2f. MNDOT Upgrade of Hwy 5 1
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P (7b.owisl
Attorne\ at Law
1 Ti- 'm., ( tni; (b121 �
1:, \ Kniir., F,\ (c,121 -1
Tho vu.t �,.. -
1 G I r\ li FUd h
1 in),- R . ;lit ; ;;
Ell,.,t t' }\n, t ,,l
\i, -, �, ; -,,I, March 8, 1993
/(G. r n. N — en .e/-4•S A £4...e. /1
1 Mr. Don Ashworth Dsi,nS ww! a
City of Chanhassen , '9, !rCl• A r °" "~jam
�► ,,
Chanhassen City Hall ' 4 ,,,,�, _ 7 �,'f-
1 690 Coulter Drive /7 '^'
P.O. Box #147 �(,,, s�� ..../...` /
Chanhassen, MN 55317 8f - S 9 .
I 7/S �s S 7 "1 :
Re: MNDOT Upgrade of Highway 5 ,G�j
1 Dear Don:
As you will recall, MNDOT'S upgrade of Highway 5 required
acquisition by MNDOT of additional land along the Highway. Some
I of the parcels from which land was acquired were owned by the
City. One of the parcels affected was the former "Burdick"
property on the northwest corner of Market Boulevard and
1 Highway 5 that is now a City holding pond.
Last fall, we negotiated with MNDOT for a final price to be
recommended to the Council for acquisition of a sliver of that
I parcel. Enclosed herewith is a photocopy of my letter to you
dated December 2, 1992 regarding the settlement negotiations and
the result. While the purpose of my December 2 letter was to
I have the matter submitted to the Council for consideration, and
presumably approval, my letter was not clear on that point.
MNDOT is now wondering what the Council's decision was.
1 Please advise at your earliest convenience. If that Council
has approved the settlement negotiations, I will contact MNDOT
and obtain payment for the City. Ammon by City Administrator If you have any questions, please call me. [Worse. ✓ Pl'E''
Modified
I Very truly yours, liteJected
peso A -1'7 > k=r 3
CAMPBELL, TSON, SCOTT Date Submitted to Commission
& FUCHS, f A.
1 e Date Submitted to Council
' � 3 -27.
rdi " " f By: /' .... All ,.�
1 r! T ,r 01 0h — ;.H E t• Gary' . /Fuc a r
GGF:kjh
1 Enclosure
�' Fa_ 1• \
F L�`ilcC ��Clltel" • 1 ��� < < \:'l ,�'11i�1" L�UI "\ � • �? '?�
I
' CAMPBELL, KNUTSON, SCOTT & FUCHS P.A
Attorneys at Law
Thum J (:amrhell (612) 4�2 �������
R , ,cr N Knutson Fax (612) 452 -555
Thomas M Scott
Gan G Fuchs December 2, 1992
Ja,,,e, R. Walston
Elliott B Knetsch
Ntichnel A. Brohacl.
Renac h Steiner
Mr. Don Ashworth
City of Chanhassen
Chanhassen City Hall
690 Coulter Drive
P.O. Box #147
I Chanhassen, MN 55317
Re: State of Minnesota /MNDOT v. Carlson, et al.
1
Dear Don:
1 As you know, in conjunction with the upgrade of Highway 5 by
MNDOT, it was necessary for MNDOT to acquire additional right-of-
way along both sides of the former right -of -way. One of the
parcels from which additional right -of -way was acquired was the
former "Burdick" property on the northwest corner of Market
Boulevard and Highway 5, the current location of a city holding
1 _ pond.
MNDOT's appraisal for compensation was $98,300.00. As you
►I know, we attempted to negotiate that number as high as we could
and have managed to get them to increase the offer to
$115,000.00. I recommend that the City accept the $115,000.00 as
final payment for the following reasons:
1. The property being acquired is roughly 30 feet in width
and runs from the railroad tracks on the northwest end along
the former right -of -way eastward along the north side of
Highway 5;
2. The taking by the State has little or no impact on the
City's use of the property on the west side of Market
Boulevard;
I 3. For the property on the east side of Market Boulevard,
the State is paying more on a per square foot basis then the
City paid to Burdick in it's acquisition;
1 4. The cost of hiring appraisers and attorney's fees that
would be involved in contesting the condemnation would
probably be greater than any additional benefit it received.
1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
Mr. Don Ashworth 1
December 2, 1992
Page 2
For all of the above reasons, we recommend that the City
accept the offer of settlement of $115,000.00 from MNDOT for it's
acquisition of the property identified as Parcel 206 on the MNDOT
Highway 5 right -of -way map.
If you have any questions or require additional information,
please feel free to contact me.
Very truly yours, 1
CAMPBELL, SON, SCOTT
& FUCHS, /P.A. 1
/
By: 44 .
„,
Ga f G. j�Fuc
GGF:kjh
Enclosure 1
A
A
1
9
f
1 1
1
1
1
1