel 3 88 Olympic Circle East Lot 27, Block 2, Near Mountain Parcel 4 90 Olympic Circle East Lot 26, Block 2, Near Mountain Parcel 5 91 Shasta Circle East Lot 19, Block 2, Near Mountain Parcel 6 88 Shasta Circle East Lot 18, Block 2, Near Mountain