E-11. Approve Stipulation of Settlements for Acquisition of ROW in Conjuction with TH 5 ImprovementsCITY of
CNANHA33EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax 952.227.1190
Engineering
Phone: 952.227.1160
Fax 952.227.1170
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Phone: 952.227.1140
Fax: 952.227.1110
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Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
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Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
I:s i L
MEMORANDUM
TO: Todd Gerhardt, City Manager V
FROM: Paul Oehme, Director of Public Works /City Engineer
DATE: October 14, 2013
SUBJ: Approve Stipulation of Settlements for Acquisition of Right -of -Way in
Conjunction with the TH 5 Improvements - Abbariao,
Ekstrum/Burdick and Gauer Parcels - PW067B2
PROPOSED MOTION
"The City Council approves settlement agreements for acquisition of right -of-
way for Abbariao, Ekstrum/Burdick and Gauer parcels in conjunction with the
TH 5 improvements from TH 41 to Victoria Drive (CSAH 11), State Project
No. 1002 -89."
City Council approval requires a simple majority vote of the City Council
present.
In 2011, the City received a HSIP $1.0 Million grant for safety improvements for TH
5 in the Lone Cedar and Minnewashta Parkway area. These improvements were
included in the TH 5 improvements constructed in 2012.
The improvements were as follows:
• Shoulder widening on TH 5 from 600 feet east of Lone Cedar Lane to 1,100 feet
west of Minnewashta Parkway.
• Addition of an eastbound left -turn lane at Minnewashta Parkway.
• Addition of pavement widening required for the westbound left turn -lane although
this left -turn lane which is hatched out until the south approach of Minnewashta
Parkway is constructed.
• Addition of a westbound right -turn lane at Minnewashta Parkway.
• Mill and overlay on Minnewashta Parkway between TH 5 and 77 "' Street.
• Relocation and reconstruction of Lone Cedar Lane.
• Closing of existing Lone Cedar Lane and private driveway connections to TH 5.
In order to relocate Lone Cedar Lane to make it fit with the widening of TH 5, some
temporary and permanent easements were necessary to acquire. The HSIP grant
funds do not pay for right -of -way acquisitions. The City needed to purchase
easement from four parcels. One property settled early in the process at the appraised
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
TH 5 Improvements: Approve Stipulations
Of Settlements
October 14, 2013
Page 2
value. The other three properties did want the acquisitions to start to go through the condemnation
process. However, at this time, all three property owners want to settle. The City attorney's office is
recommending the City settle with the property owners as outlined in the attached settlement
agreements. The City has already paid for the appraised value of the easements with the TH 5
project.
Staff has discussed these settlements with MnDot who is willing to share in the cost of the
settlements. MnDot is willing to pay $47,960.00 towards the settlement. The MnDot settlement
agreement is not ready at this time for approval. It will be on a future Council agenda. Staff feels
the property owner settlement should be considered for approval at this time. The City will be
responsible to paying the remaining $16,412.00 in the settlement. The City's portion of the
settlement is proposed to be paid with Municipal State Aid funds.
Attachment: 1. Campbell Knutson letter dated October 2, 2013 regarding settlement
recommendation
2. Stipulations of Settlements
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October 2, 2013
Mr. Paul Oelmie
City of Chanhassen
7700 Market Boulevard
P. 0. Box 147
Chanhassen, Minnesota 55317
Re: City of Chanhassen vs. Gauer, et al.
Court File No. 10 -CV -11 -1273 (Lone Cedar)
Dear Paul:
This letter provides background relating to the proposed settlement of the
final three parcels from which the City needed to acquire easements for this project.
Abbariao
The proposed settlement for the Abbariao parcel is $38,460.00. The City's
appraisal amount of $5,677.00 was previously paid, leaving a balance of
$32,783.00.
The Abbariao parcel prior to the project had direct driveway access to
Highway 5. MnDOT required the elimination of this access. The City also
acquired an easement to utilize the Abbariao drive for snowplow tknn around
purposes as part of the settlement.
Gauer
The proposed settlement for the Gauer parcel is $32,000.00. The City's
approved appraisal amount of $9,212.00 was previously paid, leaving a balance of
$22,788.00. The Gauers' initial demand was $57,000.00. In addition to the
temporary construction easement and the land acquired for the permanent street
easement, the Gauers claimed damages for driveway paving and landscaping.
Mr. Paul Oehme
October 2, 2013
Page Two
EkstrumBurdick
The proposed settlement for this parcel is $9,500.00. The City's appraisal amount of
$699.00 has been paid, leaving a balance of $8,801.00.
This parcel, like the Gauer parcel, involved considerable negotiation relating to
landscaping costs incurred as a result of the street realignment. Eckstrums provided the City
with an appraisal claiming total damages of $122,500.00. The appraisal had limited credibility,
but gives an indication of the creative approach of some members in the appraisal profession.
The same attorney represented all three property owners and intended to use this same appraiser
at condemnation commission hearings if the matters are not settled.
Conclusions
We recommend approval of the negotiated settlement. hi addition to the compensation
paid to the owners, the City is obligated to reimburse the owners for their attorneys' fees if the
condemnation commissioners would have awarded damages of $25,000.00 or more. The City
would also incur additional attorneys' fees for its own attorney, additional appraisal costs and is
required to compensate the commissioners if hearing are conducted.
The settlements release all the owners' claims. Again, we recommend approval of these
settlements.
Best regards,
Campbell Knutson
Pro(elsAal Association
Thomas M.
TMS:cjh
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Scott P. Gauer and Laurie A. Gauer,
husband and wife; Richard R. Ekstrum
and Becky J. Burdick, husband and wife;
Kenneth R. Sorensen and Martha L. Sorensen,
husband and wife; Abraham C. Abbariao and
Dorothy P. Abbariao, husband and wife;
Jolui Doe and Mary Roe and County of Carver,
Respondents.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
Court File No. 10 -CV -11 -1273
STIPULATION OF
SETTLEMENT AND ORDER
AS TO PARCEL 1 /GAUER
The Petitioner City of Chanhassen above named, by and through its undersigned counsel
and Respondents Scott P. Gauer and Laurie A. Gauer, 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 set forth in the attached Final
Certificate.
The City will pay a total amount of $32,000.00 to Respondents Scott P. Gauer and
Laurie A. Gauer in settlement of any and all claims relating to the acquisition by Petitioner of
casements involved in these proceedings, including reimbursement for appraisal costs, interest,
attorney's fees, right of first refusal pursuant to Minn. Stat. §117.226, costs and disbursements.
171959v1
2. Pursuant to the "quick take" condemnation process, on or about October 28, 2011,
Petitioner deposited with the District Court Administrator the sum of $9,212.00, the Petitioner's
approved appraised valued for the property identified as Parcel 1 in the Petition.
3. The Parcel 1 (Lauer) quick take deposit of $9,212.00, together with any accrued
interest, shall be paid to "Scott P. Gauer, Laurie A. Gauer and Larry D. Martin," Said check
shall be mailed to Lamy D. Martin, L. D. Martin Law Office, 1480 White Oak Drive, Chaska,
Minnesota 55318.
4. Within ten (10) days of the City's approval of the settlement, the City will issue a
check in the amount of $22,788.00 payable to "Scott P. Gauer, Laurie A. Gauer and Larry D.
Martin." which shall constitute full payment of the settlement amount. Said check shall be
mailed to Larry D. Martin, L. D. Martin Law Office, 1480 White Oak Drive, Chaska, Minnesota
55318.
Upon payment of the amount due hereunder, the City may file its Final
Certificate, a copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate
these proceedings shall be concluded.
6. This Stipulation of Settlement contains all the terms and conditions of the parties'
agreement.
2013
171959vI
CAMPBELL I{NUTSON
Professional Association
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
Attorneys for Petitioner
Dated: 2013
Dated: 2013
Scott P. Gauer
Laurie A. Gauer
L. D. MARTIN LAW OFFICE
By:
Larry D. Martin, #220553
1480 White Oak Drive
Chaska, Minnesota 55318
612 - 986 -7899
Attorney for Respondents
Scott P. Gauer and Laurie A, Gauer
The above Stipulation is hereby incorporated in this Order of the Court and pursuant to
paragraph 3, the Court Administrator shall disburse the Parcel 1 (Gauer) quick take deposit of
$9,212.00, together with any accrued interest, to "Scott P. Gauer, Laurie A. Gauer and Larry D.
Martin." Said check shall be mailed to Larry D. Martin, L. D. Martin Law Office, 1480 White
Oak Drive, Chaska, Minnesota 55318.
BY THE COURT:
Dated: 2013
Judge of District Court
1719591, 1 3
EXHIBIT A TO STIPULATION OF SETTLEMENT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
vs.
Scott P. Gauer and Laurie A. Gaiter,
husband and wife; Richard R. Ekstrum
and Becky J. Burdick, husband and wife;
Kermeth R. Sorensen and Martha L. Sorensen,
husband and wife; Abraham C. Abbariao and
Dorothy P. Abbariao, husband and wife;
John Doe and Mary Roe and County of Carver,
Respondents.
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
Court File No. 10 -CV -11 -1273
FINAL CERTIFICATE AS TO
PARCEL 1 /GAUER
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
FINAL CERTIFICATE
AS TO PARCEL 1 /GAUER
By authority of Minnesota Statutes Section 117.201, 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 the Petitioner and
Respondents Scott P. Gauer and Laurie A. Gauer, husband and wife, have negotiated a
settlement determining full compensation for damages sustained by the Petitioner's taking; that
all damages have been paid by the City of Chanhassen to Respondents; that said proceedings, as
1719590
they relate to Parcel 1 (Lauer) in the above matter, are now complete and that the City of
Chanhassen now holds a permanent easement for public street, drainage and utility purposes and
a temporary constriction easement in 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: 2013. CAMPBELL I{NUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
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: 2013, 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
1719590
EXHIBIT A
TO
FINAL CERTIFICATE
PARCEL 1 — Scott P. Gauer and Laurie A. Gauer
Parcel Description:
Outlot A, Gauer Addition, Carver County, Minnesota.
Parcel 208B Permanent Easement Description for Public Street, Drainage and Utility
Purposes:
That part of Tract A described below:
Tract A. Outlot A, Gauer Addition, as the same is on file and of record in the office of the
County Recorder in and for Carver County, Minnesota;
Which lies southwesterly of Line I described below:
Line 1. Cormnencing at the southwest corner of said Outlot A; thence northwesterly along
the southwest line of said Outlot A for 30,00 feet to the point of beginning of Line
1 to be described; thence southeasterly to a point on the south line of said Outlot
A distant 55.00 feet east of said southwest corner and there terminating;
Parcel 208B Temporary Easement Description:
Also a right to use the following described strip for construction purposes:
A strip being that part of Tract A hereinbefore described lying northeasterly of the above
described Line 1 and its northwesterly and southeasterly extensions.
This temporary construction easement is for a consecutive twelve (12) month period
commencing on or after May 1, 2012 and terminating on or before October 31, 2015. Property
Owner will receive 30 -days advance notice of the commencement of the 12 -month easement.
(Abstract Property)
171959v1
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Scott P. Gauer and Laurie A. Gauer,
husband and wife; Richard R. Ekstrum
and Becky J. Burdick, husband and wife;
Kenneth R. Sorensen and Martha L. Sorensen,
husband and wife; Abraham C. Abbariao and
Dorothy P. Abbariao, husband and wife;
John Doe and Mary Roe and County of Carver,
Respondents.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
Court File No. 10 -CV -11 -1273
STIPULATION OF SETTLEMENT
AND ORDER AS TO PARCEL 2
EKSTRUM/BURDICK
The Petitioner City of Chanhassen above named, by and through its undersigned counsel
and Respondents Richard R. Ekstrom and Becky J. Burdick, 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 a temporary construction easement as set
forth in the attached Final Certificate.
The City will pay a total amount of $9,500.00 to Respondents Richard R. Ekstrum
and Becky J. Burdick in settlement of any and all claims relating to the acquisition by Petitioner
of a temporary construction easement involved in these proceedings, including reimbursement
for appraisal costs, interest, attorney's fees, right of first refusal pursuant to Minn. Star.
§ 117.226, costs and disbursements.
169196v1
2. Pursuant to the "quick take" condemnation process, on or about October 14, 2011,
Petitioner deposited with the District Court Administrator the sum of $699.00, the Petitioner's
approved appraised valued for the property identified as Parcel 2 in the Petition.
3. The Parcel 2 (Ekstrum/Burdick) quick take deposit of $699.00, together with any
accrued interest, shall be paid to "Richard R. Ekstrum, Becky J. Burdick and Larry D. Martin."
Said check shall be mailed to Larry D. Martin, L. D. Martin Law Office, 1480 White Oak Drive,
Chaska, Minnesota 55318.
4. Within ten (10) days of the City's approval of the settlement, the City will issue a
check in the amount of $8,801.00 payable to "Richard R. Ekstrum, Becky J. Burdick and Larry
D. Martin." which shall constitute full payment of the settlement amount. Said check shall be
mailed to Larry D. Martin, L. D. Martin Law Office, 1480 White Oak Drive, Chaska, Minnesota
55318.
5. Upon payment of the amount due hereunder, the City may file its Final
Certificate, a copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate
these proceedings shall be concluded.
6. This Stipulation of Settlement contains all the terms and conditions of the parties'
agreement.
The City acknowledges that Lone Cedar Circle (which as reconstructed lies totally
within public right of way and provides access to Parcel 2 and extends easterly providing access
to other parcels) is a public street which is entitled to the same city services provided to any other
similarly situated public street.
169196v1 2
CAMPBELL KNUTSON
Professional Association
Date: 2013 By:
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
Attorneys for Petitioner
2013
Richard R. Ekstrum
Dated: 2013
Becky J. Burdick
L. D. MARTIN LAW OFFICE
Larry D. Martin, #220553
1480 White Oak Drive
Chaska, Minnesota 55318
612- 986 -7899
Attorney for Respondents
Richard R. Ekstrum and Becky J. Burdick
169196v1
The above Stipulation is hereby incorporated in this Order of the Court and pursuant to
paragraph 3, the Court Administrator shall disburse the Parcel 2 (Ekstrum/Burdick) quick take
deposit of $699.00, together with any accrued interest, to "Richard R, Ekstrum, Becky J. Burdick
and Larry D. Martin." Said check shall be mailed to Larry D. Martin, L. D. Martin Law Office,
1480 White Oak Drive, Chaska, Minnesota 55318.
BY THE COURT:
Dated: 2013
Judge of District Court
169196A 4
EXHIBIT A TO STIPULATION OF SETTLEMENT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Scott P. Gauer and Laurie A. Gauer,
husband and wife; Richard R. Ekstrum
and Becky J. Burdick, husband and wife;
Kenneth R. Sorensen and Martha L. Sorensen,
husband and wife; Abraham C. Abbariao and
Dorothy P. Abbariao, husband and wife;
John Doe and Mary Roe and County of Carver,
Respondents.
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
Court File No. 10 -CV -11 -1273
FINAL CERTIFICATE AS TO
PARCEL 2/EKSTRUM/BURDICK
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
FINAL CERTIFICATE
AS TO PARCEL 2/EKSTRUM/BURDICK
By authority of Minnesota Statutes Section 117.201, 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 the Petitioner and
Respondents Richard R. Ekstrum and Becky J. Burdick, husband and wife, have negotiated a
settlement determining full compensation for damages sustained by the Petitioner's taking; that
all damages have been paid by the City of Chanhassen to Respondents; that said proceedings, as
169196v1
they relate to Parcel (Ekstrum/Burdick) in the above matter, are now complete and that the City
of Chanhassen now holds a temporary construction easement in 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: 2013. CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
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: 2013. 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
169196v1
EXHIBIT A
TO
FINAL CERTIFICATE
PARCEL 2 — Richard R. Ekstrum and Becky J. Burdick
Parcel Description:
Lot 2, Block 1, Gauer Addition, Carver County, Minnesota.
Parcel 208C Temporary Easement Description:
The right to use that part of Tract A described below for construction purposes:
Tract A. Lot 2, Block 1, Gauer Addition, as the same is on file and of record in the office
of the County Recorder in and for Carver County, Minnesota,
which lies southerly of a line run parallel with and distant 16.00 feet northerly of the south line
of Outlot A and its easterly extension, said Gauer Addition.
This temporary construction easement.commences on May 1, 2012 and terminates on October
31, 2015.
(Abstract Property)
169196v1 7
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen, a municipal
corporation,
DISTRICT COURT
FIRST JUDICIAL
Case Type: Condemnation
File No.: 10 -CV -11 -1273
Petitioner,
STIPULATION FOR SETTLEMENT AND
ORDER FOR JUDGMENT PARCEL 4
vs. (ABBARIAO )
Scott P. Gauer and Laurie A. Gauer;
Abraham C. Abbariao and Dorothy P.
Abbariao, husband and wife; et al
Respondents.
This Stipulation for Settlement ( "Agreement ") is entered into between, City of
Chanhassen ( "Petitioner "); and, Respondent as to Parcel 4 in the Petition of the instant
proceedings, Abraham C. Abbariao and Dorothy P. Abbariao ( "Owner "), (Petitioner and
Owner are collectively referred to herein as the "Parties ").
1. RECITALS
WHEREAS, Petitioner presented its Petition in the instant matter to the above captioned
court on the 6th day of October, 2011 for the condemnation of certain lands for highway
purposes for State Highway 5 ( "Project "); and,
WHEREAS, said court issued its order ( "Order ") on November 11, 2011 transferring title
and possession of the lands described in the Petition to Petitioner as of the date of
payment of Petitioner's deposit pursuant to Minnesota Statutes § 117.042; and,
WHEREAS, Petitioner delivered its approved appraisal of value by check number
150500 dated October 13, 2011 in the amount of $5,677.00 ( "Quick Take Payment ") to
Owner, receipt of which is acknowledged by Owner; and,
169495vl ]
WHEREAS, in addition to the taking of easements, the Project includes the closing of
access from Parcel 4 (legally described as Lot 2, Block 1, Cedar Crest Addition, Carver
County, Minnesota) to State Highway No. 5. The Project also includes the closing of
State Highway No. 5 access from Owner's contiguous parcel Lot 1, Block 1, Cedar
Crest Addition, Carver County Minnesota. Said Lot 1 and Lot 2 are illustrated on the
attached Exhibit A (Lot 1 and Lot 2 are collectively referred to herein as "Subject
Property "); and,
WHEREAS, to mitigate damages associated with the taking of access described above,
the Project reconstructs and realigns the private road extending easterly from Lone
Cedar Lane which, in its preexisting state, provided access to the three single family
residential lots lying westerly of the Subject Property. The reconstructed and realigned
private road is referred to herein as ( "Access Road "); and,
WHEREAS, the Parties have reached a settlement as to the amount of just
compensation to be paid by Petitioner to Owner for damages sustained by the Subject
Property as a result of the taking, subject to certain conditions as specified herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
2. AGREEMENT
2.1, Recitals. The above recitals are agreed to by the Parties and are made part of
this Agreement.
2.2. Payment. The City will pay a total amount of $38,460.00 to Owner as
compensation for the following: (a) any and all claims relating to the acquisition by
Petitioner of the temporary easement involved in these proceedings, including
169495YI 2
reimbursement for appraisal costs, interest, attorney's fees, costs and disbursements;
(b) any and all claims relating to the closure of the Subject Property's direct driveway
access to Trunk Highway 5; and (c) Respondents granting of a license agreement to the
City for a snowplow turnaround.
2.3. Quick Take Reduction. The amount payable to Owner under Paragraph 2.2
herein shall be reduced by the amount of the Quick Take Payment.
2.4. Time of Payment. Within ten (10) days of the City Council's approval of this
settlement and receipt by the City of the original license agreement described below
and attached hereto as Exhibit C, the City will issue a check in the amount of
$32,783.00 payable to "Abraham C. Abbariao, Dorothy P. Abbariao and L. D. Martin
Law Office" which shall constitute full payment of the balance of the settlement amount.
2.5. Final Certificate. Upon payment of the amount due hereunder, the City may file
its Final Certificate, a copy of which is attached hereto as Exhibit B, and upon filing said
Final Certificate these proceedings shall be concluded. This Stipulation shall be
attached as an exhibit to the Final Certificate.
2.6. Snowplow Turnaround License. Respondents Abbariao will grant to the City a
license allowing City owned or authorized snowplows to utilize a 20' by 20' area of the
Parcel 4 driveway for the purpose of turning around during street plowing operations.
The City will repair any damage caused by such use. A copy of the license agreement
is attached hereto as Exhibit C.
2.7. Public Street. The City acknowledges that the Access Road is a public street
designated as Lone Cedar Circle which is entitled to the same city services provided to
any other similarly situated public street.
2.8. Conformity. The City represents and warrants that the Access Road as
constructed by the Project: (i) provides access to both Lots that make up the Subject
169495v1 3
Property; and (ii) such access meets the current minimum standards of the Chanhassen
City Code for a single family home on each lot.
2.9. Survival. The Public Street and Conformity requirements of Section 2.7 and 2.8
shall survive and be enforceable subsequent to the closing of these proceedings.
2.10. Court Jurisdiction. The Parties agree that the Carver County District Court
shall retain jurisdiction to enforce this Agreement.
2.11. Complete Agreement. This Agreement contains all of the terms and conditions
to which the parties have agreed.
CAMPBELL KNUTSON
Professional Association
Date: By:
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 - 452 -5000
Attorneys for Petitioner
159495vl 4
SIGNATURE PAGE FOR OWNER
Date:
A raham C. Abbariao
Date: /3 �A�l
Dorothy P. Abbariao
L. D. Martin Law Office
Date: �p By: *0 t-n'-
Lary D. Martin (220553)
L. D. Martin Law Office
1480 White Oak Drive
Chaska, Minnesota 55318
(952) 856 -5511
Attorney for Petitioner
169495v1
ORDER
The foregoing stipulation of the parties is hereby ordered by the Court (subject to the
conditions specified by the Parties) and judgment shall be entered against the City of
Chanhassen as follows:
In favor of Abraham C. Abbariao and Dorothy P. Abbariao in the amount of
38,460.00 with $6,677.00 previously paid leaving a balance due of $32,783.00.
There being no just reason for delay, let judgment be entered herein forthwith.
Date:
BY THE COURT:
By:
Judge of District Court
JUDGMENT
The undersigned Court Administrator hereby certifies that the foregoing Order
constitutes the Judgment of the Court.
Carver County Court Administrator
Date: By:
Administrator
169495vi 6
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EXHIBIT A TO STIPULATION OFSETTLEMENT
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EXHIBIT B TO STIPULATION OF SETTLEMENT
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
City of Chanhassen, a municipal
corporation,
Petitioner,
vs.
Scott P. Gauer and Laurie A. Gauer;
Abraham C. Abbariao and Dorothy P.
Abbariao, husband and wife; at al
Respondents.
Case Type: Condemnation
File No.: 10 -CV -11 -1273
FINAL CERTIFICATE AS TO
PARCEL 4 (ABBARIAO)
By authority of Minnesota Statutes Section 117.201, 1 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
the Petitioner and Respondents Abraham C. Abbariao and Dorothy P. Abbariao have
negotiated a settlement determining full compensation for damages sustained by the
Petitioner's taking as detailed in the attached Exhibit A; that all damages have been
paid by the City of Chanhassen to Respondents Abbariao; that said proceedings, as
they relate to Parcel 4 in the above matter, are now complete and that the City of
Chanhassen now holds a temporary construction easement interest in the land situated
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in the County of Cancer, State of Minnesota and legally described on Exhibit B attached
hereto and made a part hereof by reference.
Dated:
CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
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:
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson Professional Association
Suite 317 1380 Corporate Center Curve
Eagan, Minnesota 55121
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BY THE COURT:
Judge of District Court
EXHIBIT A
TO
FINAL CERTIFICATE
[ATTACH COPY OF STIPULATION FOR SETTLEMENT, ORDER AND JUDGMENT
TO FINAL CERTIFICATE]
EXHIBIT B
TO
FINAL CERTIFICATE
PARCEL 4 — Abraham C. Abbariao and Dorothy P. Abbariao
Parcel Description:
Lot 2, Block 1, Cedar Crest Addition, Carver County, Minnesota.
Parcel 208F Temporary Easement Description:
The right to use that part of Tract A described below for construction purposes:
Tract A. Lot 2, Block 1, Cedar Crest, as the same is on file and of record in the
office of the County Recorder in and for Carver County, Minnesota;
which lies southerly of a line run parallel with and distant 16.00 feet northerly of the
south line of said Lot 2, Block 1, Cedar Crest.
This temporary construction easement commences on or after May 1, 2012 and
terminates on October 31, 2015.
(Abstract Property)
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EXHIBIT C TO STIPULATION OF SETTLEMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ( "Agreement ") is made and entered into as of this
_ day of 2013, by and between Abraham C. Abbariao and Dorothy
P. Abbariao, husband and wife ( "Owners ") and the City of Chanhassen, a Minnesota
municipal corporation ( "City').
WITNESSETH
WHEREAS, Owners are the fee owners of real property located in Carver
County, Minnesota, located at 3750 Arboretum Boulevard, Chanhassen, Minnesota and
legally described as follows: Lot 2, Block 1, Cedar Crest Addition, Carver County,
Minnesota ( "License Property "); and
WHEREAS, the City is desirous of obtaining a license over and across the
Owners' driveway to allow City owned or authorized snowplowing equipment to turn
around during street snowplowing operations; and
WHEREAS, the Owners are amenable to the granting of the license hereinafter
set forth subject to the terms and conditions hereinafter described.
NOW, THEREFORE, in exchange for good and valuable consideration and upon
mutual covenants and conditions contained herein, the parties do hereby agree as
follows:
1. Owners do hereby grant to the City a license over the portion of the
License Property depicted on Exhibit A hereto allowing City owned or authorized
snowplowing equipment to turn around during street snowplowing operations.
2. City shall be responsible for any damages to the License Property
resulting from the licensed activities.
3. This License Agreement shall remain in effect so long as the City or any
other public authority is plowing the public street providing access to the License
Property and is abiding by its terms and conditions.
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4. This License Agreement shall run with the land and bind all future owners
and encumbrancers.
CITY OF CHANHASSEN
LE
In
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this _ day of
' 2013, by Thomas A. Furlong and Todd Gerhardt, respectively the
Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation,
on behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
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OWNERS:
Abraham C. Abbariao
Dorothy P. Abbariao
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
, 2013, by Abraham C. Abbariao and Dorothy P. Abbariao, husband
and wife.
Notary Public
THIS DOCUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 -52 -5000
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