1b. Stipulation Agreement Ward property C ITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
1 TO: Mayor and City Council
' FROM: Don Ashworth, City Manager
DATE: September 14, 1992
SUBJ: Approval of Stipulation Agreement, Ward Property, Highways 101 and 5
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Approval of the attached Stipulation Agreement as proposed by the City Attorney's office is
recommended.
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t4: PRINTED ON RECYCLED PAPER
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. RECEIVEn
Attorneys at Law AUG 6 1992
I Thoma. 1 Campbell Cell el ry 0 , H i4SSEt�
I ( 612) 452 - 500000
Ro,cr N t:nut.oil
Fax (612) 52 -555
Thomas 11 Scott
I Gar} G Fuch.
James R. Walston
Elliott B Knetsch August 20, 1992
Ivi chael A. Broback
Renac D Steiner
CCI
Mr. James P. Larkin
I LARKIN, HOFFMAN, DALY & LINDGREN
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
II Re: Court File No. 91- 27995// Our File #12668/161A.2
City of Chanhassen -vs- Ward Estate, et al
II Dear Jim:
II Enclosed herewith please find a draft of the proposed
settlement documents in the above - referenced matter, together with
a draft of a SECOND AMENDED PETITION and a Stipulation regarding
the Second Amended Petition.
1 I believe the settlement documents accurately set forth our
agreement regarding settlement of the Ward condemnation matter. If
I you agree, please have Mr. Raidt sign them on behalf of the Estate
and return them to me. I will then see that they are submitted to
the City Council for approval at the next Council meeting and we
can then issue a check for payment of the amount.
II The Stipulation to the Second Amended Petition and the Second
Amended Petition are for the purpose of adding the last two parcels
1 of property as occurred in the very last week or so of the
proceeding. Specifically, Parcels Seven and Eight that are
identified in the legal description are the two parcels that are
I added. I request that you sign the Stipulation to the Second
Amended Petition and return the copy to me so that I may file it
all with the Court.
II
II
II Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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Mr. James P. Larkin 1
August 20, 1992
Page 2 1
If you have any questions about any of the above, or require
Y q Y � Q
any additional information or changes, please contact me.
Best personal regards.
Very truly yours, 1
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A. 1
By:
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GGF:clk Gary G. Fuchs
Enclosures
c: Mr. Don Ashworth (w /enc.) 1
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J Camrhell (612) 452-5000
Roger N Knutson Fax (612) 452.5550
' Thomas M Scour
Gary G Fuchs
James R. Walston
Elliott B. Knetsch August 20, 1992
Michael A. Brohack
' Renae D. Steiner
al) D
Mr. Michael A. Fahey
CARVER COUNTY ATTORNEY
600 East Fourth Street
Chaska, MN 55318
Re: Court File No. 91- 27995// Our File #12668/161A.2
City of Chanhassen -vs- Ward Estate, et al
Dear Mr. Fahey:
Enclosed herewith please find a SECOND AMENDED PETITION in the
above - referenced matter and CONSENT OF SECOND AMENDED PETITION that
I have prepared for your signature. This is a condemnation matter
by the City of Chanhassen for the rerouting of Highway 101 through
Chanhassen. The purpose of the amendment to the Petition is to add
' additional land for trailway easements along Highway 101.
I request that you sign the Consent to the Amended Petition
and return the same to me. If you have any questions, please feel
free to call me.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
By : /5/
Gary G. Fuchs
GGF:clk
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Enclosure
c: Mr. Don Ashworth (w /enc.)
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Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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STATE OF MINNESOTA ( fl(f; D IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
vs. CONSENT OF SECOND
AMENDMENT TO PETITION
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, John Doe, Mary Roe,
and Carver County,
Respondents.
Michael A. Fahey, Carver County Attorney and counsel for
Respondent Carver County, hereby consents to the Second Amendment 1
of the Petition by the City of Chanhassen, which SECOND AMENDED
PETITION was signed on , 1992, by counsel for the
Petitioner.
Dated: August , 1992.
CARVER COUNTY
By:
MICHAEL A. FAHEY, #28071
Carver County Attorney
600 East Fourth Street
Chaska, MN 55318
Phone: (612) 448 -1200
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II STATE OF MINNESOTA O Ini7 IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
1 CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a Minnesota
I I municipal corporation,
Petitioner,
II vs. STIPULATION TO SECOND
AMENDED PETITION
Estate of Martin J. Ward, a /k /a
II
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
II Ward, John Doe, Mary Roe,
and Carver County,
II Respondents.
Petitioner CITY OF CHANHASSEN, a Minnesota municipal
1 corporation, by and through its attorney, Gary G. Fuchs of
II Campbell, Knutson, Scott & Fuchs, P.A., and Respondents Estate of
Martin J. Ward, a /k /a M. J. Ward, Estate of Emily Torpey, Austin T.
II Ward, William J. Ward, John Ward, Donna Ward and Mary Ellen Ward,
by and through their attorney, James P. Larkin of Larkin, Hoffman,
1 Daly & Lindgren, Ltd., hereby stipulate that the Petition in the
1 above- entitled matter may be amended as set forth in the document
entitled SECOND AMENDED PEETITION and signed by counsel for the
II Petitioner on August /v , 1992.
II Dated: , 1992. Dated: August if , 1992.
LARKIN, HOFFMAN, DALY CAMPBELL, KNUTSON, SCOTT
1 & LINDGREN, LTD. & FUCHS, %.A.
By: By:
I JANES P. LARKIN, #60227 GARY � VJ FU S #32566
Northwestern Financial Ctr. 317 E- 4 / - - a •ff ce Center
7900 Xerxes Avenue South 1380 `o••orat: C- ter Curve
1 Bloomington, MN 55431 Eag•: , N 551 1
Phone: (612) 835 -3800 Phone:' (612) 452 -5000
ATTORNEYS FOR RESPONDENTS ATTORNEYS FOR PETITIONER
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STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a
Minnesota municipal corporation, 1
Petitioner,
vs. 1
STIPULATION OF SETTLEMENT
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, Northern States Power Company 11 and Carver County,
Respondents.
The above - entitled matter, having been fully compromised and
settled, the parties stipulate, by and through their respective
counsel, to the entry of judgment based on the Settlement
Agreement between the parties hereto, dated of even date
herewith, and further stipulate that upon entry of judgment these
proceedings, have, for all purposes under Minnesota Statutes
Chapter 117, been completed.
Dated: August /c/ , 1992. , 1992. 1
CAMPBELL, KNUTSON, SCOTT LARKIN, HOFFMAN, DALY
& FUCHS, '.A. / & LINDGREN, LTD.
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By: S By :
GA'_ G FU�„ , #32566 JAMES P. LARKIN, #60227 1
• e '•317 1500 Northwestern Financial Ctr.
il0 Corp. at- Center Curve 7900 Xerxes Avenue South
=•an, MN 5121 Bloomington, MN 55431
:lephone: (612) 452 -5000 Telephone: (612) 835 -3800
ATTORNEYS FOR PETITIONER ATTORNEYS FOR RESPONDENTS
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11 STATE OF MINNESOTA Q IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
' CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
vs. SECOND AMENDED
PETITION
' Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
' Ward, John Doe, Mary Roe,
and Carver County,
Respondents.
TO THE ABOVE -NAMED COURT:
Petitioner respectfully represents and states to the Court:
Petitioner is a city duly organized, created and existing
under and by virtue of the laws of the State of Minnesota and is
located in Carver County, Minnesota.
' II.
' In the exercise of its governmental powers as a city,
Petitioner administrates, operates and maintains municipal roadway
facilities and utility systems which are in need of extension and
improvement.
The City Council of the City of Chanhassen has duly adopted
resolutions determining it is necessary to acquire the interests
and the land described on the attached "EXHIBIT A" for the purpose
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of constructing and maintaining thereon public roadway and utility
systems. II
IV.
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As of the date of this Petition, Petitioner is unable to
acquire the temporary and permanent easements by a negotiated
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purchase from the present owners thereof and it is therefore
necessary and in the public interest to acquire the same by eminent II
domain proceedings.
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V.
The interests to be taken herein by eminent domain proceedings ,
are in the City of Chanhassen, Carver County, Minnesota, and
legally described on the attached "EXHIBIT A," together with the II
names of all persons appearing of record or known to your
Petitioner to be the owners of the land or claiming an interest II
thereon.
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VI.
That with respect to the land described on "EXHIBIT A," it is
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the intention of Petitioner to proceed under Minnesota Statutes
Chapter 117 to take possession of the premises under Section II
117.042, the "quick- take" provision of said Statute. 1
VII.
Notwithstanding anything to the contrary contained herein, 1
should tests or evaluations undertaken by or on behalf of
Petitioner indicate the possible presence of pollutants, II
contaminants, or hazardous substances on any of the real estate II "
described in EXHIBIT A," Petitioner reserves the right to defer
effecting the transfer of the interest to any of the real estate as
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described in "EXHIBIT A," and pursuant to Minnesota Statutes
Chapter 117.01, et seq., for a reasonable time until Petitioner can
' evaluate whether it wishes to proceed with the taking, abandon
these proceedings and dismiss the Petition herein, or otherwise
' respond to such information.
WHEREFORE, Petitioner prays that such proceedings may be had
herein as are provided by law; that it be adjudged that the taking
by eminent domain proceedings is necessary and authorized by law
and that the use for which the property herein described is
' proposed to be taken is a public use; that three competent and
impartial persons, all residents of Carver County, be appointed as
commissioners to ascertain and report the amount of damages that
' will be sustained by the several owners or persons interested on
account of the above - described taking; that the time and place of
' the first meeting and the compensation of the commissioners be
fixed; and that such further and other orders be made herein as are
necessary pursuant to the statutes made and provided in such case.
' ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements
' and reasonable attorney and witness fees may be awarded pursuant to
Minn. Stat. §549.21 Subd. 2, to the party against whom the
allegations in this pleading are asserted.
Dated: August 6 , 1992. CAMPBELL, /TSON, SCOTT
& FUCHS , 4 .A.
' By: I
GARY % �!- C ., #32566
Att. 'ol ' etitioner
Su a #317
1 :0 , orpo : _te Center Curve
E -gan MN 121
Telep one: (612) 452 -5000
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EXHIBIT "A"
FEE TITLE ACQUISITION 1
All that part of:
The Southeast Quarter of the Northwest Quarter of Section 13,
Township 116, Range 23, Carver County, Minnesota, lying
southerly of the southerly right -of -way line of State Trunk
Highway No. 5,
and ,
Government Lot 2, Section 13, Township 116, Range 23, Carver
County, Minnesota,
(all of which is hereinafter referred to as "SUBJECT PARCEL ")
described in eight (8) separate parcels as follows: 1
DESCRIPTION OF PARCEL ONE
Said Parcel One is a strip of land 100.00. feet wide, the centerline II
of said strip being "LINE B ", described as follows:
Commencing at the northeast corner of CHANHASSEN LAKES
BUSINESS PARK SECOND ADDITION, according to the recorded plat
thereof; thence on an assumed bearing of South 00 degrees 43
minutes 05 seconds East, along the easterly line of said
CHANHASSEN LAKES BUSINESS PARK SECOND ADDITION for 248.24
feet; thence southerly and southeasterly for 789.78 feet along
a tangential curve concave to the east, radius 1125.00 feet
and central angle 40 degrees 13 minutes 23 seconds, to the
actual point of beginning of said "LINE B "; thence
southeasterly and southerly for 565.00 feet along a tangential
reverse curve, radius 1071.86 feet and central angle 30
degrees 12 minutes 06 seconds and said "LINE B" there
terminating.
DESCRIPTION OF PARCEL TWO ,
Said Parcel Two is a strip of land 80.00 feet wide, being 50.00
feet easterly and 30.00 feet westerly of "LINE C ", described as
follows:
Beginning at the terminus of said "LINE B "; thence continuing 11 southerly along the curve described by said "LINE B" for
148.60 feet radius 1071.86 feet and central angle 07 degrees
56 minutes 36 seconds to a point hereinafter described as
"POINT Y "; thence continue southerly along said curve for
70.00 feet, radius 1071.86 feet and central angle 03 degrees
44 minutes 31 seconds to an intersection with the northerly
extension of the centerline of State Trunk Highway No. 101, as 1
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II currently laid out and traveled and said "LINE C" there
terminating.
DESCRIPTION OF PARCEL THREE
II Said Parcel Three is a strip of land 60.00 feet wide, the
centerline of said strip being "LINE D ", described as follows:
II Beginning at the terminus of said "LINE C "; thence South 00
degrees 56 minutes 45 seconds West, along said northerly
extension and said centerline of State Trunk Highway No. 101
I for 347.46 feet; thence southerly and southwesterly for 292.59
feet along said centerline along a tangential curve concave to
the west, radius 572.96 feet and central angle 29 degrees 15
minutes 32 seconds to the southerly line of said Government
Lot 2 and said "LINE D" there terminating.
I DESCRIPTION OF PARCEL FOUR
Said Parcel Four is a strip of land 50.00 feet wide, the centerline
of said strip being "LINE E ", described as follows:
II Beginning at said "POINT Y "; thence on a bearing of EAST for
75.54 feet; thence easterly and northeasterly for 156.08 feet
II along a tangential curve concave to the north, radius 200.00
feet and central angle 44 degrees 42 minutes 50 seconds to the
centerline of State Trunk Highway No. 101 as currently laid
out and traveled; thence northeasterly for 210.00 feet along
I said centerline of State Trunk Highway No. 101 and said
"LINE E" there terminating.
11 DESCRIPTION OF PARCEL FIVE
Said Parcel Five is a strip of land 20.00 feet wide, the centerline
I of said strip being described as follows:
Commencing at a point in said "LINE E" distant 231.82 feet
northeasterly from the point of beginning of said "LINE E ", as
II measured along said "LINE E "; thence North 45 degrees 17
minutes 10 seconds East for 18.38 feet to the actual point of
beginning; thence North 44 degrees 52 minutes 10 seconds West
II for 75.00 feet and there terminating.
DESCRIPTION OF PARCEL SIX
II Said Parcel Six is a strip of land 20.00 feet wide, the centerline
of said strip being described as follows:
11 Commencing at a point in said "LINE E" distant 231.82 feet
northeasterly from the point of beginning of said "LINE E ", as
measured along said "LINE E "; thence North 45 degrees 17
II minutes 10 seconds East for 18.38 feet to the actual point of
beginning; thence South 44 degrees 52 minutes 10 seconds East
for 90.00 feet; thence South 00 degrees 07 minutes 50 seconds
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West for 155 feet, more or less, to the shoreline of Riley
Creek and there terminating. 1
DESCRIPTION OF PARCEL SEVEN
Said Parcel Seven is all that part of the hereinabove described ,
SUBJECT PARCEL lying westerly of said Parcels One, Two and Three
and lying northerly of that certain Public Trail Easement described
in Document Number 133500, files of the County Recorder, Carver 11 County, Minnesota, and which lies southeasterly and easterly of the
following described line:
Commencing at the point of beginning of said "LINE B;" thence
South 49 degrees 03 minutes 32 seconds West for 50.00 feet to
the actual point of beginning; thence continue South 49 II degrees 03 minutes 32 seconds West for 7.47 feet; thence South
07 degrees 28 minutes 14 seconds East for 115.52 feet; thence
South 26 degrees 33 mintues 05 seconds East for 92.92 feet;
thence South 34 degrees 58 Minutes 55 seconds East for 232.82
feet; thence South 12 degrees 28 minutes 47 seconds East for
228.43 feet; thence South 40 degrees 08 minutes 51 seconds
West for 23.53 feet; thence South 02 degrees 00 minutes 11 11 seconds East for 213.26 feet to the northerly line of said
Public Trail Easement and there terminating.
DESCRIPTION OF PARCEL EIGHT
Said Parcel Eight is all that part of the hereinabove described
SUBJECT PARCEL lying northeasterly of said Parcel One and
southwesterly of a line concentric with and distant 80.00 feet
northeasterly of said "LINE B" from its point of beginning to a
point distant 262.00 feet southeasterly from said point of
beginning, as measured along said "LINE B;" and, also all that part
of the hereinabove described SUBJECT PARCEL lying northeasterly of
said Parcel One and southwesterly of a line concentric with and
distant 65.00 feet northeasterly of said "LINE B" from a point on
said "LINE B" distant 262.00 feet southwesterly from the point of
beginning of said "LINE B," as measured along said "LINE B," to the '
terminus of said "LINE B."
TEMPORARY CONSTRUCTION EASEMENTS ,
A strip of land 230.00 feet wide, being 110.00 feet easterly and
120.00 feet westerly of "LINE B" as described in Parcel One; and
A strip of land 150.00 feet wide, being 90.00 feet easterly and
60.00 feet westerly of "LINE C" and "LINE D" as those Lines are
described in Parcel Two and Parcel Three; and
A strip of land 150.00 feet wide, being 90.00 feet southerly and
60.00 feet northerly of "LINE E" as described in Parcel Four. 1
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11 Temporary Construction Easements to expire December 31, 1992.
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward Fee Owners
1 Carver County Taxing Authority
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STATE OF MINNESOTA CX7/ D IN DISTRICT COURT
C O UNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a
Minnesota municipal corporation, 1
Petitioner,
vs.
SETTLEMENT AGREEMENT
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, Northern States Power Company
and Carver County,
Respondents.
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This SETTLEMENT AGREEMENT is made by and between PETITIONER,
THE CITY OF CHANHASSEN (hereinafter "Petitioner "), and RESPONDENTS '
ESTATE OF MARTIN J. WARD a /k /a M. J. WARD, ESTATE OF EMILY TORPEY,
AUSTIN T. WARD, WILLIAM J. WARD, JOHN WARD, DONNA WARD and MARY I/
ELLEN WARD.'
R E C I T A L S
A. Petitioner commenced this eminent domain proceeding
seeking to acquire fee title and temporary construction easements ,
to property owned by the Estate of Martin J. Ward (hereinafter
"Ward Estate "). The property owned by the Ward Estate that is the ,
subject of this proceeding is legally described as:
FEE TITLE ACQUISITION
All that part of: 1
The Southeast Quarter of the Northwest Quarter of Section 13,
Township 116, Range 23, Carver County, Minnesota, lying
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I/ southerly of the southerly right -of -way line of State Trunk
Highway No. 5,
and
Government Lot 2, Section 13, Township 116, Range 23, Carver
County, Minnesota,
(all of which is hereinafter referred to as "SUBJECT PARCEL ")
1 described in eight (8) separate parcels as follows:
DESCRIPTION OF PARCEL ONE
1 Said Parcel One is a strip of land 100.00 feet wide, the centerline
of said strip being "LINE B ", described as follows:
11 Commencing at the northeast corner of CHANHASSEN LAKES
BUSINESS PARK SECOND ADDITION, according to the recorded plat
thereof; thence on an assumed bearing of South 00 degrees 43
minutes 05 seconds East, along the easterly line of said
CHANHASSEN LAKES BUSINESS PARK SECOND ADDITION for 248.24
feet; thence southerly and southeasterly for 789.78 feet along
a tangential curve concave to the east, radius 1125.00 feet
and central angle 40 degrees 13 minutes 23 seconds, to the
actual point of beginning of said "LINE B "; thence
southeasterly and southerly for 565.00 feet along a tangential
reverse curve, radius 1071.86 feet and central angle 30
degrees 12 minutes 06 seconds and said "LINE B" there
terminating.
11 DESCRIPTION OF PARCEL TWO
Said Parcel Two is a strip of land 80.00 feet wide, being 50.00
' feet easterly and 30.00 feet westerly of "LINE C ", described as
follows:
Beginning at the terminus of said "LINE B "; thence continuing
southerly along the curve described by said "LINE B" for
148.60 feet radius 1071.86 feet and central angle 07 degrees
56 minutes 36 seconds to a point hereinafter described as
"POINT Y "; thence continue southerly along said curve for
70.00 feet, radius 1071.86 feet and central angle 03 degrees
44 minutes 31 seconds to an intersection with the northerly
11 extension of the centerline of State Trunk Highway No. 101, as
currently laid out and traveled and said "LINE C" there
terminating.
1 DESCRIPTION OF PARCEL THREE
Said Parcel Three is a strip of land 60.00 feet wide, the
centerline of said strip being "LINE D ", described as follows:
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Beginning at the terminus of said "LINE C "; thence South 00
degrees 56 minutes 45 seconds West, along said northerly
extension and said centerline of State Trunk Highway No. 101
for 347.46 feet; thence southerly and southwesterly for 292.59
feet along said centerline along a tangential curve concave to
the west, radius 572.96 feet and central angle 29 degrees 15
minutes 32 seconds to the southerly line of said Government
Lot 2 and said "LINE D" there terminating. 1
DESCRIPTION OF PARCEL FOUR
Said Parcel Four is a strip land 50.00 feet wide, the centerline '
of said strip being LINE E", , described as follows:
Beginning at said "POINT Y "; thence on a bearing of EAST for
75.54 feet; thence easterly and northeasterly for 156.08 feet
along a tangential curve concave to the north, radius 200.00
feet and central angle 44 degrees 42 minutes 50 seconds to the
centerline of State Trunk Highway No. 101 as currently laid
out and traveled; thence northeasterly for 210.00 feet along
said centerline of State Trunk Highway No. 101 and said
"LINE E" there terminating.
DESCRIPTION OF PARCEL FIVE
Said Parcel Five is a strip of land 20.00 feet wide, the centerline 1
of said strip being described as follows:
Commencing at a point in said "LINE E" distant 231.82 feet 1
northeasterly from the point of beginning of said "LINE E ", as
measured along said "LINE E "; thence North 45 degrees 17
minutes 10 seconds East for 18.38 feet to the actual point of
beginning; thence North 44 degrees 52 minutes 10 seconds West
for 75.00 feet and there terminating.
DESCRIPTION OF PARCEL SIX '
Said Parcel Six is a strip of land 20.00 feet wide, the centerline
of said strip being described as follows:
Commencing at a point in said "LINE E" distant 231.82 feet
northeasterly from the point of beginning of said "LINE E ", as
measured along said "LINE E "; thence North 45 degrees 17
minutes 10 seconds East for 18.38 feet to the actual point of
beginning; thence South 44 degrees 52 minutes 10 seconds East
for 90.00 feet; thence South 00 degrees 07 minutes 50 seconds
West for 155 feet, more or less, to the shoreline of Riley
Creek and there terminating.
DESCRIPTION OF PARCEL SEVEN
Said Parcel Seven is all that part of the hereinabove described
SUBJECT PARCEL lying westerly of said Parcels One, Two and Three
and lying northerly of that certain Public Trail Easement described
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11 in Document Number 133500, files of the County Recorder, Carver
County, Minnesota, and which lies southeasterly and easterly of the
following described line:
Commencing at the point of beginning of said "LINE B;" thence
South 49 degrees 03 minutes 32 seconds West for 50.00 feet to
the actual point of beginning; thence continue South 49
' degrees 03 minutes 32 seconds West for 7.47 feet; thence South
07 degrees 28 minutes 14 seconds East for 115.52 feet; thence
South 26 degrees 33 mintues 05 seconds East for 92.92 feet;
' thence South 34 degrees 58 Minutes 55 seconds East for 232.82
feet; thence South 12 degrees 28 minutes 47 seconds East for
228.43 feet; thence South 40 degrees 08 minutes 51 seconds
West for 23.53 feet; thence South 02 degrees 00 minutes 11
seconds East for 213.26 feet to the northerly line of said
Public Trail Easement and there terminating.
1 DESCRIPTION OF PARCEL EIGHT
Said Parcel Eight is all that part of the hereinabove described
SUBJECT PARCEL lying northeasterly of said Parcel One and
southwesterly of a line concentric with and distant 80.00 feet
northeasterly of said "LINE B" from its point of beginning to a
' point distant 262.00 feet southeasterly from said point of
beginning, as measured along said "LINE B;" and, also all that part
of the hereinabove described SUBJECT PARCEL lying northeasterly of
said Parcel One and southwesterly of a line concentric with and
distant 65.00 feet northeasterly of said "LINE B" from a point on
said "LINE B" distant 262.00 feet southwesterly from the point of
beginning of said "LINE B," as measured along said "LINE B," to the
terminus of said "LINE B."
TEMPORARY CONSTRUCTION EASEMENTS
A strip of land 230.00 feet wide, being 110.00 feet easterly and
' 120.00 feet westerly of "LINE B" as described in Parcel One; and
A strip of land 150.00 feet wide, being 90.00 feet easterly and
60.00 feet westerly of "LINE C" and "LINE D" as those Lines are
described in Parcel Two and Parcel Three; and
A strip of land 150.00 feet wide, being 90.00 feet southerly and
1 60.00 feet northerly of "LINE E" as described in Parcel Four.
Temporary Construction Easements to expire December 31, 1992.
1 (hereinafter the "Subject Property ").
B. Respondents Estate of Emily Torpey, Austin T. Ward,
William J. Ward, John Ward, Donna Ward and Mary Ellen Ward are all
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of the beneficiaries of the Estate of Martin J. Ward (hereinafter 1
"Ward Beneficiaries ").
C. Petitioner and the Ward Estate and the Ward Beneficiaries ,
wish to resolve this eminent domain proceeding and the City's
obligations for compensation and, in furtherance of that desire,
enter into this Settlement Agreement. '
SETTLEMENT AGREEMENT ,
In consideration of the terms, covenants, conditions and
payments as set forth herein, and for other good and valuable ,
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of Chanhassen, by and through its Mayor and
City Manager, and the Estate of Martin J. Ward, by and through the
Personal Representative of the Estate, HEREBY AGREE AS FOLLOWS:
1. This Settlement Agreement is full and final settlement of 1
any and all claims for compensation, damages, expenses and losses
of any kind that may have been sustained by, or incurred by, the 1
Ward Estate and the Ward Beneficiaries, known or unknown, as a
result of the City's eminent domain proceeding acquire fee title
and temporary easements to the Subject Property as that property is '
described above.
2. Petitioner shall pay to the Estate of Martin J. Ward the
sum of Two Hundred Seventy -one Thousand and no /100 ($271,000.00)
Dollars as full and final compensation for all condemnation 1
damages, fees, benefits and costs. The Ward Estate acknowledges
the prior receipt of the sum of One Hundred Six Thousand and no /100
($106,000.00) Dollars and acknowledges that the balance due for 1
1
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II full payment of all compensation is One Hundred Sixty -five Thousand
and no /100 ($165,000.00) Dollars, which sum shall be paid upon
II final execution of this Settlement Agreement by the parties hereto.
3. Upon payment of the amount of $165,000.00.00 in
1 accordance with paragraph 2 above, Petitioner may file with the
Carver County District Court the Stipulation of Settlement, a true
I
and correct copy of which is marked as "EXHIBIT A," is attached
1 hereto and is incorporated herein by reference, and a Final
Certificate, a true and correct copy of which is marked as
II "EXHIBIT B," is attached hereto and incorporated herein and may
file with the Carver County Recorder's office a certified copy of
1 the Final Certificate.
II This Agreement is made effective the day of
, 1992.
II CITY OF CHANHASSEN
1 By:
DONALD J. CHMIEL, Mayor
II B.
Y
DON ASHWORTH, City Manager
II
1 ESTATE OF MARTIN J. WARD
•
1 By:
JEROME G. RAIDT
Personal Representative
II
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STATE OF MINNESOTA IN DISTRICT COURT 1
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
II
Court File No. 91 -27995
City of Chanhassen, a
Minnesota municipal corporation, 1
Petitioner,
vs. 1
STIPULATION OF SETTLEMENT
Estate of Martin J. Ward, a /k /a 11 M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, Northern States Power Company
II
and Carver County,
Respondents.
II
The above - entitled matter, having been fully compromised and
settled, the parties stipulate, by and through their respective
I
counsel, to the entry of judgment based on the Settlement
Agreement between the parties hereto, dated of even date
herewith, and further stipulate that upon entry of judgment these
proceedings, have, for all purposes under Minnesota Statutes
Chapter 117, been completed.
Dated: August ! , 1992. , 1992. 1
CAMPBELL, K.UTSON, SCOTT LARKIN, HOFFMAN, DALY
& FUCHS, '.A. Ao r & LINDGREN, LTD. 1
By: 414 td /.5-
By
GA' / FUv #32566 JAMES P. LARKIN, #60227 II
e #317 1500 Northwestern Financial Ctr.
:0 Corp. at Center Curve 7900 Xerxes Avenue South II i •an, MN 55121 Bloomington, MN 55431
lephone. (612) 452 5000 Telephone: (612) 835 -3800
ATTORNEYS FOR PETITIONER ATTORNEYS FOR RESPONDENTS
1
1
1
EXHIBIT A 1
1
1
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a
Minnesota municipal corporation,
Petitioner,
1 vs.
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, Northern States Power Company
and Carver County,
Respondents.
1
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
' FOR PUBLIC PURPOSES
* * * * * * * * * * * * * * * * * * * * * * * * * *
' FINAL CERTIFICATE
* * * * * * * -* * * * * * * * * * * * * * * * * * *
1 By authority of Minnesota Statutes Section 117.205, I hereby
certify that the rights herein described have been taken by the
City of Chanhassen in eminent domain proceedings in conformity with
the requirements of Chapter 117 of said statutes; that
Commissioners were duly appointed by the Court to ascertain and
report the amount of damages sustained by the Respondents on
account of such taking; that said Commissioners were qualified to
serve as Commissioners; that prior to the completion of the
Commissioners hearing evidence on compensation, the Petitioner and
Respondents negotiated a Settlement Agreement determining full
compensation for damages sustained by the Respondents; that the
EXHIBIT B -1
1
Settlement Agreement was submitted to the District Court for 1
approval; that the Settlement Agreement was approved by the Court
on , 1992; that all damages have been paid by the
City of Chanhassen; that said proceedings are now complete and that
the City of Chanhassen now holds an interest as set forth below
over the lands hereinafter described situated in the County of 1
Carver, State of Minnesota:
FEE TITLE ACQUISITION
TI UISITION Q
All that part of: 1
The Southeast Quarter of the Northwest Quarter of Section 13,
Township 116, Range=23, Carver County, Minnesota, lying
southerly of the southerly right -of -way line of State Trunk
Highway No. 5,
and ,
Government Lot 2, Section 13, Township 116, Range 23, Carver
County, Minnesota, 1
(all of which is hereinafter referred to as "SUBJECT PARCEL ")
described in eight (8) separate parcels as follows: 1
DESCRIPTION OF PARCEL ONE II Said Parcel One is a strip of land 100.00 feet: =wide, the centerline
of said strip being "LINE B ", described as follows:
Commencing at the northeast corner of CHANHASSEN LAKES 1
BUSINESS PARK SECOND ADDITION, according to the recorded plat
thereof; thence on an assumed bearing of South 00 degrees 43
minutes 05 seconds East, along the easterly line of said
CHANHASSEN LAKES BUSINESS PARK SECOND ADDITION for 248.24
feet; thence southerly and southeasterly for 789.78 feet along
a tangential curve concave to the east, radius 1125.00 feet
and central angle 40 degrees 13 minutes 23 seconds, to the
actual point of beginning of said "LINE B "; thence
southeasterly and southerly for 565.00 feet along a tangential
reverse curve, radius 1071.86 feet and central angle 30
degrees 12 minutes 06 seconds and said "LINE B" there
terminating.
EXHIBIT B -2 1
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DESCRIPTION OF PARCEL TWO
Said Parcel Two is a strip of land 80.00 feet wide, being 50.00
feet easterly and 30.00 feet westerly of "LINE C ", described as
11 follows:
Beginning at the terminus of said "LINE B "; thence continuing
' southerly along the curve described by said "LINE B" for
148.60 feet radius 1071.86 feet and central angle 07 degrees
56 minutes 36 seconds to a point hereinafter described as
"POINT Y "; thence continue southerly along said curve for
70.00 feet, radius 1071.86 feet and central angle 03 degrees
44 minutes 31 seconds to an intersection with the northerly
extension of the centerline of State Trunk Highway No. 101, as
currently laid out and traveled and said "LINE C" there
terminating.
DESCRIPTION OF PARCEL THREE
Said Parcel Three is a strip of land 60.00 feet wide, the
centerline of said strip being "LINE D ", described as follows:
Beginning at the terminus of said "LINE C "; thence South 00
degrees 56 minutes 45 seconds West, along said northerly
extension and said centerline of State Trunk Highway No. 101
for 347.46 feet; thence southerly and southwesterly for 292.59
feet along said centerline along a tangential curve concave to
the west, radius 572.96 feet and central angle 29 degrees 15
' minutes 32 seconds to the southerly line of said Government
Lot 2 and said "LINE D" there terminating.
DESCRIPTION OF PARCEL FOUR
Said Parcel Four is a strip of land 50.00 feet wide, the centerline
of said strip being "LINE E ", described as follows:
Beginning at said "POINT Y "; thence on a bearing of EAST for
75.54 feet; thence easterly and northeasterly for 156.08 feet
along a tangential curve concave to the north, radius 200.00
feet and central angle 44 degrees 42 minutes 50 seconds to the
centerline of State Trunk Highway No. 101 as currently laid
1 out and traveled; thence northeasterly for 210.00 feet along
said centerline of State Trunk Highway No. 101 and said
"LINE E" there terminating.
•
DESCRIPTION OF PARCEL FIVE
Said Parcel Five is a strip of land 20.00 feet wide, the centerline
of said strip being described as follows:
Commencing at a point in said "LINE E" distant 231.82 feet
11 northeasterly from the point of beginning of said "LINE E ", as
measured along said "LINE E "; thence North 45 degrees 17
minutes 10 seconds East for 18.38 feet to the actual point of
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1 EXHIBIT B -3
beginning; thence North 44 degrees 52 minutes 10 seconds West
for 75.00 feet and there terminating. 1
DESCRIPTION OF PARCEL SIX
Said Parcel Six is a strip of land 20.00 feet wide, the centerline 1
of said strip being described as follows:
Commencing at a point in said "LINE E" distant 231.82 feet '
northeasterly from the point of beginning of said "LINE E ", as
measured along said "LINE E "; thence North 45 degrees 17
minutes 10 seconds East for 18.38 feet to the actual point of
beginning; thence South 44 degrees 52 minutes 10 seconds East
for 90.00 feet; thence South 00 degrees 07 minutes 50 seconds
West for 155 feet, more or less, to the shoreline of Riley
Creek and there terminating.
DESCRIPTION OF PARCEL SEVEN
Said Parcel Seven is all that part of the hereinabove described
SUBJECT PARCEL lying westerly of said Parcels One, Two and Three
and lying northerly of that certain Public Trail Easement described
in Document Number 133500, files of the County Recorder, Carver
County, Minnesota, and which lies southeasterly and easterly of the
following described line:
Commencing at the point of beginning of said "LINE B;" thence
South 49 degrees 03 minutes 32 seconds West for 50.00 feet to
the actual point of beginning; thence continue South 49 II degrees 03 minutes 32 seconds West for 7.47 feet; thence South
07 degrees 28 minutes 14 seconds East for 115.52 feet; thence
South 26 degrees 33 mintues 05 seconds East for 92.92 feet;
thence South 34 degrees 58 Minutes 55 seconds East for 232.82
feet; thence South 12 degrees 28 minutes 47 seconds East for
228.43 feet; thence South 40 degrees 08 minutes 51 seconds
West for 23.53 feet; thence South 02 degrees 00 minutes 11
seconds East for 213.26 feet to the northerly line of said
Public Trail Easement and there terminating.
1
DESCRIPTION OF PARCEL EIGHT
Said Parcel Eight is all that part of the hereinabove described ,
SUBJECT PARCEL lying northeasterly of said Parcel One and
southwesterly of a line concentric with and distant 80.00 feet
northeasterly of said "LINE B" from its• point of beginning to a
point distant 262.00 feet southeasterly from said point of
beginning, as measured along said "LINE B;" and, also all that part
of the hereinabove described SUBJECT PARCEL lying northeasterly of
said Parcel One and southwesterly of a line concentric with and
distant 65.00 feet northeasterly of said "LINE B" from a point on
said "LINE B" distant 262.00 feet southwesterly from the point of
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EXHIBIT B -4
•
1 •
beginning of said "LINE B," as measured along said "LINE B," to the
11 terminus of said "LINE B."
Dated: August , 1992. CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
1
By:
GARY G. FUCHS, #32566
Attorneys for Petitioner
Suite #317
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER
AND /OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED
' COPY OF THE SAME FOR FILING WITH THE RECORDS OF CARVER COUNTY,
MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE - DESCRIBED
REAL PROPERTY, IF ANY.
Dated: , 1992.
BY THE COURT:
1
Judge of District Court
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
1
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
1
1 •
1
1
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1 EXHIBIT B -5
.
STATE OF MINNESOTA C (I) IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 2, Condemnation
Court File No. 91 -27995
City of Chanhassen, a
Minnesota municipal corporation,
Petitioner, 1
vs. ORDER FOR JUDGMENT
AND JUDGMENT
Estate of Martin J. Ward, a /k /a
M. J. Ward, Estate of Emily Torpey,
Austin T. Ward, William J. Ward,
John Ward, Donna Ward, Mary Ellen
Ward, Northern States Power Company
and Carver County, 1
Respondents.
1
The above - entitled matter came before the Court based on a
Settlement Agreement and a Stipulation of Settlement between 1
Petitioner CITY OF CHANHASSEN and the above -named Respondents. 1
Based on the Settlement Agreement and the Stipulation of
Settlement, the Court hereby orders that judgment be entered in 1
favor of Respondents in the amount of $271,000.00 and that such
judgment shall be paid in accordance with and pursuant to the terms 1
and conditions of the Settlement Agreement between the Petitioner
and Respondents dated , 1992.
LET JUDGMENT BE ENTERED ACCORDINGLY AND FORTHWITH. 1
Dated: , 1992. BY THE .COURT:
Judge of District Court 1
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1
J U D G M E N T
1
I hereby certify that the foregoing Order constitutes the
' Judgment in this matter.
Dated: , 1992.
1 CARVER COUNTY COURT ADMINISTRATOR
1 By:
Deputy
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