2022-82
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14, 2022 RESOLUTION NO: 2022-82
MOTION BY: McDonald___ SECONDED BY: Rehm __
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
FOR CSAH 101 PARCEL 19
WHEREAS, the City of Chanhassen (“City”), having the power of eminent domain as
provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and
motion for early transfer of title and possession to acquire various interests in land in the City of
Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101
from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud
Drive) (the “Project”); and
WHEREAS, the Petition for the Project was filed on November 18, 2019, as a part of Carver
County Court File No. 10-CV-19-1132 (the “Action”); and
WHEREAS, to facilitate the Project, the Action included acquiring certain real property
interests owned by Nancy J. Rossberg Revocable Trust (the “Owner”) and as defined as Parcel 19
within the Action (the “Property”); and
WHEREAS, subject to approval by the City Council, representatives of the parties have
negotiated a Settlement Agreement, a copy of which is attached hereto as Exhibit A, which resolves
all outstanding claims and issues between the parties related to the Property; and
WHEREAS, the City Council has fully considered the terms of the Settlement Agreement
and has determined that it is in the best interests of the community to approve it as presented.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated herein to this Resolution.
BE IT FURTHER RESOLVED that the Settlement Agreement is hereby approved by the
City Council of the City of Chanhassen.
BE IT FURTHER RESOLVED that the Mayor and City Manager of the City are hereby
authorized and directed to execute all appropriate documents and take all necessary actions to
facilitate the settlement contemplated herein, with all such actions to be in accordance with the terms
and conditions set forth in this Resolution and the incorporated Settlement Agreement.
BE IT FINALLY RESOLVED that the Mayor and City Manager of the City, staff and
consultants are hereby authorized and directed to take any and all additional steps and actions
necessary or convenient in order to accomplish the intent of this Resolution.
DocuSign Envelope ID: 08A80D80-A137-469D-BB70-3481AE5CB9F5
2
PASSED AND ADOPTED by the Chanhassen City Council this 14th day of November,
2022.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
EXHIBIT A
The Settlement Agreement
DocuSign Envelope ID: 08A80D80-A137-469D-BB70-3481AE5CB9F5
Page 1 of 5
CH135-61B-834543.v2-10/25/22
SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into by and between the City of
Chanhassen (“City”) and Nancy J. Rossberg and the Nancy J. Rossberg Revocable Trust
(“Owner”), each referred to individually as a “Party” and collectively as the “Parties.”
1. Recitals.
This Agreement relates to the claims and defenses in the eminent domain action captioned
City of Chanhassen vs. PCH Development, LLC, et al., Court file No. 10-CV-19-1132, and the
subsequent appeal, captioned The City of Chanhassen vs. The Nancy J. Rossberg Revocable Trust,
Court File No. 10-CV-21-891, both venued in Carver County District Court, Carver County,
Minnesota (hereinafter collectively, the “Condemnation”). The Condemnation involves matters
and disputes regarding the City’s acquisition of portions of property and associated improvements
(the “Acquisition”) from Owner’s property located at 9885 Raspberry Hill Lane (the “Property”).
A. Owner is the fee owner of real property (“the Property”) which is legally described as
Parcel 19 in Exhibit A to the Court’s Amended Findings of Fact, Conclusions of Law,
and Order Approving Petition and Transfer of Title and Possession, filed on January
31, 2020.
B. On February 18, 2020, the City paid its then-approved appraised value for the damages
caused by the taking, $49,000.00, to Owner’s counsel of record (the “Quick-take
Payment”).
C. On October 29, 2021, the court-appointed commissioners filed their Report of
Commissioners Parcel 19 – Nancy J. Rossberg Revocable Trust in the amount of
$88,000.00 payable to “Nancy J. Rossberg Revocable Trust,” with no damages payable
to any other respondent.
D. On November 17, 2021, the Owner timely filed and served a Notice of Appeal of
Commissioners’ Award. The Owner also requested payment of 3/4 of the award
pursuant to Minn. Stat. § 117.155. The City subsequently paid the Owner $17,000.00,
plus the statutory appraisal reimbursement of $1,500.00.
E. The Condemnation Appeal is currently set for jury trial on November 15, 2022.
F. The Parties have reached a full and final compromise of the matters in dispute.
G. The above Recitals are accurate and are fully incorporated into this Agreement as
material terms.
Now, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to the following terms and conditions of settlement of the
Condemnation:
DocuSign Envelope ID: F079553A-042B-414A-A0D4-D2C0AA8BA25E
Page 2 of 5
CH135-61B-834543.v2-10/25/22
2. Consideration.
A. Settlement Amount. Through this Agreement, the Parties agree to settle all claims in
connection with the Condemnation for an additional payment of Seventy Thousand
Dollars and NO/100 ($70,000.00). This payment includes compensation for all claims
and actions Owner may have against the City in connection with the Condemnation
and the Acquisition, including without limitation, just compensation, minimum
compensation, statutory remedies, any other damages, interest, appraisal fees, attorney
fees, costs, and disbursements, known or unknown, to which the Owner may otherwise
be entitled.
B. Other Consideration. Owner has expressed concerns about the presence of
stormwater accumulating in the newly reconfigured drainage ditch adjacent to Owner’s
Property. Said ditch is located within the Highway 101 public Right-of-Way between
Owner’s privacy fencing and a newly constructed multi-use trail along Highway 101.
The City agrees to work with the Owner to review the adequacy of the ditch to convey
stormwater drainage as it relates to potential ponding backing up onto the Owner’s
property; and to make good faith efforts to resolve issues with the functionality of the
ditch.
3. Agreement Subject to Final Council Approval. This Agreement is contingent on final
approval of the City Council. The City Public Works Director and City Engineer, Charles Howley,
and the City’s legal counsel in this matter, Joshua P. Weir, shall submit this Agreement to the City
Council for consideration. Mr. Howley and Mr. Weir will recommend that the City Council
approve the terms and conditions of this Agreement with the understanding that the City Council
will take action at its council meeting of November 14, 2022, to confirm either acceptance or
rejection of this Agreement. If the meeting does not occur on November 14, 2022, for any reason,
the Parties agree that the City Council will take action as soon thereafter as scheduling allows. If
accepted, this Agreement shall thereafter be fully enforceable. If rejected, this Agreement,
including without limitation, the releases herein, shall be null and void and the Parties shall proceed
with their claims, defenses, and remedies as outlined in Paragraph 5 of this Agreement.
4. Payment of the Settlement Amount. Within 14 days following approval by the City
Council, the City shall pay the Settlement Amount by check payable to “Nancy J. Rossberg
Revocable Trust” and delivered by U.S. Mail to: Patrick J. Neaton, Neaton & Puklich, PLLP, 7975
Stone Creek Drive, Suite 120, Chanhassen, MN 55317.
5. Rights in the Event of Council Rejection of Agreement. In the event that the City
Council rejects the recommendations to approve this Agreement on November 14, 2022, as
provided in Paragraph 3, then Owner and the City shall proceed with their claims and defenses in
the Lawsuit. In the event of such a rejection, the Parties agree to file a stipulation to amend the
scheduling order and a proposed amended scheduling order (“Stipulation”) with the Court within
14 days of the rejection. The Stipulation will ask the Court to move all dates listed in the current
scheduling order, including the trial date, no less than two months into the future for each
respective date.
DocuSign Envelope ID: F079553A-042B-414A-A0D4-D2C0AA8BA25E
Page 3 of 5
CH135-61B-834543.v2-10/25/22
6. Trial Scheduling and Dismissal of the Appeal. Following the execution of this
Agreement, and pending City Council approval, the Parties agree to jointly notify the Court of this
proposed settlement, and to jointly request that the trial date be stricken and the case placed on
“Inactive” status. If the City Council approves this Agreement, the Parties shall execute and file a
stipulation and order of dismissal with prejudice. The City shall thereafter file a final certificate
with respect to the Property. Each Party shall bear its own attorney’s fees in connection with these
actions. If the City Council rejects this Agreement, the Parties shall proceed as outlined under
Paragraph 5 of this Agreement.
7. Release of All Claims. Upon execution of this Agreement and the City Council’s approval
of the same, the Owner and the City, on behalf of themselves, and on behalf of each and all of their
respective past and present representatives, engineers, council members, City administrators,
attorneys, officers, members, agents, employees, insurers, heirs, and assigns, shall and do hereby
fully and finally release each other, and each and all of their respective past and present
representatives, engineers, council members, City administrators, attorneys, officers, members,
agents, employees, insurers, heirs, and assigns, from all claims, demands, or causes of action,
whether sounding in the constitution, statute, contract, tort, or warranty, whether statutory or based
on claims of alleged wrongful taking or claim to process violations, that the Parties may have, or
may claim to have, against each other arising out of or related to the Condemnation or the
Acquisition. This mutual release is intended to be full and final between the Parties with respect
to any matter or thing relating to either the Condemnation or the Acquisition as to all claims,
whether now known, or as may arise in the future.
Owner hereby agrees to indemnify and hold harmless the City of Chanhassen from any
liability whatsoever to any person, firm or corporation beyond the consideration already paid as a
part of this Agreement, including, without limitation, liability for claims of negligence,
constitutional claims, breach of contract, fraud, misrepresentation, strict liability and/or breach of
express or implied warranty and/or actions for enforcement of any liens including, without
limitation, any subrogation claim and/or lien enforcement claim arising from payment of any
insurance benefits, Medicare payments, medical assistance claim, or otherwise, which may now
exist or thereafter arise. It is agreed all liens or any statutory obligations will be satisfied by the
proceeds of the settlement.
8. Non-Admission of Liability. Nothing in this Agreement shall constitute an admission of
fault or responsibility by either the City or the Owner. This settlement is made in compromise of
disputed matters.
9. Signatory Authority/Voluntary Execution. Each of the signatories to this Agreement
acknowledge that they are signing the same of their own free act, without being under any coercion,
promise, or commitment, except as those expressly contained herein. The persons signing this
Agreement in their representative capacities represent and warrant by signing this Agreement that
it is their intent to bind their respective principals to the terms and conditions set forth herein, that
the persons signing in their representative capacity have been authorized to bind their respective
principals to such terms, and that it is the respective principals’ intent to be so bound.
10. Binding Effect. Owner agrees that this Agreement binds Owner individually and also
binds any heirs, executors, administrators, assigns, agents, partners and successors in interest.
DocuSign Envelope ID: F079553A-042B-414A-A0D4-D2C0AA8BA25E
Page 4 of 5
CH135-61B-834543.v2-10/25/22
Owner represents that no right, claim, appeal or cause of action covered by this Agreement has
been assigned or given to someone else, nor are any attorney fees owed to any counsel for which
the City is liable.
11. Invalidity and Severance. The invalidity or partial invalidity of any portion of this
Agreement shall not invalidate the remainder thereof, and said remainder shall remain in full force
and effect. Moreover, if one or more of the provisions contained in this Agreement shall, for any
reason, be held to be excessively broad as to scope, activity, subject or otherwise, so as to be
unenforceable, such provision or provisions shall be construed by the appropriate judicial body by
limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with
then-applicable law. To the extent that any particular claim is ultimately determined to be not
waivable, Owner agrees that the consideration paid as part of this Agreement upholds the validity
of the waiver of all remaining claims.
12. Mediation. Any controversy, dispute or claim rising out of or relating to this Agreement,
if not settled by direct negotiation between the Parties, shall be submitted to mediation prior to
initiating action with the Court. Any demand for mediation by either Party shall be made in writing
and served upon the other party and shall set forth with reasonable specificity the basis of the
dispute and the relief sought. Any mediation hereunder shall be conducted before an independent
mediator mutually selected by the Parties.
13. Minnesota Venue. This Agreement shall be governed by Minnesota law. The courts of the
State of Minnesota, either federal or state, shall have jurisdiction over, and be the proper venue
for, any disputes arising out of this Agreement.
14. Execution in Counterpart. This Agreement may be executed in counterparts.
[Remainder of page intentionally left blank]
DocuSign Envelope ID: F079553A-042B-414A-A0D4-D2C0AA8BA25E
DocuSign Envelope ID: F079553A-042B-414A-A0D4-D2C0AA8BA25E
November 14