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Home My WebLink About6.d. Acquistion of Easements - GlenRose of Rosemount, City Project #397AGENDA ITEM: Acquisition of Easements GlenRose of Rosemount, City Project #397 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Enginee /I Amount GENDA NO. (OA. ATTACHMENTS: Payment Authorization, Map APPROVED BY RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Drain a and Utility Easement and Temporary Construction Easement along Trunk Highway 3 of the GlenRose of Rosemount Improvements to Todd Henry Franz, Individually and dba South Metro Auto Broker and Ellen Franz. Parcel #1PID Name Address Amount 34- 02010- 060 -80 Todd Henry Franz, mdwidually and dba South Metro Auto Broker; et al. 13940 South Robert Trail $14,000 4 ROSEMOUNT BACKGROUND: CITY COUNCIL City Council Meeting: September 19, 2006 EXECUTIVE SUMMARY The City and WSB have worked to appraise and acquire property along Trunk Highway 3 as part of the GlenRose of Rosemount project The easements are for the construction of sanitary- sewer and water to serve existing properties on the east side of Trunk Highway 3 and the GlenRose development. The appraisals have come in and WSB has been negotiating with individual property owners on behalf of the City. WSB has acquired a signed easement for the parcel hsted 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 drainage and utility easement and a temporary construction easement as proposed in the above motion. G \ENGPROJ\ 397\ Aut honzePaymentEasementAccpusmonCC9 -19 -06 doc STATE OF MINNESOTA COUNTY OF DAKOTA The City of Rosemount, a Minnesota municipal Court File No. I9 -C3 -06 -7258 corporation, v. 298092v1 CAH RS220 -178 Petitioner, Todd Henry Franz, individually and dba South Metro Auto Broker; et al., Respondents. STIPULATION OF SETTLEMENT AS TO PARCEL 1 1 Case Type: Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT THIS STIPULATION is made by and among the Petitioner the City of Rosement "City") and Respondents Todd Henry Franz, Individually and dba South Metro Auto Broker and Ellen Franz "Respondents WHEREAS, Respondents are collectively the fee owners of the real property located at 13940 Robert Trail South, Rosemount, MN 55068. which is identified as Parcel 1 in this action and is legally described in the attached Exhibit A (the "Property and WHEREAS, the City has commenced an action in condemnation to acquire perpetual and temporary easements over portions of the Property for a project known as the Glen Rose Addition Street and Utility Construction and Appurtenant Work Project (the "Project and WHEREAS, the parties have reached a full and final settlement and compromise concerning the matters in dispute. NOW, THEREFORE, the parties stipulate as follows: 1. Stipulated Commissioners' Award. The Respondents agree that the court appointed commissioners may enter an award in the amount of $20,000.00 m favor of Respondents and an award of $0.00 in favor of Tenant No. 1, Tenant No. 2, City of Rosemount and County of Dakota. 2. Payment of Award. Respondents acknowledge that they have previously received the amount of $6,000.00, in partial payment of the final settlement. Within 10 days after the entry of an award of commissioners that is consistent with this Stipulation, the City will pay the remaining balance of $14,000.00 jointly to the Respondents. 3. Site Restoration. As additional consideration for this settlement, the City agrees to regrade that portion of the Property that is shown in the attached figure and labeled "Restoration Area." The City will stabilize the soils within the graded area with the use of seed and erosion control blanket. The portions of the Restoration Area that are lawn areas will be sodded. The City is riot required to plant any additional trees in the Restoration Area. 4. Grading/ Drainage Improvements. Within the area shown on the attached figure and labeled "Grading/Drainage Improvements Area," the City will grade a swale at approximately one percent to redirect storm water runoff to the south of the Property. The work will involve grading, topsoil stepping, some tree removal, and seeding of all disturbed areas. No trees will be replaced as part of the work. Because the Grading/Drainage Improvements Area is located outside the easement areas acquired as part of this condemnation action, the Respondents have provided a right of entry to the City to perform the work. 5. Warranty on Restoration and Grading/Drainage Improvements. The City represents that the work to be performed under paragraphs 3 and 4 above will be performed according to the City's contract with its contractor, and that the contract provides for a two -year warranty on work perfonned under the contract. The two -year warranty period commences upon final acceptance of 298092v1 CAB RS220 -178 2 the work by the City's city council, which is expected to occur some time in 2007. Respondents agree to promptly notify the City of any defects in workmanship or materials so that corrective action can be taken. The City will not be responsible for correcting any alleged defects other than those that are covered by the contractor's two -year warranty. Respondents acknowledge and agree that Respondents will be responsible for watering the seeded and sodded areas once the seed or sod is installed. If the seed or sod fails to establish turf, and if that failure is the result of inadequate watering, the City will have no responsibility to replace or repair the seeded or sodded areas. 6. Full and Final Compromise. The Respondents acknowledge that this stipulation is entered into in full and final compromise of the damages caused to Parcel 1 as a result of the taking herein, including but not limited to just compensation, attorneys' fees, and interest. The Respondent further acknowledges that has not incurred any appraisal fees. 7. Waiver of Appeal and Claims. Both parties waive the right to appeal from the final award of commissioners entered pursuant to this stipulation Respondents waive and release all other claims that they might have made in this action, including without limitation, claims for additional just compensation, interest, attorney's fees or reimbursement of appraisal fees. 8. Final Certificate and Discharge of Lis Pendens. After expiration of the time to appeal from the award of commissioners, the City agrees to promptly file and record its final certificate and a discharge of the notice of lis pendens against the Property. Dated. September 2006. KENNEDY GRAVEN, CHARTERED 298092v1 CAH RS220 -178 By: Corrine H. Thomson #149743) 470 U S Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 ATTORNEYS FOR PETITIONER 3 Name Nature of Interest Todd Henry Franz, individually and dba South Metro Auto Broker Fee owner Ellen Franz Inchoate Interest Tenant, Unit 1 Tenant Tenant, Unit 2 Tenant City of Rosemount Special assessments County of Dakota Real estate taxes All other parties unknown, together with unknown heirs or devisees and spouses, if any Any right, title or interest m the Subject Property Description of Taking: EXHIBIT A Parcel I: (P.LD. No. 34- 02010 060 -80) (Abstract Property) Property Address: 13940 Robert Trail South, Rosemount, MN 55068. Legal Descnption of Subject Property: That part of the South Half of the Southeast Quarter and of the South Half of the Southwest Quarter of Section 20, Townslup 115, Range 19, Dakota County, Minnesota, descnbed as follows: Commencing at the intersection of the North line of the South Half of the Southeast Quarter of said Section 20 and the easterly right -of -way line of State Trunk Highway No 218, thence Southwesterly along the right -of -way line a distance of 1069 04 feet to the actual point of beginning, thence at nght angles to the left a distance of 208 7 feet, thence at right angles to the right 184.06 feet, on a line parallel to said right -of- way line, to a point 66 feet North of the South line of said Section 20, thence West on a line parallel to the South line of said Section 20, 223.2 feet to the easterly right of -way line of said State Trunk Highway No. 218, thence Northeasterly along said right -of -way line to the actual point of beginning, according to the Govemment Survey thereof, Dakota County, Minnesota. A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through the southeasterly 20.00 feet of the Subject Property. A temporary easement for construction purposes over, under, across and through the northwesterly 10.00 feet of the southeasterly 30.00 feet of the Subject Property. Said temporary easement expires on December 31, 2007. Said taking is subject to existing easements. Names and Description of Interests to be Acquired 298092v1 CAH RS220 -178 A-1 Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above descnbed real estate. 298092v1 CAH RS220 -178 A -1 PROPOSED PERMANENT U11UTY AND DRNNAGE/EASEMENt 4222 aq ft PROPOSED !TEMPORARY N A CONSiRUCTDN EASEMENT 2,158 eq ft' 701 Xenia Avenue South, Suite 300 INSB Minneapolis, MN 55416 www wsbeng com MUNE k Assoc otes, Inc 763 511.4600 F9[ 763 en Imo 1NFR'STRJCTLRE ENGINEERING M PLANNING CONS RUCTION Glenrose Addition Easement Exhibit City of Rosemount WSB Project No 1556 -43 Date 10/6/05 CITY Project No 397 Revised 10/28/05 Parcel 1 J