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Home My WebLink About6.h. Acquistion of Easements - Old County Road 38, Phase II, City Project #387AGENDA ITEM: Acquisition of Easements Country Road 38, Phase II, City Project #387 AGENDA SECTION: Consent —ADD ON PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGEN 6H ATTACHMENTS: Payment Authorization, Map APPROVED BY RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Roa aseme along County Road 38 to Norman and Sharon Brucker as Recommended within the Executive Summary. Parcel /PID Name Address Amount #17 34021 1001201 Norman and Sharon Brucker 1665 135 Street W $61,500 it 4 ROSEVIOUN"I CITY COUNCIL City Council Meeting' May 16, 2006 BACKGROUND: SUMMARY: EXECUTIVE SUMMARY The City has retained Evergreen Land Services to appraise and acquire property along the County Road 38, Phase II project The appraisals have come in and Evergreen Land Service has been negotiating with individual property owners on behalf of the City Evergreen Land Services has acquired signed easements for the parcels hsted 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 for permanent road easements as proposed in the above motion. G \ENGPROJ\ 387\ Aut honzePaymentEasementAcguismonCC5- 16- 06ADDON doc May 10, 2006 City of Rosemount Andrew J. Brotzler, P.E City Engineer 2875 145 Street West Rosemount, MN 55068 RE: City of Rosemount: County Road 38 Reconstruction Project Parcel 7 Dear Andrew, Enclosed please find a photocopy of the easement document, original W -9, offer change form, offer letter 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 Memorial Highway Suite 201 Eagan, MN 55122 651- 882 -0200 888- 411 -1134 Fax 651 -882 -6564 PAYMENT AUTHORIZATION City of Rosemount Parcel# 7 PID# 34- 02110- 012 -01 Landowner: Norman and Sharon Brucker Address: 1665 135 St.W Rosemount, MN 55068 Social Security/Tax I. D. See W -9 Type of Document: Permanent Road Easement Date Signed: 5/3/06 Amount of compensation: 61,500.00 O a() s (>6 Landowner Date Landowner Date Agent .5 3 C., Date CITY OF ROSEMOUNT City Project 387 County Rd. 38 Reconstruction Parcel 7 Norman and Sharon Brucker 1665 135 Street 'West, Rosemount, MN 55068 OFFER CHANGE To facilitate reaching an agreement with the landowner on the acquisition for County Road 38, the City of Rosemount has agreed to revise it's offer to Norman and Sharon Brucker. The owners of the property, were presented an offer letter on January 27, 2006 in the amount of 53,400.00. This offer included payment for New Right of Way Easement and compensation for fencing and trees. The Offer was calculated in the following formula: Compensation for Existing Right of Way: 0 9,355 sf 0 /sf Compensation for New Right of Way (permanent easement): 48,791 16,351 sf 2.984 /sf X 100% Compensation for Fence: 2,412 620 lineal feet of fence 3 89 per lineal foot Compensation for Trees in Right of Way: 2,153 3 conifers 299 /tree X 1.8 for planting /delivery fee Severance Damage: None 0 Compensation for Improvements within Acquisition: None 0 Total Compensation (rounded) 53,400 The new calculation based on the increase of the per acre value form $130,000 to $139,000 for the New Right of Way Easement. It also reflects a change in compensation for a temporary fence during construction and increase for the permanent fence after construction: Compensation for Existing Right of Way: 0 9,355 sf 0 /sf Compensation for New Right of Way (permanent easement): 52,172 16,351 sf 3 1911sf X 100% Compensation for Temporary Fence: 2,412 620 lineal feet of fence 3 89 per lineal foot Compensation for New Fence: 4,400 620 lineal feet of fence 7.09 per lineal foot Compensation for Trees in Right of Way: 2,153 3 conifers 299 /tree X 1 8 for planting /delivery fee Severance Damage: None 0 Compensation for Improvements within Acquisition: None 0 Total Compensation (rounded) Norman Brucker Acquisition Specialist 61,500 AGENDA ITEM: Acquisition of Easements Country Road 38, Phase II, City Project #387 AGENDA SECTION: Consent PREPARED BY: Andrew J Brotzler, P.E., City Engineer Amount AGEN y ATTACHMENTS: Payment Authorizations, Map APPROVED BY: RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Road Easements along County Road 38 to Donald and Diane Flach as Recommended within the Executive Summary. Parcel /PID Name Address Amount #13 340211002050 Donald and Diane Flach 2100 135 Street W $44,000 4 ROSEMOUNT City Council Meeting: May 16, 2006 BACKGROUND: CITY COUNCIL EXECUTIVE SUMMARY The City has retained Evergreen Land Services to appraise and acquire property along the County Road 38, Phase II project. The appraisals have come m and Evergreen Land Service has been negotlatmg with individual property owners on behalf of the City. Evergreen Land Services has acquired signed easements for the parcels hsted on the attached map. Staff is asking that Council authorize payment to the following property owners with their respective amounts: SUMMARY: Staff is recommendmg that Council authorize the payment for permanent road easements as proposed in the above motion. G \ENGPROJ\ 387\ AuthonzePaymen tEasementAcgutsmonCC5 -16 -06 doc April 28, 2006 City of Rosemount Andrew J. Brotzler, P.E City Engineer 2875 145 Street West Rosemount, MN 55068 RE: City of Rosemount: County Road 38 Reconstruction Project Parcel 13 Dear Andrew, Enclosed please find a offer change form and Please send payments authorization form. Sincerely, Paul Storm Acquisition Specialist Evergreen Land Services 651- 882 -0200 photocopy of the easement document, original W -9, a payment authorization form. to the landowners to the address on the payment If you have any question please feel free to call me (651- 882 0200). Pat- ea3 lcgla i evergreen LAND SERVICES COMPANY Appraisal Au1usmon and Relocation Specialists 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 651 882 -0200 888 -411 -1134 Fax 651 -882 -6564 PAYMENT AUTHORIZATION City of Rosemount Parcel# 13 PID# 34- 021110- 020 -50 Landowner: Donald and Diane Flach Address: 2100 135 Street West Rosemount, MIN 55068 Social Security/Tax I. D. 5ce tww- 9 Type of Document: Permanent Road Easement Date Signed: 4/27/06 Amount of compensation: 44,000.00 Lan wner ate CT) r —cam Landowner Agent fAyok Date V- 07- PC, Date CITY OF ROSEMOUNT OFFER CHANGE City Project 387 County Rd. 38 Reconstruction Parcel 13 Donald and Diane Flach 2100 135 Street West, Rosemount, MN 55068 To facilitate reaching an agreement with the landowner on the acquisition for County Road 38, the City of Rosemount has agreed to revise it's offer to Donald and Diane Flach. The owners of the property, received an Offer Letter by Certified Mail on January 27, 2006 in the amount of 38,000.00. This offer included payment for New Right of Way Easement and compensation for trees. The Offer was calculated in the following formula: Compensation for Existing Right of Way: 0 15,443 sf 0 /sf Compensation for New Right of Way (permanent easement): 35,668 11,953 sf 2.984/sf X 100% Compensation for Spruce Trees: 2,300 23 trees 100 per tree cost to move Severance Damage: None 0 Compensation for Improvements within Acquisition: None 0 Total Compensation (rounded) 38,000 The new calculation based on the increase of the per acre value form $130,000 to $139,000 for the New Right of Way Easement. It also reflects a change in compensation for moving the trees: Compensation for Existing Right of Way: 0 15,443 sf 0 /sf Compensation for New Right of Way (permanent easement): 38,142 11,953sf @$3191 /sfX100% Compensation for Spruce Trees: 5,750 23 trees 250 per tree cost to move Severance Damage: None 0 Compensation for Improvements within Acquisition: None 0 Total Compensation (rounded) 44,000 Donald Flach Acquisition Specialist gcc C;c2,.—eff--- Parcel 34-02110-020-50 Abstract EASEMENT Recitals Terms of Easement 1 THIS INSTRUMENT is made by Donald J. Flach and Diane Flach, husband and wife, Grantors, in favor of the City of Rosemount a Minnesota municipal corporation, Grantee. A. Grantors are the fee owners of the following described property in Dakota County, Minnesota (the "Property The East One Quarter of the Southwest Quarter of Section 21, Township 115, Range 19, except the North 1452.090 feet of the East 300.00 feet thereof lying northerly of the following descnbed line: Commencing at a point on the East line of said east one quarter of the Southwest Quarter distant 1180.78 feet north from the southeast corner thereof, thence in a westerly direction a distance of 656.61 feet to a point on the west line of said east one quarter of the Southwest Quarter distant 1175.21 feet north from the southwest corner thereof and said line there terminating, Dakota County, Minnesota. B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. 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 which lies northerly of a line drawn parallel with and distant 50.00 feet southerly of the following described line: Commencing at the northeast comer of the Northeast Quarter of the Southwest Quarter of Section 21, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees CBR 274134v I RS220 -209 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 all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public roadway, stone 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 areas 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. The easement granted herein is subject to existing easements. 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 teens 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 <i77 day of 19e i 2006. CBR 274134v I RS220 -209 A-ed e— C tv Diane Flach 2 STATE OF MINNESOTA COUNTY OF Ova K0/1 The foregoing instrument was acknowledged before me this a 7 day of 2006, by Donald J. Flach and Diane Flach, husband and wife, Grantors. 1 NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 CBR 274134v1 RS220 -209 SS. PAUL BRIAN STORM Notary Public-Minnesota My Canmteegn Expires Jan 31. 2011 3 Notary Public