1g Bongard Easement TH101 TrailTO:
Todd Gerhardt, City Manager
CYFYOF
C]t J EN
?700 ~1~ ~ulevard
PO Box 147
Chanllassen. MN 55317
FROM:
DATE:
SUBJ:
Teresa $. Burgess, Public Works Director/City Engin~__4~
May 7, 2003
Stipulation of Settlement - Roger Bongard Easement
TH 101 Trail (North)
Administration
Phone: 952.221.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952..227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
REQUESTED ACTION
Approve Stipulation of Settlement and $2,500 payment for easement with Roger
Bongard.
DISCUSSION
City Staff and the Attorney's Office (Campbell Knutson) have been working to
settle the remaining two easement parcels on the TH 101 Trail (North). Both of
these easements are in condemnation proceedings.
Finance
Phone: 952227.1140
Fax: 952.227.1110
Park & RecmaUon
Phone:. 952227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Werks
1591 Park Road
Phone: 952.227.1300
Fax: 952227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www. ci.chanl'm.sssn.mn.us
Staff and Matthew Foli from the attorney's office met with Mr. Bongard and his
brother on Monday, May 6th, 2003. Mr. Bongard requested $2,500 above the
appraised amount of $4,737 for a total easement payment of $7,237. In addition
Mr. Bongard has requested that the City extend the water service line 5 feet
beyond the property line so it is beyond the proposed permanent easement.
Staffrecommends and the attorney's office concurs that this settlement is
appropriate. Staffhas based this opinion on the follow:
1. The City will incur additional attomey fees to continue the condmnnafio-.
These fees could exceed the settlement amount.
2. Recent easement settlements for the BC 7 and 8 utility project reach
through condemnation resulted with the property owner receiving more
than the appraised value.
3. Settlement will bring closure to the easement for both the City and
property owner. (No appeal as is possible with condemnation.)
4. The easement settlement is eligible for 50% reimbursement through the
Mn/DNR grant, however, that grant will end in 2004. There is no
guarantee that the condemnation proceedings will be completed by that
time.
FUNDING
Funding for this easement is out of the City's Park and Trail Dedication Fund
with 50% being eligible for reimbursement under the City's trail grant through the
Enclosure: 1. Stipulation of Settlement
c: Roger Bongard
Harry Bongard
g:~ng~publicW'/- 12-3Wmff report 5-7-03.doc
The City of Chauha#en · A growing community with clean lakes, quality schools, a chroming downtown, thriving businesses, winding trails, and beauUful parks. A gmat place to live, work, and play.
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Louis S. Tesler and Beth S. Tesler,
a/k/a Beth Snyder Tesler, husband
and wife; Bank of America, FSB;
U.S.Bank National Association ND;
Roger B. Bongard; John Roe and Mary Doe
and County of Carver,
Respondents.
Court File No. 10-CV-03-168
STIPUlaTION OF SETTLEMENT
AND DISBURSEME~ OF FUNDS
ROGER B. BONGARD
PARCFJ. 29
The City of Chanhassen, Petitioner above-named, by and through its undersigned
counsel, and Respondent Roger B. Bongard, pro se, pursuant to Minnesota Statutes Section
117.185, hereby stipulate that they have negotiated a settlement for the acquisition of easements
as defined in the Petition as Parcel No. 29.
Pursuant to the "quick take" condemnation process, on May 5, 2003 Bongard received
directly from the City the sum of $4,737.00 which represented the City's approved appraised
value for Parcel No. 29. The parties hereto stipulate and agree that a total payment of $7,237.00
to Bongard as set forth below represents full and final payment for the acquisition by the City of
Parcel No. 29, including reimbursement for appraisal fees, interest, costs and disbursements, if
Within ten (10) days of the City Council's formal approval of the settlement, the City will
issue a check in the amount of $2,500.00 payable to Bongard, which shall constitute full payment
of the balance of the settlement amount. Said check shall be mailed to Bongard at 18195 County
Road 30, New Germany, Minnesota 55367.
The parties stipulate that the temporary easements shall expire on October 31, 2003. The
parties further stipulate that the City may file its Final Certificate with respect to Parcel No. 29, a
copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate these
proceedings with respect to Parcel No. 29 shall be concluded.
Date: ,2003
CAMPBEIJ~ KNUTSON
Professional Association
By:
Thomas M. Scott, g98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
Date: ,2003
Roger B. Bongard, pro se
EXI-I1BIT "A" TO STIPUI~TION OF SET17.~
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-03-168
VS.
Petitioner,
FINAL CERTIFICATE
AS TO PARCEL NO. 29
ROGER B. BONGARD
Louis S. Tesler and Beth S. Tesler,
a/k/a Beth Snyder Tesler, husband
and wife; Bank of America, FSB;
U.S.Bank National Association ND;
Roger B. Bongard; John Roe and Mary Doe
and County of Carver,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
By authority of Minnesota Statutes Section 117.205, 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
Respondent Roger B. Bongard have negotiated a settlement and have executed a Stipulation of
Settlement and Disbursement of Funds determining full compensation for damages sustained by
the Petitioner's taking; that all damages have been paid by the City of Chanhassen; that said
proceedings are now complete and that the City of Chanhassen now holds an interest as set forth
below over the lands situated in the County of Carver, St_ate of Minnesota and legally described
on Exhibit A attached hereto and made a part hereof by reference.
Dated: ,2003
CAMPB~ JJ KNUTSON
Professional Association
By:.
Thomas M. Scott, g98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Chawe
Eagan, Minnesota 55121
TltE ABOVE CERTIFICATE IS IqF~R~Y APPROVED AND TI-IE COUNTY RECORDER
AND/OR REGISTRAR OF T1TLFS IS I-n:m~ltY ORDERI:n3 TO ACCEFr A CER'I'IIqEI}
COPY OF THE SAME FOR FIIJNG WITH THE RECORDS OF CARVER COUNTY,
MINNESOTA, OR CERTIFICATES OF TITI.F~ COVERING TIlE ABOVE-DF_SCRI'Iq~D
REAL PROPERTY, IF ANY.
Dated: ,2003
-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
Parcel No. 29 - Bongard PIN No. 2~-0011900
DESCRIPTION OF PROPERTY:
South 240 feet of North 451 feet of East 503 feet of the Southeast Quarter of the Northeast
Quarter of Section 1, Township 116, Range 23, Carver County, Minnesota.
DESCRIPTION OF EASEMENT:
A permanent easement for public tmilway purposes over, under and across the West 5 feet of the
East 38 feet of the above-described property.
Together with a permanent easement for public trailway purposes over, under and across the
West 5 feet of the East 43 feet of the South 60 feet of the above-described property.
Together with a temporary easement for trail construction purposes over, under and across the
West 5 feet of the East 43 feet lying north of the South 60 feet of the described property.
Together with a temporary easement for trail construction purposes over, under and across the
West 5 feet of the East 48 feet lying north of the south 65 feet of the above-descri~ property.
Said temporary easement will expire on October 31, 2003.