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93-45 C CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date May 24, 1993 Resolution 93-45C Motion By Senn Seconded By Mason RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE PROPOSED WEST 78TH STREET IMPROVEMENT PROJECT 992-3 RESOLVED, that the City Council of the City of Chanhassen, does hereby determine that it is necessary and for a public use and purpose to acquire the easements described on the attached Exhibit "A" for the proposed West 78th Street Improvement Project #92-3; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk/Manager are hereby authorized and directed to execute all documents neces- sary to effect the acquisition of the aforementioned easements, and that the City Attorney be, and hereby is, authorized and directed to effect negotiations and/or, if necessary, institute condemnation proceedings and to do all things necessary and incidental thereto to acquire the easements pursuant to Minnesota Statutes Chapter 117 under the "quick take" provisions of the Statute. ADOPTED this 24th day of M@y , 1993, by the City Council of the City of Chanhassen. ATTEST: Don Ashworth~, Clerk/Manager D%~id ~/.~~1 / Mayor 3098 PARCEL 3 A perpetual easement for roadway and utility purposes over, under, across and through: Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. and That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. Which lies within 70 feet either side of the following described line and its extensions: Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence south 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 924.35 feet to the northeasterly line of said Lot 1 and said described line there terminating. PARCEL 4 A perpetual easement for roadway and utility purposes over, under, across and through: ... That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. Which lies southwesterly of a line run parallel with and distant 70 feet southwesterly from a line described as follows' · Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet and said described line there terminating. PARCEL 5 A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property- Outlot B, WEST VILLAGE HEIGHTS, Carver County, Minnesota Said perpetual easement being the West 13.0 feet of the South 214.0 feet of said Outlot B. PARCEL 6A A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota Said temporary easement being the East 10.0 feet of the West 23.0 feet of the North 195.0 feet of said Lot 1. Said temporary easement to expire December 31, 1994. PARCEL 6B A perpetual easement for roadway and utility purposes, over, under, across and through part of the following described property' Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota Said perpetual easement being the West 13.0 feet of said Lot 1 as determined by a line parallel with the most westerly line of said Lot 1 and its southerly prolongation. PARCEL 7A A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 4, Block 1, WEST VILLAGE~HEIGHTS 2ND ADDITION, Carver County, Minnesota Said temporary easement being the South 20.0 feet of the East 590.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 10.0 feet of the South 30.0 feet of the West 30.0 feet of the East 55.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 30.0 feet of the South 50.0 feet of the West 50.0 feet of the East 270.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 10.0 feet of the South 30.0 feet of the West 45.0 feet of the East 435.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 30.0 feet of the South 50.0 feet of the West 45.0 feet of the East 540.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through that part of the southerly and southwesterly 35.0 feet of said Lot 4 lying westerly of the East 590.0 feet thereof. Together with a temporary easement for construction purposes over, under, across and through the North 20.0 feet of the South 55.0 feet of the West 55.0 feet of the East 710.0 feet of said Lot 4. Said temporary easements to expire December 31, 1994. PARCEL 7 B A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota Said perpetual easement being that part of said LoC 4 lying southerly of the following described line and its extensions: Beginning at the intersection of line run parallel with and distant 50.0 feet northerly from the south line of the Southwest Quarter of Section 11, Township 116, Range 23, Carver County, Minnesota with the east line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds West, assumed bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feet along a tangential curve concave to the north having a radius of 11409.16 feet and a central angle of 0 degrees 53 minutes 06 seconds; thence North 88 degrees 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 652.86 feet to the southwesterly line of said Lot 4 and there terminating. PARCEL 8 A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 1, Block 2, SCHNEIDER PARK, Carver County, Minnesota Said temporary easement being that part of said Lot 1 lying southerly of a line run from a point on the west line of said Lot 1 distant 15.0 feet from the southwest corner of said Lot 1 to a point on the south line of said Lot 1 distant 50.0 feet east from the southwest corner of said Lot 1. Said temporary easement to expire . PARCEL 9A A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 2, Block 2, SCHNEIDER PARK, Carver County, Minnesota Said temporary easement being that part of said Lot 2 lying southerly of a line run from a point on the east line of said Lot 2 distant 8.0 feet northerly from the southeast corner of said Lot 2 to a point on the south line of said Lot 2 distant 90.0 feet westerly from the southeast corner of said Lot 2. Said temporary easement to expire PARCEL 9B A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Lot 2, Block 2, SCHNEIDER PARK, Carver County, Minnesota Said perpetual easement being that part of Lot 2 lying southerly of a line run parallel with and distant 50.0 feet northerly from the southerly line of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. PARCEL 10A A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 3, Block 2, SCHNEIDER PARK, Carver County, Minnesota Said temporary easement being that part of said Lot 3 lying southerly of a line run parallel with and distant 57.0 feet northerly from the southerly line of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. Said temporary easement to expire PARCEL 10B A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Lot 3, Block 2, SCHNEIDER PARK Carver County, Minnesota Said perpetual easement being that part of said Lot 3 lying southerly of a line run parallel with and distant 50.0 feet northerly from the southerly line of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. PARCEL llA A temporary easement for construction purposes over, under, across and through part of the following described property: The South 295.00 feet of the East 433.00 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. Said temporary easement being the North 5.0 feet of the South 55.0 feet of the West 225.0 feet of the East 258.0 feet of said Southwest Quarter of Southwest Quarter. Together with a temporary easement for construction purposes over, under, across and through the North 10.0 feet of the South 60.0 feet of the West 132.0 feet of the East 390.0 feet of said Southwest Quarter of Southwest Quarter. Together with a temporary easement for construction purposes over, under, across and through that part of the North 35.0 feet of the South 95.0 feet of the West 45.0 feet of the East 390.0 feet of said Southwest Quarter of Southwest Quarter lying southwesterly of a line run from the northwest corner of the South 95.0 feet of East 390.0 feet of said Southwest Quarter of Southwest Quarter to the southeast corner of the North 35.0 feet of the South 95.0 feet of the West 45.0 feet of the East 390.0 feet of said Southwest Quarter of Southwest Quarter. Said temporary easement to expire . PARCEL lib A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: The South 295.00 feet of the East 433.00 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. Said perpetual easement being the South 50.0 feet of the above described property. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the above described property described as beginning at the northwest corner of the East 390.0 feet of the South 50.0 feet of said Southwest Quarter of Southwest Quarter; thence north along the west line of said East 390.0 feet a distance of 35.0 feet; thence southeasterly to a point on the north line of said South 50.0 feet distant 40.0 feet east from said point of beginning; thence west along said north line to a point of beginning. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the above described property described as beginning at the northwest corner of the East 33.0 feet of the South 50.0 feet of said Southwest Quarter of Southwest Quarter; thence north along the west line of said East 33.0 feet a distance of 10.0 feet; thence southwesterly to a point on the north line of said South 50.0 feet distant 10.0 feet west from said point of beginning; thence east along said north line to the point of beginning. PARCEL 12 A temporary easement for construction purposes over, under, across and through part of the following described property: Beginning at a point in the south line of Section 12, Township 116, Range 23 706.2 feet west of the southeast corner of the Southwest Quarter of said section; thence West along said section line 150 feet; thence North at right angles 283 feet; thence East at right angles 150 feet; thence south at right angles 283 feet to the point of beginning, according to the Government survey thereof, Carver County, Minnesota. Said temporary easement being the North 15.0 feet of the South 48.0 feet of the East 140.0 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the North 15.0 feet of the South 63.0 feet of the West 50.0 feet of the East 140.0 feet of said described property. Said temporary easements to expire PARCEL 13 A temporary easement for construction purposes over, under, across and through part of the following described property' Lot 8, Block 3, SCHOLER'S 2ND ADDITION TO CHANHASSEN, Carver County, Minnesota Said temporary easement being the North 12.0 feet of the South 45.0 feet of said Lot 8. .J Said temporary easement to expire . PARCEL 16 A temporary easement for construction purposes over, under, across and through part of the following described property' That part of the East Half of the Southeast Quarter of the Southwest Quarter of Section 12, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence Westerly, along the South line of said Southeast Quarter of the Southwest Quarter, a distance of 170.00 feet; thence Northerly, at a right angle, a distance of 132.00 feet; thence Westerly at a right angle, a distance of 160.00 feet to the point of beginning of the land to be described; thence Westerly, along the extensions of the last described line, a distance of 60.50 feet; thence Southerly at a right angle, a distance of 132.00 feet to the South line of said Southeast Quarter of the Southwest Quarter; thence Westerly, along said South line a distance of 159.50 feet; thence Northerly, at a right angle, a distance of 218.00 feet; thence easterly, parallel with said south line, a distance of 218.44 feet, to the intersection with a line drawn Northerly, parallel with the East line of said Southeast Quarter of the Southwest Quarter, from the point of beginning; thence Southerly along said parallel line, a distance of 86.02 feet to the point of beginning. Said temporary easement being the North 7.0 feet of the South 40.0 feet of the West 105.0 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the North 10 ~aet of the South 50.0 feet of the West 20.0 feet of said described property. Said temporary easement to expire · PARCEL 17A A temporary easement for construction purposes over, under, across and through part of the following described property: Ail that part of the Northeast Quarter of the Northwest Quarter of section 13, Township 116, Range 23, described as follows' Beginning at a point 597 feet wes% and 33 feet south of the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 13; thence south at right angles to the North line of said Section 155.0 feet; thence east at right angles 35.0 feet; thence south and parallel with the West line of said Northeast Quarter of the Northwest Quarter a distance of 214.0 feet; thence west parallel with the North line of said Section a distance of 108.6 feet to the West line of the East Half of the Northeast Quarter of the Northwest Quarter of said Section 13, thence south along the last described line 200 feet to the North line of the main right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railway; thence southwesterly along said northerly right-of- way line to a point 181.8 feet easterly of the West line of the Northeast Quarter of the Northwest Quarter of said Section 13 measured along said northerly right-of-way line; thence north parallel to and 180 feet east of said West line of the Northeast Quarter of the Northwest Quarter of said Section 13 for a distance of 682.85 feet to a point 33 feet south of the North line of said Section 13; thence east parallel to and 33 feet south of the north line of said section to the point of beginning. Said temporary easement being the North 7.0 feet of the West 100.0 feet of said described property. Together with a temporary easement for constr~ction purposes over, under, across and through the South 20.0 feet of the North 27.0 feet of the West 35.0 feet of said described property. Said temporary easements to expire PARCEL 17B A perpetual easement for utility purposes over, under, across and through part of the following described property' Ail that part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, described as follows: Beginning at a point 597 feet west and 33 feet south of the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 13; thence south at right angles to the North line of said Section 155.0 feet; thence east at right angles 35.0 feet; thence south and parallel with the West line of said Northeast Quarter of the Northwest Quarter a distance of 214.0 feet; thence west parallel with the north line of said Section a distance of 108.6 feet to the West line of the East Half of the Northeast Quarter of the Northwest Quarter of said Section 13, thence south along the last described line 200 feet to the North line of the main right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railway; thence southwesterly along said northerly right-of- way line to a point 181.8 feet easterly of the West line of the Northeast Quarter of the Northwest Quarter of said Section 13 measured along said northerly right-of-way line; thence north parallel to and 180 feet east of said West line of the Northeast Quarter of the Northwest Quarter of said Section 13 for a distance of 682.85 feet to a point 33 feet south of the North line of said Section 13; thence east parallel to and 33 feet south of the north line of said section to the point of beginning. Said perpetual easement being the East 10.0 feet of the West 25.0 feet of the North 15.0 feet of said described property° PARCEL 18A A temporary easement for construction purposes over, under, across and through part of the following described property: Outlot D, BLOOMBERG ADDITION, Carver County, Minnesota Said temporary easement being the South 10.0 feet of the North 18.0 feet of said Outlot D. Together with a temporary easement for construction purposes over, under, across and through the South 12.0 feet of the North 30.0 feet of the West 140.0 feet of said Outlot D. Together with a temporary easement for construction purposes over, under, across and through the South 10.0 feet of the North 40.0 feet of the East 40.0 feet of the West 90.0 feet of said Outlot D. Said temporary easements to expire . PARCEL 18B A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Outlot D, BLOOMBERG ADDITION, Carver County, Minnesota · Said perpetual easement being the North 8.0 feet of said Outlot D. PARCEL 19 A perpetual easement for roadway and utility purposes over, under, across and through the following described property' Outlot E, BLOOMBERG ADDITION, Carver County, Minnesota PARCEL 20A A temporary easement for construction purposes over, under, across and through part of the following described property: Outlot A, BLOOMBERG ADDITION, Carver County, Minnesota Said temporary easement being that part of said Outlot A lying northwesterly of a line run from a point on the west line of said Outlot A distant 27.0 feet south from the northwest corner of said Outlot A to a point on the north line of said Outlot A distant 65 feet east from the northwest corner of said Outlot A. Together with a temporary easement for construction purposes being that part of said Outlot A lying northeasterly of a line run from a point on the east side of said Outlot A distant 20.0 feet south from the northeast corner of said Outlot A to a point on the north line of said Outlot A distant 30.0 feet west from the northeast corner of said Outlot A. Said temporary easements will expire PARCEL 20B A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Outlot A, BLOOMBERG ADDITION, Carver County, Minnesota Said perpetual easement being that part of said Outlot A lying northwesterly of a line run from a point on the north line of said Outlot A distant 25.0 feet east from the northwest corner of said Outlot A to a point on the west line of said Outlot A distant 4.0 feet south from the northwest corner of said Outlot A. PARCEL 21 A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 1, Block 1, BURDICK-PARK ADDITION, Carver County, Minnesota Said temporary easement being that part of said Lot 1 lying northwesterly of a curve concave to the northwest having a radius of 190.0 feet. Said curve passes through a point on the north line of said Lot 1 distant 93.0 feet westerly from the northeast corner of said Lot 1 and passes through a point on the west line of said Lot 1 distant 96.0 feet north from the southwest corner of said Lot 1. Said temporary easement to expire PARCEL 23 A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 16, Block 7, SADDLEBROOK, Carver County, Minnesota Said temporary easement being the West 10.0 feet of the South 240.0 feet of the North 275.0 feet of said Lot 16. Said temporary easement to expire