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CorrespondenceLetter to Fred Berg dated June 14, 2001. Letter to Jim Manders dated June 12, 2001. Chanhassen Fire Department Fire/Rescue Call Sheet dated June 4 - June 10, 2001. Chanhassen Fire Department Fire/Rescue Call Sheet dated June 11 - June 17, 2001. Letter from American Family Insurance Group dated Mary 23, 2001. Letter from Campbell Knutson dated June 4; 2001. Letter to Dr. James Cooper dated May 30, 2001. Memo to jerry Ruegemer dated June.5, 2001. CITYOF CHANHASSEN 690 Ci~ Center Drine, PO Box I 47 Chanhassen, Minnesota 553I 7 Phone612.937.1900 Generd Fax 612.93Z5739 .Engineering Fax 612.93Z 9152 Public Safety Fax 612.934.2524 Web wwu:d, chant, zassen.~n, us June 14,2001 Mr. Fred Berg 6910 Chaparral Lane Chanhassen, MN 55317 Dear Fred: Thank you for nine years of service to the City of Chanhassen as a Park and Recreation Commissioner! I have enjoyed your company and marveled at the contributions you have made. Early on it was clear that Fred Berg was dignified and stood up for his community. Your strong presence on the Commission served as an inspiration for new recruits. Everyone appreciated your no nonsense approach to the community's business and we all are better off because of your dedication to service. Fred, your Park and Recreation Commission resume reads like a book-- historian, community advocate, tough negotiator, big heart, volunteer extraordinaire, master of ceremonies, and practical joker! Call it what you like; we all know what it means--Fred Berg gave a lot of himself to our town and for that I cannot express enough gratitude. During your tenure, the city grew by approximately 10,000 people, we added 8-I0 parks, and built over ten miles of trails. You helped oversee the construction and management of the Chanhassen Recreation Center, a facility the community so greatly needed. You made contributions to dozens of recreation programs and were instrumental in the construction of the skate park. Many wonderful amenities_we all enjoy today have a part of you in them! Lastly Fred, thank you for your support of the 1997 Park, Open Space and Trail Referendum. This was an enormous undertaking that owes its roots to the Park and Recreation Commission. It will not be the same without you! I trust you will find another productive outlet to invest your energy. Good luck and best wishes. I will see you around town. Sincerely, Todd Hoffman Park & Recreation Director C: Mayor & City Council Park & Recreation Commission Todd Gerhardt, Acting City Manager CIT OF CHAN EN 90City Canto'Drive, PO.Box I47 Cba~dm. csen, Minnesota 55317 Phone 612.937. I900 General Fax 612937.5739 ~ngineedng Fax 612.937.9152 ~blic SaflO, Far, 612.9342524 IVtb wwu,.d, chadJasso~.mn.m June 12,2001 Mr. Jim Manders 6791 Chaparral Lane Chanhassen, MN 55317 Dear Jim: Thank you for your eight years of service to the City of Chanhassen as a Park and Recreation Commissioner. During your tenure, the city grew by approximately 10,000 people, added 8-10 park sites, and built over ten miles of trail. You helped oversee the construction and management of the Chanhassen Recreation Center and Skate Parkmfacilities the community so greatly needed. You should be proud of the level of dedication you committed to this position. Jim, you were always there for the community and for that I cannot express enough gratitude. Serving just less than three full terms on the commission ranks you very high on the list of appointed and elected officials who have served the city. Your presence on the Commission came at a very important timein our history. With annual growth topping out at 1,000 people and land being developed at an alarming rate, you provided calm and concise recommendations. Jim, even under pressure you were able to analyze complicated data and produce sound decisions. Seated at the far end of the Commission bench, you served as our "anchor" for many years. Jim, I do not think there is any disputing that your greatest accomplishment was the success of the 1997 Park, Open Space and Trail special election. You committed two years to serve as one of the Commission's representatives on the task force! This commitment added dozens of additional evening meetings to your schedule - above and beyond your regular commission work. The benefits that resulted from the success of this important initiative are endless. Volunteering for this and other duties was second nature for you. I also wish to thank you for volunteering at dozens of city-sponsored events. Taking the time to do this meant a great deal to your fellow commissioners and our community. I will miss your presence on the commission, but look forward to seeing you around town! Sincerely, Todd Hoffman Park & Recreation Director C: · Mayor & City Council Park & Recreation Commission Todd Gerhardt, Acting City Manager CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JUNE 4, - JUNE 10, 2001 Mort Mon Tues Thurs Fri Sat Sun Jun4 12:27 AM Jun4 7:24 PM Jun5 I:10AM Jun7 11:15PM Jun 8 12:49 PM Jun9 12:50 PM Jun 10 8:03 PM West 79th Street Meadowlark Lane Lakeview Road East West 78th Street Park Road Pontiac Lane West 79th Street Medical - possible heart attack Broken gas main Medical - person ill Medical - trouble breathing Fire alarm - false alarm, no fire Medical - possible broken ankle Car accident, no injuries CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF.JUNE 11, - JUNE 17, 2001 mon Mon Mon Mon Mon Mon Mon Tues Tues Weds 'Weds Weds Weds Weds Weds Weds Weds Thurs Thurs Thurs Thurs Thurs Thurs Fri ' Fri Fri Fri Fri Sat Sat Sun Sun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun 11 11 11 11 11 11 11 12 12 13 13 13 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 15 16 16 17 17 12:24 AM 5:17 PM 5:51 PM 6:07 PM 6:39 PM 7:01 PM 8:30 PM 8:10 PM 10:03 PM 6:41 AM 7:24 AM 7:29 AM 10:16 AM 11:35 AM 11:44 AM 1047 PM 11:05 PM 6:59 AM 10:02 AM 4:46 PM 4:49 PM 5:41 PM 6:30 PM 7:16 AM 12:43 PM 3:12 PM 5:05 PM 7:18 PM 4:22 PM 9:14 PM 11:04 AM 8:55 PM Lyman Blvd & Galpin Blvd Chan Fire Station Highway 101 & Pioneer Tr West 77th Street Broken Arrow Road Laredo Drive Lyman Blvd & Lk Riley Blvd Market Boulevard West 63ra Street Elm Tree Chanhassen Road Lake Drive West Pioneer Trail & Settlers Blvd Lakeridge Road Canyon Curve Pontiac Lane Lake Ann Park Lake Ann Park Market Boulevard Highway 41 & Tanado°na Dr West 78th Street Laredo Drive Car accident, cancelled, no injuries Weather watch - stand by Power lines down Power lines down Power lines down Power lines down Power lines down - unfounded Dumpster/r°of fire Medical - eye injury Medical - possible stroke Fire alarm - false alarm, no fire Medical - diabetic reaction Trees on fire, Eden Prairie call Fire alarm - false alarm, no fire Medical -trouble breathing Possible electrical fire Missing person Call out for dive team Medical - unknown problem Car accident, cancelled, no injuries Medical - head injury Electrical line sparking in tree Highway 5 & Audubon Road Car accident, cancelled, no injuries Lake Ann Market Boulevard Highway 5 & Audubon Rd Lake Ann Park Bridle Creek Trail Minnewashta Park Highway 41 & Tanadoona Dr Arboretum Boulevard Chan View Dive recovery Fire alarm - false alarm, no fire Car accident, cancelled, no injuries Medical -hand caught in fence Medical - unknown problem Gasoline spill Car accident with injuries Medical - allergic reaction Medical'- seizures '-AMERICAN FAMILY AMERICAN FAMILY INSURANCE GROUP 6131 BLUE CIRCLE DRIVE · EDEN PRAIRIE NIL 55343-9130 .Mailing Addre,s: PO BOX 59173 · MINNEAPOLIS. MN 55459-0173 · PHONE t952) 933-4446 May 23, 2001 CITY OF CHANHASSEN ATTN: TODD GERHARDT 690 CITY CENTER DRIVE PO BOX 147 CHANHASSEN MN 55317 Dear Mr. Gerhardt: I want to thank you and the City of Chanhassen for the hospitality you provide us here at American Family recently. You quick response to our need for a temporary drive-in site to inspect hail damaged vehicles was very much appreciated not only by the employees of American Family but by our policyholders also. Enclosed is a draft for the amount of $750.00 It is our way of saying thank you to the City of Chanhassen. If you have questions or comments, feel free to call me at 952-933-9753, extension 62285. Sincerely, John Andres ' 'Physical Damage Claim Supervisor. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *A/so//cemM/n Wisconsin CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 June 4, 2001 District Court Administrator Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 Re: Mark Halla and Don Halla, d/b/a Halla Nursery, Inc. v. City of Chanhassen, et al. Court File No. C8-00-1010 c.c. I:YI John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt RECEIVED JUN 0,5 2001 CITY OF CH^NHASSEN Dear Administrator: Enclosed herewith for filing Please fmd Defendants' Post-Trial Memorandum of Law and proposed Findings of Fact, Conclusions of Law, Order for Judgment and Judgment along with our Affidavit of Service by U.S. Mail in the above-entitled matter. On Friday, June 1, 2001, I was Unexpectedly called out of the office for what turned out to be an all day hearing on a Temporary Restraining Order. Pursuant to agreement of counsel, the enclosed documents are being served and fried today. Best regards, Campbell Knutson Professional Association, Thomas M. Scott TMS:cjh Enclosure cc: Client Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott t3. Knetsch Joel ]. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *Am liremed in Wisconsin CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651 ) 452-5550 June 4, 2001 VIA FACSIMILE AND U.S. MAIL Mr. Phillip R. Krass Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, Minnesota 55431-1447 Re: Mark Halla and Don Halla, d/b/a HalIa Nursery, Inc. vs. City of Chanhassen, et al. Court File No. C8-00-1010 i=YI John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt RECEIVED JUN 0 $ 2001 CITY OF CHANHASSEN Dear Mr. Krass: Enclosed herewith and served upon you by United States mail as attorney for the Petitioners/Plaintiffs in the above matter are Defendants' Post-Trial Memorandum of Law and proposed Findings of Fact, Conclusions of Law, Order for Judgment and Judgment. Best regards, Campbell Knutson Professional Association -" Scott TMS Enclosure cc: Client Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve * Eagan, MN 55121 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00-1010 VS. Petitioners/Plaintiffs, DEFENDANTS' POST-TRIAL MEMORANDUM OF LAW The City of Chanhassen, its Mayor, as well as other citizens or property owners affected, Respondents/Defendants. INTRODUCTION This memorandum supplements the previous brief submitted in support of the City's request for summary judgment. Ie The Highway 101 easement was conveyed by a separate document rather than dedicated on the plat. The plat vacation statutes does not apply. Minn. Stat. § 505.14 deals with the vacation of plats and streets dedicated to the public by the plat. Here, the Highway 101 easement was conveyed to the City by a separate easement document. It is not a street dedicated on the plat. Therefore, section 505.14 does not apply. It is unclear from the record why the Highway 101 conveyance was by easement rather than dedication on the plat. The only relevant fact is that it is by separate document. 94162 I II. Plaintiffs fail to meet the standard for vacation. Before an easement can be vacated in a proceeding under Section 505.14, the petitioner must prove that the property to be vacated is useless for the purpose for which it was laid out. In re Verbick, 607 N.W.2d 148, 150 (Minn. App. 2000). Section 505.14 provides: Upon the application of the owner of land included in any plat, * · * the district court may vacate or alter all, or any part, or such plat, and adjudge the title to all streets, alleys, and public grounds to be in the persons entitled thereto; but streets or alleys connecting separate plats or lying between blocks or lots * * * shall not be vacated * * * unless it appears that the street or alley or part thereof sought to be vacated is useless for the purpose for which it was laid out. "The petitioner bears the burden of proving uselessness." In re Verbick, 607 N.W.2d at 150. "A petitioner's failure to show uselessness is dispositive, requiring a denial of the petition."- Id. In reviewing petitions brought under section 505.14, district courts are to construe the terms "useless" and "purpose" broadly. Id. at 150-51. The Highway 101 easement connects other plats and property located north and south of Plaintiffs' plats. The easement was obtained for the future upgrading of Highway 10l. It unquestionably remains useful for that purpose. See In re Application of Avant-Garde, Inc., 481 N.W.2d 379, 381 (Minn. App. 1992) (whether property dedicated to public use should be vacated depends on whether vacation will serve the public interest), review denied (Minn. Apr. 29, 1992). The public includes persons other than those in the immediate vicinity, and evidence that the public is not currently using the roadway easement area does not justify vacation. See In re Petition of Krebs, 6 N.W.2d 803,804-05 (Minn. 1942). The critical question is whether use of the easement is possible, not whether it is necessary. Under Application of Baldwin, 15 N.W.2d 184, 187 (Minn. 1944), 94162 2 "useless for the purpose for which it was laid out" should not be given any restricted meaning. Courts should ascribe to it the well-accepted connotation: "not serving or not capable or serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose." "Evidence merely showing that the street is not preSently used is insufficient to show uselessness, because the future may hold a 'greater need for use of the street than now exists.'" In re Verbick, 607 N.W.2d at 150 (quoting In re Petition of Krebs, 6 N.W.2d at 804). Concerning T.H. 101, the Minnesota Department of Transportation saw a future need for a major north/south roadway and supported the additional 27 feet of right-of-way on either side of the existing right-of-way. As part of its Capital Investment Program, the City has budgeted funds in years 2019 and 2020 for the future upgrade of T.H. 101, from Pioneer Trail to Highway 169. The future clearly holds a greater need for the realignment of T.H. 101 than now exists.' The petitioners in Verbick owned platted city lots one through ten in Babbitt, Minnesota. Lots one, two and three are separated from the other seven lots by a semicircular unpaved city street, Iris Lane. Iris Lane is seldom used because all ten lots adjacent to the street are owned by the petitioners. The petitioners do not use Iris Lane, apart from the portion that leads to their driveway. The district court denied the petition for vacation. The Court of Appeals found that petitioners failed to establish that Iris Lane is no longer useful for the purpose for which it was laid out. The Court of Appeals noted the discretion that must be given to local governmental decision-making: In this case, the city council has made a legislative determination that retention of the public right-of-way is in the best interests of the residents of the city and that Iris Lane 94162 3 remains useful for the purpose for which it was laid out. This court should not lightly tamper with the collective wisdom of a city council that has made a legislative determination of public benefit in refusing to vacate a public street. In re Verbick, 607 N.W.2d at 151 (footnote omitted). Plaintiffs filed this lawsuit after the parties were unable to reach an agreement to voluntarily vacate the Highway 101 easement. The Chanhassen City Council has made a legislative determination that retention of the Highway 101 easement is in the best interests of the residents of the City and that it remains useful for the purpose for which it was laid out. Here, the City, County, and State are all aware that sometime in the future Highway 101 will be realigned and widened. The City expects this to happen within the next 20 years. The City has budgeted for the T.H. 101 upgrade in 2019 and 2020. This Court should not "lightly tamper" with the City's legislative determination of public benefit. III. By recording the final plat, Plaintiffs waived any right to challenge the easement agreement. Developers must challenge any condition for subdivision approval before recording the final plat. The instant action is controlled by Crystal Green v. City of Crystal, 421 N.W.2d 393 (Minn. App. 1988), review denied (Minn. May 25, 1988). Crystal Green was required, as part of the governmental approval process, to dedicate part of its parcel to the city for future use as a frontage road. Id. at 393. Crystal Green objected at public hearings, but agreed to dedicate the land "under protest." Id._~. at 394. The plat, with the required dedication, was then filed with the registrar of deeds. Id. Crystal Green then applied for a writ of mandamus to require the city to initiate condemnation proceedings for the alleged taking of the dedicated property. Id. In deciding against Crystal Green, the court of appeals held that 94162 4 [d]evelopers must challenge dedications prior to final plat approval and registration in order to assure f'mality of dedication, give municipalities an opportunity to change their requirements if the requirements are unreasonable, and prevent municipalities from being sued by developers when the only remedy available to a losing municipality is payment. .Id. at 395; see also County of Hennepin v. Begin, 443 N.W.2d 860, 863 (Minn. App. 1989) (holding dedication of land was effective when final plat was filed). Here, Plaintiffs argue that granting the Highway 101 easement is equivalent to dedicating the same on the plat. They cannot now, ten years later, contest the required dedication. IV. Plaintiffs' claims are barred by a six-year statute of limitations. Six-year statutes of limitation govern Plaintiffs' claims.' No matter how the Court . analyzes Plaintiffs' claims, the result is the same. Plaintiffs' claims are time-barred. If the : claim is analyzed under contract law, e.g., rescission, then Plaintiffs would be barred by the six-year statute of limitations on breach of contract claims, Under Minn. Stat. § 541.05. Ifthe Court views Plaintiffs' claim as a regulatory taking claim, which "occurs where a governmental body conditions some discretionary benefit on compliance with an otherwise unconstitutional regulation," Naegele Outdoor AdVertising Company of Minneapolis v. City of Lakeville, 532 N.W.2d 249, 252 (Minn. App. 1995), review denied (Minn. July 20, 1995), then Plaintiffs' remedy is an inverse condemnation claim. In actions for inverse condemnation, the statute of limitations is six years from the date of taking. Power & Light Co., 400 N.W.2d 732 (Minn. 1987). Beer v. Minnesota CONCLUSION Defendant City of Chanhassen respectfully requests that this Court deny Plaintiffs' petition to vacate the Highway 101 easement. Dated: June 4, 2001. CAMPBELL KNUTSON Professional Association - I' Thomas M. Scott,//98498 Attorneys for Defendant City of Chanhassen 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 94162 6 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL. Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00-1010 Petitioners/Plaintiffs, VS. The City of Chanhassen, its Mayor, as well as other citizens or property owners affected, FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT AND JUDGMENT Respondents/Defendants. The above-captioned matter came on for hearing before the undersigned Judge of District Court, sitting without a jury, on May 21, 2001, at the Carver County Courthouse, Chaska, Minnesota. Attorney Phillip R. Krass represented Plaintiffs; Attorney Thomas M. Scott represented Defendants. Plaintiffs previously petitioned this Court to vacate certain portions of the official plats of Great Plains Golf Estates and Halla Great Plains Addition. The Court granted the petition by order dated July 8, 2000. Plaintiffs now request that this Court require Defendants to transfer back and release to Plaintiffs an easement dated November 21, 1990, and recorded April 9, 1991, as Document No. 122911 (Highway 101 easement) 94155 1 (except for the portion of the easement contained in the unvacated portion of Halla Great Plains Addition). At the trial of this matter, the parties stipulated that the December 9, 1994 storm drainage easement by and between Mark D. Halla and Kay M. Halla, as Grantors to the City of Chanhassen, Grantee, recorded December 22, 1994, as Document No. 175569 (Trial Exhibit 1, Tab 19) would remain and the March 12, 1996 public drainage and ponding easement by and between Mark D. Halla and Kay M. Halla, as Grantors to the City of Chanhassen, Grantee, recorded April 17, 1996, as Document No. 193916 (Trial Exhibit 1, Tab 21) would be vacated. The Court, having considered the evidence adduced at trial, together with the memoranda and argument of counsel, and upon all the files, records, and proceedings herein, now make the following FINDINGS OF FACT le On July 6, 1987, the Chanhassen City Council gave preliminary plat approval to Plaintiff Don Halla's proposed 37-Iot residential subdivision to be known as Great Plains Golf Estates. 2. On July 10, 1989, the Chanhassen City Council approved the final plat for Great Plains Golf Estates. 3. On April 9, 1991, the Great Plains Golf Estates official plat was recorded with the Carver County Recorder as Document No. 122910. This subdivision consisted 94155 2 of three new residential lots, leaving the balance of the property platted into three large outlots. 4. As a condition of plat approval, Plaintiff Don Halla was required to convey to the City an easement for roadway purposes for the future upgrading of Highway 101, a north/south thoroughfare, which dissects the plat. 5. On November 21, 1990, Plaintiff Don Halla and his wife, Sandra Cwayna Halla, executed the Highway 101 easement, which was delivered to the City and recorded on April 9, 1991 as Document No. 122911. 6. On October 23, 1995, the Chanhassen City Council approved the final plat of Halla Great Plains Addition which subdivided Outlot A and Outlot B of the original Great Plains Golf Estates into individual lots and blocks. 7. On April 17, 1996, the HallaGreat Plains Addition official plat was recorded with the Carver County Recorder as Document No. 193913. The 35-1ot plat consisted of 18 lots located west of Highway 101 (Block 1, Lots 1 to 18) and 17 lots located east of Highway 101 (Block 2, Lots 1 to 9; Block 3, Lots 1 and 2; Block 4, Lots 1 and 2; Block 5, Lots 1 to 3; and Block 6, Lot 1). 8. The approval of the Halla Great Plains Addition plat was conditioned upon Plaintiff Don Halla constructing public streets and storm sewer improvements to service the residential lots. 94155 3 9. Plaintiff Don Halla subsequently installed the streets and storm sewer serving Block 1, Lots 1 to 9, located on the west side of Highway 101. Plaintiff Don Halla never constructed the other streets and storm sewer improvements for the other portions of the now vacated plat. 10. Plaintiffs herein petitioned and the Court on July 8, 2000, entered its order vacating a portion of the plat of Halla Great Plains Addition. The City did not object to the vacation, pursuant to the agreement of the parties that the vacation did not in any way prejudice the City's position relating to the Highway 101 easement. 11. The Minnesota Department of Transportation (MnDOT) supported the requirement of the Highway 101 easement as a condition of the Great Plains Golf Estates plat. In a letter dated June 19, 1990, James T. Povich, MnDOT assistant district engineer, stated in relevant part: In January of 1987, MN/DOT commented to the City on this plat as part of the normal plat review process. In that letter, we noted that we have no long range plans for T.H. 101 in this area other than to turn it back to local jurisdiction. We saw a need for a major north/south roadway to serve the needs of the local area, and therefore suggested that an additional 27 feet of right of way either side of the existing right of way be dedicated to roadway use. Our position remains the same now as it was in 1987. We still believe that at some point T.H. 101 will need to be widened. We do not have, nor do we plan any projects on T.H. 101 to widen the roadway. At some point, we will most likely turn the highway back to the city or county. The city or county may wish to upgrade T.H. 101. 94155 4 12. After Plaintiff Don Halla objected to the alignment of the Highway 101 easement, City staff reconsidered the alignment. At its July 23, 1990 meeting, the City Council approved the current alignment based upon input from Plaintiff Don Halla, MNDot and the City Engineer. 13. As part of the City's Capital Investment Program, the City has budgeted funds for the overall upgrade and improvement of T.H. 101, from Pioneer Trail to Highway 169, in 2019 and 2020. CONCLUSIONS OF LAW 1. The Highway 101 easement was conveyed by-a separate document rather than dedicated on the plat. Minn. Stat. § 505.14 does not apply. 2. The Highway 101 easement would not have been vacated as part of the partial plat vacation. ge The Highway 101 easement is not useless for the purpose- for which it was obtained. It is capable of serving a valuable purpose. 4. By recording the f'mal plat, Halla waived any right to challenge the easement agreement. 5. The easement document does not require the City to reconvey the easement. 6. Plaintiffs' claims are barred by a six-year statute of limitations. 7. Plaintiff is not entitled to rescission of the easement. 94155 5 ORDER FOR JUDGMENT Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered that Plaintiff's claim regarding the Highway 101 easement is dismissed in its entirety. LET JUDGMENT BE ENTERED ACCORDINGLY Dated this~ day of June, 2001. BY THE COURT Jean A. Davies Judge of District Court 94155 6 690 C~ Center Drivt PO Box 147 >anhassen, Minnesota 55317 95293Z1900 General Fax ~52.937.5739 :,ngineedng Deparm~t Fax 952.937.9152 Building D~rr,~t £~ 952.934_2524 ~b Site www. cLcha,hasso:.mn, us May 30, 2001 Dr. James Cooper The Canada Goose Project 2195 Dudley Avenue St. Paul MN 55108 Dear Jim: This letter is to confirm the City of Chanhassen's desire to be involved in the Goose Removal Program for 2001. I am hearing comments about excessive populations in the traditional spots, including Lotus Lake, Lake Minnewashta, Near Mountain, and the Woods at Longacres. Feel free to contact me if you require assistance with coordination or population surveying efforts. Sincerely, Todd Hoffman Park and Recreation Director TH:gmb C: Mayor and City Council Park and Recreation Commission File: RA-192 Goose Removal Program G:¥ark\th\CooperGooseRemovalLetter CITYOF CHANH SEN 690 Gty Coner Ddve 20 Box 147 Chanhassen, Minnesota 55317 Phone 952.93~ 1900 G~:vd F~ 952.93Z5739 En~neMng D~a~t f~ 952.93~9~52 B~'ng Dep~:o~t F~ 952934.2524 ~b Site wwu~ cL chan/~se~L mn. z TO: FROM: Jerry Ruegemer, Recreation Superintendent Todd Hoffman, Park and Recreation Director DATE: June 5, 2001 SUB J: Commendation Jerry, congratulations on the receipt of an MRPA Award of Excellence for the Dave Huffman 5K Memorial Run! Your leadership in coordinating this event is commendable. By joining together the individual'contributions of multiple sponsors, you have guaranteed the success of the race. Dave would be proud! Good Work! C: Todd Gerhardt, Acting City Manager , Mayor and City Council. Park and Recreation Commission Personnel file :\park\thXcommendation-jr