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1f. Approval of Settlement Agreement with T.F. James CompanyCITY OF V � CHANHASSEN i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Todd Gerhardt, Assistant City Manager DATE: September 19, 1994 SUBJ: Approval of Settlement Agreement, T.F. James Company Attached for the city council's consideration is Company regarding the West 78th Street realig or make any representations that deviate from;,+ James did receive certain approvals with his,p to comply with all city ordinances as he prv'e4 It is the City Attorney's and staff's recommenc advise the city council to approve the Settleme ATTACHMENT 1. Settlement UPDATE Action by City Adnfl Wrbt6T Endors W Modifi e Data. Date Submitted to CommWW Date Submitted to CoWd ttlement Agreement with T.F. James project. This agreement does not grant icesses, but only acknowledges that Mr. development and that he will also have i,the rest of his development. the proposal is reasonable and would At our last meeting, .,the city council tabled this item and asked staff to' include .the Settlement Agreement between the HRA and T.F. James Company (see Attachment #2)r The inclusion of this item does not represent an `endorsement or denial of ,F he. QA's action. AGREEMENT THIS AGREEMENT is made and entered into this day of , ' 1994, by and between the City of Chanhassen (hereinafter "the City ") and T. F. James Company, an Iowa corporation (hereinafter "James "). ' RECITALS I A. In 1992 the City initiated plans for Improvcmeut Project 92 -3, a project ' that involved the reconstruction and realignment of a portion of West 78th Street in downtown Chanhassen. As part of that project, the City authorized condemnation of certain parcels of undeveloped property owned and previously platted by James. ' B. Pursuant to an Agreement dated May 14, 1993 (hereinafter "the '93 Agreement "), the City and James agreed that the interests and parcels identified in the '93 Agreement which were to be the subject of a condemnation proceeding would be ' transferred to the HRA in return for the payment to James by the H17A. of an amount equal to the City's appraisal of compensation due to James for condemnation of those interests. The parties further agreed that they would continue to negotiate final ' resolution of the acquisition and compensation issues. A true and correct copy of the q P ' 193 Agreement is marked as Exhibit A and is attached hereto. ' C. The reconstruction and realignment of West 78th Street, as it affected the property owned by James, included fee title acquisition of most of Lot One (1), Block Two (2), 'West Village Heights Second Addition and permanent easement acquisitions over parts of Outlot A and Lot One (1), Block Two (2) and Lots One (1) through Four (4), Block One (1), all owned by James and all located in West Village Heights 17479 029 Second Addition. D. James had previously platted those parcels in West Village Heights Second Addition as part art of the platting and subdivision process, and pursuant to a ' Developer's Agreement duly executed by the City and Jaynes, had dedicated a strip of ' land to the City for the future realignment of West 78th Street. , E. In its efforts to develop commercial uses on the platted property, James had undertaken soil correction efforts and had established soil elevations on the ' property in anticipation of the realignment of West 78th Street along the route dedicated to the City by James. ' P'. As part of its efforts to establish commercial uses on the property, James had received approval from the City for a retail shopping center with retail gasoline , sales use on one of the parcels affected by Improvement Project 92 -3. James incurred expenses related to the architectural and engineering plans for said center. G. As part of its Improvement rovement Project 92 -3, the realignment of West 78th Street follows an alignment that is different than that alignment dedicated to the City by James in the platting and subdivision of West Village heights Second Addition. ' As part of the new West 78th Street realignment, the City vacated a portion of the platted West 78th Street p revioilsly dedicated by James. Upon vacation by the City, fee title in that parcel reverted to James, and James has taken into consideration the value of that land in accepting this settlement. H. As a result of the realignment of West 78th Street and the vacation of a portion of the previously dedicated and platted land, some of the previously platted ' lots in West Village Heights Second Addition do not have frontage on -a traveled 17479 -2_ n roadway even though they had frontage on previously platted West 78th Street. 1. Replatting of a portion of West Village Heights Second ,Addition would be appropriate to correct many newly created frontage, access and tax parcel issues. J. Also, as a result of the realignment of West 78th Street, the elevation of the new road and the elevation of the remaining parcels owned by James was such that ' substantial earth work was necessary on some of the remaining James property. ' K. The City and James have negotiated various issues over the past year and wish to finally resolve all remaining issues, including those raised by the matters set forth above. ' NOW, THEREFORE, in consideration of the mutual terms, covenants and ' conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Chanhassen and T. F. James Company agree as follows: 1. The City acknowledges that James load previously received City approval ' for a retail gasoline sales use on Lot One (1), Block Two (2), West Village Heights Second Addition. The City agrees to take that previous approval into consideration if, ' in the future James seeks approval of a similar use on another parcel in West Village PP p Heights Second Addition. The'parties hereto acknowledge that the City may make no ' representation or give no assurances that it will approve any such request by James for gasoline sales use in that area. 2. The City will participate in the replat of Lots One (1) through. Four (4), Block One (1), West Village Heights Second ,Addition and the vacated portion of West 78th Street and the remnant of Lot One (1), Block Two (2), West Village Heights 17479 -3- Second Addition. The City agrees to endeavor to accomplish the replat in the most expeditious manner available under current City ordinances governing subdivision and platting. No additional park, trail, or other fees shall be payable by virtue of this replat. To accomplish the replat, James, at its own cost and expense, shall provide the City with the information necessary to accomplish the replatting, including drawings and legal descriptions prepared by a registered land surveyor and conforming to the requirements of the current City ordinances governing subdivision and platting of property. Upon receipt of the required information, the City shall consider the replat in the most expeditious manner possible under current City ordinances. 3. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Minnesota and shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. T. F. JAMES COMPANY By: Charles Wm. James Its Vice President CITY OF CHANHA.SSEN By: Donald J. Chmiel Its Mayor By: Don Ashworth Its City Manager 17479 -4- 1111 ny LL W VL1 �v AGREEMENT , .F ' I.( l '. This Agreement made and entered into this !' day of MAY , 1993, by and between the City of Chanhassen and T.F. James Company (hereinafter referred to as "Owner "), ' AITNESSETH: ' The City is proposing the construction of Improvement Project No. 92 -3, which involves the reconstruction of West 78th Street. The City intends, through its condemnation authority, to acquire various property interests from the Owner over portions ' of the Owner's property described as follows: see Exhibit "A" attached In the spirit of cooperation between the parties, with the intent of expediting the construction of the project, the City has requested and the Owner has agreed to convey to the City the property interests described on the attached Exhibit A. The City has agreed to continue to negotiate with the owner to reach final agreement on the total compensation to be paid to the owner for the interests conveyed herein. NoW, THEREFORE, the undersigned, as Owner of the above ' described property, in partial consideration of monies to be received and other valuable consideration, hereby grants unto the City of Chanhassen and its agents, the property interests as described on Exhibit A, prior to final negotiation of the amount to be paid for the acquisition of the interests described on Exhibit A. The undersigned does not waive any claims it may have arising out of the above - mentioned negotiations and reserves any ' and all claims it may have against the City arising out of the City's use and occupancy of parcels described on Exhibit A. It is agreed that in consideration for the Owner's execution ' of this Agreement, the City will pay to the Owner its approved appraised value which would have been required to be paid to the Owner under Minnesota's "quick take" law which is set forth at ' M.S.A. 117.042. This approved appraised value will be given by check to the Owner on the date hereof. The Owner and the City will continue to negotiate the total compensation to be paid to ' the Owner for the interests conveyed herein Further, is agreed that the Owner, at its election, may notify the City that it no longer wishes to negotiate the damages to be paid as a consequence of this acquisition and that thirty (30) days from the date that said notification is given to the City, in writing, the City shall file its Petition in Condemnation pursuant to Chapter 117 of Minnesota Statutes for the purposes of determining ' the damages as is provided-by that Statute. Final documents, in recordable form, will be executed by the Owner upon completion of the negotiations of total compensation. if final compensation is not negotiated between the parties, the condemnation proceeding that follows shall constitute the final conveyance documents. EXHIBIT - A IJ It is further agreed that the City intends to vacate a 78th Street as dedicated in the plat of portion of future West WEST VILLAGE HEIGHTS 2ND ADDITION, that portion to be vacated is substantially as described in the proposed City resolution which is attached hereto as Exhibit B. For purposes of the potential condemnation proceeding "date of taking" shall be the date of the , anticipated herein, the execution of this document by T.F. James Company. ' In witness whereof, the parties hereto have executed this Easement Agreement the day and year first above written. , g Dated: l � , 1993 T.F. JAMES COMPANY Its 1 STATE OF MINNESOTA ) ss. COUNTY OF EAZ ) The foregoing instrument was acknowledged before me this th t day of e 1993, by ' f T.F. James Company, on behalf of said company. Notary Public EciELAINE C. ENGELS NOTARY PUBW — L4WHESOTA THIS INSTRUMENT WAS DRAFTED BY: HENNFFIN COUNTY CanrdcskXi ELK tops ' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale office Center 1380 Corporate Center Curve ' Eagan, MN 55121 Telephone: (612) 452 -5000 GGF ' EXHIBIT A T O AGREEMENT BETWEEN THE CITY OF CH3aMSSEN AND T.F. JAMES COMPANY DATED MAY 14,, 1993 I. Permanent easements for roadway, utility and trailway purposes over, under, across and through the following described ' parcels: PARCEL 3 ' Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. and That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, which lies within 70 feet either side ' of the following described line and its extensions: Commencing at the northwest corner of said Lot 1; thence ' South 0 degrees 14 minutes o8 seconds West, assumed bearing, al=-ng the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a ' radius of 924.35 feet to the northeasterly line of said Lot 1 and said described line there terminating. ' PAR The West 13.0 feet of Lot 1, Block 1 1 , WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most westerly line of said Lot 1 and its Southerly prolongation. PARCEL 7 That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, lying southerly of the following ' described line and its extensions: Beginning at the intersection of line run parallel with and distant 50.0 feet northerly from the south line of the Southwest Quarter of Section 11, Township 116, Range 23, Carver County, Minnesota with the east line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds West, assumed bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feet along a tangential curve concave to the north having a radius of 11409.16 feet and a central angle of 0 degrees 53 minutes 06 seconds; thence North 88 degrees 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 652.86 feet to the southwesterly line of said Lot 4 and there terminating. . 1 II. Fee Title to the following described parcel: PAR. L 4 That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 21iD ADDITION, Carver County, Minnesota which lies southwesterly of a line run parallel with and distant 70 feet southwesterly from a line , described as follows; Commencing at the northwest corner of said Lot 1, thence 08 seconds West, assumed bearing, South 0 degrees 14 minutes along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence south 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential ' curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 26 34 seconds East, seconds; thence South 64 degrees minutes tangent to said curve, 181.90 feet and said described line there terminating. Il i. I Temporary construction easements for construction purposes over, under, across and through the following described parcels: PA�2CEL 6A A temporary easement for construction purposes over, under, feet across and through the East 10.0 feet of the West 23.0 of 195.0 feet Of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND the North ADDITION Carver county, ?Minnesota. said temporary easement to expire December 31, 1994. PARCEL 7A A temporary easement for construction purposes over, under, , across and through part of the following described property: Lot 4, Block 1, WEST V ILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota i Said temporary easement being the South 20.0 feet of the East 590.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 10.0 feet of the South 30.0 feet of the West 30.0 feet of the East 55.0 feet of said Lot 4. ' Together with a temporary easement for construction purposes the over, under, across and through the North 30.0 feet of South 50.0 feet of the West 50.0 feet of the East 270.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through the North 10.0 feet of the South ' 30.0 feet of the West 45.0 feet of the East 435.0 feet of said Lot 4. ' Together with a temporary easement for construction purposes over, under, across and through the North 30.0 feet of the South 50.0 feet of the West 45.0 feet of the East 540.0 feet of said Lot 4. Together with a temporary easement for construction purposes over, under, across and through that part of the southerly and southwesterly 35.0 feet of said Lot 4 lying westerly of the East 590.0 feet thereof. ' Together with a temporary easement for construction purposes over, under, across and through the North 20.0 feet of the South 55.0 feet of the West 55.0 feet of the East 710.0 feet of said Lot 4. Said temporary easements to expire December 31, 1994. u 1 t 1 0 9.16.94 15:53 $612 452 5550 CAMPBELL n171 SON -).4 -* CHANT. CITY HALL Uk;TWEEN THE (:I'1'X Uk' LHANHA5,'ZN AINU T.1 .,ru�L., �.v,-,a►.vi DATED MAY T , 1993 X1029 %029 C ITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date Resolution motion By ��. Seconded By RESOLUTION VACATING A PORTION OF WEST 78TH STREET IN CONNECTION WITH PROaBCT NO. 92 -3 That part of West 78th Street, as dedicated with the plat of WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, except the west 13 feet thereof; Whi ^h lies northeasterly of a line run parallel with and distant 70 feet northeasterly from the following described line and its extensions: Commencing at the northwest corner of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota; thence South 0° 14' 08" West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77° 49' 24" East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a. central angle of 13 22' 50 "; thence South 64° 26' 34" Last, tangent to said. curve, 181.90 feet and said described line there terminating. wNEREAs, pursuant to Minnesota Statutes § 412.851, the Chanhassen City Council has conducted a public hearing preceded by two (2) weeks published and posted notice to consider vacating that portion of West 78th Street described as follows: and WHEREAS, it appears that there is no public interest to be served by the continued public ownership of that portion of the above described street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: I. That portion of West 78th Street described above is hereby vacated. 2. The city Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Carver County, Minnesota. I I � L J r] . I a;a�r,�a,�t��r►�� I ®7;>o1414 117m0 1 ;rk;1`!�A■ *7:41 11�JL114� ADOPTED this day of Council of the City of Chanhassen. ATTEST: Don Ashworth, Clerk /Manager , 1993, by the City Donald 3. Chmiel, Mayor OFFI OF C OUNTY R EC OR DER STATE F MINNESOTA TA COUNTY OF CARVER This is to certify that this doe ern 0 ice wa ed i19 is A.D at ock M. and was duLv d o as d cement no.. CARL . HANSON JR. My RecalRoaer by: «55 CARVER COUN C A13 I NC. E TITLE 2o, Chestnut street North P.O. Box Chaska, 55 5574 8 {� (612) Note: On September 12 the E city council approved first j reading of this ordinance. Approval of second and final CITY OF CHANHASSEN reading is recommended. CARVER AND HENNEPIN COUNTIES, MINNESOTA 9` ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 , OF THE CHANHASSEN CITY CODE CONCERNING WEEDS AND GRASS ' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: I Section 1 . Chapter 13 of the Chanhassen City Code is amended by adding Article I III to read: ARTICLE III. WEEDS AND GRASS. I Sec. 13-24. Prohibition. I Weeds and grass in excess of twelve inches (12 ") in length on any occupied or unoccupied lot or parcel of land less than one acre in size in the City of Chanhassen is , a public nuisance and is prohibited. On vacant property where it would be physically difficult to mow because of topography or other physical constraints, the height limitation on weeds and grass shall only apply to a ten foot wide strip abutting the lot line of the i property. Noxious weeds or plants as identified and defined by the Minnesota Department of Agriculture are also a public nuisance and are prohibited. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel , of land as part of a garden or landscape treatment are exempt from this ordinance. Sec. 13.25. Cutting, Removal, or Chemical Treatment. ' The owner, lessee, or occupant of any lot or parcel of land shall cut and remove ' or chemically treat all such weeds, grass, brush, or other rank, poisonous, or harmful vegetation as often as necessary to comply with the provisions of this Section. Cutting, removing, or chemically treating such weeds, grass, brush, or other rank, poisonous, or ' harmful vegetation at least once in every three (3) weeks, between May 15 and October 15 in a given year, is deemed to be in compliance with this ordinance. I 15331 rO9/02/94 r, See. 13-26. Violation. (a) After giving the owner or occupant of a lot not in compliance with the previous sections seven (7) days advance written notice of the noncompliance, the City may cut, or cause to be cut the grass, weeds, or plants and may assess the cost against the property in accordance with Minn. Stat. § 429.101. (b) The violation of any provision of this ordinance is a misdemeanor and the violator shall be fined or penalized not more than the maximum levels established by the State of Minnesota for misdemeanor offenses. Section 2 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this Council of the City of Chanhassen. day of , 1994, by the City ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1994). 15331 x09/02/94 CITY OF I CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Todd Gerhardt, Asst. City Manager DATE: September 16, 1994 SUBJ: Proposed Settlement with T. F. James Company This past month you should have received a letfer tom Gary Fuchs, our city attorney, regarding the settlement agreement with T F.. ei�Company. Attached you will find the most recent proposal for your consideration It is staff's and the city attorney's ' recommendation that the proposal is reasonable and would advise that the HRA consider approval of the settlement agreement. Staff will be prepared to answer any questions you may have in regards to the proposed settlement at Thursday night's meeting: ATTACHMENT 1. Proposed settlement.' '„, �3i1afS .y, sy` , �6Z �.£4^ � 8e k€, ,»,..,• 3' `F+.,:'%? ' i awl -V, 6.Rtlb: W :% IF 09.16 94 15: 38 $612 452 5550 CAMPBELL KNUTSON 444 Cg4r. CITY HALL IM002429 AGREEMENT THIS AGREEMENT is made and entered into this day of , ' 1994 b and between the Chanhassen Hous and Redevelopment Authority Y � (hereinafter "HRA ") and T. F. Tames Company, an Iowa corporation (hereinafter "James"). RECITALS A. In 1992 the City of Chanhassen (hereinafter "City ") initiated plans for Improvement Project 92 -3, a project that involved the reconstruction and realignment of a portion of West 78th Street in downtown Chanhassen. As part of that project, the City authorized condemnation of certain parcels of undeveloped property owned and previously platted by :fames. B. Pursuant to an Agreement dated May 14, 1993 (hereinafter "the '93 Agreement "), the City and James agreed that the interests and parcels identified in the 1 93 Agreement which were to be the subject of a condemnation proceeding would be transferred to the HRA in return for the payment to James by the HRA of an amount equal to the City's appraisal of compensation due to James for condemnation of those interests. The parties further agreed that they would continue to negotiate final resolution of the acquisition and compensation issues. A true and correct copy of the '93 Agreement is marked as Exhibit A and is attached hereto. C. The reconstruction and realignment of west 78th Street, as it affected the 1 17479 09.16 94 15:38 $612 452 5550 CAMPBELL MTTSON 444 CHAN. CITY HALL Z003;029 property owned by James, included fee title acquisition of most of Lot One (1), Block �. Two (2), West Village Heights Second Addition and permanent easement acquisitions over parts of Outlot A and Lot One (1), Block Two (2) and Lots One (1) through Four (4), Block One (1), all owned by James and all located in West Village Heights ' Second Addition. , D. James had previously platted those parcels in West Village Heights , Second Addition and, as part of the platting and subdivision process, and p ursuant to a Developer's Agreement duly executed by the City and James, had dedicated a strip of , land to the City for the future realignment of West 78th Street. E. In its efforts to develop commercial uses on the platted property, James had undertak - en soil correction efforts and had established soil elevations on the property in anticipation of the realignment of West 78th Street along the route ' dedicated to the City by James. , F. As part of its efforts to establish commercial uses on the property, James had received approval from the City for a retail shopping center with retail gasoline sales use on one of the parcels affected by Improvement Project 92 -3. James incurred expenses related to the architectural and engineering plans for said center. G. As part of its Improvement Project 92 -3, the realignment of West 78th Street follows an alignment that is different than that alignment dedicated to the City by James in the platting and subdivision of West Village Heights Second Addition. As part of the new West 78th Street realignment, the City vacated a portion of the 17479 -2� - ' 09 ,, 94 15:39 $612 452 5550 CAMPBELL KNUTSON 444 C$aN. CITY HALL Z004/029 platted West 78th Street previously dedicated by James. Upon vacation by the City, fee title in that parcel reverted to James, and James has taken into consideration the value of that land in accepting this settlement. H. As a result of the realignment of West 78th Street and the vacation of a portion of the previously dedicated and platted land, some of the previously platted lots in West Village Heights Second Addition do not have frontage on a traveled roadway even though they had frontage on previously platted West 78th Street. 1. Replatting of a portion of West Village Heights Second Addition would be appropriate to correct many newly created frontage, access and tax parcel issues. J. Also, as a result of the realignment of West 78th Street, the elevation of the new road and the elevation of the remaining parcels owned by James was such that substantial earth work was necessary on some of the remaining James property. K. The HRA and James have negotiated various issues over the past year and wish to finally resolve all remaining issues, including those raised by the matters set forth above. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Chanhassen Housing and Redevelopment Authority and T. F. James Company agree as follows: 1. James will execute and deliver to the HRA the originals of the Quit Claim Deed and the Permanent Easement Agreement, copies of which are marked as 17479 -3- 09.16 :94 15:40 $612 452 5550 CAMPBELL KNTTSON 444 CHAD, CITY HALL Z 005/029 it Exhibit B and Exhibit C respectively and are attached hereto. 2. The H17A. agrees that it will not unduly hinder James in its efforts to remove from Lots One (1) through Four (4), Block One (1), West Village heights Second Addition the excess soil necessary to lower the grade on those lots to more appropriately conform to the newly constructed West 78th Street. The HM acknow1odges that Jam2�spreviouslyXceived City approval for a re gaorine sales use on Lot One (1), B (2), 'West Village Heights Second -dditi 4. The HhA shall pay to James within thirty (30) days of execution of this Agreement the sum of One Hundred Thirty -six Thousand One Hundred Seventy -eight and No /100 ($136,178.00) Dollars and shall assume responsibility for payment of the balance of special assessments levied on Lots One (1) through Three (3), Block One (1), West Village Heights Second Addition, inclusive, and those special assessments that are pending but not levied, if any, that are the result of Improvement Project 92 -3 for the realignment of West 78th Street. The total amount of the special assessments assumed is approximately $194,600.00. 5. James, for itself and its successors in interest to Lots One (1) through Four (4), Block One (1), West Village Heights Second Addition, agrees not to seek, request or apply for any public financial assistance in conjunction with the ownership or development of Lots One (1) through Four (4), Block One (1), West Village Heights Second Addition or the operation of any improvement thereon. I I t 17479 -4- 09.•16••94 15:40 V612 452 5550 CAMPBELL KNUSON 444 CHAN. CITY HALL 006.029 6. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Minnesota and shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. T. F. JAMES COMPANY By: Charles 'Wm. James Its Vice President CHANHASSEN HOUSING AND REDEVELOPMENT AUTHORITY By: Don Ashworth Its Executive Director Gary Boyle Its Chairperson -5- 17479 09.16 94 15:41 $612 452 5550 CAMPBELL KNUTSON -44 CHAN. CITY HALL Z007/029 3 r , AGREEMENT ,,��� This Agreement made and entered into t his of 1993, by and between Y , and T.F. James Company (hereinafter referred to as "Owner "), WITHESSETH: The City is proposing the construction of Improvement Project No. 92 -3, which involves the reconstruction of West 78th Street. The City intends, through its condemnation authority, to acquire various property interests from owner over portions ' of the owner's property describ a See Exhibit "A" attached in the spirit of cooperation between the parties, with the intent of expediting the construction of the project, the City has requested and the owner has agreed to convey to the City the ' property interests described on the attached Exhibit A. The City has agreed to continue to negotiate with the Owner to reach final agreement-on the total compensation to be paid to the owner for ' the interests conveyed herein. NOW, THEREFORE, the undersigned, as owner of the above , described property, in partial consideration of monies to be received and other valuable consideration, hereby grants unto the City of Chanhassen and its agents, the property interests as described on Exhibit A, prior to final negotiation of the amount to be paid for the acquisition of the interests described on Exhibit A. The undersigned does not waive any claims it may have arising out of the above- mentioned negotiations and reserves any and all clains it may have against the City arising out of the City's use and occupancy of parcels described on Exhibit A. It is agreed that in consideration for the owner's execution ' of this Agreement, the City will pay to the owner its approved appraised value which would have been required to be paid to the Owner under Minnesota's "quick take" law which is set forth at , M.S.A. 117.042. This approved appraised value will be given by check to the Owner on the date hereof. The owner and the City will continue to negotiate the total compensation to be paid to the owner for the interests conveyed herein. Further, is agreed that the owner, at its election, may notify the city that it no longer wishes to negotiate the damages to be paid as a consequence of this acquisition and that thirty (30) days from the date that said notification is given to the City, in writing, the City shall file its petition in'Condemnation pursuant to Chapter 117 of Minnesota statutes for the purposes of determining , the damages as is provided-by that Statute. Final documents, in recordable form, will be executed by the owner upon completion of the negotiations'of total compensation. If final compensation is not negotiated between the parties, the condemnation proceeding that follows shall, constitute the final conveyance documents. EXHIBIT A 09.16:04 15:41 $612 452 5550 CAMPBELL KNXTSON 4-*4 CHAN. CITY HALL 20084 It is further agreed that the City intends to vacate a portion of future Hest 78th,,Street as ,dedicated in the plat of WEST VILLAGE HEIGHTS 2ND portion to be vacated is substantially as described in the proposed city resolution which t is attached hereto as Exhibit B. For purposes of the potential condemnation proceeding anticipated herein, the "date of taking" shall be the date of the execution of this document by T.F. James Company. In witness whereof, the parties hereto have executed this Easement Agreement the day and year first above written. Dated: �i/l_ , 1993 T.F. JAME COMPANY Its 1i STATE OF MINNESOTA ) ) ss. COUNTY OF ) ' The foregoing instrument was acknowledged before me this day of _ 1 1 5 0 _ , 1993, by efi the 14 ar. cl n4 f T.F. ,lames Company, on behalf of said company. ' Notary Public ELAINE C. ENGELS FW NoTAAYPU"- WLNNE50±A THIS INST1�iTAiE1QT WAS ARAFTED BY: HENNEP k COUNTY M5_ CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 GGF 09, 15:42 $612 452 5550 CAMPBELL &NUSON 444 CE N. CITY BALL Z009/029 and EXHIBXT A That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, which lies within 70 feet either side TO AGREEMENT of the following described line and its extensions: BETWEEN THE CITY OF CHANIiASSEN AND T.F. DAMES COMPANY along the west line of said Lot 1 a distance of 41.87 feet DATED MAY - )4, 19 9 3 to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 I. feet; thence southeasterly 229.78 feet along a tangential Permanent easements for roadway, utility and trailway purposes over, under, across and through the following described parcels: radius of 924.35 feet to the northeasterly line of said Lot 3 ' PARCEL 6 , PARCEL 2ND ADDITI0:1, Carver County, Minnesota, said West 13.0 feet Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. and That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, which lies within 70 feet either side of the following described line and its extensions: commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 924.35 feet to the northeasterly line of said Lot 1 and said described line there terminating. ' PARCEL 6 _ The Hest 13.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITI0:1, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most westerly line of said Lot 1 and its Southerly prolongation. PARCEL 7 That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver county, Minnesota, lying southerly of the following described line and its extensions: Beginning at the intersection of line run parallel with and ' distant 50.0 feet northerly from the south line of the Southwest Quarter of Section 11, Township 116, Mange 23, Carver County, Minnesota with the east line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds west, assumed 09.16.94 15:42 $612 452 5550 CAMPBELL`n'UTSON 444 CHAN. CITY HALL 2010/029 bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feetalong a tangential curve concave to the north having a radius of 11409.16 feet and a central angle of 0 degrees 53 minutes 06 seconds; thence North 88 degrees 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast-having a radius of 652.86 feet to the southwesterly lane of said Lot 4 and there terminating. II. Fee Title to the following described parcel: PAR_ CEL 4 That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver county, Minnesota which lies southwesterly of a line run parallel with and distant 70 feet southwesterly from a line described as follows: Commencing at the northwest corner of said Lot 1, thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet and said described line there terminating. zlx. Temporary construction easements for construction purposes over, under, across and through the following described parcels: PARCEL 6A ' A temporary easement for construction purposes over, under, across and through the East 10.0 feet of the West 23.0 feet of the North 195.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION Carver County, lli.nnesota. Said temporary easement to expire December 31, 1994. PARCEL 7A A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 4, Block I WEST VILLAGE HEIGHTS 2ND ADDITION, carver county, Minnesota 09.16/94 15:43 V612 452 5550 CAMPBELL KNLTTSON 444 CHAN. CITY HALL Z011/029 Said temporary easement being the south 20.0 feet of the East 590.0 feet of said Lot 4. Together with a temporary easement for construction purposes North 10.0 feet of the South over, under, across and through the West 30.0 feet of the East 55.0 feet of said Lot 30.0 feet of the 4. Together with a temporary easement for construction ourposesouth over, under, across and through the North 30.0 feet of the East 270.0 feet of said 50.o feet of the West 50.0 Lot 4. Together with a temporary easement for construction purposes 10.0 feet of the South over, under, across and through the North the West 45.0 feet of the East 435.0 feet of said 30.0 feet of Lot 4. Together with a temporary easement for construction purposes South over, across North of Said Said 50.0 feet of 50.0 Lot 4. Together with a temporary easement for construction purposes the southerly and over, under, across and through that part of Lot 4 lying westerly of the East southwesterly 35.0 feet of said 590.0 feet thereof. Together with a temporary easement for construction purposes feet the South over, under, across and through the North 20.0 of feet of the East 710.0 feet of said ' 55.0 feet of the West 55.0 Lot 4. ' Said temporary easements to expire December 31, 1994. 09.16:94 15:44 '8'612 452 5550 CAMPBELL M"7SON CHAN. CITY HALL 0012/029 BETWEEN THE CITY QF 1-:1111NIIASSEN AIVL7 Y'. r•_ .rti[hr.b �vr�rnns DATED MAY 1993 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date Resolution Motion By Seconded By RESOLUTION VACATING A PORTION OF WEST 76TH STREET i IN CONNECTION WXTH PROJECT NO. 92--3 WHEREAS, pursuant to Minnesota Statutes § 412.851, the Chanhassen City Council has conducted a public hearing preceded by two (2) weeks published and posted notice to consider vacating that portion of Nest 78th street described as follows: That part of West 78th Street, as dedicated with the plat of NEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, i except the west 13 feet thereof; Which lies northeasterly of a line run parallel with and distant 70 feet northeasterly from the following described line and its extensions: Connencing at the northwest corner of Lot 1, Block 2, JEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota; thence South 0' 14' 08" West, assumed bearing, along the west line of said Lot 1 a distance of 41.57 feet to the point of beginning of the line to be described; thence South 77 49' 24" East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve ' concave to the southwest having a radius of 983.93 feet and a_ central angle of 13' 22' 54 "; thence South 64° 26' 34" Last, tangent to said• curve, 181.90 feet and said described line there terminating. and WHEREAS, it appears that there is no public interest to be served by the continued public ownership of that portion of the above described street. i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. That portion of West 78th Street described above is hereby vacated. ' 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Carver County, Minnesota. 4455 09.16 -94 15:45 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY 1.9LL 014.029 QUIT CLAIM DEED cvrparetion or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ (reserved for recording data) Dated! , 1994 J 7 . 1 FOR VALUABLE CONSIDERATION, T. F. JAMES COMPANY, an Iowa corporation, Grantor, hereby Conveys and quitclaims to the ROUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, a public body, corporate in politic under the laws of the State of Minnesota, Grantee, real property in. Ca--ver County, Minnesota, described as follows: Thai part of Lot 1, Block 2, WEST VILLAGE HEXOMTS 214D ADDITION, Carver County, Minnesota which lies southwesterly of a line run parallel with and distant 70 feet southwesterly from a line described as follows; Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds west, assumed bearing, along the west rise of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential carve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet and said described line there terminating. GRANTOR CERTIFIES THAT GRANTOR IS L7NAk'ARE O� ANY WELLS ON THE ABOVE- *DESCRIBED PROPERTY. together with all hereditaments and appurtenances belonging thereto. T. F. JAMES COMPANY AFFIX DEED TAX STAMP HERE By: Charles wm. James (SBAL) Its Vice President STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1994, by Charles Wm- James, Vice President of'T. F. James Company, an Iowa corporation, on behalf of the corporation. (NOTARY STAMP) Notary Public :MIS INSTRUMENT WAS DRAFTED BY: Tax Statements for the real property described in this instrument should be sent to CAMPBELL, KKVTSOr. SCOTT (inolvde name and address of Grantees): E. FUCHS, P.A. 317 Eagandale office Center Chanhassen Em 180 Corporate Center Curve 690 Coulter Drive, P.O. nom 147 Eagan, M 55121 Chanhassen, M 55317 o2ephone: (612) 452 -5000 OG � EXHIBIT - ` 16791 B 09.16.94 15:44 ✓ 8`612 452 5550 C.93SPBELL O'UTSON ->->4 ClU... CITY E.9LL 2013.029 ADOPTED this day of Council of the City of Chanhassen, ATTEST: Don Ashworth, Clerk /Manager 1993, by the City Donald 1. Chmiel, Mayor OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER 4455 This is to certify that this doc em wa ed in t is office on,1he 0 19 O.at y -- o'clock d cume M no d was u gee as CARL -W. HANSON JR. • v�tyRet:er by. CARVER COUNTY ABSTRACT & TITLE CO., INC. 2o1 Chestnut Street North P.O. Box i _ G Chaska, MN 55318 D (612) 445 -5570 ��� 09 16.94 15:45 $612 452 5550 CAMPBELL KNUTSON CHAN. CITY HALL 015/029 1 EASEA'I NT AGREEMEM T. F. JAMES COMPANY, an Iowa corporation, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, a public body, corporate in politic under the laws of the State of Minnesota, its successors and assigns, forever, a permanent easement for public roadway, utility and trailway purposes over, across, on, under and through the property situated within the County of Carver, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof by reference. The easement rights granted herein to the Housing and Redevelopment Authority in and for the City of Chanhassen, its contractors, agents, servants and assigns, shall include the right to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain the public roadway, utility and trailway over, across, on, under and through the permanent easement premises. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement this day of , 1994. GRANTOR: T. F. JAMES COMPANY E By: Charles Wm. James Its Vice President pCHIBIT C F 09 16.91 15:46 $612 452 5550 STATE OF MINNESOTA ) ) ss. CAMPBELL KNLTSON 444 CHAN. CITY BALL 2016 COUNTY OF ) The foregoing instrument was ac)cnowledged before me this day of , 1994, by Charles Wm. James, Vice President of T. F. Tames Company, an Iowa corporation, on behalf of the corporation. Notary Public DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 GGF /cjh -2- OA- 16•'94 15:46 $612 452 5550 CAMPBELL ANLrTSON 444 CH.-IN. CITY HALL li� 017 %02A EXHIB TT A T-0- EASEAmNT AGREEMENT Permanent easements for roadway, utility and trailway purposes over, under, across and through the following described parcels: PARCEL A 1 Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, ' Minnesota. and That part of Lot 1, Block 2, WEST VILLAGE H 2ND ADDITION, ' Carver County, Minnesota which lies within 70 feet either side of the following described line and its extensions: Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence south 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 924.35 feet to the northeasterly line of said Lot 1 and said ' described line there terminating. PARCEL A I The West 13.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most westerly line of said Lot 1 and its Southerly prolongation. PARCEL C That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, ' Carver County, Minnesota, lying southerly of the following described line and its extensions: Beginning at the intersection of line run parallel with and distant 50.0 feet northerly from the south line of the Southwest Quarter of Section -3- 09.16 %94 15: 47 $612 452 5550 CAMPBELL nNTLTTSON 444 CHAN. CITY HALL [a 0188' O29 11, Township 116, Range ;23, Carver, County, Minnesota with the east line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds West, assumed bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feet along a tangential curve concave to the north having a radius of 11409.16 feet and a central angle of 0 degrees 53 minutes 06 seconds; thence North 88 degrees 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 652.86 feet to the southwesterly line of said Lot 4 and there terminating. -4- 09.16;94 15:38 $612 452 5550 CAMPBELL MTTSON 444 CHAN, CITY HALL Z 002./029 AGREEMENT ' THIS AGREEMENT is made and entered into this day of 1994, by and between the Chanhassen Housing and Redevelopment Authority (hereinafter "HRA ") and T. F. James Company, an Iowa corporation (hereinafter , "James"). ' RECITALS 1 ' A. In 1992 the City of Chanhassen (hereinafter "City") initiated plans f or Improvement Project 92 -3, a project that involved the reconstruction and realignment ' of a portion of West 78th Street in downtown Chanhassen. As part of that project, the ' City authorized condemnation of certain parcels of undeveloped property owned and previously platted by James. B. Pursuant to an Agreement dated May 14, 1993 (hereinafter "the '93 Agreement "), the City and James agreed that the interests and parcels identified in the ' '93 Agreement which were to be the subject of a condemnation proceeding would be ed to the HRA in return for the payment to James by the HRA of an amount ' transferred P ym equal to the City's appraisal of compensation due to James for condemnation of those interests. The parties further agreed that they would continue to negotiate final resolution of the acquisition and compensation issues. A true and correct copy of the '93 Agreement is marked as Exhibit A and is attached hereto. C. The reconstruction and realignment of West 78th Street, as it affected the 17479 09! "16!94 15:38 $612 452 5550 CAMPBELL KNUTSON -+44 CHAN. CITY HALL X1003/029 .1 1 property owned by James, included fee title acquisition of most of Lot One (1), Block Two (2), West Village Heights Second Addition and permanent easement acquisitions over parts of Outlot A and Lot One (1), Block Two (2) and Lots One (1) through Four (4), Block One (1), all owned by James and all located in West Village Heights Second Addition. D. James had previously platted those parcels in West Village Heights Second Addition and, as part of the platting and subdivision process, and pursuant to a Developer's Agreement duly executed by the City and James, had dedicated a strip of land to the City for the future realignment of West 78th Street. B. In its efforts to develop commercial uses on the platted property, James had undertaken soil correction efforts and had established soil elevations on the property in anticipation of the realignment of West 78th Street along the route dedicated to the City by James. F. As part of its efforts to establish commercial uses on the property, James had received approval from the City for a retail shopping center with retail gasoline sales use on one of the parcels affected by Improvement Project 92 -3. James incurred expenses related to the architectural and engineering plans for said center. G. As part of its improvement Project 92 -3, the realignment of West 78th Street follows an alignment that is different than that alignment dedicated to the City by James in the platting and subdivision of West Village Heights Second Addition. As part of the new West 78th Street realignment, the City vacated a portion of the 17479 -2- 09-"16.94 15:39 $612 452 5550 CAMPBELL MTTSON 444 CHAN. CITY HALL 2004/029 platted West 78th Street previously dedicated by James. Upon vacation by the City, ' fee title in that parcel reverted to James, and James has taken into consideration the ' value of that land in accepting this settlement. ' H. As a result of the realignment of West 78th Street and the vacation of a ' portion of the previously dedicated and platted land, some of the previously platted lots in West Village Heights Second Addition do not have frontage on a traveled ' roadway even though they had frontage on previously platted West 78th Street. ' Heights Second Addition would Y. R.eplatting of a portion of West Village Hei g be appropriate to correct many newly created frontage, access and tax parcel issues. J. Also, as a result of the realignment of West 78th Street, the elevation of ' the new road and the elevation of the remaining parcels owned by James was such that substantial earth work was necessary on some of the remaining James property. ial y K. The HRA and James have negotiated various issues over the past year ' and wish to finally resolve all remaining issues, including those raised by the matters ' set forth above. NOW THEREFORE, in consideration of the mutual terms, covenants and ' conditions set forth herein, and for other good and valuable consideration, the receipt ' and sufficiency of which is hereby acknowledged, the Chanhassen Housing and ' Redevelopment Authority and T. F. James Company agree as follows: 1. James will execute and deliver to the HRA the originals of the Quit Claim Deed and the Permanent Easement Agreement, copies of which are marked as I 17479 -�- - 1 09 %16 %94 15:40 $612 452 5550 CAMPBELL KNUTSON 4i4 CHAN. CITY HALL 0]005 /029 Exhibit B and Exhibit C respectively and are attached hereto. 2. The 1:ITtA, agrees that it will not unduly hinder James in its efforts to remove from Lots One (1) through Four (4), Block One (1), West Village Heights Second Addition the excess soil necessary to lower the grade on those lots to more appropriately conform to the newly constructed West 78th Street. 3. The HRA acknowledges that James had previously received City approval for a retail gasoline sales use on Lot One (1), Block Two (2), West Village Heights Second Addition. 4. The HRA shall pay to James within thirty (30) days of execution of this Agreement the sum of One Hundred Thirty -six Thousand One Hundred Seventy -eight and No /100 ($136,178.00) Dollars and shall assume responsibility for payment of the balance of special assessments levied on Lots One (1) through Three (3), Block One (1), West Village Heights Second Addition, inclusive, and those special assessments that are pending but not levied, if any, that are the result of Improvement Project 92 -3 for the realignment of West 78th Street. The total amount of the special assessments assumed is approximately $194,600-00. S. James, for itself and its successors in interest to Lots One (1) through Four (4), Block One (1), West Village Heights Second Addition, agrees not to seek, request or apply for any public financial assistance in conjunction with the ownership or development of Lots One (1) through Four (4), Block One (1), West Village Heights Second Addition or the operation of any improvement thereon. 17479 09, 15:40 0612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL Q0061 6. This Agreement shall be interpreted and enforced in accordance with the ' laws of the State of Minnesota and shall inure to the benefit of and be binding upon , the respective successors and assigns of the parties hereto. , T. F. JAMES COMPANY By: Charles Win. James Its Vice president ' 17479 CHANHASSEN DOUSING AND REDEVELOPMENT AUTHORITY ' By: Don Ashworth Its Executive Director ' By: Gary Boyle ' Its Chairperson 09 15:41 - $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL IM007/029 AGREEMENT This Agreement made and entered i this d of A4 77� 7 � � , 1993 , by and bet Y mpany (hereinafter referred to as "owner "}, AITNESSETH: The City is proposing the construction of Improvement Project No. 92 -3, which involves the reconstruction of West 78th Street. The City intends, through its condemnation authority, to acquire various property interests from the owner over portions of the owner's property described as follows: ' See Exhibit " A " attached In the spirit of cooperation between the parties, with the ' intent of expediting the construction of the project, the City has requested and the Owner has agreed to convey to the City the property interests described on the attached Exhibit A. The City has agreed to continue to negotiate with the Owner to reach final ' agreement the total compensation to be paid to the owner for the interests conveyed herein. ' NOW, THEI2.EFORw, the undersigned, as owner of the above described property, in partial consideration of monies to be received and other valuable consideration, hereby grants unto the ' City of Chanhassen and its agents, the property interests as described on Exhibit A, prior to final negotiation of the amount to be paid for the acquisition of the interests described on Exhibit A. The undersigned does not waive any claims it may have ' arising out of the above - mentioned negotiations and reserves any and all claims it may have against the City arising out of the City's use and occupancy of parcels described on Exhibit A. It is agreed that in consideration for the owner's execution of this Agreement, the City will pay to the owner its approved appraised value which would have bden required to be paid to the Owner under Minnesota's "quick take" law which is set forth at M.S.A. 117.042. This approved appraised value will be given by check to the owner on the date hereof. The owner and the City ' will continue to negotiate the total compensation to be paid to the owner for the interests conveyed herein. Further, is agreed that the owner, at its election, may notify the City that it no ' longer wishes to negotiate the damages to be paid as a consequence of this acquisition and that 'thirty (30) days from the date that said notification is given to the City, in writing, the City shall file its Petition in'Condemnation pursuant to Chapter 117 of Minnesota statutes for the purposes of determining the damages as is provided that Statute. Final documents, in recordable form, will be executed by the owner upon completion of the negotiations'of total compensation. If final compensation is not negotiated between the parties, the condemnation proceeding that follows shall constitute the final conveyance documents. ' OXHIB A 09.16/94 15:41 $612 452 5554 CAMPBELL KNLTTSON 444 CHAN, CITY HALL 0008/029 bty Garmiss�n Faglre+ � z0. t9aS It is further agreed that the City intends to vacate a portion of future west 78th Street as dedicated in the plat of WEST vILLAGE HEIGHTS 2ND ADDITION, that portion to be vacated is substantially as described in the proposed city resolution which , is attached hereto as Exhibit B. For purposes of.the potential condemnation proceeding anticipated herein, the "date of taking" shall be the date of the ' execution of this document by T.F. James Company. In witness whereof, the parties hereto have executed this ' Easement Agreement the day and year first above written. Dated: /rfl _ 1993 T. F. By: S'P'ATE OF MINNESOTA } ss. COUNTY OF JAMES COMPANY ' The foregoing instrument was acknowledged before me this _j day of XD W , 1993, by the r f T.F. �rames Company, on behalf of said company. otary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 GGF •- ELAINE C. ENGELS '��,•• No7AAYAUBUC- MINNESOTA ` HENNEPIN COUNTY bty Garmiss�n Faglre+ � z0. t9aS 7 09.16% "94 15: 42 $612 452 5550 CAMPBELL KNUTSON 344 CIIAN. CITY HALL Z009/029 EXHXBXT A TO AGREEMENT BETWEEN THE CITY Off' CHANHASSEN AND T.F. ,TAMES COMPANY DATEb MAY 14, 1993 z. Permanent easements for roadway, utility and trailway purposes over, under, across and through the following described parcels: ' PARCEL 3 Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, ' Minnesota. and That part of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, which lies within 70 feet either side ' of the following described line and its extensions: Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 seconds West, assumed bearing, ' along the west line of said Lot 1 a distance of 41.87 feet to the point, of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34 seconds East, ' tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 924.35 feet to the northeasterly line of said Lot ' 1 and said described line there terminating. PARCEL 6 ' - The West 13.0 Feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most ' westerly line of said Lot I and its Southerly prolongation. PARCEL 7 ' That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, lying southerly of the following described line and its extensions: Beginning at the intersection of line run parallel with and distant 50.0 feet northerly from the south line of the ' Southwest Quarter of Section 11, Township 116, Range 23, Carver County, Minnesota with the east line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds West, assumed 09%16%94 15:42 $612 452 5550 CAMPBELL KNUTSON 444 CHAN, CITY HALL a010/029 bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feet along a tangential curve concave to the north having a radius 06 1 secondsf thence North 88 degrees 04 central of 0 degrees 53 minutes , 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 652.86 feet to the southwesterly line of said Lot 4 and there terminating. II. ' Fee Title to the following described parcel: pA CEL 4 ' That part of Lot 1, Block 2, LEST VILLAGE HEIGHTS 2ND ADDITION, Carver county, Minnesota which lies southwesterly of a line run ' parallel with and distant 70 feet southwesterly from a line described as follows: ' commencing at the northwest corner of said . Lot 1 thence south o degrees 14 minutes 08 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 41.87 feet , to the point of beginning of the line be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 ' feet and a central angle of 13 degrees 22 minutes 50 seconds; thence. South 64 degrees 26 minutes 34 seconds East, tangent to said curve, I81.90 feet and said described line ' there terminating. IIx. Temporary construction easements for construction purposes over, ' under, across and through the following described parcels: PARCEL 6A ' A temporary easement for construction purposes over, under, across and through the East 10.0 feet of west 23.0 0 feet S ' the North 195.0 feet of Lot 1, Block 1, ADDITION Carver County, Minnesota. Said temporary easement to expire December 31, 1994. ' PARCEL 7A ' A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 4 , Block I WEST VILLAGE HEIGHT'S 2ND ADDITION, ' carver County, Minnesota 09- '16.94 15:43 $612 452 5550 CAMPBELL KNUTSON 44--) CHAN. CITY HALL 1j0111/029 Said temporary easement being the South 20.0 feet of the East 590.0 feet of said Lot 4. Together with a temporary easement for construction purposes feet of the South ' over, under, across and through the feet of North 10.0 the East 55.0 feet of said Lot 30.0 feet of the West 30.0 4. ' Together with a temporary easement for construction purposes feet of the South ' over, under, across and through the North 30.0 50.0 feet of the West 50.0 feet of the East 270.0 feet of said Lot 4. Together with a temporary easement for construction purposes feet the South over, under, across and through the North 10.0 of feet of the East 435.0 feet of said 30.0 feet of the West 45.0 ' Lot 4. purposes Together with a temporary easement for construction feet the South over, under, across and through the North 30.0 of feet of the East 540.0 feet of said 50.0 feet of the West 45.0 ' Lot 4. Together with a temporary easement for construction purposes the southerly and ' over, under, across and through that part of Lot 4 lying westerly of the East southwesterly 35.0 feet of said 590.0 feet thereof. ' Together with a temporary easement for construction purposes over, under, across and through the North 20.0 feet of the South 55.0 feet of the 'West 55.0 feet of the East 710.0 feet of said ' Lot 4. Said temporary easements to expire December 31, 1994. 09 %16%94 15:44 $612 452 5550 CAMPBELL KNLITSON 444 CHAN, CITY HALL 012/029 BETWEEN THE CITY OF C:HANHASSEN AND DATED MAY —, 1993 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date Resolution motion By Seconded By RESOLUTION VACATING A PORTION OF WEST 78TH STREET IN CONNECTION WITH PRO,7ECT NO. 92 WHEREAS, pursuant to Minnesota Statutes § 412.851, the Chanhassen City council has conducted a public hearing preceded by two (2) weeks published and posted notice to consider vacating that portion of West 78th Street described as follows: That part of West 78th Street, as dedicated with the plat of WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, except the west 13 feet thereof; Which lies northeasterly of a line run parallel with and distant 70 feet northeasterly from the following described line and its extensions: Commencing at the northwest corner of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota; thence South 0° 14' 08 West, assumed bearing, along the west line of said Lot 1 a distance of 41.67 feet to the point of beginning of the line to be described; thence South 77 0 49' 24" East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a_central angle of 13° 22' 50 "; thence South 64° 26' 34" East, tangent to said: curve, 181.90 feet and said described line there terminating. and WHEREAS, it appears that there is no served by the continued public ownership above described street. public interest to be , of that portion of the NOW, THEREFOP.E, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. That portion of West 78th street described above is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Carver County, Minnesota. 4455 09 %16/94 15:45 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL ] 014 1'029 QUIT CLAIM DEED CorP *r4-t16n or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real, Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX Dt)E HERRON , $� r Datedt , 2.994 ( reserved gor recording data , FOR VALUABLE CONSIDERATION, T. F. JAMES COMPANY, an Iowa corporation, Grantor, hereby conveys and quitclaims to the ROUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHAS a public body, corporate in politic under the laws of the State of Minnesota, Grantee, areal property in Carver County, Minnesota, described as follows; Thar parr of Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota which lies southwesterly of a line run parallel with &Ad distant 70 feet southwesterly from a line described as follows; Commencing at the northwest corner of said Lot 1; thence South o degrees 14 minutes 08 seconds West, assumed bearing, along the west lire of said Lot 1 a distance of 41.87 feet to the point of begiming 0£ the line to be described; thence South 77 degrees 49 minutes 24 .ecor+ds East 179.48 feet; thence southeasterly 225.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a Central angle of 13 degrees 22 minutes 5o seconds; thence South 64 degrees 26 minutes 34 seconds East, tangent to said curve, 181.90 feet and said described line there terminating. GRANTOR CERTIFIES THAT GRANTOR IS UNAWARE OF ANY WEL ON THE ABOVE - DESCRISED PROPERTY. together with all hereditaments and appurtenances belonging thereto. AFFIX DEED TAX STAMP HERE (SEAL) STATE OF MINNESOTA T. F. JAMES COMPANY By: Charles Wm. James Its Vice President ss. COUNTY OF } . The foregoing instrument was acknowledged before me this day of 1994, by Charles Wm. James, Vice president of*T. F. James Company, an Iowa corporation, on behalf of the corporation. (NOTARY STAMP) THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON. SCOTT &: -OCHS, P.A. 317 Eagandaie Office Center 180 Corporate Center Curve Eagan, MN SS121 Telephone: (612) 452 -5000 CGS 16747 Notary Public Tax Statemento for the real property described in thin instrument should be sent to (include name and address of Grantees): Chanhassen HRA 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 EXHIBIT B 09- •10./94 15:44 $612 452 5550 CAMPBELL KNUTSON iii CE[AN. CITY HALL 0 013/029 ADO this day of 1993, by the City Council of the City of Chanhassen. ATTEST = Don Ashworth, Clerk /Manager 4455 ' Donald 1. Chmiel, Mayor 1 ' OFFICE OF COUNTY RECORDER SPATE OF MINNESOTA COUNTY OF CARVER ' This is to certify that this doc em ' w a e in t is office ontheTday 0 19 .).at `� -- o`clock , M was duJy909 as d come CARL . HANSON JR. , vney Reeor ' ,f CARVER COUNTY ABSTRACT & T ITLE CO., INC. 207 Chestnut Street North P.O. Box 106 _ • ��� Chaska, MN 55318 ' (612) 448 -5570 1 09.16 %94 15:45 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL EASDIENT AGREEA'IENT ' T. F. JAMES COMPANY, an Iowa corporation, for good and valuable ' consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to the HOUSING AND REDEVEEOPMMNT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, a public body, corporate in politic under the laws of the State of Minnesota, its successors and E015/029 ' assigns, forever, a permanent easement for public roadway, utility and trailway purposes over, across, on, under and through the property situated within the County 1 of Carver, State o g y f Minnesota le all described on Exhibit A attached hereto and made a part hereof by reference. ' The easement rights granted herein to the Housing and Redevelopment Authority in and for the City of Chanhassen, its contractors, agents, servants and ' assigns, shall 'include the right to enter upon the premises at all reasonable times to ' construct, reconstruct, inspect, repair and maintain the public roadway, utility and trailway over, across, on, under and through the permanent easement premises. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement this ' day of 1994. 1 GRANTOR: T. F. JAMES COMPANY B y : Charles Wni- James ' Its Vice President QCHIBIT C 09:16!94 15:46 V612 452 5550 STATE OF MINNESOTA ) ) ss. COUNTY OF CAMPBELL KNUTSON 444 CHAIN. CITY HALL The foregoing instrument Was acknowledged before me this day of 1994, by Charles Wm. James, Vice President of T. F. James Company, an Iowa corporation, on behalf of the corporation. Notary Public DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A . 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 GGF /cjh -2- m � 49 %16•'A4 15:46 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY IIALL 017/029 EXH UT A Ta EASEAZENT AGREEMENT ' Permanent easements for roadway, utility and trailway purposes over, under, across and through the following described parcels: ' PARCEL A ' Outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota. ' and ' PARCEL B, The West 13.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ' ADDITION, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most westerly line of said Lot 1 and its Southerly prolongation. PARCEL C ' That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, lying southerly of the following described line and ■ its extensions: Beginning at the intersection of line run parallel with and distant 50.0 ' feet northerly from the south line of the Southwest Quarter of Section That part of Lot 1, Block 2, NEST VILLAGE HEIGHTS 29D ADDITION, Carver County, Minnesota which lies within 70 feet either side of the following t described l line and its extensions: Commencing at the northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08 .seconds West, assumed bearing, along the west ' d line of said Lot 1 a distance of 41.87 feet to the point of beginning of the line to be described; thence South 77 degrees 49 minutes 24 seconds East 179.48 feet; thence southeasterly 229.78 feet along a tangential curve concave to the southwest having a radius of 983.93 feet and a central angle of 13 degrees 22 minutes 50 seconds; thence south 64 degrees 26 ' m minutes 34 seconds East, tangent to said curve, 181.90 feet; thence southeasterly along a tangential curve concave to the northeast having a ' d radius of 924.35 feet to the northeasterly line of said Lot 1 and said described line there terminating. PARCEL B, The West 13.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS 2ND ' ADDITION, Carver County, Minnesota, said West 13.0 feet being as determined by a line parallel with the most westerly line of said Lot 1 and its Southerly prolongation. PARCEL C ' That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County, Minnesota, lying southerly of the following described line and ■ its extensions: Beginning at the intersection of line run parallel with and distant 50.0 ' feet northerly from the south line of the Southwest Quarter of Section 09.16/94 15:47 $612 452 5550 CAMPBELL MTTSON 444 CHAN. CITY HALL Z 0181/029 X 1 T wnshi 116 Range 23 Carver County, Minnesota with the east a o p , line of said Lot 4; thence North 88 degrees 57 minutes 58 seconds West, assumed bearing, parallel with said south line 220.66 feet; thence westerly 176.22 feet along a tangential curve concave to the north having a radius of 11409.16 feet and a central angle of 0 degrees 53 minutes 06 seconds; thence North 88 degrees 04 minutes 52 seconds West, tangent to said curve, 247.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 652.86 feet to the southwesterly line of said Lot 4 and there terminating. ME