1f. Lyman Blvd/Lake Riley Improvement Project: Jesberg Property Easement Acquisition.r �
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
r Attorneys at Law
r Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
r James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
r
(612) 452 -5000
Fax (612) 452 -5550
May 21, 1996
' Mr. Don Ashworth
City Manager
City of Chanhassen
' 690 Coulter Drive
Box 147
Chanhassen, MN 55317
1
Re: City of Chanhassen v. Charles A. Adelmann, et al.
' Lyman Boulevard /Lake Riley Improvement Projects
Court File No. C7 -95 -1919
RECEIVED
JUN 18 RECD
CITY OF CHANHASSEN
Andrea McDowell Poehler
Matthew K. Brokl
John F. Kelly
Marguerite Ivl. McCarron
George T. Stephenson
4 PQ ✓ J l
' Dear Don:
As you know from prior correspondence, we have been negotiating with several
landowners to acquire the necessary easements for the Lyman Boulevard /Lake Riley
project. One of the landowners is Mark and Lori Jesberg. They live at 8407 Great
' Plains Boulevard. Their property is just south of, and adjacent to, the Willis Klein
property.
r Our appraiser's opinion of the compensation due to the Jesbergs for the
easement acquisition is $11,200.00. That amount has been deposited with the court as
part of the quick take process. In acquiring the easement and constructing the project,
r it is necessary to remove several large oak and other trees. The Jesbergs have
obtained appraisals of value of the trees and they believe $20,365.00 is fair
compensation to them for the easement and the loss of trees. Our appraiser's value
' includes the easement and the trees so it is a "apples to apples" comparison.
r The Jesbergs have indicated they are willing to negotiate on the compensation
in order to resolve this.
r In attempting to come up with a compromise number (we are $9,000.00 apart) I
have done a "cost of proving our case" analysis. If we went to Commissioners'
hearings it would require two days Commissioners' time, one to view and one to hold
r the hearings. We would hire our appraiser to prepare and then to appear and testify.
' Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
Mr. Don Ashworth
June 17, 1996
Page 2
My fees would be incurred for the testimony preparation, for the hearing and for the
viewing of the parcel. In addition we would have to reimburse the Jesbergs up to
$500.00 for their appraisal fees. My analysis of the costs of going to the
Commissioners' hearing is approximately $3,500.00 - $4,000.00. The bottom line is
that it will cost the City approximately $14,500.00 to $15,000.00 to get an award
from the commissioners at our appraisal amount.
The Jesbergs have indicated they will settle the case for 15,000.00. I
recommend that the case be settled for $15,000.00. Please place this matter and my
recommendation on the next council agenda for council review. If the settlement is
approved, please let me know.
If you or any member of the council require anything further, please feel free
to contact me.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
Q
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