HomeMy WebLinkAbout6.l. Acquisition of Easement - Parcel 6, Bacardi Avenue Improvements, City Project 452 �tROSEMCJLINT EXECUTIVE SUMMARY
CITY �OUNCIL
City Council Meeting: September 2, 2014
AGENDA ITEM: Acquisition of Easement— Parcel 6, AGENDA SECTION:
Bacardi Avenue Improvements, City Consent
Project 452
PREPARED BY: Andrew J. Brotzler, PE, Director of i AGENDA NO. � �
Works / City Engineer � � �
ATTACHMENTS: Payment Request; Administrative
Settlement Request; Memorandum of APPROVED BY:
Agreement; Stipulation of Settlement,
Map
RECOMMENDED ACTION: Motion to Authorize Payment to Christopher and Karen
Gordon (Parcel 6) and Authorize Signatures on Stipulation for Settlement for Temporary
and Permanent Easement and Landscaping Compensation along Bacardi Avenue
BACKGROUND:
At the January 21, 2014 City Council meeting, authorization was given to present offers for temporary and
permanent easements needed to complete the BacaYdi Avenue Improvements. An agreement has been
reached with Christopher&Karen Gordon (I'arcel 6) for the propeYty shown on the attached map.
Staff is requesting that Council authorize the additional payment outlined in the attached Stipulation for
Settlement as follows:
Parcel ID Name Address Amount
34-02110-29-013 Christo heY&KaYen Gordon 12865 Bacardi Avenue $38,150.00
This proposed payment is based on negotiations. The settlement amount is based on the initial appraisal
amount. The attached Adininistrative Setdement Request for Parcel 6 explains the reasoning for the
increase in the settlement for the easement and landscaping compensation above the initial appraisal. The
total amount of compensation to be paid to the Gordons is $38,150. The City has already deposited the
amount of$30,850 with the Dakota County Court, leaving a remainder of$7,300 to be paid direcdy to the
Gordons.
SUMMARY:
Staff is recommending that Council authorize payment to Christopher and Karen Gordon for temporary
and permanent easements and landscaping compensation as proposed in the above motion. Staff also
requests Council authorization to execute the Stipulation of Setdement which outlines the negotiated
agreement.
G:AF,NGNROJ\452\Counci]Itcros\20140902 CC Authocize Payment Easement Acyuisition.doc�
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- Engineering ■ Planning ■ Environmental ■ Constr�ction 477 Temperance Street
&Associates,Inc. St.Paul,MN 55101
Tel: 651-286-8450
Fax:651-286-8488
ADMI1vISTRATIVE SETTLEMENT REQUEST
Date: August 12, 2014
To: Phil Olson
City of Rosemount
From: Ben Barker, Right of Way Agent
SUBJECT: Request for Settlement, Parcel 6 (Karen and Chris Gordon)
City Project Number: 452
The offer presented to Karen and Chris Gordon was in the amount of$30,850. This original offer
included 22 mature coniferous trees appraised at $500 per tree totaling$11,000. These trees were located
in the permanent easeinent.
After reviewing the property with the owner's,there were 22 additional trees within the teinporary
easement area that�vere removed and not compensated for in the appraisal. They requested an additional
$7,300 (roughly $332 per tree)for the loss of trees.
After reviewing their counter offer with thein,we reached an agreed settle�nent amount of$38,150.00.
This is an increase from the original offer which was$30,850.00. The increased amount is based on
additional value for the replacement cost for the impacted trees.
A settlement in the amount of$38,150.00 is recommended. This is an increase of$7,300.00 from the
initial offer. This settleinent is fair to both the City of Rosemount and the owners and would avoid the
additional cost of appraisal, continued negotiations and condemnation proceeduigs.
Additional cost for tree replacement: $7,300.00
Total Administrative Adjustments: � 7,30�.00
+County's Original Certified Value: $30.850.00
SETTLENTENT TOTAL: 538,1�0.00
This settlement has been approved by:
on ,2014.
(Date)
Minneapolis■St. Paul■ St. Cloud
Equal Opportunity Employer
MEMORANDUM OFAGREEMENT
Bacardi Avenue fmprovement Project
WSB Project No.: 1916-92
Parcel No.: 6
Owner: Christopher L.. Gordon and Karen M. Gordon
On this I���i day of Auqust, 2014, Christopher L. Gordon and Karen M. Gordon, owners of
the above described parcel of property located in the City of Rosemount, State of Minnesota, did execute
and deliver a conveyance of property rights to the City af Rosemount.
This agreement is now made and entered as a Memorandum of ali the terms, and the only terms, agreed
upon in connection with the above transaction. It is her�by acknowledged and agreed upon between the
parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired property rights are for use in connection with the construction of
the Bacardi Avenue Improvement Project.
2. The Owners understand and acknowledge that Agent for the City of Rosemount has no direct,
indirect, present, or contemplated future personal interest in the property or in any benefits
from the acquisition of the property.
3. That in full compensation for the conveyance of said property rights, the City of Rosemount
shall pay the Owners the sum of Thirty-eiqht thousand One hundred Fiftv and no/100
doilars ($38,150.00) for easements and damages. The check will be made payable to the
Owner. Owners understand that this is not a contract and the agreement is contingent on
City approval. If the City does not approve the agreement then all signed documents will be
returnsd to the Owners.
4. in the event of a clerical error, Grantor, whether one or more, agree to cooperate in correcting
the error including but not limited to resigning all documents.
It is understood and agreed that the entire agreement af the parties is contained in this Memorandum of
Agreement and Stipulation of Settlement dated �,.st /�;.�O�N and that these documents and
agreements include all oral agreements, representations, and negotiations between the parties.
Date: � /S 2a By: / �
Ben� Barker, Agent for the City of Rosemount
�
Christ 'her L. G��rdon
�
ren M. Gordon
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Case Type: Condemnation
City of Rosemount,a municipal corparation Court File No. 19HA-CV-14-6b9
under Minnesota law,
Petitioner, STIPULATION OF SETTLEMENT
PARCEL 6
vs.
Jeanne Reuter and Larry Reuter, et al.
Respondents.
THIS STIPULATION is made by and between Petitioner City of Rosemount ("City") and
Respondents Christopher L. Gordon and Karen M. Gordon,husband and wife ("Owners").
RECITALS
1. The following recitals are a part of the parties' stipulation.
2. The Owners are a married couple and the fee owners of the real property
("Property") identified as Parcel 6 on Exhibit A to the court order approving the City's Petition
(captioned "First Amended Findings of Fact, Conclusions of Law, and Order Approving First
Amendment to Petition and Transfer of Title and Possession"and filed June 2, 2014). A copy of an
excerpt of said Exhibit A, as it pertains to Parcel 6, is attached and incorporated herein.
3. The City commenced this condemnation action to acquire a pennanent easement
over the Property for drainaae, utility, and ponding purposes, together with a temporary
construction easeinent over portions of the Property for the purposes of upgrading Bacardi A��enue
between 130th Street West and Bonaire Path West("Project�').
�8573v2 h�1PP RS220-3�7
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4. The City has deposited the sum of $30,850.00 with the Dakota County District
Court, in payment of its approved appraisal of value for the taking and damages to Parcel 6
("Deposit").
5. The City and the Owners have reached a full and final settlement and compromise of
the matters in dispute.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual promises and other good and
valuable consideration, it is hereby stipulated and agreed between the parties as follows:
l. Stipulation to Commissioners' Award. The City and the Owners agree to the
issuance by the court-appointed commissioners herein of an award of damages for Parcel 6 in the
total amount of$38,150.00 ("Settlement Amount"). This settlement ab eement is contingent upon
the approval of the City of Rosemount City Council.
2. Pavment. The parties anticipate that the Owners will file a motion for disbursement
of the Deposit and, by no later than 30 days after execution of this Agreement, the City will pay the
Owners directly the balance of the Settlement Amount, $7,300.00.
3. Other Considerations. The parties agree to the following additional terms:
a. The Owners acknowledge that they �vill not have to relocate as a result of the
Proj ect.
b. The Owners acknowledbe that they did not obtain an appraisal.
4. Full and Final Compromise. The Owners and the City ackno�vledge that the terms
and conditions of this Stipulation of Settlemeilt constitute a full and final compromise of all matters
in dispute with respect to Parcel 6. In consideration of the Settlement Amount and other teims and
conditions of tlus Stipulation of Settlement, the Owners waive any and all claims they may have
against the City in comlection with this condeinnation action, including ���ithout limitation, just
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compensation, statutory remedies, any other damages, interest, relocation benefits, appraisal fees,
attorney fees, and costs and disbursements to which the O�vners may otherwise be entitled. The
Owners waive any and all rights to further notices,viewings, or hearings regarding this action.
5. Condemnation Action. The City will file this Stipulation of Settlement and a Final
Certificate in this action with respect to Parcel 6, and record a discharge of lis pendens with respect
to Parcel 6 in the Office of the Dakota County Recorder. Each of the parties will bear its own costs
in connection with this action. The district court shall retain jurisdiction to enforce the terms of this
Stipulation of Settlement.
6. Entire A�reement. The undersigned state and represent that they have fully read this
Stipulation of Settlement,and that they each know and understand the consequences and legal effect
tkereof. This Stipulation of Settlement contains the entire agreemenT of the parties with regard to
the matters set forth herein.
7. Execution. The parties agree that this Stipulation of Settlement may be executed in
separate counterparts which,taken together, shall be and comprise one agreement.
4=13�73v2 MPF RS220-3>7
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Dated: 1� �� , 2014 OWNERS
Christ h r L. Gor on
Karen M. Gordon
Dated: , 2014 CITY OF ROSEMOUNT
By:
Its: Mayor—William H. Droste
By:
Its: City Clerk—Clarissa Hadler
Dated: , 2014 KENNEDY & GRAVEN, CHARTERED
By:
Peter G. Mikhail (#249907)
Douglas D. Shaftel(#0391985)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
CITY OF ROSEMOUNT
448573v2 MPF RS220-3�7
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EXHIBIT A
Parcel No. 6: Property I.D. 34-02110-29-013, Abstract
Propertv Address: 13075 Bacardi Avenue, Rosemount, MN 55068
Description of Subiect Property:
The north 371.97 feet of the east 585.50 feet of Government Lot 1, Section 21, Township
115, Range 19,Dakota County, Minnesota.
(The "Property")
Descrintion of easements to be taken:
A permanent easement for drainage, utility, and ponding purposes, I7.00 feet in width over, under,
and across the following tract of land:
Said permanent easement lies east of line drawn parallel with and 50.00 feet west of the east line of
said Government Lot l, west of line drawn parallel with and 33.00 feet�vest of the east line of said
Governmen�Lot 1 and south of a line drawn parallel with and 60.00 feet south of the north line of
said Government Lot 1.
Together with a temporary easement for construction purposes, 159.00 feet in width, over, under,
and across the Property, which lies westerly of line drawn parallel with and 50.00 feet west of the
east line of said Government Lot 1, east of line drawn parallel with and 209.00 feet west of the east
line of said Government Lot 1 and south of a line drawn parallel with and 60.00 feet south of the
north line of said Government Lot 1.
Said temporary easement shall begin on June 2, 2014 and expire on December 31, 2015.
Subject to easements of record, except as taken herein.
Interests beina encumbered`vithin the takina areas described abo_v_e:
NAME NATURE OF INTEREST
Christopher L. Gordon and Karen M. Gordon, Fee owners
joint tenants
Spouse of Karen M. Gordon, if any Inchoate interest
Spouse of Christopher L. Gordon,if any Inchoate interest
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs,devisees acquired portion of the Subject Property
and spouses, if any, of the named parties
a-13�73v2 MPF RS?20-357
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TEMPORARY EASEMENT DRAINAGE AND
� AREA=49,382 SQFT � UTILITY EASEMENT
AREA: 5,289 SQFT
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Prepa�edby.• Bacardi Avenue Improvements
- M nneapoAs,MN 55416 Suite 300 !�C ROSEMOLINT
{I�/SB Tei:na��ai-aeoo.Fax:��salsai-nro � � Parcel Sketch
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Date 1/6/2014 Pro"ect No 1916-92