96-75 A CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date September 23, 1996
Resolution No. 96-75A
Motion By Dockendorf Seconded By Mason
RESOLUTION AUTHORIZING THE EXCHANGE
OF FEE TITLE TO REAL PROPERTY
WHEREAS, pursuant to eminent domain proceedings to acquire right of way
necessary for the realignment of Highway 101, the City of Chanhassen acquired fee
title to certain property located in the Southeast Quarter of the Northwest Quarter of
Section 13, Township 116, Range 23, Carver County, Minnesota; and
WHEREAS, the specific property acquired for Highway 101 right of way
purposes is legally described in Final Certificates filed with the Carver County
Recorder as Documents Nos. 121904, 149697 and 157032; and
WHEREAS, William J. Ward, Austin T. Ward, Mary Ellen Ward, John H.
Ward and Donna M. Ward, the fee owners of the remainder of the property from
which the Highway 101 right of way was acquired (the remainder hereinafter referred
to as "Ward Property"), now seek to subdivide and plat the Ward Property in a plat
known as Villages on the Ponds; and
WItEREAS, in the future it will be necessary for the City to acquire additional
right of way over the Ward Property for the final realignment of Highway 101 to
properly intersect with the future realignment of Highway 212; and
WHEREAS, the proposed Villages of the Ponds plat of the Ward Property is
designed in a fashion that anticipates the future Highway 101 realignment to properly
intersect with Highway 212 and, if the plat is approved as designed, a portion of the
existing right of way owned by the City will not be needed for right of way purposes;
and
WHEREAS, the owners of the Ward Property are willing to convey to the City
a portion of the Ward Property reasonably anticipated to be needed for future right of
way for the Highway 101 realignment in exchange for the City's conveyance to them
of the right of way currently owned by the City that will not be needed for right of
42297
way if the proposed Villages on the Ponds Plat is approved; and
WHEREAS, the approximate total area to be conveyed to the City from the
Wards is 13O, 584 square feet and is graphically depicted on the attached Exhibit
"A", and the approximately total area to be conveyed to the Wards by the City is
24,488 square feet and is graphically depicted on the attached Exhibit "B".
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, as follows:
,
The proposed disposition by exchange of the property owned by the
Wards and graphically depicted on the attached Exhibit "A" for the
property owned by the City and graphically depicted on the attached
Exhibit "B" has no relationship to the comprehensive guide plan.
,
The Mayor and the City Clerk/Manager are hereby authorized to execute
any and all deeds or other documents deemed necessary to accomplish
the exchange and acquisition authorized herein with the appropriate legal
descriptions as are determined appropriate by the City Attorney.
ADOPTED this 23r0 day of
the City of Chanhassen.
September
, 1996, by the City Council of
Don Ashworth,
D6nald J. C3}(fil~,' M~6~ ~
YES
Chmiel
Mason
Dockendorf
Senn
Berquist
NO
None
ABSENT
None
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