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1g Easements BC 7 & BC 8 01/22/02 16'21 FAX 651 452 5350 CAMPBELL KNI_~SON ~ool -I-~om~ ]- Cam?bdl Ko~r N. Knun~on Thomas M- Sco~ Etliot~ B- ~e~ch Joel ], Jmnik Andrea Me.well Po~tet Ma~thew K. Brokt* CAMPBELL KNUTSON Professional Association . Attorneys at Law (651) 452-5000 Fax (651) 452-5550 FAX COVER SHEET John F. Kdl¥ Matthew J. Foil Soren M, Matdck Marguerite M. McCarron Oina M. Branelt PLEASE DELIVER THE FOLLOWING PAGE(S) TO' · FAX #: (651) 452-5550 (INCLUDING COVER PAGE) IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL AT (651) 452-5000. I-! ORIGINAL TO FOLLOW BY MAIL. NOTICE OF CONFIDENTIALITY 'l-~e information contained in and transmitted with this facsimile is: I. SUBJECTTO THE ATTORNEY-CLIENT PRIVILEGE: 2. ATTORNEY WORK PRODUCT; OR 3, CONFIDENTIAL, It is intended only for the indivldua[ or entity designated above. You are hereby notifie,d that .any dissemination, distdbutJon, c~pying or use o~ or reliance upon the information contained in or transmltted with this facsimile by or to anyone other than the recipient designated above by the sender ls unauthorized and strictly prohibited. If you have received this facsimile in error, please notify CAMPBELL KNUTSON BY TELEPHONE AT (651) 452-5000 IMMEDIATELY. Any fac~im~e erroneously transmitted to you should be immediately returned to the sender by U,S. Mall or, if authorization is granted by sender, destroyed, Suite 317 * Eagandale Office Center -' 1386 Corporate Center Curve ' Eagan, MN 55121 ! 01/22/02 16:ri FAX 651 4§2 5550 MINNESOTA Cfi 2..610 Unlvem-~ ~ Saint Paul, Minne Telephone~' 651 8 Telephone: 1 SS~ Fox: 65! 647 571; E-mail= info@mini v~rw_minn~r~ac MINNESOTA C( South Region 01': 725 Front Street Manketo, Telephone/Fax~ MINNESOTA We~t Region 107 Southea$1 Little Fei'Is, Nllnnl Telephone/Fez:: MINNESOTA CI East Re~jlon P.O. Box 103 Lake City, Mlnne MINNESOTA CI North Region O~ 532 Northeasl S G~and Rapids. N Telephone: 218 Fax: 218 326 86 MINNESOTA C 37508 B~ewaba Grand Rapids, camp Ojlkeza 27500 Kirby Avl Chisago CRy. MI Camp 'l'anadoor 33oo Tana~oon E~ceLslor. Mlnn Camp T~nawah Rural Route 2 St-. Peter, Minn; INCIL ~nue Wes~ ora 55114-1090 ~7 4407 135 8T/8 ~sotacounm-l.org un~ll.org INCIL ;e ,tn ~;6001 D7 387 1340 LINCIL ,e ;end .~.ree~ Box 103 ~.o f.~ 563~,5 20 632 3537 INCIL eta $5o~,1 UNClL Avenue g$7¢4 5921 IUNCIL CAMPS Road nnesota 55744 ue ne<~d~ 55013 i Driv~ ;ora 56082 CA~fPBELL KNUTSON -- . 1~002 January l g, 2002 Matthew Foli Campbell Knutson Eagandale Office Center, Suite 317 1380 Corporate Center Curve Eagan, MN 55121 Dear Mr. Foley, Enclosed please find the signed original agreement relating to the Camp Tanadoona "quick-take" procedure. As the Executive Director of Camp Fire USA Minnesota Council, I am authorized by the board of directors to bind the council to this agreement. If you have further questions about this matter, or would like additional information, please don't hesitate to call me at 651-632-9198. Sincerely, Andrea Platt Dwyer Executive Director 01/22/02 16:22 FAX 651 452 5550 CAMPBELL KNU'I'SON t¢_l. 003 SETTLEh~NT AGREEMENT This SETI'LEMENT AGKEE~ ("Agreement"), effective the__ day of ,2002, by and between the City of Chanhassen, a Minnesota murficipal corporation (hereinafter referred to a "Petitioner") and Camp Fire USA Minnesota Council, a Minnesota nonprofit corporation, formerly known as Minn~pol/s Council of Camp Fire C_rirls ("Respondent"), Recitals WHEREAS, Petitioner iv a Minnesota municipal corporation', and WHE~AS, Kespondent, a nonprofit corporation, owns real property situated in the County of Carver, State of Minnesota, legally described on the attached Exhibit "A" (the "Subject Propcm)"'); and WI~REAS, in connection with Chanhassen City Project No, 00-01~ on or about May 23, 2001, Petitioner commenced an eminent doma~ proceeding against Kesl~ndent in Carver County District Court, Court File No. C2-01-798; and WHEKEAS, the parties have reached a settlement and w/sh to memori~ll~e the terms thereof, NOW, Ttt'E~ORE, THE PARTIES AGREE AS FOLLOWS: 1. Recitals Incorporated. The reeital~ and prefatory phrases and para~;raphs set forth above are incorporated in full into this Agreement. 2. Payment of Damages. As and for Petitioner's acquisition of the permanent easement and temporary easement over a portion of the Subject Property, and as and for all other damages to the Subject Property caused by Petitioner, Petitioner shall pay Respondeut $23,748,53, 3. Tree P~lanting:_Si.~na~e. Petitioner will plant $24,000 worth of trees chosen by Kespondent from the list attached as Exhibit '~B" in locations at Camp Tanadoona as determined 2 FAX 651 452 5550 CAMPBELL KNUTSON [~004 01/22/02 16 by Res locatic on Cit locati~ comp~ iden~ the Di Pefitic until Disch legal exe¢~ ,ondent. Planting will take place in spring 2002 and Petitioner's engineer and ring consultant will be available to work with Camp personnel to mark exact planting xs at that time. Petitioner will allow Respondent in the Spring of 2002 to place permanent camp signage '-owned land north of the relocated Tanadoona Drive/Highway 41 intersection, in a a and size mutually agreeable to the parties. 4. Release. Respondent, for itself, its heirs and assigns, releases and forever ge$ Petitioner and its council, agents and employees from any and all claims for lsafion and damages relating to City Project No. 00-01 and the related eminent domain ting, Carver County Court File No. C2-01-798. 5, Final Certificate. The parties fmther stipulate that, upon payment of the damages -- . Led in Paragraph 2, the City may file its Final Certificate, attached hereto as Exhibit "C", with ,trict Court Administrator. After approval of the Final Certificate by the District Court, aer shall file with the Carver County RegisWar of Titles a certified copy of the Final 6. Discb.a. rge of Notice of'Lis Pendens. Respondent agrees that Petitioner may wait tis eminent domain proceeding is resolved in full with all respondents before filing a - ~rge of the Notice of Lis Pendens or Amended Notice of Lis Pendens, as the case may be. 7. Costs and Atlorne¥ Fees. Each party hereto shall be solely responsible for its own :xpenses in connection with this eminent domain proceeding, including the negotiation, :ion and performance of this Agreement 01)'22/02 16'22 FAX 651 452 5550 CAMPBELL KNUTSON ~005 8. Enti .~ Ag~em .en_t. This document ~on~fitutes the entke ~,~teement between the parties. There were no inducements or representations leading to the execution of tiffs Agreement, except as otherwise described in this Agreement. 9. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws ofthe State of Minnesota. 10. .Counterp. art~. This Agreement may be executed in one or more counterparts or by faesim_ile, each of which shall be deemed an original, and all of which together shall constitute one and the same instnmaent. Execution The par'des hereto have caused this Agreement to be duly executed as of the date first writmn above, CITY OF CHANHASSEN By:. Linch C. Jansen Its Mayor By: Todd Gerhardt, Its City Manager CA_M1~ FIRE USA MINNESOTA COUNCIL Andrea Platt Dwyer, Exec~ve Director 01/22/02 16 one, nor~ to ]~ ~h¢ Cox of.' SW ~2 FAX 651 452 5550 CAMPBELL KNUTSON 006 mt pa~ ofLe~ N~ue (9) i~ S~don eight ($) ~d ~o ~ ~ of~e $ou~~ ;ct (SWI/4) of~ ~o~~ q'~ ~y4) off.ion ~c (9). ~I in To~p ~~ S~~ (11 ~, of~~ ~W ~ (~) l~g ~ ~ No~ ~d ~t of a t~cm~d ~ follows: ~~~c~ ~ ~e So~t ~er of~c gou~we~t queer 1/4) of~e ~o~~ ~er ~14) of ~w~t~Iy on a ~~t line ~ ~r ~c p~e fen~ on s~d ~t :0~ ~y of~h 1920. ~ Book 28 ofD~ ~ ~ 573, hat part of thc So,,~hwe~t S~ou 9, To~ip 116, ~gc 2~ l~g w~t~y ~c c~t~Hn~ ofS~e T~~ ~y ~o, 41, ~ now l~d ~e~ ~ce~ ~t 2 ~ a~ ~ccl ~n~d ~ fo~o~t :~paxt of thc SW ¼ of the NB ~ of Section 9, Towmhip 1161N'orth, Range 23 Wesx of i~ Principal Meridian descn~ as follows: ~nencing at the point of ~ter~c~on of thc South linc of the ~ ~ of said Section . the ccnt~rlin¢ of State I-[ighway lqo. 41 as now laid out, thence lqorthe~-tcrly 1278 along said c~nterli~¢ to thc point ofbeginn~g ofthe tm'operty being dcscn-bcd; ;e defle~ting to the left 90 degrees to the Sou~ line ortho North 100 feet ofs~id SW [th~ NE '/,; thence West along s~id South line of~e lqorth 100 feet to ~¢ West line fid SW ¼ ofthe life ¼; thence North ~Iong said Wes~ l~n¢ t0 ~¢ lqofff, h lin~ 0f said V, of the l'/B ¼; thence Ba~t along said North lin~ to said eentexIin¢; thence ahwestcrly along said centerlime to thc point of beginning EXMIBIT "A" 01/22/02 16'23 A 6 452 , 0 CA SON ~]007 ;/,/~LTERNATE.___ ~2 ~ ~ ~ ~:~ D~~O~ ~. Q~. ~ ~T ~~ TOT~ 16 17 lg 19 5 Y_.ada I"] ~, gc~ , _ 20 S Ea~ 21 12 ~ 23 2 ~ac~a 24 5 ~..azl~ 25 5 ~ 26 5 Each i r] -- Rev. 4.11431 PF 12 ~f 15 EXHIBIT 16 ~3 FAX 6~1 4§2 ~0 CAMPBELL KNI~SON ~008 011~t02 STA~ COU] Cityf -munl~ vs- John ~2 OF MINNESOTA TY OF CARVER 'Chanhassen, a Minnesota tpal corporation, Petitioner, .ernard Przymus; et al., Respondents. DISTRICT COURT FIRST IUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. C2-01-798 IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND FOR PUBLIC PURPOSES FINAL CERTIFICATE By authority of Minnesota Statutes Section 117.201, I hereby cetti~ that the rights herein de. sc ~ed have been taken by the City of Chanhassen in eminent domain proceedings in · con~rmity with the requirements of Chapter 117 of satd statutes; that the Petmoner and Res!ondent Minneapolis Council of Camp Fire Girls hav~negotiated a settlement determining full bmpensafion for damages sustained by the Petitioner s taking; that all damages have been paid by the City of Chanhassen; that said proceedings ~re now complete and that the City of Ch~ ~hassen now holds an interest over the lands situated in the County of Carver, State of Mh aesota as legally described on Exl-n'bit A attached hereto and made a part hereof by reference. 1 EXHIBIT FINAL CERTIFICATE (Parcel 8) 16'23 FAX 651 452 5550 ~A~FD~LL A~U'I'~U~ ~ uuu 2002, Dated: ~ CAMPBELL KNUTSON Professional Axxociation ByL . Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 45:~-500o THE ABOVE CERTIFICATE IS HEI~BY APPROVED AND THE CARVER COUNTY RECORDER IS HEREBY ORDERED TO ACCEPT A CERTIFIED COPY OF THE SAME FOR FILING. 2002. Dated: , BY THE COUKT: Judge of District Court THIS iNSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON (TMS) Profexsional Association Suite 317 13 $ 0 Corporate Center Curve Eagan, Minnesota 55121 01/22/'02 16 A stri follo~ (sw1 Sixte~ follo~ Nort~ stra~g on S~ ¢ont~ to ~a of~e page: S~ 41, ~ 90 said alon line The 23 FAX 651 452 5550 CA~iPBELL KNUTSON ~ 01o EXHIBIT "A" TO FINAL CERTIFICATE ,60 feet wide, for permanent street and ~fility purposes, over, under and across the hag described property: .t part of Lot Nine (9) in Section eight (8) and also that part of the Southwest qumer 4) of the Northwest Quarter (NWl/4) of Section Nine (9), all in Township one hundred a (.116), of Range twenty three (23) lying to the North and East of a line described as s: Commencing at the Southeast Comer of the Southwest quarter (SW1/4) of the vest Quarter (NWl/4) of said Section Nine (9), extending thence northwesterly on a Lt line as surveyed by Egan Field and Nowak, to the Southeast comer of the pasture fence Lot Nine (9); thence along the line of said pasture fence to Lake Minnewashta, aing sixty-two acres, more or less together with the right of way and easements pertaining land hereby conveyed by the Grantors deed to Edward C. Cammon recorded in the office Register of Deeds of said County on the 20~ day of March 1920, in Book 28 of Deeds on ',73. ~t part of the Southwest ¢ of the Northeast M and the Southeast ¼ of the Northwest ¼ of n 9, Township 116, Range 23 lying westerly of the centerline of State Trtmk Highway No. now laid out (formerly Tnmk Highway No. 12), Carver County, Minnesota; except that 2 parcel described as follows: lart of the SW ~ of the NE ¼ of Section 9, Township 116 North, Range 23 West of the 5th )al Meridian described as follows: aericing at'the point of intersection of the South line of the NW ~ of said Section with the of State Highway No, 41 as now laid out, thence Northeasterly 1278 feet along said to the point of beginning of the property being descffbed; thence deflecting to the left to the South line ofthe North 100 feet ofsaid SW ~ ofthe NE ¼; thence West along ,outh line of the North 100 feet to the West line of said SW ¢ of the NE ~; thence North said West line to the North line of said SW g of the NE ¢; thence East along sa/d North said centerline; thence Southwesterly along said centerline to the point of beginning. of said strip is described as follows: at the southeast comer of the Southwest Quarter of the Northwest Quarter of said 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the extension of the north line of the Northeast Quarter of the Southwest Quarter of said 9 a distance of 1232.82 feet; thence southwesterly deflecting to the lef~ 90 degrees 00 00 seconds'a distance of 30.00 feet to the point of beginning of'the centerline to be thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance 01/22/02 16'24 FAX 6S1 4~2 ~B~0 CAMPBELL KNLWSON ~Oll of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said nort]x line ofthe No~he~st Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distmace of 507,45 feet; thc-ace southeasterly along a tangential curve concave to the southwest, having a radius of 327.00 feet, a central angle of 40 degrees 26 minutes 17 seconds, a distance of 230.79 feet; thence southeasterly tangent to said curve a distmace of 124.32 feet and there said certterline terminates. Together with a strip 20 feet wide, for temporary construction easement purposes, which lies northerly of and adjoining the above-descndbed road. Said temporary easement is to expire July 31, 2002.