1j TH101 No. Tesler EasementCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147'
6haphassen MN 55317
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MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manager
Matt Saam, Acting Public Works Director/City Engineer
December 31 2003 ~- / ~
Stipulation of Settlement - Tesler Easement
TH 101 Trail (North) - Project No. 97-12-3
REQUESTED ACTION (Simple Majority Vote Required)
Approve Stipulation of Settlement and $9,196 payment for easement with Louis
and Beth Tesler.
DISCUSSION
City Staff and the Attorney's Office (Campbell Knutson) have been working to
settle this remaining easement on the TH 101 Trail (North) Project. As the
attached letter from Tom Scott states, the City's appraiser and the resident's
appraiser had a disagreement over the compensation amount for the five-foot
easement that was acquired. The Tesler's have now agreed to a total
compensation amount of $15,500. The City has already paid $6,304 for the
easement so the Council is now being asked to approve an additional $9,196.
FUNDING
Funding for this easement is out of the City's Park and Trail Dedication Fund
with 50% being eligible for reimbursement under the City's trail grant through the
Mn/DNR.
Enclosures:
1. December 16, 2003 Letter from Tom Scott.
2. Stipulation of Settlement.
c: Louis and Beth Tesler, 7500 Chanhassen Road
g:\eng\publicN97-12-3\easements\tesler settlement.doc
The City of Chanhassen · ~ growing comrx,(Jnity '¢..'ith clean lakes quality schools a char!Tiin~ ,cJow. n!,c>/.:r/ thriv'ing b Jshess(ss '¢,.'it d 'xl traii5 a'/d 'OOaLXi1:Jl pa ,<s A ,;~ '.at [; as t,: live '.,'~.~3 K and E, ia?
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Louis S. Tesler and Beth S. Tesler,
a./k/a Beth Snyder Tesler, husband
and wife; Bank of America, FSB;
U.S.Bank National Association ND;
Roger B. Bongard; John Roe and Mary Doe
and County of Carver,
Respondents.
Court File No. 10-CV-03-168
STIPULATION OF SETTLEMENT
TESLER - PARCEL 7
The City of Chanhassen, Petitioner above-named, by and through its undersigned
counsel, and Respondents Louis S. Tesler and Beth S. Tesler, a/k/a Beth Snyder Tesler, husband
and wife, by and through their undersigned counsel, pursuant to Minnesota Statutes Section
117.185, hereby stipulate that they have negotiated a settlement for the acquisition of easements
as defined in the Petition as Parcel No. 7.
Pursuant to the terms of the Right of Entry/Waiver of Trespass executed by Louis S.
Tesler and Beth S. Tesler on August 7, 2002, on or about September 26, 2002 the City tendered
to the Teslers Check No. 111100 in the amount of $6,304.00 which represented the City's
approved appraised value for Parcel No. 7. The parties hereto stipulate and agree that a total
payment of $15,500.00 to the Teslers as set forth below represents full and final payment for the
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acquisition by the City of Parcel No. 7, including reimbursement for temporary easement,
appraisal fees, interest, costs and disbursements, if any.
Within ten (10) days of the City Council's formal approval of the settlement, the City will
issue a check in the amount of $9,196.00 payable to Louis S. Tesler and Beth S. Tesler, which
shall constitute full payment of the balance of the settlement amount. Said check shall be mailed
to Leland J. Frankman, Attorney at Law, 2000 Pillsbury Center, 220 South Sixth Street,
Mim~eapolis, Mim~esota 55402.
The parties further stipulate that the City may file its Final Certificate with respect to
Parcel No. 7, a copy of which is attached hereto as Exhibit A, and upon filing said Final
Certificate these proceedings with respect to Parcel No. 7 shall be concluded.
Date: ,2003
Date:
CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
Leland J. Frankman
Attorney for Resp6ndents Tesler
2000 Pillsbury Center
220 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: 612-375-1600
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EXHIBIT "A" TO STIPULATION OF SETTLEMENT
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Louis S. Tesler and Beth S. Tesler,
a/k/a Beth Snyder Tesler, husband
and wife; Bank of America, FSB;
U.S.Bank National Association ND;
Roger B. Bongard; John Roe and Mary Doe
and County of Carver,
Respondents.
Court File No. 10-CV-03-168
FINAL CERTIFICATE AS TO PARCEL NO. 7
LOUIS S. TESLER AND BETH S. TESLER
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
*********************
o~ lvhm~,.so,a Statutes ~.~,.t;,,.. 117.205, T hereby certi_¢/*h.,* th,~ ,4ghts herein
By authority
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 the Petitioner and
Respondents Louis S. Tesler and Beth S. Tesler, a/k/a Beth Snyder Tesler, husband and wife,
have negotiated a settlement and have executed a Stipulation of Settlement and Disbursement of
Funds determining full compensation for damages sustained by the Petitioner's taking; that all
damages have been paid by the City of CharLhassen; that said proceedings are now complete and
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that the City of Chanhassen now holds an interest as set forth below over the lands situated in the
County of Carver, State of Minnesota and legally described on Exhibit A attached hereto and
made a part hereof by reference.
Dated: ,2003
CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
3 ! 7 Eaganda!e Office C~nter
1380 Corporate Center Curve
Eagan, Minnesota 55121
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: ,2003
BY THE COURT:
Judge of District Court
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS/cjh
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EXHIBIT "A"
Parcel No. 7- Tesler PIN No. 25-8400080
A permanent easement for public trail, drainage and utility purposes over, under and across the
easterly 5 feet of Lot 10, Block 1, SUNSET VIEW, Carver County, Minnesota.
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