Loading...
2f Easement Agreement 1200 Lyman Blvd CITY OF ~ CHAHHASSEH 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager Charles Fo1ch, DireclorofPublic Works 4-- January 6, 1998 FROM: DATE: SUBJ: Approve Easement Agreement with Brent and Kathleen Miller (1200 Lyman Boulevard) - Project No. 93-29 Attached is a letter from the city attorney's office dated December 17, 1997 regarding an amicable resolution to one of the few permanent easements associated with the Powers Boulevard Improvements Project No. 93-29. The sediment calculation is listed in the attorney's memo. At this time, the project is substantially complete and therefore, no further disturbance to the property is anticipated as associated with the project Therefore, staff would concur with the city attorney's recommendation to approve the permanent and temporary easement compensation including tree loss replacement value in the amount totaling $4,145.00 to the property owners, Brent and Kathleen Miller of 1200 Lyman Boulevard, PID No. 25-3530080, Project No. 93-29. Jrns Attachment: Letter from City Attorney dated December 17, 1997. c: Anita Benson, City Engineer Tom Scott, Campbell Knutson Professional Association \'<:fsl\vol2'eng'{lublic\93-29'miIlcr eascrnenl.cc.dac CAMPBELL KNUTSON Professional Association Attorneys;1t Law Thomas J. Campbell Rnger N. Krtt.ltsotl Thomas M. &01'1' Ell i\ 1tt B. Knc:tsch Suesan Lea Pace . (612) 452~5000 Fax (612) 452~5550 December 17, 1997 Joel J. Jamnik Andrea .McDowell Poehler Matthew K. Brokt* John F. Kdly Matthew J. Foli Mal'!,'Uerite M.' McCarron George T. Stephenson *"~Ud lil.;",7Ued, in \l'is,unsin Of cuu",,,,: Gary G. Fuchs Mr. Charles Folch City Engineer City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 CITY OF CNAIlIlASSEN fRflmf2flWlf1m DEe 1 9 1997 EIISIIlEE."EPr. Re: City of ChanhassenlC.S.A.H. No. 17 (Powers. Boulevard) Improvement Project 93-29 Dear Charles: Through negotiation with Brent Miller, we have arrived at a mutually agreeable settlement amount for the permanent drainage easement, temporary construction easement and tree loss in the above-entitled improvement project. The settlement amount is calculated as follows: Permanent Easement- 380 sq.ft. X $.50 per sq. ft. (Approx. $21,000 per acre value) $ 190.00 Temporary Easement - 3,250 sq. ft. X $.10 per sq. ft. $ 325.00 Tree Loss (based upon contract price of promised tree replacement which were not planted because slope to steep) TOTAL $3.630.00 ~.145.00 I would appreciate your submitting this settlernent to the City Council for its approval at the next City Council meeting on January 12, 1998. If the settlement is approved, I have enclosed herewith the Easement Agreement and would appreciate your having Mayor Mancino and Don Ashworth sign where indicated and have their signatures notarized. Please prepare a check payable to Brent R. Miller and Kathleen Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 CITY OF * CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager Charles Folch. Director of Public Works ~ January 6, 1998 FROM: DATE: SUBJ: Approve Easement Agreement with Brent and Kathleen Miller (1200 Lyman Boulevard) - Project No. 93-29 Attached is a letter from the city attorney's office dated December I7, 1997 regarding an amicable resolution to one of the few permanent easements associated with the Powers Boulevard Improvements Project No. 93-29. The sediment calculation is listed in the attorney's memo. At this time, the project is substantially complete and therefore, no further disturbance to the property is anticipated as associated with the project. Therefore, staff would concur with the city attorney's recommendation to approve the permanent and temporary easement compensation including tree loss replacement value in the amount totaling $4,145.00 to the property owners, Brent and Kathleen Miller of 1200 Lyman Boulevard, PID No. 25-3530080, Project No. 93-29. jrns Attachment: Letter from City Attorney dated December 17, 1997. c: Anita Benson, City Engineer Tom Scott, Campbell Knutson Professional Association \ 'ds 1 \voI2\eng\public\9 3-29'rn i lief eascmcnl.cc .doc - CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. S.:on Elli,ltt B. Knersch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 December 17, 1997 Joel J. Jamnik AnJre~l McDowell Poehler ~latthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Ge"rge T. Srephenson '" :\hlllk"~n5l!d in \X'i~t.:mhin Of Clnm:sd: Gary G. Fuchs Mr. Charles Folch City Engineer City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 CITY OF CHANHASSEN mm~f?fiWJf2t'U1 DEe 1 9 1997 EN6INEER* DEPT. Re: City of Chanhassen/C.S.A.H. No. 17 (Powers Boulevard) Improvement Project 93-29 Dear Charles: Through negotiation with Brent Miller, we have arrived at a mutually agreeable settlement amount for the permanent drainage easement, temporary construction easement and tree loss in the above-entitled improvement project. The settlement amount is calculated as follows: Permanent Easement - 380 sq. ft. X $.50 per sq. ft. (Approx. $21,000 per acre value) $ 190.00 Temporary Easement - 3,250 sq. ft. X $.10 per sq. ft. $ 325.00 Tree Loss (based upon contract price of promised tree replacement which were not planted because slope to steep) $3,630.00 TOTAL $4,145.00 I would appreciate your submitting this settlement to the City Council for its approval at the next City Council meeting on January 12, 1998. If the settlement is approved, I have enclosed herewith the Easement Agreement and would appreciate your having Mayor Mancino and Don Ashworth sign where indicated and have their signatures notarized. Please prepare a check payable to Brent R. Miller and Kathleen Suite 317 · bgandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Mr. Charles Folch December 17, 1997 Page 2 A. Miller and forward the check and Easement Agreement directly to me. As soon as I receive the City's check and signed Easement Agreement from you, I will forward the check and Easement Agreement to the Millers requesting that the Millers execute the Easement Agreement and return it to me for recording with the County. If you have any questions or need further information, please give me a call. Best regards, CAMPBELL KNUTSON Professional Association ~ ~y:-- '-- . Tho as M - Scott ~'1j TMS: cjh Enclosure .', .. . ~-~ '~ll~"'. -. \~, ,~~ cc: Mr. Brent Miller (Reserved for Recording Data) EASEMENT AGREEMENT TillS AGREEMENT made this day of ,199_, by and between BRENT RICHARD MILLER and KATHLEEN ANN MILLER, husband and wife, hereinafter referred to as "Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City"). WITNESSETH: PERMANENT EASEMENT The Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the CITY OF CHANHASSEN, its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A". 56731 IN CL UD IN G the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility system over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility system. The above named Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent easement premises and that they have the sole right to grant and convey the easements to the City. Grantors, for themselves, their successors, heirs and assigns, additionally release the City of Chanhassen, its successors and assigns from any and all claims for damages or compensation of any nature relating to activities undertaken by the City and its authorized agents in connection with the Powers Boulevard (C.S.A.H. No. 17) Project pursuant to the Waiver of Trespass/Right of Entry granted to the City by Grantors, dated April 17, 1996. 56731 -2- IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTORS: Brent Richard Miller Kathleen Ann Miller CITY OF CHANHASSEN BY: Nancy K. Mancino, Mayor (SEAL) AND Don Ashworth, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,199 ,by Brent Richard Miller and Kathleen Ann Miller, husband and wife. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,199 ,by Nancy K. Mancino and by Don Ashworth, respectively the 56731 -3- Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 56731 -4- EXHIBIT "A" TO EASEMENT AGREEMENT A Permanent Easement for drainage and utility purposes over, under and across that part of Lot 1, Block 2, HILLSIDE OAKS, according to the recorded plat thereof, Carver County, Minnesota; said Easement being 20.00 feet wide, the centerline thereof is described as beginning at a point on the west line of said Lot 1, distant 350.00 feet northerly of the southwest comer thereof; thence Easterly at a right angle to said west line, a distance of 38.00 feet and there terminating. ** The Westerly 10 feet of this area is covered by an existing easement per plat ** 56731 -5-