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1b. Settlement agreement with MNdot on Burdick property 1 I 6 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. .Attornc} • at Lavv Th, ni I l iin l ll (6121452-5,W R"-Ni A knuN n Thin i . \1 ' t„ % G FuL11, December 2, 1992 1,un� R Acbcn by City Administratot NIki 1,k !: n i, 1 Mop; Mr. Don Ashworth /.1-_ 9L City of Chanhassen het S t: ; Chanhassen City Hall 690 Coulter Drive Date s_Q t Counc 1 P.O. Box #147 Chanhassen, MN 55317 Re: State of Minnesota /MNDOT v. Carlson, et al. Dear Don: 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 1 former "Burdick" property on the northwest corner of Market Boulevard and Highway 5, the current location of a city holding pond. MNDOT's appraisal for compensation was $98,300.00. As you know, we attempted to negotiate that number as high as we could and have managed to get them to increase the offer to 1 $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; 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; 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 ;17 • kJL!,in.l,i1( Otti e Llntl'r • :01 ltc L entl'r (.ur\ • L,1�',I11 IN 5 121 1 1 • Mr. Don Ashworth December 2, 1992 Page 2 For all of the above reasons, we recommend that the City Y 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 1 Highway 5 right-of-way map. If you have any questions or require additional information, please feel free to contact me. Very truly yours, CAMPBELL, SON, SCOTT & FUCHS, /P.A. ,.O 1 By: Ga G. 1'Fuc - GGF:kjh Enclosure 1 1 1 1 1 1 1 1 1 1 1