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Home My WebLink About2. Hawkins Pond Assessment Appeals & Condemnation Award Appeal ,+ r i�� o osemouvc� PHONE (612)423-4411 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (612)4235203 Mailing Address: Edward B.McMenomy P.O.Box 510,Roaemount,Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James(Red)Staats Harry Willcox Dennis Wippermann ADMINiSTRATOR TO: Mayor McMenomy Stephan Jilk Councilmembers: Klassen, Staats, W�llcox, Wippermann i ��, 1, FROM: Stephan Jilk, City Administrator .Y��- i` DATE: February 7, 1992 RE: Special Council Meetings: Hawkins Pond Assessment Appeals First Baptist Church Property Settlement Assessment Policy 1. Hawkins Pond Assessment Appeals In an attempt to reach a consensus on the results of the court decision of the Willcox/Cope cases and to decide on the remaining cases, I am requesting a special council meeting for Monday the lOth of February at 7:30 p.m. Attached is a letter from Dave Grannis. on this matter. According to the schedules you have provided to us all of you except Councilmember Staats will be available. With the exception of the 18th of February there are no other nights before the 27th wnen all of you will be available. I have had an opportunity to discuss this matter with Red and will provide input on his position to you. 2 . First Baptist Church Property Settlement Approximately 2.75 acres of land needed for linear easements and holding pond area for the Hawkins Pond project were condemned from the owners, the First Baptist Church. The City' s appraised value was set at $37, 000 and the court . found a value of $40,270. The Baptist Church has appealed the award and we must respond within 30 days. I have also put this matter on the agenda for the February lOth Special Meeting. We need to decide if we would consider a higher (than the $40,270) offer or let it go to the appeals court. We will attempt to provide information to assist in the discussion on Monday. �ver�t�tngs �oming `(/l.�i CJ1.osPmoun�l� � t_,e��, � . . SPECIAL COUNCIL MEETINGS February 7, 1992 3 . Assessment Policy Since this is an item which demands all of your attendance and consensus, I would suggest we not hold our special meeting to review this until you are all available. Based on your personal calendars the soonest that this is possible would be March 9th. So, I would suggest a special council meeting to be held March 9, 1992 at 6: 30 p.m. for that purpose. This will allow us to adopt it at the March 17th Regular Council Meeting. lj (2) LAW OFFICES GRANNIS & GRANNIS, P.A. I12 SOUTHVIEW BOULEVARD DAViD L. Gxerrxts SUITE 100 RUBY E. OCHS JOYCE M. Gxexrtcs SOUTH ST. PAUL, MINNESOTA S507S �t esstsr�rr TfiLEPHONE: �612� 4SS-1fi61 Fnx: (612) 435•2359 January 30, 1992 Mr. Stephan Jilk City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Re: Hawkins Pond Assessment Appeals Cope/Willcox Dear Steve: You have asked me the City's options in regard to the January 9, 1992 Order of the Court relating to the above-referenced assessment appeals. 1. A motion may be made requesting the Court to amend its Findings of Fact, Conclusions of Law and Order for Judgment. This must be done within 15 days after service of notice by Appellants of the filing of the Order. I have not yet received the notice of filing. 2. An appeal may be taken to the Court of Appeals. This must be filed within 90 days from January 9, 1992. 3. The City may still make an effort to settle these cases as the remaining cases are scheduled for pre-trial on February 27, 1992. 4. If the City orders Project No. 177, the Court's Memorandum states "Appellants' properties may then be assessed for this Project, but not until then." 5. The City may do nothing. Please let me know the City's desire, keeping in mind the time limitarions. Very truly yours, GRANNIS & GRANNIS, P.A. By: � >�--.,.� David L. Grannis DLG/klt LAW OFFICES GRANNIS & GRANNIS, P.A. 412 Sourttv[�v Bou�vean $UII'E 100 xUBY E. �iS Dnvm L. Gxetarris � usrsserts JOYCE M. Gxwrrrns SOUTH ST. PAUL, MINNESOTA SS07S TELEPHONE: �612� 455-1�1 Fex: (612) 435-2359 �� January 31, 1992 FEB 3 199Z c►n�� District Court Administrator Dakota County Government Center 1560 West Highway 55 Hastings, MN 55033 Re: City of Rosemount vs. First Baptist Church of Rosemount Court File No. C3-90-6188 Dear Sir/Madam: Enclosed for filing in regard to the above-referenced matter, please find Notice of Appeal of Commissioners' Award with attached affidavit of service by mail. Very truly yours, GRANNIS & GRANNIS, P.A. BY c avi L. Grannis DLG/ljb Enc. ��ec Mr. Ron Wasmund w/enc. STATE OF MINNESOTA DISTRICT COURT CASE TYPE: CONDEMNATION COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT *********************************** COURT FILE NO. : C3-90-6188 City of Rosemount, a Minnesota municipal corporation, Petitioner, NOTICE OF APPEAL OF vs. COMMISSIONERS' AWARD First Baptist Church of Rosemount, a Minnesota corporation, Respondent. *********************************** TO: FIRST BAPTIST CHURCH OF ROSEMOUNT, Respondent above-named, � and its attorney, JOHN F. BANNIGAN, 409 Midwest Federal Building, 50 East 5th Street, St. Paul, NIN 55101. YOU WILL PLEASE TAKE NOTICE, that the Petitioner herein, City of Rosemount, hereby appeals to the District Court in and for the County of Dakota, State of Minnesota, First Judicial District, from the award in the amount of $40, 270.00 and all conditions contained in the report of the commissioners in the above-entitled matter filed with the Clerk of said Court on the 17th day of December, 1991, for and on account of the condemnation, appropriation, and taking of real property described in the Petition in Condemnation, a copy of which is attached hereto as Exhibit A. The nature of the Petitioner's claim and the grounds of this appeal are that said award herein appealed from is excessive compensation to the above-named Respondents; that said award exceeds the value of the real property taken; that said award is contrary to the evidence presented at the hearing thereon and is contrary to law; and that the true damages for the taking of said real property are not in excess of $37, 000. Dated this 31st day of January, 1992. GRANN �S-•�& GRANN I S, P.A. B �� h�' � �-/ � �L�I T David L. Gra-nnis Attorney for Petitioner 412 Southview Blvd. South St. Paul, MN 55075 (612) 455-1661 Att'y I.D. No. 36808 -2- � . � EXHIBIT A PARCEL 1 A 20 FOOT PEFt-1F+t:EhT E�,SEMENT FOR 7}iE PUfiPOSE OF CONSTRVCTING, OPEFATING, AN� P'SF,INTAINING UTILIT7ES OVEit, UNDER �ND ACRO55 THE FOLLOWING DESCRIBL•D PROPERTY: T};E SJt1TH 1/2 OF ?HE hORT}1WEST 1/C OF SECTION 30, TOWN6NIP 115 N�FTH, RAhGE 19 WEST, CITY OF R�SEMOLINT, DAKOT?+ COUNTY, MINNbYOTA• THE kESTER�Y I,INE OF SAID EASEMENT AF.7NG 10 FEET EASTERLY OF THE FOLLOL�'ING DE�CP.IBED LINE : COi��'.r7��I`:.i �� Ti�E SOUTH'v+EST COF1.'F.R OF 7HE SOUTH 1/2 OF THE NORT}�� 1/C QF S�Ib SLCTIOI� 30; ?HENCE NORTH 89 DEGREES, 4g ►�!Y1;;;7ES, G:� SECONDS EAST, Ot: A': ASSUMED BE?,RIh'G, ALOh'� THE SOUTH LT1:L OF SAID SOUTH 1/2 OF THE 1.'ORTHWEST 1/d OF SECTIOi� 30 ?, DISTANCF OF 706 . 1B FEET TO 7HP POINT OF BEGIN't:IN� OF SF.ID LINE; THENCF NrJRT}i 0 DEGREgS, 11 MZNUTES, 11 SP.COt:DS 1+EST A DISTANCE OF 208 . 70 FEET ; THENCE N�RTHERLY A DIS?F.t.�� OF 287 . 15 F�ET ALONG 1+ T�NGET.TIAL CURVE, COhC�VE TO TH� EF.ST, HF.VI?:G A RADIUS OF B18. 51 FEET lillr'D 11 CBNTAAL ANGLE OF 2G DEGREES , 06 M,INUTES , 03 SECOI:DS , TO 1� POS?:T, H:REI?`l��iF.F. AFI'ERRED TO AS "F'OINT A" , TNn THERE T'ERMIhATIt:�. THE SGli':'r.znLY END OF SAID 20 FOCT FEP.1'.A?:E1:T E�,SEuENT SH)lLL AF.GI1: AT TYE N'�RTHERLY RIG".T-OF-k'l�1' I.INE 0� 145T}I STREE7 (covh�Y R�� h�. 33 ) . TOGcTHER Ki1'ii A TENSFORARY Cn2:5TRUCTI(�N FnSFMENT AEING �O FEET `r,'ESTrRLY OF P..'�D nDJOINING T}iF ABOVE DESCRIBED 20 FOOT PERM�+h'Et:Z EP.S E"tNT . TOG�TH�R tii:i'r. t. 3'; FO�� T''cF'SF,T�FNT EA�f.tf�.1:T FOA TIIF. �URPOSF OF Cpt:S;RI)CTI?;�, GFFr.l ;lt;^_•, ),.':� N.)•Ii:iAIT'iP�G UTILITIES OV�P., Ut�r%f�, F.-1 ��. � EAID t1�SEMbNT D 1�.CROSS 'rhr Fl RST ABOVE DESCRIBED p�D�pINING THE FOLLOWZN^v AN pF t,ND 1� BEING 15 FEET Ot� EACH SIDE DESCRIBED GENTERLINE: � ^ 1�T "POINT A" . DESCRIBED ABOVE% THENCE NORTHERLY J► � BEG71`l�IN� , F �G, 22 FEET ALnNG THF CO��T I NUAT ION �� TH IUS�OF �I$TA.�vCE U DESCRI AFD '1'ANGEhTIAL CURVE, SAID CURVE HJ�VING � R�` T�;� �, �ENTRAI. ANGL6 Or 3 DEGREES, 56 MI�TECONDS 818 . 51 Fs.ET Sp MINUTES , 59 S SECO�s % T��N�L NORTH Z3 DEGREES, ?�GE1�T 'IO SAID CURVE, A DI5T1�NCE OF 20.03 FEET; EAS'I' , Z�' 31 FEET f+LONG A TNENC'�. NOR7��EkLY A DISTANCE OF 336 . CONCAVE TO THE WF.ST, HAVING 7� R1�DIUS OF TANG�:TIA� CUFVF� 32 MINUT59, 81E3 . 5C FF.ET A'�C A CENTRAL ANGLE �F '18nrI vTE5 , 2B SECOt1DS g _�.;�5 : T�,E'�CE N.:F.TK 0 DEGR�FS , 31 ` � ' � r p, pl�Tp.r�CE OF 9 . 61 FEET ?0 A � CUC�VE, � Tn`;�E1IT 'f0 SJ�_D �ND THERE EAST , q.� pc •' pOI1:T E�� , p�I�y i � y�RF.I2�r•FTER R�FERRED ?ER".I�;�;I1:G. ?OGETNEF . �i'Tri �' �f.i''POFP.RY CONSTRUCTIO?: EASEMEI: T EEIhG 15 FEET w�STERLY OF A `:D EF.STEP.LY OF AND ADJOII:ING THE LAST DESCFtIBED 30 FOOT PEP.T-'.A.��ET:; EASEN.EN'I• :7ti A �� FOOT FER*"'�+NENT EASE".ENT FOR THE PURPOS� OF TOGETHER 4� UNDEh RUCTI?;�. 0}'ER�?INv, ?��`� �'`�TINTAI?�ING U?ILITIES OVER, COhST SAID E�+S�ENT },ND ACF.O�S TH� FiRST AI's0�'E DESCRI ATD pAOJOII'IN^ THE FOLLOWING �y�ING 2'� F:.ET G:: EACH SILr OF . DESChIEED CEI�TERLII:E: �� DESCRib�n ABOVE; THENCE NORTH � BEGIt:?;Ii�� p.T "POITZT � . . �G THE N�RTHERLY DLGRE�S. 1� MII�ITES, 28 SFCOhDS EAST, �'L�t' � DI6T1lNCE OF EXTE'�EI01� OF ?H� AE'JVE PESCRIB�D` C O1? THE NhORTH LIh'fi OF THE 425 FELT, Y�FE OR LESS, TO A p- I? � � 4 Of S1+) �) SFC'fl0�l 30, AND THER� SOU i 1? 1/2 OF 7HE N�P?N'r,EST 1 / pF TKE � �r� E�5 , 60 FEET E�•STERLY . 7E.F.".:l�.'-.TIh� . ST�IP. P^IhT E,.It• � � _ •r ^ •��E.F? OT �1�IT� S'��!T}: l /2 OF T}?E T:JATN'r'EST 1 �4 . 1�+S t:�;. ;�1 .S7 C��F• ` r�= �.`._�-' �,',nt:r 7}'E h�FTll LIhL TfiEPEOF . �.-2 � � TOGETNER *'I7'}I �+ TE".PORI�RY CONSTRUC'TION EASEMEhT BEIN:+ 10 FbET k'ESTERLY OF 1�ND EAS7'ERI.Y OF AND ADJOIIIING THE jIBOVE DESCRIBED LO FOOT PERM1�t�ENT EASEt;ENT. SAID EASSMENT CONTAININC; 0.90 1'►CRES, MORE OR LESS . PARCEL 2 A pERMANENi EASE!'.rT�: F�R THE PURPOSE OF COhSTRUC?ING, OFERATINv, A1:D N�AINTIIINIhG UTILI'fIES AND DRAINAGE . SAID EASEMENT eEING DESCRIE�D �S FOLL0I;S : THE WEST 145 FEc.T OF THE EAST 1300. 95 FEET OF THE N�RTH 450 FEET OF 'IIJE SOUTH 820 FEFT OF T�IE SOUTH 1/2 OF 'fHE NOATKh'EST 1 fQ OF SECTIO': 30, TOW?1SHIP 115 NORTH, RANGE 19 it'ES'f, CI?'Y OF RO�EN�OUNT, DA}:OTA COUNTY, MINNESOTA. . SAID EASET�t1:T COiJi AI2+I1�v 1 .50 ACRES, MORE OR LESS . p.-3 — - �ARCEL 3 ' �► 30 FOOT PERMANF.NT FASEMENT FOR THE PURPOSE OP CONSTRUCTING, OPER1�7'ING, AND MAIT�:AINZNG UTILITIES AND A ROADWAY OVbR, UNDER AND 1i1CROSS THE FOLi,OWING DCSCRIHED PROPERTY: ?H� 90U'fl� 1/2 OF THE NORTNWEST 1/4 OF SECTION 30, Z'Oi,�NSNSP 115 NORTH, RANGE 19 k'EST, CITY OF ROSEMOUh'T, DAKOTA C�lJNTY� MINN�OTA. SAID EI�SENENT E�IhG 30 F£ET NORTH�RLY OF AND �DJOINING ?HE FOLLOk'ING pESCRIBED LINE : COhL*7E?�CING J+' SHE SOUTNHEST CORNER OF TKE BOU?H 1/Z OF 'fHP ?:�RTHti+EST 1/d CF S�.JD S�CTION 30; ?N�NCE NORTH 89 DE�Rl�ES, 4'� t:I2�71JTES, <� SECONDS EAS?, ON J�.N 1!SSUMfiD Sfi1�RING, ALO?.'G ?H� $rJUTH LI1:� OF SAID SOUTH 1/2 Or ?1{E NOP.THWEST 1/4 OF SECTIDN 3� A DISTA1r'CE OF 706 . 28 FEET; THENCE NORTH O D�GRE�S, 11 t•'.I1:UTES , 11 SECONDS k'EST � DISTANCE OF 208 .70 FEET; THENCE T:�P,THERI,Y A DISTANCL• OF 276 . 53 FEET �ILONG 1� �ANGRNTIAL CUP,VE, CONCAVE TO THE E?.ST, �1AVIN0 A R,�DIUS OF 818 . 51 FEET A!�^ A CEh'TRF:L ANGLE OF 19 DEGRfiES, 21 KI?r'tJ'TES, 26 SBCONDS TO 7HE POIT:T OF BEGINJtiI?�.; OF S11ID LINE, SAID p�INT BEIhG Ot: ?HE NORTH LING OF Z'fiE SOUTH d80 FEET OF St.ID SOUTH 1/2 OF T}?E N�RTNk�ST 1/4 OF SE�Tl�N 30; THENCE NORTH 89 D$vREES, �� 1�SIh'UTES, 49 SECOtr'DS E?�ST, J�►LONG SAID NORT}i LINE OF THE SGUT}i 480 FEET, A DISTA?�CE OF 526 .37 FEPT, MORE OR LBSS, 'f0 A FOIhT Ot: T}IE �EST LIhE OF TH� Et,ST 1300.95 FEET OF 5?,ID SOUT}i 1/2 OF TtiE NORTI�i+EST 1/4 OF SECTION 30 �,1�D TIiERF, TERt'�IhATING. ?OGETHER KITH A ?E!'.POR.ARY CONSTRUCTION E�SEMENT BEING 20 FEET NORTHFAI,Y OF ANU S,�U';IiLRLY OF A'1� ADJO]N1?�G THE AAOVE DESCRIBED 30 FOG� PiF'J+'�E':7 F�.��M�NT. SF,:D E?� SE"Et;7 �0!:;� :r:: �:; 0 . 3� F=F.FS, M��E GF LESS . �.-: LAW OFFICES GRANNIS & GRANNIS, P.A. 412 SOUTHVIHW BOULEVARD Devro L. Gxnxxis SUITE 100 RUBY E. OCHS JOYCE M. GItANN[S SOUTH ST. PAUL, MINNESOTA 55075 Lac�. �►ssrn�v�t TELEPHONE: �612� QSS-1�1 Fex: (612) 453-2359 -�" Janu 30, 1992 � � � � � � � � AN � 31 t992 cyt�►o� �� Mr. Ron Wasmund City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Re: City of Rosemount v. First Baptist Church of Rosemount Dear Ron: In regard to the above matter, the Baptist Church has filed an Appeal. I will be filing a similar Appeal on behalf of the City. Enclosed for your information is a copy of the Notice of Appeal, Demand for Disclosure, Demand for Production of Documents, and Interrogatories to Petitioner which were served on me by attorney Bannigan. Please call after you have reviewed this letter so that we can discuss how to proceed. Very truly yours, GRANNIS & GRANNIS, P.A. ` gy; ��-�.� David L. Grannis DLG/klt Encs. � , � Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FILE NO: C3-90-6188 -------------------------------------------------------------------------------- CTTY OF ROSEMOUNT, a Minnesota municipal corporation, Petitioner, vs. NOTICE OF APPEAL FIRST BAPTIST CHURCH OF ROSEMOUNT, a Minnesota corporation, Respondent. . -------------------------------------------------------------------------------- TO: CITY OF ROSEMOUNT, Petitioner above-named and DAVID L. GRANNIS, its Attorney, c/o Grannis & Grannis, P.A., 412 Southview Boulevard, Suite 100, South St. Paul, MN 55075. YOU, AND EACH OF YOU, PLEASE TAKE NOTICE, that Respondent First Baptist Church of Rosemount, a Minnesota corporation fee owner of record of that land more particularly described in the Petition in Condemnation now on file herein, a copy of which description is attached hereto and incorporated herein as Exhibit "A", through the undersigned, its Attorneys, pursuant to the provisions of Minn. Stat. §117.145 thereof, as amended, appeal s to the above-named District Court from that REPORT OF COMMISSIONERS dated December 11, 1991 and filed December 17, 1991, a copy of which was received January 8, 1992, a copy of which Report is attached hereto by reference to Exhibit "B". The grounds for Respondent's Appeal are that the damages reported in said REPORT 1 i OF COMMISSIONERS do not constitute just compensation for the taking. Just compensation for the taking described in said PETITION IN CONDEMNATION now on file herein, is for damages in an amount greater than $50,000.00. WHEREFORE, Respondent First Baptist Church of Rosemount, a Minnesota corporation, through the undersigned, its attorneys, appeal from said COMMISSIONERS' REPORT, claiming that just compensation for the taking is in an amount greater than $50,000.00. Dated this 22nd day of January, 1992. BANNIGAN & KELLY, P.A. _.� � � By , /�i-t . Ba gan, dr. orney No. 4546 409 Midwest Federal Building 50 E. Sth Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Respondent Church ACKNOWLEDGMENT REQUIRED BY MINIv'. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. . /� / ` � � F. Bannigan, Jr. � 2 _ � ' EXHIBIT A ' PARCEL 1 1�► 20 FOOT PERMATvEh'T E�SEMENT FOR T}iE PURPOSE OF CONSTRUCTING, OFERIITING, AND MAINTAINZNG UT7LIT7ES OV6R, UNDER P►ND ACROSS THE FOLLOWING DESCRIBL•D PROPERTY: T}�E 90lITH 1/2 OF THE NORT}�WEST 1/d OF SECTION 30, TOWN6HIP 115 NORTH, RANGE 19 WEST, CITY OF ROSEMOIJNT, DAKOTJ� COUNTY, MINN$SOTA. THE WEST�RLY I.INE OF SAID EASEMENT AF.ING 10 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: CONU�1a7CI1:G AT THE SOUTHWEST CORNF.R OF 7'NE SOUTH 1/2 OF THE NORTKWLST 1/d OF SAIb SL•CTION 30; ?HENCE NORTH 89 DEGREES, dA MYNUTES, 49 SECONDS EAST, ON A1� ASSUMED 8E1�RING, ALONG THE $OUTH LTNL OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 30 A DISTANCF OF 706 . 18 FEET TO 7HE POINT OF BEGI?•�t�ING OF SAID LINE; THENCF NORTfi 0 DEGREHS, 11 MINUTES, 11 SECONDS wEST A DISTANCE OF 208 .70 FEET; THENCE NORTHERLY A DIS7ANCE OF 287 . 15 FEET ALONG l�, TJ+NGENTIAL CURVE, CONC?�VE TO THE EAST, HAVING l� RADIUS OF 818 . 51 FEET 7lND 11 CBNTRAL ANGLE OF 20 DEGREES, 06 MINUTES, 03 SECONDS, TO � POINT, HEREINAFTER RF.FERRED TO AS "POINT A" , ANn THERE TERMINATING. THE SOUTHERLY END OF SAID 20 FOOT FER1'IT•.NENT EASEMPNT 6HJ�LL AF.GIN AT THE NORTHERLY RIGHT-OF-k'�V i.INE OF 145T}i STREET (COUN?'Y ROAD N0. 33 ) . - TOGETHER ylll'!1 A TEMF'OR11RY CONSTRUCTIt)N F.ASFMFNT AEING 40 FEET WESTF,RLY OF P.ND nDJOINING ?HF ABOVE DESCRIBED 20 FOOT PERMANENT EASEMENT. TOGETHER 1�I.7H A 3C� FOOT PE.R.'1ANFNT EASi.t��.t:T FOR TIfF. PURPOSE OF CO�S7R1)CTIN�, OFF:RT,TING, AND MI�INTAINING UTILITIES OVEP., UNDF.R, A-1 �y�, � , . � SAID L�SEMENT �ND �CROS� THE F1RST ABOVE DESCRIBED P�DJOINING THE FOLLOWING BEING 15 FEET OP� EACH SIDE OF 1�ND DESCRIBED CENTERLINE: I BEGIt�t:IN� 1�T "p01Nr A" , DESCRIBED ABOVE; THENCE NORTH�RLl�ST DIS?A��CE UF 5G. 22 FEET ALONG THF r�NTINH�VING �� R�DIVS OF DESCRIAF� 9'ANGENTIAL CURVE, SAIOr 3 DEGREES, 56 MINUTEs . �� 618 . 51 FLET AND 1�. CENTRAI. ANGLE . SO � MINUTES, 59 SECONDS SECO21DS � Tf1ENCL• NORTH 23 DEGRE A� DIST�NCE OF 20.03 FEET; EAST, T1�NGEt7T TO SAID CURVE, 31 FEET ALONG A THEN�EE NOR?I�ERLY A DISTANCfi � wFST 6 •H�•VING � R1�DIUS OF TANG��TIAL CURVf;, CONCAVE TO THE , B1E3 . 50 F�:ET AND A CENTRAL ANGLE OF 23 nEOREgS. 329MS�ONDS � 31 SSCON�S : T1{ENCE NOFTH 0 DEG��FSST �8 E OF 9 561 FEET TO A EAST , TANGEI7T T O S�I D C U f�V E, A �I j�ND THERE pOINT, NERFINAFTER REFERRED TO AS ��p�INT B�� ' ?ERMI?�ATING. '!'OGETHER . WITH A 'fF.MPORAFiY CONSTRUCTION EASEMENT BEDESCRIBEDE30 WfiSTERLY OF AND EASTERLY OF AND ADJOINING THE LAST FOOT PERMA�'ENT EASEMENT. � TOGETHER 1�:Tt1 A d0 FOOT PERMANENT EASENfENT FOR TH� OVERPO UNDER CONSTRUCTING, 0�'ERATING, J�ND MI�ZNTAINING UTZLITIES . A ND ACROSS THE FIRST AT30VE DESCRIBED PROPERTY. SAID FOLLOWING BEING 20 FEET ON EACH SIDE OF Ailb ADJOINING TH DESCRYBED CEhTERLINE: BEGINNING AT "POINT B" , DESCRIBFn ABOVE; THENCE NOATN 0 DLGRE�S, 1� MIMJTES, 28 SfiCONDS EAST, ALONG THE NORTHERLY 1� DI6T)�•NCE OF EXTE1l61ON OF TH� ABJVE PESCRIB INT ON THE NORTH LINS OF THE 425 FE�T, MORE OR LESS, TO A ��OF� SA) h SFCTION 30, AND 7'HER� � SOUTIi 1/2 OF THE NORTHWEST 1 / ' ?ERN,I?:ATIN�• STIn �O1NT BEING 855 . 60 FEET EASTEST 1/4 ,�1�+S NORS�'�F•S? C�RNER Or SI�IP SOUTN 1 /� OF THE NORTHW N'iEASUFFn Tt.�� ZHE h�PT11 LINE Tt1EPE0F . A-2 . + TOGETNER 1,�ITF( .. TEMPORI�RY CONSTRUCTION EASEMENT BbINO 10 FbET WESTERLY OF I�ND EASTERI.Y OF AND ADJOIIIING TNE 11BOVE DESCRIBED 4� FDOT PERMJhR�ENT EASEMENT. SAID EASfiMENT CONTAINING 0,90 ACRES, MORE OR LESS . PARCEL 2 A PERMANEI�T"i EASEMENT FOR THE PURPOSE OF COhSTRUCTiNG, OFERA7ING, AND MAINTAINING UTILITIES AND DRAINAGE . SAID EASEMENT BEING DES CRIBED �S FOLLOWS: THE WEST 145 FEET OF THE EAST 1300. 95 FEET OF THE NORTH 450 FEET OF TItE SOUTH 820 FEET OF 'T��E SOUTH 1/2 OF THE NORTKWEST 1/4 O�' SECTION 30, TOWi1SHIP 115 NORTH, R11NGE 19 WEST, CITY OF R06 EMOUNT, DAKOTA COUNTY, MZNNESOTA. SAID EASEMENT CON7'AINING 1 . 50 ACRES, MORE OR LESS . A-3 ! � � P�RCEL 3 � R 30 FOOT PERMANF.NT FASEMENT FOR TNE PURPOSE OP CONSTRUCTING, OPERATING, AND MAINTAINING UTILITIES AND A ROADWAY OVER, UNDbR AND 11CROSS THE FOLf,OWING DESCRIBED PROPERTY: THE 90UTft 1/2 OF THE NORTHWEST 1/d OF SECTION 30, TOHNSHIP 115 NOATH, RANGE 19 WEST, CITY OF ROSEMOUNT, D1�KOTA COUNTY, MINNffiOTA. SAID EASEMENT BEING 30 FEET NORTHERLY OF P►ND ADJOINING THE FOLLOWING pESCRIBED LINE ; GOMMETICING ?,T THE SOUTNWE5T CORNER OF THE 80U?H 1/2 OF 4HB NORTH�IEST 1/d OF SAJD SECTION 30; ?HENCE NORTN 89 DBGREES, 48 MINUTES, 49 SECONDS EAST, ON AN �1SSLTMfiD Bfi1�RING, ALONG THE 90UTH LINE OF SAID SOUTH 1/2 OF 11iE NORTHWEST 1/4 OF SECTION 30 A DISTANCE OF 706 . 18 FEET; THENCE NORTH O DEGRE�S, 11 Y,INUTfiS , 11 SECOt�1D5 WEST � DIST�,NCB Of ZOB . 70 FEET; THENCE N�RTHERi,Y A DISTANCL• OF 276 . 53 FEET ALONG ]� TANGRNTIAL CURVE, CONCAVE TO TNE EI�ST, t1AVINd P► RADIUS OF 818 . 51 FfiET ANn A CENTRAL ANGLE OF 19 DPGRBES, 21 1°iINUTES, 26 SHCONDS TO THE POINT OF BEGINNING OF S�1ID LINE, SAID POINT BEING O21 THE NORTH LINC OF TFiE SOUTH d80 FEfiT OF S�,ID SOUTH 1/2 OF T1iE NORTNWEST 1/4 OF S�CTION 30; THENCE NORTH 89 D$GREES, 99 Mltv'UTES, 49 SECOh'DS E�ST, �LONG SAIn NORTH LINE OF THE SOUTIi 480 FEET, A DISTANCE OF 526 .37 FEET, MORE OR LBSS, TO A POINT ON T}IE WEST LINE OF TH� EJ�ST 1300. 45 FEET OF SJ�ID SOU'TH 1/2 OF THE NORTI�Y�EST 1/4 OF SECTION 30 � I�ND THLRf, TERMINATING. TOGETHER NITH A . TEMPORARY CONSTRUCTION E1�SEMENT AEING 20 FEET NORTHF.AI,Y OF A1:D SOU'TiiERLY OF A�tD ADJOINING TfiE AAOVE DESCRIBED 30 FOOT PER'�iA1�E1:; EASEMENT. SAID EASEM�N7 COl�TA.INING 0 . 3E ACRF.S, MORE OR LESS . A-4 STATE OF MINNES�TA � DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMrIATION �r*******�**********�********��***** Court File No. C3-90-6188 City of Rosemount, a Minnesot� municipal corporation . . Petitioner, V8 . $EP4 T OF C4I�.MIS$zONERB First Baptist Church oP Rose:aount, a 2:innesota corporation, Respondent. **+�***��*�**�********�*�*�**�*,�**** TO THE COUR:: The undersigned comir,issioners appofnted by this Court in the above entitled matter by OrdErr of the Court dated Narch 9, 19°0, and October 24 , 1991, do hereb� report as fol�ows: 1. That we a,et at the tiine and place appointed by tr�e Court therefor� tc-wit, in the office of the Clerk of District Caurt, in the Dakota County Gov�rn:�ent Center in Hastir.gs, Ninnesota , cn the 19th day of 2:arch, 1990, and on the 7th day of Novea�ber, 1951 and each took t2ie oath prescribed by laa, 2 . T2:at thereafter upon gfvir,g due notice te a�l persons �;ho had appeared in the ��ithin matter, we met at the site of the property being condenned, on M,�Y 15, 1991 ______• � 3 . We heard all pez'sons Who appea:ed and asked to be heard at a Co�unissior�ex'b hearing on hove�:ber 25, 1991, in tY,e Council . ChanWers at the Municipal Bsi2cling ir► South St . Paul , Ceunty of Dakota , S ta:e of 2!innesota . � I 4 , he r.ave appraised thE: value 'o'� the land so p:opose� to . � , � �'��. �� r. . . j ' � � be taken, and the damages sustained by the Respondent by reason of tbe taking thereoP, and the same are as �oilows: Tempora:y Easement 1 . 34 acres at �12 , 500 per acre a� 12% for two years . . . . . . � 4,020.00 PermanenC Easement 2 . 9 acres at $12 ,500 36 , 250.00 per acre . . . . . . . ; • • • � • • • � • TOTAL DAMAGES �40,270.00 5. We further report tha.t in the perfcrsance of our duties as Coiamissionera, we were each occupied as follows: p. James TaurinsY.as - 9 days at 5150. 00 per day ; 175 �,iles at 26 cents pei� a.ile and tetal amount due of $ 1 , 395. 50 � Robert W. McKenzie - $ days at $150.00 per day; � - - - �5 �iles at 26 cents pel- mile and total amount due of S � , z4s . so , Leonard Dunham � 7 ,_ days at �150. 00 per day ; 12___5____ miles a� 26 cents per mile and total az�ount due of $ 1 ,082 . 50 . Dated: Dece.�,ber 11 , 1991______ t � �a_. s Taurinskas, Co�i��ioner � i� � R bert W. Y.cKenzie, � Coa.z;issioner � � G ,1.�' i ,�e�-.,nard Dunham, Ccnsissioner � I : _2_ , . r Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST NDICIAL DISTRICT COURT FII.E NO: C3-90-6188 -------------------------------------------------------------------------------- CTTY OF ROSEMOUNT, a Minnesota municipal corporation, Petitioner, vs. INTERROGATORIES TO PETITIONER FIRST BAPTIST CHURCH OF ROSEMOUNT, a Minnesota corporation, Respondent. -------------------------------------------------------------------------------- TO: CTTY OF ROSEMOUNT, Petitioner above-named and DAVID L. GRANNIS, its Attorney, c/o Grannis & Grannis, P.A., 412 Southview Boulevard, Suite 100, South St. Paul, MN 55075. YOU, AND EACH OF YOU, PLEASE TAKE NOTICE, that Respondent First Baptist Church of Rosemount, a Minnesota corporation, fee owner of record of the property more particularly described in the Petition in Condemnation now on file herein, through the undersigned, its attorneys, pursuant to Rule 33, Rules of Civil Procedure for the District Courts of Minnesota, requires answers, under oath, to the following intenogatories, within thirty (30) days of the date of service hereof: YOU WILL FURTHER TAKE NOTICE that these interrogatories shall be deemed continuing so that the Petitioner above-named shall be required to advise the undersigned, giving timely notice thereof, of any information contained after the date of the answers hereto, which additional information would have the effect of changing or adding to the information . � provided by the answers to these interrogatories. INTERROGATORIES 1) What does the Petitioner contend to be the area, expressed in terms of square feet and/or acres, of the entire tract owned by Respondent prior to the taking herein including first the fee encumbered with pre-existing right-of-ways and the net after deducting pre-existing right-of-ways? 2) What does the Petitioner contend to be the area, expressed in terms of square feet and/or acres, of the entire tract owned by Respondent after the taking herein exclusive of pre-existing right-of-ways? 3) What does the Petitioner contend to be the area, expressed in terms of square feet and/or acres, of Parcel 1, the 20 foot permanent easement for the purpose of constructing, operating and maintaining utilities? 4) What does the Petitioner contend to be the area, expressed in terms of square feet and/or acres, of Parcel 2, a permanent easement for the purpose of constructing, operating and maintaining utilities and drainage. 5) What does Petitioner contend to be the area, expressed in terms of square feet and/or acres, contained in Parcel 3, a permanent easement for the purpose of constructing, operating and maintaining utilities and a roadway. 6) What does Petitioner contend to be the zoning that was effective on the subject property on the date of taking, November 26, 1986? If more than one zone affected the subject property on the date of taking, describe the areas in which each zone was effective on the date of taking. 7) Describe all the permitted uses, conditional and/or special uses, within each of the zones effective on the subject property on the date of taking together with enunciating the performance standards required under the zoning code for each of the zones effective on said date. 8) Has the zone on the subject property changed since the date of tal�ing? If the answer is in the affirmative, describe as in the previous interrogatory the areas, the uses and performance standards to which the property is now subjected. 9) Has the Petitioner caused the subject property to be appraised? 10) If the answer to the preceding interrogatory is in the affirmative, please state by name, residence address and/or in lieu thereof, attach the qualifications of each such appraisal witness Petitioner has caused to appraise the subject property, regardless of whether Petitioner intends to call said appraiser to testify at the trial herein. 11) As to each appraiser of damages arising out of the taking, state: a. The date of each appraisa] and the effective date of the appraisal; b. Identify with respect to each appraiser, the method of appraisal used or � � �J considered in making the appraisal; such as, but not limited to, comparable sales analysis, income approach, cost less depreciation, development cost approach, etc.; c. With respect to each method used by each appraiser, state with regard to each appraiser, what the data, facts, rates, percentages or other matters considered or used in said approach, the mariner in which they are used and the computations utilized in connection therewith. 12) Designate and describe any and all of the data, facts or factors considered in each appraisal not explained in your answers to the preceding interrogatory. 13) State the highest and best use of the entire tract as of the date of taking and the reasons, facts and data which are the basis for such determination of highest and best use, including, without limitation, the factors showing the probability of such use and the period within which such use would occur. Similarly, state the highest and best use of the subject property after the taking, that is, after the remainder including, without limitations, the factors showing the probability of such use and the period within such use would occur. 14) If not already provided in connection with the preceding answers, supply the following information: a. List, identify and give details of all comparable sales used by each appraiser employed by the Petitioner, including, without Iimitation: i. The date of sale; ii. Description including size, topography and location of the property sold; iii. The name and address of the seller; iv. The name and address of the purchaser; v. The purchase price and terms of sale expressed in gross and in acres and/or in square foot unit basis; b. Identify the source of each comparable sale. If such sources are individuals or corporations, state the names and addresses thereof. If such sources are documents, records or books, describe the document, record or book and state the name of the custodian thereof and the custodian's address. 15) State the name, residence address, business address, title, duties and employment classification of the officer, employee or agent answering these interrogatories on behalf of Petitioner. 16) Identify each person by full name, residence and business address, and area of expertise whom you expect to call as an expert witness at the trial hereof, stating the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which each expert is expected to testify and a summary of the grounds for each opinion. 17) Identify each and every other person the Petitioner intends to call as a witness by name and address giving a brief summary of the facts Petitioner intends to elicit from each such witness. 18) Identify by name, address and qualifications each and every expert Petitioner has contacted but intends not to cal] at the trial hereof w-ho has rendered an opinion relative to the issues of this lawsuit. . , . 19) Identify each and every other person Petitioner has contacted relative to the issues herein but intends not to call at the trial hereof and from whom the Petitioner has gained information relative thereto. Dated this 22nd day of January, 1992. BANNIGAN & KELLY, P.A. . --� �- c � � . B gan, Jr� omey No. 4546 409 Midwest Federal Building 50 E. Sth Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Respondent Church ACKNOWLEDGMENT REQUIRED BY MINN. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. / � �' ` ,� . B 'gan, Jr. .� �. Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FII.E NO: C3-90-6188 -------------------------------------------------------------------------------- CITY OF ROSEMOUNT, a Minnesota municipal corporation, Petitioner, vs. DEMAND FOR PRODUCTION OF DOCUMENTS FIRST BAPTIST CHURCH OF ROSEMOUNT, a Minnesota corporation, Respondent. -------------------------------------------------------------------------------- TO: CTTY OF ROSEMOUNT, Petitioner above-named and DAVID L. GRANNIS, its Attorney, c/o Grannis & Grannis, P.A., 412 Southview Boulevard, Suite 100, South St. Paul, MN 55075. YOU, AND EACH OF YOU, PLEASE TAKE NOTICE, that Respondent First Baptist Church of Rosemount, a Minnesota corporation, fee owner of record of the property more particularly described in the Petition in Condemnation now on file herein, through the undersigned, its attorneys, pursuant to the provisions of Rule 34, Rules of Civil Procedure for the District Courts of Minnesota, request that Petitioner, within thirty (30) days of the date of service hereof, produce for inspection and copying by the attorneys for said Co-parties Respondent at their offices in Room 409, Midwest Federal Building, 50 E. Sth Street, St. Paul, Minnesota the following designated documents and materials: 1. Any and all conespondence by and between the Petitioner and Respondent either wTitten b�� Petitioner or received by Petitioner and/or anyone on its behalf which deals 1 , � with the subject property at any time since Respondent became the owner of the subject property. 2) Any and all correspondence between Petitioner and Developer of the property to the north of Respondent's property which relates to the need for�design of and payment for the utilities which were constructed over, under, across and through the subject property. 3) Any and all correspondence by and between Petitioner and its appraisers, exclusive of correspondence between Petitioner's attomey and Petitioner's appraisers that relates to the determination of the monetary damages arising hereunder. 4) Any and all surveys, including, but not limited to, studies pertaining to the appropriateness of this site for development, aerial photos, topographic surveys showing the subject property as it relates to contiguous properties, and plans for the extension of streets or utilities into the subject property. 5) Soils analysis and/or reports pertaining to the subject property or any contiguous parcel of land within which public improvement for which this property is being acquired. 6) All photos, aerial, still, video and the like, as the same pertain to and may be used in the above-captioned matter. 7) Identify each and every document Petitioner proposes to offer into evidence at the trial in the above-captioned matter. 8) Respondent respectfully requests permission to examine each and every document maintained by the City through its Planning Division, Department of Public Works and the like as the same pertains to the subject premises over the past ten years preceding the date of taking, including, but not limited to, all correspondence addressed to the City or mailed by the City, site studies, feasibility reports, internews and statements, plans, proposals to develop and the like. Dated this 22nd day of January, 1992. BANNIGAN & KELLY, P.A. /;;� �. Y . Ba 'gan, Jr rney No. 4546 409 Midwest Federal Building 50 E. Sth Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Respondent Church 2 ACKNOWLEDGMENT REQUIRED BY MINN. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attomey and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. , � � , ,� � ' , an, J 3 - , Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FILE NO: C3-90-6188 -------------------------------------------------------------------------------- CITY OF ROSEMOUNT, a Minnesota \ municipal corporation, Petitioner, vs. DEMAND FOR DISCLOSURE FIRST BAPTIST CHURCH OF ROSEMOUNT, a Minnesota corporation, �. Respondent. -------------------------------------------------------------------------------- TO: CTTY OF ROSEMOUNT', Petitioner above-named and DAVID L. GRANNIS, its Attorney, c/o Grannis & Grannis, P.A., 412 Southview Boulevard, Suite 100, South St. Paul, MN 55075. YOU, AND EACH OF YOU, PLEASE TAKE NOTICE, that Respondent First Baptist Church of Rosemount, a Minnesota corporation, fee owner of record of the property more particularly described in the Petition in Condemnation now on file herein, through the undersigned, its attorneys, pursuant to the provisions of Minn. Stat. §117.165, Subd. 2 thereof, as amended, make demand of the Petitioner above-named, to disclose in writing within fifteen (15) days of the date hereof, the following, to-wit: 1. The appraisal witnesses Petitioner proposes to call on its behalf at the trial hereof; and 2. The amount of each such appraisal of damages. 1 Pursuant to said statute, this demand shall be deemed continuing. You are further advised that Subd. 3 of said Minn. Stat. §117.165 provides as follows, to-wit: A party shall not be permitted at the trial, except for just cause shown, to use any expert witness on the matter of damages whose name, address and appraisal was not disclosed to the other party following a written demand. In the event of failure to disclose the name, address and appraisal requested, Respondent, through its attorneys, will seek an order in limine in chambers prior to the trial hereof. Dated this 22nd day of January, 1992. BANNIGAN KE , P.A. -� ... / '�'j! By . Bamugan, Jr. orney No. 4546 409 Midwest Federal Building 50 E. Sth Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Respondent Church ACKNOWLEDGMENT REQUIRED BY MINN. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. �- �� 'F Banni n, Jr. 2