HomeMy WebLinkAbout15.A.2. Stipulation of Settlement for Valley View Rd Project No. 2001-5
IS. 1'1.1-
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Stipulation of Settlement with
Joan Schultz on Parcels 11, 12 and 13 with the
Sarazin Street and Valley View Road, Project No. 2001-5
DATE: March 4, 2003
INTRODUCTION:
Attached is a Stipulation of Settlement between the City of Shakopee and Joan Schultz
on the eminent domain proceedings for certain property needed for the road and utility
improvements for Sarazin Street and Valley View Road Project. The purpose of this
agenda item is for the City Council to accept and approve the Stipulation of Settlement
for the eminent domain proceedings for Parcel No. 11, 12 and 13 on right-of-way Map
No.1.
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 a quick take payment to parcels that were needed on this project on July 24,
2002. Joan Schultz is the owner of Parcel No. 11, 12 and 13 on right-of-way Map No.1,
and staff along with the City Attorney have reached a settlement of final compensation
for the permanent easement. The Stipulation of Settlement is a document that stipulates
the agreement between the City and property owners and spells out the final payments for
this matter. Previously, the City did pay Joan Schultz an amount of $1,550.00 and the
remaining balance due to the Mrs. Schultz is $2,450.00 for a total settlement amount of
$4,000.00. This agreement is also contingent upon the approval of the City Council of
Shakopee.
ALTERNATIVES:
1. Make a motion approving the Stipulation for Settlement for permanent easement
for Parcel No. 11, 12 and 13 between the City of Shako pee and Joan Schultz.
2. Do not approve the Stipulation of Settlement.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1, as the City and the property owner have come to a
settlement agreement which would end any further condemnation action for this property
acquisition.
ACTION REQUESTED:
Make a motion approving the Stipulation of Settlement for permanent easement for
Parcel No. II, 12 and 13 between the City of Shako pee and Joan Schultz.
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Public Works Director
BUpmp
SCHULZ
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
City of Shakopee, a Minnesota municipal Court File No. 02-09197
corporation,
Petitioner,
vs.
STIPULATION OF SETTLEMENT
John O'Loughlin, et aI., PARCEL 11-13
Respondents.
THIS STIPULATION is made as of March 4, 2003 by and between Petitioner City of
Shakopee ("City"), and Joan Schultz ("Schultz").
WHEREAS, the City commenced eminent domain proceedings by filing a Petition of
Condemnation on April 26, 2002 to acquire certain property necessary for road and utility
improvements to Sarazin Street and Valley View Road in the City of Shakopee, Project No.2001-5;
and
WHEREAS, Schultz is the fee owner of certain real estate located at 2104 Valley View
Road East, Shakopee, Minnesota, and
WHEREAS, the City desires to acquire a permanent easement over a portion of the Schultz
property, which is identified as Parcels 11-13 in the Petition filed herein; and
WHEREAS, on July 24, 2002, the City made a payment to Schultz in the amount of
$l,550.00 (the "Quick-Take Payment") pursuant to Minn. Stat. SlI7.042, thereby acquiring title to
and possession of Parcels 11-13; and
PAC-228098vl
SH155-118
WHEREAS, the parties to this Stipulation have negotiated a full and final settlement
concerning the acquisition of Parcels 11-13 and desire to provide for compensation as provided
herein.
NOW, THEREFORE, the City and Schultz agree as follows:
1. The foregoing recitals are incorporated into and made a part ofthis Agreement.
2. The City agrees to pay and Schultz agrees to accept the total amount of $4,000.00 (the
"Settlement Amount") as full and final settlement ofthe above-matter. This amount includes
the quick-take payment already paid to Schultz.
3. The City shall pay Schultz the $2,450.00 balance due, within 10 business days after the
Agreement has been fully executed and approved by the city council.
4. The City and Schultz agree that the Settlement Amount includes all amounts due and owing
in consideration for the taking of Parcels 11-13, including but not limited to amounts for just
compensation, interest, costs and disbursements, including appraisal and attorney fees.
5. Schultz agrees to waive any and all rights to appeal and to any further notices, viewings, or
hearings regarding the above-entitled condemnation action.
6. This Agreement is contingent upon the approval of the Shakopee City Council. Execution of
this Agreement by the City's attorney is conclusive evidence of City Council approval.
Date:
Joan Schultz
Date:
Paula A. Callies (#201443)
KENNEDY & GRAVEN, CHARTERED
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
ATTORNEYS FOR CITY OF SHAKOPEE
PAC-228098vl
SH155-118