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HomeMy WebLinkAbout5.K. Authorize Payment of Easement for Trunk Sewer Extension from Prior Lake Interceptor to East Plat Line of Riverside Bluffs, Project No. 2006-4 0:0 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Payment of Easement for Trunk Sewer Extension from Prior Lake Interceptor to East Plat Line of Riverside Bluffs, Project No. 2006-4 DATE: February 7, 2006 INTRODUCTION: Attached are copies ofthe Permanent and Temporary construction easements needed for the Trunk Sewer Extension, Project No. 2006-4. This agenda item is to authorize payment of the easements to the property owner. BACKGROUND: The City Council has approved plans and specifications for a Trunk Sanitary Sewer Project, from the Prior Lake Interceptor to the east plat line of Riverside Bluffs. Easements were needed from Terrance Hanson, the property owner of a parcel between Ridge View Farms and Riverside Bluffs. Attached are the easements, payment authorization from Evergreen Land Services Company and W -9 form. The payment for the easements is $66,500.00 and to the property owner, Terrance W. Hanson at 16480 County Road 45, Carver, MN 55315. The feasibility report had estimated easement acquisition cost at $66,500.00. ALTERNATIVES: 1. Approve a motion to authorize payment of easement to Terrance W. Hanson in the amount of$66,500.00. 2. Do not approve a motion on authorizing payment. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1 as this project is out for bids. ACTION REQUESTED: Approve a motion to authorize payment of easement to Terrance W. Hanson in the amount of $66,500.00. b~ Public Works Director BUpmp ENGR/2006PROJECTrrRSEWERPUNTECEPTIWORD/HANSONEASEMENT January 12, 2006 eve rg:t<e en LAN D Bruce Loney SERV1CES Public Works Director COMPANY City of Shakopee Acquisition 129 Holmes Street South Shakopee, MN 55379 Specialists Re: Trunk Sanitary Sewer Line Parcel 1 Dear Bruce, Enclosed please find copies of the Permanent Sewer Easement, and Temporary 4131 Old Sibley Construction Easement. Memorial Highway Subsequent to recording the original documents I will forward the recorded Suite 201 data on to you. MN 55122 Also enclosed is the Payment Authorization Form and a W-9 Form. Please send payment to the address on the Payment Authorization. 651-882-0200 888A 11-1134 If you have any questions, please feel free to call me (651-882-0200). Sincerely, '0 ~ . . EASEl\1ENT TIllS INSTRUMENT is made by TERRANCE W. HANSON,~;), 1tGU.. f''''''-"&J~ GnmtoJi,in favor of the Cit' of Shakopee,Minnesota, a political sub ivision of the Slate 0..... Minnesota, Grantee. Recitals A. Grantors are the fee owners of the following described property in Scott County, Minnesota (THE TRACT): The Southwest Quarter of the Northeast Quarter of Section 14, Township 11 S, Range 22, Scott County, Minnesota, and also the Southeast Quarter of the Northeast Quarter of said Section 14, except the East 591.75 feet thereof., according to the map or plat thereof on file in the office of the County Recorder in and for Scott County, Minnesota B. Grantors desire to grant to the Grantee an easement, according to the terms .and conditions contained herein. Terms of Easement 1. Grant of Easement. For goodahd valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement: See Exhibit "A" 2. Scope of Easement The perpetual right-of-way easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for" the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting,. altering and repairing within the described easement area a sanitary sewer pipe. .....'---.- ~ . The easement granted herein also includes the right to cut, trim, or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its Successors or assigns. 3. Warranty of Title. The Grantors warrant they are the owners of the Tract and have the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental. Matters. The Grantee shall not be responsible tor any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on,'or.which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, his heirs, sUCcessors and assigns. STATE DEED TAX DUE HEREON: NONE Dated tl1is~day of~~ , 200 G: ./"- ' - ~ Temmce W. Hanson STATE OF MINNESOTA ) 4-)88. COUNTY 0 . . ) The foregoing instrument was acknowledged before of '--J~1#~~. , 200~ by Terrance W. Han n, ,; Grantors. ......... .. NOTARY STAMP OR SEAL " BURL S. GRIGSBY, JR. ' THIS INSTRUMENT DRAFTED BY NOTARY PUBLIC-MINNESOTA AND RETURN DOCUMENT TO: ' My ConI\lllUIOR E$es Jan. 81. 20tO Evergreen Land Services 'l\No:1bJ 4131 Old Sibley Memorial Highway Suite 20 I Eagan, MN 55122 651-882-0200 . . EXHIBIT" A" A strip of land 20.00 feet in width over that pmt .of (THE TRACT), the centerline of said strip is described as follows: Commencing at the southwest comer of the Southwest Qumter of the Northeast Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota; thence NOlth 00 degrees 18 minutes 13 seconds East, assumed bearing along the west line of said Southwest Quarter of the Northeast Quarter, 590.47 feet to the point of beginning of said centerline to be hereinafter des~ribed; thence North 89 degrees 33 minutes 39 seconds East 616.21 feet; thence North 76 degrees 14 minutes 07 seconds East 285.19 feet; thence North 78 degrees 54 minutes 01 seconds East 177.83 feet; thence North 86 degrees 29 minutes 22 seconds East 326.61 feet; thence North 89 degrees 40 minutes 10 seconds East 669.51 feet to the east line of (THETRACT) and said centerline there terminating. Said strip of land is to extend by its full width from the west line of (THE TRACT) to the east line of (THE TRACT). And also that part of the west 10.00 feet of (THE TRACT), lying southerly of the southerly line of the above described permanent easement and lying northerly of a line drawn parallel with and distant 242.00 feet southerly of the southerly line of the above described permanent easement. . ...." ..- -,-- -, ~-- , \ \ \ \ , EXHIBIT "A" That part of the following described parcel of land in the City of Shakopee: (THE TRACT) . The Southwest Quarter of the Northeast Quarter of Section 14, Township 115, Range 22, Scott. County, Minnesota, and also the Southeast Quarter of the Northeast Quarter of said Section 14, except the East 591.75 feet thereof. Which lies within the following permanent easements for utility and drainage purposes: A strip of land 20.00 feet in width over that part of (THE TRACT), the centerline of said strip is described as follows: Commencing at the southwest corner of the Southwest Quarter of the Northeast Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota; thence North 00 degrees 18 minutes 13 seconds East, assumed bearing along the west .line of said Southwest Quarter.of the Northeast Quarter, 590.47 feet to the point of beginning of said centerline to be hereinafter described; thence North 89 degrees 33 minutes 39 seconds East 616.21 feet; thence North 76 degrees 14 minutes 07 seconds East 285.19 feet; thence North 78 degrees 54 minutes 01 seconds East 177.83 feet; thence.North 86 degrees 29 minutes 22 seconds East 326.61 feet; thence North 89 degrees 40 minutes 10 seconds East 669.51 feet to the east line of (THE TRACT) and said centerline there terminating. . Said strip of land is to extend by its full width from the west line of (THE TRACT) to the east line of (THE TRACT). And also that part of the west 10.00 feet of (THE TRACT), lying southerly of the southerly line of the above described permanent easement and lying northerly of a line drawn parallel with and distant 242.00 feet southerly of the southerly line of the above described permanent easement. Also which lies within the following temporary. easements for construction purposes: A strip of land 30.00 feet in width over that part of (THE TRACT), the southerly line of which is contiguous with the northerly line of the first.above described permanent easement. Said strip of land is to extend by its full width from the west line of (THE TRACT) to east line of (THE TRACT). And also a strip of land 30.00 feet in width over that part of (THE TRACT), the northerly line of which is contiguous with the southerly line of the first above described permanent easement. I . . , Said strip of land is to extend by its full width from a line drawn parallel with and distant 10.00 feet east of the. west line of (THE TRACT), to the east line of the (THE TRACT). And also that part of the east 30.00 feet of the west 40.00 feet of (THE TRACT), lying southerly of a line drawn parallel with and distant 30.00 feet southerly of the southerly line of the first above described permanent easement and lying northerly of a line drawn parallel with and distant 242.00 feet southerly of the southerly line of the first above described permanent easement. And also that part of the west 40.00 feet of the tract lying southerly of the southerly line of the last above described temporary easement, and its westerly extension, and lying northerly of a line drawn parallel with and distant 20.00 feet southerly of said so~therly line of the last above described temporary easement, and its westerly extension. . All of the above described temporary easements to expire November 1, 2006. , . < .<.:," ,;<:1;; ; i. . ,,!,'~ , ';.T,. ..f:lmS~lImMc;EjfiIsr^"ii~GmISl\]MM.J\lti;-q.[[j.~!li~!1l9f'~N~"'"_~~I~{},~~\!W~~~~ :. '!!\r.!ll~~ ,.,'.: .",. ,. ,..,.'..~.~. ", m<lil."i~;$:si~~citYiiDf.~~~':I"~~'~"";'~~~I~~;~~'t'j'''I~~~Itl,!Ji"I~.lr~~~IIIf;..~t!iI.;:i~!I~. '~J!~~r:H'ililf:~ lit,. 1; 'f:f,;:,..1! ;!;''';i!!' . 'i~_~~J~Jfi.li~i~~~_.iJ;idJ!l&~!i1!1!!,m,~1'illlfll~J~;~II~wi Unencumbered Land: = $ 8,457,240 70.447 acres @ $ 120,OOO/acre Land within Utility & Drainage Easement = $ 72,576 1.008 acres @ $ 120,OOO/acre x 60% of fee value Land within Temporary Easement = $ 343,710 3.015 acres @ $ 114,OOOlacre Improvements - no improvements = $ 0 Total (rounded): = I"'... ; ... .~ ; '.. ',. , '1(\ ~. ~.,. ~.,",.. .. ~.,-~ Compensation for Utility & Drainage Easement: = $ 48,384 1.008 acres@$ 120,000 per acre X 40% diminution in value Compensation for Temporary Easement: = $ 18,090 3.015 acres @ $ 120,OOO/acre x 5% rate of return x 1 year Damage to Remaining Property Caused by Acquisition: (none) :: $ 0 Value of Improvements Acquired: (none) :: $ 0 Total Estimated Just Compensation (rounded) :: $ 66,5.00 . . .~ , , WILL> Ml:AI...l\.J1'I I.o'nlU; --........... /." ~.'''.. !!! .. .' t"':" '. ' ~ ~ -~~' :;: ~ ,. \f.. y' I," .. '.' ..".. ::-- \ : ~ ~ t; ~ .. _lIC.US k.~ 1__. 1_"." ~ , .. ... ~ ~ " _________ n .. . ,,- ...;...' ......,'-, ,..~"f"'- - -- - - - - - - --- '-' -1 ~~;;g PROPOSED PERMANENT UTILITY & DRAINAGE ~ .J AREA 43,909 sqft ( ) -:. [:=J PROPOSED TEMPORARY EASEMENT . I' I , .-, AREA 131,345 sqft -f 'J --I C". ,., . .. ",' ,.. ,:.., "'..' 'It -,'- ....,:' I .. f.,' -' , "I I f-~~' I~ \'1' I I 'i";'.- ~ /,1 I I", .... - ; .-,,,/ / ': I I l.! ~.. ~ROAO - lmOliaeaCOOlT ~ ... .~/ ~ ",' .J \ ' "//......-:-- ---- \ \ ./ / I sw COIl \, .',- ~ // Of SW 1/4 Of HE1/4 ';",- ~ E ,.... . SOU1H UNE Of 00/4 ] A-' i - 70'Xe<<aA......-.....3CO CITY OF SHAKOPEE 1-92 10117/2005 IA'~D _lo,.... ...18 REVISED 11/9/2005 ~ _._.... TRUNK SANITARY SEWER EXHIBIT ~ . _.. .... EXHIBIT A _ __""'.......""...."" PRIOR LAKE INTERCEPTOR TO RIVER SIDE BLUFFS :s INFRA5'TRIJCf\II ENGIEEJING J ~:lCCtiSTRUC1IQI ~ . -... . ~ TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS INDENTURE, made this ~i,lday of~~ , 200~by l!I1d between TERRANCE W. HANSON, ~ ~ ~ ' (Grantors); and the City of Shako pee, Scott County, Minnesota, ran~ e). WITNESSETH: WHEREAS, Grantors are the owner in fee simple of the r~al estate hereinafter described. That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which. is hereby acknowledged, Grantors have this day bargained and sold, and by these presents does bargain, sell and transfer unto. the City of Shakopee, its Successors and assigns the following: A Temporary construction. easement, such. right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing a sanitary sewer, and the further light to remove bushes, trees, undergrowth and other obstructions interfering in the location and construction of said sewer. That said temporary easement and right-of-way located in the County of Scott, State of Minnesota, is described as follows, to-wit: See Exhibit "A" TO HAVE AND TO HOLD, said temporary constmction easement and right-of- way unto the City of Shakopee, Scott County, Minnesota, its successors and assigns until November 1, 2006, at which time the easement shall cease. Grantors do hereby covenant with the City of Shakopee, that they are lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. ., . , . ' . GRANTORS: ~ -- ~ --- STATE OF MINNESOTA ) ~SS. COUNTY OF ' ... .) ~ The fO~ instrument was acknowledged before me this . ~~ day of . . 9 ~ ) , 200JJ>Y'fERRANCE W. HANSON, 0~:.b'{f.p~ .. THIS INSTRUMENT WAS DRAFTED BY BURL S. GRIGSBY, JR. AND RETURN DOCUMENT TO: NOTARY PUBLIC-MINNESOTA Evergreen Land Services Company My COI1lRlfS$ion Expna Jan. 3t. 2010 4131 Old Sibley Memodal Highway M Suite #201 Eagan,MN.55122 651-882-0200 ...--.--... ,..""'" '" , . ,--. k EXIDBIT "A" ('mE TRACT) The Southwest Quarter of the Northeast Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota, and also the Southeast Quarter of the Northeast Quarter of said Section 14, except the East 591.75 feet thereof. (Temporary Easements) A strip of land 30.00 feet in width over that part of (THE TRACT), the southerly.line of which is contiguous with the n011herly line of the first above described permanent easement. Said strip ofland is to extend by its full width from the west line of (THE TRACT) to east line of (THE TRACT). And also a strip ofland 30.00 feet in width ovefthat part of (THE TRACT), the northerly line of which is con~iguous with the southerly line of the first above described permanent easement. Said strip oflandis to extend by)ts full width from a line drawn parallel with and distant 10.00 feet east of the west line of (THE TRACT), to the east line of the (THE TRACT). And also that part of the east 30.00 feet of the west 40.00 feet of (THE TRACT), lying southerly of a line drawn parallel with and distant 30.00 feet southerly of the southerly line of the. first above described permanent easement and lying northerly of a line drawn parallel with and distant 242.00 feet southerly of the southerly line of the first above described permanent easement. And also that part of the west 40.00 feet of the tract lying southerly of the southerly line of the last above described temporary easement, and its westerly extension, and lying Ilortherly of a line drawn parallel with and distant 20.00 feet southerly of said southerly HIle of the last above described temporary easement, and its westerly extensioIl. All of the above described temporary easements to expire November 1,2006.