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3b. TH 101 Improvements: approve Right of Way Parcel #5 PID #25, 1550020-Project No. 12-06 1 0 ° CITY OF MEMORANDUM C `"` °'" A'S" "' TO: Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 FROM: Paul Oehme, Director of Public Works /City Engineer • Chanhassen, MN 55317 DATE: January 14, 2013 Administration Phone: 952.2271100 SUBJ: TH 101 Improvements: Approve Stipulation of Right -of -Way Fax: 952.2271110 Settlement for Parcel #5, PID #25.1550020 - Project No. 12 -06 Building Inspections Phone: 952.2271180 Fax: 952.2271190 PROPOSED MOTION Engineering "The City Council approves Right -of -Way Stipulation of Settlement for Parcel Phone: 952.2271160 Fax: 952.2271170 #5." Finance City Council approval requires a simple majority vote of the City Council present. Phone: 952.2271140 Fax: 952.2271110 BACKGROUND Park & Recreation Phone: 952.2271120 On February 27, 2012, the City Council approved a Right -of -Way Acquisition Fax: 952.2271110 Agreement with MnDOT. Recreation Center On April 23, 2012, the City Council approved a funding Agreement with MnDOT to 2310 Coulter Boulevard Phone: 952.2271400 pay for the TH 101 right -of -way acquisition. Fax: 952.2271404 DISCUSSION Planning & Natural Resources Over the last nine months, staff has been working on acquiring the right -of -way Phone: 952.2271130 Fax: 952.2271110 necessary to construct the TH 101 improvements from Lyman Boulevard to Pioneer Trail. Parcel #5 on the TH 101 acquisition map is owned by the Erhart's. The Public works property owners have accepted the City's appraised value for the right -of -way. The 7901 Park Place appraised value for the right -of -way is $52,500.00. The City Attorney has drafted the Phone: 952.2271300 settlement document and is ready for signatures. State funds are paying for right -of- Fax: 952.2271310 way costs for the project. Senior Center Staff has settled with other property owners at this time since they were within the Phone: 952.2271125 Fax: 952.2271110 City's purchasing guideline amounts. City staff has settled with other property owners on right -of -way acquisitions but are waiting on final settlement documents for Web Site mortgage bank authorization. www.ci.chanhassen.mn.us Attachment: Settlement document c: Tom Scott, Campbell Knutson PA g: \eng \g, bli \ 2012 gro'e s \12 06 �r i 1 y an blvd to p'o er trl) i rov�me ts\bkgd 011413 th 101 erhart settlment approv � SSen is 1 a ommunity for Ll e - P rovi d ing t'or an arming for tomorrow STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota Court File No. 10 -CV -12 -1217 municipal corporation, Petitioner, vs. STIPULATION OF SETTLEMENT AS TO PARCEL 5/ERHART James D. Wilson and Jennifer J. Wilson, husband and wife; Margaret Ann Wilson; Mark A Van Hoef and Carolyn Van Hoef, husband and wife; KleinBank, a Minnesota banking corporation; Paul D. Paulson and Carol L. Paulson, husband and wife; Wells Fargo Bank Minnesota, National Association; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for GMAC Mortgage, LLC; David Raymond Blanski and Mary Bernice Blanski, husband and wife; Timothy A. Erhart, and Dawne M. Erhart, husband and wife; Timothy J. Lowe and Cynthia Lowe, husband and wife; Mortgage El ectronic Registration Systems, Inc., acting solely as a nominee for Wells Fargo Home Mortgage, a Division of Wells Fargo; Roder A. Lee and Kimberly A. Lee, husband and wife; Community Resource Bank, a Minnesota banking corporation; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for CitiMortgage, Inc.; U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Corp. 2006 -FRE2, Asset Backed Pass - Through Certificates, Series 2006 -FRE2; Douglas J. Duchon and Rebecca A. Duchon, husband and wife; Margaretten and Company, Inc.; Roselee W. Wondra and David L. Wondra, Trustees of the Roselee W. Wondra Revocable Trust UA dated September 24, 2008; Community Bank Chaska, a Minnesota banking corporation; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for U.S. Bank N.A. Inc.; David S. Devoy and Cynthia 166451v1 1 L. Devoy, husband and wife; Robert Boecker and Christin E. Boecker, husband and wife; Residential Credit Solutions, Inc., a Delaware corporation; John Doe and Mary Roe and County of Carver, Respondents. The Petitioner City of Chanhassen above named, by and through its undersigned counsel and Respondents Timothy A. Erhart and Dawne M. Erhart, husband and wife and KleinBank, a Minnesota banking corporation ( "Respondents Erhart"), pursuant to Minnesota Statutes Section 117.185, hereby stipulate that they have negotiated a settlement for the acquisition of fee title and easements as set forth in the attached Final Certificate. 1. The City will pay a total amount of $52,500.00 to Respondents Timothy A. Erhart, Dawne M. Erhart and KleinBank, in settlement of any and all claims relating to the acquisition by Petitioner of fee title and easements involved in these proceedings, including reimbursement for appraisal costs, interest, attorney's fees, right of first refusal pursuant to Minn. Stat. §117.226, costs and disbursements. 2. Within ten (10) days of the City's approval of the settlement, the City will issue a check in the amount of $52,500.00 payable to "Timothy A, Erhart, Dawne M. Erhart and KleinBank," which shall constitute full payment of the settlement amount. Said check shall be mailed to Timothy and Dawne Erhart, 9611 Meadowlark Lane, Chanhassen, Minnesota 55317.. 4. Upon payment of the amount due hereunder, the City may file its Final Certificate, a copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate these proceedings shall be concluded. I 66451v1 2 5. This Stipulation of Settlement contains all the terms and conditions of the parties' agreement. CAMPBELL KNUTSON Professional Association Date: , 2012 By: Thomas M. Scott, #98498 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 Attorneys for Petitioner ..7 7 ( i - / !----.. Dated: f ( (-, ( i •a , 2012 V-1.4 (,— I--- — Timothy A. Erhart Dated: /Q / (./...., ( i.,) , 2012 l : "/- / L '' (- I; (,- ( 1 1 - , , f - Dawne M. Erhart KLEINBANK ---- / ,„, z ,.,•-• / / i - ',„-_----/----:;- Datec - /1., - :3 7 - 12 , 2012 L--- Its: 166451v1 -, 3 EXHIBIT A TO STIPULATION OF SETTLEMENT STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota Court File No. 10 -CV -12 -1217 municipal corporation, Petitioner, vs . FINAL CERTIFICATE AS TO PARCEL 5/ERHART James D. Wilson and Jennifer J. Wilson, husband and wife; Margaret Ann Wilson; Mark A Van Floef and Carolyn Van Hoef, husband and wife; KleinBank, a Minnesota banking corporation; Paul D. Paulson and Carol L. Paulson, husband and wife; Wells Fargo Bank Minnesota, National Association; Mortgage Electronic Registration Systems, Inc., acting solely as a nornine_e for GMAC Mortgage, LLC; David Raymond Blanski and Mary Bernice Blanski, husband and wife; Timothy A. Erhart, and Dawne M. Erhart, husband and wife; Timothy J. Lowe and Cynthia Lowe, husband and wife; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Wells Fargo Home Mortgage, a Division of Wells Fargo; Roger A. Lee and Kimberly A. Lee, husband and wife; Community Resource Bank, a Minnesota banking corporation; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for CitiMortgage, Inc.; U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Corp. 2006 -FRE2, Asset Backed Pass - Through Certificates, Series 2006 -FRE2; Douglas J. Duchon and Rebecca A. Duchon, husband and wife; Margaretten and Company, Inc.; Roselee W. Wondra and David L. Wondra, Trustees of the Roselee W. Wondra Revocable Trust UA dated 166451v1 4 September 24, 2008; Community Bank Chaska, a Minnesota banking corporation; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for U.S. Bank N.A. Inc.; David S. Devoy and Cynthia L. Devoy, husband and wife; Robert Boecker and Christin E. Boecker, husband and wife; Residential Credit Solutions, Inc., a Delaware corporation; John Doe and Mary Roe and County of Carver, - Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND FOR PUBLIC PURPOSES * * * * * * * * * * * * * * * * * * * ** FINAL CERTIFICATE AS TO PARCEL 5 /ERHART * * * * * * * * * * * * * * * * * * * * * By authority of Minnesota Statutes Section 117.20.1, I hereby certify that the rights herein described have been taken by the City of Chanhassen in eminent domain proceedings in conformity with the requirements of Chapter 117 of said statutes; that the Petitioner and Respondents Timothy A. Erhart and Dawne M. Erhart, husband and wife and KleinBank, a Minnesota banking corporation ( "Respondents Erhart"), have negotiated a settlement determining full compensation for damages sustained by the Petitioner's taking; that all damages have been paid by the City of Chanhassen to Respondents; that said proceedings, as they relate to Parcel 5 (Erhart) in the above matter, are now complete and that the City of Chanhassen now holds fee title, a permanent drainage and utility easement and temporary construction easements 166451v1 5 in the lands situated in the County of Carver, State of Minnesota and legally described on Exhibit A attached hereto and made a part hereof by reference Dated: , 2012. CAMPBELL KNUTSON Professional Association By: Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER AND /OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED COPY OF THE SAME FOR FILING WITH THE RECORDS OF CARVER COUNTY, MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE - DESCRIBED REAL PROPERTY, IF ANY. Dated: , 2012. BY THE COURT: Judge of District Court THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 TMS:cjh 166451v1 6 EXHIBIT A TO FINAL CERTIFICATE PARCEL 5 — Timothy A. Erhart and Dawne M. Erhart FEE TITLE That part of OUTLOT A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver County, Minnesota, lying westerly of the westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -46, and 10 -47* according to the recorded plats thereof, Carver County, Minnesota, and easterly of the following described line: Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds West, assumed bearing, along the south line of said OUTLOT A 32.22 feet to the point of beginning of the line to be described; thence northerly 200.91 feet along a non tangential curve, concave to the west, central angle 20 degrees 11 minutes 41 - seconds, radius 570.00 feet, chord bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said westerly right of way line and said line there terminating. This tract contains 1.44 acres of land more or less. AND A perpetual easement for drainage and utility purposes over, under, and across that part of OUTLOT A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at point B7 of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -46, and 10 -47* according to the recorded plats thereof, Carver County, Minnesota; thence South 89 degrees 34 minutes 41 seconds West, assumed bearing, along the south line of said OUTLOT A 32.22 feet; thence northerly 200.91 feet along a non tangential curve, concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said westerly right of way; thence North 64 degrees 27 minutes 03 seconds West, along said westerly right of way line 11.04 feet; thence northwesterly along said right of way 19.54 feet along a tangential curve, concave to the northeast, central angle 01 degrees 38 minutes 20 seconds, radius 1069.13 feet to the point of beginning of the easement to be 166451v1 7 described; thence continuing along said right of way line and said curve 119.09 feet, central angle 01 degrees 38 minutes 20 seconds; thence northwesterly along said right of way 220.39 feet along a compound curve, concave to the northeast, central angle 35 degrees 14 minutes 31 seconds, radius 358.31 feet; thence South 68 degrees 13 minutes 10 seconds West 150.00 feet; thence South 22 degrees 17 minutes 40 seconds East 300.01 feet; thence North 68 degrees 13 minutes 10 seconds East 286.96 feet to the point of beginning. This easement contains 1.34 acres of land more or less. AND A temporary construction easement over, under, and across that part of OUTLOT A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the intersection of the westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -46, and 10 -47* according to the recorded plats thereof, Carver County, Minnesota, and the south line of said OUTLOT A; thence South 89 degrees 34 minutes 41 seconds West, assumed bearing, along the south line of said OUTLOT A 32.22 feet to the point of beginning of the easement to be described; thence northerly 200.91 feet along a non tangential curve, concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said westerly right of way line; thence North 64 degrees 27 minutes 03 seconds West, along said westerly right of way line 11.04 feet; thence northwesterly along said westerly right of way line 19.54 feet along a tangential curve, concav to the northeast, central angle 01 degrees 38 minutes 20 seconds, radius 1069.13 feet; thence Siiuth 68 degrees 13 minutes 10 seconds West 53.88 feet; thence South 54 degrees 55 minutes 36 seconds East 575.72 feet; thence southeasterly 489.12 feet along a tangential curve, concave to the southwest, central angle 42 degrees 55 minutes 00 seconds, radius 653.00 feet; thence South 89 degrees 34 minutes 41 seconds West 51.05 feet; thence South 00 degrees 25 minutes 19 seconds East 100.00 feet to a point on the south line of said OUTLOT A; thence North 89 degree's 34 minutes 41 seconds East, along said south line 107.00 feet to the point of beginning. Together with a 30.00 foot temporary easement for construction purposes over, under, and across the first above described property, said temporary easement being coincident with and west (right) of the following described line: Beginning at the intersection of said westerly right of way line of Trunk Highway No. 101 and the north line of said OUTLOT A; thence southerly 195.73 feet along said westerly right of way line, along a non tangential curve, concave to the east, central angle 17 degrees 38 minutes 15 seconds, radius 635.83 feet, chord bearing South 10 degrees 12 minutes 43 seconds East, chord distance 194.96 feet; thence southeasterly 17.19 feet 166451v1 8 along said westerly right of way line, along a compound curve, concave to the northeast, central angle 02 degrees 44 minutes 55 seconds, radius 358.31 feet and said line there terminating. Said temporary easements commence May 1, 2013 and expire December 31, 2014. (Abstract Property) 166451v1 9 X 100 0 100 somminom scale � Feet • DENOTES FOUND MONUMENT O DENOTES IRON PIPE SET TEMPORARY EASEMENT I FEE ACQUISITION t rr-,61 PERMANENT DRAINAGE & UTILITY EASEMENT I } 0,559 SO. FT 1 I 1 .\ \\ h 240 p0 �e�3Ar �' • i f � , \ b yt 105,260 S0. FT. �` • / \\,,/ / '- `C, % \ EH \_ -� r )'' "\ .,>: � , • 47>, ° W Proposed Description: \ h �/-._ ,�/ '' `"� /`�; N54'S`' z,.„.. , /� "-04 �, \ , That port of OUTLOT A, BUTTERNUT RIDGE ADDITION, according to the recorded plat w ," __ thereof, Carver County, Minnesota, lying westerly of the westerly right of way line of Tr \ ` ° f ; ! .�` , -� • , r�\ "" Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT . ' •! - N. NO. 10 -46, and 10 -47. according to the recorded plats thereof, Carver County, \ • /\ 1 4\ '`` Bf3 MO \ Minnesota, and easterly of the following described line: \\ J, f •` A 6 OE - Ns 9 Commencing at Dint 87 of said right of wa \\,.-_-------- �/ _ S i { y 11 Y,, , . 11 Y,, , . minutes 41 seconds West, assumed bearing, alo thence South 89 ng the south line of aid OUTL T A °dJ 0, N. 32.22 feet to the point of beginning of the line to be described; thence northerly V - S'es ` \ N 200.91 feet along a non tangential curve, concave to the west, central angle 20 4R /"//' degrees minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees % 18 minutes en 16 seconds West; thence northwesterly 435.88 feet along a compound _ curve, concave to the southwest, radius 703.00 feet, central ongle 35 degrees 31 ` ,�' �R% / minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along _ % ` tangent, 516.07 feet to a point on said westerly right of way line and said line there ��J` ( .5 _ .`sr " � - 4p � \ / terminating. This tract contains 1.44 acres of land more or less. p e 04 f. ( _ 42}',....4. / Proposed Drainage Sr Utility Easement Description: • f ` �f ` \- . • - 62,846 SO. FT A perpetual easement for drainage and utility purposes over, under, and across that part It �`(" of OUTLOT A, BUTTERNUT RIDGE ADDITION, according to the recorded plot thereof, Carver t t 911 County, Minnesota, described as follows: %' �,. \ = v�c`;J ERHART ./ 'AL-Ti U.. Commencing at point 87 of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF �� PID 251550020 61.126 50 FT T+; `, - ,�C� v W 60. c. WAY PLAT NO. 10 -46, and 10 -47* according to the recorded. plats thereof, Carver _ ,C v v yep $ „ ' _ -_ County, Minnesota; thence South 89 degrees 34 minutes 41 seconds West, assumed M J my f � ' eia \ bearing, along the south line of said OUTLOT A 32.22 feet; thence northerly 200.91 " feet along a non tangential curve, concave to the west, central angle 20 degrees 11 re _ \ \ minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees 16 minutes - -- = 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave ` 't- to the southwest, radius 703.00 feet, central an le 35 deg rees 31 minutes 29 N 9 T , �tir seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, o .� - �- - 483.35 feet to the point of beginning of the easement to be described; thence . :I. continuing North 54 degrees 55 minutes 36 seconds West 32.72 feet to 0 point on '7... 1 _ I I said westerly right of way; thence North 64 degrees 27 minutes 03 seconds West, -- I along said westerly right of way line 11.04; thence northwesterly along said right of a' /, way 138.63 feet along a tangential curve, concave to the northeast, central angle 07 . / degrees 25 minutes 46 seconds, radius 1069.13 feet; thence northwesterly along said -1, - / right of way 220.39 feet along a compound curve, concave to the northeast, central S.1 .. � angle 35 degrees 14 minutes 31 seconds, radius 358.31 feet; thence South 66 N am a!' degrees 13 minutes 10 seconds West 240.00 feet; thence South 22 degrees 17 N ' -tmjOS - minutes 40 seconds East 350.01 feet; thence North 68 degrees 13 minutes 10 m s' f / seconds East 415.00 feet to the point of beginning. This easement contains 2.42 w�•° - - / acres of land more or less. m s uraE a ;BE rn .{ am.oT 4 or £ _ / OUT1aWUT } xma[ AMC - - / / o I 81 / I I .A / / / J I N I / N / / U / U / O a DRAWN BY sjp I hereby certify .that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly TIMOTHY ERHART & DAWNE ERHAR PARCEL 5 FILE NO. 1" CHECKED BY' 10K _ Licensed Land Surveyor under the laws of the state of 10901 RED CIRCLE DRIVE PID 251550020 Minnesota. t _.„,A, SUITE 300 SKETCH & DESCRIPTION CHANH 120227 °' SURVEYED BY' MINNETONKA, MN 55343 -930 OUTLOT A BUTTERNUT RIDGE ADDN. OUTLOT A, BUTTERNUT RIDGE ADDN. i j www.sehinc.co Signature: Lic. No. 46535 DATE / — NO. BY DATE REVISIONS Printed Name: LUKE C. KRANZ Date: 05/11/12 EH CHANHASSEN, MN CARVER CO., MN 05/11/12 LEGEND \ - �` PROPOSED RIGHT-OF-WAY - 1 I I PROPOSED PERMANENT EASEMENT - > i - " 1 ( I PROPOSED TEMPORARY EASEMENT "- ' ,' - - 4 1 • PROPOSED CONSTRUCTION % _ I ! . ' , CONSTRUCTION CONSTRUCTION PROPOSED RIGHT-Or-WAY BOUNDARY \; 1 _ . ` PRGPOSED iENPORAa EASEMENT BOUNDARY 1 s . -- . . - - -. __ EXIST. RIGHT-Or-WAY _�_ ,�_ - ____ __ - _- - _. _ _ -_ ,: -� f l ' % -< PARCEL BOUNDARY ' ■ \ i ' - \ O - ' I . - - - - -- - - - EXISTING BETUNO BOUNDARY T I I, I Z D - OO; t i 4 — O O• _ l M - TI % - ^ u ^ e� L r — i 1 - i� i ll I / n 1 F l 21 _` ` j/ `— 1 I - �_,I I- 'J f �6 �i i BANDIMERE 5 A _ — �, " 1 — . =' , I / PARK _ i ■ TH101 - \ � � I : . - - \ CD - -,. - '- 1 .- -- ----- -- ..., • ice,. i I 16 I 1 2 ( 14 ' __� 13 l I V L. • � � 15� • �� K ` Y a I ! � ` I <// � � i f l _ p .X NNE �X bmleYaioro � TH 101 IMPROVEMENTS ANN- � � T , a lb 01 IMPROVEMENTS a �