2021-34 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: June 21,2021 RESOLUTION NO: 2021-34
MOTION BY: McDonald SECONDED BY: Schubert
RESOLUTION APPROVING SETTELEMENT AGREEMENT
WITH THOMAS J. GERTZ FOR CSAH 101 PARCELS 16 & 17
WHEREAS, the City of Chanhassen("City"), having the power of eminent domain as
provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and
motion for early transfer of title and possession to acquire various interests in land in the City of
Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101
from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud
Drive) (the"Project"); and
WHEREAS,the Petition for the Project was filed on November 18, 2019, as a part of
Carver County Court File No. 10-CV-19-1132 (the"Action"); and
WHEREAS,to facilitate the Project,the Action included acquiring certain real property
interests owned by Thomas J. Gertz(the "Owner")and as defined as Parcels 16 and 17 within the
Action(the"Property"); and
WHEREAS, subject to approval by the City Council,representatives of the parties have
negotiated a Settlement Agreement, a copy of which is attached hereto as Exhibit A, which resolves
all outstanding claims and issues between the parties related to the Property; and
WHEREAS,the City Council has fully considered the terms of the Settlement Agreement
and has determined that it is in the best interests of the community to approve it as presented.
NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are
incorporated herein to this Resolution.
NOW, THEREFORE,BE IT FURTHER RESOLVED, that the Settlement Agreement
is hereby approved by the City Council of the City of Chanhassen.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City
Manager of the City are hereby authorized and directed to execute all appropriate documents and
take all necessary actions to facilitate the settlement contemplated herein, with all such actions to be
in accordance with the terms and conditions set forth in this Resolution and the incorporated
Settlement Agreement.
NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mayor and City
Manager of the City, staff and consultants are hereby authorized and directed to take any and all
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additional steps and actions necessary or convenient in order to accomplish the intent of this
Resolution.
Passed and adopted by the Chanhassen City Council this 12th day of July, 2021.
ATTEST:
LO,tAfrt , { kiM g/4/1-4
Laurie Hokkanen, City Manager Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
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EXHIBIT A
The Settlement Agreement
A-1
STATE OF MINNESOTA 1N DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Case Type: Condemnation
The City of Chanhassen, a Minnesota municipal Court File No. 10-CV-19-1 132
corporation,
Petitioner,
STIPULATION OF SETTLEMENT
vs. AGREEMENT
(Parcels 16 & 17)
PCH Development, LLC, et al,
Respondents.
THIS STIPULATION OF SETTLEMENT AGREEMENT (the `Agreement") is
entered into between the City of Chanhassen, a municipal corporation under the laws of the state of
Minnesota (the "City") and Thomas J. Gertz( the "Owner")(together with the City referred to
herein as the "Parties", or each a"Party").
Recitals
A. The City, having the power of eminent domain as provided in Minnesota Statutes.
Chapter 117, filed a petition in eminent domain proceedings and motion for early transfer of title
and possession to acquire various interests in land in the City of Chanhassen in the above-captioned
matter for the reconstruction, expansion, and improvement of County State Aid Highway 101 from
County State Aid Highway 14 (Pioneer Trail) to County State Aid Highway 61 (Flying Cloud
Drive) (the "Project"); and
norsaPr-_N cn135'61 721ee1.0_518,121
B. The Owner is the owner in fee simple of those certain real properties located in Carver
County and which are legally described in the attached Exhibit A (the `Properties" or "Parcels 16
and 17" in the above-captioned matter); and
C. On January 13, 2020, the Court filed its Findings of Fact, Conclusions of Law and Order
Approving Petition and Transfer of Title and Possession. On January 31, 2020, the Court filed its
Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and Transfer of
Title and Possession (the "Order") in the above matter, approving the City's acquisition of the
interests in the Property and authorized the City to obtain the early transfer of title and possession of
the Property upon the City's payment to the Owners or deposit with the Court of the City's
approved appraisal value for the Property pursuant to Minnesota Statutes, Section 117.042; and
D. On February 18, 2020, pursuant to the Order, the City deposited with the Court
Administrator's Office 889,750.00, which is the amount of the City's approved appraised value for
the Properties (the"Quick Take Deposit"); and
E. On February 18. 2020, the City filed said Order in the Office of the County
Recorder/Registrar of Titles for Carver County, as Document No. A691 199, and filed the Receipt of
Deposit for the Properties in the Office of the County Recorder/Registrar of Titles for Carver
County, as Document No. A691201, thereby causing title and the right to possession of the
Properties to pass to the City; and
F. The Parties have reached an agreement on the total amount which the City will pay to the
Owner in settlement of all claims which the Owner may have against the City for the taking by the
City of the Properties from Owners in this matter, including any relocation claims, and the Parties
hereby enter this Agreement to confirm the terms and conditions of said agreement.
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DOCSOPEN 0i135y6I 72196:.v1-5 IS121
Terms of the Agreement
NOW, THEREFORE, in consideration of their mutual promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
stipulate and agree as follows:
1. Recitals. The recitals set forth above are true and accurate and each are incorporated
as material tenns.
2. Settlement Amount. The Parties stipulate and agree to a full settlement and award of
damages for the taking of the Properties in the amount of Two Hundred Twenty Thousand Dollars
and N'O1100 (S220,000) ("Settlement Amount"), payable to the Owner as set forth in Section 4
below.
3. Proposed Award. The Parties agree to the issuance by the court-appointed
commissioners of a report of commissioners for the Properties equal to the Settlement Amount,
payable entirely to the Owner, with zero dollars payable to all other Respondents, in substantially
the form attached as Exhibit B ('Proposed Award"). Once the Commissioners have signed the
Proposed Award, the City shall file it with the District Court and serve notice of its filing. Should an
interested party object to the entry of the Report of Commissioners or file a timely appeal under
Minnesota Statutes, Section 117.145, this stipulation shall be void without further action by either
Party.
4. Payment. Within 15 business after the expiration of the appeal period under
Minnesota Statutes, Section 117.145 without appeal, the City shall pay the remaining amount of the
Settlement Amount to the Owner by issuing a check in the amount of S 130,250.00 in the names of
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DOCSOPEN CH I35V6 E72196;s2-5,1821
Thomas J. Gertz and Morphew Law Office, PLLC, and delivering it care of Morphew Law Offices,
Attn: Jon W. Morphew, 310 4th Avenue South, Suite 5010 Minneapolis, MN 55415.
5. Other Considerations. In exchange for the Settlement Amount, the Parties agree not
to appeal this Agreement; the Settlement Amount; or the Proposed Award.
6. Full and Final Compromise. The terms and conditions of this Agreement constitute a
full and final compromise of all matters in dispute with respect to the Properties and the Parties,
including any and all relocation claims related to the Property. In consideration of the Settlement
Payment and the other terms and conditions of this Agreement, Owners waive any and all claims
Owners may have against the City in connection with this condemnation action, including without
limitation, just compensation, statutory remedies, all severance damages, and any other damages.
interest, appraisal fees, attorney fees, appraisal fees (including under Minnesota Statutes, Section
117.036) and costs and disbursements to which Owners may otherwise be entitled. Owners waive
any and all rights to further notices, viewings, or hearings regarding this action, including without
limitation, the right to participate or claim additional money at any commissioners' hearings held
with the remaining parties within the condemnation action.
7. Condemnation Action. After this Agreement is executed and payment is issued, the
City may file a Final Certificate and Discharge of Notice of Lis Pendens in this action with respect
to the Properties. Each Party will bear its own costs in connection with this action. The district court
shall retain jurisdiction to enforce the terms of this Agreement.
8. Entire Agreement. The undersigned state and represent that each has fully read this
Agreement, and that each knows and understands its consequences and legal effect. The Agreement
and the documents incorporated herein contain the entire agreement of the Parties regarding this
matter.
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DOCSOPEN CH13561 72:961 v2-518/21
9. Execution. The Parties agree that this Agreement may be executed in separate
counterparts which, taken together, shall be and comprise one agreement.
10. Authority. Any person signing this Agreement in a representative capacity
represents and warrants by signing this Agreement that it is the signer's intent to bind the principal
being represented to the terms and conditions of this Agreement, that the signer has been authorized
to hind the principal to the terms and conditions, and that it is the intent of the principal to be so
hound.
IN WITNESS THEREOF, the undersigned have each executed this Agreement on the day
and year set forth below.
{Remainder of Page Intentionally Left Blank; Signature Pages to Follow}
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DOCSOPE'C CH 135V61"2_1961.v2-5.18/21
{Signature Page for Owner}
OWNERS:
THOMAS J. GERTZ
/.
Dated: 6A,202 , 2021
MORPHEW LAW OFFICES, P.L.L.0
Dated: O(/2,. 3 , 2021
on W. Morph (#i87301)
/ 310 4th Avenue South. Suite 5010
Minneapolis, MN 55415
(612) 790-9189
ATTORNEY FOR OWNER
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DOC:SOPENVCH 135A61 A721961.v2-5/1821
{Signature Page far the City}
Dated:C.1(j Lj 17 , 2021 CITY OF CHANHASSEN
Elise CMayor
LOMAS
Laurie Hokkanen, City Manager
Dated: , 2021 KENNEDY & GRAVEN, CHARTERED
Douglas D. Shaftel (#0391985)
Nick P. Valle (#0401118)
Fifth Street Towers
150 South 5th Street. Ste. 700
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
CITY OF CHANHASSEN
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DOCSOPEN CH 135\6I A 721961.r2-5 I R/21
EXHIBIT A
Parcels 16A & 16B
Property Tax Identification No. 25.025-2800
Property Address: 10001 Great Plains Boulevard, Chaska, MN 55318
Property: Abstract
Legal Description of Subject Property:
That part of the Southwest Quarter of Section 25, Township 116 North, Range 23 West. described
as: Commencing at a point on the North line of said Southwest 1/4 distant 1279.23 feet East of the
Northwest corner of said Southwest 1/4, said point being on the center line of State Highway #101;
thence South 3 degrees 25 minutes West 198.77 feet; thence Southwesterly 401.01 feet along a
tangential curve to the left, having a radius of 546.83 feet; thence South 45 degrees 26 minutes West
826.78 feet: thence South 23 degrees 51 minutes East 158.43 feet; thence South 89 degrees 08
minutes East 189.2 feet to the point of beginning of the land to be described; thence South 89
degrees 08 minutes East 444.45 feet; thence South 34 degrees 42 minutes 50 seconds West 685.20
feet to the center line of State Highway No.101; thence North 16 degrees 21 minutes West 26.66
feet; thence Northwesterly 129.68 feet along a tangential curve to the left, having a radius of 468.92
feet: thence North 0 degrees 52 minutes East 426.59 feet to the actual point of beginning.
EXCEPT: That part of the West Half of the Southwest Quarter of Section 25, Township 116 North,
Range 23 West, shown as Parcel 3 on Minnesota Department of Transportation Right of Way Plat
Numbered 10-45 as the same is on file and of record in the office of the County Recorder in and for
Carver County, Minnesota.
Legal Description of Portion of Subject Property to Be Acquired in Fee:
Parcel 16 as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record
in the office of the County Recorder, Carver County, Minnesota, containing a total of 4,055 square
feet, more or less.
Legal Description of Portion of Subject Property to Be Encumbered Herein by Permanent
Easement for Drainage and Utility Purposes:
A Permanent Drainage and Utility Easement Parcel forming and being a part of Parcel 16, as shown
on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the
County Recorder, Carver County, Minnesota, containing a total of 15,255 square feet, more or less.
Description of Portion of Subject Property to Be Encumbered Herein by Temporary
Easement for Construction Purposes:
Various Temporary Easement Parcels forming and being a part of Parcel 16, as shown on CARVER
COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County
Recorder, Carver County, Minnesota, containing a total of 12,707 square feet, more or less.
Term of Temporary Easement:
The temporary easement tract will expire on December 31, 2021.
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DOCSOPE:C CHL5161'721961.v2-50021
Respondents Interests
Thomas J. Gertz Fee Owner (Surviving Joint Tenant)
Mortgage Electronic Registration Systems, Mortgagee
Inc., a Delaware corporation, as nominee for
American Mortgage Corporation, a
Minnesota corporation
U.S. Bank National Association, tka U.S. Mortgagee
Bank National Association, ND
City of Chanhassen Special Assessments, if any
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs. devisees acquired portion of the Subject
and spouses, if any Property
A-9
DOCSOPEN-CH 13561 721961.v2-5 18/21
Parcel 17
Property Tax Identification No. 25.025-2600
Property Address: 10001 Great Plains Boulevard, Chaska, MN 55318
Property: Abstract
Legal Description of Subject Property:
That part of the Southwest Quarter of Section 25, Township 116 North, Range 23 West, Carver
County, Minnesota, described as: Commencing at a point in the North line of said Southwest 1/4
distant 1279.23 feet East of the Northwest corner of said Southwest 1/4, said point being on the
center line of State Highway #101; thence South 3 degrees 25 minutes West 198.77 feet; thence
Southwesterly 401.01 feet along a tangential curve to the left, having a radius of 546.83 feet; thence
South 45 degrees 26 minutes West 826.78 feet to the actual point of beginning of the land to be
described; thence South 23 degrees 51 minutes East 158.43 feet; thence South 89 degrees 08
minutes East 633.65 feet: thence South 34 degrees 42 minutes 50 seconds West 685.20 feet to the
center line of State Highway #101; thence North 16 degrees 21 minutes West 26.66 feet; thence
Northwesterly 355.88 feet along a tangential curve to the left, having a radius of 468.92 feet; thence
North 59 degrees 50 minutes West 96.50 feet; thence Northwesterly 385.82 feet along a tangential
curve to the right having a radius of 210 feet; thence North 45 degrees 26 minutes East, 55.68 feet to
the actual point of beginning.
EXCEPTING THEREFROM: That part of the Southwest Quarter of Section 25, Township 116
North, Range 23 West, described as: Commencing at a point on the North line of said Southwest 1/4
distant 1279.23 feet East of the Northwest corner of said Southwest 1/4. said point being on the
center line of State Highway #101; thence South 3 degrees 25 minutes West 198.77 feet; thence
Southwesterly 401.01 feet along a tangential curve to the left, having a radius of 546.83 feet; thence
South 45 degrees 26 minutes West 826.78 feet; thence South 23 degrees 51 minutes East 158.43
feet; thence South 89 degrees 08 minutes East 189.2 feet to the point of beginning of the land to be
described; thence South 89 degrees 08 minutes East 444.45 feet; thence South 34 degrees 42
minutes 50 seconds West 685.20 feet to the center line of State Highway #101; thence North 16
degrees 21 minutes West 26.66 feet; thence Northwesterly 129.68 feet along a tangential curve to
the left, having a radius of 468.92 feet; thence North 0 degrees 52 minutes East 426.59 feet to the
actual point of beginning.
ALSO EXCEPT: That part of the West Half of the Southwest Quarter of Section 25. Township 116
North, Range 23 West, shown as Parcel 3 on Minnesota Department of Transportation Right of
Way Plat Numbered 10-45 as the same is on file and of record in the office of the County Recorder
in and for Carver County, Minnesota.
Legal Description of Portion of Subject Property to Be Acquired in Fee:
Parcels 17A, 17B. 17C and 17D, all as shown on CARVER COUNTY RIGHT OF WAY PLAT
No. 29, on file and of record in the office of the County Recorder, Carver County, Minnesota,
containing a total of 75,386 square feet, more or less.
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DOCSOPEN',CH I35A61'721961 v2-5.1R/21
Description of Portion of Subject Propercv to Be Encumbered Herein by Temporary
Easement for Construction Purposes:
A Temporary Easement Parcel forming and being a part of Parcel 17, as shown on CARVER
COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County
Recorder, Carver County, Minnesota, containing a total of 5,632 square feet, more or less.
Term of Temporary Easement:
The temporary easement tract will expire on December 31, 2021.
Respondents I Interests
Thomas J. Gertz Fee Owner (Surviving Joint Tenant)
Mortgage Electronic Registration Systems, Mortgagee
Inc., a Delaware corporation, as nominee for
American Mortgage Corporation, a
Minnesota corporation
J.S. Bank National Association, fka U.S. Mortgagee
Bank National Association. ND
City of Chanhassen Special Assessments, if any
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any Property
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DOCSOPEN^CH 135v61 721961 A.2-5 18/2I
EXHIBIT B
Form of Proposed Award
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Case Type: Condemnation
The City of Chanhassen, a Minnesotamunicipal Court File No. 10-CV-19-1 132
corporation,
Petitioner,
REPORT OF COMMISSIONERS
vs. PARCEL 16 & 17
PCH Development, LLC, et al,
Respondents.
We, the undersigned Commissioners, appointed in this matter by Order of this Court, do
hereby report as follows:
1.
We met at the time and place appointed by this Court in the office of the Court
Administrator, and each took the oath prescribed by law.
II.
After notice, we viewed the property identified as Parcels 16 and 17 described on
Exhibit A of the Court's Amended Findings of Fact, Conclusions of Law, and Order
Approving Petition and Transfer of Title and Possession filed January 31, 2020.
III.
After notice of meeting and an opportunity for possible claimants to be heard. we make
the below award for damages as to Parcels 16 & 17. The award is based on the commissioners
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Dcx:SOPENCHt3561'.721961 v2-51S/21
viewing of said real estate and the Stipulation of Settlement for Parcels 16 & 17, attached here
to as Exhibit A (the "Stipulation"), which we.received and accepted.
We heard no testimony relative to this taking nor reviewed any appraisal or other
evidence of fair market value or damages related to the taking, other than the Stipulation:
Thomas J. Gertz $220,000.00
Mortgage Electronic Registration Systems, Inc., $0.00
as nominee for American Mortgage Corporation.
U.S. Bank National Association, $0.00
fka U.S. Bank National Association, ND
The foregoing award assumes that the above-referenced properties are free of all
pollutants, contaminants and hazardous wastes. We have not assessed any damages for the
presence of pollutants, contaminants. and hazardous wastes on the subject properties. This
award is made with the express understanding that the Petitioner, the City of Chanhassen, has
reserved all rights to recover damages, testing costs and cleanup-costs attributable to the
existence of pollutants, contaminants or other hazardous wastes on the properties from the
Owner in a separate legal action.
Dated:
Richard Black
Commissioner
Dated:
Virginia Bell
Commissioner
Dated: •
Peter Sampair
Commissioner
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DOCSOPEV.cH135161 721961 e2-51S/21 •
EXHIBIT A
Stipulation of Settleinen; A 2i.eernent For Parcels 16 & 17
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