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Home My WebLink About15.C.3. Valley View Road Condemnation Awards for Right-of-Way Project 2001-5 15 · c. ~ CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Payments from the Award of Commissioners on Condemnation Acquisition for Valley View Road, Project No. 2001-5 DATE: April 1, 2003 INTRODUCTION: Attached to this memo are the notice of filing of award from commissioners for the condemnation hearings for right-of-way acquisition associated with Valley View Road improvement, Project No. 2001-5. The purpose of this agenda item is for City Council to approve the payments of award to the property owners and accept the filing of commissioner's award. BACKGROUND: Associated with the Sarazin Street and Valley View Road improvement project, a number of easements were needed to construct the road and utilities. The City did enter into eminent domain proceedings by filing a petition of condemnation on April 26, 2002, and did provide a "quick take" on parcels that were needed on this project on July 24, 2002. The following property owners and parcel numbers and file compensation were determined by condemnation commissioners and attached as follows: Property Owner Parcel No. Amount Robert W. Berg and Gail S. Berg 9 $2,949.00 Jesse J. Kahnke and Dawn R. Kahnke 14 $5,032.00 * William G. Schmitz 16 $ 442.00 Terry L. Hauer and Kitty S. Hauer 17 $4,122.00 * * In addition the City shall reimburse the property owner for appraisal fees in the amount not-to-exceed $500.00. The City has made previous payments for right-of-way acquisition associated with the "quick take" just compensation for these parcels as follows: Name Parcel No. Amount Robert W. Berg and Gail S. Berg 9 $ 640.00 Jesse J. Kahnke and Dawn R. Kahnke 14 $1,400.00 William G. Schmitz 16 $ 210.00 Terry L. Hauer and Kitty S. Hauer 17 $1,510.00 The City has the right to appeal to the District Court the commissioner's report and their determination of award. However, the City Attorney's recommendation is that the amount of the award increase is not worth the potential additional expense by going to Court. The recommendation is to accept the commissioner's award and authorize payment to the property owners in the amount of award minus previous payments made. ALTERNATIVES: 1. Approve a motion authorizing the payments from the award of commissioners on the condemnation hearings to the property owners on Parcel No.'s 9, 14, 16 and 17 on Right-of-Way Plat No.1 in the City of Shakopee, minus any previous payments made to the property owners for right-of-way acquisition. 2. Do not approve payment based on the commissioner's award, however, appeal the commissioner's decision to the District Court. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1, as the additional increased costs is not enough to warrant to going to District Court and the additional costs associated with that action. The City has made previous payments, and the filing of commissioner's award does spell out the payments due to the property owners for property acquisition and any additional reimbursement costs such as appraisal fees. ACTION REQUESTED: Approve a motion authorizing the payments from the award of commissioners on the condemnation hearings to the property owners on Parcel No.'s 9, 14, 16 and 17 on Right- of-Way Plat No.1 in the City of Shakopee, minus any previous payments made to the property owners for right-of-way acquisition. ~nk Public Works Director BLlpmp CONDEMNATION ~ Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, Petitioner, NOTICE OF FILING OF AWARD OF COMMISSIONERS vs. PARCEL 9 John O'Loughlin and Mary Ann O'Loughlin, et aI., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with respect to the following parcel in the above-captioned matter: I PARCEL I AMOUNT OF AWARD I 9 $2,949 Said A ward of Commissioners as to Parcel 9 was filed in the office of the District Court Administrator for Scott County on March 12, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the A ward of Commissioners as to Parcel 9 must file a notice of appeal within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 9. ( PAC-229022vl 1 SHI55-118 . I Dated: March 19,2003. KENNEDY & GRAVEN, CHARTERED By: . '-/2~ q~ffY~ Paula A. Callies, #20 JJ 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9217 ATTORNEYS FOR PETITIONER PAC-229022vl 2 SHl55-118 . SERVICE LIST SH155-118 Parcel Party County of Scott Scott County Government Center 200 Fourth Avenue West Shakopee,~ 55379 9 Robert W. Berg and Gail S. Berg 1902 East Valley View Road Shakopee,~ 55379 9 Edmund J. Menden, Trustee of the Joseph E. Menden and Mary A. Menden Living Trust 1041 South Ramsey Street Shakopee,~ 55379 PAC-229022vl 3 SH155-lJ8 ~. "". ~" "' Case Type: Condemnation STATE OF MINNESOTA FILED DISTRICT COURT COUNTY OF SCOTT MAR 1 2 Z003 A- FIRST JUDICIAL DISTRICT SCOTT COUNTY GOIIRTS City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, Petitioner, AWARD OF COMMISSIONERS vs. PARCEL 9 John O'Loughlin and Mary Ann O'Loughlin, et al., Respondents. The undersigned commissioners, appointed by the above-named Court, having qualified according to law, hereby make the following award of damages with respect to the Petitioner's taking of Parcel 9 in the above-captioned matter (which is described in Exhibit A attached hereto): P A.RCEL 9: Robert W. Berg and Gail S. Berg $ :<) 0]'-01 All other parties identified as having an interest NONE in Parcel 9 in the petition or otherwise appearing in the proceedings related to Parcel 9, other than "the City of Shakopee and the County of Scott City of Shakopee and County of Scott NONE RECEIVED PAC-228078vl 1 MAR 1 2 2003 SHJ55-118 SCOTT COUNTY COURTS . We further report that each of the undersigned commissioners viewed said real estate, that a hearing was held on February 27,2003, after due notice, at which the opportunity to present evidence was provided, and that all the undersigned participated in hearing testimony of those interested parties who appeared, ~t said hearings and participated in ascertaining and determining the above-stated award. Dated: ~- z.g- ,2003. ~a~ e DuBois, Commissioner ~YY)~ Richard G. Marks, Commissioner me P AC-228078vl 2 SH155-118 EXHIBIT A PARCEL 9: PID #27-917009-0 (Abstract) PROPERTY ADDRESS: 1902 East Valley View Road, Shakopee, MN 55379 Description of Subject Property That part of the West one-half of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the Southwest corner of said West one-half of the Southwest Quarter; thence North along the West line of said Southwest Quarter a distance of 1395.0 feet more or less to its intersection with the centerline of a township road; thence South 73 degrees 23 minutes 00 seconds East along said center line a distance of 224.30 feet to the point of beginning of that tract of land described; thence continuing South 73 degrees 23 minutes 00 seconds East along said center line a distance of 257.60 feet; thence South 9 degrees 37 minutes 00 seconds West a distance of 390.90 feet; thence North 85 degrees 00 minutes 14 seconds West a distance of 182.23 feet more or less to its intersection with a line drawn from the point of beginning and parallel with said West line of the Southwest Quarter; thence North along said parallel line a distance of 443.20 feet to the point of beginning, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County, Minnesota. Description of Takin~: 1. A permanent easement for drainage and utility purposes over, under, across and through Permanent Easement No.9 (P.E. 9) as shown in City of Shakopee Road Right of Way Plat No.1, as the same is on file and of record in the office of the Scott County Recorder. A copy of City of Shakopee Road Right of Way Plat No.1 is attached as Exhibit A-I. The taking herein is subject to easements of record in favor of County of Scott and City of Shakopee and existing streets, if any. Description of Parties Known or Believed to Have an Interest in Said Property Party Interest Robert W. Berg and Gail S. Berg as joint tenants Fee owner Joseph E. Menden and Mary A. Menden Living Possible Holder of Interest Trust Wells Fargo Mortgage, Inc., fka Norwest Mortgage Mortgage, Inc., a California corporation City of Shakopee Easement; special assessments County of Scott Real estate taxes All other parties unknown having any right, title, or Possible holder of interest interest in the subject properties described herein PAC-228078vl 3 SHJ55-118 , .:'>. , together with 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. > ) PAC-228078vl 4 SH155-118 .......,t . Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT ' FIRST JUDICIAL DISTRICT City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, Petitioner, NOTICE OF FILING OF AWARD OF COMMISSIONERS vs. PARCEL 14 John O'Loughlin and Mary Ann O'Loughlin, et aI., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with respect to the following parcel in the above-captioned matter: , PARCEL I AMOUNT OF AWARD I 14 $5,032 Said A ward of Commissioners as to Parcel 14 was filed in the office of the District Court Administrator for Scott County on March 12, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the A ward of Commissioners as to Parcel 14 must file a notice of appeal within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 14. PAC-229023vl 1 SH155-118 Dated: March 19,2003. KENNEDY & GRAVEN, CHARTERED By: JJ...JI () ~ff - /'0 Q . ... AA Paulal'A. Callies, #201443 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9217 ATTORNEYS FOR PETITIONER PAC-229023vl 2 SHI55-118 SERVICE LIST SH155-118 Parcel Party County of Scott Scott County Government Center 200 Fourth Avenue West Shakopee,~ 55379 14 Jesse J. Kahnke and Dawn R. Kahnke 2224 East Valley View Road Shakopee, ~ 55379 14 State Bank of Young America 800 Faxon Road Young America, ~ 55397-9330 14 Bank One, Milwaukee, N.A. 111 East Wisconsin Avenue 2nd Floor Milwaukee, WI 53202 14 Chase Manhatten Mortgage Company J Attn: Galina Mohary DLS Resolution Unit 3415 Vision Drive Columbus, OH 43081 PAC-229023vl 3 SH155-118 " ^ Case Type: Condemnation STATE OF 1vll-mESOTA FILED DISTRICT COURT COUNTY OF SCQTf MAR 1 2 2003 A- FIRST JUDICIAL DISTRICT SCOTT COuN I Y COURTS City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, , Petitioner, AWARD OF COMMISSIONERS vs. PARCEL 14 John O'Loughlin and Mary Ann O'Loughlin, et al., Respondents. The undersigned commissioners, appointed by the above-named Court, having qualified according to law, hereby make the following award of damages with respect to the Petitioner's taking of Parcel 14 in the above-captioned matter (which is described in Exhibit A attached hereto) : PARCEL 14: Jesse J. Kahnke and Dawn R. Kahnke $ 5')032- All other parties identified as having an interest NONE in Parcel 14 in the petition or otherwise appearing in the proceedings related to Parcel 14, other than the City of Shakopee and the County of Scott City of Shakopee and County of Scott NONE In addition, Petitioner shall reimburse Respondent for appraisal fees in the amount shown RECEIVED PAC-228095vl 1 MAR 1 2 2003 SH155-118 SCOTT COUNlY COURTS , on an invoice from the appraiser, but not to exceed $500.00. We further report that each of the undersigned commissioners viewed said real estate, that a hearing was held on February 24, 2003, after due notice, at which the opportunity to, ( present evidence was provided, and that all the undersigned ,participated in hearing testimony of those interested parties who appeared at said hearings and participated in ascertaining and determining the above-stated award. Dated: _tzzt. 28 ,2003. ~/~ ane DuBo s, Commissioner ~ff)~ . ,Richard G. Marks, Commissioner yY)~ Debbie McGahey, Commission '- P AC-228095v I 2 SHI55-118 , , EXIllBIT A PARCEL 14: PID #27"-917018-0 (Abstract) PROPERTY ADDRESS: 2224 East Valley View Road, Shakopee,:MN 55379 Description of Sublect Property: The East half of the Southwest Quarter (El/2 of SW1I4) of Section 17, Township 115, Range 22, Scott County, Minnesota., lying South of County Road No. 79, EXCEPTING THEREFROM; that part of the East one-half of the Southwest Quarter (El/2 ofSWl/4) of Section 17, Township 115, Range 22, Scott County, Minnesota, lying South and East of the following described line: Beginning at a point on the South line of said East one-half of the Southwest Quarter distant 200.00 feet East of the Southwest corner thereof; then Northeasterly at an angle of 69 degrees 53 minutes 20 seconds (as measured East to North) a distance of 623.76 feet to the center line of a Town Road; thence SoutheasterlY along said center line a distance of 1075 feet, more or less, to- its intersection with the East line~ of said East one-half of the Southwest Quarter and there terminating. Description of Taking: 1. A permanent easement for drainage and utility purposes over, under, across and through Permanent Easement No. 14 (P.E. 14) as shown in City of Shako pee Road Right of Way Plat No.1, as the same is on file and of record in the office of the Scott County Recorder. A copy of City of Shako pee Road Right of Way Plat No.1 is attached as Exhibit A-I. The taking herein is subject to easements of record in favor of County of Scott and City of Shakopee and existing streets, if any. Description of Parties Known or Believed to Have an Interest in Said Property Party Interest Jesse 1. Kahnke and Dawn R. Kahnke as joint ' Fee owner tenants State Bank of Young America., a Minnesota" Mortgage chartered banking corporation - ' Bank One, Milwaukee, "a national banking. Mortgage association Mortgage Electronic RegistrationSystems, Inc., a Delaware corporation as nominee for Chase Mortgage Company , City of Shakopee Special assessments; easement County of Scott Real estate taxes " All other parties unknown having any right, title, or Possible holder of interest interest in the subject properties described herein , PAC-228095vl 3 SH155-118 . together with 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. PAC-228095vl 4 SH155-1I8 , o. Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT , COUNTY OF SCOTT FIRST JUDICIAL DISTRICT City of Shakopee, a Minnesota municipal . File No. 02-09197 corporation, Petitioner, NOTICE OF FILING OF AWARD OF COMMISSIONERS vs. PARCEL 16 John O'Loughlin and Mary Ann O'Loughlin, et aI., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with respect to the following parcel in the above-captioned matter: I PARCEL I AMOUNT OF AWARD I 16 $442 Said A ward of Commissioners as to Parcel 16 was filed in the office of the District Court Administrator for Scott County on March 12, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the A ward of Commissioners as to Parcel 16 must file a notice of appeal within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 16. . P AC-229024v I 1 SH155-118 Dated: March 19,2003. KENNEDY & GRAVEN, CHARTERED By: t?~ O. ~fAJ. Paula A. Callies, #201443 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9217 ATTORNEYS FOR PETITIONER P AC-229024v I 2 SH155-118 . SERVICE LIST SH155-118 Parcel Party County of Scott Scott County Government Center 200 Fourth Avenue West Shakopee,~ 55379 16 WilliamG. Schmitz 2468 Valley View Road East Shakopee,~ 55379 PAC-229024vl 3 SH155-118 . "'" . Case Type: Condemnation STATE OF MINNESOTA FILED DISTRICT COURT COUNTY OF SCOTT MAR 1 2 2003 ;r FIRST JUDICIAL DISTRICT SCOTT OOUNTY COURTS City of Shakopee, a Minnesota municipal Court File No. 02-09197 " corporation, Petitioner, AWARD OF COMMISSIONERS AS TO PARCEL 16 VS. John O'Loughlin, et al Respondents. The undersigned Commissioners, appointed by the above-narned Court, having qualified according to law, hereby make the following award with respect to Parcel 16 in the above- captioned matter: I TO: I $442.00 I William G. Schmitz TO: , City of Shakopee NONE County of Scott NONE We further report that each of the undersigned commissioners viewed the real estate; that a hearing was held on February 24, 2003 after due notice, at which an opportunity was provided for all interested parties to present evidence; and that all of the undersigned participated in the ascertaining of the above-stated award. The legal description of Parcel 16 is attached hereto as Exhibit A RECEIVED PAC-228081vl " 1 MAR 1 2 2003 SH155-118 SCOTT GOUNlY GOURTS . o. Date: reg \ 20: , 2003 / ~ Richard Marks, Commission Chair ~~ .~u ., .. e DuBOIS, ComrmsslOner a 7?1C~ Deb McGahey, Commissio . PAC-228081vl 2 SH155-118 " , )1 , c, EXHIBIT A PARCEL 16: PID #27-920006-0 (Abstract) PROPERTY ADDRESS: Description of Subiect Property: The East half of the Northwest Quarter (E1/2 ofNW1/4) of Section 20, Township 115, Range 22 West, Scott County, Minnesota Description of Taking: 1. A permanent easement for drainage and utility purposes over, under, across and through Permanent Easement No. 16 (p.E. 16) as shown in City of Shakopee Road Right of Way Plat No.1, as the same is on file and of record in the office of the Scott County Recorder. A copy of City of Shakopee Road Right of Way Plat No.1 is attached as Exhibit A-I. The taking herein is subject to easements of record in favor of County of Scott and City of Shakopee and existing streets, if any. Description of Parties Known or Believed to Have an Interest in Said Property Party In terest William G. Schmitz Fee owner City of Shakopee . Easement; special assessments County of Scott Real estate taxes All other parties unknown having any right, title, or Possible holder of interest interest in the subject properties described herein together with 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. p AC~228081vl SH155-118 . Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, Petitioner, NOTICE OF FILING OF AWARD OF COMMISSIONERS VS. PARCEL 17 John O'Loughlin and Mary Ann O'Loughlin, et aI., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with. respect to the following parcel in the above-captioned matter: I PARCEL I AMOUNT OF AWARD I 17 $4,122 " Said A ward of Commissioners as to Parcel 17 was filed in the office of the District Court Administrator for Scott County on March 12, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the A ward of Commissioners as to Parcel 17 must file a notice of appeal within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 17. P AC-229026v I 1 SHI55-118 Dated: March 19,2003. KENNEDY & GRAVEN, CHARTERED By: /),? ~ /- "':~AYa "/ ~rl ~ Paula A. Callies, #2014 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612)337-9217 ATTORNEYS FOR PETITIONER PAC-229026vl 2 SHI55-118 . SERVICE LIST SH155-118 Parcel Party County of Scott Scott County Government Center 200 Fourth Avenue West Shakopee,~ 55379 17 Terry L. Hauer and Kitty S. Hauer 2512 East Valley View Road Shakopee,~ 55379 P AC-229026v 1 3 SHl55-118 ., . ;. " Case Type: Condemnation STATE OF MINNESOTA FILED DISTRICT COURT COUNTY OF SCOTI MAR 1 2 2003 A- FIRST JUDICIAL DISTRICT - SCOTT COUNTY COURTS City of Shakopee, a Minnesota municipal File No. 02-09197 corporation, Petitioner, AWARD OF COMMISSIONERS vs. PARCEL 17 John O'Loughlin and Mary Ann,O'Loughlin, et aI., Respondents. The undersigned commissioners, appointed by the above-named Court, having qualified according to law, hereby make the following award of damages with respect to the Petitioner's taking of Parcel 17 in the above-captioned matter (which is described in Exhibit A attached hereto) : PARCEL 17: Terry L. Hauer and Kitty S. Hauer $ '"'1..) J 2 2- City of Shakopee and County of Scott NONE In addition, Petitioner shall reimburse Respondent for appraisal fees in the amount showri on an invoice from the appraiser, but not to exceed $500.00 We further report that each of the undersigned commissioners viewed said real estate, RECEIVED PAC-228096vl 1 MAR 1 2 2003 SH155-118 ~ SCOTT COUNiY COURTS . , that a hearing was held on February 24, 2003, after due notice, at which the opportunity to present evidence was provided, and that all the undersigned participated in hearing testimony of those interested parties who appeared at said hearings and participated in ascertaining and determining the above-stated award. Dated: .~, 22 ,2003. ~iS'~~ ~m~ Richard G. Marks, Commissioner PAC-228096vl 2 SH155-118 ~ , . EXHIBIT A PARCEL 17: PID #27-920005-1 (Abstract) PROPERTY ADDRESS: 2512 East Valley View Road, Shakopee, MN 55379 Description of Subject Property: That part of the West 'l'2 of the Northeast Quarter of Section 20, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the Northwest comer of said Northeast Quarter; thence South 87 degrees 16 minutes 48 seconds East, assumed basis for bearings, along the North line of said Northeast Quarter 597.18 feet; thence South 0 degrees 00 minutes 00 seconds West 1460.50 feet; thence North 87 degrees 16 minutes 48 seconds West 597.18 feet to the West line of said Northeast Quarter; thence North 0 degrees 00 minutes 00 seconds East, along said West line, 1460.50 feet to the point of beginning. Description of Taking: 1. A permanent easement for drainage and utility purposes over, under, across and through Permanent Easement No. 17 (P.E. 17) as shown in City of Shakopee Road Right of Way Plat No.1, as the same is on file and of record in the office of the Scott County Recorder. A copy of City of Shako pee Road Right of Way Plat No.1 is attached as Exhibit A-I. The taking herein is subject to easements of record in favor of County of Scott and City of Shakopee and existing streets, if any. Description of Parties Known or Believed to Have an Interest in Said Property Party , Interest Terry L. Hauer and Kitty S. Hauer Fee owner City of Shakopee Easement; special assessments County of Scott Real estate taxes All other parties unknown having any right, title, or Possible holder of interest interest in the subject properties described herein together with 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. PAC-228096vl 3 SH155-1l8