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97-81DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA October 13~ 1997 RESOLUTION NO: 97-81 Entel SECONDED BY: Mason A RESOLUTION APPROVING RELEASE OF RIGHT OF ACCESS TO MNDOT ALONG THE NORTH SIDE OF TRUNK HIGHWAY 5 ADJACENT TO LAKE ANN PARK - PUBLIC IMPROVEMENT PROJECT NO. 95-21 WHEREAS, in April, 1997 the City Council entered into Cooperative Construction Agreement No. 75718 with MnDOT for construction of the Trunk Highway 5 North Frontage Road from Lake Ann Park to Powers Boulevard; and WHEREAS, one of the stipulations of Cooperative Construction Agreement No. 75718 was that MnDOT contribute $660,000 towards the total cost of the construction contract; and WHEREAS, Article 3, Section C of Cooperative Construction Agreement No. 75718 requires that the City convey access control to MnDOT along the southerly side of the frontage road adjacent to the park as follows: All fight of access, being the fight of ingress to and egress from Tract 1, 2 and 3 described below to Trunk Highway No. 5: Tract 1. Tract F, Registered Land Survey No. 88, Files of the Registrar of Titles, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 14631. Tract 2. Tract E, Registered Land Survey No. 88, Files of the Registrar of Titles, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 16636. Tract 3. Section 11, Township 116, Range 23 62.56 Acres in the southwest ¼ of the southwest ¼ excepting 1.44 Acres in Government Lot 5 NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby releases right of access to MnDOT for Tract 1, Tract 2 and Tract 3 as described above. Passed and adopted by the Chanhassen City Council this 13th day of October, 1997. ATTEST: Don Ashworth, City Clerk/Manager Nancy K. Mancino, Mayor YES Mancino Berquist Mason Senn Engel NO ABSENT None None