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2000-52 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date July 10, 2000 Motion By dansen RESOLUTION Resolution No. 2000-52 Seconded By kabatt RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENTS FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Chanhassen does hereby determine that it is necessm~ and for a public use and purpose to acquire the easements described on the attached Exhibit "A" for public utility purposes; and WHEREAS, the City has been unable to acquire the easements through negotiation with the landowner(s); and WHEREAS, the City Council finds that development and construction conditions related to development of the area in connection with Public Improvement Project No. 97-6 make it necessary to acquire title to, and possession of, the easements as soon as possible in order for development 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 Milmesota Statute Chapter 117 to acquire utility easements described on the attached Exhibit "A". 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute § 117.042. 87508.01 ] SRN:07/06/00 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 Chanhassen. leith dayof July ,2000, by the City Council of the City of Nancy K. M(~nclno, Mayor YES SENN LABATT JANSEN NO NONE ABSENT MANCINO ENGEL 87508.01 2 SRN:07/06/00 EXHIBIT "A" (MnDOT Parcel 216) An easement in perpetuity for utility purposes over, under and across that part of Tract A described below: Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116 North, Range 23 West, Carver County, Minnesota, which lies southeasterly of a line run parallel with and distant 20 feet northwesterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B42 on Minnesota Department of Transportation Right of Way Numbered 10-08 as same is on file and of record in the office of the County Recorder in and for said Carver County; thence run southwesterly on an azimuth of 201 degrees 15 minutes 10 seconds along the boundary of said plat for 31,0 feet to the beginning of Line t to be described; thence continue on said azimuth for 48.0 feet and there terminating; also together with that part of Tract A hereinbefore described, which lies northwesterly of the boundary of said Right of Way Plat Numbered 10-08 and southeasterly of Line 2 described below: Line 2. Commencing at Right of Way Boundary Corner B69 on said Minnesota Department of Transportation Right of Way Numbered 10-08; thence run southeasterly on an azimuth of 113 degrees 28 minutes 51 seconds along the boundary of said plat for 20.0 feet to the beginning of Line ;2 to be described; thence on an azimuth of 207 degrees 50 minutes 47 seconds for 129.56 feet to a point on the Right of Way Plat Boundary distant $6.0 feet northeasterly from Right of Way Boundary Corner B4 and there terminating; 87508.01 3 SRN:07/06/00 07/07/O0 11:23 FAX 651 452 5550 CAbiPBELL KNUTSON -* CHANHASSEN ENG ~003 (MnDOT Parcel 216B) An easement in perpetuity for utility purposes over, under and across that part of Tract A described below: Tract A. That of the South Half of the Southwest Quarter of Section 10 and the North Half of the Northwest Quarter of Section 15, all in Township 116 North, Range 23 West, Carver County, Minnesota, which lies southeasterly of County Road No. 117 (also known as Galpin Lake Read); northerly of Minnesota Trunk Highway No. 5; and southwesterly and westerly of the following described line: Commencing at the West Quarter Corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the west line of said Southwest Quarter. a distance of '!213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bears North 79 degrees 30 minutes 09 seconds West from said point; thence southwesterly along said curve, a distance of 383.79, central angle 06 degrees 22 minutes 10 seconds; thence South 71 degrees 42 minutes 20 seconds East a distance of 301.07 feet; thence South '18 degrees '17 minutes 40 seconds West, a distance of 466.33 feet; to the point of beginning of the line to be described; thence North 65 degrees 12 minutes 03 seconds West a distance of 309.00 feet; thence along the last described line South 65 degrees 12 minutes 03 seconds East through the point of beginning a distance of 715.27, thence South 27 degrees 55 minutes 06 seconds East, a distance of 506.30 feet to the south line of said Southwest Quarter of Section 10; thence South 00 degrees 00 minutes 05 seconds East, a distance of 63.86 feet to the northerly right of way line of said Minnesota Trunk Highway No. 5, where said line terminates; which lies easterly and northerly of the right of way boundary described as Line 1 below: Line 1. Beginning at Right of Way Boundary Corner BI0 Minnesota Department of Transportation Right of Way Plat Numbered 10-08 as same is on File and of record in the office of the County Recorder in and for said Carver County; thence run southwesterly on an azimuth of 195 degrees 29 minutes 05 seconds along the boundary of said plat for 10.00 feet to Right of Way Boundary Corner 1379; thence continue on said azimuth along the boundary of said plat for 45.38 feet to Right of Way Boundary Corner B11; thence on an azimuth of 157 degrees 30 minutes 06 seconds along boundary of said plat for 90.12 feet to Right of Way Boundary 07/07/00 11:24 FAX 651 5550__ CAMPBELL KNUTSON ~ CHANHASSEN ENG ~0o4 Corner B12; thence on an azimuth of 109 degrees t0 minutes 11 seconds along the boundary of said plat for 287.50 feet to Right of Way Boundary Corner B13; thence deflect to the right along the boundary of said plat on a tangential curve having a radius of 1195.92 feet, a delta angle of 17 degrees 49 minutes 21 seconds for 372.00 feet to Right of Way Boundary Corner B'I4; thence on an azimuth of 126 degrees 59 minutes 33 seconds along the boundary of said plat for 71.04 feet to Right of Way Boundary Corner B15 and there terminating; also together with that part of Tract A hereinbefore described, which lies northwesterly of a line run parallel with and distant 21 feet southeasterly of Line 2 described below: Line 2. Commencing at Right of Way Boundary Corner B61 on Minnesota Department of Transportation Right of Way Plat Numbered 10-08 as same is on file and of record in the office of the County Recorder in and for said Carver County; thence run southwesterly on an azimuth of 199 degrees 17 minutes 59 seconds along the boundary of said plat for 40.0 feet to the beginning of Line 1 to be described; thence continue on said azimuth for 50.0 feet and there terminating. 07/07/00 11:24 FA~ 651 ~§~0 CAMPBELL KNUTSON ~ CHANHASSEN ENG OO5 (MnDO'I- Parcel 216C) An easement in perpetuity for utility purposes over, under and across that part of Tract A described below: Tract A. That part of the Southwest QuaKer of Section 10, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the west quaker corner of said Section 10; thence on an assumed bearing of South 01 degrees 56 minutes 40 seconds East along the west line of said Southwest QuaKer, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; to a point on a 3452.34 foot radius curve, the center circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence southwesterly along said curve, a distance of 469.80 feet central angle 07 degrees 47 minutes 49 seconds; thence South '18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of Tract A to be described; thence continuing South 18 degrees t7 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 301.94 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning; which lies easterly and southwesterly of Line I described below: Line 1_ Beginning at Right of Way Boundary Comer Bllon the Minnesota Department of TranspoKation Right of Way Plat Numbered 10-08 as same is on file and of record in the office of the County Recorder in and for Carver County; thence on an azimuth of 15 degrees 29 seconds 05 minutes along the boundary of said Plat for 1.27 feet; thence on an azimuth of t 09 degrees 08 minutes 12 seconds for 20.06 feet to Right of Way Boundary Corner B78; thence on an azimuth of 14 degrees 14 seconds 47 minutes along the boundary of said Plat for 9.59 feet; thence on an azimuth of 116 degrees 03 minutes 37 seconds 226.0 feet and there terminating; containing 3,318 square feet, more or less. OUTLOT C 109.15' ~OOTPER~IT TO CONSTRUCT OUTLOT I CONSTRUCTION LIMITS GALP[N BLVD. SB ,CONSTRUCT ! ON LIL~ITS C{~TY PAR 2168 UTILITY EASEMENT ~. TBI'h P A~ 168 BLVD. NB VFTR~' S~EU~ENT. NSP UTILITY EASEMENT BLANKET EASEMENT: ~SP UTILITY EASEMENT PLAT 10-08~SP 10~2-61 09.50' CITY PAR 2150® UTILITY EA$£U[NT /- / Zi6 O PaR W. 78~h PAR BLUFF CREEK