2015-19 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: April 13,2015 RESOLUTION NO: 2015-19
MOTION BY: McDonald SECONDED BY: Tjornhom
RESOLUTION APPROVING THE
CONVEYANCE OF REAL PROPERTY
WHEREAS, the City is the owner of a portion of Tract Z, Registered Land Survey No.
7, Carver County, Minnesota, legally described as follows
Tract Z, Registered Land Survey No. 7, Carver County, Minnesota, EXCEPT that part of
Tract Z adjoining Tract H in said Registered Land Survey No 7 and lying between Line
1 and Line 2 Said Line 1 and Line 2 are described as follows
Line 1 is a line drawn northwesterly radial to the westerly line of said Tract H from the
most westerly corner of said Tract H.
Line 2 is a line drawn westerly radial to the westerly line of said Tract H from a point
thereon distant 30.00 feet southerly from the most northerly corner of said Tract H.
("City Property'); and
WHEREAS, Dawn Berry Revocable Trust ("Owner") is the owner of Tract G Registered
Land Survey No 7, Carver County, Minnesota ("Owner Property") that abuts a portion of the
City Property and has requested that the City convey to it that portion of the City Property
legally described as follows.
That part of Tract Z, Registered Land Survey No 7, Carver County, Minnesota lying
between the following described Lines 1 and 2
Line 1 is a line drawn southwesterly from the northwest corner of Tract G, Registered
Land Survey No 7 to the most northerly corner of Tract Y, Registered Land Survey No
7
Line 2 is a line drawn westerly on a radial line from the most northerly corner of Tract H,
Registered Land Survey No. 7 to a point on the east line of said Tract Y
("Subject Property"); and
WHEREAS, Minnewashta Shores, Inc owns that portion of Tract Z not included in the
City Property;
WHEREAS, all of Tract Z is encumbered with access easements for the properties
located within Registered Land Survey No. 7,
WHEREAS, Tract Z is not opened as a public right of way,
1
WHEREAS,the City Council finds that it has no purpose for the Subject Property,the City
will reduce maintenance costs through conveyance of the Subject Property, and that the conveyance
of the Subject Property to the Owner, is in the best interest of the City;
WHEREAS, Minn Stat §462 356, subd 2 requires that the Planning Commission review
the City's proposed disposal of real property for compliance with the comprehensive plan and to
report to the City Council in writing its findings, and
WHEREAS, Minn Stat §462 356, subd 2 provides for an exception from the requirement
for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the
requirement and finding that the disposal of the real property has no relationship to the
comprehensive municipal plan, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen.
1 The City Council finds that conveyance of the Subject Property has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. §462 356
are hereby dispensed with
2. The Mayor and City Manager are hereby authorized to execute and deliver a quit
claim deed from the City to the Owner for the Subject Property conditioned upon
the following.
A Owners granting to the City an easement for drainage and utility over the
entire Subject Property in the City's standard form.
B Owners combining the Subject Property with the Owner Property under a
single property identification number.
Passed and adopted by the Chanhassen City Council this 13th day of April, 2015
ATTER
(To. 4444
. Gerhardt, City Manager Denny Lau nburger, ayor
YES NO ABSENT
Campion
Laufenburger
McDonald
Ryan
Tj ornhom
2