1j. Condemation Chan Haven Plaza Public Utility CITYOF -�-
CHANHASSEN'
...E
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900 • FAX (612) 937-5739 Action by City Administrator
MEMORANDUM
' Rejected_ e
TO: Don Ashworth, City Manager bete Sutxt.c1 is :.
' FROM: Gary Warren, City Engineer
Dote Sub-:IT t: r. ..
DATE: March 22 , 1990 '"
SUBJ: Authorize Condemnation of a Portion of Lot 2, Block 1, and
Lot 1 , Block 2 , Chan Haven Plaza for Public Utility and
' Roadway Easements
Lake Drive East Project No. 89-6
' In conjunction with the City's Lake Drive East improvements from
Dakota Avenue to Dell Road, permanent and temporary easements are
to be acquired from the Chan Haven Plaza• property as noted in the
attached sketch. This property is in the process of being
platted in conjunction with the site plan expansion proposed for
the abutting McDonalds property. We therefore believe that the
' easements will be dedicated as a part of the platting process .
However, the timing of this may not coincide exactly with are
construction schedule.
' The property owner (Chanhassen Holding Company) has placed a
$5 .00 per square foot value on the property. This rate is quite
excessive in light of our experience with land transactions for
' similar type acquisitions . In the interest of time and to assure
the City of reasonableness in this acquisition, the City Attorney
has advised that the City Council should initiate the "quick-take"
process for acquiring these easements. Staff will continue to
' work with the property owner to attempt to acquire these
easements without having to formally condemn these easements.
' It is recommended at this time that the City Council approve the
attached resolution authorizating condemnation of property for
public utility and roadway purposes across a portion of Lot 2,
Block 1 and Lot 1 , Block 2 of Chan Haven Plaza.
ktm
' Attachments: 1. Resolution.
2 . Map.
c: James Walston, City Attorney
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II ' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date: Resolution No.
Motion By: Seconded By:
RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY
FOR PUBLIC UTILITY AND ROADWAY PURPOSES
WHEREAS, that the City Council of the City of Chanhassen has
' determined that it is necessary and for a public use and purpose
' to acquire the property described in the attached Exhibit "A" for
public utility Y and roadway purposes in connection with the Lake
' Drive East Improvement Project 89-6.
NOW, THEREFORE, BE IT RESOLVED, by the Chanhassen City
' Council:
The City Attorney is hereby authorized and directed to
acquire the property described in the attached Exhibit "A"
by eminent domain proceedings unless acquired by negotiation
or otherwise before the proceedings are complete.
ADOPTED by the City Council of the City of Chanhassen this
' day of , 1990.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
' (Published in the Chanhassen Villager on , 1990. )
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. II
EXHIBIT "A" 1
A permanent easement for public utility and roadway purposes over, under and
across that part of Lot 2, Block 1, CHAN HAVEN PLAZA, according to the recorded
plat thereof, Carver County, Minnesota, lying southerly of a line 30.00 feet
north of, and parallel with, the following described line and its westerly and
easterly extensions: ,
Commencing at the southwest corner of said plat of CHAN HAVEN PLAZA;
thence North 00 degrees 15 minutes 48 seconds West, assumed bearing,
along the west line of said plat 173.42 feet to the beginning of the
line to be described; thence easterly and southeasterly 165.76 feet
along a non-tangential curve, concave to the southwest, having a radius
of 300.00 feet, a central angle of 31 degrees 39 minutes 26 seconds,
and the chord of said curve bears South 68 degrees 41 minutes 44
seconds East; thence southeasterly and easterly 198.13 feet along a
reverse curve, concave to the northeast, having a radius of 300.00 feet
and a central angle of 37 degrees 50 minutes 22 seconds; thence North
89 degrees 17 minutes 37 seconds Fast 298.50 feet; thence easterly and
northeasterly 140.00 feet along a tangential curve concave to the
northwest having a radius of 300.00 feet and a central angle of 26
degrees 44 minutes 17 seconds, and said line there terminating.
Contains 0.25 acres, more or less. '
AND
for utility
A permanent easement fo public u ility and roadway purposes over, under and
across that part of Lot 1, Block 2, CHAN HAVEN PLAZA, according to the recorded
plat thereof, Carver County, Minnesota, lying northerly of a line 30.00 feet
south of, and parallel with, the following described line and its westerly
extension:
Commencing at the southwest corner of said plat of CHAN HAVEN PLAZA; ,
thence North 00 degrees 15 minutes 48 seconds West, assumed bearing,
along the west line of said plat 173.42 feet to the beginning of the
line to be described; thence easterly and southeasterly 165.76 feet
along a non-tangential curve, concave to the southwest, having a radius
of 300.00 feet, a central angle of 31 degrees 39 minutes 26 seconds,
and the chord of said curve bears South 68 degrees 41 minutes 44
seconds East and said line there terminating.
Contains 1500 square feet, more or less. ,
AND
A temporary easement for construction purposes over, under and across that part
of Lot 2, Block 1, CHAN HAVEN PLAZA, according to the recorded plat thereof,
Carver County, Minnesota, lying southerly of a line 40.00 feet northerly of, and
parallel with, the following described line and its westerly and easterly
extensions:
-1-
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1 Commencing at the southwest corner of said plat of CHAN HAVEN PLAZA;
thence North 00 degrees 15 minutes 48 seconds West, assumed bearing,
along the west line of said plat 173.42 feet to the point of beginning
' of the line to be described; thence easterly and southeasterly 165.76
feet along a non-tangential curve, concave to the southwest, having a
radius of 300.00 feet, a central angle of 31 degrees 39 minutes 26
seconds, and the chord of said curve bears South 68 degrees 41 minutes
44 seconds East; thence southeasterly and easterly 198.13 feet along a
reverse curve, concave to the northeast, having a radius of 300.00 feet
and a central angle of 37 degrees 50 minutes 22 seconds; thence North
' 89 degrees 17 minutes 37 seconds East 298.50 feet; thence easterly and
northeasterly 140.00 feet along a tangential curve, concave to the
northwest having a radius of 300.00 feet and a central angel of 26
' degrees 44 minutes 17 seconds, and said line there terminating.
Together with a temporary easement for construction purposes over, under and
' across that part of said Lot 2 lying southeasterly of the following described
line:
Commencing at the southeast corner of said Lot 2; thence northerly
' along the easterly line of said Lot 2 a distance of 100.00 feet to the
point of beginning of the line to be described; thence southwesterly,
deflecting to the left 135 degrees 00 minutes 00 seconds 200.00 feet and
' said line there terminating.
Together with a temporary easement for construction purposes over, under and
across the east 20.00 feet of said Lot 2.
Contains 0.400 acres, more of less.
Said temporary easements to expire December 31, 1991.
1
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