1g. Agreement for assessments on Bluff Creek Drive 1 d r
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,, „ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
`''' i,I (612) 937-1900 • FAX (612) 937-5739
Action try City kiffi ii in
Endorses+ y
MEMORANDUM Modified__
I Rejecte
TO: Don Ashworth, City Manager '31`
Date Date Submitted to Commission
I FROM: Gary Warren, City Engineer
Date Suhmitted to Council
DATE: May 31, 1990 4O 14-410
ISUBJ: Approve Settlement Agreement with Albert Dorweiler for Assessments on
Bluff Creek Drive
II Improvement Project No. 80-5
Over the past several months staff has been working with Mr. Albert Dorweiler,
1 resident at 1565 Bluff Creek Drive, concerning access difficulty to his property
due to a restricted turning radius and sight distance problem. Mr. Dorweiler
has formally objected to the City's assessment for the Bluff Creek Drive impro-
II venents. Staff has been working with Mr. Comelier to resolve his concerns and
the attached settlement agreement reflects the conditions of understanding we
have agreed to.
I Basically, Mr. Dorweiler is in agreement to pay the $2,280.00 assessment which
was levied for the project against his property, providing that the City arrange
for the repair of the retaining wall on his southerly driveway and widen the
II curb cut for this driveway to better facilitate access. Further, a sight
distance problem exists immediately to the west of his property along the
southerly side of the road due to a small bluff area which restricts the vision
I of southbound traffic. Staff has received approval fran the property owner of
this parcel (Mr. Harold Hess) to remove this bluff area to establish safe sight
distance.
I The retaining wall work is covered by the contractor's warranty and staff is in
the process of orchestrating this repair. The curb cut will be corrected at a
cost of approximately $500.00. The grading work can be accomplished in less
IIthan a day's time utilizing public works staff.
It is, therefore, the conclusion of this office that the attached settlement
agreement is reasonable and is recce mended for approval by the City Council. As
IInoted in the settlement agreement, no adjustment to the assessment amount is
proposed.
II jms
Attachment: 1. May 17, 1990 Letter from City Attorney
1 2. Settlement Agreement with Stipulation on Order for Dismissal
with Predjudice
3. Waiver of Trespass
II
CAMPBELL, KNUTSON, SCOTT & FUCa-(S, PA.
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May 17, 1990
SO- "J
Mr. Robert A. Nicklaus
' Nicklaus Law Firm
103 West Second Street
P.O. Box 116
Chaska, Minnesota 55318
' RE: Albert Dorweiler, et al v. City of Chanhassen
Court File No. 89-25732
' Dear Mr. Nicklaus:
U Enclosed please find Settlement Agreement and Stipulation
and Order for Dismissal With Prejudice in the above matter.
Please contact me immediately if you believe it does not conform
to our agreement.
Very truly yours,
' CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
i BY:
Elliott B. Knetsch
EBK:srn
Enclosures
cc: Don Ashworth
Gary Warren
CITY OF CHANHASSEN
EEIIE
MAY 18 1990
ENGINEERING DEPT. MAY 1819x3
CITY OF CHANHASSEN
Yinkee Square Office III • Suite 202 • 3460 Washington Olive • Eagan, MN 551 "
r
SETTLEMENT AGREEMENT I
AGREEMENT made this day of May, 1990, by, between, '
and among the CITY OF CHANHASSEN, a Minnesota municipal
corporation ("City") , and ALBERT DORWEILER and K. DORWEILER,
husband and wife ("Owner") . '
RECITALS
WHEREAS, the Owner owns the following described property ,
("subject property") located in the City of Chanhassen, Carver
County, State of Minnesota:
1565 Bluff Creek Drive, Chaska, Minnesota
P.I.D. No. 25-0270200
and ,
WHEREAS, on September 25, 1989, the City levied a special
assessment against the subject property for improvement project 1
80-5 in the principal amount of $2,280.00; and
WHEREAS, the Owner filed a notice of objection to the above '
referred special assessment; and
WHEREAS, the parties wish to settle the dispute concerning
the special assessment. 1
NOW, THEREFORE, the parties agree as follows:
1. The foregoing special assessment for project 80-5 1 '
against the subject property in the principal amount of $2,280.00
is agreed upon and confirmed by the parties.
2. The City shall: ,
a. Direct the contractor to correct the defective
retaining wall on the subject property under the
contractor's warranty.
1
b. Widen the curb cut for the concrete apron of the
southerly driveway by one (1) curb length (approximately 8
to 10 feet) at the City's expense.
' c. Cut the hill on the Harold Hesse property, 1425
Bluff Creek Drive, Chaska, Minnesota, to improve the sight
lines and safety for ingress and egress to the subject
' property, at the City's expense.
3. The Owner withdraws his objection to the special
assessment and waives all other appeal rights otherwise
available.
' IN WITNESS WHEREOF, the parties have entered into this
Agreement the day and year first above written.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
' AND
Don Ashworth, City Manager
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY:
' ELLIOTT B. KNETSCH
Attorney for City of Chanhassen
3460 Washington Drive
' Suite 202
Eagan, Minnesota 55122
(612) 456-9539
Attorney Reg. No. 168130
-2-
1•
I
ALBERT DORWEILER '
K. DORWEILER '
NICKLAUS LAW FIRM '
BY: ,
ROBERT A. NICKLAUS
Attorneys for Appellants
103 West Second Street
P.O. Box 116
Chaska, Minnesota 55318
(612) 448-4747
Attorney Reg. No. 79005
1
-3-
•
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Court File No. 89-25732
' Albert Dorweiler, K. Dorweiler,
Appellants,
STIPULATION AND ORDER
' vs. FOR DISMISSAL WITH
PREJUDICE
City of Chanhassen,
Respondent.
The above entitled action, having been fully compromised
and settled, it is hereby stipulated by and between the parties
' thereto through their undersigned attorneys, that the same may be,
and it hereby is, dismissed on its merits with prejudice, but
without costs to either party, and that the Clerk of said Court,
upon filing of this Stipulation and Order, is hereby authorized and
' directed to dismiss said action of record.
Dated:
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
' BY:
ELLIOTT B. KNETSCH
Attorneys for Respondent
t 3460 Washington Drive
Suite 202
Eagan, Minnesota 55122
' (612) 456-9539
Attorney Reg. No. 168130
Dated: I
NICKLAUS LAW FIRM
BY:
ROBERT A. NICKLAUS
Attorneys for Appellants
103 West Second Street
P.O. Box 116
Chaska, Minnesota 55318
(612) 448-4747
Attorney Reg. No. 79005
ORDER
It is hereby ordered that the above entitled action be
dismissed on its merits with prejudice, but without costs to either I
party, and that the Clerk of Court, upon filing of this Stipulation
and Order, is hereby directed to dismiss said action of record.
Dated this day of , 1990.
BY THE COURT:
Judge of the District Court
1
-2-
• e
WAIVER OF TRESPASS
The undersigned , owners of certain land in the City of
Chanhassen , do hereby consent and grant unto the City of
1 Chanhassen, its agents and assigns, the right to enter upon the
property described as Lot 6, Block 1 , The Hesse Farm 2nd
Addition, for the following purpose:
' To remove approximately 500 cubic yards of material and
shape the property as shown on the attached Exhibit "A"
to improve the roadway sight distance in this area.
It is further understood that this Waiver constitutes a
1 waiver on behalf of the owners to any claim for damages because
of the entry on the property.
1
Dated this "Y214 day of 711u5 , 1976.
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' H ro eHesse
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CITY OF CHANHASSE
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' MAY 04 1990
ENGINEERING DEPT.
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