1a Settlement Lundgren & Dolesj 7700 Market Boulevard
PO.Box 147
chanhassen MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952,227.1180
Fax: 952.227.1190
Engineering ~
.- Phone:952.227.1160
~' Fax: 952_227:1170
'Finance
Phone:952.227,1140
Fax: 952.227.1110
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FROM: Teresa J. Burgess, Public W°rks'Dkcctor/Ci~:En~~
Stol: Approve SeUiementA~eement With~L~d~en BrOS. and jay.-
D01ejsi --projeCt No~ 00:0t:~
Approve the attached, settlement agreement for acqUisiti°n of easements. On the
BC7 & BC8 Utility ExtenSion ProjeCt:and authOfizepayment'°f$13,000.:: i .
Park & Recreation he C~ty s attorney has negotiated a settlement to,the condemnation proceedings
!Phone: 957227.~n20 ' · on ParCel 2 of the: BC7 & BC8 UtilitY"Ex-/enSi0nproj ect:.i. ,The $1~ ~00o is -the. i
:;~ 'Faxi952.227.1~10 i differencebetweenthearnountPrevi°Usly'dep~Sited:Withthe;DiStrict:C°urt: :::
'i R~eationcentet : Administrat°r andthe final setqement0f'$1i7,:000::: :i: :i)i':'~..~i: -'}i~ -:i:.i::~; ~ii
23i0 Coulter BouleVard
Plmne:952.227.i400
: Faxi:95Z22?.V10,~ The Cit:Y'.~ attorne:y rcc°rnmcndS apPr0vat0fthis:agreement. :The totat se~lement
--:' :: :: .ise~,OO~i-~erthan"-eCi'-~'sCalq<:"d-'e-:~$:iz?~z:::"--qt~:,~ ungtl m ty created amag Sm tl:>,ooo;however; is
(7:;~#at~ral Resources
Phone: 952.227.1130
952.227.1110 - ': ;-::' : ' : :': : ~: :. ' :::
Attachment . · .... ~ ~ .. - :-: ........
[:%~::!:-1591PmR0ad :' c: 'TomSc°tt'carnpbellKnut~on ::: :- ::,:: :::-: :'-' .~-:' ,:'::i:::!:: :.:: :r"';':
i~:'?:Phonre: §52.227 A300 ~ : :
/} :'(Senio~center
..www, cj:chanhaSsen.mn, us . :'. . :;:.:.;::;~::-:: :::..~ : : ::: :: . . : : . :-.
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Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Ellio~t B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651 ) 452-5000
Fax (651 ) 452-5550
May 14, 2002
John F. Kelly
Matthew J. Foli
Soren M. Mattick
Marguerite M. McCarron
Gina M. Brandt
Ms. Teresa Burgess
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, Minnesota 55317
Re:
City of Chanhassen v. John Bernard Przymus, et al.
(Jay C. Dolejsi/Lundgren Bros. Construction - Parcel 2)
Dear Teresa:
Enclosed please find a copy of the Settlement Agreement relating to this matter which I
received back from Lundgren Bros.' attorney. I am also enclosing for your information a copy
of the May 10, 2002 letter from Attorney James Dorsey.
Our appraisal in this matter calculated damages at $115,000. We are agreeing to pay
$117,000 to settle the matter. Lundgren Bros. indicated their appraiser estimated damages at
approximately $130,000.
We recommend approval of the settlement. Please call if you have any questions.
Best regards,
Campbel! Knutson
Pr°fess~°fiat_i~°f_ .......
Thomas M. Scott
TMS:cjh
Enclosure
Center Curve ° Eagan, MN 55121
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Court File No. C2-01-798
VS.
Petitioner,
STIPULATION OF SETTLEMENT
AND DISBURSEMENTS OF FUNDS
John Bernard Przymus; et al.,
Respondents.
JAY C. DOLEJSI/LUNDGREN
BROS. CONSTRUCTION - PARCEL 2
The City of Chanhassen, Petitioner above named, by and through its undersigned
counsel, Respondent Lundgren Bros. Construction, Inc., by and through its undersigned counsel
and Respondent Jay C. Dolejsi, pro se, pursuant to Minnesota Statutes § 117.185, hereby
stipulate that they have negotiated a settlement for the acquisition of easements as defined in the
Amended Petition as Parcel No. 2.
Pursuant to the "quick take" condemnation process, on or about June 21, 2001, Petitioner
deposited with the District Court Administrator the sum of $104,000.00, the Petitioner's
approved appraised value for Parcel No. 2, which amount was subsequently disbursed to
Lundgren Bros. Construction, Inc. and Jay C. Dolejsi pursuant to the Court's Order dated
December 10, 2001. The parties hereto stipulate and agree that a total payment of $117,000.00
to Respondents Lundgren Bros. Construction, Inc. and Jay C. Dolejsi as set forth below for
Parcel No. 2 represents full and final payment for the acquisition by Petitioner of Parcel No. 2,
including reimbursement for appraisal fees, interest, costs and disbursements.
99980
Within ten (10) days of the City's approval of the settlement, the City will issue a check
in the amount of $13,000 payable jointly to "Lundgren Bros. Construction, Inc. and Jay C.
Dolejsi," which shall constitute full payment of the balance of the settlement amount. Said
check shall be mailed to John R. Dorsey, attorney of record for Lundgren Bros. Construction,
Inc. at Leonard, Street and Deinard, 150 South Fifth Street, Suite 2300, Minneapolis, Minnesota
55402,
The parties further stipulate that the City may file its Final Certificate with respect tO
Parcel No. 2, a copy of which is attached hereto as Exhibit A, and upon filing said Final
Certificate these proceedings with respect to Parcel No. 2 shall be concluded.
CAMPBELL KNUTSON
Professional Association
Dated: By:
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
ATTORNEYS FOR PETITIONER
CITY OF CHANHASSEN
Dated:
LEONARD, STREET AND DEINARD
Profession_al Association
' J,arh-;s R. D(~rsey, #23772' '
l~0 South Fifth Street, Suite 2300
f Minneapolis, Minnesota 55402
612-335-1631
ATTORNEYS FOR RESPONDENT
LUNDGREN BROS. CONSTRUCTION, INC.
Dated: ~-/-'2 ~.-c'~
Jay C. Dolejsi
Pro Se
EXHIBIT "A"
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Court File No. C2-01-798
Petitioner,
FINAL CERTIFICATE
VS.
John Bernard Przymus; et al.,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
*********************
FINAL CERTIFICATE
AS TO PARCEL NO. 2
LUNDGREN BROS. CONSTRUCTION, INC.
AND JAY C. DOLEJSI
By authority of Minnesota Statutes Section 117.201, I hereby certify that the rights herein
described have been taken by the City of Chanhassen in eminent domain proceedings in
conformity with the requirements of Chapter 117 of said statutes; that the Petitioner and
Respondents Lundgren Bros. Construction, Inc. and Jay C. Dolejsi, have negotiated a settlement
and have executed a Stipulation of Settlement and Disbursement of Funds determining full
99980
compensation for damages sustained by the Petitioner's taking; that all damages have been paid
by the City of Chanhassen; that said proceedings are now complete and that the City of
Chanhassen now holds an interest as set forth below over the lands situated in the County of
Carver, State of Minnesota and legally described on Exhibit A attached hereto and made a part
hereof by reference.
Dated: ., 2002.
CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER
AND/OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED
COPY OF THE SAME FOR FILING WITH THE RECORDS OF CARVER COUNTY,
MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE-DESCRIBED
REAL PROPERTY, IF ANY.
Dated: ,2002.
BY THE COURT:
Judge of District Court
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS:cjh
99980
"EXHIBIT A"
Parcel 2
A strip, 40 feet wide, for sanitary sewer easement purposes over, under and across the following
described property:
Outlot K, THE MEADOWS AT LONGACRES, Carver County, Minnesota
The centerline of said strip being described as follows:
Commencing at the south quarter comer of said Section 9; thence northerly along the north and
south quarter line of said Section 9 a distance of 1641.86 feet; thence southeasterly deflecting to
the right 101 degrees 34 minutes 16 seconds a distance of 305.00 feet; thence northeasterly
deflecting to the leR 65 degrees 45 minutes 04 seconds a distance of 338.76 feet; thence
northeasterly deflecting to the left 6 degrees 12 minutes 44 seconds a distance of 325.00 feet to
the beginning of the centerline to be described; thence southeasterly deflecting to the right 75
degrees 39 minutes 49 seconds a distance of 219.78 feet said centerline terminating.
Together with a strip, 60 feet wide, for sanitary sewer easement purposes over, under and across
the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence on a prolongation of the
last course a distance of 28.59 feet; thence southeasterly deflecting to the right 24 degrees 18
minutes 56 seconds a distance of 400.00 feet; thence southeasterly deflecting to the let~ 15
degrees 15 minutes 31 seconds a distance of 400.00 feet; thence southeasterly deflecting to the
lef~ 0 degrees 49 minutes 06 seconds a distance of 20.00 feet and there said centerline
terminating.
Together with a strip, 40 feet wide, for sanitary sewer easement purposes over, under and across
the above described property. The centerline of said strip being described as follows:
Beginning at the termination of the above described centerline; thence on a prolongation of the
last course a distance of 380.00 feet; thence southeasterly deflecting to the right 32 degrees 55
minutes 14 seconds a distance of 364.29 feet; thence southeasterly deflecting to the right 12
degrees 20 minutes 51 seconds a distance of 350.00 feet; thence southeasterly deflecting to the
left 50 degrees 05 minutes 37 seconds a distance of 250.00 feet; thence northeasterly deflecting
to the left 35 degrees 50 minutes 26 seconds a distance of 250.00 feet and there said centerline
terminating.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining each of the above two described 40 foot permanent easements.
Together with a strip 25 feet wide for temporary construction easement purposes, which lies
southerly of and adjoining the above described 60 foot permanent easement.
Said temporary easements to expire July 31, 2002.
99975
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
May 10, 2002
James R. Dorsey
612-335-1631
james.dorsey~leonard.com
Thomas M. Scott, Esq.
CAMPBELL KNUTS ON
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 5 5121
City of Chanhassen v. John Bernard Przymus, et al
Court File No. C2-01-798
Our File No. 16066-00587
Dear Tom:
Enclosed I am sending you for execution four original copies of Stipulation of Settlement and
Disbursement of Funds as to Parcel 2. Please execute each copy of the Stipulation, have the
original filed with the Court, and return to me a fully executed copy for my file.
Sorry for the delay in our getting this back to you. Lundgren said that the contractor had not
finished the tree work and wanted a confirmation from the City that he intended to finish it. The
City said the contractor intends to do the tree work remaining as soon as the soil drys.
Very truly yours,
L ~kRD, STREET AND DEINAt~
· Dorsey
I JRD//dj
fi4osure
SOUTH FIFTH STREET SUITE 23OO MINNEAPOLIS, MINNESOTA 55402 TEL 6z2-335-x$oo FAx 6~2-335-z657
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