3l. approve Temporary and Permanent easement Agreements for Project No 93-26AFROM
DATE
SUBJ:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, M "%VA"7
(612) 937 -1900 • FAX (612) 937 -5739 � �/ A
�!do rseb�`� JU
AAodile
Rejec'te
n Ashworth, City Manager
�V We Subm.tted to Commissiat9
Charles Folch Director of Public Works /City Engineer ^� / �` 1
' Dat9 Submi*,ted to Cou:►cit
June 7, 1995
Approve Temporary and Permanent Easement Agreements Over Property PID Numbers
25- 8520010, 25- 8520020 and 25- 0151700 for Galpin Boulevard Improvement Project No.
93 -26A
Attached is a letter from the City Attorney with regar4
associated with the Galpin Boulevard Improvement
Attorney's letter and recommends the Council appro
offers:
1. PID No. 25- 8520010
the status of easement negotiations for properties
aject No. 93 -26A. Staff concurs with the City
ie following temporary and permanent easement
Lot 1, Block 1, Timberwood Estates
Property Owner: Mitchell & Mary Krause
Total offer for temporary and permanent easements including those for the previous Upper Bluff
Creek Trunk Utility Improvement Project in the amount of $9,718.
2. PID No. 25- 8520020
Lot 2, Block 1, Timberwood Estates
Property Owner: James and Linda Lierdahl
Total temDdrary and permanent easement of
3. PID No. 25- 0151700
Property Owner: Betty O'Shaughness!
Temporary easement offer of $3,630
compensation of $14,905.
ktm
in the amount of $2,165.
anent easement offer of $11,275 for a total
Attachment: Letter from the City Attorney dated June 7, 1995
c: Dave Hempel, Assistant City Engineer
James Unruh, Barton- Aschman
Phil Gravel, Bonestroo
Gary Fuchs, City Attorney
g \eng\chartes \cc \easecomp.cc
MEMORANDUM
TO: D o
CAPIPEELL, KNUTSON, SCOTT & FUCHS, P.A
Jun 7 , 95 14:12 No . 009 P.02
C,AMI BI-1:.l., KNUTSON, SCOTT & FU I'.A.
Attorney, ar Law
Thonma J. (.''mupl,cll
Rog"]. N. Knotmm
I holll;i' M.
( 'iry (". Fuch
' knit - , R. w:IkI ni
ElIintt R. Knosch
(612) 452. -5000
)~pia (612) 452 -5550
Anklrca McDowt ii)i r
TOLIJ L. N is:icn
Miligueritc M. McCarfoll
( - ;wr:c T. Swphcn,on
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
June 7, 1995
Re: Galpin Boulevard Realignment Project.
Dear Don:
The above - referenced project affects 14 different landowners along Galpin
Boulevard. We have reached agreement with all but four of those landowners.
Several of the landowners were also affected by the Upper Bluff Creek utilities project
and agreement was reached with some of theni during that project.
The condemnation proceeding was commenced a few weeks ago due to our
inability to either obtain a right of entry for certain parcels or to negotiate a settlement
amount for the properties where we did have a right of entry. 'While the parties
involved have always been very easy to deal with, this project is just not a major part
of their lives and so attention to it has been sporadic.
However, now that the condemnation petition has been served, I have possible
resolutions with three of the four remaining parcels.
Leirdahl
Mr. and Mrs. Leirdahl own Lot 2, Block 1, Timberwood Estates. The Galpin
Boulevard project takes a permanent easement over .06 acres and a temporary
easement over .13 acres of the corner of their lot that touches Gilpin Boulevard right -
of-way. Harvey Swenson's appraisal of damages to their property is $2,165.00. Mr.
Leirdahl has reviewed the plans and drawings I have sent to him. Mr. Leirdahl has
agreed in writing, to accept Mr. Swenson's appraisal of damages as full compensation.
Strire 317 a f�.� ;�nil.tlr. Off'icc. Centel • t 380 ( 'orpor�tic. C:entcr Curve + [ ah;in, MN 551:? 1
CH[ , K1 , SCOTT & FUCHS , P . H Jun 1 ,'_{ 14 : 13 Pdo . A0' P . i:i.3
Mr. Don Ashworth
' June 7, 1995
Page 2
A copy of his letter is attached. I recommend to the Council that the settlement be
' approved.
K ra y.
' Mitch and Mary Krause live on Lot 1, Block 1, Timberwood Estates. They are
on the corner of Timbcrwood Drive and Galpin Boulevard and are neighbors to
' Leirdahl. Mary Krause is an engineer for the City of Eden Prairie. She has had
several contacts with Jim Unruh (our design engineer) and has copies of all plans and
' drawings. Some redesign of the easement over her property was dome at her request.
Harvey Swenson's appraisal of damages to the Krause property is $4,200.00,
' $3,640.00 for permanent easement and $560.00 for temporary easement. Enclosed
herewith is a letter from the Krauses with their counteroffer. They make two very
valid points in their letter. First, their property was also impacted by the Upper Bluff
Creek utilities project. The City has had temporary easements and construction
activity on their property for a couple of years now and we have never paid them
anything. They are certainly entitled to compensation for temporary easements.
Second, during the Upper Bluff Creek project they were promised $20.00 per tree for
each tree that was removed in the utilities project. The Upper Bluff Creek project
t removed 80 trees.
Taking; into consideration the permanent easement issue and the tree removal
' issue, the difference between our appraisal and their counteroffer is $1,650.00. 1
recommend that we agree to their counteroffer and pay that amount. For clarification,
while our appraisal is for $4,200.00 and their counteroffer is for $9,718.00,
' $3,900.00 of the difference is solely due to the loss of trees and for the temporary
easement that started as early as 1993.
' O'Shaua
' I did not order an appraisal of the impact of the Galpin Boulevard project on
Betty O'Shaughnessy's property because her property was under plat consideration at
the time and we thought dedication was likely. It is my understanding that the project
has now fallen through, that the developer has withdrawn its purchase offer and
platting is not likely. While I did not have an appraisal of the O'Shaughnessy
' property done, Mr. Swenson did appraise other parcels of property in this area,
specifically he appraised the Van De Vcirc property directly to the northeast of the
same interse.ctii }n which has the same zoning and is also raw undeveloped land. Those
C:APIFTELL , KNUTS ON , SCOTT & FUCHS , P . A
Mr. Don Ashworth
June 7, 1995
Page 3
Jun 7 . '_i- 1 :14 tlo .009 P . 04
other appraisals in the area indicate raw residential land to be valued between
$23,000.00 and $30,000.00 per acre. I spoke with Ms. O'Shaughnessy and she
agreed that if we paid her based on $27,500.00 per acre, she would sign the necessary
easements.
The total permanent easement on her property on this project is .41 acres. Tile
total temporary casctllent is .88 acres. The compensation at $27,500.00 per acre (with
temporary easement to December 1996) would be $11,275.00 for permanent easement
and $3,630.00 for temporary easement (.88 acres at 10% per year for 1.5 years). The
total compensation would be $14,905.00. I recommend that the City pay that amount
to Ms. O'Shaughnessy for the easement acquisitions.
T have gone over these issues with Charles and have discussed the different
recommendations with him. 1 shall await your response.
Very truly yours,
CAMPBELL, KN tl TSON, SCOTT
& FUCHS, P.A.
0
GGE:cjh
Enclosure
C:Ah1PFELL , K11UTSON , SCOTT & FUCHS , P . A
' May 24, 1995
' Mr. Gary Fuchs
Campbell, Knutson, Scott & Fuchs, P.A.
' 1380 Corporate Center Curve, Suite 317
Eagan, MN 55121
Dear Gary:
Jun 7 i 95 14 :14 No . 0019 P . 0
This letter is in regard to the petition you sent to my wife Linda and me. We
' agree to the city's appraised value of $2,165.00 for the land needed for the
improvement on Galpin Boulevard, We also understand it will take a week or so
after the June court hearing for us to receive this money.
Please call me at 941 -5265 if you need anything else.
Sincerely,
�d VGA
' Jim Leirdahl
' 2350 Timberwood Drive
Chanhassen, MN 55317
1 IPBELL , k:hJUTSON , SCOTT & FUCHS , P . R
Dear Mr. Fuchs,
Jura 7,95 14:15 No . 00 9 P . i =i6
We have reviewed the proposed settlement for loss of trees, permanent and temporary
easement that you have recentf , prolided, and have an alternative proposal for closure of
Ns matter. We would like to get this settled as quickly as possible, as the issues
surrounding the easement and loss of trees has been in the hands of the city /county for
over a year, without substantial effort to bring closure. The time lost has resulted in
condemnation proceedings. We are not comfortable «7th the proposal and resultant
damages to our property, and wish to reach agreement to avoid attorney and appraisal fees
on our p art, wMch would be reimbursed by the city.
The figures quoted in the condemnation proceedings. and as ag1'ccd between ourselves
and the project representatives last •ear are as follows:
S4200.00 (Figure frorn the condemnation documentation)
S1600.00 (Loss of trees, per prior agreement %vith Bonestroo, Rosene, Anderlick &
Associates)
S5800-00 Your preciously proposed settlement
The alternative settlement that we propose is as follows:
S5850-00 . (Permanent Easement for. 13 acres)
S2268.00 (Temporary Easement, beginning last ycar, through 12:96)
1600.00 (Loss of trees)
S9718.00 Total Proposed Settlement
The alternative perrrranent easement proposal is based on «hat we consider' a reasonable
market value for the unproved land that will be clanned on this project, lt'e have used
S45,000 per acre as the calculation base. This is compared to lot prices in the surrounding
neighborhood that have ranged to S180,000 per acre. The temporary easement proposal is
based on the uncompensated easeme -rit for the pre - vious project and the easement for this
project. The actual acreage intruded upon on the pr ious project was substantially outside
the project projections, and we assume that \Nill again be the case with this project. Our
calculations for actual intrusion on precious project result in a .21 acre temporary
easement,
Again, we wish to come to quick settlement on this issue. If you have any questions, T can
be reached at 930 -4117 (W), or 474 - 9317 (H).
Sincer
tom!.
Xfrtehel H. Krause -� -
11iary K. Krause