HomeMy WebLinkAbout15.B.1. Stipulation of Settlement for Project No. 2001-5
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CITY OF SHAKO PEE CONSENT
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Stipulation of Settlement with
John D. and Jodi Lee Hennes on Parcel 8 with
Sarazin Street and Valley View Road, Project No. 2001-5
DATE: February 18,2003
INTRODUCTION:
Attached is a Stipulation of Settlement between the City of Shakopee and John D. and
Jodi Lee Hennes 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 this parcel.
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 payments to parcels that were needed on this project on July 24,
2002. John D. and Jodi Lee Hennes are the owners of Parcel No.8, and staff along with
the City Attorney have reached a settlement of final compensation for their permanent
and temporary easements. 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 the Hennes's an amount of $5,790.00 and the
remaining balance due to the Hennes's is $3,960.00 for a total settlement amount of
$9,750.00. 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 and
temporary easements for Parcel No.8 between the City of Shakopee and John D.
and Jodi Lee Hennes.
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 owners 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 for Settlement for permanent and temporary
easements for Parcel No.8 between the City of Shakopee and John D. and Jodi Lee
Hennes.
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Public Works
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HENNES
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 8
Respondents.
THIS STIPULATION is made on February 12, 2003 by and between Petitioner City of
Shakopee ("City"), and John D. and Jodi Lee Hennes ("Hennes").
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 Shako pee, Project No.2001-5;
and
WHEREAS, Hennes are the fee owners of certain real estate located at 2237 Valley View
Road East, Shakopee, Minnesota, and
WHEREAS, the City desires to acquire permanent road right-of-way and a temporary
easement over a portion of the Hennes property, which is identified as Parcel 8 in the Petition filed
herein; and
WHEREAS, on July 24,2002, the City made a payment to Hennes in the amount of $5,790
(the "Quick-Take Payment") pursuant to Minn. Stat. S 117.042, thereby acquiring title to and
possession of Parcel 8; and
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WHEREAS, the parties to this Stipulation have negotiated a full and final settlement
concerning the acquisition of Parcel 8 and desire to provide for compensation as provided herein.
NOW, THEREFORE, the City and Larsens agree as follows:
1. The foregoing recitals are incorporated into and made a part of this Agreement.
2. The City agrees to pay and Hennes agree to accept the total amount of $9,750.00 (the
"Settlement Amount") as full and final settlement of the above-matter. This amount
includes the quick-take payment already paid to Hennes.
3. The City shall pay Hennes the balance due, which is $3,960.00, within 10 business days of
city council approval of this Agreement. The check shall be made payable to John D. and
Jodi Lee Hennes and First National Bank of Chaska (the "Bank"), unless Hennes provide
written documentation in a form satisfactory to the city attorney showing that the Bank does
not claim an interest in the Settlement Amount.
4. The City and Hennes agree that the Settlement Amount includes all amounts due and owing
in consideration for the taking of Parcel 8, including but not limited to amounts for just
compensation, interest, and costs and disbursements, including appraisal and attorney fees,
if any.
5. Hennes agree 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 Stipulation by the City's attorney is conclusive evidence of City Council approval.
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SH155-118
Dated:
John D. Hennes
Dated:
Jodi Lee Hennes
Dated:
Kennedy & Graven, Chartered
Paula A. Callies (#201443)
470 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
PAC-227427vl 3
SH155-118