HomeMy WebLinkAbout5.D.4. Approval of Stipulation of Agreement, Project No. 2006-1
5. D. 'f,
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council CONSEt1T
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Stipulation of Agreement as to
Parcell, 2, 3 and Right-of-Way Plat No. 2 for
17th A venue, Project No. 2006-1
DATE: March 20, 2007
INTRODUCTION:
Attached is a Stipulation Settlement Agreement as to Parcell, 2 and 3 on the Right-of-
Way Plat for the 1 ih Avenue Improvement Project, City Project No. 2006-1.
BACKGROUND:
Right-of-way needed to be obtained in order construct the 17th Avenue improvements,
from Southern Meadows to CSAH 83. The City has reached agreements for Parcel No.
4 and Parcel No.5 and now has reached a tentative agreement for Parcel No.1, 2 and 3
owned by Gene Hauer Farms Limited Partnership. Staff has worked extensively with
Corrine Thomson, of Kennedy & Graven, and the final settlement offer is $374,900.50,
which is $24,900.50 more than the initial offer for the 2.65 acres of property.
The purpose of this agenda item is for City Council to authorize the execution of this
Settlement Agreement and for the City to pay the remaining balance of $24,950.00 to
Gene Hauer Farms Limited Partnership.
ALTERNATIVES:
1. Approve the Stipulation of Settlement as to Parcel No.1, 2 and 3 and authorize
the final payment of $24,900.50 to Gene Hauer Farms Limited Partnership.
2. Do not approve the Stipulation of Settlement as to Parcel No.1, 2 and 3 for 1 ih
Avenue, Project No. 2006-1.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, as per the recommendation of Corrine
Thomson of Kennedy & Graven, which was a joint resolution between our attorney and
Gene Hauer Farms Limited Partnership's attorney.
ACTION REQUESTED:
Approve the Stipulation of Settlement as to Parcel No.1, 2 and 3 and authorize the final
payment of $24,900.50 to Gene Hauer Farms Limited Partnership.
~~
Bruce Loney, P. .
Public Works D ector
BUpmp
ENGR/2006PROJECT/17THA VElWORDIP A YMENT-GENEHAUR
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
City of Shakopee, a Minnesota municipal File No. 70-CV-06-7555
corporation,
Petitioner,
vs.
STIPULATION OF
Gene Hauer Farms Limited Partnership; SETTLEMENT
Amalgamated Land Co., a Minnesota AS TO PARCEL 1, 2 AND 3
corporation; Cimarron Management Group LLC,
a Colorado limited liability company; Central
Bank; John F. Bonner, III; Mark D. Saliterman;
Wells Fargo Bank, National Association; City of
Shakopee; County of Scott; all other parties
unknown having any right, title, or interest in the
subject properties described herein together with
unknown heirs or devisees and spouses, if any,
Respondents.
THIS STIPULATION is made by and among the Petitioner the City of Shakopee ("City")
and Respondent Gene Hauer Farms Limited Partnership ("RespondenC).
WHEREAS, Respondent is the fee owner of the real property located at 2449 Eagle Creek
Blvd., Shakopee, MN 55379, which is identified as Parcell, 2 and 3 in this action and is legally
described in the attached Exhibit A (the "Property"); and
WHEREAS, the City has commenced an action in condemnation to acquire fee simple
absolute title to a portion of the Property for a project known as the 1 ih Avenue Improvement
Project (City Project 2006-01) (the "Project"); and
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WHEREAS, the parties have reached a full and final settlement and compromise concerning
the matters in dispute.
NOW, THEREFORE, the parties stipulate as follows:
1. Stipulated Commissioners' Award. The Respondent agrees that the court
appointed commissioners may enter an award in the amount of $374,900.50 in favor of
Respondent and an award of $0.00 in favor of City of Shakopee and County of Scott.
Respondent acknowledges that it has received reimbursement of its appraisal fees pursuant to
Minn. Stat. ~ 117.036 and that the commissioners' award should not include any additional
award for appraisal fees.
2. Payment of Award. Respondent acknowledges that it has previously received the
amount of $350,000.00, in partial payment of the final settlement. Within 10 days after the
execution of this Stipulation, the City will pay the remaining balance of $24,900.50 to the
Respondent.
3. Full and Final Compromise. The Respondent acknowledges that the payment of
the award as provided in paragraph 2 is in full and final compromise of the damages caused to
Parcell, 2 and 3 as a result of the taking herein, including but not limited to just compensation,
attorneys' fees, and interest.
4. Waiver of Appeal and Claims. Both parties waive the right to appeal from the
final award of commissioners entered pursuant to this stipulation. Respondent waives and
releases all other claims that it might have made in this action, including without limitation,
claims for additional just compensation, interest, attorney's fees or additional reimbursement of
appraisal fees.
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5. Final Certificate and Discharge of Lis Pendens. After expiration of the time to
appeal from the award of commissioners, the City agrees to promptly file and record its final
certificate and a discharge of the notice of lis pendens against the Property.
Dated: ,2007. KENNEDY & GRAVEN, CHARTERED
By:
Corrine H. Thomson (#149743)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
Dated: ,2007. JASPERS, MORIARTY & W ALBURG
By:
Lee Vickerman, (# )
206 South Scott Street
Shakopee, MN 55379
(952) 445-2817
ATTORNEYS FOR RESPONDENT
GENE HAUER FARMS LIMITED PARTNERSHIP
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EXHIBIT A
Parcels 1. 2 and 3: (p.I.D. No. 270470290,270470300, and 270470310) (Abstract Property)
Pro?erty Address: Unassigned Shakopee, MN 55379.
Legal Description ofSubiect Property:
Outlots A, B and C, Killamey Hills, according to the plat thereof on file or of record
in the office of the County Recorder in and for Scott County, Minnesota.
Description of Takin2:
1. Fee simple absolute title to that part of the above-described Property identified as Parcel
Nos. 1, 2, and 3, as shown on City of Shakopee Road Right of Way Plat No.3, according to the plat
thereof on file in the office of the County Recorder in and for Scott County, Minnesota.
Said taking is subject to existing easements.
Names and Description of Interests to be Acquired
Name Nature of Interest
GooeH~~FarmsLimrtooPartnernhip Fee owner
City of Shakopee Special assessments
Scott County, Minnesota Real estate taxes
All other parties unknown, together with Any right, title or interest in the Subject Property
unknown heirs or devisees and spouses, if any
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention herein to encumber all interests owned by the named respondents in the above-
described real estate.
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