2024-65233165v1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 28, 2024 RESOLUTION NO: 2024-65
MOTION BY: McDonald SECONDED BY: Kimber
RESOLUTION AUTHORIZING CONDEMNATION
OF LAND FOR PUBLIC 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 temporary and permanent easements, and
right of way fee taking over the property legally described on the attached Exhibit “A”, subject
to engineering modifications, if any, for purposes in connection with the Minnetonka Middle
School West Roundabout Improvement Project located on Trunk Highway 41; and
WHEREAS, City staff and consultants have and will continue to work with the property
owners to acquire the necessary lands outside of condemnation; and
WHEREAS, the City Council finds that construction timing makes it necessary to
acquire the necessary lands as soon as possible in order for the project to proceed in an efficient,
cost effective and expeditious manner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota:
1. That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statutes Chapter 117 to acquire the necessary temporary and permanent
easements, and right of way fee taking over the property identified on the attached Exhibit “A”,
subject to engineering modifications, if needed.
2. That the City Attorney is authorized to acquire the necessary property interests
pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and City Manager are authorized to execute all documents
necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property
interests.
4. The City has obtained appraisals of the property being acquired. The Council
authorizes the City Engineer to approve the appraisals and staff to negotiate with the property
owners relating to the acquisition of the property and to acquire the property for the appraised
values.
Docusign Envelope ID: 726F87AC-1AB0-4507-9A66-799F0CC0E2BC
233165v1
PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October 2024.
ATTEST:
Jenny Potter, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
von Oven
Kimber
Schubert
McDonald
Docusign Envelope ID: 726F87AC-1AB0-4507-9A66-799F0CC0E2BC
233165v1
EXHIBIT “A”
Temporary and permanent easements over, under, and across the following described
property:
PARCEL 1
Lot 1, Block 1, BEEHIVE HOME 2ND ADDITION, Carver County, Minnesota.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Said temporary easement being that part of said Lot 1 described as commencing at
the southeast comer of said Lot 1; thence North 70 degrees 11 minutes 11 seconds
West, assumed bearing, along the southerly line of said Lot 1 a distance of 44.83 feet
to the point of beginning of said temporary easement; thence North 25 degrees 40
minutes 53 seconds East a distance of 9.26 feet; thence North 59 degrees 59.minutes
41 seconds East a distance of 66.26 feet to the easterly line of said Lot 1; thence
northeasterly along said easterly line a distance of 76.65 feet; thence North 73
degrees 13 minutes 04 seconds West a distance of 46.19 feet; thence South 16
degrees 46 minutes 56 seconds West a distance of 20.00 feet; thence South 48
degrees 44 minutes 32 seconds West a distance of 119.02 feet; thence North 73
degrees 23 minutes 59 seconds West a distance of22.92 feet; thence South 25
degrees 40 minutes 53 seconds West a distance of 6.47 feet to the southerly line of
said Lot l; thence southeasterly, along the southerly lines of said Lot 1, a distance of
85.85 feet to the point of beginning.
and
A perpetual easement for roadway and utility purposes over, under, across and through part of
the following described property:
Said perpetual easement being that part of said Lot 1 described as beginning at the
southeast comer of said Lot 1; thence North 70 degrees 11 minutes 11 seconds West,
assumed bearing, along the southerly line of said Lot 1 a distance of 44.83 feet;
thence North 25 degrees 40 minutes 53 seconds East a distance of 9.26 feet; thence
North 59 degrees 59 minutes 41 seconds East a distance of 66.26 feet to the easterly
line of said Lot 1; thence southwesterly along said easterly line a distance of 59.84
feet to the point of beginning.
Docusign Envelope ID: 726F87AC-1AB0-4507-9A66-799F0CC0E2BC
233165v1
PARCEL 2
Lot 2, Block 1, BEEHIVE HOME 2ND ADDITION, Carver County, Minnesota.
A temporary easement for construction purposes, said temporary easement being
that part of Lot 2 described as commencing at the southeast corner of said Lot 2;
thence North 70 degrees 11 minutes 11 seconds West, assumed bearing, along the
southerly line of said Lot 2 a distance of 44.83 feet to the point of beginning of
said temporary easement; thence North 25 degrees 40 minutes 53 seconds East a
distance of 9.26 feet; thence North 59 degrees 59 minutes 41 seconds East a
distance of 66.26 feet to the easterly line of said Lot 2; thence northeasterly 73
degrees 13 minutes 04 seconds West a distance of 46.19 feet; thence South 16
degrees 46 minutes 56 seconds West a distance of 20.00 feet; thence South 48
degrees 44 minutes 32 seconds West a distance of 119.02 feet; thence North 73
degrees 23 minutes 59 seconds West a distance of 22.92 feet; thence South 25
degrees 40 minutes 53 seconds West a distance of 6.47 feet to the southerly line
of said Lot 2; thence southeasterly, along the southerly line of said Lot 2, a
distance of 85.85 feet to the point of beginning.
and
A perpetual easement for roadway and utility purposes, said perpetual easement
being that part of said Lot 2 described as beginning at the southeast corner of said
Lot 2; thence North 70 degrees 11 minutes 11 seconds West, assumed bearing,
along the southerly line of said Lot 2 a distance of 44.83 feet; thence North 25
degrees 40 minutes 53 seconds East a distance of 9.26 feet; thence North 59
degrees 59 minutes 41 seconds East a distance of 66.26 feet to the easterly line of
said Lot 2; thence southwesterly along said easterly line a distance of 59.84 feet to
the point of beginning.
Docusign Envelope ID: 726F87AC-1AB0-4507-9A66-799F0CC0E2BC