The URL can be used to link to this page

Home My WebLink About6.g. Compensation on Easement Acquistion-Eastside Waterman, Phase II. City Proj 345CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: February 15, 2005 AGENDA ITEM: Compensation on Easement Acquisition- AGENDA SECTION: Eastside Watermain, Phase II, City Project #345 Consent PREPARED BY: Andrew J Brotzler, P E City Engineer DI6: ATTACHMENTS: Legal Fee Invoice APPROVED BY: RECOMMENDED ACTION: MOTION TO AUTHORIZE COMPENSATION FOR EASEMENT ACQUISITION FOR EASTSIDE WATERMAIN, PHASE II, CITY PROJECT #345 11,944 35 ACTION: 3,730 48 BACKGROUND: This item is on the agenda for Council to approve additional compensation for easement acquisition of Parcel 4 for the Eastside Watermain, Phase II Project, City Project #345 The City received the Easement Agreement documents on November 17. 2004. The additional compensation for the Weiderhold, et al easement in the amount of $4,435 51 is for legal fees dealing with the easement acquisition process and additional crop compensation for additional temporary easement Following is a table explaining the proposed compensation compared to the original compensation amounts Council approved on April 17, 2003 After Council approved the original amounts for the easement acquisition a new easement agreement had been proposed for additional temporary easement due to an alignment alteration of the watermain to preserve existing trees and to provide the contractor sufficient space to construct the project which resulted in the additional 1 74 acres for crop damage Also, when the original compensation amount was approved, the legal fees were an estimate and due to the amount of time spent in acquiring the easement, the legal fees were higher than originally estimated The permanent easement acquisition for the site of the pressure reducing valve station has remained Crop Damage Legal Fees Land Acquisition Total Original Compensation 9,331 65 2,000 00 3,730 48 15,062 13 Proposed Compensation 11,944 35 3,822 81 3,730 48 19,497 64 Difference 2,61270 1,822 81 4,43551 After Council approved the original amounts for the easement acquisition a new easement agreement had been proposed for additional temporary easement due to an alignment alteration of the watermain to preserve existing trees and to provide the contractor sufficient space to construct the project which resulted in the additional 1 74 acres for crop damage Also, when the original compensation amount was approved, the legal fees were an estimate and due to the amount of time spent in acquiring the easement, the legal fees were higher than originally estimated The permanent easement acquisition for the site of the pressure reducing valve station has remained the same from the original compensation amount SUMMARY: Due to the fact that the additional crop damage occurred and the legal fees were higher than estimated, additional compensation in the amount of $4,435 51 does appear to be fair and reasonable and Staff recommends Council approval of additional compensation to the property owner for expenses incurred FLUEGEL MOYNIHAN P.A. Donald J Fluegel Shawn M Moynihan Daniel J Fluegel Attomeys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033 -2477 Telephone 651- 438 -9777 Fax 651 438 -9775 January 20, 2005 John Wiederhold 3370 145th Street West Rosemount, MN 55068 RE: Rosemount Water Easement Dear John On January 19, 1 received a call from Anthony Aderhold at the City Hall He said that he has been in touch with you about obtaining a billing for the amount that the City is going to be paying in connection with the easement After receiving that call I reviewed my file and I find that we sent to you four different billings for the easement matter going back to February of 2003 1 won't bother to reiterate why so much time was expended as I am sure you recall the various communications, etc that were required In any event, enclosed are photocopies of our file copies of the billings as follows August 12, 2003, $2,200 25, January 15, 2004, $175 45, July 14, 2004, $1,145 30 and December 8,2004,$27880 This totals $3,799 80 for attorney fees and the billing of July 14, 2004 includes a cost advance item for parcel service of $23 01 bringing the grand total to $3,82281 1 believe that this is the amount of the claim that you should submit (presumably along with other items such as crop damage, etc to the City I understand that the amount that is received from the City will go to your account, as we have, I believe, been paid by you for all of these items with the possible exception of the December 8, 2004 billing As ever if there are any questions, let me know Yours very truly, FIL E EL MO' Do Fluegel DJF /bum Enclosures :Ie1 Ja_1! Also adnutted to practice in Wisconsin Donald J Fluegel Shawn M Moynihan Daniel J Fluegel FLUEGEL MOYNIHAN P.A. Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033 -2477 JOHN WIEDERHOLD 3370 -145TH STREET WEST ROSEMOUNT MN 55068 ROSEMOUNT WATER EASEMENT Telephone 651 -438 -9777 Fax 651 -438 -9775 PAGE 1 January 15, 2004 ACCOUNT NO WIE70952 -002D 18102 FEES 08/13/03 TELEPHONE CONFERENCE WITH A ADERHOLD 08/19/03 REVIEW, LETTER REGARDING LATEST REVISION OF PARCEL 4 EASEMENT FOR CURRENT SERVICES RENDERED PREVIOUS BALANCE TOTAL CURRENT WORK PAYMENTS TOTAL PAYMENTS BALANCE DUE IF YOU HAVE ANY QUESTIONS, PLEASE CALL THANK YOU WE APPRECIATE YOUR BUSINESSI 175 45 $2,200 25 175 45 -2,200 25 $175 45 Also admitted to practice in Wisconsin r FLUEGEL MOYNIHAN P.A LT— D Attorneys At Law Donald J Fluegel 1303 South Frontage Road, Suite 5 Telephone 651 -438 -9777 Shaxm M Moynihan Hastings, MN 55033 -2477 Fax 651 -438 -9775 Darnel J Fluegel PAGE 1 JOHN WIEDERHOLD December 08, 2004 3370 -145TH STREET WEST ACCOUNT NO WIE70952 -002D ROSEMOUNT MN 55068 20684 ROSEMOUNT WATER EASEMENT FEES 11/02/2004 OFFICE CONFERENCE WITH JOHN AND JUDY WIEDERHOLD TO SIGN AND NOTARIZE EASEMENT AGREEMENT, PARCEL 4 11/08/2004 OFFICE CONFERENCE WITH CINDY AND RICHARD McNARY TO SIGN AND NOTARIZE 11/16/2004 LETTERS TO MR ADERHOLD WITH EASEMENT AND TO MR. WERTHEIM 11/17/2004 PREPARE LETTER TO ANTHONY ADERHOLD, PROJECT ENGINEER AT CITY OF ROSEMOUNT PROVIDING FULLY SIGNED EASEMENT, PREPARE LETTER TO ATTORNEY WERTHEIM PROVIDING COPY OF EASEMENT FOR CURRENT SERVICES RENDERED 278.80 PREVIOUS BALANCE $678 70 TOTAL CURRENT WORK 278 60 PAYMENTS TOTAL PAYMENTS 678.70 BALANCE DUE $2 78 80 IF YOU HAVE ANY QUESTIONS, PLEASE CALL. THANK YOU WE APPRECIATE YOUR BUSINESSI Also ad-nutted to practice in Wisconsin FLUEGEL MOYNIHAN P.A. Attornevs At Law Donald J Fluegel Shawn M Moynihan Darnel J Fluegel JOHN WIEDERHOLD 3370 -145TH STREET WEST ROSEMOUNT MN 55068 ROSEMOUNT WATER EASEMENT FEES Telephone 651 -438 -9777 Fax 651- 438 -9775 PAGE 1 August 12, 2003 ACCOUNT NO WIE70952 -002D 17026 02/24/03 REVIEW EASEMENT, TELEPHONE CONFERENCE WITH ATTORNEY WERTHEIM 02/25/03 OFFICE CONFERENCE WITH JOHN WIEDERHOLD REGARDING EASEMENTS, REVIEW DESCRIPTIONS 02/26/03 TELEPHONE CONFERENCE WITH JOHN REGARDING CROP DAMAGE, VALUE OF TAKING ETC 02/27/03 REVIEW CORRESPONDENCE, DESCRIPTION ETC, LETTER TO ATTORNEY WERTHEIM 03/06/03 REVIEW, LETTERS FROM ATTORNEY AND TO JOHN WIEDERHOLD REGARDING EASEMENT 03/11/03 TELEPHONE CONFERENCES WITH ATTORNEY WERTHEIM AND Le FEVRE, LETTER TO CLIENTS AFTER CORRECTING EASEMENTS 03/14/03 TELEPHONE CONFERENCE WITH JOHN WIEDERHOLD REGARDING PROPOSED EASEMENT ON EASTERLY (OPTION) PARCEL 03/19/03 TELEPHONE CONFERENCE WITH JOHN WIEDERHOLD REGARDING EASEMENT ON OPTION PARCEL 03/25/03 TELEPHONE CONFERENCE WITH JOHN WIEDERHOLD REGARDING PROPOSED RIGHT OF ENTRY AGREEMENT (PARCEL 4) FROM CITY OF ROSEMOUNT 03/26/03 REVIEW FAX FROM ATTORNEY WERTHEIM; TELEPHONE CONFERENCE WITH JOHN WIEDERHOLD REGARDING RIGHT OF ENTRY DOCUMENT, TELEPHONE CONFERENCE WITH ANTHONY ADERHOLD, ROSEMOUNT CITE PROJECT ENGINEER 04/08/03 TELEPHONE CONFERENCE WITH ATTORNEY LARRY WERTHEIM 04/10/03 TELEPHONE CONFERENCE WITH ATTORNEY WERTHEIM, MEMO TO JOHN 04/30/03 REVIEW DOCUMENTS; TELEPHONE CONFERENCE WITH JOHN 1303 South Frontage Road, Saute 5 Hastings, MN 55033 -2477 "Also adnutted to practice in Wisconsm Donald J Fluegel Shawn M Movrahm Daniel J Fluegel JOHN WIEDERHOLD ROSEMOUNT WATER EASEMENT Telephone 651 -438 -9777 Fax 651 -438 -9775 PAGE August 12, 200 ACCOUNT NO WIE70952 -0021 1702 05/02/03 TELEPHONE CONFERENCE WITH JOHN WIEDERHOLD REGARDING ROSEMOUNT EASEMENT 05/05/03 REVIEW REVISED EASEMENT, LETTER TO ATTORNEY WERTHEIM 05/08/03 LETTER TO CLIENT WITH REVISED EASEMENT ON PARCEL 4 05/12/03 TELEPHONE CONFERENCE WITH ATTORNEY WERTHEIM 06/17/03 FAX FROM MARY LOU AND TOM, LETTER TO JOHN 06/23/03 TELEPHONE CONFERENCE WITH JOHN REGARDING EASEMENT 07/16/03 OFFICE CONFERENCE WITH TOM MCCARTHY AND PATRICIA AND WALTER DZIEDZIC REGARDING SIGN EASEMENT PARCEL 4 (OPTION) 07/17/03 OFFICE CONFERENCE WITH JOHN AND JUDY WIEDERHOLD REGARDING SIGN EASEMENT AGREEMENT (OPTION PARCEL) 07/18/03 OFFICE CONFERENCE WITH RICHARD McNARY REGARDING SIGN EASEMENT PARCEL 4 (OPTION) 07/21/03 OFFICE CONFERENCE WITH CYNTHIA McNARY REGARDING SIGN EASEMENT PARCEL 4 (OPTION) 08/04/03 TELEPHONE CONFERENCE WITH MR ADERHOLD, TELEPHONE CONFERENCE WITH JOHN W 08/05/03 OFFICE CONFERENCE WITH JOHN AND JUDY WIEDERHOLD TO SIGN EASEMENTS (WESTERLY PARCEL) 08/06/03 LETTER TO ADERHOLD AT ROSEMOUNT ENCLOSING EASEMENTS REGARDING PARCEL 2 AND 3 08/11/03 REVIEW, LETTERS FROM AND TO MARY LOU REGARDING EASEMENT FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK FLUEGEL MOYNIHAN P,A. Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033 -2477 2,20C 2 2,200 2 Also admitted to practice in Wisconsin FLUEGEL MOYNIHAN P.A. Attorneys At Law Donald J Fluegel Shawn M Moynihan Darnel J Fluegel 1303 South Frontage Road, Suite 5 Hastings, MN 55033 -2477 JOHN WIEDERHOLD ROSEMOUNT WATER EASEMENT BALANCE DUE IF YOU HAVE ANY QUESTIONS, PLEASE CALL THANK YOU WE APPRECIATE YOUR BUSINESS? Telephone 651-438-9777 Fax 651 -438 -9775 PAGE: August 12, 200 ACCOUNT NO WIE70952 -0021 17021 $2,200.2' Also admitted to practise in Wisconsm FLUEGEL MOYNIHAN P.A. t Attorneys At Law Donald J Fluegel 1303 South Frontage Road, Suite 5 Telephone 651 -438 -9777 Shawn M Moynihan Hastings, MN 55033 -2477 Fax 651 -438 -9775 Damel J Fluegel PAGE- 1 JOHN WIEDERHOLD July 14, 2004 3370 -145TH STREET WEST ACCOUNT NO WIE70952 -002D ROSEMOUNT MN 55068 19638 ROSEMOUNT WATER EASEMENT FEES 04/01/2004 TELEPHONE CONFERENCE WITH ATTORNEY ADERHOLD REGARDING EASEMENT 04/02/2004 TELEPHONE CONFERENCE WITH JOHN, REVIEW EASEMENT DESCRIPTIONS, TELEPHONE CONFERENCE WITH JOHN 04/08/2004 TELEPHONE CONFERENCE WITH MARY LOU REGARDING EASEMENT, LETTER REGARDING EASEMENT, TELEPHONE CONFERENCE WITH PAT REGARDING TAXES TELEPHONE CONFERENCE WITH ANTHONY ADERHOLD REGARDING EASEMENT TO CITY 05/12/2004 REVIEW, LETTER FROM TOM, LETTER TO ADERHOLD ANALYSIS REGARDING TITLE WORK ON EASTERLY (OPTION) PARCEL 05/17/2D04 TELEPHONE CONFERENCE WITH ANTHONY ADERHOLD, PROJECT ENGINEER FOR CITY OF ROSEMOUNT REGARDING SANITARY SEWER LINE 05/18/2004 TELEPHONE CONFERENCE WITH LARRY WERTHEIM REGARDING EASEMENT TISSUES 05/19/2004 REVIEW DATA FROM MRS ADERHOLD; LETTER TO ATTORNEY WERTHEIM FOR CURRENT SERVICES RENDERED nnvn mice 1,145.30 04/15/2004 PAID UNITED PARCEL SERVICE FOR DELIVERY TO MARY LOU ON 4 -8 -04 23 01 TOTAL ADVANCES 23 01 Also admitted to practice to Wisconsin F &M FLUEGEL MOYNIHAN P.A. Attomeys At Law Donald J Fluegel Shawn M Moynihan Damel J Fluegel JOHN WIEDERHOLD 1303 South Frontage Road, Suite 5 Hastings, MN 55033 -2477 ROSEMOUNT WATER EASEMENT TOTAL CURRENT WORK BALANCE DUE IF YOU HAVE ANY QUESTIONS, PLEASE CALL THANK YOU WE APPRECIATE YOUR BUSINESSI ACCOUNT NO Telephone 651- 438 -9777 Fax 651 -438 -9775 PAGE 2 July 14, 2004 WIE70952 -002D 19638 1,168 31 $1,1 31 Also adnutted to prachce m Wisconsm