HomeMy WebLinkAbout15.A.2. Condemnation Settlement Agreement for Valley View Road Project
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CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor & City COlIDcil
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Stipulation of Settlement with
Robert J. and Debra J. Larsen on Parcel 15 with
Sarazin Street and Valley View Road, Project No. 2001-5
DATE: January 7, 2003
INTRODUCTION:
Attached is a Stipulation of Settlement between the City of Shakopee and Robert J. and
Debra J. Larsen 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. Robert J. and Debra J. Larsen are the owners of Parcel No. 15 and were given a
payment of $3,490.00 on July 24, 2002 as compensation for their permanent easement.
The Stipulation of Settlement is a document that stipulates agreement by the Larsen's that
they have been paid in full and waive their rights to any further appeals on the above
condemnation action. 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. 15 between the City of Shakopee and Robert J. and Debra J.
Larsen.
2. Do not approve the Stipulation of Settlement.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1., as the Larsen's have agreed to the City's appraisal
amount and any further condemnation action for this property acquisition.
ACTION REQUESTED:
Make a motion approving the Stipulation for Settlement for permanent easement for
Parcel No. 15 between the City of Shako pee and Robert J. and Debra J. Larsen.
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Public Works Director
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LARSEN
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. 470 Pillsbury Center
- K~nnedF 200 South Sixth Street
Minneapolis MN 55402
~. (612) 337-9300 telephone
.. (612) 337-9310 fax
.
C H ART ERE D http://www.kennedy-graven.com
PAULA A. CALLIES
Attomey at Law
Direct Dial (612) 337-9213
Email: pcal1ies@kennedy-graven,com
December 27, 2002
Robert and Debra Larsen
2424 E. Valley View Road
Shakopee, MN 55379
Re: Valley View Road Condemnation
Settlement Stipulation
Dear Mr. and Mrs. Larsen:
Enclosed please find a Stipulation of final settlement of this matter for your review. It is my
understanding from speaking with Bruce Loney and Debra, that you are in agreement with a
settlement for the $3490 amount that the City has already paid to you. If the Stipulation is
acceptable to you, please sign and return to my attention as soon as possible, so that the City
Council can consider this at its January 7, 2003 meeting.
Please feel free to call me if you have any questions.
Sincerely,
-jJ~ ()~
Paula A Callies
P AC:pc
Enclosure
cc: Bruce Loney
PAC-225400vl
SH155-t 18
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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 al., PARCEL 15
Respondents.
THIS STIPULATION is made by and between Petitioner City of Shakopee ("City"), and
Robert J. and Debra 1. Larsen ("Larsens").
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, Larsens are the fee owners of certain real estate located at 2424 Valley View
Road East, Shakopee, Minnesota, and
WHEREAS, the City desires to acquire a permanent easement over a portion of the Larsens'
property, which is identified as Permanent Easement Parcel 15 in the Petition filed herein; and
WHEREAS, on July 24, 2002, the City made a payment to the Larsens in the amount of
$3,490.00 (the "Quick-Take Payment") pursuant to Minn. Stat. S 117.042, thereby acquiring title to
and possession of Permanent Easement ParcellS; and
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WHEREAS, the parties to this Stipulation have negotiated a full and final settlement
concerning the acquisition of Permanent Easement ParcellS 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 Larsens agree to accept the Quick-Take Payment already paid by the City in full and
final settlement of the above-matter.
3. The City and Larsens agree that the Quick-Take Payment includes all amounts due and
owing in consideration for the taking of Permanent Easement ParcellS, including but not
limited to amounts for just compensation, interest, and costs and disbursements, including
appraisal and attorney fees, if any.
4. Larsens waive any and all rights to appeal and to any further notices, viewings, or hearings
regarding the above-entitled condemnation action.
5. 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.
Dated: j- 7-0:7 .:~ ~ r?-t~..-<'----....
. -
Robert J. Larse
Dated: 1-1~-, 03 j).V'~cA fl~.4/?~
Debra J. Larsen (/
Dated:
Kennedy & Graven, Chartered
Paula A. Callies (#201443)
470 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
2
...
;
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 15
Respondents.
THIS STIPULATI9N is made by and between Petitioner City of Shakopee ("City"), and
Robert J. and Debra J. Larsen ("Larsens").
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.200 1-5;
and
WHEREAS, Larsens are the fee owners of certain real estate located at 2424 Valley View
Road East, Shakopee, Minnesota, and
WHEREAS, the City desires to acquire a permanent easement over a portion of the Larsens'
property, which is identified as Permanent Easement ParcellS in the Petition filed herein; and
WHEREAS, on July 24, 2002, the City made a payment to the Larsens in the amount of
$3,490.00 (the "Quick-Take Payment") pursuant to Minn. Stat. S 117.042, thereby acquiring title to
and possession of Permanent Easement Parcel 15; and
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I,
.
WHEREAS, the parties to this Stipulation have negotiated a full and final settlement
concerning the acquisition of Permanent Easement ParcellS 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 Larsens agree to accept the Quick-Take Payment already paid by the City in full and
final settlement of the above-matter.
3. The City and Larsens agree that the Quick-Take Payment includes all amounts due and
owing in consideration for the taking of Permanent Easement Parcel 15, including but not
limited to amounts for just compensation, interest, and costs. and disbursements, including
appraisal and attorney fees, if any.
4. Larsens waive any and all rights to appeal and to any further notices, viewings, or hearings
regarding the above-entitled condemnation action.
5. 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.
Dated:
Robert J. Larsen
Dated:
Debra 1. Larsen
Dated:
Kennedy & Graven, Chartered
Paula A. Callies (#201443)
470 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
2