HomeMy WebLinkAbout6.h. Acquistion of Easements - County Road 38, Phase II, City Project 387AGENDA ITEM: Acquisition of Easements Country Road
38, Phase II, City Project #387
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Enginee ,1
GEN.... i
ATTACHMENTS: Payment Authorization, Map
APPROVED BY: L` `t)
RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Road Easements
along County Road 38 to Robert and Margaret Kaufman as Recommended within the
Executive Summary.
Parcel #IPID
Name
Address
Amount
#4 34- 02110- 020 -37
Robert and Margaret Kaufman
2025 135" Street W
$21,000.00
4 ROSE MOUNT
CITY COUNCIL
City Council Meeting: March 21, 2006
BACKGROUND:
SUMMARY:
EXECUTIVE SUMMARY
The City has tetatned Evergreen Land Services to appraise and acquire property along the County Road
38, Phase II protect The appraisals have come in and Evergreen Land Service has been negonatmg with
mdividual property owners on behalf of the City.
Evergreen Land Services has acquired signed easements for the parcels fisted on the attached map. Staff is
asking that Council authorize payment to the following property owners with their respective amounts.
Staff is recommending that Council authorize the payment fot permanent road easements as proposed in
the above motion.
G \ENGPROJ\ 387 \Author zeParmentEasement .egmsmonCC3 -21-06 doc
March 3, 2006
City of Rosemount
Andrew 3. Brotzler, P.E
City Engineer
2875 145 Street West
Rosemount, MN 55068
RE: City of Rosemount: County Road 38 Reconstruction Project
Parcel 4
Dear Andrew,
Enclosed please find a photocopy of the easement document, original W -9,
offer change form and a payment authorization form.
Please send payments to the landowners to the address on the payment
authorization form.
If you have any question please feel free to call me (651- 882- 0200).
Sincerely,
Paul Storm
Acquisition Specialist
Evergreen Land Services
651 882 -0200
evergreen
LAND
SERVICES
COMPANY
Appraisal, Acquisition
and Relocation Specialists
9131 Old Sibley
Memonal Highway
Suite 201
Eagan. MN 55122
651 -882 -0200
888- 411 -1139
Fax 651- 882-6564
Parcel 4
Abstract/PID No. 34- 02110- 020 -37
EASEMENT
THIS INSTRUMENT is made by Robert L. Kaufinan and Margaret M. Kaufinan, husband
and wife, Grantors, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantors are the fee owners of the following described property in Dakota County,
Minnesota (the "Property
The East 241.7 feet of the South 391.7 feet of the Southeast Quarter of the Northwest
Quarter of Section 21, Township 115, Range 19, except the North 60 feet of the South 93
feet of the East 50 feet and except road, Dakota County, Minnesota.
B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantors, Grantors grant and convey to the Grantee the following easement:
A perpetual, non exclusive easement for street, utility and drainage purposes over, under,
across and through that part of the Property which lies southerly of a line drawn parallel
with and distant 50.00 feet northerly of the following described line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 21, Township 115, Range 19, Dakota County, Minnesota; thence South 00
degrees 19 minutes 33 seconds West, assumed bearing along the east line of said
Northeast Quarter of the Southwest Quarter, 19.09 feet, to the point of beginning of said
line to be hereinafter described; thence South 88 degrees 58 minutes 37 seconds West,
1085.75 feet, and said line there terminating.
2. Scope of Easement. The perpetual street, utility and drainage easement granted herein
includes the right of the Grantee, its contractors, agents, and employees to enter the premises at
CBR 27408591
RS220 -209
1
all reasonable times for the purpose of locating, constructing, reconstructing, operating,
maintaining, inspecting, altering and repairing within the described easement area a public
roadway, storm sewer, sanitary sewer and water facilities, ground surface drainage ways and
sidewalk, or other public facilities or improvements of any type that are not inconsistent with a
public right -of -way use.
The easement granted herein also includes the right to cut, trim, or remove from the
easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the
right, title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
5. Binding Effect. The tenns and conditions of this instrument shall run with the land and
be binding on the Grantors, their heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of n1 4Z .,LC 2006
CBR 274085v1
RS220 -209
The easement granted herein is subject to existing easements.
Margret Kaufman
2
STATE OF MINNESOTA
SS.
COUNTY OF j7,gMO+
The foregoing instrument was acknowledged before me this day of
!N
y4-rc.k 2006, by Robert L. Kaufinan and Margaret M. Kaufman, husband and wife,
Grantors.
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
470 U S Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
CBR 274085v1
R5220 -209
3
Notary Public
CITY OF ROSEMOUNT
Original Offer:
Date: 1 /27/06
New Right of Way (Permanent easement)
TOTAL COMPENSATION (rounded) $17,750.00
Due to a change in the Zoning from Transition Residential to Urban Residential the offer
presented to Robert Kaufman and Margaret Kaufman has been adjusted.
New Offer:
New Right of Way (Permanent easement)
OFFER CHANGE
City Project 387
County Rd. 38 Reconstruction
Parcel 4
Robert and Margaret Kaufman
2025 135` St, Rosennunt, MN 55068
7,026 sf x $2.52 /sf x 100% $17,741.00
7,026 sf x $2.984/sf x 100% $20,966.00
TOTAL COMPENSATION (rounded) $21,000.00
06
Agent
3p/04, ''1 (,R f Y/ k� 3 •Z
Agent Date Landowne Date
Compensation for Existing Right of Way:
Osf@$0 /sf
1
0
Compensation for New Right of Way (permanent easement):
7,026 sf ti, 2,984/sf X 100%
20,966
Severance Damage: None
0
Compensation for Improvements within Acquisition:
None
0
Total Compensation (rounded)
21,000
City of Rosemount
Ofd CR 38 Reconstruction Project
Parcel 4
Revised Compensation Summary of Parcel 4
Based Upon 130,000 per Acre
Social Security /Tax I. D. 995 b c..5 3V
Type of Document: Permanent Road Easement
Date Signed: 3/2/06
Parcel# 4 PID# 34- 02110 020 -37
Landowner: Robert and Margaret Kaufman
Address: 2025135"' St.W
Rosemount, MN 55068
Amount of compensation: 21,000.00
Landowner
PAYMENT AUTHORIZATION
City of Rosemount
j r\ 1 /L( v7 2 A 1r1 LGVA—,
Landowner li
Agent
Date
2/O 4
Date
Date
titin9
/either 2004)
it t of cielicaw,y
n envy service
Request for Taxpayer
identification (lumber and Certifi
Give form to the
requester. Do not
send to the IRS.
Name (as repotted on your Income tax ietum)
I; 0/ I
Cosiness name, it dlfierenl from above
Check appropriate
Individual/
P
Exempt Iron, backup
withholding
box Sole proprietor Corpc,aeon Partnership II Other
Address (number, sheet, and apt or solo no)
7 c: f l -CA
Requester's name and address (optimal)
P ly, slate. and ZIP code
/l( t t n f i I /t S ��4
Form
(Rev
nep,
k ,l
I
a) u sr account nun met s) bare (option
cn
7 Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding For individuals, this Is your social security number (SSN) However, for a resident
alien, sole propt(elor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN) If you do not have a number, see How to get a TIN on page 3.
Note.11 the account is 0 1n ore than one name, see the chart on page 4 for guidelines on whose number
W enter
Certification
Under penalties of peuury, I certify Thal:
1 'I he number shown on this form is my correct laxpayei identification number (or 1 an waiting for a number to be issued to rile), and
2. 1 am nut subject to backup withholding because (a) 1 um exempt from backup withholding, or (b) 1 have not been notified by the Internal
Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the 1115 has
notified me that 1 am no longer subject to backup withholding, and
3. 1 am a U S person (Including a U.S. resident alien),
Certification instructions You must cross out item 2 above if you have been notified by the IR3 That you are currently subject to backup
withholding because you have failed to report all Interest end dividends on your tax return. For real estate trans,tcuons, Item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an mdvrdual retirement
arrangement (IRA), and geneially, payments other than interest and dividends, you are not required to sign the CerUDcation, but you must
provide your correct TIN. (See the Instructions on page 4)
Sign
Here
S,gnahne of
0 S. person la
Purpose of Form
/zrr y
A person who Is rectum ed to file an information return with the
IRS, must obtain your cot( ect taxpayer identification number
(T(N) to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment 01 secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W -9 only if you are a U.S person
(including a resident alien), to provide your correct TIN to the
person iequesting it (the requester) and, when applicable, to:
1 Certify that the TIN you are giving is correct (or you are
wailing for a number to be issued),
2. Certify that you are not subject to backup withholding,
ur
3. Claim exemption from backup withholding if you ate a
U.S. exempt payee.
Note. tf a requester gives you a form other than Form W -9 to
request your TIN, you must use the requester's form if it is
substantially similar lo this Form W -9.
For federal tax purposes you are considered a person If you
at 0,
an individual who is a citizen or resident of the United
States,
a partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
Cal No. 10231X
Sociel security number
P 1 l N I
ur
Emu oyer ,dentillcolion number
14 111111
Date P 1 L\ lfi,
o any estate (other than a foreign estate) or trust See
Regulation section 301.7701 -6(a) for additional information.
Foreign person. If you area fcr elan person, use the
appropriate Fern W -8 (see Publication 515, Withholding of
Tax on Nonresident Aliens and Foreign Entitles).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident mien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. Howe ✓er, most tax treaties contain a
provision known as a "saving clause" Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U S. esiclent alien for tax purposes
If you ale a U S. resident alien who is relying on an
exception contained in the sat ing clause of a tax treaty to
claim an exemption front U.S tax on certain types of income,
you must attach a statement that specifies the following five
items
1. The treaty country. Generally, this must be the sane
treaty under which you claimed exemption from tax as a
nonresident alien
2. The treaty article addressing the income
3. The article number (or loration) in the tax treaty that
contains the saving clause an.' its exceptions.
Fot m W -9 (Rev 10 -2004)