Loading...
F-5 TH 101 Improvements: Approve Stipulation of Settlement for Parcel 4CITY OF CAANHASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 �l I.1111184[917_.•D7.,TI TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Director of Public Works /City Engineer DATE: December 9, 2013 SUBJ: TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4 Project No. 12 -06 PROPOSED MOTION "The City Council approves Right -of -Way Stipulation of Settlement for Parcel #4." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On February 27, 2012, the City Council approved a Right -of -Way Acquisition Agreement with MnDOT. On April 23, 2012, the City Council approved a funding Agreement with MnDOT to pay for the TH 101 right -of -way acquisition. Staff has been working to acquire the right -of -way necessary to construct the TH 101 improvements from Lyman Boulevard to Pioneer Trail. Parcel #4 on the TH 101 acquisition map is owned by David & Mary Blanski. The property owners have accepted the City's negotiated settlement amount of $98,500.00 for the right -of -way. The City has already paid the appraised value of $84,600.00 to the Blanski's in the "quick take" process. The settlement agreement calls for the City to reimburse the Blanski's $1,500.00 in appraisal costs plus $13,900.00 in settlement amount for a total settlement amount of $15,400.00. The City attorney feels this is the best settlement agreement the City could get based on the settlement negotiated. If the City does not settle at this time and takes the process through condemnation proceedings, the City would likely pay more and incur attorney's fees. The City Attorney has drafted the settlement document and is ready for signatures. State funds are paying for right -of -way costs for the project. Attachment: Stipulation of Settlement Web Site Acquisition Map www.ci.chanhassen.mn.us c: Tom Scott, Campbell Knutson PA g: \eng\ settime bli\2pr °` n%r�1��� 5a iRee 0913 th tot btanski stip of 9�P,9;�0Mmiy erovo%� now STATE OF MINNESOTA COUN'T'Y OF CARVER City of Chanhassen, a Minnesota municipal corporation, Petitioner• vs. James D. Wilson and,lennifer J. Wilson, husband and wife; Margaret Ann Wilson; )`-lark 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; U.S. Bank National Association ND; David Raymond Blanski and Mary Bernice Blanski, husband and wife: Timothy A. Erhart and Dawne M. Erhart, DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. 10 -CV -12 -1217 STIPULATION OF SETTLEMENT AS TO PARCEL 4BLANSKI husband and wife: Timothv J, Lowe and Cynthia Lowe; husbsurd raid wife; fortgage 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 Bturk, a Minnesota banking corporation; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for CitiMortgage, lnc.; Paul J. Lokkesmoe and Chervl L. Robinson, husband and wife; U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Corp. 2006 -FRE2, Asset Backed Pass- Through Certificates, Series 2006 -FRE2: Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for JPMorsgan Chase Bank NA; Douglas J. Duebon and Rebecca A. Duehon, 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. Devoe and Cynthia L. Devoy, husband and wife; Robert Boecker and 173s83vt Christin E. Boecker, husband and wife: Residential Credit Solutions, Inc., a Delaware corporation; John Doe and hoary Roe and County of Carver, Respondents. The Petitioner City of Chanhassen above named, by and through its undersigned counsel and Respondents David Raymond Blanski and Mary Bernice Blanski. by and through their undersigned counsel, pursuant to Minnesota Statutes Section 117.185, hereby stipulate that they have negotiated a settlement for the acquisition of fee title and temporary construction easements as set forth in the attached Final Certificate. The City will pay a total amount of $98,500.00 to Respondents David Raymond Blanski and Mary Bernice Blanski in settlement of any and all claims relating to the acquisition by Petitioner of fee title and temporary construction easements involved in these proceedings, including reimbursement for interest, attorney's fees, right of first refusal pursuant to Minn. Stat. §1I7.126, costs and disburserrrents. The City will also reimburse Respondents $1,500.00 for appraisal costs as required by Minn. Stat. § 1 17.036. 2. Pursuant to the "quick take" condemnation process, on or about January 4, 2011 Petitioner tendered to Respondent Blanskis' attorney, Harry A. Frankman the sum of $84,600.00, the Petitioners approved appraised valued for the property= identified as Parcel 4 in the Amended Petition. Within ten (10) days of the City's approval of the settlement, the City will issue a check in the amount of $15,400.00 payable to the "Frankman Law Offices Trust Account" which shall constitute full payment of the settlement amount. Said check shall be mailed to Harry A. Frankrnan, Frankman Law Offices, 2000 U.S. Bank Plaza, 220 South Sixth Street, Minneapolis, 173?83 v 1 2 Minnesota 55402, 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 he concluded. 5. This Stipulation of Settlement contains all the terms and conditions of the parties' agreement. 2013 I Date: i— C 201= Dated: ��" -? 7 , 2013 Dated: ~d 12013 I73583vI CAMPBELL KNUTSON Professional Association Thomas nil. Scott. 498498 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651 - 452 -5000 Attorneys for Petitioner FRANKMAN LAW OFFICES By: Harry Franlnnan, # p ! of SS Leland J. Frankman Law Offices 2000 U.S. Bank Plaza 220 South Sixth Street Minneapolis, Minnesota 55402 i� (Mary' Mary Bernic 0 3lanski ski EXHIBIT A TO STIPULATION OF SETTLEMENT STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen, a Minnesota municipal corporation. Petitioner, VS. James D. Nilson and ,letntifer,f. Wilson, husband and wife: Margaret Ann Wilson; Mark A. Van Hocf and Carotin Van Hoef husband and wife; K1einBank. a Minnesota baidcing corporation; Paul D. Paulson and Carol L. Paulson, husband and wife: U.S. Bank National Association ND; 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.: Paul J. Lokkesmoe and Cheryl L. Robinson, husband and wife; U.S. Bank National Association. as Trustee for J.P. Morgan Mortgage Acquisition Corp. 2006 -FRE2, Asset Backed Pass - Through Certificates, Series 2006 -FRE2; Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for JPMorgan Chase Bank NA; Douglas J. Duchon and Rebecca A. Duchon, husband and wife; Margaretten and Company. Inc.; Roselee W. Wondra nssssvi DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. IO -CV -12 -1217 FINAL CERTIFICATE AS TO PARCEL 4/BLANSKI 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 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 Cormty of Carver, Respondents. IN THE MATTER OF THE CONDENINATION OF CERTAIN LAND FOR PUBLIC PURPOSES FINAL CER`T'IFICATE AS TO PARCEL 4 /13LANSKT By authority of Minnesota Statutes Section 117,201, 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 David Raymond. Bianski and Mary Bernice Blanski 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 4 (Blanski) in the above matter, are now complete and that the City of Chanhassen now holds fee title and temporeu'y construction easements in the lands situated in the County of 1735s3v1 Carver, State of Minnesota and le-gally described on Exhibit A attached hereto and made a part hereof by reference. Dated: 2013. CANIPBELL KNUTSON Professional Association ma Thomas M. Scott. 498498 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, N MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE- DESCRIBED REAI. PROPERTY. IF :ANY. Dated: .2013. BY THE COURT: Judge of District Court THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Ntinnesota 55121 TMS:cjh 1735S3vvl 7 EXHIBIT A TO FINAL CERTIFICATE PARCEL 4 — David R. Blansld and Mary B. Blanski FEE TITLE ACQUISITION: That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter of Section 24. Township 116 North, Range 23 West, Carver County Minnesota, hying westerly of the westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -19, 10 -46, and 10 -47* according to the recorded plats thereof, Carver County, Minnesota, and easterly of the following described line: Commencing at the intersection of the south line of said north 762.38 feet and said westerly right of way line; thence North 89 degrees 52 minutes 50 seconds West, assumed bearing, along said south line 16.24 feet to the point of beginning of the line to be described; thence northerly 36035 feet along a non tangential curve, concave to the east, central angle 23 degrees 10 minutes 21 seconds, radius 891.00 feet, chord bearing North 02 de, *Tees 00 minutes 26 seconds East; thence North 09 degrees 34 nninutes 44 seconds East, along ttuigent 1540.36 feet; thence northeasterly 18.66 feet along a tangential curve. concave to the vest, central angle 00 degrees 34 minutes 57 seconds, radius 1835.00 feet, chord bearing North 09 degrees 17 minutes 16 seconds East to the north line of said south 732.28 feet of the north 762.28 feet and said line there terminating. This tract contains 0.85 acres of land more or less. AND A temporary construction easement over umder and across that part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, Carver Comity Minnesota, described as follows: Commencing at the intersection of the south line of said north 762.38 feet and the westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT' NO. 10-19.10-46, and 10 -47* according to the recorded plats thereof, Carver County, Minnesota; thence North 89 degrees 52 minutes 50 seconds West, assumed bearing, along the south line of said North 762.38 feet, a distance oi' 16 24 feet to tine point of beginning of the easement to be described; thence continuing North 89 degrees 52 minutes 50 seconds West, along said south line 10.29 feet, thence North 18 degrees 06 minutes 20 seconds West 207.86 feet; thence northerly 76.06 feet along a non tangential curve, concave to the east, central angle 04 degrees 37 minutes 52 seconds, radius 94L00 feet, chord bearing North 01 degrees 35 minutes 43 seconds East; thence North 21 degrees 57 minutes 38 seconds 173583v1 East, not tangent, 211.73 feet; thence South 09 degrees 34 minutes 44 seconds West 1135.86 feet; thence southerly 360.35 feet along a tangential curve, concave to the east, central angle 23 degrees 10 minutes 21 seconds, radius 891.00 feet to the point of beginning. Together with a temporary easement for constriction purposes over, tinder, and across the first above described property. said temporary easement being described as follows: Commencing at the intersection of the north line of the South 732.28 feet of fine North 762.28 Peet of said Southwest Quarter of the Southwest Quarter and the westerly right of way line of said Trunk Highway No. 101; thence North 89 degrees 52 minutes 40 seconds West, assumed bearing, along the north line of said South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter 41.14 feet to the point of beginning of the easement to be described; thence continuing North 89 degrees 52 minutes 40 seconds West, along said north line 85.57 feet; thence South 00 degrees 07 minutes 10 seconds West 30.00 feet; thence South 89 degrees 52 minutes 40 seconds East 55.67 feet: thence South 40 degrees 09 minutes 03 seconds East 32.332 feet; thence North 09 degrees 34 minutes 44 seconds East 36.73 feet; thence northerly 18.66 feet along a tangential curve, concave to the west, central angle 00 degrees 34 minutes 57 seconds, radius 1835.00 feet to the point of beginning. Said temporary easements commence May 1. 2013 and expire December 31, 2014. (Abstract Proper t)y) ns_83vl ITH 101 IMPROVEMENTS. Right of Way Impacts � I 19 1 — — — 13 I 11 i I 621 13: K / r _ r.Wa I `5 CS '' /2o i BANDIMERE PARK dam, i 'G 3 v w n _ E: R av Pw oa�'e >.,..,.4. CD 19 1 — — — 13 I 11 i I 621 13: K / r _ r.Wa I `5 CS '' /2o i BANDIMERE PARK dam, i 'G 3 v w n _ E: R av Pw oa�'e >.,..,.4.