1h. TH 101 Gap Project 04-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax 952.227.1110
Building Inspections
Phone 952.227.1180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.227.1170
Finance
Phone 952.227.1140
Fax 952.227.1110
Pink & Recreation
Phone 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax 952.227.1310
Senior Center
Phone 952.227.1125
Fax 952.227.1110
Web Site
www.ci.chanhassen.mn.us
1.~
MEMORANDUM
TO:
Todd Gerhardt, City Manager
-r? () .
Paul Oehme, Dir. of Public Works/City Engineer J.'
OJ1/'
FROM:
DATE:
August 14, 2006
SUBJ:
TH 101 GAP: Approve Resolution Dispensing with Statutory
Requirements Authorizing Conveyance of City-Owned Property to
the State of Minnesota - Project No. 04-06
REQUEST
Approve resolution dispensing with statutory requirements authorizing
conveyance of city-owned property to the State of Minnesota.
BACKGROUND
The TH 101 GAP project is proposed to address system continuity and safety
issues along TH 101 from Lake Drive to 86th Street. TH 101 currently has four
lanes north of Lake Drive and will be constructed to four lanes south of 86th
Street as part of the TH 212 realignment project. The segment of TH 101 between
Lake Drive and 86th Street, a distance of approximately 2,400 feet, currently has
two lanes.
Existing TH 101 will be cul-de-saced near Lake Susan and turned back to the
City. Access for the properties living on existing TH 101 will be provided off of
Lake Susan Drive. Existing TH 101 will be reconstructed, widened to four lanes
and urbanized with concrete curb and gutter. The roadway section will be
consistent with the TH 101 roadway section MnDOT is building with the TH 212
project.
A pedestrian underpass is proposed at the current pedestrian crossing to improve
safety. Additional pedestrian trails will be built on the east side of TH 101.
DISCUSSION
On January 9,2006, the Council authorized a land purchase agreement for Outlot
I with Lake Susan Apartments for the TH 101 GAP project. This piece of
property was required to be purchased instead of having an easement dedicated.
Outlot I is .47 acres and will have a trail constructed and a portion of the trail
underpass box culvert constructed on it. The purchase price was $4,094.64. Trail
dedication funds were used for this purchase. The last step is to deed the property
over to MnDOT. The attached documents are to convey the property to MnDOT.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
August 14,2006
Page 2
The City Attorney's office has reviewed the agreement and resolution and finds
them in order. This dedication fulfills the City's responsibility for land
acquisition for the project.
SCHEDULE
The project schedule is as follows:
Roadway Construction Bid Opening
Roadway Construction Begins
Construction Completion
October, 2006
April, 2007
November, 2007
Attachments: 1. Resolution
2. Quit Claim Deed
3. Map showing City-Owned Property
G:\ENGIPUBLICI04-06 Wi GAPlbkgd conveyance of property 081406.OOc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
August 14. 2006
RESOLUTION NO:
2006-
MOTION BY:
SECONDED BY:
RESOLUTION DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW
BY PLANNING COMMISSION OF DISPOSAL OF PROPERTY AND AUTHORIZING
THE CONVEYANCE OF THE PROPERTY TO THE STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION
PROJECT NO. 04-06
WHEREAS, the City of Chanhassen is the fee owner of certain real property in the City
of Chanhassen ("Property"), legally described in Exhibit A attached hereto.
WHEREAS, MNDOT desires to acquire the Property for highway purposes under the
terms of the Offer to Sell and Memorandum of Conditions attached hereto ("Offer to Sell"),
attached hereto as Exhibit B; and
WHEREAS, pursuant to Minnesota Statutes 462.356, subdivision 2, the City Council
finds that the proposed sale of the Property to MNDOT has no relationship to the City's
Comprehensi ve Plan; and
WHEREAS, the City Council finds that the conveyance of the Property to MNDOT is in
the best interest of the citizens of the City in that the Property will be used for roadway and trail
purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota that:
1. The City Council finds that the disposal of the Property under the Offer to Sell
has no relationship to the comprehensive municipal plan.
2. The Council hereby approves the Offer to Sell and authorizes the City Manager
and the Mayor to execute the Offer to Sell and any and all other documents necessary to convey
the Property under the terms of the Offer to Sell.
Passed and adopted by the Chanhassen City Council this 14th day of August, 2006.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT
1
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Outlot I, Villages on the Ponds, Carver County, Minnesota, according to the recorded plat
thereof.
2
EXHIBIT "B"
OFFER TO SELL AND MEMORANDUM OF CONDITIONS
3
Office of Land Management (2-98) RECOMMENDED FOR APPROVAL
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
Supervisor of Direct Purchase
APPROVED
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS By
C.S.:
1009 (101 =187) 902
Parcel:
63
County:
Carver
Owners and addresses: City of Chanhassen, Mayor, 7700 Market Blvd., P.O. Box 147, Chanhassen,
Minnesota, 55317;
For a valuable consideration, on this day of , ,1hel.l'Xiersgled
owners hereby offer to sell and convey to the State of Minnesota for a total consideration of
Dollars ($ ) a fee simple title to the
real estate or an interest therein situated in Carver County, Minnesota, described in the copy of the
instrument of conveyance hereto attached.
The undersigned parties have this day executed an instrument for the conveyance of the aforesaid
real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to
the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and
convey is accepted in writing by the Office of Land Management of the Minnesota Department of
Transportation within days from the date of this offer. Such notice of acceptance shall be by
certified mail directed to the address appearing after our signatures hereto. If this offer is not so
accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall
forthwith be returned to the undersigned owners.
If this offer is accepted it is mutually agreed by and between the owners and the State as follows:
(1) Possession of the real estate shall transfer to the State days after the date of
acceptance. The owners shall have the right to continue to occupy the property or to rent same to the
present occupants or others until the date of transfer of possession. Any change in occupancy shall be
subject to approval and concurrence by the State. On or before the date for transfer or possession the
owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be
vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of
same. No buildings appurtenances or other non-personal items or fixtures will be removed from the
premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify
the Department of Transportation as soon as the improvements are vacated. The owners will maintain
the improvements during their period of occupancy and will make all necessary repairs at their own
expense. The State's prospective bidders for the purchase or demolition of the improvements on the
property shall have the right of entry for inspection purposes during the last 10 days of possession by the
owners.
(2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance
subject to conditions hereinafter stated.
(3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and
windstorm in the amount of present coverage or if none in force then in an amount not less than the
current market value during the entire period of the owners' occupancy of the buildings on the real estate,
such policy or policies of insurance to be endorsed to show the State's interest.
(4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any)
on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of
Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under
the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall
include interest on the mortgage(s) to date that payment is made to the mortgage holder.
(5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is
encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of
mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in
payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage
must be paid for by the owners.
(6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or
not, which are a lien against the property. Current taxes shall include those payable in the calendar
year in which this document is dated. The owners will also pay in full any special assessments,
whether deferred or not, which are a lien against the property. The owners= obligation to pay deferred
taxes and assessments shall continue after the sale and shall not merge with the delivery and
acceptance of the deed.
(7) If encumbrances, mechanics liens or other items intervene before the date the instrument of
conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to
validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall
be returned to the owners.
(8) Payment to the owners shall be made in the due course of the State's business after payment
of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The
owners will not be required to vacate the property until the owners have received payment.
(9) No payments shall be made of any part of the consideration for said sale until marketable title
is found to be in the owners and until said instrument of conveyance has been recorded.
(10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed
by them on this date, and a copy of this offer and memorandum.
(11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances
belonging to the premises including:
OWNERS
CITY OF CHANHASSEN
By
Its
And
Its
(Address of Owner where acceptance is to be mailed.)
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $
C.S.1009(101=187)902
Parcel 63
County of Carver
Date:
For and in consideration of the sum of
Dollars ($ ),
City of Chanhassen, a municipal corporation under the laws of the state of Minnesota,
Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in
Carver County, Minnesota, described as follows:
All of Tract 1 described below:
Tract 1. Outlot I, VILLAGES ON THE PONDS, according to the plat thereof on
file and of record in the office of the County Recorder in and for Carver
County, Minnesota;
together with all hereditaments and appurtenances belonging hereto.
Check box if applicable:
D The Seller certifies that the seller does not know of any wells on the described real
property.
D A well disclosure certificate accompanies this document.
D I am familiar with the property described in this instrument and I certify that the status
and number of wells on the described real property have not changed since the last
previously filed well disclosure certificate.
CITY OF CHANHASSEN
By
Its
And
Its
Page 1 of 2
'~
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
, by
day of
and
,the and
of City of Chanhassen, a municipal corporation
under the laws of the state of Minnesota, on behalf of the municipal corporation.
NOTARY PUBLIC
My commission expires:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Metro Right of Way,
Roseville, MN 55113
Send tax statements to Grantee:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
Page 2 of 2
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