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HomeMy WebLinkAbout4.C.2. Authorize Payment for Easements Associated with the Vierling Drive/CSAH 17 & TH 169 North Ramp Intersection Imprpovement Project No. 2012-6 Consent Business 4. C. 2. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director DATE: 06/18/2013 SUBJECT: Authorize Payment for Easements Associated with the Vierling Drive /CSAH 17 & TH 169 North Ramp Intersection Improvement, Project No. 2012 -6 (D,E) Action Sought Authorize settlement payment for easements in the amount of $17,200 and $6,850 to Render /Banks Limited Partnership associated with the Vierling Drive /CSAH 17 & TH 169 north ramp intersection improvement project. Background On February 5, 2013, City Council adopted Resolution No. 7216 authorizing the acquisition of certain property on the above referenced project. City Council also authorized WSB & Associates to act as the right of way agent in the acquiring the easements. Attached are the payment requests, temporary easement descriptions, and administrative settlement request for two easements from Render /Banks Limited Partnership. The easements were negotiated to be $17,200 and $6,800, respectively. Recommendation The recommendation from the consultant and staff is to approve payments for the easements as negotiated. Budget Impact Cost of each of the acquisition is a project cost and per County Cooperative Agreement will be split 50/50 with the County. City cost will come from the Capital Improvement Fund. Relationship to Vision This supports goal D, maintain, improve and create strong partnerships with other public and private sector entities & E, deliver effective and efficient public services by a staff of well - trained, caring, and professional employees. Requested Action Authorize the payment of easements in the costs of $17,200 and $6,850 to Render/Banks Limited Partnership Attachments: PAYMENT REQUEST PARCEL 1 PAYMENT REQUEST PARCEL 2 PARCEL 1 LOCATION MAP PARCEL 2 LOCATION MAP WSB & Associates, Engineering • Planning • Environmental • Construction 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488 Date: May 21, 2013 To: Bruce Loney Director of Public Works City of Shakopee From: Sonya Henning Right of Way Group Manager WSB & Associates, Inc. Re: PAYMENT REQUEST Intersection Improvements on County Road 17 at Vierling Drive WSB Project number: 1811 -29 Parcel No: 1 PIN: 27 -323 -001 -0 Property Address: 1522 Vierling Drive East (Kwik Trip) Make Check Payable to: Render/Banks Limited Partnership Mail to: c/o James Render 5120 Edina Industrial Blvd. Edina, MN 55439 Payment Amount: $17,200 EIN: Provided on attached W -9 Lender consent: N/A Notes and Enclosed Documents: Easement. Document, copy of signed administrative settlement & W -9 SETTLEMENT SUMMARY Temporary Construction Easement: 5,236 sq. ft. _....._.._ _— — _ _� $ 10,500 Other Damages (Irrigation): $ 6,700 TOTAL (rounded to): _ $ 17,200 Minneapolis • St. Paul • St. Cloud Equal Opportunity Employer TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by Render/Banks Limited Partnership, a Minnesota Limited Partnership, Grantor, in favor of the city of Shakopee, a Minnesota municipal corporation, Grantee. Grantor is the fee owner of the property (the "Property ") legally described as follows: Tract A, Registered Land Survey No. 176, Files of Registrar of Titles, County of Scott, State of Minnesota. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and. conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said easement area at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut, trim, or remove therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. The temporary easement is over, under and across that part of the Property described as follows: Beginning at the southwest corner of said Tract A; thence easterly along the south line of said Tract A, to the intersection of a line 20.00 feet easterly of (as measured at a right angle) and parallel with the west line of said Tract A; thence northerly along said parallel line a distance of 90.00 feet; thence westerly at a right angle, a distance of 3.00 feet; thence northerly at a right angle, a distance of 25.00 feet; thence easterly at a right angle, a distance of 3.00 feet; thence northerly at a right angle 98.40 feet; thence westerly at a right angle 4.00 feet; thence northerly at a right angle to the north line of said Tract A; thence westerly along said north line, to the northwest comer of said Tract A; thence southerly along said west line of Tract A to the point of beginning. EXCEPT that part within the north 10.00 feet (as measured at a right angle) of said Tract A. Said temporary easement expires on September 30, 2015. 418663v 1 NICE SH 155 -127 1 STATE DEED TAX DUE HEREON: NONE Dated this / day of RO ,2013, Render/Banks Limited Partnership its er STATE OF MINNESOTA ) ) SS. COUNTY OF & ) The foregoing instrument was ac Towle ged before me this ION day of , 2013, by \J( the Partner of Render anks Limited Partnership, a Minnesota Limited Partnership on behalf of the Partnership, grantor. • .-tV4 CHRISTINA NORRANDER ■4 / Ai NOTARY PUBLIC • MINNESOTA • Ub 1C NO • G� /V�� ci 4E4k01+ 31, 2017 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (JYI') (612) 337 -9300 418663v1 NICE SI-1155 -127 2 WSB d..ncLnr.; Jni Engineering • Planning • Environmental • Construction 477 Temperance Street St. Paul, MN 55101 Tel: 651- 286 -8450 Fax: 651.288.8488 ADMINISTRATIVE SETTLEMENT REQUEST Date: May 2, 2013 To: Bruce Loney City of Shakopee From: Sonya A. Henning SUBJECT: Request for Settlement S.P. 166- 020 -014 C.P. 17 -30 Parcel No. 1 Fee Owner: Render /Banks Limited Partnership 1 have been in negotiations with Jim Render, owner of parcel 1. He has agreed to settle for the amount of $17,200. This is an increase from the orignal offer of $15,200. The increased amount is based on $2,000 addtional compensation for the landscaping and sprinklers being impacted. He has agreed to all other aspects of' the orignal appraisal, A settlement in the amount of $17,200 is recommended. This is an increase of $2,000 from the initial offer. This settlement is fair to both the City of Shakopee and the owners and would avoid the additional costs of continued negotiations and condemnation proceedings. Negotiated Settlement Amount: $17,200 Certified Offer amount: $15,200 Administrative Adjustment: $2,000 This settlement has been approved by: On May 2, 2013 Minneapolis • St. Paul • St. Cloud Equal Opportunity Employer WSB g 1 .ro Engineering • Planning • Environmental • Construction 477 Temperance Street Asiates. hie St. Paul, MN 55101 Tel: 651 - 286 -8450 Fax: 651- 286 -8488 Date: May 21, 2013 To: Bruce Loney Director of Public Works City of Shakopee From: Sonya Henning Right of Way Group Manager WSB & Associates, Inc. Re: PAYMENT REQUEST Intersection Improvements on County Road 17 at Vierling Drive WSB Project number: 1811 -29 Parcel No: 2 PIN: 27- 323 -002 -0 Property Address: 1534 Vierling Drive East (Arby's) Make Check Payable to: Render /Banks Limited Partnership Mail to: c/o Jaynes Render 5120 Edina Industrial Blvd. Edina, MN 55439 Payment Amount: $6,850 EIN: Provided on attached W -9 Lender consent: N/A Notes and Enclosed Documents: Easement Document, copy of signed administrative settlement & W -9 SETTLEMENT SUMMARY Temporary Construction Easement: 1,421 sq. ft. _....__ = — $ 2,800 Other Damages (Irrigation & shrubs): _ $ 4,050 TOTAL (rounded to): _ $ 6,850 Minneapolis • St. Paul ■ St. Cloud Equal Opportunity Employer TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by Render/Banks Limited Partnership, a Minnesota Limited Partnership, Grantor, in favor of the city of Shakopee, a Minnesota municipal corporation, Grantee. Grantor is the fee owner of the property (the "Property") legally described as follows: Tract B, Registered Land Survey No. 176, Files of Registrar of Titles, County of Scott, State of Minnesota. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said easement area at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut, trim, or remove therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. The temporary easement is over, under and across the west 10.00 feet (as measured at a right angle) of the Property. Said temporary easement expires on September 30, 2015. STATE DEED TAX DUE HEREON: NONE Dated this f day of My , 2013. Render /Banks Limited Partnership Its ' • er 418661v1 NKE SH I55 -257 1 STATE OF MINNESOTA ) ��� ) SS. COUNTY OF ) The foregoing instrumqnt was acknoviledged before me this ) (eh day of , 2013, by J4 f14 s R am , the Partner of Render/B ks Limited Partnership, a Minnesota Limited Partnership on behalf of the Partnership, grantor. CHRISTINA NORRANDER P, � t i if NOTARY PUBLIC - MINNESOTA „ ` • • Public ■ 31,2011;% THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (JJT) (612) 337 -9300 418661v1 NKI3SHISS -257 2 , W B En gineering r Pla • ■ Environmental • •Construction 477 Temperance Street i ,.,,,, „,r,,, r ,, St. Paul, MN 55101 Tel: 651.286 -8450 Fax: 651 - 286.8488 ADMINISTRATIVE SETTLEMENT REQUEST Date: May 2, 2013 To: Bruce Loney City of Shakopee From: Sonya A. Henning SUBJECT: Request for Settlement S.P. 166-020-014 . C.P. 17 -30 Parcel No. 2 Fee Owner: Render /Banks Limited Partnership 1 have been in negotiations with Jinn Render, owner of parcel 2. He has agreed to settle for the amount of $6,850. This is an increase from the orignal offer of $4,850. The increased amount is based on $2,000 addtional compensation for the landscaping and sprinklers being impacted. He has agreed to all other aspects of the orignal appraisal. A settlement in the amount of $6,850 is recommended. This is an increase of $2,000 from the initial offer. This settlement is fair to both the City of Shakopee and the owners and would avoid the additional costs of continued negotiations and condemnation proceedings. Negotiated Settlement Amount: $6,850 Certified Offer amount: $4 Administrative Adjustment: $2,000 This settlement has been approved hy: On May 2, 201 Minneapolis • St. Paul • St. Cloud Equal Opportunity Employer So Po 166 - 020 -014 Co Pa 17-30 1425 I P CSAH 17 • t - — — - 1,„r- • S ik , L AD O .'''' -Li 1 : To I No 0 L o j I ' N L t 1 (%) Cal V t0 ; d' Q N <'+ Q J = Y ..r till o f I ' KWIK TRIP /JI TUBE 1 1522 VIERLING DR. E. a i v 1 i N s " R PRIVATE — 1 4 . Ex. GAS EASEI�NT [. I, oat ,,,,,,,,,, a rs '�` EXISTING R/ 0 cn o SCALE IN FEET PROD PARCEL OWNE - 1 Render Development, Inc. C�L EASE IM ID GROSS EXIST• PARCEL PROPOSED REWINING PROP.TErP, ppm TEMP. TEMP. PARCEL R/W AREA NEB R IS. F,I PARCEL EASE OVER EASE AREA IS.F,) BEFORE AREA Ex. nu tS. IS.F.I t5.F.I IS.F.I EXISTING Diu/TRAIL EASE. 100. 0 100,222 0 100,222 2,888 2.348 EXISTING DiU EASE. Y CSA 1 7 P RO P ER T Y EX H IBIT BOLTON & N 1 NK. 1 N C. SHAKOPEE, MI NNESOTA CONS ENGNEERS & SURVEYORS MAIg AIM LABB/pNT, 4N SLEEPY EYE. NN BtiBtSVLLE. W FOR: CI TY OF SHAKOPEE, MINNESOTA *aAXTLR.t«CHASSA . uMwtsEY.S.ASPLExooB.w t BAXTER. MN RtIpESTER AI AYES. iA SPENCER u S o P o 166- 020 -014 , C o P D 17 -30 1125 NB CSAH IT ax 0z d • , v C O U L O a L a v a ti i T ♦. a.i P ' } �' b y 1 2 1 tilk ARBY'S 1534 VIERLING DR. E. L ti a* M M it O N N Vii - i E o o. } L# 8 - Was Q o SCALE IN FEET 60 PROJ PARCEL OWNER EXISTING R/W -- -- - 2 Rentler Development, Inc. CONSTRUCTION LIMITS n GROSS EXIST. PARCEL PROPOSED REWIRING PROP,TEP. PROP.TEtP. TEMP. EASE. PARCEL R/W AREA NEW R/1 (S.F.) PARCEL EASE, OVER EASE.(S.i,) AREA tS.F.) BEFORE AREA EX. DW (S.F.) tS.F.) tS.F.) tS.F.) EASE EXISTING - 51.822 0 51,822 0 51,822 1,421 0 EXISTING DW EASE. CSAH 1 7 PROPERTY EXHIBIT ^ BOLTON $ NA NJI INC. SHAKOPEE, MINNESOTA / IJ CONSULTING ENGINEERS & S1J VEYORS c MANUT0. AR f4 it{IONT . l SLEEPY EYE. W It VILE. W F FOR: CITY OF SHAKOPEE, MINNESOTA exw "TEnw`'sr�"ER"w:i"s°juRSPEEwEti