1h. Lyman Blvd/Lake Riley Improvement Project: Easement Acquisition.J
IL
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
(612) 452 -5000
Fax (612) 452 -5550
August 27, 1996
Andrea McDowell P0eh1Cr
Matthew K. Brokl
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
RECEIVED
Mr. Don Ashworth
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
AUG 2 8 RECD
CITY OF CHANHASSEN
c !7 c+ r r a . y l r Q.� b-'u w ,' / / � t.
Re: City of Chanhassen vs. Adelmann, et al.
Lake Riley Utilities /Lyman Boulevard Project ;.I, J C. ° H / ! - 17 4=1 i
Dear Mr. Ashworth:
I have three more proposed settlements of easement acquisitions for the Lyman
Boulevard /Lake Riley Improvement Projects. The property owners involved are Sunny Slope
Homeowners Associations, Kevin and Linda Sharkey and Dan and Jean Christensen. The
Sharkeys and Christensen are members of the Sunny Slope Homeowners Association and
live next door to each other.
The permanent easement being acquired from the Sharkey and Christensen parcels is
a 20 foot wide easement, 10 feet on either side of the common lot line between their
respective properties. Both parties have given the City the right to enter the property and to
complete the construction work without first settling the acquisition compensation issue.
However, I discussed resolution of the matter with both parties and have identical proposals
for settlement compensation for both parcels.
The City is acquiring a permanent easement over 905 square feet of each parcel.
These are the only two platted .4 acre size lots in the entire easement acquisition proceeding.
Assuming the lots to be valued at a minimum of $48,000.00 (which I believe is very
reasonable in today's market in Chanhassen), the total acquisition cost would be $2,493.00 to
each party. The Sharkeys and Christensen have each agreed to accept $2,500.00 as full
compensation for their respective easements. I recommend that both settlements for Sharkey
and Christensen for payment of $2,500.00 to each be approved.
The Lake Riley project also requires acquisition of an easement over a portion of the
private road and the internal common lot owned by the Sunny Slope Homeowners
Association. The total area being acquired in the easement is 2,623 square feet, 400 square
feet of which is part of an existing parking lot. The City's appraiser has valued the
compensation due to the Association to be $4,000.00. I have met with the officers of the
Association and they have agreed to accept the $4,000.00 appraisal amount as full
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
Mr. Don Ashworth
August 27, 1996
Page 2
compensation for the easement. Since it is my opinion that the City is required by law to
pay its own appraised damages as compensation, I obviously recommend that the Council
approve the payment.
Please place these three matters before the Council on its next agenda for their
review. If approved, please let me know.
As always, in the event you or any member of the Council requires any additional
information, please feel free to contact me.
Very truly yours,
CAMPBELL KNUTSON, SCOTT
& FUCHS, � A.
GGF:cjh
Enclosure