1g. Settlement agreement estate of Martin Ward � i
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thoma• 1 Campbell (612) 452-5000
Roger N Knut.on Fax (612) 45'_ 555
Thooma• \1 Scott
Gar \ G Fuch. -
lainc R. \X al.tom
' Elicit B. Knet.`h October 1, 1992
Michael A Fin,hacl.
Renae D Steiner Action by City Administrat
Endorsed ✓ 1 2
' jkiodi`e
Reiertr'
Mr. Todd Gerhardt
' City of Chanhassen s' :: e1 to Commission
690 Coulter Drive
Box #147
Dote v:'. r.irted to Council
Chanhassen, MN 55317
Re: City of Chanhassen vs.
Estate of Martin J. Ward, et al.
Dear Todd:
Enclosed herewith please find a Settlement Agreement in the
above referenced condemnation proceeding. Please place this
Settlement Agreement on the next City Council meeting agenda for
1 consideration and approval by the Council.
As you know, this particular condemnation proceeding was to
acquire the property necessary for the completion of rerouting
Highway 101 south of Highway 5 and through the Ward property and on
the east side of Lake Susan. addition to the highway area, we
also acquired areas for storm sewer drainage and we completed the
trailway easement along the north and east sides of Lake Susan and
extended it north along the west side of the new road.
' The settlement amount contained in the Settlement Agreement is
based on the award made by the Commissioners in the prior Ward
condemnation proceeding. Since the Commissioners who were to
consider compensation in this matter were essentially the same as
the Commissioners who considered compensation in the first Ward
proceeding, it seemed unnecessary to go through the expense of the
lengthy Commissioners' hearing and we simply agreed to recommend
' settlement of the matter based on the prior award.
Based on all of the above, we submit the Settlement Agreement
to the City Council for its consideration. We recommend approval
of the Settlement Agreement since the compensation being paid is
the same as that which was paid for the first half of this acqui-
sition.
In the event the City Council approves this Settlement Agree-
ment, please have the Mayor and Mr. Ashworth sign the document
RECEIVED
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagaii,; . 4N"381T99
CITY Lit- G -1. - iASSE N:
October 1, 1992
Page 2
where indicated on page 6 and return an executed copy of the
Settlement Agreement to me. In addition, please return to me a
' check in the amount of $165,000.00 payable to the Estate of Martin
J. Ward. That amount is full and final compensation of all amounts
due to the Ward Estate.
1 If you have any questions about any of this, please feel free
to call me.
1 Very truly yours,
CAMPBELL, KNUTSON, SCOTT
' & FUCHS, /A.
1 By: it '
Gar / .yFus -
1 GGF:rwg /
Enclosure
1
1
1
1
1
1
1
1
1
1
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT 1
Case Type: 2 /Condemnation
City of Chanhassen, a Court File No. 91 -27995 1
Minnesota municipal corporation,
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, John Doe, Mary Roe, and
Carver County,
Respondents. 1
This SETTLEMENT AGREEMENT is made by and between PETITIONER
THE CITY OF CHANHASSEN (hereinafter "Petitioner"), and RESPONDENTS 1
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 1
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 1
to property owned by the Estate of Martin J. Ward (hereinafter
"Ward Estate"). The property owned by the Ward Estate that is the II
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
1
11
+
II southerly of the southerly right -of -way line of State Trunk
Highway No. 5,
1 and
Government Lot 2, Section 13, Township 116, Range 23, Carver
1
County, Minnesota,
(all of which is hereinafter referred to as "SUBJECT PARCEL ")
II described in eight (8) separate parcels as follows:
I DESCRIPTION OF PARCEL ONE
Said Parcel One is a strip of land 100.00 feet wide, the centerline
of said strip being "LINE B ", described as follows:
I Commencing at the northeast corner of CHANHASSEN LAKES
BUSINESS PARK SECOND ADDITION, according to the recorded plat
I 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
I 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
I 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
I terminating.
DESCRIPTION OF PARCEL TWO
I 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:
II 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
I
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
1 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
II 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
1 -2-
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
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 1
Said Parcel Five is a strip of land 20.00 feet wide, the centerline
of said strip being described as follows:
1
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 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 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 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
-3-
1
.
in Document Number 133500, files of the County Recorder, Carver
County, Minnesota, and which lies southeasterly and easterly of the
1 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.
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.
Temporary Construction Easements to expire December 31, 1992.
(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
1
1 -4-
1
of the beneficiaries of the Estate of Martin J. Ward (hereinafter II
"Ward Beneficiaries ").
1
C. Petitioner and the Ward Estate and the Ward Beneficiaries
wish to resolve this eminent domain proceeding and the City's
1
obligations for compensation and, in furtherance of that desire,
enter into this Settlement Agreement. 1
SETTLEMENT AGREEMENT 1
In consideration of the terms, covenants, conditions and
payments as set forth herein, and for other good and valuable II
consideration, the receipt and sufficiency of which is hereby
II
acknowledged, the City of Chanhassen, by and through its Mayor and
City Manager, and the Estate of Martin J. Ward, by and through the
I
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
I
of any kind that may have been sustained by, or incurred by, the
Ward Estate and the Ward Beneficiaries, known or unknown, as a
1
result of the City's eminent domain proceeding to acquire fee title
and temporary easements to the Subject Property as that property is r
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)
II
Dollars as full and final compensation for all condemnation
damages, fees, benefits and costs. The Ward Estate acknowledges
II
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 II
1
-5-
II
,
full payment of all compensation is One Hundred Sixty -five Thousand
1 and no /100 ($165,000.00) Dollars, which sum shall be paid upon
final execution of thi's Settlement Agreement by the parties hereto.
1 3. Upon payment of the amount of $165,000.00.00 in
accordance with paragraph 2 above, Petitioner may file with the
1 Carver County District Court the Stipulation of Settlement, a true
' and correct copy of which is marked as "EXHIBIT A," is attached
hereto and is incorporated herein by reference, and a Final
Certificate, a true and correct copy of which is marked as
"EXHIBIT B," is attached hereto and incorporated herein and may
1 file with the Carver County Recorder's office a certified copy of
the Final Certificate.
This Agreement is made effective the day of
1 , 1992.
CITY OF CHANHASSEN
By:
1 DONALD J. CHMIEL, Mayor
1
By:
DON ASHWORTH, City Manager
1
ESTATE OF MARTIN J. WARD
B r e aJ
'OME G. RAID
ersonal Representative
1
1
1 -6-
1
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT '
Case Type: 2 /Condemnation
City of Chanhassen, a Court File No. 91 -27995 '
Minnesota municipal corporation,
Petitioner, '
vs.
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, John Doe, Mary Roe, and
Carver County,
Respondents.
1
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 Agree-
ment 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: 1992. Dated: 1992.
CAMPBELL, KNUTSON, SCOTT LARKIN, HOFFMAN, DALY
& FUCHS, P.A. & LINDGREN, LTD.
By: By: '
GARY G. FUCHS, #32566 JAMES P. LARKIN, /60227
Suite 1317 1500 Northwestern Financial Ctr.
1380 Corporate Center Curve 7900 Xerxes Avenue South
Eagan, MN 55121 Bloomington, MN 55431
Telephone: (612) 452 -5000 Telephone: (612) 835 -3800
ATTORNEYS FOR PETITIONER ATTORNEYS FOR RESPONDENTS
1
1
EXHIBIT A
1
1
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Case Type: 2 /Condemnation
' City of Chanhassen, a Court File No. 91 -27995
Minnesota municipal corporation,
' Petitioner,
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, John Doe, Mary Roe, and
Carver County,
1 Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
* * * * * * * * * * * * * * * * * * * * * * * * * *
FINAL CERTIFICATE
* * * * * * * * * * * * * * * * * * * * * * * * * *
By authority of Minnesota Statutes Section 117.205, I hereby
certify that the rights herein described have been taken by the
i City of Chanhassen in eminent domain proceedings in conformity with
the requirements of Chapter 117 of said statutes; that Commis-
sioners 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
r
EXHIBIT B
damages sustained by the Respondents; that the Settlement Agreement
was submitted to the District Court for approval; that the Settle-
went 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 1
described situated in the County of Carver, State of Minnesota:
FEE TITLE ACQUISITION
All that part of: 1
The Southeast Quarter of the Northwest Quarter of Section 13, II Township 116, Range 23, Carver County, Minnesota, lying south-
erly 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 '
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
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 II
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 southeast-
erly
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.
1
-2- 1
II
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
' 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 center-
1 line 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
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
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
-3-
1
beginning; thence North 44 degrees 52 minutes 10 seconds West II
for 75.00 feet and there terminating.
DESCRIPTION OF PARCEL SIX
1
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 I
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 1
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 II
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.
DESCRIPTION OF PARCEL EIGHT 1
Said Parcel Eight is all that part of the hereinabove described
SUBJECT PARCEL lying northeasterly of said Parcel One and south-
westerly of a line concentric with and distant 80.00 feet north-
easterly 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 here -
inabove 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."
-4-
1
Dated: , 1992. CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
1 By:
• _ GARY G. FUCHS, #32566
Attorneys for Petitioner
1 Suite ,#317
1380 Corporate Center Curve
Eagan, N1 55121
1 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.
1
Dated: , 1992.
BY THE COURT:
Judge of District Court
it
THIS INSTRUMENT WAS DRAFTED BY:
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
' Eagan, Minnesota 55121
Telephone: (612) 452 -5000
.1
1
1
1
1
1 -5-