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2023-451 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO: 2023-45 MOTION BY: von Oven SECONDED BY: Kimber RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR CSAH 101 PARCEL 18 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 Donald E. Halla and Halla Family Limited Partnership (the “Owner”) as defined as Parcel 18 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 them as presented. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreement is 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 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. 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. DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F 2 PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Schubert von Oven Kimber DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F A-1 EXHIBIT A The Settlement Agreement DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F DocuSign Envelope ID: 44782621-21E7-4D28-8A0B-7F3094DED42F