2f 2006 Street Imp. Nye Land Purchase
CITY OF
CHANHASSEN
7700 Market Boulevard
PO 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
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
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MEMORANDUM
TO:
Cl( 0,
Paul Oehme, City Engineer 'x I
Alyson Fauske, Assistant City EngineerG:-t
1.A' /-
January 9, 2006 ~ y
FROM:
DATE:
SUBJ:
2006 Street Improvement: Consider Land Purchase Agreement for
Storm Pond Improvement - Project No. 06-01
REQUESTED ACTION .
Council is requested to approve the land acquisition agreement between the City
and Ann Nye.
BACKGROUND
On August 22, 2005, staff discussed the proposed scope of the 2006 Street
Improvement Project with Council at a work session.
On September 12, 2005 Council approved a contract with Bolten & Menk, Inc.
for engineering services for the project.
On September 1, 2005, Nagell Appraisal & Consulting submitted a Restricted
Appraisal Report for Ann Nye's property at 1641 - 63rd Street West.
DISCUSSION
The 2006 street reconstruction project includes the installation of storm sewer and
curb and gutter in addition to the replacement of sanitary sewer and watermain.
The installation of storm sewer necessitates the construction of ponds within the
reconstruction project area. Due to the topography of the area, staff has identified
three pond areas for this project:
.
Ann Nvp 1 i141 - i11rd Street
G:\ENG\PUBLIC\06-01 2006 Street Improvements\bkgd Ann Nye land purchase 010906.doc
Paul Oehme
January 9,2006
Page 2
The City's Planning Department provided a sketch showing how the Nye property
could be developed under the current subdivision standards. Based on this sketch,
the easement acquisition would result in a loss of one buildable lot ("Building I")
for the Nye property. The topography for "Building I" is conducive to a walkout,
which would overlook the wetland, therefore, Ms. Nye is requesting $180,000.00
since a "Building 1" would be a highly desirable lot. Funding for the purchase is
proposed 100% from the Stormwater Utility Fund and was budgeted for in the
2005 CIP SWMP-014. The appraisal is available in the Engineering department
for further review.
The City Attorney has reviewed the agreement and find it acceptable.
RECOMMENDA TION
Staff recommends approval of the Ann Nye easement acquisition for
$180,000.00.
Attachments
c: Marcus Thomas, Bolton & Menk, Inc.
GRANT OF PERMANENT EASEMENT
ANN B. NYE, a single person, "Grantor", in consideration of One Hundred Eighty
Thousand and No/100 ($180,000.00) Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, a permanent easement for drainage and utility purposes over,
across, on, under, and through the land situated in the County of Carver, State of Minnesota, as
legally described on the attached Exhibit "N'.
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said drainage and utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain, and excavate the
permanent easement premises, and the further right to remove trees, bushes, undergrowth, and
other obstructions interfering with the location. construction. and maintenance of said public
This instrument was acknowledged hefure me this L/ f" daOU
by Ann B. Nye, a single person.
~fV\:~e~
N ary Public
20 D'-
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premises; that she has the sole right to grant and convey the easement to the City; that there are
no unrecorded interests in the easement premises; and that she will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this 'f-tho day
UU
,200t- .
GRANTOR:
~^",8~
Ann B. Nye .
STATE OF MINNESOTA
COUNTYO~
)
) ss.
)
TillS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNurSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
JEAN ~.t STECKlING
Notary Pl.!:J!ic-Mlnnesota
My Commission Expires Jan 31, 2009
EXlllBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for drainage, utility, and ponding purposes over, under and across that
part of Lot 3, Block 1, LENVILLA ESTATES, according to the recorded plat thereof, Carver
County, Minnesota, described as follows:
Beginning at the southwest comer of said Lot 3; thence northerly along the most westerly
west line of said Lot 3, to the most westerly northwest comer of said Lot 3; thence
easterly along the north line of said Lot 3 to the northwest comer of Lot 1 in said Block
1; thence southerly along the west line of said Lot 1 to the southwest comer of said Lot 1;
thence easterly along the south line of said Lot 1 a distance of 36.00 feet; thence
southerly to a point on the south line of said Lot 3 a distance of 437.00 feet easterly from
said southwest comer of Lot 3; thence westerly along said south line of Lot 3 to the point
of beginning.
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AERIAL MAP
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Capital Improvement Program
City ofChanhassen, MN
2005 thru 2009
Project #
SWMP-014
Project Name Property Acquisition
Trade-In Value
Description I
The City\Vj1l acquire property in accordance with its Comprehensive and Surface Water Management Plans.
Contact
Department . Surface Water Management
Type, Improvement
Useful Life
Category SWMP
Priority n/a
Total Project Cost $700,000
.
Justification I
Properties within the City must be acquired in order to achieve the goals set forth in the Comprehensive and Surface Water Management Plans.
Expenditures
Land Acquisition
2005
300,000
Total 300,000
2006
100,000
100,000
Funding Sources
Surface Water Utility Fund
Total
Operational Impact/Other I
Citywide. 'No map.
2005
300,000
300,000
2006
100,000
100,000
2007
, 100,000
100,000
2008
100,000
100,000
2007
100,000
100,000
2008
100,000
100,000
2009
100,000
100,000
Total
700,000
700,000
2009
100,000
100,000
Total
700,000
700,000