HomeMy WebLinkAbout6.k. Acquisition of Easements – Diamond Path Trail Project, City Project 434 ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 3, 2012
AGENDA ITEM: Acquisition of Easements — Diamond Path AGENDA SECTION:
Trail Project, City Project 434 Consent
PREPARED BY: Andrew J. Brotzler, PE, Director of i •Iic AGENDA NO. Lil
Works / City Engineer •
ATTACHMENTS: Administrative Settlement Request; Map APPROVED BY:
t0 01
RECOMMENDED ACTION: Motion to Authorize Payment for Temporary and Permanent
Easement and Tree Damage along Diamond Path to Lutheran Church of Our Savior as
Recommended within the Executive Summary.
BACKGROUND:
At the Council meeting on February 6, 2012, authorization was given to present offers for temporary and
permanent easements needed to complete the Diamond Path Trail Improvements. To date, an agreement
has been made with the Lutheran Church of our Savior as shown on the attached map.
The proposed payment to Lutheran Church of Our Savior is based on renegotiations with the church's
attorney. The appraised value for this easement is $2900. Attached is an Administrative Settlement
Request which explains the reasoning for the increase in the settlement for the easements and tree
compensation.
Staff is requesting that Council authorize payment to Lutheran Church of our Savior as listed below:
Parcel # /PID Name Address Amount
34- 03010 -52 -060 Lutheran Church of Our Savior 14980 Diamond Path $5,000
SUMMARY:
Staff is recommending that Council authorize the payment for temporary and permanent easements and
tree damage as proposed in the above motion.
G: \ENGPROJ \434 \20120403 CC AuthorizePaymentEasementAcquisition .doc
WSB
& Assoc- Engineering • Planning • Environmental • Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 - 541 -4800
Fax: 763 - 541 -1700
ADMINISTRATIVE SETTLEMENT REQUEST
Date: March 28, 2012
To: Andrew Brotzler, Director of Public Works /City Engineer
City of Rosemount
From: Penny Rolf
SUBJECT: Request for Settlement
Parcel No. 4
Fee Owners: Lutheran Church of Our Savior
I have been in negotiations with Joel Jamnik, an attorney who is assisting the church with the
easement acquisition. The church board met and discussed the acquisition and the compensation
offered. They felt the land value of $1.50 per square foot was low and that the comparable # 5
was closer to the value of their parcel at $3.32 per square foot. They also felt that the
compensation for the trees was not adequate as it compensated for smaller trees than those being
impacted. They wanted to have a larger replacement tree than what was shown in the appraisal.
The church requested $5,000.00 for the easement and tree compensation.
I did review the comparables in the appraisal to see if I could justify an adjustment to the land
values. Comparable #5 was an active listing when the appraisal was completed and is still listed
at this time. That comparable was a smaller parcel and was zoned for multi - family development.
Both those factors would suggest a downward adjustment to the list price. Using that
information and reviewing the other comparables in the appraisal, I could not justify an increase
to the land valuation they were requesting of $4.15 per square foot.
In checking the value of $1,800.00 given for trees in the appraisal, the numbers quoted were for
(one) 4" Maple tree and (two) 3 `/2 " Linden trees from Gerten's Greenhouse. However, in
checking with Gerten's they do not have the capability of delivering and planting a tree of that
size. They could supply the trees but recommended that I contact St. Croix Tree Service. St.
Croix Tree Service had 4 -5" Maple and Linden trees for $650, installed and guaranteed for one
year. In an effort to reach a settlement, I would recommend replacing two smaller trees for each
larger one impacted. Using that method would bring the total tree compensation to $3,900.00.
Minneapolis • St. Cloud
Equal Opportunity Employer
Page 2
Administrative Settlement
Parcel 4- Lutheran Church of Our Savior
A settlement is in the amount of $5,000.00 is recommended, which is an increase of $2,100 from
the initial offer of $2,900.00. This settlement is fair to both the property owners and the City of
Rosemount.
Negotiated Settlement Amount: S2,100.00
Certified Offer amount: S 2,900.00
Administrative Adjustment: $5,000.00
This settlement has been approved by :
on , 2012.
(Date)
Diamond Path Trail rT ROSEMOUNT
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