2023-30
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 20, 2023 RESOLUTION NO: 2023-30
MOTION BY: McDonald SECONDED BY: Kimber
RESOLUTION APPROVING SETTLEMENT AGREEMENTS
FOR CSAH 101 PARCELS 14 & 20
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 Harry and Judy Niemela Trust (the “Owner”) and as defined as Parcel 11 within
the Action (the “Properties”); and
WHEREAS, to facilitate the Project, the Action included acquiring certain real property
interests owned by Donald Halla and Halla Family Limited Partnership (the “Owner”) as defined as
Parcels 14 and 20 within the Action (the “Properties”); and
WHEREAS, subject to approval by the City Council, representatives of the parties have
negotiated Settlement Agreements, copies of which are attached hereto as Exhibit A, which resolves
all outstanding claims and issues between the parties related to the Properties; and
WHEREAS, the City Council has fully considered the terms of the Settlement Agreements
and has determined that it is in the best interests of the community to approve them as presented.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated in this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreements
are hereby approved by the City Council of the City of Chanhassen.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor, City Manager,
and/or the Public Works Director of the City are hereby authorized and directed to execute all
appropriate documents and take all necessary actions to facilitate the settlements contemplated herein,
with all such actions to be in accordance with the terms and conditions set forth in this Resolution and
the incorporated Settlement Agreements.
DocuSign Envelope ID: 32B42F58-C642-470D-996A-0BBB24571234
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NOW, THEREFORE, 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 20th day of March, 2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
DocuSign Envelope ID: 32B42F58-C642-470D-996A-0BBB24571234