1h. Settlement Agreement - Lyman Blvd/Lake Riley Improvement Project
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
(612) 452,5000
Fax (612) 452,5550
February 25, 1997
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
., Also licensed in Wisconsin
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
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Re:
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City of Chanhassen vs. Adelmann, et al.
- Lyman Boulevard/Lake Riley Improvement Project
(Gary A. Skalberg and Nina M. Skalberg)
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Dear Don:
As you know from several recent settlements in the above-referenced
proceeding, we are attempting to conclude the partial easement acquisitions that were
part of the project. I have another recommended settlement for the City Council to
consider.
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One of the lots affected by the Lyman Boulevard project is owned by Gary and
Nina Skalberg. Their property is located at 510 Lyman Boulevard. The property is
approximately .76 acres in size and the City's appraiser valued the property, before
the easement, at $52,000.00 or $1.57 per square foot.
The easement area taken by t.lte project is between 389 square feet and 1,670
square feet depending upon how far into the Skalberg property the pre-existing
prescriptive road easement extended. Lyman Boulevard had existed by prescription
and had no defined legal easement location.
Our appraiser determined the minimum compensation to be paid at $600.00
(389 square feet x $1.57 per square foot). The Court appointed Commissioners could
determine the easement area to be 1,670 square feet and at $1.57 per square foot the
compensation would be $2,621.90.
I have discussed the matter with the Skalbergs and they are willing to agree to a
total compensation of $1,100.00. I highly recommend to the Council that the matter
be settled by payment to the Skalbergs of $1,100.00. My recommendation is based on
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the fact that the minimum compensation would be $600.00, the Skalbergs would be
entitled to reimbursement for an appraisal (if they decided to have one done) of
$500.00 and additional attorney's fees and commissioners' fees would be incurred if
the matter were not resolved. I believe it in the City's best interest to resolve the
compensation by payment to the Skalbergs of $1,100.00.
You will recall that we have paid $600.00 of that amount to the Carver County
District Court as part of the quick take payment last June. Settlement of this matter
would require disbursement of an additional $500.00.
Please have the matter considered by the City Council at its next available
meeting. If approved, please contact me so that I can arrange for signature of the
Stipulation of Settlement and disbursement of the funds to the Skalbergs.
As always, if you or any member of the Council has any questions about the
recommendation or information provided herein, please feel free to call me.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P .A.
By:
GGF:cjh
cc: Mr. Charles Folch