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2002-70• • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 12, 2002 RESOLUTION NO: 2002-70 MOTION BY: Peterson SECONDED BY: Labatt A 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 owner(s) 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 Statutes Chapter 117 to acquire public trail and temporary construction easements legally described on the attached Exhibit "A", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and 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. Passed and adopted by the Chanhassen City Council this 12'' day of August 2002. ATTEST: T dd Gerhardt, City Manager . YES Jansen Labatt Peterson Linda C. Jansen, Mayor NO ABSENT None Ayotte Boyle • EXHIBIT "A" TRUNK HIGHWAY NO. 101 TRAIL Owner: Robert B. Bongard Property Address: 6500 Chanhassen Road Property Identification No.: 25.0011900 PROPERTY DESCRIPTION: Real property located in Carver County, Minnesota, described as follows: South 240 feet of North 451 feet of East 503 feet of Southeast Quarter of Northeast Quarter of Section 1, Township 116, Range 23. EASEMENT DESCRIPTION: A permanent easement for public trailway purposes over, under and across the West 5 feet of the East 38 feet of the described property. Together with a permanent easement for public trailway purposes over, under and across the West 5 feet of the East 43 feet of the South 60 feet of the described property. • Together with a temporary easement for trail construction purposes over, under and across the West 5 feet of the East 43 feet lying north of the South 60 feet of the described property. Together with a temporary easement for trail construction purposes over, under and across the West 5 feet of the East 48 feet lying north of the South 65 feet of the described property.