Loading...
10. Annexation/Deannexation Request, City of Chaska1 i CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager ' DATE: August 12, 1994 ' SUBJ: Friendly Annexation/Deannexation, Chaska/Chanhassen, Southwest Corner of West 82nd Street and TH 41 ' The Chanhassen Public Works building used to sit on a very small parcel located at the southwest corner of West 82nd Street and Highway 41 (see attached map). The metal building that sat on that site was in bad repair and the "dead rat" that was found in the tank ' in the rafters (used to provide water for employees) was heavily used in our campaign seeking voter support for a new public works facility. ,In addition to its "condemned status," ' it also acted as a very poor entry into the City of Chaska. The new public works facility was built in 1978 and the old facility was then used for seasonal storage. During the time frame of 1989/90, the City of Chaska approached Chanhassen with an offer to purchase the property and to combine it with a larger parcel in Chaska. The site was to become the new home of NordicTrack. Pollution problems were discovered on the site ' necessitating NordicTrack to build on another site. Those corrections were accomplished and "Mammoth" has now completed the construction of their new facility at that location (part of the parking lot sits` in the City of Chanhassen).' ' I am attaching copies of the minutes from the 1989 90 time frame whereat the City g P / y Council debated the offer being made by NordicTrack/City of Chaska. I sincerely believe that everyone concerned anticipated that Chaska would be seeking to annex the smaller parcel owned by Chanhassen, but that action never occurred. During the closing on the Mammoth project, the discrepancy was brought out. Again, various sections of the minutes allude to the ' fact that Chaska would be carrying out that annexation but that part of the debate was very minor in comparison to the discussion regarding the value of the property, how we would ' replace the cold storage facility, etc. Attached please find a request from the City of Chaska asking that the process that should ' have occurred several years ago occur at this time. The value generated by 20 feet of parking Mayor and City Council August 12, 1994 ' Page lot produces very minor tax dollars in comparison to the grief that would be felt by Mammoth ' if they were forced into obtaining retroactive permits for their parking lot, landscaping, and continuously paying two tax statements. Approval of the friendly annexation/deannexation resolution is recommended. J !► _ ___ _ -__ _ - _ - - -__= =r n —__ -- —_ \ � I `v = = == _ ____ _______ - - _________ _=-� __= _� _ +-___ =_ =- 1 _____ -_ -- _- ____ -_- :�: __ -_-______-_____-___-- -_ -_ _- _- ____- ____- -_ -__ ___________ __ __ _ __ ______ _______ __ -___ . _-- _- _ -_ =__ Poo __ = = =__ � =_ = =_ = _ �_ =__ _ = = =- = ____ =__= ==_==______-___- _____ _ _ -__ _ _ _ _ __ _ _ _ _- _ _ 7 = - _ -- _ _ - _ - _ __ _ - _ - _ -- - - - _- - - _ ___ - - _ - - _ I -_ - __ __ -_ ___ ____ _ _ _ -__ __ -_ __ __ _- -- _ ___ _ _ —_ -_ _ -_ -- - __ - - ___ — __ _ —_- _ -,� -- _ __ __ - _ _ ______ ____ ____ _ __ _! -- ___ - - __ - _ - - - _ _- _ -# --__ __- - ______- _ _ - `J 1 C o, ivM 1' �b �e a SIN q° `G y 'Q �(` V ek'l f o i .City Council Meeting -toter 2, 1989 ' Todd Gerhardt: Not ours, no. Glen Panls: The piece behind it was. Councilman Johnson: The acreage behind is? ' Councilman Bout: So if I understand it correctly, then of course our piece can't be in their tax increment district but because it's not in the tax increment district, then it's really a different kind of financial comuitiment than the development you're making on your own pr YOU ctirrent property is in a tax increment district, then mor 7 If spending to improve that is, I assume you have a Housi you are Anthority that's really handling that a and Redevelopment xpenditure. Isn't that correct? Todd Gerhardt: The roadway improvements, the monies to pay for those roadway improvements would be assessed back against the benefitti the district so soriehowVOperties but dollars can't be expended outside those a boundary outside e that roadwa so they would have to put roadway. I haven't seen their -maps - co►�ld spend those ran:es on that Bill so I can't... tO0 �� where their district boundaries are C°`mclliman Boyt: Well wasn't there discussion a week ago that basically Chaska would be looking to annex this pi of property once the city had sold it? Todd Gerhardt: That is a possibility. ' Councilman Boyt: It would create a bit of a difficulty to have part building in Chaska and another part of the building in Chanhassen uldn' wo t it? Qr maybe not. ' Glen Panls: The parking lot is the only thing It's just a corner of the that would be affected by this. It for st is or would the hav parking lot that it affects. The only problem would pa, taxes to two different cities. Toodd Gerhardt: This would have it's own Parcel Identification Number. M Glen Palls: I guess from what I heard from Chaska, they didn't really mind that much if you left it in Chanhassen. It didn't really that what you got out of it? I 9 . uess they never said b them either way. Is definitely. ' Todd Gerhardt: Bill brings up a good concern is that can an development district boundary encompass another municipality goo economic municipality? V Don worth: I think that Chaska would look to try �. g anne One of the things I did on this, cost benefit sheet in the back pr oper v. ' Councilman Johnson: Oh that's yours? Don Ashworth: That's mine. The Mawr shared this use at NSP. But I'm gone through ocument with me that they property tax implications and I've ur made the assumption i ugh some of the n here that the parcel would go over case, whether it stayed in Chanhassen or Chaska, the yearly taxes would be 3 r City Council Meeting - - otember 25, 1989 1 were pretty much led to believe that this was all been taken care of between the two cities and that it was going to go smoothly but it's been a little harder than I thought but I guess what we've been trying to get through here is that we're starting grading. They're going to start cutting some of the underbrush tomorrow and the grading's going to probably start Thursday maybe. Wednesday or , Thursday. If we have to grade around that site, that's going to cost a lot more for us to come back and cut it down later and I guess at that point we'd just like to grade around it and leave it. Just build behind it. It really doesn't ' affect our building. We have to move about 15 parking stalls to another area but it doesn't reallv bother the other site that much and being that we're a mail order company, we're not really out for appearance. We're not trying to attract, we're not looking for words for the building or anything. We're just out to build a building. We need more space. The main thing is we've got to get going now because we've got a time restraint so we've put in an offer of $100,000.00 for a lot that we feel is only worth about $50,000.00, even with the ' buildings on it. We've made offers to look into helping maybe move some of your stuff into a mini- storages around here being that there seems to be an extra amount or surplus mini- storage space available. I guess none of that seems to , be enough to sway you into selling the property so we'd just like to say that we're basically to withdraw all offers and just go around it and see what happens. Councilwoman Dimler: Well I guess I'll start out. You know we never had the need to sell it in the first place. We would still have to spend between $36,000.00 to $50,000.00 for storage of those implements. ments. We're not ready to I move out before next spring and you're in a hurry to get going and you want to withdraw your offer. I guess that's what you'll have to do. , _ Glen Pauls: I guess the only problem can come up with MnDot requiring us, it's supposed to be downhill. The grade is supposed to be downhill off of TH 41 onto 82nd Street there and it's 13 foot uphill. I don't know what the percent grade is but I guess Chaska's already gone through with, I guess they're pretty much ' proposed grading that down for you. Doing the work and actually cutting the dirt down. Councilwoman Dind er: That was all premature. I did bring the qP.iestion up of annexation with Todd but we've never agreed to anything. Glen Pauls: I don't know about annexation. I think they were just going to do ' it even if you still owned it. I'm not sure how that all went. I wasn't in on that part of it. , Mayor Chmiel: Those are the things that we don't know. Councilman Workman: I was having a burger down at Butch's a couple weeks ago ' and Alderman Dale Diedrick, proprietor of the place and I ended up sitting and talking for a little bit. I spend a lot of time down in Chaska. In fact, right in City Hall and I would like to work something out here. I think we should _)�give it to Chaska. Somehow... Councilwoman Dinder: But they're in a hurry now. Councilman Workman: Again, I think these are issues that are locming large for the citizens of our conutunit_y. I'm not sure Don where we're going to come up 73 - - -- W Mawr second Yes, we have to get final and a second now. approval on this and we have a motion Cbm cilman Bpyt: So really we're doing this in two parts. The secon ' going to be accepting $100,000.00 offer with? d part is Mawr CYr del : Correct. CC) '.!Iman Workman moved, Councilwat�an D3mler seconded to reject the offer of $60,000.00 from Nordic Track for the property located at the southwest corner of TH 41 and 82nd Street. All voted in favor and the motion carried. Councilman Johnson: I move that we authorize Don to negotiate and accept on the behalf of the Co an offer of $100,000.00 rather than wait a wee k. for the timing Purpose of this 1 Coun BoYt; And st orage. Councilman Johnson: And the condition that Chaska, at no cost to Chanhassen, provide storage until our building is the City of other? completed in 1990. What Don Ashworth: That it. Mawr Clru.el: Without any additional contingencies? ' Councilman Johnson: Yeah. Counc k IMan Workman: s econ d . Cotm cilPlan Johnson moved, Councilman Wbrkman Manager to accept an offer of $100,000.00 for the to authorize the City southwest corner of TH 41 and 82nd Street contingenrthelCoitveofl�as�jsa, at no cost to the City of Chanhassen, Provide storage until � l the new building is completed in 1990. All voted in favor and Public works the motion carried. AUTHORIZE EXTENSION CF AMENDED C!JRSSIDE RB=LING CONTRACT Paul Krauss: On August 14th the Council ' charge for the rec_vcli approved an increase in the household 30 day cancellation Pe lr contract. was grand thro h incorporated. We re re(-xr di ug October with a Council act either to extend or cancel the contract ng that the City can attempt to arrange for service until the end of theme as Possible ao we are ec n C that the Cbuncil extend the contract until the end of D r . if T Rclicling g Commission is Preparing a draft r YOU So Wish. We contract that's going to be sent out in the v fi proposals on the Options for the coming year. With that again we are r future that gives spore contract be extended to the end of the tear* eccrrwdrng that the 13 e PURCHASE AGREEMENT AGREEMENT made this / 7 day of O , 1989, between THE CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter "City"), and NORDICTRACK, INC., a Minnesota corporation (hereinafter "Buyer"). vFr+Tmar.0 A. City is the owner of certain real property in the City of Chanhassen, Carver County, State of Minnesota, (hereinafter "subject property "), legally described as follows: That part of the North Half of the Southwest Quarter of Section 16, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section 16; thence South 89 degrees 55 minutes 53 seconds East, assumed bearing, 1079.26 feet along the north line of said Southwest Quarter to the point of beginning of the tract to be described, said north line being the centerline of a public roadway; thence South 01 degrees 48 minutes 14 seconds East 200.00 feet; thence South 89 degrees 55 minutes 53 seconds East 286.08 feet to a point on the east line of said Southwest Quarter; thence continuing East, parallel to the north line of said Southwest Quarter of said Section 16, a distance of 74 feet, more or less, to the centerline of U.S. Highway No. 41; thence North along said centerline a distance of 200 feet, more or less, to said north line of said Southwest Quarter; thence West along said north line a distance of 326.7 feet, more or less, to the point of beginning. Subject to an easement for highway purposes over the easterly 33 feet and over the northerly 33 feet thereof. B. Buyer desires to purchase the subject property, and City is willing to sell the same to Buyer, subject to the terms hereinafter set forth. IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 10/12/89 r, L� J J F 1. Sale of Subject Property. City agrees to sell and convey to Buyer by general warranty deed, and Buyer agrees to purchase the subject property, subject to the following encumbrances: a) Building, zoning, and subdivision ordinances, and state and federal regulations; b) Restrictions relating to use or improvement of premises not subject to unreleased forfeiture; c) Reservations of any minerals or mineral rights to the State of Minnesota; d) Public roads, highways, utilities or rights -of -way; 2. Payment of Purchase Price. Buyer shall pay to City as consideration for the purchase of the subject property the sum of One Hundred Thousand and 00 /100 Dollars ($100,000.00), payable as follows: a) Earnest money of Eighty Thousand and 00 /100 Dollars ($80,000.00) in cash, payable upon execution of this Agreement; b) The balance of Twenty Thousand and 00 /100 Dollars ($20,000.00), in cash, payable upon execution of this Agreement, shall be placed by City in a special account at the State Bank of Chanhassen. The money shall remain in the special account until such time as City has furnished marketable title to Buyer. In order that Buyer may verify that City has marketable title, City shall provide an Abstract of Title continued to date to Buyer at the earliest practicable time in accordance with the terms of this Agreement. It is further expressly agreed by the parties that if City has not provided marketable title within six (6) months of the date of execution of this Agreement, then Buyer shall have the right to take such reasonable action as is necessary to have marketable title furnished by City to Buyer. Buyer shall be reimbursed by City its reasonable costs and expenses incurred in establishing marketable title, not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00) from the special account at the State Bank of Chanhassen. 3. Closing. The closing of this transaction shall take place on October 24, 1989, at such location and at such time as may be mutually agreed upon by the parties. -2- i 4. Possession. In consideration of the substantial earnest money paid to City by Buyer, City does hereby acknowledge and agree that the , Buyer shall have immediate possession of the subject property upon execution of this Agreement, including the right to demolish and remove , all buildings located upon the subject property and to grade and excavate upon the subject property in such a manner as Buyer deems necessary, ' including the removal of dirt to a point approximately thirteen (13) feet in depth. In order that such buildings may be removed, City shall remove ' its personal property from the subject property not later than October C , i7 1989. , 5. Real Estate Taxes. Real estate taxes (including , installments of special assessments certified for payment therewith) payable in the year of closing shall be paid by City. All real estate taxes and special assessments due and payable in the year 1990 and ' thereafter shall be paid by Buyer. City makes no representation concerning the amount of future real estate taxes. 6. Survey. A survey of the subject property, if required for any reason, shall be paid for by Buyer. ' 7. Condition of Property. Buyer has examined the subject its The Buyer to property and is satisfied with condition. agrees purchase the subject property in "AS IS" condition without reliance upon ' any representations from City about the condition of the property. 8. Contingencies. Pursuant to the terms of possession set forth in paragraph 4 of this Agreement, Buyer shall be required to maintain a policy of comprehensive general public liability insurance , covering the subject property from the date of execution of this , Agreement until such time as marketable title is established and a -3- I warranty deed is delivered to Buyer by City. The policy shall be maintained in the following amounts: Minimum coverage per person per occurrence of $500,000; minimum coverage per occurrence of $1,000,000. Prior to execution of this Agreement the Buyer shall furnish a certificate of insurance to the City naming the City as an additional insured on the policy. 9. Representation by City. The City represents that to the �I I n best of its knowledge there is presently no asbestos or substances located, stored, used or disposed of on the subject property which are listed as "'hazardous" or "toxic" in the Comprehensive Environmental Response Compensation Act, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or any other federal, state, or local law regulating toxic or hazardous substances. 10. Default. In the event the City substantially defaults in any terms or conditions of this Agreement, the Buyer shall have the option to declare this Agreement null and void and all monies paid, except the earnest amount of Eighty Thousand and 00 /100 Dollars ($80,000.00), shall be refunded to Buyer. In addition, Buyer shall have available all other remedies available in law or equity. If Buyer defaults in any terms or conditions under this Agreement, the City shall have the option to declare this Agreement null and void and shall be entitled to retain the earnest money payment. In addition, City shall have available all other remedies available in law or equity. 11. Notices. Any and all notices required by this Agreement shall be made in writing and delivered personally or by prepaid, certified mail to the parties as follows: :X-C As to Seller: City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 Attention: Don Ashworth ' As to Buyer: NordicTrack, Inc. 12. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns, and the provisions of ' this Agreement shall survive the closing. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. , CITY OF CHANHASSEN BY: �,L! Donald J. 5Mel, Mayor ' AND Don Ashworth, - City Manager NORDICTRACK INC. ' BY: Its -5- ` J I ' J 113 REALTOR"' C( IMERCIAL - INDUSTRI PURCHASE AGREEMENT FORM APPROVED BY GREATER MiNNEAPOI IS AREA BOARD OF REALTORS' (DEC 19851 RECEIVED OF NordicTrack Inc. the sum of -0- Chaska MN October 2 19 89 ($ -0- —)DOLLARS u hKk Ce,r ,, ? 0 ,; state we , h as earnest money and in part payment for the purchase of property at southwest corner of Highway 41 and 82nd Street situated in the County of Carver State of Minnesota, and legally described as follows, to -wit: 1.5 acres, feet x eet in the northwest quarter of the southwest quarter. Section 16, Township 116, Range 23, Parcel number 25- 0160700. all of which property the undersigned has this day sold to the buyer for the sum of: Sixty Thousand and No /100 --------------------------- - - - - -- 60,000.00 which the buyer agrees to pay in the following manner: ($ —)DOLLARS, Earnest money herein paid $ -0- and $ 60, 000.00 cash, on the date of closing. *See attached addendum for contingencies Subject to performance by the buyer the seller agrees to execute and deliver a Marketable Warrantv Deed conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) RIGHTS OF TENANTS AS FOLLOWS: Buver shall pay Prorata to d atYtl"e9" &n4xes and installments of special assessments due and payable in 1989 A all suchh taxes and installments of special assessments when due in subsequent Pror '1 1 99 Seller shall ay ata to a o dlosr> P cr�th e rea esta a es and installments of special assessments due and payable in nd all such taxes and installments of special assessments in prior years. Seller covenants that buildings, if anv. are entirely within the hondary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. The seller further agrees to deliver possession on na to of C1 nai ng provided that all conditions of this agreement have been complied with. In the event this property is destroyed or, substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the Buyer's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest. insurance. utilities and any other operating expenses. shall be made as of na to of Cl mai ng The seller, shall, within a reasonable time after approval of this agreement. furnish an abstract of title, or a Registered Property Abstract certified to date and to include proper searches covering bankruptcies, and State and Federal judgment and liens. The Buver shall be allow ed days after receipt thereof for examination of said title and the making of any objections thereto. said objections to he made in w ri tins; or deemed to be waived, Ifany objections are so made the seller shall be allowed 120 days to make such title marketable Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buver, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as provided. this agreement shall be null and void, at option of buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property be found marketable orbe so made within said time, and said buyer shall default in any of the agreements and continue in default fora period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests ma> appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. In the event Buyer defaults in his or her perform ncr of the terms of this Agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination pericxl shall he thirty (30) days as permitted by Subdivision 9 of MSA 559.21. It is understood and agreed that this sale is made subject to the approval by the ownerof said premises in writing and that the undersigned agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. It is understood that seller /buyer has until to accept the terms and conditions of this purchase agreement. The delivery of all papers and monies shall be made at the office of: AGENCY DISCLOSURE: stipulates he or she is representing the in this transaction. The listing agent or broker stipulates he or she is representing the seller in this transaction. 1, the undersigned, owner of the above property, do hereby approve the above agreement and the sale thereby made. Dated By I hereby agree to purchase the said property for the price and upon the terms above mentio en bject all conditions herein expressed. /� _ 2 ^� Dated i Hui «r (SEAR H , (SEAL) °GALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. Form NG GMLS - nn iRe, 12 -ss NordicTrack, Edward A. Pauls ILI to Buyer City of Chanhassen Seller - ._,.....,.. a reea t -- �- ..,.,n aay.zt, the ter mination cr K hat this sale is made sub ub ✓" period shall h. nt is in no manner liahlo ,._ iect to tho �.,, , .. , L � Q ✓_ Sa�L� Addendum to Purchase Agreement dated 10/2/1989 Between ' NordicTrack Inc. and The City of Chanhassen , This Purchase Agreement is contingent upon the following: ' 1. We must have a written bill of sale from the Council by 10/6/89 and , closing must be done as soon as possible thereafter. 2. The equipment in and around the building must be removed by 10/10/89. ' NordicTrack, Edward A. Pauls ILI to Buyer City of Chanhassen Seller - ._,.....,.. a reea t -- �- ..,.,n aay.zt, the ter mination cr K hat this sale is made sub ub ✓" period shall h. nt is in no manner liahlo ,._ iect to tho �.,, , .. , L i I August 17, 1994 Mr. Don Ashworth. City Manager City of Chanhassen Chanhassen City Hall ' P.o. Box 147 Chanhassen, MN 55317 -014 Chaska Dear Don: Of The purpose of my letter asconcurxentlannexaticnt Chanhassen ' suppor f detachment of the small parcel located thetbordernbetweenZtheStwoecommuni�ties 41. With she annexation would be clearly identified as 82nd Street. Further, as you are or aware, the adjacent property is currently under deYovedmsitefplan the Mammoth industrial facility. Based on the imp_ no buiiding would be located on thispparcel, although a portion of the access drive would cr The land is owned by Steiner Development, who is developing the facility with the lease back to Mammoth, Inc. The City sincerely appreciates your continued cooperation. If you have any questions concerning the request, please feel free to contact me at your convenience. DP : jai I L 1121 Tye 82NDo, '�40 82ND T F 80 Q NCPCJCTPACK IN C, DOG. NO. 120927 mb� < 0 I i 80 1 - - -1 I LIB' 16 -1 , 1 I I i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ' DATE: RESOLUTION NO: ' MOTION BY: SECONDED BY: A RESOLUTION CONCERNING THE CONCURRENT DETACHMENT ' AND ANNEXATION OF LAND WHEREAS, Minnesota Statute 414.061 authorizes the concurrent detachment and annexation of land; WHEREAS, the cities of Chanhassen and Chaska have agreed to the concurrent detachment and annexation of a parcel of property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, ' Minnesota as follows: 1. The following described land shall be detached from the City of Chanhassen and ' annexed to the City of Chanhassen: That part of the North Half of the Southwest Quarter of Section 16, Township ' 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section 16; thence South 89 degrees 55 minutes 53 seconds East, assumed bearing, 1079.26 feet along the north line of said Southwest Quarter to the point of beginning of the tract to be described, said north line being the centerline of a public roadway; thence South 01 degrees 48 minutes 14 seconds East 200.00 feet; thence South 89 degrees 55 minutes 53 seconds East 286.00 feet to a point on the east line of said Southwest Quarter; thence continuing East, parallel to the north line of said Southwest ' Quarter of said Section 16, a distance of 74 feet, more or less, to the centerline of U.S. Highway No. 41; thence North along said centerline a distance of 200 feet, more or less, to said north line of said Southwest quarter; thence West along said 1 north line a distance of 326.7 feet, more or less, to the point of beginning. Subject to an easement for highway purposes over the easterly 33 feet and over the northerly 33 feet thereof. ' 2. This resolution is contingent upon the City of Chaska adopting a similar resolution approving the aforementioned detachment and annexation and is further contingent 1 upon the approval of the Minnesota Municipal Board. 3. The City Manager is directed to forward a copy of this resolution to the City of ' Chaska. Upon receipt of a similar resolution from the City of Chaska, he is further directed to forward a copy of this resolution to the Minnesota Municipal Board. Passed and adopted by the Chanhassen City Council this day of August, 1994. ATTEST: , Don Ashworth, City Clerk/Manager Donald J. Chmiel, Mayor ' YES NO ABSENT