1n. Approve Settlement agreement with Roger and Gay Schmidt, Galpin Blvd Realignment, Project 93-26C
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
Re: City of Chanhassen vs. Schmidt, et al.
Galpin Boulevard Realignment
Improvement Project 93 -26
Dear Mr. Ashworth:
Andrea McDowell Poehler
Matthew K. Brokl
Marguerite M. McCarron
George T. Stephenson
We have recently negotiated a settlement of the above - entitled matter with
Roger and Gay Schmidt. As background, Mr. and Mrs. Schmidt own property
located at 8301 Galpin Boulevard. In December, 1993 as part of the Upper Bluff
Creek Phase II utilities project, Harvey Swenson prepared an appraisal of the .52 acre
strip of property to be acquired by the City by way of a permanent easement. Mr.
Swenson's appraisal estimated that the total loss in value or damages was $10,400 for
the value of the land and $10,800 for the value of the loss of trees. At that time, we
obtained a Waiver of Trespass /Right of Entry form from Roger and Gay Schmidt and
in January, 1994 tendered to Mr. and Mrs. Schmidt the amount of $21,200 as
payment of the appraised damages as determined by the City's appraiser.
At its regular meeting on December 12, 1994, the City Council approved a
resolution authorizing the acquisition of easements for the Galpin Boulevard
realignment project. This project included acquiring a permanent easement over
property owned by Roger and Gay Schmidt. We were unable to negotiate a
settlement with the Schmidts and in June 1995, the condemnation proceeding was
commenced for the Galpin Boulevard realignment project.
We have recently reached a settlement with the Schmidts, through their attorney
Leland Frankman. The Schmidts have agreed to accept an additional $1,500.00 to
settle this matter. Attached is the Stipulation of Settlement signed by the Schmidts
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Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 5g91 2 0 1995
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(612) 452 -5000
Fax(612)452 -5550
October 19, 1995
Mr. Don Ashworth
October 19, 1995
Page 2
I would appreciate your placing this matter on the next council agenda and, if
approved, issue a check in the amount of $1,500.00 to Roger and Gay Schmidt and
their attorney, Leland Frankman.
If you have any questions regarding this matter, please give me a call.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS. P.A.
GGF:cjh
Enclosure
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STATE OF
MINNESOTA
DISTRICT COURT
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COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: 2 /Condemnation
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Court File No. C2 -95 -614
City of Chanhassen, a Minnesota
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municipal corporation,
Petitioner,
vs.
STIPULATION OF SETTLEMENT
Larry Van De Veire; Elizabeth M.
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Randolph; Betty O'ShauQhnessy;
The Minnesota Valley Electric
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Cooperative; Roger Schmidt a /k /a
Roger A. Schmidt; Gay Schmidt
a /k /a Gayleen M. Schmidt; Minnegasco,
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a division of Arkla, Inc., a Delaware
corporation; Mitchel H. Krause;
Mary K. Krause; Republic Bank;
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James L. Leirdahl; Linda J. Leirdahl;
Chemical Mortgage Company; County of
Carver; and John Doe and Mary Roe,
Respondents.
- - - - - - - -- - - - - --
Roger Schmidt a /k /a Roger A. Schmidt and
Gay Schmidt a /k /a Gayleen iM.
Schmidt, Respondents in the above - entitled proceeding, hereby stipulate and agree that
their claim for compensation resulting from the taking of a permanent easement, has
been fully settled, resolved and paid, in full, and that, with respect to their property,
these proceedings are now complete and the City of Chanhassen is entitled to file its
Final Certificate herein.
Dated:' & , 1995
Rog limidt ;?
Ga Schmidt
29530