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2002-42U CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLi 1TIO DATE: lvlay�RESOLUTION NO. 2002-42 MOTIONED: Perer.cnn SECONDED BY: WP RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENTS FOR PUBLIC PURPOSES 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 the easements legally described on the attached Exhibit "A", subject to engineering modifications, if any, for public trail and temporary construction purposes in connection with Trunk Highway No. 101 Trail, City Project No. 97-12- 3; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the easements; and WHEREAS, the City Council finds that development and construction conditions related to the area make 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 Statute Chapter 117 to acquire public trail and temporary construction easements legally described on the attached Exhibit "A", subject to engineering modifications, if • needed. 100421 • • • 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute 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. ADOPTED this 13`h day of May 2002, by the City Council of the City of Chanhassen. Fdd ST: TGerhardt, City Manager 100421 Jansen Ayotte Boyle Peterson 2 We None Linda C. Jansen, Ma Labatt 0 ID.14 . 11 Easement No.1 Owner: South Lotus Villas Townhomes PID: 25.8020150 A temporary easement for trail construction purposes over, under and across the southeasterly 5 feet of Lot 15, Block 1, SOUTH LOTUS VILLAS, lying southwesterly of the northeasterly 125 feet of said Lot 15. Easement No. 2 Owner: Dean P. Whiting and Diane J. Whiting PID: 25.8000010 A temporary easement for trail construction purposes over, under and across the southeasterly 4 feet of Lot 1, Block 1, SOUTH LOTUS LAKE ADDITION. • Easement No. 3 0 Owner: Bryan P. Thompson and Lynn A. Thompson PID: 25.000020 A temporary easement for trail construction purposes over, under and across the southeasterly 4 feet of Lot 2, Block 1, SOUTH LOTUS LAKE ADDITION. Easement No. 4 Owner: Janet Lucille Weaver PID: 25.8400130 A temporary easement for trail construction purposes over, under and across the southeasterly 4 feet of Lot 1, Block 2, SUNSET VIEW. 3 100421 • Easement No. 5 Owner: Steven A. Hilden and Liza A. Hilden PID: 25.8400100 • A temporary easement for trail construction purposes over, under and across that part of Lot 12, Block 1, SUNSET VIEW, lying easterly of a line drawn from a point on the southeasterly line of said Lot 12, distant 25 feet southwesterly from the most easterly corner of said Lot 12 to a point on the northeasterly line of said Lot 12 distant 25 feet northwesterly of the most easterly corner of said Lot 12. Easement No. 6 Owner: Gregory J. Lindsley PID: 25.8400090 A permanent easement for trail purposes over, under and across the easterly 5 feet of Lot 11, Block 1, SUNSET VIEW. A temporary easement for trail construction purposes over, under and across the westerly 15 feet of the easterly 20 feet of Lot 11, Block 1, SUNSET VIEW. Easement No. 7 Owner: Louis S. Tesler PID: 25.8400080 A permanent easement for trail purposes over, under and across the easterly 5 feet of Lot 10, Block 1, SUNSET VIEW. A temporary easement for trail construction over, under and across the westerly 15 feet of the easterly 20 feet of Lot 10, Block 1, SUNSET VIEW. Easement No. 8 Owner: Chad Alan Koehler PID: 25.8400070 A temporary easement for trail construction purposes over, under and across Lot 9, Block 1, SUNSET VIEW, lying easterly of a line drawn from a point on the southerly line of said Lot 9, distant 6 feet westerly from the southeast corner of said Lot 9 to a point on the east line of said Lot 9, distant 50 feet northerly of the southeast corner of said Lot 9. • 100421 • Easement No. 9 Owner: Harvey L. Parker, Jr. and Carol Parker PID: 25.8400060 • • A temporary easement for trail construction purposes over, under and across the east 10 feet of Lot 8, Block 1, SUNSET VIEW, lying south of a line drawn at right angles to the east line of said Lot 8 from a point distant 23 feet north of the southeast corner of said Lot 8. Easement No. 10 Owner: Larry P. Mon PID: 25.8400050 A temporary easement for trail construction purposes over, under and across Lot 7, Block 1, SUNSET VIEW. Said easement area is described as follows: Beginning at a point on the east line of said Lot 7 distant 26 feet north of the southeast corner of said Lot 7; thence westerly at right angles to the east line of said Lot 7 a distance of 10 feet; thence northerly along a line parallel with the east line of said Lot 7 a distance of 25 feet; thence easterly at right angles to said parallel line to the east of said Lot 7; thence southerly along the east line of said Lot 7 to the point of beginning. Easement No. 11 Owner: Irving Raymond PID: 25.8400030 A temporary easement for trail construction purposes over, under and across the easterly 6 feet of Lot 4, Block 1, SUNSET VIEW. Easement No. 12 Owner: David E. Wetterlin and Carolynn M. Wetterlin PID: 25.8400020 A temporary easement for trail construction purposes over, under and across the easterly 6 feet of Lot 3, Block 1, SUNSET VIEW. 100421 • Easement No. 13 Owner: David E. Wetterlin and Carolynn M. Wetterlin PID: 25.8400020 A temporary easement for trail construction purposes over, under and across the easterly 6 feet and the westerly 4 feet of the easterly 10 feet of the northerly 28 feet of Lot 2, Block 1, SUNSET VIEW. Easement No. 14 Owner: Frederic Oelschlager PID: 25.8400010 A temporary easement for trail construction purposes over, under and across the easterly 10 feet of Lot 1, Block 1, SUNSET VIEW. Easement No. 15 Owner: Pat H. Fitzsimmons and Patricia Fitzsimmons • PID: 25.0120600 A temporary easement for trail construction purposes over, under and across the easterly 5 feet of PID 25.0120600. Easement No. 16 Owner: Kurt A. Fossey and Deana Fossey PID: 25.3930070 A temporary easement for trail construction purposes over, under and across the easterly 8 feet of Lot 7, Block 1, KURVERS POINT 2ND ADDITION. Easement No. 17 Owner: Robert W. J. Mortenson and Joanne Mortenson PID: 25.3930080 A temporary easement for trail construction purposes over, under and across the easterly 8 feet of the southerly 50 feet of Lot 8, Block 1, KURVERS POINT 2ND ADDITION. • 6 100421 CJ Easement No. 18 Owner: Jane Marie Becker PID: 25.3920190 A temporary easement for trail construction purposes over, under and across the easterly 4 feet of the northerly 170 feet of Lot 5, Block 4, KURVERS POINT. Easement No. 19 Owner: Terry W. Sender and Susan Jo Sender PID: 25.3920200 A temporary easement for trail construction purposes over, under and across the easterly 4 feet of Lot 6, Block 4, KURVERS POINT. Easement No. 20 . Owner: Kurvers Point Home Owners Association PID: 25.6950010 CJ A temporary easement for trail construction purposes over, under and across the easterly 4 feet of Lot 13, Block 4, KURVERS POINT. Easement No. 21 Owner: Dale H. Johnson and Nancy A. Johnson PID: 25.3920120 A temporary easement for trail construction purposes over, under and across the easterly 5 feet of Lot 8, Block 3, KURVERS POINT. 100421 • Easement No. 22 Owner: Diane Ruth Wagenaar PID: 25.3920110 A temporary easement for trail construction purposes over, under and across Lot 7, Block 3, KURVERS POINT, lying easterly of a line parallel with and 5 feet west of the east line of Lot 8, Block 3, KURVERS POINT and its northerly extension. Easement No. 23 Owner: Kyone S. Kurth PID: 25.2400260 A permanent easement for trail purposes over, under and across the east 7 feet of Lot 13, Block 4, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. A temporary easement for trail construction purposes over, under and across the west 5 feet of the easterly 12 feet of Lot 13, Block 4, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. • Easement No. 24 • Owner: James S. Emy and M. Carolyn Erny PID: 25.2400270 A permanent easement for trail purposes over, under and across the east 5 feet of Lot 14, Block 4 COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. A temporary easement for trail construction purposes over, under and across the west 5 feet of the easterly 10 feet of Lot 14, Block 4, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. 100421 • Easement No. 25 Owner: Bryan D. Price and Joellen M. Price PID: 25.2400280 A permanent easement for trail purposes over, under and across the east 2 feet of Lot 15, Block 4, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION, lying south of a line drawn perpendicular to the east line of said Lot 15 from a point distant 100 feet north of the most southerly corner of said Lot 15. A temporary easement for trail construction purposes over, under and across the west 5 feet of the east 7 feet of said Lot 15 lying south of a line drawn perpendicular to the east line of said Lot 15 from a point distant 100 feet north of the most southerly corner of said Lot 15. A temporary easement for trail construction purposes over, under and across the east 3 feet of said Lot 15 lying north of a line drawn perpendicular to the east line of said Lot 15 from a point distant 100 feet north of the most southerly corner of said Lot 15. Easement No. 26 Owner: Leon Narem and Merilu Narem • PID: 25.2400050 • A temporary easement for trail construction purposes over, under and across the easterly 5 feet of Lot 3, Block 2, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. Easement No. 27 Owner: State of Minnesota — DNR PID: 25.0012100 A temporary easement for trail construction purposes over, under and across the easterly 15 feet of (DNR PROPERTY). 9 100421