2022-601
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 11, 2022 RESOLUTION NO: 2022-60
MOTION BY: McDonald SECONDED BY: Campion
RESOLUTION APPROVING SETTLEMENT AGREEMENTS
FOR CSAH 101 PARCELS 11 & 15
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 Harry and Judy Niemela Trust (the “Owner”) and as defined as Parcel 11 within
the Action (the “Properties”); and
WHEREAS, to facilitate the Project, the Action included acquiring certain real property
interests owned by Hagan Holdings, LLC (the “Owner”) and as defined as Parcel 15 within the
Action (the “Properties”); and
WHEREAS, subject to approval by the City Council, representatives of the parties have
negotiated a Settlement Agreement, copies of which are attached hereto as Exhibit A, which resolves
all outstanding claims and issues between the parties related to the Properties; and
WHEREAS, the City Council has fully considered the terms of the Settlement Agreements
and has determined that it is in the best interests of the community to approve them 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 Agreements
are 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 settlements contemplated herein, with all such actions to be in
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accordance with the terms and conditions set forth in this Resolution and the incorporated Settlement
Agreements.
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 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 11th day of July, 2022.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
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EXHIBIT A
The Settlement Agreements
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July 1
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July 11
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DOCSOPEN-CH135-61-799250.v1-5/25/22
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Case Type: Condemnation
The City of Chanhassen, a Minnesota municipal
corporation,
Petitioner,
vs.
PCH Development, LLC, et al,
Respondents.
Court File No. 10-CV-19-1132
STIPULATION OF SETTLEMENT
AGREEMENT (Parcel 15)
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”), Hagen Holdings LLC, a Minnesota Limited Liability Company (the
“Owner”), and Christopher Judd Hagen, Molly Lynn Hagen, and Hagen Lawn & Landscape, LLC,
a Minnesota Limited Liability Company (“Interested Parties”) (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
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July 11
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