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99-71 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 23~ 1999 RESOLUTION NO: 99-71 MOTION BY: Senn SECONDED BY: Labatt A RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY FOR PARK/OPEN SPACE 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 property consisting of the easterly 36.25 acres (approximately) of the property described below, located between Pioneer Trail and Lyman Boulevard and east of the designated Highway 212 Right of Way as depicted on the attached Exhibit A: That part of the land parcel described below lying east of the proposed Highway 212 right of way, containing 36.25 acres, more or less: The Southwest Quarter of the Southeast Quarter (SW ¼ of SE ¼) and the West Half of Southeast Quarter of Southeast Quarter (W lA of SE ¼ of SE ¼); also South Half of the Southwest Quarter (S lA of SW ¼) all in Section 23, Township 116, Range 23, excepting the following described tract: Commencing at the Southwest corner of Section 23, Township 116, Range 23; thence running North on the Section line 30 feet; thence in a straight line to a point on the South Section line of said Section 30 feet east of the Southwest corner of said Section; thence West 30 feet to the Southwest Corner of said Section and the point of beginning, in Carver County, Minnesota. WHEREAS, the City has been unable to acquire the property through negotiation with the landowner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire title to the property described above. That the Mayor and the City Clerk 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 23rd day of August, 1999. ATTEST: Scott A. Botcher, City Manager YES Mancino Jansen Engel Labatt Senn Nancy K. Mancino, Mayor NO None ABSENT None