HomeMy WebLinkAbout6.l. Acquisition of Easement - Parcel 11 - Bacardi Ave ImprovementsROSOUN'FEM EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: June 16, 2015
AGENDA ITEM: Acquisition of Easement - Parcel 11,
AGENDA SECTION:
Bacardi Avenue Improvements, City
Project 452
Consent
PREPARED BY: Phil Olson, Assistant City Engine AGENDA NO.
ATTACHMENTS: Stipulation of Settlement; Map APPROVED BY:
RECOMMENDED ACTION: Motion to Authorize Payment to Asad Irfanullah & Noreen
Shiekh (Parcel 11) and Authorize Signatures on Stipulation for Temporary and Permanent
Easement and Appraisal 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 Bacardi Avenue Improvements. An agreement has been
made with Asad Irfanullah&Noreen Sheikh (Parcel 11) for the property shown on the attached map.
Staff is requesting that Council authorize payment outlined in the attached Stipulation for Settlement as
follows:
Parcel ID Name Address Amount
34-45601-01-010
Asad Irfanullah& Noreen
12890 Bacardi Avenue 6,500.00
Sheikh
The proposed payment is based on negotiations. The attached Stipulation of Settlement for Parcel 11
includes settlement for the easements and compensation for an appraisal.
SUMMARY:
Staff is recommending that Council authorize payment as provided by the agreement to Asad Irfanullah &
Noreen Sheikh for temporary and permanent easements and compensation for an appraisal as proposed in
the above motion. Staff also requests Council authorization to execute the Stipulation of Settlement which
outlines the negotiated agreement.
G:\ENGPROJ\452\Council Items\2015061 6 CC AuthorizePaymentEasementAcquisition.docs
6.l.
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Case Type: Condemnation
City of Rosemount, a municipal corporation under Court File No. 19HA-CV-14-669
Minnesota law,
Petitioner,STIPULATION OF SETTLEMENT
PARCEL 11)
vs.
Jeanne Reuter, et al.,
Respondents.
THIS STIPULATION is made by and between Petitioner City of Rosemount ("City") and
Asad Irfanullah and Noreen Sheikh("Owners").
RECITALS
1. The following recitals are a part of the parties' stipulation.
2. Asad Irfanullah and Noreen Sheikh, as joint tenants, are the fee owners of the real
property ("Property") identified as Parcel 11 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 11, is attached and incorporated herein.
3. The City commenced this condemnation action to acquire a permanent drainage and
utility easement and a temporary construction easement (the "Easements") over portions of the
Property for the purposes of upgrading Bacardi Avenue between 130th Street West and Bonaire
Path West("Project").
1
459192v1 DDS RS220-357
4. The City has deposited the sum of Fifteen Hundred and 00/100 Dollars ($1,500.00)
with the Dakota County District Court, in payment of its approved appraisal of value for the taking
and damages to Parcel 11 ("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:
1.Stipulation to Commissioners' Award. The City and the Owners agree to a full and
final settlement of all claims of the Owner with respect to the City's acquisition of the Easements in
the amount of Five Thousand and 00/100 Dollars ($5,000.00). Further, the City shall pay the
Owners Fifteen Hundred and 00/100 Dollars ($1,500.00) as reimbursement for the costs of
obtaining an appraisal. The total settlement amount shall be Sixty-Five Hundred and 00/100
Dollars ($6,500.00) ("Settlement Amount"). This settlement agreement is contingent upon the
approval of the City of Rosemount City Council.
2.Payment. Within 30 business days following the Effective Date, the City shall pay
the Owner the Settlement Amount.
3.Deposit. The Owner assigns to the City all right, title and interest in the Deposit.
The City may apply to the Court at any time for disbursement to the City of the Deposit, together
with any interest that has accrued thereon, without further notice to the Owner. The City and the
Owner agree to the entry of a Court order directing disbursement to the City alone of the Fifteen
Hundred and 00/100 Dollar($1,500.00) Deposit,together with any interest that has accrued thereon.
4.Other Considerations. The parties agree to the following additional terms:
2
459192v1 DDS RS220-357
a. The Owners acknowledge that they will not have to relocate as a result of the
Project.
b. Each party will bear its own costs in connection with this action.
5.Full and Final Compromise. The Owners and the City acknowledge that the terms
and conditions of this Stipulation constitute a full and final compromise of all matters in dispute
with respect to Parcel 11. In consideration of the Settlement Amount and other terms and
conditions of this Stipulation, the Owners waive any and all claims they may have against the City
in connection with this condemnation action, including without limitation, just compensation,
statutory remedies, any other damages, interest,relocation benefits, appraisal fees, attorney fees, and
costs and disbursements to which the Owners may otherwise be entitled. The Owners waive any
and all rights to further notices,viewings, or hearings regarding this action.
6.Condemnation Action. The City will file this Stipulation of Settlement and a Final
Certificate in this action with respect to Parcel 11, and record a discharge of lis pendens with respect
to Parcel 11 in the Office of the Dakota County Recorder. The district court shall retain jurisdiction
to enforce the terms of this Stipulation of Settlement.
7 Entire Agreement. The undersigned state and represent that they have fully read this
Stipulation, and that they each know and understand the consequences and legal effect thereof. This
Stipulation contains the entire agreement of the parties with regard to the matters set forth herein.
8.Execution. The parties agree that this Stipulation may be executed in separate
counterparts which,taken together, shall be and comprise one agreement.
3
459192v1 DDS RS220-357
Dated: 2015 OWNERS
Asad Irfanullah
Noreen Sheikh
Dated: 2015 CITY OF ROSEMOUNT
By:
Its: Mayor
By:
Its: Clerk
Dated: 2015 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)3 37-93 00
ATTORNEYS FOR PETITIONER
CITY OF ROSEMOUNT
4
459192v1 DDS RS220-357
EXHIBIT A
Parcel No. 11: Property I.D. 34-45601-01-010,Abstract
Property Address: 12890 Bacardi Ave,Rosemount,MN 55068
Description of Subject Property:
Lot 1, Block 1,Mallard Pond Second Addition,Dakota County,Minnesota.
The"Property")
Description of easements to be taken:
A permanent easement for drainage and utility purposes over,under,and across the Property,described
as follows:
Commencing at the North Quarter Corner of Section 21,Township 115 North,Range 19 West
of the Fifth Principal Meridian;thence South 89 degrees 13 minutes 48 seconds East,assumed
bearing along the north line thereof, 50.00 feet to the west line of said Lot 1 and the point of
beginning;thence North 00 degrees 03 minutes 06 seconds East,along said west line,20.00 feet;
thence South 89 degrees 13 minutes 48 seconds East,parallel to said north line,40.00 feet;
thence South 00 degrees 03 minutes 06 seconds west,parallel to said west line,20.00 feet;
thence South 00 degrees 18 minutes 31 seconds West,parallel to said west line,20.00 feet;
thence north 89 degrees 13 minutes 48 seconds West,parallel to said north line,40.00 feet to
said west line;thence North 00 degrees 18 minutes 31 seconds East,along said west line,20.00
feet to the point of beginning.
Together with a temporary easement for construction purposes,over,under,and across the Property,
described as follows:
Commencing at the North Quarter Corner of Section 21,Township 115 North,Range 19 West
of the Fifth Principal Meridian;thence South 89 degrees 13 minutes 48 seconds East assumed
bearing along the north line thereof, 50.00 feet to the west line of said Lot 1;thence North 00
degrees 03 minutes 06 seconds East,along said west line,20.00 feet to the point of beginning;
thence South 89 degrees 13 minutes 48 seconds East,parallel to said north line,40.00 feet;
thence South 00 degrees 03 minutes 06 seconds west,parallel to said west line,20.00 feet;
thence South 00 degrees 18 minutes 31 seconds West,parallel to said west line,20.00 feet;
thence north 89 degrees 13 minutes 48 seconds West,parallel to said north line,40.00 feet to
said west line; thence South 00 degrees 18 minutes 31 seconds West,along said west line,
234.53 feet to the south line of said Lot 1;thence South 89 degrees 40 minutes 27 seconds East,
along said south line,25.00 feet;thence North 00 degrees 18 minutes 31 seconds East,parallel
to said west line,219.33 feet;thence South 89 degrees 13 minutes 48 seconds East,parallel to
said north line,45.00 feet;thence North 00 degrees 18 minutes 30 seconds East,parallel to said
west line, 35.79 feet;thence North 00 degrees 03 minutes 06 seconds East,parallel to said west
line, 34.21 feet;thence North 89 degrees 13 minutes 48 seconds West,parallel to said north line,
70.01 feet t said west line;thence South 00 degrees 03 minutes 06 second West,along said west
line,20.00 feet to the point of beginning.
Said temporary easement shall begin on June 2,2014 and expire on December 31, 2015.
A-1
459192v1 DDS RS220-357
Subject to easements of record, except as taken herein.
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Asad Irfanullah and Noreen Sheikh,joint Fee owners
tenants
Spouse of Asad Irfanullah, if any Inchoate interest
Spouse of Noreen Sheikh,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
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in the
Subject Property within the taking areas described above.
A-2
459192v1 DDS RS220-357
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0 30 60 Date 1/6/2014 Project No 1916-92