1c Trail Easement Paymentid...
CITYOF
9 G~ CenterDdve, POBox I47
7hanhassen, Minnesota 55317
Phone 612.93Z 1900
General Fa.,: 612. 937 5739
:hginee~qng Fax 612.937.9152
ublic SafeO, £rtx 612. 934. 2524
X~eb www. ci. chanhassen, nih. us
MEMORANDUM
TO:
FROM:
Scott A. Botcher, City Manager
Todd Hoffman, Park and Recreation Director
DATE:
October 18, 1999
SUB J:
Authorize Payment of Permanent and Temporary Trail
Easement, 1998 Trail Project, Robert and Lois Bowen,
6275 Powers Boulevard
Mr. Joel Jamnik. of Campbell Knutson, and I have been meeting with the Bowens
and their attorney over the past 18 months. Mr. Jamnik has recorded the history
of these meetings in the attached letter. Considering the initial estimated
compensation, a $5,000 payment is palatable.
RECOMMENDATION
It is recommended that the City Council authorize a $5,000 payment for
permanent and temporary trail easement on the Robert and Lois Bowen property,
6275 Powers Boulevard.
g:\park\th\b0weneasement,doc
e CiO, qfChanhassen. A growing communia, with clean lakes, qualit3, schools, a charmin~ downtown, thriving, businesses, and beautiful/)arks A ~,rem place to live, Work and
Thomas J. Campbell
l~.oger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
CAMPBELL KNUTSON
Professional' Association
Attorneys at Law
(-651) 452-5000
Fax (6511 452-5550
October 11, 1999
Mr. Todd Hoffman
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Minnesota 55317
Re:
Chanhassen 1998 Bike Trail Project
- Robert M. and Lois A. Bowen (Parcel No. 53)
Our File No. 12668/490
Dear Todd:.
We have reached a tentative settlement with Robert and Lois Bowen, 6275 Powers
Joel ,~Jarnt3 k
Andrea McDowel~Poet'/ler
Matthew 1~.- Bt_oki*
johr~F. KaJty
Matth~ J..Foil
Marguerite M. ~Carron
*A/so licc~ed~ Wisconsin
Boulevard, for a permanent and temporary easement for trail purposes.
We originally proposed to take 2,240 square feet outside the drainage and utility
'
easement at $2.21/sq. ft. and 4,000 square feet within the drainage and Utility easement at
$1.77/sq. ft. for a total of $12,030, In addition, the estimated .temporary easement of 3,678
square feet was proposed to be obtained for $1,8!2. Finally~ther~ was alsoa p°tential fence~-
replacement which ~tpproached $11,000 based on a quote from an area ltimb_~r ~ompany, whi~
brought our estimate for the take to almost $25,000.
As revised, the proposed easementetiminated compensationfor the fence
was shifted closer to the road t0 avoid the fence. Coricur~entlyl the reCaicffiatedar6a for the.
permanent and temporary easements were reduceCkto 1,247.63Squarefe~t f°r th~permanent~
and 2,365.41 square feet for the temporary easements, respectively. Unfortunately, the
revised survey did not differentiate between theeasementarea within or 9uBide the drainage~
and utility easement. White it is reasonable to assume that ~most of the trai[as Constructedis
now within a drainage and utility easement, we cannot verify that withoul substantial additio~
survey work. Further, as you know, the property recordsfor the affeCted area are not
necessarily accurate. This reduces our ~ility to establish with any legal ~et'tainty-where the
public's interest ends. For these reasons,'I f~qt that an offer Of $2-.21 sqU reTfoot for the
permanent easement was reasonable ($2,757.26).
For the temporary easement, I simply adjusted for the reduced square footage, and
offered the Bowens our appraiser's estimateof $2.95 per square foot, adjustedaccordinglo
Suite 317 · Eagandale Office Center · 1380 Corporate Center CurVe
Mr. Todd Hoffman
October 11, 1999
Page 2
our established formula. That amount, $1,165.31, when added to the permanent easement,
brought our base offer to $3,922.57, plus interest at the judgment rate of 6% from last year's
onset of the take (approximately September 1~), or $4,157.92.
The Bowens, through their attorney, countered at the full fee value for the permanent
easement ($3,680) plus the temporary easement amount ($1,165.31), plus interest, for a total
of $5,136.57.
Obviously, the $5,000 proposed settlement is skewed toward the Bowens' counteroffer,
but remaining questions regarding damage to the fence, restoration, etc. are resolved by
accepting their offer. Further, in a sign of good faith, the Bowens executed the easements in
anticipation of City acceptance. This alone should save us an hour or two of legal time.
In my opinion, the proposed settlement of $5,000.00 is fair, reasonable, and consistent
in light of our other trail acquisitions.
I recommend acceptance by the City Council.
Very truly yours,
Campbell Knutson
Professional Association
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