HomeMy WebLinkAbout15.A.2. Authorize Payment for Easement, Project No. 2003-3-Shakopee Village
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CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council T
lti
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Payment for an Easement on the
2003 Reconstruction Project No. 2003-3
DATE: January 20,2004
INTRODUCTION:
Attached to this memo is a letter from Evergreen Land Service Company in regard to the
easement and payment for Parcel No.'s 8 and 9, Shakopee Village Home Association, in
conjunction with the 2003 Reconstruction Project. The purpose of this agenda item is for
Council to authorize payment of easements.
BACKGROUND:
In association with the 2003 Reconstruction Project, additional easements are needed for
the widening of Fourth Avenue and building of Sarazin Street with utilities to service the
Shakopee Public Utility building. With this project design, the City did contract with
WSB & Associates, Inc. for the plan preparation and also contracted with Evergreen
Land Service Company to make the necessary appraisals and negotiations for obtaining
the easements. One of these easements has been negotiated by Evergreen Land Service
Company with Shakopee Village Homeowner's Association.
These offers have been accepted in writing by the property owners and easements
executed. Staff recommends Council authorization of payment to these property owners
in the amount listed in the offer letters. Also attached for Council reference and
consideration is the sketch of the easement area, as prepared by WSB & Associates for
easements on these parcels.
ALTERNATIVES:
1. Approve a motion to authorize payment of $11,000.00 to Shakopee Village Home
Association, the owners of Parcel No.8 (P.LD. No. 27-036048-0) and Parcel No.
9 (P .LD, No. 27-036049-0) for easements associated with the 2003
Reconstruction Project No. 2003-3.
2. Deny the easement acquisition.
3. Table this item for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1.
ACTION REQUESTED:
Approve a motion to authorize payment of $11,000,00 to the Shakopee Village
Homeowner's Association, Inc., owners of Parcel No.8 ( P.LD. No. 27-036048-0) and
Parcel No. 9 (P.I.D. No. 27-036049-0) for easements associated with the 2003
Reconstruction Project No. 2003-3.
~y~.
Public Works Director
BUpmp
EASEMENTl/2003RECON
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December 29, 2003
everg~~Den
City of Shakopee SERVICES
Mr. Bruce Loney COMPANY
Public Works Director
129 Holmes Street South Acquisition and
Shakopee, MN 55379 Relocation Specialists
Dear Mr. Loney:
Enclosed please find a copy of the signed permanent easement and an original 4131 Old Sibley
of the signed temporary easement for Parcels 8 & 9, Shakopee Village Home Memorial Highway
Association. I will record the permanent easement and supply you with the SU.ite 201
original upon return from the Scott County Recorders office. I have given copies Eagan, MN 55122
of both documents to all parties involved in the transaction. Should you have
any questions, or would like to discuss the terms please give me a call. 651-882-0200
888-411-1134
Fax: 651-882-6564
Sincerely,
~~.
Matthew S. Storm SR/W A
Principal
Shakopee Village Homes PID #27-036-0480
PID #27-036-0490
TEMPORARY CONSTRUCTION
EASEMENT AND AGREEMENT
THIS INDENTURE, made this ;);}. /YJ day of A &cCfti.&~--,4... , 2003, by
. and between The Shakopee Village Homes Association, a Minnesota Corporation,
(Grantors); and the City of Shako pee, Scott County, Minnesota, (Grantee).
WITNESSETH:
WHEREAS, Grantors are the owner in fee simple of the real estate hereinafter
described:
Lot 1, Block 9, Lot 1, Block 10, Lot 1, Block 16, Patricia's First
Addition according to the plat thereof 011 file and of record in the
office of the register of deeds for Scott County, Minnesota.
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 the public street and utility, and the further right to remove bushes, trees,
undergrowth and other obstructions interfering in the location and construction of said
street and utility.
That said temporary easement and right-of-way located in the County of Scott,
State of Minnesota, is described as follows, to-wit:
The North 5.00 feet ofthe South 12.00 feet of said Lot 1, Block 9, and Lot 1,
Block 10.
TO HA VE AND TO HOLD, said temporary construction easement and right-of-
way unto the City of Shakopee, Scott County, Minnesota, its successors and assigns from
March 1,2004 through December 31,2005, at which time the easement shall cease.
Grantors do hereby covenant with the City of Shakopee, that they are lawfully
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:
BY:~ ~~:~
...../
Its: I ~~:vt:f Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF !JU>rt )
The foregoing instrument was acknowledged before me this ;).;)... JY..l. day of
~cu..,tA~-1E-.t{ , 2003, by I6^'tS~ ~l.L/Nt:> ~t>N and
':J"'{jftN ~ tVll.ftt..P.fft.. the ~Si ~....-
and VtrA:.. P~~t;i'4 ~'\r of The Shakopee Village Homes Association,
a Minnesota Corporation, Grantors.
J1JJ:titrili) ~
Notary Public
~ --..-..,...,~""
THIS INSTRUMENT WAS DRAFTED BY
AND RETURN DOCUMENT TO:
Evergreen Land Services Company
4131 Old Sibley Memorial Highway
Suite #201
Eagan, MN. 55122
651-882-0200
Shakopee Village Homes PID #27-036-0480
PID#27-036-0490
RIGHT OF WAY EASEMENT
THIS INSTRUMENT is made by The Shakopee Village Homes Association, a Minnesota
Corporation, Grantors, in favor of the City of Shakopee, Minnesota, a political subdivision of the
State of Minnesota, Grantee,
Recitals
A. Grantors are the fee owners of the following described property in Scott County, Minnesota
(the "Property"):
Lot 1, Block 9, Lot 1, Block 10, Lot 1, Block 16, Patricia's First Addition
according to the plat thereof on file and of record in the office of the register
of deeds for Scott County, Minnesota.
B, Grantors desire to grant to the Grantee an easement, according to the tenns and conditions
contained herein,
Tenns of Easement
1. Grant of Easement. For good and 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 public roadway, storm
sewer, sanitary sewer, water facilities, and sidewalk, or other public facilities, utilities, or
improvements of any type that are not inconsistent with a public right-of-way use.
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 Property and have the
right, title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for 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. Bindin!! 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 this,.12 day of ~~ ,2003,
By:i9 ~. By: ,J!Tq'
Its: t'A"~~.i Its: ) V/ (if:? PW>-l!:/ui-l!
,
STATE OF MINNESOTA )
) SS.
COUNTY OF 6L.<;';'If )
The foregoing instrument was acknowledged before me this ')?- ~day of 1J~.e~r.3~ ,
2003, by Kt~S~ F..LL1I\JIo 50AJ and :r"O'H-N '1'. i;1A"d '!Y the
~t<,C,SI ~~V- and VIe...;€.. ~6(.i~ ~J of The
.
Shakopee Village Homes Association, a MiImesota Corporation, Grantors.
JMMr~xi.. ~
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY
AND RETURN DOCUMENT TO:
Evergreen Land Services
4131 Old Sibley Memorial Highway
Suite 201
Eagan, MN 55122
651-882-0200
Shakopee Village Homes
PID#27-036-0480
PID #27-036-0490
EXHIBIT "A"
The South 7.00 feet of Lot 1, Block 9, and Lot 1, Block 10, Patricia's First Addition
according to said plat on file and of record in the office of the County Recorder, Scott
County, Minnesota.
Ci of Shako ee
PAYMENT AUTHORIZATION
Parcel# 8&9 PID# 27 -036-0480
27-036-0490
landowner: Shakopee Village Homes Association
Address: Shakopee Village Homes Association
C/O Kingsley Ellingson
329 Shawnee Trail
Shakopee, MN 55379
Social Security/Tax I. D. #23-7237192
Type of Document: Permanent & Temporary Easements
Date Signed: December 22, 2003
Amount of compensation: $11,000.00
~~^^) ~-1 ^ "" 1~/~/03
Agent Dale
13. L ..
OFFER CHANGE
Shakopee Village .Home Assoc. had the offer reviewed by their attorney. They feel the
market value should be adjusted upward slightly. Shakopee Village Home Assoc. has
proposed a new offer that has been accepted.
United Properties was presented an offer letter on December 1st, 2003, in the amount of
$10,350.00 for the 4th Avenue portion of the project. This offer was calculated as
follows:
Street and Utility Easement
.
2,513 sf@ $2.75/sf= $6,910.75
Temporary Easement
1,795 sf@ $2.75/sfX 8% X 1.833 yrs = $723.85
Tree compensation
3 trees = $2,680.00
. Total $10,350.00
The new calculation based on the information stated above is as follows:
Street and Utility Easement
2,513 sf@ $2.75/sf= $6,910.75
Temporary Easement
.
1,795 sf@ $2.75/sfX 8% X 1.833 yrs = $723.85
Tree compensation
3 trees = $3,430.00
Total $11,000.00
~k~- ;~{C~1Jj~ Y' /cJ i~AA/'-/
c.: akope lllage Home Assoc. City of Shakopee Agent
Date: I J/,'f,~ () 3,
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