HomeMy WebLinkAbout6.d. Acquisition 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, PE, City Engineer
AGENDA NO.
ATTACHMENTS: Payment Authorization, Map
APPROVED BY:
RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Drainage and
Utility Easement and Temporary Construction Easement along Trunk Highway 3 of the
GlenRose of Rosemount Improvements to Hidden Valley SPE LLC and Wells Fargo Bank,
N A as Trustee for the Registered Holders of J P Morgan Chase Commercial Mortgage
Securities Corp
Parcel /PID
Name
Address
Amount
5 34 02010 021 81
Hidden Valley SPE LLC
and Wells Fargo Bank,
N.A., as Trustee for the
Registered Holders of J.P.
Morgan Chase Commercial
Mortgage Securities Corp
2862 Upper 135`
Street West
$37,800
4 ROSEMOUNT
BACKGROUND:
CITY COUNCIL
City Council Meeting: October 17, 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 negonaung with individual property owners on behalf of the
City.
Kennedy Graven has acquired a signed easement for the parcel listed on the attached map Staff is
asking that Council authonze payment to the following property owners with their re pective amounts:
SUMMARY:
Staff is recommending that Council authorize the payment for permanent drainage and utility easement
and a temporary construcnon easement as proposed in the above motion
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C \Documents and Settings \adc Desktop \October 17, 2006\ CP397- Aut honzePaymentEasementAcgmsmonCC10 -17 -06 doc
10 -04-08
v.
11:26 From- Kennedy Graven
STATE OF MINNESOTA
COUNTY OF DAKOTA
The City of Rosemount, a Minnesota municipal Court File No. 19 -0-06 -7258
corporation,
Todd Henry Fran:, individually and dba South
Metro Auto Broker; et al.,
THIS STIPULATION is made by and among the Petitioner the City of Rosement "City") and
Respondent Hidden Valley SPE LLC, a limited liability company organised under the laws of the
State of Delaware "Respondent").
WHEREAS, Respondent is the fee owner of the real property located at 2862 Upper 135
Street West, Rosemount, MN 55068, which is identified as Parcel 5 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:
297103y3 CAH 85220 -178
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Petitioner,
Respondents.
1
+6123379310 T -541 P 002 /007 F-152
Case Type: Condemnation
DISTRICT COURT
FIRST JUDICIAL DISTRICT
STIPULATION OF
SETTLEMENT AS
TO PARCEL S
10-04 -06 11:29 Fram-Kennedy Graven +6123379310 T-541 P 003/007 F -152
1, Stipulated Commissioners' Award. The Respondent agrees that the court appointed
commissioners may enter an award in the amount of $80,000.00 in favor of Respondent and Wells
Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial
Mortgage Securities Corp., Commercial Pass Through Certificates, Series 2004 -C1; and an award
of $0.00 in favor of City of Rosemount and County of Dakota.
2. Payment of Award. Respondent acknowledges that it has previously received the
amount of $42,200.00, in partial payment of the final settlement. Within 10 days after the
execution of this Stipulation, the City will pay the remaining balance of $37,800.00 jointly to the
Respondent and Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan
Chase Commercial Mortgage Securities Corp. The City will omit an identified payee from the
check upon presentation of a writing made by the payee, disclaiming any interest in the settlement
proceeds.
3. Full and Final Cozppromise. The Respondent acknowledges that the payment of the
award as provided in paragraph 2 is in full and fmal compromise of the damages caused to Parcel 5
as a result of the taking herein, including but not limited to just compensation, attorneys' fees, and
interest. The Respondent reserves any future tort claim for damages to persons or property that
may arise out of the construction activities to be conducted within the easement area. The
Respondent further acknowledges that it has not incurred any appraisal fees.
4, Waiver of Anneal and Claims. Both parties waive the right to appeal from the final
award of commissioners entered pursuant to this stipulation. Respondent Hidden Valley waives
and releases all other claims that it might have made in this action, including without limitation,
claims for additional just compensation, interest, attorney's fees or reimbursement of appraisal fees.
297103v3 CAH RS220=178
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2
10 -04-06 11.29 From Kennedy Graven +6123379310 T -541 P 004/007 F -152
5. 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
Dated: September 1, 2006.
297103v3 CAH RS220 -178
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By:
By:
Its:
Corrine H. Thomson #149743)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
ATTORNEYS FOR PETITIONER
FIIDDEN VALLEY SPE LLC, A LIMITED
LIABILITY COMPANY ORGANIZED UNDER
THE LAWS OF THE STATE OF DELAWARE
RESPONDENT
3
10 -04 -06 11:29 From Kennedy Graven +6123379310 T-541 P 005/007 F-152
EXHIBIT A.
Parcel 5: (P.LD. No. 34- 02010- 021 -81 (Abstract Property)
Property Address: 2862 Upper 135 Street West, Rosemount, MN 55068.
Legal Description of Subiect Property:
All that part of the South Half of the South Half of Section 20, Township 115, Range 19,
Dakota County, Minnesota, described as follows to wit:
Beginning at a point on the South line of said Section 20, 1051 feet West of the
Southeast corner thereof said point being 66 feet West ofthc Westerly right -of -way
line of the Chicago Milwaukee -St. Paul and Pacific Railroad Company, (said right
of -way being 100 feet wide measured at right angles a distance of 50 feet on each
side of the center line of said railroad company's main track as now placed) as
measured along said South line; thence Northeasterly and parallel with said Westerly
right -of -way line a distance of 608 feet; thence westerly and parallel with the South
one eighth line of said Section 20 to a point 400 feet distant from said Westerly
Railway right -of -way line; thence Northerly and at right angles to a point 49.5 feet
Southerly of said South one eighth line; thence Westerly and parallel with said
South one eighth line to its point of intersection with the Easterly right-of-way line
of State Trunk Highway No. 3; thence Southwesterly along said highway right -of-
way line to a point distant 470.99 feet measured along said right -of -way line from its
point of intersection with said South one eighth line; thence at right angles to the left
a distance of 208.7 feet; thence Southwesterly and parallel with said highway right
of -way line to a point 66 feet North of the South line of said Section 20; thence
Westerly and parallel with said South line of said Section 20 to said highway right
of -way line; thence Southwesterly along said highway right -of -way line to the South
line of said Section 20; thence Easterly along said South line of said Section 20 to
the place of beginning according to the Government Survey thereof.
Description of Taking:
A perpetual, non exclusive easement for utility and drainage purposes over, under, across and
through that pan of the Subject Property described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of
Section 20, Township 115, Range 19, Dakota County, Minnesota; thence North 88 degrees
36 minutes 48 seconds East, assumed bearing along the south line of said Southwest Quarter
of the Southeast Quarter, 144.66 feet to the point of beginning; thence continuing North 88
degrees 36 minutes 48 seconds East, along said south line, 40.00 feet; thence North 02
degrees 24 minutes 10 seconds West, 62.78 feet; thence North 18 degrees 08 minutes 45
seconds East, 347.52 feet; thence North 28 degrees 27 minutes 03 seconds East, 159.48 feet;
thence North 18 degrees 04 minutes 51 seconds East, 331.13 feet; thence North 00 degrees
27 minutes 44 seconds West, 497 22 feet, to the north line of said Southwest Quarter of the
297103v3 CAN R3220 -179
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A-1
Name
Nature of Interest
Hidden Valley SPE LLC, a limited liability
company organized under the laws of the State of
Delaware
Fee owner
10-04 -06 11:20 From- Kennedy Graven +6123370310 T -541 P 006 /007 F-152
Southeast Quarter; thence South 88 degrees 57 minutes 46 seconds West, along said north
line of the Southwest Quarter of the Southeast Quarter, 40.00 feet; thence South 00 degrees
27 minutes 44 seconds East, 490.29 feet; thence South 18 degrees 04 minutes 51 seconds
West, 300.84 feet to its intersection with the following described line' Commencing at the
intersection of said north line of the South One -half of the Southeast Quarter of Section 20,
Township 115, Range 19, Dakota County, Minnesota, and the easterly right -of -way line of
State Highway No. 3 (formerly known as State Highway No. 218); thence southwesterly
along said right -of -way line a distance of 756.46 feet to the point of beginning of said line to
be hereinafter described; thence easterly, deflecting to the left 93 degrees 20 minutes 22
seconds, 250.00 feet and said line there terminating; thence North 75 degrees 00 minutes 57
seconds West, along'the last described line, 8 52 feet to its intersection with a line drawn
parallel with and distant 208.70 feet easterly of said easterly right-of-way line; thence South
18 degrees 08 minutes 45 seconds West, along said parallel line, 531.35 feet, to its
intersection with a line drawn parallel with and distant 66.00 feet north of said south line of
the Southwest Quarter of' the Southeast Quarter, thence South 88 degrees 36 minutes 48
seconds West, along said line drawn parallel with and distant 66.00 feet north of said south
line, 20.02 feet; thence South 02 degrees 24 minutes 10 seconds East, 66.00 feet, to the point
ofbeginning.
A temporary easement for construction purposes over, under, across and through the a strip
of land 10.00 feet m width over that part of the Subject Property, the westerly and
northwesterly line of which is contiguous with the easterly and southeasterly line of the
above described permanent utility and drainage easement.
Said strip of land is to extend by its full width from said south line of the Southwest Quarter
of the Southeast Quarter, to a line drawn parallel with and distant 528.00 feet north of said
south line of the Southwest Quarter of the Southeast Quarter.
A temporary easement for construction purposes over, under, across and through the a strip
of land 10.00 feet m width over that part of the Subject Property the easterly line of which
is contiguous with the westerly line of the above described permanent utility and drainage
easement.
Said strip of land is to extend by its full width from said south line of the Southwest Quarter
of the Southeast Quarter, to said lure drawn parallel with and distant 66.00 feet north of the
south line of the Southwest Quarter of the Southeast Quarter.
Said temporary easements expires on December 31, 2007.
Said taking is subject to existing easements.
Names and Description of Interests to be Acquired
297103v3 CAN 83220 -179
Packet page 73 of 207
41
Name
Nature of Interest
Wells Fargo Bank, N.A., as Trustee for the
Registered FIolders of J.P. Morgan Chase
Commercial Mortgage Securities Corp.,
Commercial Pass Through Certificates, Series
2004 -C1
Mortgagee
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 in the Subject Property
10 -04 -06
11:29 Fram- Kennedy Graven
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention herein to encumber alt interests owned by the named respondents in the above
described real estate.
297103v3 CAH R5220 -178
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34 02010 012 -81
HIDDEN VALLEY
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
6135 sq ft
PROPOSED PERMANENT UTILITY
AND DRAINAGE EASEMENT
58.046 sq ft
A NI Asa n..nan.m, a, .vu
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WSB
Glen rose Addition
Easement Exhibit
City of Rosemount
WSS Pmixt No.1566-13 Date 101615
CITY Protect No]97 Rinsed 1012605
Parcel 5
'acket page 75 of 207
N LINE OF THE SW 1/4
OF SE 1/4
\1 i
HIDDEN VALLEY
LEGEND
SEWER UTRITY FUND
SW COR OF T
OF SE 1/4 OF SEC {0 1
H 1/1
50% CITY•
25% DEVELOPER
25% ASSESSMENTS
75% CITY*
12 5% DEVELOPER
125% ASSESSMENTS
50% DEVELOPER
50% ASSESSMENTS
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Glenrose Addition
Easement Acquisition Funding Breakdown
City of Rosemount
4553 Project Na1555 -43
CRY Pr01eC No 392
Date 16
Revised 10
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