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Home My WebLink About6.w. Aquisition of Easements - Old County Road 38.132nd Court West, City Project #387AGENDA ITEM: Acquisition of Easements Old Country Road 381132 Court West, City Project #387 AGENDA SECTION: Add -On PREPARED BY: Andrew J. Brotzler, PE, City Engineer W AGENDA NO. 1p.IAL ATTACHMENTS: Settlement Agreement APPROVED BY: RECOMMENDED ACTION: Motion to Authorize Execution of Settlement Agre ent with William and Bonita Rohr. Parcel /PID Name Address Amount #1 34 02010 010 09 William Bonita Rohr 2813 135t Street W $20,400 r 4 ROSEMOUNT BACKGROUND: CITY COUNCIL City Council Meeting: December 19, 2006 EXECUTIVE SUMMARY As part of the Old County Road 38/132' Court West project, the acquisition of permanent and temporary easements was necessary from the below noted property. At this tune, a settlement agreement has been reached with the property owners and is attached for Council information. As part of the eminent domain process, $19,600 has previously been paid to the property owners. The total proposed compensation to the property owners as part of the settlement agreement is $40,000. Staff is requesting Council authorization of payment of the balance to the following property owner: SUMMARY: Staff is recommending that Council authorize the payment for permanent road easements as proposed m the above motion. G \ENGPROJ\ 387\ AuthonzePaymentEasemenrAcqu ,smonCC12 -19 -06 doc 12 -18 -06 12:26 From-Kennedy 8 Graven George L May Terence 0 OBrien, Jr Nicholas G. B. May Corrine H. Thomson, Esq. Kennedy Graven Chartered Attorneys at Law 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 -1458 December 15, 2006 Dear Ms. Thomson: MAY O'BRIEN, LLP 204 SIBLEY STREET, SUITE 202 HASTINGS, MN 55033 Re: City of Rosemount v. William L. Rohr, et al. Dakota County District Court File No. 19 -C6 -06 -8176 I enclose herein the Stipulation of Settlement which you prepared and sent to me on December 14, 2006. It has been signed by Mr. and Mrs. Rohr and me, and is forwarded to you for your signature and presentation to the Rosemount City Council for their resolution approving this settlement. The original signed Stipulation by my clients and me is enclosed in the mailed portion of this communication. I shall see you on December 20, 2006, at 2:00 p.m. before the Condemnation Commissioners. very truly yours, GLM:lnr Enclosure cc: Mr. and Mrs. William L. Rohr (w /enclosu 1 r FCC 0, fi [V DEC 18 20! +6123379310 T -485 P 002/009 F-014 'Ml NNE5OTA STATE BAR ASSOCIATION BOARD C1=RTIPIrn SPECIALIST IN CIVIL TRIAL 1 A Telephone (651) 437 -6118 Facsimile (651)437 -6572 Web www.mayobnen,Lom VIA FACSIMILE AND U.S. MAIL (612) 337 -9310 12 -18 -06 12:26 From Kennedy Graven Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT The City of Rosemount, a Minnesota municipal Court File No. 19 -C6 -06 -8176 corporation, Petitioner, +6123379310 T -485 P 003/009 F -014 v. STIPULATION OF SETTLEMENT William L. Rohr; Bonita J. Rohr; City of Rosemount; County of Dakota; all other parties unknown having any right, tide or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, Respondents. THIS STIPULATION is made by and among the Petitioner the City of Rosement "City and Respondents William L. Rohr and Bonita J. Rohr Respondents WHEREAS, Respondents are the fee owners of the real property located at 2813 132 Street West, Rosemount, MN 55068, which is identified as Parcel 17 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 County Road 38/135 Street West, Phase 2 Street and Utility Improvements Project (City Project #387) (the "Project and 30206214 CAn RS220.233 1 12-16-06 12:26 From Kennedy i Graven 302062V4 CAR RS220 -233 2 +6123370310 7-465 P 004/009 F-014 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. Settlement Amount. The parties have agreed to compromise and settle this matter for the total sum of $40,000.00, for all claims and damages related to the taking herein, including but not limited to just compensation, attorneys' fees, interest, costs and expenses. The settlement is allocated as follows: (a) just compensation in the amount of $28,926.00; (b) attomeys' fees, costs and expenses in the amount of $11,074.00. The Respondents waive any the right to payment of interest on the just compensation award. The Respondents also acknowledge that they have received a payment of 51,500.00 as reimbursement of appraisal fees, in addition to the $40,000.00 settlement sum, and that Respondents have received full and final payment for reimbursement of appraisal fees. 2. Stipulated Commissioners Award and Court Award. The parties agree that the court- appointed commissioners may enter an award in the amount of specified at paragraph 1(a) above in favor of Respondents and an award of $0.00 in favor of City of Rosemount and County of Dakota. The award shall not include any award for appraisal fees, said fees having already been paid to Respondents pursuant to Minn. Stat. 117-036. The parties further agree and stipulate that the amount of attorneys' fees, costs and expenses to be awarded by the Court pursuant to Minn. Stat. 117.031 (2006) is the amount specified at paragraph 1(b) above. The Petitioner may submit an ex parte request to the Court for an award of fees consistent with this Stipulation. 3. Payment of Award. Respondents acknowledge that they have previously received the amount of $19,600.00, in partial payment of the final settlement. Within 10 days after the 12-16-06 12:26 From-Kennedy L Graven 702002h CA1 [t32ZOd33 3 +6123378310 T -485 P 005/009 F-014 later of entry of an award of commissioners or entry of a Court order awarding fees and expenses, which award and Court order must be consistent with paragraph 2 above, the City will pay jointly to respondents the amount of 520,400.00. The Respondents shall be responsible for paying from the final settlement payment their attorneys fees and any other costs and expenses that Respondents have incurred in connection with this proceeding. The Petitioner shall not be responsible for making any payments directly to Respondents' attorney, appraiser, or other consultants or service providers. 4. Site Restoration /Grading. As additional consideration for this settlement, the Petitioner agrees to establish a 3:1 slope in the area adjacent to 132 Street, the top of said slope beginning along a line parallel to and distant four feet behind the curb and extending onto the Property as far as necessary to establish a 3:1 slope. The precise area to be sloped will be determined by the requirement that the slope be established at a 3:1 ratio; however, the approximate location of' the area is shown on the attached Exhibit B. The Petitioner shall have no obligation to grade or disturb any areas that already meet the 3:1 slope standard. The Petitioner will restore any disturbed area by installing sod; however, it shall be the Respondents' responsibility to water the restored area and maintain all areas outside of the permanent easement areas described in the attached Exhibit A. The Petitioner has no obligation to replace any trees, shrubs, flowers or vegetation other than grass within the slope area. The Petitioner will complete the work to be performed under this paragraph by July 31, 2007. The Respondents grant and convey to Petitioner a right of entry over and across those portions of the Property as may be reasonably necessary for Petitioner to accomplish said work. The Respondents acknowledge that the settlement amount in paragraph 1 includes any and all compensation due to Respondents for 12-16 -06 12:26 From-Kennedy Graven +6123379310 T -405 P 006/009 F -014 the rights to be exercised by Petitioner under this paragraph, including without limitation compensation for the right of entry and for any loss of trees, shrubs or other vegetation. 5. Sewer and Water Connections. .As part of the project for which this proceeding was undertaken, the Petitioner has installed two sewer and two water stubs to the Property one set to serve the existing dwelling on the Properly and one set to serve a future dwelling, after appropriate land division approvals are obtained. The Petitioner represents and warrants that the Respondents will not be required to immediately connect the existing dwelling to the municipal sewer and water. Respondents may continue to use the private sewer and water systems for the existing dwelling until the earlier of: (a) ten years from the date of this stipulation; or (b) such time as the sewer or water system fail so that continued use of either system constitutes a violation of health standards under applicable laws or regulations. The Petitioner does not require the Respondents to pay for installation of either set of sewer and water stubs until the time of connection; the amount to be paid at the time of connection will include (i) connection charges as established by applicable ordinances and fee resolutions at the time of connection and (ii) supplemental connection charges as established by Resolution No. 2006 -59, adopted May 2, 2006. 6. Prepayment of Certain Charges. Notwithstanding the preceding paragraph, the Respondents have elected to pre -pay the supplemental connection fee as established by Resolution No. 2006 -59, for the stubs to the existing dwelling. Petitioner acknowledges receipt of $9,400.00 in prepayment of that amount, and further acknowledges that at the time the existing dwelling is connected to municipal sewer and water, the supplemental connection charges under Resolution No. 2006 -59 will not have to be paid; however, connection charges as established by applicable ordinances and fee resolutions at the time of connection will be 302062v4 CAN R5220.233 4 12-16 -06 12:26 From Kennedy Craven required to be paid. Petitioner also acknowledges that Respondents have prepaid the entire amount of special assessments levied in connection with this project, in the amount of $4,000.00. With respect to the water and sewer stubs for the future dwelling, the amount to be paid at the time of connection will include both (i) connection charges as established by applicable ordinances and fee resolutions at the time of connection and (ii) supplemental connection charges as established by Resolution No. 2006 -59, adopted May 2, 2006. 7. Waiver of Appeal and Claims. Both parties waive the right to appeal from the final award of commissioners and final judgment 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, attomey's fees or reimbursement of appraisal fees. Respondents also waive any and all claims against the City, its contractors, agents or employees for nuisance due to the slope of the terrain adjacent to 132"" Street, provided that the slope is established as provided in paragraph 4 of this stipulation. 8. Final Certificate and Dischart!e 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: 2006. KENNEDY GRAVEN, CHARTERED 302062v4 CAH R5220.233 By: 5 +6123379310 T-465 P 007/009 F -014 Corrine H. Thomson #149743) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337 -9300 ATTORNEYS FOR PETITIONER 12 -18-06 12:26 From Kennedy Graven Dated; 42e 2006. Dated: Pe r e to b /a, 2006. 302062v4 CAH RS220 -233 +6123370310 T -485 P 00B /008 F -014 MAY O'BRIEN, LLP By: x.14 f lit 444, George L. May 204 Sibley Sheet, Suite 202 Hastings, MN 55033 (651) 437 -6300 ATTORNEYS FOR RESPONDENT e. €7-4 William L. Rohr Bonita J. Rohr 6 1 Name Nature of Interest William L. Rohr Fee owner Bonita J. Rohr Fee owner 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 12-16 -06 12 :26 From Kennedy b Graven Parcel 17: (P.I.D. No. 34- 02010- 010 -09) (Torrens Property) (Cert. of Title No. 51480) Property Address: 2813 132° Street West, Rosemount, MN 55068. Legal Description of Subject Property: The Westerly Four Hundred thirty -seven (437) feet of the following described property; The South Four Hundred fifty (S.450) feet of Government Lot One (1) in Section Twenty (20), Township One Hundred fifteen (115), Range Nineteen (19) lying East of the Center line of Highway 218, subject to highway and all mineral rights as provided by law, according to the Government Survey thereof, Dakota County, Minnesota. Description of Taking: EXHIBIT A 1. A perpetual easement for street, utility and drainage purposes over, under, across and through that part of the above described Property, which lies southerly of a line drawn parallel with and distant 100.00 feet northerly of the northerly line of Outlot A, OUTLOTS OF BROCKWAY, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, and also which lies easterly of the easterly right of way line of State Trunk Highway No. 3. 2. A temporary easement for construction purposes over, under, across and through the south 62.00 feet of the above described Property, lying northerly of said parallel line. Said temporary easement to expire November 15, 2007. Said taking is subject to existing easements. Names and Description of Interests to be Acquired +6123379310 T-485 P 009/009 F -014 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 described real estate. 302062v4 CAN R5220.233 A -1