Loading...
HomeMy WebLinkAbout9.C.1. Hilldale Drive Project Update-Easement Acquisitions General Business 9. C. 1. SHAKOI'EE TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 12/01/2015 SUBJECT: Hilldale Drive Project Update-Easement Acquisitions (E) Action Sought To authorize the updated agreement of special assessments for parcels where easements are being obtained. Background On March 17, 2015, City Council approved Resolution No. 7559 ordering the preparation of plans and specifications for the extension of sanitary sewer and water to Hilldale Drive. Also, Council approved an agreement on assessments and charges to benefiting properties. During design, staff has determined three design changes that are being recommended and as follows: 1. Smaller cul-de-sac on the south terminus of Hilldale Drive. 2. Additional storm sewer to the north cul-de-sac. 3. Elimination of the trail along CR 16 and have this trail be incorporated into a larger trail project with the County. A smaller cul-de-sac design was done to minimize the impacts to property. The Fire Chief was consulted and this size of cul-de-sac would not affect fire protection operations. Installing a storm sewer to the north in Hilldale Drive would reroute the storm water that currently goes through the side and back yards of Hilldale Drive lots and Glacier Estates. Also, this storm sewer line would be easier to maintain in the Hilldale Drive street. Both the cul-de-sac and storm sewer line to the north would need additional easements. Attached are letters of acceptance from the property owners on easement acquisition. Staff in conjunction with the city attorney is recommending the assessment agreements be modified to reduce the assessment by the amount of the easement acquisition. The property owners are in favor of this change as well. Attached is an example of the agreement with this modification. Finally, the trail along CR 16 is being removed from the project and is recommended to be added as part of a larger trail project with Scott County. County Road 16 has trail gaps from Dakota Crossings to CR 18 and would be a better design and project by doing the trail all at once and working with Scott County. Recommendation Staff is recommending these design changes, easement acquisitions and the revised assessment agreements for these parcels where easements are being obtained. Budget Impact The additional easements affect the Surface Drainage fund and Capital Improvement fund. The additional storm sewer affects the Surface Water fund. Relationship to Vision This supports Goal E: Deliver effective and efficient public services by a staff of well-trained, caring, and professional employees. Requested Action To authorize the updated agreement of special assessments for parcels where easements are being obtained. Attachments: Letters of Acceptance 1 & 2 Letter of Acceptance 3 Proposed Trail Improvements Map Updated Agreement-easement acqusition Pi*LAI SHAKOPEE August 26, 2015 Walter&Tamara Sweeney 2055 Hilldale Drive E Shakopee, MN 55379 ND: 270590060 RE: Easement Acquisition for Hilldale Drive Project Dear Mr. & Mrs.Sweeney: This letter is to confirm our verbal agreement as to the easement needed for the above project. Attached is a drawing showing 287 square feet of easement area needed from your property to complete the cul-de-sac by your property. It was agreed upon for the City to pay you $600 for this easement. By signing this letter, I can begin the process of preparing the easement and authorization of payment by City Council. After you sign this letter, please return to me in person or by mail to my attention. If you have any questions,feel free to contact me at 952-233-9361. Sincerely, Bruce Loney City of Shakopee Public Works Director Sign: hpit Date: ? (745 Walter Sweeney Sign:4. Nowt* 1) 1 Date: VO 3//c Tamara Sweeney 0 / COMMUNITY PRIDE SINCE 1857 129 Hohnes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.eov 011"11LAI SHAKOPEE August 26, 2015 Brandon Krumwiede 2075 Hilldale Drive E Shakopee, MN 55379 PID: 270590070 RE: Easement Acquisition for Hilldale Drive Project Dear Mr. Krumwiede: This letter is to confirm our verbal agreement as to the easement needed for the above project. Attached is a drawing showing 909 square feet of easement area needed from your property to complete the cul-de-sac by your property. It was agreed upon for the City to pay you $2,300 for this easement. By signing this letter, [can begin the process of preparing the easement and authorization of payment by City Council. After you sign this letter, please return to me in person or by mail to my attention. [f you have any questions,feel free to contact me at 952-233-9361. Sincerely, At0e- Bruce Loney City of Shakopee Public Works Director Sign: • Date: 9/3/2015 Brandon Krumwiede COMMUNITY PRIDE SINCE 1857 129 Holmes Street South • Shakopee.Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov 4 g o a o a o V ,.1'3 M OI to ._ ¢ X11 "--° Lo 0 . 'I i 0 3p] tiCI :;T Y M9 - .1 O ,I .-. :: , _,• ,. . :,. 'r.:'!--- ih -; . ;;-: .: -"T t':. 'L .. '::;' .! n ._ •,, 4 R ns.l 71 \. It ' xn.l , a1! I so 8 x5x.0 © 8 L • ,.xas5-TAU re R>• I IRrr rasa R : pp x'xexe.'0w - i I S L ._. ,,..a 1„-,...:-.....,...,.. 1-_. jq j _ n 0 ... I 11 ri6sm ( 3,af, ..... le J '•« 0 we # i a 8 .! .._ _: _ —'—'—,— I' .— ^” xs vie mu r :: Ism a I'' a�-.—v r INC _—' ux 1 ° -:*-- ,71.I IY I ...lir I !6)l ' Oy xna. 5 ' 4 USIIQ- 'G- .' 8 I O ' I ' I , N .Y1 x61.1 ..1.100-x61905 $)•-(I� 'j x1195 1$ I *..2 6 «.x .Y x«.Ie i. _ „. N0� 8 .e 118 8m O ,,N A O Y NpJ O U pU O II _ 4'43 r<7 1 HILLDALE DRIVE bil REVISIONS ""'2...7=='''''''`.rM:=,d..:..-1: N; STREET PIAN & PROFILE "`«°` �.1a.6>ar,, Ca°..vtmmav STA. 0+00 - 5+00 m,. ue.. 19090 You created this PDF from an application that is not licensed to print to novaPDF printer(http://www.novapdr.com) WILLA! . SHAKOPEE Sept. 15,2015 David& Susan Vaneyll 1975 Hilldale Drive E Shakopee, MN 55379 PID: 270490040 RE: Easement Acquisition for Hilldale Drive Project Dear Mr. &Mrs. Vaneyll: This letter is to confirm our verbal agreement as to the easements needed for the above project. Attached is a drawing showing 3,764 square feet of easement area needed from your property for the storm sewer by your property.Also,the City is willing to purchase approximately 3.75 acres of wetland area. It was agreed upon for the City to pay you$6500 for these easements. By signing this letter,I can begin the process of preparing the easements and modify the assessment agreement which would lower the assessment by the amount of easement acquisition cost. After you sign this letter, please return to me in person or by mail to my attention. If you have any questions, feel free to contact me at 952-233-9361. Sincerely, hOLozy CJOI Bruce Loney City of Shakopee Public Works Director , Sign: id 17/, Date: 9 - 22"/3- David Vaneyll 7. 7 /J Sign:5A ` L� Date: Q_ Susan Vaneyll c COMMUNITY PRIDE SINCE 1857 129 Holmes Street South • Shakopee,Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakupeeMN.gov J J J J J IJ I J -4 N O III, O N "'-OOO N m N u 1 •'111®r® ®. O i 7...... E a - 11111.1=1,111111111 $ Inn' . !. 11111111111111E1111111.11131 QIili ' TIME �32, ° � 'II � 23 nM.il Y3 6�®r� y tiCO • �!' MEIMINI 11 i iii �� I1'NRING LAKE__ 06W- 83li0 ii '. *N ..coo--�exeeo- `IC) N 46,• IIIiiIJ11II1ghI: o : 1111111111111111111101/ie.' '. i w 111111111111111,11111111111'81 - �1III I1 ,E i �- - - I I- i0 0; Eli .riiiiliAinail , , ....." \ ), 7 ( r \ 02. I 1 II I_h 111 IIS moN...,i_ sl , i BA CO 5.1 0 kk' ,,,,,, _ E _ LivinE ,N 11111111111.111111111111611 N 8 , c� BEINIIIN 0 04 i - I I Ai1 ! 1 t I o¢ I.. V ' Io w 1-' I� 'o I'S' g* Im I HILLDALE DRIVE I REVISIONS -^c ^ a: ::�`�.:e .�- � .rrcsmm eam —'$1 SileixoFa STREET PLAN & PROFILE I I¢.r.memewe STA 5+00 - 8+00 u.No am®.. •a.: ,x— You a You created this PDF from an application that is not licensed to print to novaPDF printer(http:I/www.novapdf.com) i -A� •A,,�[ A-. to K"z.n ys_,'"�`n ,1 ark�`A vz 3 `f • "• `e""SLA 4• &110- 3q y' yam,. Fila, ,p• ��. �a wa< e^"PE-6AE R4s � ` r w , pI a 9 4 I" , ,mob` 40* ^1 ZR l�+' +k �1 yF, ,'( . !,�-.....ivj . �a . 5�w if";*Z vim, .fFd}, 9 1.44 " � ....,;.- "k { :F}„7.,,,,,,...„„„c1,,,,, `'-% �, �. • gf a t., Wi b I +f 1.f ' 1-faen•(' `4 **P`'Y� ' � ' '4 'o .3-e-",-.,..,,, i��o w # "f(y0Re S 4 , e N .7.0„..,,,,.__. 7C'. 'LYI0,1-A - S. g '! .A 1 n 4__ F'�Ma Z.1 -1‘.- n'''''^- 'm' 7Kt , M , '1V•1-•*';*.'".d -t 'Sg4C. U ` a s» • . ' '''c',.•-•‘6›.- 6 . r R�{ ., bA F"AILL i'l fLr"i -. A.. ax Y.1, .•x v —- , .z,. r o cs -� s '. # em . .'- -'-.4-'''' f M d-v r... 7 4 .0 kr4_, a ofY"�' A, %ti ' ` 4.., -..d.,J,1.fa.,Iy .+ '. r'a.,. ".- "I ,.r,.'."'�� '+s:• ..'?s1F"- X t� `*.rhT�ti' '• z ;' • Ya �'...Zp ..C2)J;l,1 0 li'S.t -- - — 4 4 � �� 3^ .. _f6^} , _ 4 'N 19..,a..,glaifly7 f • - 'c a -; .S. s- s • id-IDS-11 p7, f as k;_ "GI. ! g ' t,. �� � F .7�1 t 1 .1 1 a•C \IA _,�H. 9 '�^ ..-4.4, rj 'm h,7/. ✓�. ,, tA a y "e "ia." .-, ? P;-\�w• .� -. -"1. • 1, „ 4•_ a` dye . A.-riati - y4N. a 5 is^t� is G V a� C •{ c..E n co- ..a 3' �g Be .diva';: y-i rsd _''1�+ •d .4{�y: 7 T f G� f Y �J s * „°! _ ., moi ' ' e www' g. �' , •�� -" '?�, w' a t Is nl.; d 1 :! y VV moi(: >.a , ,, ALL --.Nrd; - -•a+:. z� d d .J "� -• R^! E +.x$' 4 ,V;—.. r"' w .. a, - s'y,,a It_ e HT}�'Eh§iDGT i y�� `� �" S a�y1. y fC' 1'•Y n4 Y J V I t iL 4„."- '?4.e .., t _ , fi'_ t.,...a SK > >.. s_ 1 S^ '�'s 1..- .'d x �YL ..r"'. .wi 's tk V. t c``Z'r'4 zrJ — .. 9ah ' .yr FRvl[l.1` � 'tiT.'ce.�+,3+t-tom �� M r`.rs` i t,. + 1. _ r��� J Y r Y 'n "Sp id'Ri v 4.2? 1' t.9.d ,ay,rkJ , �s V[ _ ' `,-S' N -` i (this space reserved for recording purposes) AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS AND CHARGES This Agreement is entered into as of December 1, 2015, by and between the City of Shakopee ("City") and ("Property Owner") RECITALS A. Property Owner is the owner of a parcel of land("Property")located at 2075 Hilldale Drive, Shakopee, Minnesota. The legal description of the Property is Lot 5, Block 2, Zoschke's Addition Replat.Parcel ID#27-059007-0. B. The City is considering the construction of a public improvement project known as City Project No. 2014-3 ("Project"). The Project includes reconstruction of Hilldale Drive, installation of sanitary sewer and water main, and construction of a bituminous trail from Hilldale Drive to Kensington Estates. Upon substantial completion of the Project, the City will levy special assessments against the Property. C. After the Project is constructed and when the owner connects to the public utilities,Property Owner would normally be required to pay a trunk sanitary sewer charge, a trunk water charge, a water connection charge, a City sanitary sewer availability charge, and a metropolitan sanitary sewer availability charge ("Charges"). D. The City and Property Owner have agreed that the total amount of the Charges and special assessment to be levied against the Property will not exceed$28,000 minus any amount that that the City agrees to pay for any easement needed on the Property to construct the Project. Property Owner and the City desire to enter into this Agreement to set forth the Property Owner's obligations with respect to payment of the Charges and special assessment. 468062vJJT SH155-36I Now therefore in consideration of the mutual covenants and conditions set forth in this Agreement,the City and Property Owner agree as follows: 1. The Recitals are true and correct and are incorporated by reference into this Agreement. 2. Upon substantial completion of the Project, the City will levy a special assessment against the Property in an amount not to exceed$28,000 minus any amount that that the City agrees to pay for any easement needed on the Property to construct the Project Property Owner covenants and agrees to pay the actual amount of the special assessment in accordance with state law and the City's ordinances and regulations. Property Owner may have up to 15 years to pay the special assessment. 3. Property owner shall have up to 5 years to connect to the public utilities that are being installed as part of the Project. 4. If the City levies special assessments against the Property in the amount of $28,000, Property Owner shall not be required to pay any of the Charges referenced in Recital C of this agreement. If the City levies special assessments against the Property in an amount less than $28,000, Property Owner agrees to pay the Charges in an amount that is equal to the difference between$28,000 and the assessed amount. Example #1: Special Assessment amount is $20,000 and no easement is being acquired; Property Owner would pay Charges in the maximum amount of$8,000. Property Owner is responsible for all other costs, such as the cost of a plumbing permit and water meter installation cost,associated with the connection to the public utilities. Example #2: Special Assessment amount is $20,000 and the City agrees to pay $5,000 for an easement; Property Owner would be assessed $15,000 and would pay Charges in the maximum amount of$8,000. Property Owner is responsible for all other costs, such as the cost of a plumbing permit and water meter installation cost, associated with the connection to the public utilities. Example #3: Special Assessment amount is $28,000 and no easement is being acquired; Property Owner would pay no Charges. Property Owner is responsible for all other costs, such as the cost of a plumbing permit and water meter installation cost, associated with the connection to the public utilities. Example #4: Special Assessment amount is $28,000 and the City agrees to pay $5,000 for an easement; Property Owner would be assessed $23,000 and would pay no Charges. Property Owner is responsible for all other costs, such as the cost of a plumbing permit and water meter installation cost,associated with the connection to the public utilities. 5. Property Owner waives notice of hearing and waives the right to the hearing required by Minnesota Statutes, Section 429.031 on the special assessment to be levied on the Property up to a maximum of$28,000. 6. Property Owner waives any and all rights to appeal or otherwise contest or challenge the levying of special assessments up to a maximum of$28,000 against the Property, including 468062vJJT SH155-361 2 but not limited to the right to challenge whether the increase in fair market value resulting from the Project is at least equal to the amount that is being assessed against the Property and that such increase in fair market value is a special benefit to the Property. Property Owner further agrees that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption or levying of the special assessments are waived to the extent that those requirements are not met. 7. The covenants, waivers and agreements contained in the Agreement shall run with the Property and shall bind future owners of the Property and their heirs, successors and assigns. Property Owner agrees to provide a copy of this Agreement to any buyer of the property before Property Owner signs a purchase agreement to sell the Property. 8. The City will be responsible for any oversizing costs associated with the sanitary sewer construction and Shakopee Public Utilities will be responsible for any oversizing costs associated with the water main construction costs. Property Owner will provide any necessary easements on the Property for the project under terms that are mutually agreeable between the City and the Property Owner. 9. If Property Owner violates any of the covenants and agreements contained in this Agreement, the City may seek any legal remedy that it is otherwise entitled to under law, including but not limited to the option to commence a legal action for monetary damages or for specific performance. Property Owner agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable attorney's fees in connection with said action provided that the City is successful in such action. 10. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City City Administrator City Hall 129 Holmes Street South Shakopee,MN 55379 If to Property Owner 11. Nothing in this agreement is intended to affect any other payments that might be due to the City, or any other governmental entity, at the time that the Property is platted or subdivided. Property Owner: 468062vJTr S1-1155-361 3 STATE OF MINNESOTA ) ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 2015,by and ,husband and wife. Notary Public My Commission Expires City of Shakopee By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 2015, by and the Mayor and City Administrator,respectively, of the City of Shakopee,a municipal corporation under Minnesota law. Notary Public My Commission Expires 468062vJTT SHI55-361 4