1f. Approval of Settlement Agreement with T.F. James CompanyMEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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 frorrkj
James did receive certain approvals with his i
to comply with all city ordinances as he pre(
It is the City Attorney's and staff's recodnenc
advise the city council to approve the Settleme
ATTACHMENT
1. Settlement
ttlement Agreement with T.F. James
project. This agreement does not grant
►cesses, but only acknowledges that Mr.
development and that he will also have
the rest of his development.
the proposal is reasonable and would
F
a
n
I 'i
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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-
A. In 1992 the 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 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 LIRA in return for the payment to James by the LIRA. 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
property owned by Jaunes, 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
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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 Nest 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 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 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
17479
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roadway even though they had frontage on previously platted West 78th Street.
T. 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
remaining el owned b James was such t
the new road and the elevation of the g parc s y that
' substantial earth work was necessary on some of the remaining Jaynes 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 had 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
' 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 Iegal 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
UIR
Charles Wm. James
Its Vice President
CITY OF CHANHASSEN
By:
Donald J. Chmiel
Its Mayor
0
17479 -4-
Don Ashworth
Its City Manager
"A • r
. GR
A EEMENT
This Agreement made and entered into this 141 day of
MAY , 1993, by and between the City of Chanhassen
and T.F. James Company (hereinafter referred to as "Owner "),
' AITNESSETH:
I
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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 "All 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. Xf final compensation is
not negotiated between the parties, the condemnation proceeding
that follows shall constitute the final conveyance documents.
EXHIBIT -
A
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: 1 �'7 , 1993 T.F. JAMES COMPANY
By: /X/L %A- ��1�- t/'' ,
' Its 1
'
' STATE OF MINNESOTA )
ss.
COUNTY OF 14 � )
The foregoing instrument was acknowledged before me this the
.4� day of 1993, by ,f'�,��) s
f T.F. James Company, on behalf of said
company.
Notary Public
_ �..., ELAINE C. ENGELS
NOTARY PUBLIC- YWMSOTA
THIS INSTRUMENT WAS DRAFTED BY: HENNEPIN COUNTY
My CO=U" Floe AUD. 24 1005
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
GGF '
EXHIBIT A
To AGREEMENT
BETWEEN THE CITY OF CH2UMSSEN AND T.F. JAMES COMPANY
DATED MAY 14, 19-33
1 I.
permanent easements for roadway, utility and trailway
purposes over, under, across and through the following described
1 parcels:
PARCEL 3
1 outlot A, WEST VILLAGE HEIGHTS 2ND ADDITION, Carver County,
Minnesota.
1 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.
PP.RCEL _6 -
The West 13.0 feet of Lot 1, Block 1, WEST VILLAGE HEIGHTS
2ND ADDITION, Carver county, Minnesota, said West 13.0 feet
1 being as determined by a line parallel with the most
westerly line of said Lot 1 and its Southerly prolongation.
1 PAS .
That part of Lot 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION,
Carver County, Minnesota, lying southerly of the following
1 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
C
09.16'94 15:52 $612 452 5550 CAMPBELL 017SON 414 CHAN. CITi HALL 0026/029
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 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.
II.
Fee Title to the following described parcel:
' PARCEL 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
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.
III.
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, :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 VILLAGE HEIGHTS 2ND ADDITION,
Carver County, Minnesota
i
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1
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
over, under, across and through the North 30.0 feet of the 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.
LJ
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MUN � U11 HALL 10 0;
k3k'1'WEEN THE C I'�'X () - L:tfANhAS,'jZN m1Z '1'. r'. �e� °i Lvi•ii ai
DATED MAY ____, 1993
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date Resolution
Motion By ��. Seconded By
RESOLUTION VACATING A PORTION OF REST 78Th STREET
IN CO2v1NECTION WITH PROJECT 140. 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 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:
Comr.enci.ng 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' 501t; thence South 64° 26'
34" Last, tangent to said. curve, 181.90 feet and said
described line there terminating.
1 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.
1 1.455
I �
09,'16194 15: 53 UU12 452 556U I'SUIN, 444 CUZU
ADOPTED this day of 1993, by the City
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk /Manager
4455
Donald J. Chmiel, Mayor
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
This is to certify that this doe ern
wa ed in t is office on eday
0 19 A.D.at o'clock
d cement no..
was �u� as
o
CARL . HANSON JR.
�my aocof
''" of
CARVER O INC. T ABSTRACT
201 Chestnut Street North
P.Q. Box 106
Chaska, 44S 55 $
74
(612)