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5. consider Settlement Agreement for Nez Perce Extension, Frank Beddor(612) 452 -5000 Fax(612)452 -5550 October 25, 1995 Andrea McDowell Poehler Matthew K. Brokl Marguerite M. McCarron George T. Stephenson ' Manager's Recommendation: Approval is Mr. Don Ashworth recommended. City Manager ' City of Chanhassen DWA (11 -7 -95) 690 Coulter Drive, Box 147 Chanhassen, MN 55317 Re: City of Chanhassen v. Frank Beddor, Jr., et al Our File No. 12668/310 ' Dear Don: Enclosed please find original Stipulation of Settlement and Order which has been signed by Frank and Marilyn Beddor. It is my understanding the consideration of the settlement will be an agenda item at the next City Council meeting. I have also received the signed original Temporary Construction Easement. If the Council approves the settlement, Mr. Beddor will then pay the $17,000 judgment that was previously entered, together with accumulated interest, and provide us with a title binder establishing marketable title to the street right -of -way area. The City will then receive a Warranty Deed conveying the street right -of -way within 60 days. Please call if you have any questions. 1 1 ' TMS:slc Enclosures I cc: Ms. Kate Aanenson Mr. Dave Hempel (Enclosures) n JCT2�1995 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Best regards, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Thomas M. Scott Suite 317 - Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 Thomas J. Campbell ' Roger N. Knutson Thomas M. Scott Gary G. Fuchs ' J ames R. Walston Elliott B. Knetsch (612) 452 -5000 Fax(612)452 -5550 October 25, 1995 Andrea McDowell Poehler Matthew K. Brokl Marguerite M. McCarron George T. Stephenson ' Manager's Recommendation: Approval is Mr. Don Ashworth recommended. City Manager ' City of Chanhassen DWA (11 -7 -95) 690 Coulter Drive, Box 147 Chanhassen, MN 55317 Re: City of Chanhassen v. Frank Beddor, Jr., et al Our File No. 12668/310 ' Dear Don: Enclosed please find original Stipulation of Settlement and Order which has been signed by Frank and Marilyn Beddor. It is my understanding the consideration of the settlement will be an agenda item at the next City Council meeting. I have also received the signed original Temporary Construction Easement. If the Council approves the settlement, Mr. Beddor will then pay the $17,000 judgment that was previously entered, together with accumulated interest, and provide us with a title binder establishing marketable title to the street right -of -way area. The City will then receive a Warranty Deed conveying the street right -of -way within 60 days. Please call if you have any questions. 1 1 ' TMS:slc Enclosures I cc: Ms. Kate Aanenson Mr. Dave Hempel (Enclosures) n JCT2�1995 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Best regards, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Thomas M. Scott Suite 317 - Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen, a Minnesota municipal corporation, Petitioner, vs. Court File No. C9 -93 -1111 STIPULATION OF SETTLEMENT AND ORDER Frank Beddor, Jr. and Marilyn A. Beddor, husband and wife, John Doe and Mary Roe, and County of Carver, Respondents. STIPULATION WHEREAS, the City of Chanhassen has initiated this condemnation proceedings to acquire certain property for street and other public purposes owned by Frank Beddor, Jr. and Marilyn A. Beddor (hereinafter "Beddor "); and WHEREAS, the parties desire to resolve certain issues relating to the acquisition of the street right -of -way and payment of the cost of a future street improvements. NOW, THEREFORE, the parties agree as follows: DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 2 /Condemnation 28841 C 1. A certified copy of this Stipulation and Order shall be recorded against the subject property in Carver County, Minnesota and legally described as follows: Lots 5, 6 and 7, VINELAND, according to the recorded plat thereof, Carver County, Minnesota, EXCEPT that part thereof described as follows, viz: Commencing on the southeast corner of said Lot 5; thence North 89 degrees 16 minutes 34 seconds West, assumed bearing, along the south line of said Lot 5 a distance of 168.62 feet to the actual point of beginning of the parcel being described; thence North 0 degrees 43 minutes 26 seconds East 32.25 feet; thence North 89 degrees 16 minutes 34 seconds West 179.00 feet; thence South 7 degrees 25 minutes 34 seconds East a distance of 32.57 feet, more or less, to a point on the south line of said Lot 5 (hereinafter referred to as "Point A "); thence Easterly along the south line of said Lot 5 to the point of beginning. Subject to an easement for ingress and egress and utility purposes, appurtenant to and for the benefit of the above described Exception, which said easement is described as all that part of said Lot 5, VINELAND, lying westerly of the following described line: beginning on the south line of said Lot 5 described above as "Point A "; thence on a line running North 7 degrees 25 minutes 34 seconds West a distance of 160 feet more or less, to its intersection with the westerly line of said Lot 5 and there terminating. (hereinafter "Subject Property "). 2. Upon execution of this Stipulation, Beddor shall pay to the City $17,000.00 cash, together with accumulated interest, in satisfaction of the judgment for costs entered in favor of the City in the matter of Frank Beddor, Jr. et al v. Citv of Chanhassen, et al, Carver County File No. C9 -93 -1111. 3. Within 60 days of the date of this Stipulation and Order, Beddor shall convey to the City of Chanhassen by Warranty Deed fee title to the following described property referred to as the Nez Perce street right -of -way property: 1 28841 -2- See attached Exhibit "A". I Beddor shall provide the City with a title commitment establishing marketable title to ' the street right -of -way property. Beddor shall grant the City a temporary construction and grading easement ' P Y g g , a copy of which is attached hereto as Exhibit "B" and a twenty (20) foot easement for ' storm sewer purposes from the street right -of -way in the vicinity of the intersection of ' Nez Perce and Peaceful Lane to the pond on Lot 5. The exact location shall be determined at the time the plans and specifications for the street are prepared. ' 4. No building permit will be issued or subdivision application accepted by , the City for any portion of the property prior to September 1, 1998, except that this ' provision shall not preclude the issuance of a building permit for one single - family residence on Vineland Lot 5. 5. The City will not construct the street within the conveyed street right -of- I way prior to September 1, 1998. 6. The Subject Property shall be assessed for initial street construction. The City shall credit the money paid by Beddor pursuant to paragraph 2 herein and the $10,000 escrowed by Beddor with the City as part of the Troendle Addition Plat together with seven percent (7%) interest per year on the funds from the date of receipt by the City to payment of the special assessment. The amount of the special assessment to the Subject Property shall equal the amount of the credit. 28841 -3- 1 1 Beddor waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. Beddor waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 7. The assessment agreement in paragraph 6 shall only apply if Vineland Lot 5 is developed with one lot north of the proposed extended Nez Perce Drive and Vineland Lots 6 and 7 are developed by private driveway(s) access from presently- existing streets. 8. This Stipulation shall run with the land and bind Beddor's heirs, successors and assigns. 9. This matter shall be dismissed with prejudice and without costs to either party. CITY OF CHANHASSEN WA Donald J. Chmiel, Mayor AND Don Ashworth, City Manager 28841 IIm Fr Beddor, Jr. Marilyn . Beddor The above Stipulation is hereby incorporated as the Order of this Court. Dated: BY THE COURT: Judge of District Court 28841 -5- r 0 u A 50.00 foot strip of land over and across Lot 5, VINELAND, according to the recorded plat thereof Carver County, Minnesota, the centerline of said strip is described as follows: Commencing at the northeast corner of Lot 5; thence South 00 degrees 24 minutes 03 seconds East, on an assumed bearing, along the east line of Lot 5, a distance of 380.86 feet to the point of beginning of the centerline to be described; thence westerly, a distance of 29.21 feet along a non - tangential curve concave to the south, said curve having a radius of 198.13 feet, a central angle of 08 degrees 26 minutes 53 seconds and a chord bearing of North 71 degrees 56 minutes 25 seconds West; thence North 76 degrees 09 minutes 51 seconds West tangent to last described curve, a distance of 170.81 feet; thence northwesterly, a distance of 124.92 feet, along a tangential curve concave to the northeast, said curve having a central angle of 39 degrees 52 minutes 43 seconds and a radius of 179.48 feet to a point hereinafter referred to as "Point A"; thence continue northwesterly and northerly along the last described curve a distance of 124.92 feet and said centerline there terminating. Also together with a 50.00 foot strip of land over and across said Lot 5, ' VINELAND, the centerline of said strip is described as follows: Beginning at the above described "Point A "; thence South 53 degrees 42 ' minutes 49 seconds West, a distance of 100.00 feet and said centerline there terminating. n L 1 28841 EXHIBIT "A" TO STIPULATION OF SETTLEMENT AND ORDER Legal Description: