1m. Approve Resolution Authorizing Acquisition of Permanent and Temporary Easements for Projects 91-17A, 91-17B and 93-261 11
III
I I
I I
I I MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
i
FROM: Charles Folch, Director of Public Works /City Engineer
Actions by City Administrator
Endorsed f 72w A -
Modi ied-...____..-,,,,-
Re;ect ?d�
Data sub ^Yad to ('ammissiort
DATE: December 6, 1994,, , f
SUBJ: Approve Resolution Authorizing Acquisition of Temporary Easements for
Improvement Project Nos. 91 -17A, 91 -17B and 93 -26
Attached please find a letter and resolution from thi Attorney's office for the acquisition of
permanent and temporary easements for Improvement Project Nos. 91 -17A, 91 -17B and 93 -26.
The majority of the easement acquisition neirded is';for the proposed Galpin Boulevard /South
Frontage Road Improvement Project No �3 -26; however, there are a couple of easements
associated with the 91 -17A and 91 -17B for which righ,�, f- entries had previously been obtained
from the property owners to construct thtevimprovement '.and, as a matter of housekeeping, now
is the appropriate time to prepare and execute the permanent documents for these easements.
c: Dave Hempel, Assistant City E
Phil Gravel, BRA
James Unruh, Barton- Aschman
Gary Fuchs, City .Attorney
g. \eng \thanes \cc \easement
_,
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorney, at Lixv
TI, N1
hi, 11, December 6, 1994
{.n.. • {; I;,,;,.�h VIA FACSIlVULE TRANSMISSION
AND REGULAR MAEL
' CITY OF CHANHASSEN
WROWN
Mr. Charles Folch DEC 0 7 1994
Chanhassen City Hall
690 Coulter Drive, Box 147 ENGINEERS DEPT,
Chanhassen, Minnesota 55317
Re: Galpin Boulevard Improvement Projects #91 -17A, 91 -17B, and 93 -26
Dear Charles:
Pursuant to our discussion, please find enclosed the Resolution Authorizing
Acquisition of Permanent and Temporary Easements for the proposed Galpin Boulevard
project.
Please place the enclosed Resolution on the agenda for the next City Council
meeting.
If you have any questions regarding the above, please give me a call.
Very truly yours,
GGF:cjh
Enc sYu
cc: Mr. Don Ashworth
Ms. Karen Engelhardt
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
B
9��(: �� s
Gary G. Fuchs
q -
�u; • E1,.1n. 111 Office Cmcr • 1 iS: Corporate Center Curve • Ea�- MN 55121
CITY OF CHANHASSEN '+
CARVER AND HENNEPIN COUNTIES, MINNESOTA ,
RESOLUTION
Date Resolution
Motion By Seconded By
RESOLUTION AUTHORIZING ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR THE PROPOSED GALPIN BOULEVARD
IMPROVEMENT PROJECTS ##91 -17A, 91 -17B and 93 -26
RESOLVED, that 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 the proposed Galpin Boulevard Improvement
Project ##91 -17A. 91 -17B and 93 -26; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk/Manager are
hereby authorized and directed to execute all documents neces -sary to effect the
acquisition of the aforementioned easements, and that the City Attorney be, and hereby
is, authorized and directed to effect negotiations and /or, if necessary, institute
condemnation proceedings and to do all things necessary and incidental thereto to acquire
the easements pursuant to Minnesota Statutes Chapter 117 under the "quick take"
provisions of the Statute.
ADOPTED this day of , 1994, by the City Council of the
City of Chanhassen. '
ATTEST: '
Don Ashworth, Clerk/Manager
Donald J. Chmiel, Mayor I �
20035
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I .I EXHIBIT "A"
' (Douglas C. and Teresa J. Bentz)
A temporary construction easement over and across the south 225 of the east 43 feet of
' that part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 116,
Range 23, Carver County, Minnesota, described as follows:
' Commencing at the West Quarter comer of said Section 10; thence on an assumed
bearing of South 1 degree 56 minutes 40 seconds East along the west line of said
Southwest Quarter, a distance of 1,213.40 feet; thence North 88 degrees 03
' minutes 20 seconds East, a distance of 464.93 feet to the point of beginning of
tract to be described; thence North 1 degree 56 minutes 40 seconds West on a line
' parallel to said west line of Southwest Quarter, a distance of 289.19 feet; thence
North 88 degrees 03 minutes 20 seconds East, a distance of 777.13 feet; thence
South 6 degrees 43 minutes 00 seconds West, a distance of 66.03 feet; thence
' southerly a distance of 227.81 feet along a tangential curve concave to the west
having a radius of 3,452.34 feet and a central angle of 3 degrees 46 minutes 51
seconds; thence South 88 degrees 03 minutes 20 seconds West, a distance of
' 725.48 feet to the point of beginning. Subject to right -of -way in existing county
road and subject to roadway easement over the North 30.00 feet thereof.
(Theodore F. and Marlene M. Bentz)
A temporary construction easement over and across the easterly 43 feet of that part of the
West Half of the Southwest Quarter of Section 10, Township 116, Range 23, Carver
County, Minnesota, described as follows:
Commencing at the West Quarter comer of said Section 10; thence on an assumed
bearing of South 1 degree 56 minutes 40 seconds East along the west line of said
Southwest Quarter, a distance of 1,213.40 feet to the point of beginning of the
tract to be described; thence continuing South 1 degree 56 minutes 40 seconds East
along said west line of the Southwest Quarter, a distance of 455.48 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 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
North 18 degrees 17 minutes 40 seconds East, a distance of 259.05 feet; thence
northerly a distance of 469.80 feet along a tangential curve concave to the west,
20035 -2-
having a radius of 3452.34 feet and a central angel of 7 degrees 47 minutes 49 ,
seconds; thence South 88 degrees 03 minutes 20 seconds west along a line not
tangent to said curve, a distance of 1190.41 feet to the point of beginning. Subject t
to right -of -way in existing County Road.
(John B. and Sharon L. Przymus) '
A temporary construction easement over and across the most easterly 43 feet of that part
'
of the Southwest Quarter of Section 10, Township 116 North, Range 23 West and the
Northwest Quarter of Section 15, Township 116 North, Range 23 West all in Carver
County, Minnesota, lying west of the centerline of Carver County Road No. 117 and
'
north of the northerly right -of -way line of Minnesota Trunk Highway No. 5 and lying
South of the following property:
'
Commencing at the West quarter comer of said Section 10; thence on an assumed
bearing of South 1 degree 56 minutes 40 seconds East along the west line of said
'
Southwest Quarter, a distance of 1213.40 feet to the point of beginning of the tract
to be described; thence continuing South 1 degree 56 minutes 40 seconds East
along said west line of the Southwest Quarter a distance of 455.48 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 194.14 feet; thence
'
South 74 degrees 32 minutes 20 seconds East, a distance of 150 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 North 18
'
degrees 17 minutes 40 seconds East, a distance of 259.05 feet; thence northerly
a distance of 469.80 feet along a tangential curve concave to the west, having a
radius of 3452.34 feet and a central angle of 7 degrees 47 minutes 49 seconds;
'
thence South 88 degrees 03 minutes 20 seconds west along a line not tangent to
said curve a distance of 1190.41 feet to the point of beginning. Subject to a Right -
of -Way in existing County Road.
'
(James L. and Linda J. Leirdahl) '
A perpetual easement for public street, trail and utility purposes over, under and across
the northwesterly 33 feet of Lot 2, Block 1, Timberwood Estates, Carver County, ,
Minnesota.
Together with a temporary construction easement over and across the southeasterly 10
feet of the northwesterly 43 feet of said Lot 2.
20035 -3
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I ' (Mitchell _H. and Mary K. Krause)
' A perpetual easement for public street, trail and utility purposes over, under and across
that part of Lot 1, Block 1, Timberwood Estates, Carver County, Minnesota described
as lying west of the following described line and its northeasterly extension: Beginning
' at a point on the south line of said Lot 1, distant 10 feet east from the southwest comer
thereof, thence north and parallel with the west line of said Lot 1 a distance of 307.18
feet; thence northeasterly to a point on the northeasterly line of said Lot 1 distant 47.71
feet southeasterly from the most northerly comer of said Lot 1 and said line there
terminating.
Together with a temporary construction easement over and across said Lot 1. Said
temporary construction easement lying westerly of a line parallel with and 20.00 feet to
the right of the above described line.
(Curtis E. and Jean F. Beuning)
A perpetual easement for public street, trail and utility purposes over, under and across
the west 10 feet of Lot 1, Block 3, Timberwood Estates, Carver County, Minnesota.
(Richard P. Hartung and Wallace and Maxine Otto)
A perpetual easement for public street, trail and utility purposes over, under and across
all of Outlot B, Timberwood Estates, Carver County, Minnesota, except the west 60 feet
thereof.
(Betty O'Shaughnessy)
A perpetual easement for public street, trail and utility purposes over, under and across
the east 63 feet of the following described tract of land: Commencing at the northeast
corner of the Southeast Quarter of Section 16, Township 116, Range 23, Carver County,
Minnesota; thence East on East and West Quarter line of Section 15, Township 116,
Range 23, said Carver County, a distance of 146 feet to a point; thence in a
southwesterly direction along highway, a distance of 176 feet to a point about 10 feet
southwesterly of the bridge in said highway; thence in a northwesterly direction along the
south side of ditch 335 feet to a point in the East and West Quarter line of said Section
16, which said point is 194 feet and 4 inches West of the Northeast comer of the
Southeast Quarter of said Section 16; thence East on said East and West Quarter line, a
distance of 197 feet and 4 inches to the place of beginning.
20035 -4-
(Patrick J. and Karen C. Minger)
A perpetual easement for public street, trail and utility purposes over, under and across
the west 78 feet of that part of the north 634.71 feet of the Northwest Quarter of the
Southwest Quarter of Section 15, Township 116, Range 23, in Carver County,
Minnesota, lying easterly of the centerline of County Road No. 117 and lying northerly
and easterly of the following described line: Commencing at the northwest comer of the
Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 89
degrees 59 minutes 16 seconds East along the North line of the Northwest Quarter of the
Southwest Quarter a distance of 205.0 feet; thence South 0 degrees 0 minutes 44 seconds
West a distance of 50.00 feet to Point A; thence North 89 degrees 59 minutes 16 seconds
West a distance of 78.05 feet to the centerline of County Road No. 117, the point of
beginning of said line; thence returning South 89 degrees 59 minutes 16 seconds East a
distance of 78.05 feet to Point A; thence continuing South 89 degrees 59 minutes 16
seconds East a distance of 252.98 feet; thence southeasterly 323.35 feet along a tangent
curve concave to the southwest having a radius of 253.31 feet; thence South 16 degrees
50 minutes 50 seconds East, a distance of 79.77 feet; thence southerly 154.75 feet along
a tangent curve concave to the West, having a radius of 280.00 feet; thence continuing
South 124.64 feet along a tangent curve concave to the East, having a radius of 200.00
feet; thence South 69 degrees 06 minutes 49 seconds West a distance of 237.24 feet, and
there terminating.
(Roger and Gay Schmidt)
A perpetual easement for public street, trail and utility purposes over, under and across
the west 60 feet and over, under and across the north 100 feet of the following described
property:
That part of the Northwest Quarter of the Southwest Quarter of Section 15,
Township 116, Range 23, Carver County, Minnesota described as follows:
Commencing at the Northwest comerr of said Northwest Quarter of the Southwest
Quarter; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds
East, along the north line of said Northwest Quarter of the Southwest Quarter, a
distance of 205.00 feet; thence South 00 degrees 59 minutes 35 seconds West a
distance of 50.00 feet to the point of beginning of the land to be described; thence
South 00 degrees 59 minutes 35 seconds West a distance of 100.00 feet; thence
South 29 degrees 41 minutes 12 seconds East a distance of 600.00 feet; thence
South 35 degrees 41 minutes 01 seconds East a distance of 250.02 feet; thence
North 43 degrees 29 minutes 55 seconds West a distance of 273.60 feet; thence
North 66 degrees 09 minutes 52 seconds West a distance of 258.40 feet; thence
South 19 degrees 48 minutes 28 seconds West a distance of 187.05 feet to a point
on a line hereinafter referred to as line "A ", said line "A" bears South 70 degrees
20 minutes 47 seconds East from a point in the west line of said Northwest
20035 _5
Quarter of the Southwest Quarter a distance of 699.97 feet southerly of said
northwest corner of the Northwest Quarter of the Southwest Quarter; thence South
70 degrees 20 minutes 47 seconds East, along said line "A: ", a distance of 10.70
feet; thence South 4 degrees 55 minutes 09 seconds West a distance of 72.38 feet;
thence North 70 degrees 20 minutes 47 seconds West a distance of 148.99 feet to
the center line, of County Road No. 117, thence northerly along said centerline,
a distance of 731.97 feet to a point on a line which bears North 89 degrees 00
minutes 25 seconds West from said point of beginning; thence South 89 degrees
00 minutes 25 seconds East a distance of 78.05 feet to said point of beginning.
Subject to a public road easement over, under and across the westerly 33 feet
thereof.
Together with:
That part of the Northwest Quarter of the Southwest Quarter of Section 15,
Township 116, Range 23, Carver County, Minnesota described as commencing at
the northwest comer of said Northwest Quarter of Southwest Quarter; thence
South 1 degree 09 minutes 29 seconds East (assumed bearing) along the west line
of said Northwest Quarter of Southwest Quarter, a distance of 699.97 feet; thence
South 70 degrees 20 minutes 47 seconds East, 151,99 feet to the actual point of
beginning of land to be described; thence continuing South 70 degrees 20 minutes
47 seconds East, 215.00 feet; thence South 51 degrees 09 minutes 47 seconds
East, 277.80 feet; thence North 30 degrees 03 minutes 16 seconds East, 138.20
feet; thence North 43 degrees 29 minutes 55 seconds West, 273.60 feet; thence
North 66 degrees 09 minutes 52 seconds West, 258.40 feet; thence South 19
degrees 48 minutes 28 seconds West, 187.05 feet to the actual point of beginning.
(Lawrence and Florence Raser)
A perpetual easement for public street, trail and utility purposes over, under and across
the following described property:
The north 200 feet of that part of the southwest Quarter of the Northwest Quarter
of Section 15, Township 116, Range 23, Carver County, Minnesota lying west of
the west right of way line of county Road No. 117 as dedicated in Timberwood
Estates according to the recorded plat thereof.
Said perpetual easement described as beginning at the southeast comer of the above
described property; thence northerly along the east line thereof 120 feet; thence
southwesterly to a point on the south line thereof distant 5 feet west from the southeast
corner thereof; thence east along said south line to the point of beginning.
20035 -6-
Together with a temporary construction easement over and across the above described
property. Said temporary construction easement lying east of a line parallel with and
distant 60 feet to the left of a line described as beginning at a point on the south line of
the above described property distant 5.0 feet west from the southeast comer hereof;
thence northeasterly to a point on the east line thereof distant 120 feet north from the
southeast corner thereof; thence northerly along said east line to the northeast corner
thereof and said line there terminating.
(James C. Avis)
A temporary construction easement over and across the westerly 65 feet of the easterly
98 feet of the following described property:
Beginning at the southwest comer of the Northwest Quarter of the Northwest
Quarter of Section 15, Township 116, Range 23, Carver County, Minnesota;
thence north along the section line a distance of 130 feet; thence North 91 degrees
48 minutes East a distance of 206.52 feet; thence south along the centerline of
County Road No. 122 a distance of 138.28 feet to the south line of the Northwest
Quarter of the Northwest Quarter; thence west along said quarter section line to
the place of beginning, situated in Northwest Quarter of the Northwest Quarter,
Section 15, Township 116, Range 23.
(Dale F. and Marcia M. Wanninger)
A temporary construction easement over and across the northwesterly 55 feet of the
southeasterly 88 feet of the following described property:
That part of the Northwest Quarter of the Northwest Quarter of Section 15,
Township 116, Range 23, Carver County, Minnesota, described as follows:
Commencing at the southwest comer of the Northwest Quarter of the Northwest
Quarter; thence north along the west line of said Northwest Quarter of the
Northwest Quarter distant 130 feet; thence deflecting to the right 91 degrees 48
minutes distant 206.52 feet to the centerline of County Road No. 117; thence
deflecting to the left 70 degrees 05 minutes along said centerline distant 20 feet to
actual point of beginning; thence deflecting to the left 90 degrees, distant 200 feet;
thence deflecting to the right 90 degrees, distant 150 feet; thence deflecting to the
right 90 degrees distant 200 feet to said centerline; thence deflecting to the right
90 degrees distant 150 feet to the point of beginning.
r
L
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20035 _7 1
(harry Van De Veire and Elizabeth M. Randolph)
A perpetual easement for public street, trail and utility purposes over, under and across
the northwesterly 17 feet of that part of the following described property lying within the
south 610 feet of the Southwest Quarter of Section 10, Township 116, Range 23, Carver
County, Minnesota:
That part of the Southwest Quarter of Section 10, Township 116, Range 23,
Carver County, Minnesota and that part of the Northwest Quarter of Section 15,
Township 116, Range 23 described as follows: Beginning at the point of
intersection of the northerly right of way line of Minnesota Trunk Highway No.
5 and a line 33.00 feet southeasterly as measured at right angles to and parallel
with the centerline of Carver County Road No. 117; thence on an assumed bearing
of North 18 degrees, 17 minutes, 40 seconds East and parallel with the centerline
of said Carver County Road no. 117, a distance of 725.00 feet; thence South 65
degrees, 12 minutes, 03 seconds East, a distance of 675 feet; thence South 27
degrees, 55 minutes, 06 seconds East, a distance of 500 feet more or less to the
south line of the Southwest Quarter of said Section 10; thence South 0 degrees, 00
minutes 05 seconds East, a distance of 68.13 feet more or less to the northerly
right of way line of said Minnesota Trunk Highway No. 5; thence westerly along
said northerly right of way line to the point of beginning.
Together with a temporary construction easement over and across the northwesterly 42
feet of that part of the above described property lying within the south 655 feet of the
Southwest Quarter of said Section 10.
20035 -8-