76-26
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CI1Y OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES I MINNESOTA
RESOLUTION
Date: March 29, 1976
Motion by Councilman Shulstad
Resolution No. 76-26
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Seconded by Councilman Neveaux
APPROVAL OF WEST 79th STREET ALIGNMENT
WHEREAS I for many years past the City of Chanhassen has owned, improved
and maintained a roadway easement I presently designated West 79th Street I extending
from State Hig~way 101 easterly across the southerly railroad right of way of
Milwaukee Road to Carver County Road 16 I and
WHEREAS I Donald Hanus desires to purchase a portion of said railroad right of
way I including the land encompassing the West 79th Street roadway easement, in order
to develop said tract and another for commercial purposes I and has negotiated with the
railroad for the purchase thereof I and
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WHEREAS I in the fall of 1975 said Donald Hanus excavated and removed said
West 79th Street without the consent .of the City I which action caused the railroad to
terminate right of way purchase negotiations with Hanus until such time as Hanus
reached agreement with the City as to the placement of West 79th Street and the open-
ing of a public right of way to provide access to the various tracts of land heretofore
served by West 79th Street I and
WHEREAS I said Donald Hanus has proposed an alignment of West 79th Street as
a part of a preliminary development plan for the tracts of land proposed to be developed
by Hanus I said proposed public roadway and right of way width and alignment being set
forth in detail on Chanhassen City Council Exhibit A, dated March 29 I 1976 I and
designed to serve the various tracts of land lying between State Highway 101 and Carver
County Road 16.
NOW I THEREFORE I BE IT RESOLVED by the Council of the City of Chanhassen
that the proposed roadway and right of way width and alignment as depicted on
Chanhassen City Council Exhibit A I dated March 29 I 1976, is hereby approved; subject,
however, to the following conditions:
1. The approval of the proposed alignment of West 79th Street shall not be
construed, either expressly or impliedly I as approval of the preliminary development
plan for the tracts of land proposed to be developed by Donald Hanus.
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2 . The enactment of this resolution is for the sole purpose of facilitating the
negotiations of Donald Hanus with the Milwaukee Railroad for the purchase of a portion
of the railroad right of way.
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3. The enactment of this resolution shall not be construed, either expressly
or impliedly, as a release of any claims the City may have for the unauthorized excava-
tion and removal of West 79th Street in the fall of 1975.
4. Upon receipt of advices from the Milwaukee Railroad that the portion of the
right of way has been conveyed to Donald Hanus and delivery to the City of the instru-
ment of conveyance Hanus shall make the necessary deposit for costs with the City as
required under Section 19.18 of the Chanhassen Zoning Ordinance prior to any further
consideration of the preliminary development plan by the Chanhassen Planning Commis-
sion.
5. The City reserves the right to rescind the within resolution for failure on the
part of Donald Hanus to diligently pursue his acquisition of the necessary right of way
as shown in Chanhassen City Council Exhibit A, dated March 29, 1976.
Passed and adopted by the Council of the City of Chanhassen this 29th day of
MBr~h , 1976.
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CLERK-ADMINISTRATOR : I\W KLii'iGIOLHUTZ ;;:
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Upon call of the roll, the following Council Members voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux and Shulstad.
Councilman Kurvers abstained from voting.
and the following were opposed:
Whereupon said motion was declared carried and the resolution duly adopted.
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