2022-91CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 28, 2022 RESOLUTION NO:
MOTION BY: McDonald SECONDED BY:
2022-91
Rehm
RESOLUTION APPROVING A SETTLEMENT AGREEMENT
FOR CSAH 101 PARCEL 29
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 Renee L. Strickland (the "Owner") and as defined as Parcel 29 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.
PASSED AND ADOPTED by the Chanhassen City Council this 28t' day of November,
2022.
ATTEST:
'00�1 2A�
i Meu , City q1erk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
EXHIBIT A
The Settlement Agreement
STATE OF MINNESOTA
COUNTY OF CARVER
The City of Chanhassen, a Minnesota municipal
corporation,
Petitioner,
vs.
PCH Development, LLC, et al,
Respondents.
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Condemnation
Court File No. 10-CV-19-1132
STIPULATION OF SETTLEMENT
FOR PARCEL 29
This Stipulation of Settlement for Parcel 29 (the "Agreement") is entered into by and
between the Petitioner City of Chanhassen ("City") and Respondent Renee L. Strickland
("Owner") (together collectively referred to herein as the "Parties", or each a "Party"), on this
day of , 2022.
Recitals
A. The City 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 in the above -captioned
matter for the reconstruction, expansion, and improvement of County State Aid Highway 101
(Flying Cloud Drive).
B. The Owner is the owner in fee simple of certain real property located in Carver
County and which are legally described in the attached Exhibit A (the "Property" or
"Parcel 29")
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C. The following parties are identified in the Petition as having or potentially having an
interest in Parcel 29 but are not parties to this Agreement (the "Third Party Respondents"):
a. Wings Financial, a Minnesota credit union, now known as Wings Financial
Advisors, a Minnesota limited liability company; and
b. All other parties unknown, together with unknown successors, assigns, heirs,
devisees and spouses, if any.
D. On January 13, 2020, the Court filed its Findings of Fact, Conclusions of Law and
Order Approving Petition and Transfer of Title and Possession. On January 31, 2020, the Court
filed its Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and
Transfer of Title and Possession (the "Amended Order Approving Petition") in the above
matter, approving the City's acquisition of the interests in the Property and authorized the City to
obtain the early transfer of title and possession of the Property upon the City's payment to the
Owner or deposit with the Court of the City's approved appraisal value for the Property pursuant
to Minnesota Statutes, Section 117.042.
E. On February 18, 2020, pursuant to the Amended Order Approving Petition, the City
deposited with the Court Administrator's Office $9,350 as the amount of the City's approved
appraisal of value for Parcel 29 (the "Quick Take Deposit")
F. On February 18, 2020, the City filed said Amended Order Approving Petition in
the Office of the County Recorder/Registrar of Titles for Carver County, as Document No.
A691199. On February 18, 2020, the City filed a Receipt of Deposit in the Office of the County
Recorder/Registrar of Titles for Carver County, as Document No. A691200, thereby causing title
and the right to possession of the Properties to pass to the City.
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G. The Parties have now reached an agreement on the total amount which the City will
pay to the Owner in settlement of all claims which the Owner may have against the City in
connection with the taking by the City from the Property in this matter, and the Parties enter into
this Agreement confirming the terms and conditions of said agreement.
Terms of the Agreement
NOW, THEREFORE, in consideration of their mutual promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
stipulate and agree as follows:
1. Recitals. The recitals set forth above are true and accurate and each are incorporated
as material terms.
2. Settlement Amount. The Parties agree to a full and final settlement of all claims
related to and arising from the City's acquisition of Parcel 29 for the total payment amount of
thirty-two thousand, nine hundred ten dollars and no cents ($32,910.00) (the "Settlement
Amount"), payable to Owner as set forth in Paragraph 5 below.
3. Proposed Award. The Parties agree to the issuance by the court -appointed
commissioners of a report of commissioners for the Property equal to the Settlement Amount, payable
entirely to the Owner, with zero dollars payable to all other Respondents, in substantially the form
attached as Exhibit B ("Proposed Award"). Once the Commissioners have signed the Proposed
Award, the City shall file it with the District Court and serve notice of its filing. Subject to the
contingency in Paragraph 4 of this Agreement, the Parties agree not to appeal this Agreement, the
Settlement Amount, or the award made in the Report of Commissioners.
4. Contingency. This Agreement is contingent on the filing of the Report of
Commissioners awarding the Settlement Amount as specified in Paragraphs 2 and 3 above, and on
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the expiration of the statutory appeal period without an appeal. All known respondents who may claim
an interest in the taking of the Property Interests will be given notice of the Commissioners' Hearing
and of the filing of the Report of Commissioners. If any Third -Party Respondent objects to the entry
of the Report of Commissioners, then this Stipulation shall terminate and Petitioner and Respondents
each reserve their right to proceed with a contested Commissioners' Hearing on damages and to
pursue appeals from the final award of Commissioners; PROVIDED that Owner may (at its option)
(a) negotiate a resolution to any claim by a third party ("Third -Party Claim") and secure a waiver
or release reasonably satisfactory to City of any Third -Party Claim ("Third -Party Release") or (b)
bring any and all necessary motions to the Court seeking to secure an order from the Court disposing
of or liquidating the claims of any other Third -Party Respondent ("Third -Party Motion"). The City
agrees not to object to the Third -Party Motion. If the Owner is successful in obtaining a Third -Party
Release or in disposing of Third -Party Claims, then the City and Owner agree to be bound by this
Stipulation. If an appeal of the commissioners' award is filed within the statutory appeal period, this
Agreement shall be null and void and both parties agree to proceed to conduct a de novo jury trial
before the Minnesota District Court
Payment. Within 15 business after the expiration of the 40-day appeal period under
Minnesota Statutes, Section 117.145 without appeal, or upon entry of a final judgment as provided in
Paragraph 4 above (after Respondent obtains either a Third -Parry Release or disposes of Third -Party
Claims), the City shall pay the Unpaid Balance of the Settlement Amount to the Owner by issuing a
check in the name of "Renee L. Strickland" and sending it by U.S. mail to the following address:
10251 Great Plains Boulevard, Chaska, MN 55318.
6. Quick Take Deposit. The Owner hereby assigns to the City all of its right, title and
interest in the Quick -Take Deposit. The City and the Owner hereby agree to the entry of a Court order
2
directing disbursement to the City alone of the Quick -Take Deposit, together with any interest that
has accrued thereon. At any time after the delivery of the Settlement Check to Owner, the City may
apply to the Court for disbursement to the City of the Quick -Take Deposit, together with any interest
that has accrued thereon, without further notice to respondents.
7. Full and Final Compromise. The terms and conditions of this Agreement constitute
a full and final compromise of all matters in dispute with respect to the Property and the Parties.
In consideration of the Settlement Amount and other terms and conditions of this Agreement, the
Owner waives any and all claims it may have against the City in connection with this condemnation
action, including without limitation, just compensation, statutory remedies, all severance damages,
any other damages, interest, relocation benefits, appraisal fees, attorney fees, and costs and
disbursements to which Owner may otherwise be entitled. Owner agrees that payment and
acceptance of the Settlement Amount constitutes full accord and satisfaction for all claims for
damages, past, present, and future, of any kind or nature, occasioned by the taking, that were made
or could have been made in the condemnation action. The Owner waives any and all rights to
further notices, viewings, or hearings regarding this action.
8. Waiver of Appeal. The Parties waive the right to appeal this Agreement and/or any
orders entered pursuant to this Agreement.
9. Condemnation Action. After payment as provided under Paragraph 5 of this
Agreement the City will file a Final Certificate with respect to Parcel 29 and will file a discharge of
notice of lis pendens in the Office of the Office of the County Recorder or Registrar of Titles for
Carver County. Each party will bear its own costs in connection with this action. The district court
shall retain jurisdiction to enforce the terms of this Agreement.
E
10. Entire Agreement. This Agreement contains the entire agreement of the Parties
regarding this matter.
11. Binding Effect and Capacity to Sign. Any person signing this Agreement in a
representative capacity represents and warrants by signing this Agreement that it is the signer's
intent to bind the principal being represented to the terms and conditions of this Agreement, that
the signer has been authorized to bind the principal to the terms and conditions, and that it is the
intent of the principal to be so bound.
12. Voluntary Execution. Owner has either consulted or had the opportunity to consult
with an attorney prior to executing this Agreement. The undersigned state and represent that they
have fully read this Agreement, and that they each know and understand the consequences and
legal effect thereof.
13. 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.
14. Counterparts. This Stipulation may be executed in counterparts which, taken
together, shall constitute one agreement.
{The remainder of this page is intentionally left blank; signature pages to follow}
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{Signature Page for the City of Chanhassen}
Dated: November 30 .2022
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Dated: , 2022
CITY OF CHANHASSEN
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Elise Ryan, Mayor
Laurie Hokkanen, City Manager
KENNEDY & GRAVEN, CHARTERED
Joshua P. Weir (#0402328)
Fifth Street Towers
150 South 51h Street, Ste. 700
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
CITY OF CHANHASSEN
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j4wner's Signature Page for Stipulation of Settlement Parcel 29)
OWNER:
Dated: kVe.y�,b.ex' o , 2022y - f
Renee L. Strickland
EXHIBIT A
Parcel 29
Property Tax Identification No. 25.120-0080
Property Address: 10251 Great Plains Boulevard, Chaska, MN 55318
Property: Abstract
Legal Description of Subject Property:
Lot 7, Block 2, BLUFF CREEK HIGHLANDS, Carver County, Minnesota.
Description of Portion of Subject Property to Be Encumbered Herein by Temporary
Easement for Construction Purposes:
Parcel 29 as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record
in the office of the County Recorder, Carver County, Minnesota, containing a total of 12,016
square feet, more or less.
Term of Temporary Easement:
The temporary easement tract will expire on December 31, 2021.
Respondents
Interests
Renee L. Strickland
Fee Owner
Wings Financial, a Minnesota credit union,
Mortgagee
now known as Wings Financial Advisors, a
Minnesota limited liability company
City of Chanhassen
Special Assessments, if an
All other parties unknown, together with
Any right, title or interest within the
unknown successors, assigns, heirs, devisees
acquired portion of the Subject
and spouses, if any
Property
A-1
EXHIBIT B
Form of Proposed Award
STATE OF MINNESOTA
COUNTY OF CARVER
The City of Chanhassen, a Minnesota municipal
corporation,
Petitioner,
VS.
PCH Development, LLC, et al,
Respondents.
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Condemnation
Court File No. 10-CV-19-1132
REPORT OF COMMISSIONERS
PARCEL 29
We, the undersigned Commissioners, appointed in this matter by Order of this Court, do
hereby report as follows:
I.
We met at the time and place appointed by this Court in the office of the Court
Administrator, and each took the oath prescribed by law.
II.
After notice, we viewed the property identified as Parcel 29 described on Exhibit A of
the Court's Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and
Transfer of Title and Possession filed January 31, 2020.
After notice of meeting and an opportunity for possible claimants to be heard, we make
the below award for damages as to Parcel 29. The award is based on the commissioners viewing
B-1
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of said real estate and the Stipulation of Settlement Agreement (Parcel 29), attached here to as
Attachment A (the "Agreement"), which we received and accepted. We heard no testimony
relative to this taking nor reviewed any appraisal or other evidence of fair market value or
damages related to the taking, other than the Agreement.
IV.
Pursuant to the parties' Agreement, we now make the following award for the damages
sustained by the Respondents by reason of the taking of the property interests described in
Exhibit A to the Petition (a copy of Exhibit A is attached hereto):
TO: Renee L. Strickland
$32,910.00
TO: Wings Financial, a Minnesota credit union,
now known as Wings Financial Advisors,
a Minnesota limited liability company $0.00
TO: All other parties unknown, together with
unknown successors, assigns, heirs, devises
and spouses, if any $0.00
TOTAL DAMAGES TO ALL PARTIES $32,910.00
The foregoing award assumes that the above -referenced properties are free of all
pollutants, contaminants and hazardous wastes. We have not assessed any damages for the
presence of pollutants, contaminants, and hazardous wastes on the subject properties. This award
is made with the express understanding that the Petitioner, the City of Chanhassen, has reserved
all rights to recover damages, testing costs and cleanup -costs attributable to the existence of
pollutants, contaminants or other hazardous wastes on the properties from the Owner in a separate
legal action.
{Remainder of Page Intentionally Left Blank; Signature Pages to Follow)
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CHI 35-61-831779.v1-10/12/22
{Commissioners' Signature Page for Parcel 29)
Dated:
Richard Black
Commissioner
Dated:
Virginia Bell
Commissioner
Dated:
Peter Sampair
Commissioner
I�
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