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Home My WebLink About6.n. Acquisition 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 Engineer AGENDA NO. 6n ATTACHMENTS: Payment Authorization, Map APPROVED BY: RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Road asements along County Road 38 to Kogl Family Limited Partnership, BVM Real Estate Investments, LLC and JMORE Real Estate Investments, LLC as Recommended within the Executive Summary. Parcel /PID Name Address Amount #9 340220001350 #10 340220001360 JMORE Real Estate Investments, LLC $73,900 BVM Real Estate Investments, LLC $73,900 Kogl Family Limited Partnership $147,800 4 ROSEMOUNT City Council Meeting: June 6, 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 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 listed on the attached map. Staff is asking that Council authorize payment to the following property owners with their respective amounts: SUMMARY: Staff is recommending that Council authorize the payment for permanent road easements as proposed in the above motion. G \ENGPROJ\ 387\ AuthonzePaymanEasemen tAcguismonCCG -06-06 doc May 31, 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 Parcels 9 10 Dear Andrew: Enclosed please find a photocopy of the easement document and multiple payment authorization forms. The owners of the property would like three separate checks totaling the amount as compensation. Please check the Payment Authorization Form carefully for the amounts to the owners. The various Social Security numbers and Tax ID numbers are shown on each Payment Authorization form. Please send the checks for JMOR Real Estate and BVM Real Estate to Mr. Michael Broich's office shown on the Payment Authorization form. Mr. Broach will disburse to the owners. Please send the check to the Kogl Family Partnership to Wildwood Welth Management Company shown on the Payment Authorization Form. If you have any question please feel free to call me (651 -882- 0200). Sincerely, A Matthew S. Storm SR /WA President Evergreen Land Services 651 882 -0200 evergreen LAND SERVICES COMPANY Appiaisal, Acquisition and Relocation Specialists 9131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 651 -882 -0200 333 -911-1139 Fax 651 332-6569 i PAYMENT AUTHORIZATION City of Rosemount Parcel# 9& 10 PID# 34- 02200 013 -50 34- 02200- 013 -60 Landowner: Kogl Family Limited Partnership Address: C/O Wildwood Welth Management Co. Attn: Barb 105 5 Avenue South Suite 300 Minneapolis, MN 55401 Tax I. D. 41- 1920915 Type of Document: Street, Utility Drainage Easement Date Signed: May 10th, 2006 Amount of compensation: 147,800.00 Agent 31 -0(a Date PAYMENT AUTHORIZATION City of Rosemount Parcel# 9& 10 PID# 34- 02200 013 -50 34- 02200- 013 -60 Landowner: BVM Real Estate Investments, LLC Address: C/O Michael Broich Ravich, Meyer Kirkman 4545 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Social Security Number: Bruce V. Mines 473 -72 -5334 Type of Document: Street, Utility Drainage Easement Date Signed: May 10th, 2006 Amount of compensation: 73,900.00 Agent S- 3i- c(o Date Parcel# 9& 10 PID# 34- 02200- 013 -50 34- 02200- 013 -60 Landowner: JMOR Real Estate Investments, LLC Address: C/O Michael Broich Ravich, Meyer Kirkman 4545 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Social Security Number: Jill M. O'Rourke 468 -70 -6314 Type of Document: Street, Utility Drainage Easement Date Signed: May 10th, 2006 Amount of compensation: 73,900.00 Agent PAYMENT AUTHORIZATION City of Rosemount 5 -3 06 Date Parcel 9 Torrens/PID No. 34-02200-013-50 DECLARATION OF EASEMENTS THIS INSTRUMENT is made by Kogl Family Limited Partnership, a limited partnership organized under the laws of the State of Minnesota; JMOR Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota; and BVM Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota, collectively the Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Kogl Family Limited Partnership is the fee owner of an undivided 50% of the following described property in Dakota County, Minnesota (the "Property"), JMOR Real Estate Investments, LLC is fee owner of an undivided 25% interest in the Property and BVM Real Estate Investments, LLC is fee owner of an undivided 25% interest in the Property- That part of the East Half of the Southwest Quarter (E1/2 SW 1/4) of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying northerly of the northerly right -of -way line of the Chicago, Rock Island and Pacific Railroad, and lying southerly of the centerline of 135` Street West as now established (also known as County Road No, 38). B. Grantor desires to grant to the Grantee easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor quitclaims and conveys to the Grantee the following easements: 1 A. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and through that part of the Property which lies northerly of a line drawn parallel with and distant 50 00 feet southerly of the following described line: Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 05 minutes 05 seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest Quarter, 40.32 feet, to the point of beginning of said line to be hereinafter described; thence South 89 degrees 25 minutes 51 seconds West, 1169 07 feet; thence westerly, 1038 48 feet, along a tangential curve, concave to the north, having a radius of 11459.00 feet and a central angle of 05 degrees 11 minutes 33 seconds, and said line there terminating. B. A temporary easement for utility and drainage purposes over, under, across and through that part of the Property described as follows: Commencing at the northwest corner of the Northeast Quarter of said Southwest Quarter; thence South 89 degrees 32 minutes 51 seconds East, assumed bearing along the north line of said Northeast Quarter of the Southwest Quarter, 144.83 feet, to the point of beginning, thence South 02 degrees 10 minutes 52 seconds West, 148.02 feet; thence South 22 degrees 26 minutes 13 seconds West, 94.82 feet; thence South 00 degrees 00 minutes 00 seconds East, 67.44 feet, thence North 89 degrees 59 minutes 05 seconds West, 83.53 feet; thence South 00 degrees 14 minutes 43 seconds West, 29 52 feet; thence North 89 degrees 55 minutes 18 seconds East, 86 24 feet, thence South 00 degrees 14 minutes 56 seconds West, 32.79 feet; thence North 90 degrees 00 minutes 00 seconds East, 99.63 feet; thence North 00 degrees 00 minutes 00 seconds East, 30.56 feet; thence North 89 degrees 57 minutes 26 seconds East, 162.77 feet; thence North 00 degrees 06 minutes 32 seconds West, 29.33 feet; thence North 89 degrees 25 minutes 51 seconds West, 124.29 feet; thence North 00 degrees 00 minutes 00 seconds East, 69.30 feet; thence North 17 degrees 22 minutes 18 seconds West, 245.63 feet, to said north line of the Northeast Quarter of the Southwest Quarter, thence North 89 degrees 32 minutes 51 seconds West, along said north line of the Northeast of the Southwest Quarter, 25.34 feet, to the point of beginning. Except that part which lies within the above described permanent easement for street, utility and drainage purposes. Said temporary easement will automatically expire upon the recording of a plat which includes the Property. 2 2. Scope of Easements 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, 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 nght -of -way use. The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perfoun any other work necessary and incident to the project. The easements granted herein also include 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 easements granted herein are subject to existing easements. 3. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE 3 Dated this `O day of M la y 2006. STATE OF MINNESOTA SS. COUNTY OF f {-eo Pep,' N The foregoing instrument was acknowledged before me this 0 day of 0/ 2006 by, Sebuw, c. it'd 6 and 5 'n It rr the (7 es, c r $J- Ptt -r7N e,t_- and G- ep ea. rfL PAr e,1t of Kogl Family Limited Partnership, a limited partnership organized under the laws of the State of Minnesota, on behalf of the limited partnership, Grantor. NOTARY STAMP OR SEAL BARBARA J GREGERSON NOTARY PUBLIC MINNESOTA Av Commission Expres Jan 31.2010 274125v2 CBR RS220 -209 SIGNATURE PAGE TO DECLARATION OF EASEMENTS Kogl Family Limited P -rship NS LW 60 By Its By Its 4 otary Public Dated this Z day of STATE OF MINNESOTA 1t SS. COUNTY OF MPM WIf3M NOTARY STAMP OR SEAL MICHAEL J BROICH Notary Public Minnesota Commission Expos January 71.200? 274129v2 CSR RS220 -209 SIGNATURE PAGE TO DECLARATION OF EASEMENTS 2006. By Its JMOR eat Es to Investments, LLC By Its The foregoing instrument was acknowledged before me this g day of Mei 2006 by, .Z': II Aim", Q'tt our t'{ and the C.- nyvo4 S.k$le• and of JMOR Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota, on behalf of the limited liability company, Grantor. 4 Notary Public SIGNATURE PAGE TO DECLARATION OF EASEMENTS Dated this day of 1h 2006. STATE OF MINNESOTA SS. COUNTY OFSIt-e NOTARY STAMP THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 470 U.S Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 BVM Real Estate Investments, LLC By Its 7'sa ,oiemd,r By Its The foregoing instrument was acknowledged nowledged before me this day of 7 /yam y 2006 by, a MLE V. n/nE+q and the of BVM Real Estate bier moirraand Investments, LLC, a limited liability company organized under the laws of the State of Minnesota on behalf of the limited liability company, Grantor JOHN B. KOLAR NOTARY PUSUC MINNESOTA MY COMMISSION EXPIRES 1 -31.2010 c Id Ati&ifrrr ota Public OAhome \Kelley \WPDATA \41125 ROSEMOUNT- Minea\2\City Easements\Parcel_9_Easement 5 -1 -06 CLN DOC Parcel 10 PID No. 34-02200-013-60 DECLARATION OF EASEMENTS THIS INSTRUMENT is made by Kogl Family Limited Partnership, a limited partnership organized under the laws of the State of Minnesota; JMOR Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota; and BVM Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota, collectively the Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Kogl Family Limited Partnership is the fee owner of an undivided 50% of the following described property in Dakota County, Minnesota (the "Property JMOR Real Estate Investments, LLC is fee owner of an undivided 25% interest in the Property and BVM Real Estate Investments, LLC is fee owner of an undivided 25% interest in the Property: All that part of the West One -half of the Southwest Quarter (W1 /2 of SW1 /4) of Section Twenty -two (22), Township One Hundred Fifteen (115), Range Nineteen (19), lying south of the centerline of 135th Street West as now established, except a strip of land 50 feet in width on each side of the centerline as located over and across said lands conveyed to Burlington, Cedar Rapids Northern Railway Company according to the Government Survey thereof, said 135th Street above referred to also known as County Road 38. B. Grantor desires to grant to the Grantee easements, according to the terms and conditions contained herein. I 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor quitclaims and conveys 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 northerly of a line drawn parallel with and distant 50.00 feet southerly of the following described line: Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 05 minutes 05 seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest Quarter, 40.32 feet; thence South 89 degrees 25 minutes 51 seconds West, 1169 07 feet, to the point of beginning of said line to be hereinafter described; thence westerly, 1038.48 feet, along a tangential curve, concave to the north, having a radius of 11459.00 feet and a central angle of 05 degrees 11 minutes 33 seconds; thence North 85 degrees 22 minutes 36 seconds West, tangent to the last described curve, 319.43 feet; thence westerly, 130.67 feet, along a tangential curve, concave to the south, having a radius of 2865.00 feet and a central angle of 02 degrees 36 minutes 48 seconds, to the west line of the northwest Quarter of said Southwest Quarter, 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, 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 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. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Terms of Easement 2 Dated this \o day of STATE OF MINNESOTA SS. COUNTY OF HCAJl ie -rer0 NOTARY STAMP OR SEAL BARBARA J GREGERSON NOTARY PUBLIC MINNESOTA My Caninuson Expires Jan 31, 2010 274129v2 CBR RS220 -209 SIGNATURE PAGE TO DECLARATION OF EASEMENTS mPc Y 2006. By Its Kogl Family Limited Partnership t O !1r11/! O cu 'nt By 1 Its E e n I? The foregoing instrument w acknowledged before me this D day of 7 2 1/ 1 2006 by, Seoe N V and �l Komi- the &ete,Cht- and r Pr11r77u eke. of Kogl Family Limited Partnership, a limited partnership organized under the laws of the Statss f Minnesota, on behalf of the limited partnership, Grantor. 3 Public Dated this 0 day of STATE OF MINNESOTA SS. COUNTY OF Hower The foregoing instrument was acknowledged before me this S ih. day of May 2006 by, 1 me t% W1 O 4ou$- C. and the Cl. TWl...yer4�1 ,i;4 r and of JMOR Real Estate Investments, LLC, a limited liability company organized under the laws of the State of Minnesota, on behalf of the limited liability company, Grantor. NOTARY STAMP OR SEAL MICHAEL J. BR Notary Pub Minnesota Commission Expires January 31.2007 274129v2 CBR RS220 -209 SIGNATURE PAGE TO DECLARATION OF EASEMENTS 2006. JMOR Real Estate Investments, LLC ,V By �aJl��`�f`oG Its 0 JIJ'7VF'ylaO 50.6 )yreo it4 By Its 4 Dated this day of I 2006. STATE OF MINNESOTA SS. COUNTY OF&T&Pi is NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 470 U.S Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 274129v2 CIIR RS220 -209 SIGNATURE PAGE TO DECLARATION OF EASEMENTS BVM Real Estate Investm= s ts, LLC By Its The foregoing instrument was acknowledged before me this b day of {12h 2006 by, &C cc I" /i7/42 q and the a1FF Sale */e onsmMeg and of BVM Real Estate Investments, `LLC, a limited liability company organized under the laws of the State of Minnesota on behalf of the limited liability company, Grantor. JO$N 0 KOLAR NOTARY PUSIJC- MINNESOTA MY COMMISSION EXPIRES 1.31 -2010 5