1d. Lyman Boulevard Project 06-03: Approve Agreement
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.2271170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.2271125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
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Paul Oehme, P.E., Dir. of Public Works/City Engineer ~ f ,
FROM:
DATE:
June 9, 2008
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SUBJ:
Lyman Boulevard Project 06-03: Approve Purchase Agreement
for a Portion of the Holasek Property
PROPOSED MOTION
"The City Council approves a Purchase Agreement for a portion of the
Holasek Property"
City Council approval requires a simple majority
present.
City Council
BACKGROUND
At the November 13, 2007 Council work
Boulevard roadway agreement with Council
Lyman Boulevard for Phase 1.
On December 10, 2007, Council approved
Lyman Boulevard improvements.
On January 28, 2008, the Council
Boulevard for the Phase 1 area.
At the February 25, 2008 Council work session,
Boulevard Plans with Council.
At the Apri128, 2008.Council work
Lyman Boulevard plans with Council.
On May 12,2008 Council approved plans and
On May 20, 2008, staff held an'open house meeting
Recreational Center.
On May 27,2008 Council
project.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
Lyman Boulevard: Approve Purchase Agreement
June 9, 2008
Page 2
DISCUSSION
Council is requested to approve the attached land purchase agreement for Lyman
Boulevard. The master agreement Council approved in December 2007 states the
City is responsible for acquiring the right-of-way necessary to facilitate the
construction of the roadway. The City of Chanhassen is responsible for 40.29%,
Carver County 40.29%, and City of Chaska 19.41 % of the project costs west of
the rail road tracks including the right-of-way. Carver County identified the
amount of right-of-way necessary for the project and completed a roadway plat
identifying the permanent, temporary right-of-way and drainage and utility
easement. City staff used this information and worked with the City's attorney's
office to obtain an appraisal for the land. Over the last several months, staff has
been discussing the project with the property owner. The property owner
requested several items be added to the project. They include a signal at the
intersection of Galpin Boulevard and Lyman Boulevard, a right turn lane on
westbound Lyman Boulevard to the private property, and sewer and water service
stubbed to the property. The settlement agreement stipulates the turn lane and
sewer and water stubs are 100% paid for by the property owner. The signal is
25% paid for by the property owner since the south leg of the intersection is a
private drive. The City will pay for the land acquisition at this time but will
invoice Carver County for the County and the City of Chaska share, including
attorney's fees and appraisal costs. Chanhassen is responsible for $160,354.20 of
the right-of-way cost ($398,000) for this property. The other items paid for by the
property owner will be deducted from the project costs. The contractor for the
Lyman Boulevard improvements is responsible for repairing any damaged
draintile that may occur during construction.
Staff is still working with the property owner south of Lyman Boulevard between
Audubon south and north to obtain the necessary right-of-way. A quick-take
court action is scheduled for June 12,2008 if an agreement cannot be reached.
Attachment: Settlement Agreement
c: Tom Scott, Campbell Knutson, P.A.
G:\ENGIPUBLICI_2006 Projectsl06-03 Lyman Imp (Powers to TH 41)1060208 bkgd approv holasek pur agmmt.doc
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Court File No. 10-CV-08-426
Petitioner,
vs.
STIPULATION OF SETTLEMENT
AND ORDER
PARCEL l-HOLASEK
Deloris B. Holasek, sole Trustee, or her
successors in trust, under the Deloris B.
Holasek Living Trust dated December
15, 1995; Dean F. Degler and Lois R.
Degler, Trustees of the "Dean F. Degler
Trust"; Lois R. Degler and Dean F. Degler,
Trustees of the "Lois R. Degler Trust";
J olm Doe and Mary Roe and County
of Carver,
Respondents.
The Petitioner City of Chanhassen above named, by and through its undersigned counsel
and Respondent Deloris B. Holasek, sole Trustee, or her successors in trust, under the Deloris B.
Holasek Living Trust dated December 15, 1995 ("Holasek"), hereby stipulate that they have
negotiated a settlement for the acquisition of easements as set forth in the attached Final
Certificate.
1. City will pay Holasek $398,000.00, less the amounts set forth in Paragraph 2
herein, and provide the additional consideration set forth herein in settlement of any and all
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claims relating to the acquisition of the easements involved in these proceedings, including, but
not limited to, any claims for just compensation, attorneys fees, appraisal fees or other costs.
2. The amount payable to Holasek under Paragraph 1 herein shall be reduced by the
amount of $144,600.00, which constitutes payment for the following:
(a) the cost of installing the right tumlane at Lyman and Galpin, including
administrative, engineering and design costs;
(b) one-fourth (1/4) of the cost ofinstalling the Lyman and Galpin signal
system, including administrative, engineering and design costs; and
(c) the cost of installing sanitary sewer and water stubs to the Holasek
property, including administrative, engineering and design costs.
3. In addition to the cash payment to Holasek, the City agrees to the following
additional items:
(a) City will repair or replace any tile lines impacted by the construction of
the pond; and
(b) Assuming it is feasible from an engineering standpoint and does not
adversely impact the public system, as determined in the sole discretion of
the City Engineer, City will allow Holasek, at her cost, to expand or
oversize the pond being constructed as part of this project to accommodate
additional ponding required by development of the Holasek property.
4. The cash payment to Holasek shall be made within ten (10) days after execution
by Holasek and City Council approval of this Stipulation.
5. Upon payment of the amounts due hereunder, the City may file its Final
Certificate, a copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate
these proceedings shall be concluded.
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agreement.
Date:
Dated:
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6. This Stipulation of Settlement contains all the terms and conditions of the parties'
CAMPBELL KNUTSON
Professional Association
,2008
By:
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Milmesota 55121
651-452-5000
Attorneys for Petitioner
\~ " ~--
DELORIS B. HOLASEK LIVING TRUST
DATED DECEMBER 15, 1995
BY:~~~~ ~
Deloris B. Holasek, Trustee
,2008
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Dated:
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ORDER
The above Stipulation is hereby incorporated in this Order of the Court.
BY THE COURT:
,200
Judge of District Court
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EXHIBIT "A" TO STIPULATION OF SETTLEMENT
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Comi File No. 10-CV-08-426
Petitioner,
vs.
FINAL CERTIFICATE
PARCEL 1 - HOLASEK
Deloris B. Ho1asek, sole Trustee, or her
successors in trust, under the Deloris B.
Ho1asek Living Trust dated December
15, 1995; Dean F. Degler and Lois R.
Degler, Trustees of the "Dean F. Degler
Trust"; Lois R. Degler and Dean F. Degler,
Trustees ofthe "Lois R. Degler Trust";
John Doe and Mary Roe and County
of Carver,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
* * * * * * * * * * * * * * * * * * * * *
FINAL CERTIFICATE
AS TO PARCEL 1
DELORIS B. HOLASEK LIVING TRUST
DATED DECEMBER 15, 1995
* * * * * * * * * * * * * * * * * * * * *
By authority of Minnesota Statutes Section 117.201, I hereby certify that the rights herein
described have been taken by the City of Chanhassen in eminent domain proceedings in
conformity with the requirements of Chapter 117 of said statutes; that the Petitioner and
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Respondent Deloris B. Holasek, sole Trustee, or her successors in trust, under the Deloris B.
Holasek Living Trust dated December 15, 1995, have negotiated a settlement determining full
compensation for damages sustained by the Petitioner's taking; that all damages have been paid
by the City of Chal1hassen to Respondent Holasek; that said proceedings, as they relate to Parcel
1 (Holasek) in the above matter, are now complete and that the City of Chanhassen now holds a
temporary construction easement and a permanent easement interest for public street, drainage
and utility purposes in the lands situated in the County of Carver, State ofMi11l1esota and legally
described on Exhibit A attached hereto and made a part hereof by reference.
Dated:
,2008.
CAMPBELL KNUTSON
Professional Association
By:
Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER
AND/OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED
COPY OF THE SAME FOR FILING WITH THE RECORDS OF CARVER COUNTY,
MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE-DESCRIBED
REAL PROPERTY, IF ANY.
Dated:
,2008.
BY THE COURT:
Judge of District Court
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS:cjh
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"EXHlBIT A"
PARCEL 1 - HOLASEK
PIN No. 25.0210100
DESCRIPTION OF PARCEL OVER WHICH EASEMENTS ARE TAKEN:
The NOliheast Qumier of the NOliheast Quarter (NE 1/4 NE 1/4) of Section 21, Township 116,
Range 23;
Also, Begilming at a point on the South line of the Northwest Quarter of the Northwest Qumter
(NW 1/4 ofNW 1/4) of Section 22, Township 116, Range 23; which point is 3.60 chains West of
the Southeast comer of said NW 1/4 NW 1/4, running thence North 22 1/2 degrees West 17.18
chains; thence 47 1/2 degrees West 2 chains; thence North 71 1/2 degrees West 8.60 chains to
the Northwest corner of said NW 1/4 NW 1/4; thence South 20 chains to the Southwest corner
thereof; thence East 16.40 chains to the place of beginning, situated in the Northwest Quarter of
the Northwest Quarter (NW 1/4 NW 1/4) of Section 22, Township 116, Range 23, and containing
22.52 acres.
Also, All that part of Government Lot One, Section 21, Township 116, Range 23, lying
NOlthwesterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company.
Excepting from the two tracts of land, hereinabove first described that following tracts and
parcels ofland, to-wit: All that part of the Northeast Quarter of the Northeast Quarter (NE 1/4
NE 1/4) of Section 21, Township 116, Range 23, lying Southeasterly of the right of way of the
Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and all that part of the Northwest
Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section 22, Township 116, Range 23,
lying Southeasterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company and Southwesterly of the Excelsior and Shakopee Road.
AND
The South 100 feet of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section
16, Township 116, Range 23, Carver County, Minnesota, and
That part of the Southwest Qumier ofthe Southwest Quarter (SW 1/4 SW 1/4) of Section 15,
Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the
Southwest corner of said Section 15, and rmming thence East along the South line of said
Section 15 a distance of 275 feet more or less to the centerline of County Road No. 117; thence
Northwesterly along the said centerline of said County Road No. 117 a distance of 115.5 feet to
the point of intersection with a line 100 feet distant and running parallel to the said South line of
said Section 15; thence Westerly, along said line running parallel to the said South line of said
Section 15, to the West line of said Section 15; thence South a distance of 100 feet along said
West line of said Section 15, to the point of beginning. Containing 3.60 acres, more or less.
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DESCRIPTION OF EASEMENTS:
A permanent easement for public street, drainage and utility purposes over "Parcel 5" as said
Parcel is shown on Carver County Right of Way Plat No. 17, Carver County, Minnesota.
AND
A temporary construction easement over "TE Parcel 5" as said Parcel is shown on Carver
County Right of Way Plat No. 17, Carver County, Minnesota.
Said temporary easement expires: December 31, 2009.
AND
A permanent easement for drainage and ponding purposes over, under and across the Northwest
Quarter of the Northwest Quarter of Section 22, Township 116, Range 23, described as follows:
Beginning at point on the southwesterly line of Parcel 5, CARVER COUNTY RIGHT OF
WAY PLAT NO. 17 distant 50.31 feet northwesterly of Boundary Comer B62, said
CARVER COUNTY RIGHT OF WAY PLAT NO. 17 as measured along said southwesterly
line; thence South 58 degrees 35 minutes 11 seconds West, based on the bearing orientation
of said CARVER COUNTY RIGHT OF WAY PLAT NO. 17, a distance of 248.65 feet;
thence South 31 degrees 24 minutes 49 seconds East, 157.79 feet; thence South 87 degrees
24 minutes 49 seconds East, 60.60 feet; thence South 53 degrees 24 minutes 49 seconds East,
84.79 feet; thence South 31 degrees 24 minutes 49 seconds East to the northwesterly line of
the Twin Cities & Western Railroad; thence northeasterly along said northwesterly line to the
southwesterly line of said Parcel 5, CARVER COUNTY RIGHT OF WAY PLAT NO. 17;
thence northwesterly along said southwesterly line to the point ofbegilming.
Together with a temporary construction easement over, under and across that part of the
Northwest Quarter of the Northwest Qualter of Section 22, the Southwest Quarter of the.
Southwest Quarter of Section 15, the Southeast Quarter of the Southeast Quarter of Section 16
and the Northeast Quarter of the Northeast Quarter of Section 21 all in Township 116, Range 23,
described as T.E. Parcel 5, CARVER COUNTY RIGHT OF WAY PLAT NO 17 except that part
thereof lying southeasterly of the following described line:
Beginning at a point on the southwesterly line of Parcel 5, CARVER COUNTY RIGHT OF
WAY PLAT NO. 17 distant 161.90 feet southeasterly of Boundary Comer B63 as measured
along said southwesterly line; thence southwesterly radial to said southwesterly line to the
west line of said Northwest Quarter of the Northwest Quarter.
And together with a temporary construction easement over, under and across that part of the
Northwest Quarter of the Northwest Quarter of Section 22, Township 116, Range 23, described
as follows:
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A strip of land 30.00 feet in width southwesterly of and adjoining the southwesterly line of
ParcelS, CARVER COUNTY RIGHT OF WAY PLAT NO. 17, lying northwesterly of the
northwesterly line of the above described permanent easement and lying southeasterly of the
southeasterly line of the above described temporary construction easement.
And together with a temporary construction easement over, under and across that part ofthe
Northwest Quarter of the Northwest Quarter of Section 22, Township 116, Range 23, described
as follows:
A strip ofland 15.00 feetin width nOlihwesterly of and adjoining the northwesterly line of
the above described permanent easement.
Said temporary easements expires December 31, 2009.
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IMPORTANT"NOTleE
This Right of Way EXh~bit is prepared based on the best data av~i1able
at the time of preparation and is subject{tq~.change and correction. You
should examine it carJfully,.as.il.super~des.oral,statements.made.by
county personnel and portrays the planned easement taking(s) and
horizontal road alignment. Please contact our Right of Way Agent with
any questions or concerns.
.
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PREPARED BY:
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SCALE IN FEET
PROJECT:
PARCEL 10:
CARVER COUNTY
PUBLIC WORKS
952-466-5200
SP 10-618-09
RIGHT OF WA Y EXHIBIT NO.:
PiA T PARCEL EXHIBIT
"
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25.0210100
Existing R1W = 55303 sq. ft.
Additional R!W = 25334 sq. ft.
Permanent PondinglDrainage Easement = 76548 sq. ft.
Temporary Construction Easement = 30095 sq. ft.
Sheet 1 of 1 Sheets
REVISIONS:
04/16/08 Photo & RW Hatch (GRL)
DRAWN BY:
GRL
03/28/08
a
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DATE:
17-5-01
LANDOWNER:
DELORIS B. HOLASEK, TRUSTEE