HomeMy WebLinkAbout15.C.3. Assessment Agreement for JLD Investments for 2003 Reconstruction Project No. 2003-3
CITY OF SHAKOPEE /0-' C.3,
Memorandum
TO: Mayor & City Council CONSENT
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Agreement on Payment of Special Assessments. and
Other Issues for the JLD Investment's Parcel on the
2003 Reconstruction Project No. 2003-3
DATE: June 15,2004
INTRODUCTION:
Attached is an agreement for payment of special assessments and other matters between the
City of Shakopee and JLD Investments in regard to the 2003 Street Reconstruction Project.
This agenda item is for City Council to accept, approve and to authorize the appropriate City
officials to execute the agreement for the special assessments and other related matters
associated with the JLD Investment's parcel on this project.
BACKGROUND:
On May 6, 2003, a public hearing was held on the 2003 Reconstruction Project No. 2003-3,
and Council ordered the improvement project to be designed on Fourth Avenue, from
Naumkeag Street to Shenandoah Drive; Viking Steel Road, from Fourth Avenue to c.R.
101; and Cavanaugh Drive, from Viking Steel Road to the Union Pacific Railroad crossing.
Also included in the actions for ordering the improvement and preparation of plans and
specifications, was for staff to obtain the necessary right-of-way for this project. Attached to
this memorandum is an agreement prepared by Kennedy and Graven, in conjunction with
staff, and as part of negotiation with the property owner for right-of-way acquisition and
special assessments with this parcel. The agreement has the. following items for Council
consideration and review:
. JLD Investments would agree to a maximum assessment of $94,400.00 to their
parcel on Fourth Avenue, Sarazin Street and Cavanaugh Drive as part of this
agreement and waive their right for a hearing on the special assessment amount
listed in the agreement.
. JLD Investments would receive a total of $25,000.00 for easements along 4th
Avenue and on the north side oftheir property for the sanitary sewer extension.
. A stormwater ponding fee would be charged and placed as an assessment in the
amount of $51,237.01 The City would agree to not charge stormwater trunk fees
on the northerly 7.54 acres of the property, due to its past development of the
property and payment of stormwater utility charges since 1985. The southerly
8.70 acres of the property would be subject to payment of trunk stormwater fees
and ponding charges according to the applicable City's ordinances.. and
regulations. JLD Investments would be responsible for ponding and the City
would allow a connection to the trunk stormwater line at the west property line.
The City would also agree to restore the portions of the property that is disturbed
by the construction of this project.
. The City will allow connections to the sanitary sewer line along the north side of
JLD Investment's property.
. The City will defer the assessments of three service lines in the amount of
$33,976.67 until connection is made or 10 years whichever is earlier.
. The City will provide a curb cut and driveway for JLD Investments for
emergency access along 4th Avenue.
. JLD Investments will waive the right to a special assessment hearing and settles
the condemnation action between the City and JLD Investments.
Attached to the agreement is Exhibit B, which shows the parcel area to be charged
stormwater trunk fees and also the amount of easements necessary for the City to
construct the improvements on the JLD Investment's parcel.
Staff is recommending a special assessment agreement for this parcel in order to obtain
the necessary right-of-way for this project and to have an agreement with the property
owner that recorded on the property on the amount of stormwater trunk charges that can
apply to this parcel upon future development.
City staff and the City Attorney's office have worked with the property owner and his
attorney to prepare this agreement. Staff would recommend that this agreement be
entered into to obtain the easements and resolve the issues with assessments and future
stormwater trunk charges on the JLD Investment's parcel. City Council would need to
authorize the appropriate City officials to enter into this agreement.
This agreement has been sent to the attorney for JLD Investments and the property
owner. The property owners have verbally agreed to the agreement at the time of the
writing of this memo. Staff would recommend City Council approve and authorize the
execution of this agreement.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute an agreement regarding the
payment of special assessments and other related matters between the City of
Shakopee and JLD mvestments.
2. Do not execute the agreement regarding special assessments and other related
matters.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1, as the City Attorney and the property owner have
come to an agreement on the right-of-way acquisition, special assessments and future
stormwater trunk charges on this parcel. This agreement would end in a condemnation
action or appeal of special assessments associated with the 2003 Reconstruction Project with
this parcel.
ACTION REQUESTED:
Authorize the appropriate City officials to execute an agreement regarding payment of
special assessments and other related matters between the City of Shakopee and JLD
mvestments for the 2003 Street Reconstruction Project No. 2003-3.
~~
Public Wor s Director
BUpmp
JLDINVESTMENTS-I-20-04
AGREEMENT REGARDING PROJECT NO. 2003-3
PUBLIC IMPROVEMENTS
This Agreement is entered into as of , 2004, by and between the City of Shakopee
("City") and JLD Investments, LLC, a Minnesota limited liability company ("JLD Investments")
and Northland Forest Products, Inc. (''Northland').
RECITALS
A. JLD Investments is the owner of a parcel of land ("Property") located at 205 Cavanaugh
Drive in the City and legally described on the attached Exhibit A. A schematic drawing of
the Property is attached as Exhibit B.
B. Northland is a tenant in occupation ofthe Property.
C. The Property's tax parcel identification number is 27-906052-0 and the Property is
approximately 16.24 acres in size. Buildings have been constructed on the northerly 7.54
acres of the Property (the "North Half') but not on the southerly 8.70 acres (the "South
Half').
D. The City has undertaken a street reconstruction project in the vicinity of the Property, which
project is known as the 2003 Street Reconstruction Project, City Project No. 2003-3
("Project"). The City proposes to adopt special assessments against the Property with
respect to the Project (the "Project Special Assessments").
E. In order to construct the Project, the City requires certain easements over portions of the
Property ("Easements"). The City has initiated an action in eminent domain, City of
Shakopee v. Shakopee 62 Partnership, et aI., Scott County District Court File No. 2004-
01069 (the "Condemnation Action") for the purpose of acquiring the Easements. Pursuant
to Minn. Stat. 9 l17.042, the City ha5 acquired title to th~ Dl:WOmontG in the Condemnation
Action, and has deposited the amount of $23,600.00 with the Scott County District Court
under that statute (the "Deposited Funds").
F. The City is constructing a regional storm. water pond facility on property adjacent to and
northerly of the Property (the "City Pond"). JLD Investments desires to drain storm water
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from the North Half into the City Pond, and JLD intends to drain storm water from the
South Half into a storm water pond facility that JLD will construct on the South Half
whenever the South Half develops.
G. JLD Investments and the City desire to enter into this Agreement to settle and compromise
the Condemnation Action and to set forth the obligations of the respective parties with
respect to payment of the Project Special Assessments and related matters.
TERMS OF AGREEMENT
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, and for other good and valuable consideration, the City and JLD Investments agree as
follows:
1. Incorporation of Recitals. The Recitals are true and correct and are incorporated by
reference into this Agreement.
2. Settlement of Condemnation Action. The parties agree to execute a stipulation of settlement
in the form of the attached Exhibit C and to promptly submit the stipulation to the court-
appointed commissioners in the Condemnation Action. This agreement is expressly made
contingent upon the entry of a final award of commissioners consistent with paragraph 1 of
the attached stipulation.
3. Warranty of Title. JLD warrants that it is not aware of any persons or entities holding an
interest in the Property other than those identified in Exhibit A to. the petition in the
Condemnation Action.
4. North Half; Use of City Pond; Pond Assessment. The City agrees to allow JLD or its
successor in title to the North Half to direct storm water from the North Half into the City
Pond. JLD agrees to pay a storm water ponding fee in the amount of$51,237.01 for the use
of the City Pond. JLD and Northland request and the City agrees to levy an assessment
against the Property in the amount of $51,237.01 (the "Pond Assessment"), over a ten year
period and at the same rate as is charged for the Proj ect Special Assessments. Except for
payment of the Pond Assessment, and the cost of a right of way permit for making the
connection to the City Pond, JLD or Northland will not be required to pay any other charge
or fee for connecting to the City Pond. The City will not charge or impose any storm water
trunk fees or charges for the North Half. JLD is responsible for the cost of installing the
drainage pipe that connects to the City Pond.
5. South Half; Connection to City Trunk Line; On-Site Pond. The City will allow JLD or its
successor in title to the South Half to connect to the City's storm water trunk line that is
currently installed and in place near the west line of the South Half. JLD or its successor in
title may make the connection at the time the South Half develops, provided that JLD or its
successor in title pays the stonn water trunk fee in accordance with applicable City
ordinances in effect at the time the connection is made. The City will not permit the South
Half to use the City Pond, but JLD or its successor in title to the South Half will be required
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to construct on-site ponding on the South Half at the time of development, in accordance
with all applicable ordinances and regulations at that time.
6. Sewer Main Connection. As part of the Project, the City is installing a sanitary sewer line
across the northerly portion of the Property. The City agrees to allow JLD or its successor
in title to the North Half to connect to the sanitary sewer line. The City agrees that Jill or
its successor in title will not be assessed for any portion of the cost of the initial installation
of the sanitary sewer line and will not be charged any connection fee or other charge for
connecting to the sanitary sewer line except for a sewer and water permit. The provisions of
this paragraph are not intended to exempt JLD or Northland from payment of ordinary
utility fees and charges for use of the sanitary sewer system. JLD is also responsible for the
cost of installing its service line and making the connection to the City's sanitary sewer line.
7. Service Line Assessment. The City agrees to install two sanitary service lines and one water
service line from the respective mains in Fourth Avenue to the South Half, at the locations
shown on the approved plans for the Project. JLD and Northland request that the cost ofthe
service lines be assessed against the Property, and the City agrees to levy an assessment for
the cost of installing the service lines (the "Service Line Assessment") in an amount not to
exceed $33,976.67. JLD and Northland request and the City agrees to defer the payment of
the fIrst installment on the Service Line Assessment pursuant to Minn. Stat. ~ 429.061, subd.
2 until the earlier of (a) ten years from the date of the adoption of the Service Line
Assessment; or (b) the recording of a plat that subdivides the Property into two or more
parcels. The deferred assessments will accrue interest at the same rate as the rate charged
for the Project Assessments.
8. Curb Cut. The City agrees to install a curb cut from Fourth Avenue for a 25-foot wide
opening with a 25-foot radii at a location that is approximately 425 feet from the southwest
corner of the Property. The City will install a concrete apron and bituminous driveway to
the back of the proposed bituminous trail in the Project. The cost of the curb cut, concrete
apron and driveway is included in the Project Assessments.
9. Proiect Special Assessments. JLD and Northland request and the City agrees to levy
assessments in an amount not to exceed $94,400.00 for the Project Special Assessments.
The Project Special Assessments includes all assessments for the improvements to
Cavanaugh Drive and Fourth Avenue, including the 12-inch water main to the Property, and
also includes the Service Line Assessment, but does not include any assessments for the
Pond Assessment, which is separate from and in addition to the Project Assessments.
10. Waiver of Improvement Hearing. JLD Investments and Northland each waives notice of
hearing and waives the right to the hearing required by Minnesota Statutes, Section 429.031
on the Project Special Assessments, Pond Assessment and Service Line Assessment to be
levied on the Property.
11. Waiver of Appeal. JLD Investments and Northland each waives any and all rights to appeal
or otherwise contest or challenge the levying of the Project Special Assessments, Pond
Assessment or Service Line Assessment in the maximum amounts set forth in this
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Agreement, including but not limited to the right to challenge whether the increase in fair
market value resulting from the Project, use of the City Pond and service lines is at least
equal to the amount of the respective special assessments and that such increase in fair
market value is a special benefit to the Property. JLD fuvestments and Northland further
agree 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.
12. Reapportionment of Assessments. The improvements to Fourth Avenue, not including the
improvements for the Service Line Assessment, constitute approximately 90 percent of the
total of the Project Special Assessments less the Service Line. Assessment, and the
improvements to Cavanaugh Drive approximately constitute the remaining 10 percent. The
parties expect that any future subdivision of the Property would divide the Property into the
North Half and the South Half. Upon such subdivision, JLD requests and the City agrees to
apportion the unpaid balance of the Project Special Assessments between the North Half
and South Half as follows: (a) the amount apportioned to the North Half shall be calculated
by taking the unpaid balance of the Project Special Assessments, less any unpaid balance on
the Service Line Assessment, and multiplying the difference by 10 percent to arrive at the
Project Special Assessments to be apportioned to the North Half; in addition, 100 percent of
the unpaid balance of the Pond Assessment shall be apportioned to the North Half; and (b)
the amount apportioned to the South Half shall be the portion of the unpaid balance of the
Project Special Assessments, including the Service Line Assessment, which is not
apportioned to the North Half. JLD waives its right to appeal from the apportionment of
assessments as provided in this paragraph.
13. Restoration. After the Project has been constructed, the City will return the portion of the
Property disturbed by the construction to the condition that existed prior to the construction.
The City will replace any existing improvements, including but not limited to trees, shrubs,
sod and landscaping and repair damage to the Property that occurred during construction of
the Project in accordance with ordinary City policies.
14. Indemnity. City agrees to defend, indemnify and save harmless JLD, its officers, agents and
employees, against all suits, demands, causes of action, liabilities, or claims thereof for
injury or damages of whatever nature, including death, or damage to property arising out of
or related to the construction activities of the City, its agents, employees, licensees or
contractors, their agents or employees on the Property during the term of the temporary
easements acquired in the Condemnation Action. The City's obligation to defend and
indemnify JLD under this paragraph is limited to suits, demands, causes of action, liabilities
or claims of which the City is notified in writing prior to December 31,2006.
15. Binding Agreement. The ea5cfficntB, covenants, waivers and agreements contained in the
Agreement shall run with the Property and shall bind future owners of the Property and the
heirs, successors and assigns of JLD Investments.
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16. Memorandum of Agreement. The parties agree to execute and record in the land records of
Scott County, Minnesota a Memorandum of Agreement that summarizes the terms of this
Agreement.
17. No Waiver of Development Fees. Nothing in this agreement is intended to affect any
payments (other than those expressly addressed in this agreement) that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
IN WITNESS of the foregoing, the parties have executed this Agreement as of the date written
above.
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Signature Page for City
CITY OF SHAKOPEE
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2004. by John Schmitt, Mayor; Mark McNeill; City Administrator and Judith S. Cox, City Clerk of
the City of Shako pee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
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6
Signature Page for JLD Investments
JLD Investments, LLC
a Minnesota Limited Liability Company
By
Its
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknovvledged before me this day of
, 2004, by , the of JLD
Investments, LLC, a Minnesota limited liability company, on behalf of said limited liability
company.
Notary Public
My Commission Expires:
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7
Signature Page for Northland
Northland Forest Products, Inc.
By
Its
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
, 2004, by , the of Northland
Forest Products, Inc., a corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (JJT)
200 South Sixth Street
470 Pillsbury Center
Minneapolis, MN 55402
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8
EXHmIT A
Legal Description of Property
All that part of the Southeast Quarter of the Northeast Quarter of Section 6, Township 115
North, Range 22 West, Scott County, Minnesota lying South of the Southerly boundary of the
railroad right-of-way of Chicago, St. Paul, Minneapolis and Omaha Railroad except those
portions thereof described as follows:
Exception No.1: That portion of said Quarter Quarter lying East of the following described line:
Commencing at a point on the South right-of-way line of the railroad South 79 degrees West
200.9 feet from an iron pin located on the East line of said Section about 1260 feet North of the
East Quarter comer of said Section; thence South 79 degrees West along said railroad right-of-
way a distance of 250 feet; thence Southeast at right angles a distance of 328 feet; thence
Southerly parallel with the East line of said Quarter Quarter to the South line of said Quarter
Quarter of terminating.
Exception No.2: That portion of said Quarter Quarter described as follows: Commencing at the
intersection of the South line of said railroad right-of-way with the West line of said Quarter
Quarter; thence South along said West line of said Quarter Quarter a distance of 525.85 feet;
thence East at right angles a distance of 387.4 feet; thence North at right angles a distance of
601.25 feet to the South line of said railroad right-of-way; thence Southwesterly to the point of
beginning.
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EXHIBIT B I
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em PROJECT NO. 2003-3 EXHIBIT B
;t~: :~~:l~::g~ NORTHLAND I - ~ODUCTS AREA MAP SHEET 1 OF 7D SHEETS
Exhibit C to Agreement, cont'd
EXHIBIT C
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
City of Shakopee, a Minnesota municipal File No. 2004-01069
corporation,
Petitioner,
STIPULATION OF
vs. SETTLEMENT
Shakopee 62 Partnership, a Minnesota
partnership; et aI.,
Respondents.
THIS STIPULATION IS MADE as of , 2004 by and between Petitioner
City of Shakopee ("City") and Respondents JLD Investments, LLC ("JLD") and Northland Forest
Products, Inc. ("Northland"), each of whom is acting by and through their respective attorneys.
Recitals
A. JLD is the fee owner of certain real property located at 205 Cavanaugh Drive,
Shakopee, Minnesota, which is identified as Parcel 7 in this action (the "Property").
B. Northland is a tenant in occupation of the Property.
C. The City commenced this action for the purpose of acquiring certain easements over
and across the Property, as further described in the attached Exhibit A (the ~~Easements"). Pursuant
to Minn. Stat. 9 117.042 and an order of this Court, the City acquired the Easements by depositing
its approved appraised value in the amount of $23,400.00 (the "Deposited Funds") with the Scott
County District Court.
D. The parties desire to settle and compromise the claims in this action.
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C-l
Exhibit C to Agreement, cont'd
Terms of Agreement
1. Settlement Amount. The parties stipulate that the court-appointed commissioners
shall enter an award in the amount of $25,000.00 as just compensation for the Easements taken by
this action, in substantially the form of the attached Exhibit B. No award for reimbursement of
appraisal fees shall be made to either JLD or Northland. Northland waives any and all rights to
compensation for the taking in this action and stipulates that the commissioners may enter an award
of$O.OO in favor of Northland.
2. Contingency. This stipulation is contingent upon the entry of an award by the court-
appointed commissioners consistent with the provisions of the preceding paragraph, and expiration
of the applicable appeal period without an appeal by any party respondent.
3. Payment. Within 10 days after expiration of the applicable appeal period, the City
agrees to pay the entire $25,000.00 by check jointly to JLD and its mortgagee.
4. Deposited Funds. JLD waives any claim to the Deposited Funds and agrees that the
City may make an ex parte request for the release ofthe Deposited Funds to the City, after the City
has made the payment required by the preceding paragraph.
5. Waiver of Appeal and Claims. Both parties waive the right to appeal from the final
award of commissioners entered pursuant to this stipulation. JLD and Northland each waive and
release all other claims that either might have made in this action, including without limitation,
claims for additional just compensation, interest, attorney's fees or reimbursement of appraisal fees.
6. Final Certificate and Discharge of Lis Pendens. After expiration of the time to
appeal from the award of commissioners, the City agrees to promptly file and record its final
certificate and a discharge of the notice of1is pendens against the Property.
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Exhibit C to Agreement, cont'd
7. The parties acknowledge that this Stipulation is entered into as part of a separate
settlement agreement dated , 2004 by and among the parties, which settlement
agreement addresses additional matters not relevant to the instant action. The parties agree that any
breach of tenns in the separate settlement agreement that are not restated in this Stipulation shall not
be grounds for re-opening the condemnation action.
KENNEDY & GRA YEN, CHARTERED
By
Corrine H. Thomson (#149743)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR PETITIONER
CITY OF SHAKOPEE
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
By
Larry D. Martin (#220553)
1500 Wells Fargo Plaza
7900 Xerxes A venue South
Bloomington, MN 55431
(952) 835-3800
ATTORNEYS FOR RESPONDENTS
JLD INVESTMENTS, LLC. AND
NORTHLAND FOREST PRODUCTS, INC.
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Exhibit C to Agreement, cont'd
EXHmIT A
Parcel 7
(Abstract Property (Tax No. 27-906-0520)
Property Address: 205 Cavanaugh Drive, Shakopee, Minnesota.
Description of Subi ect Property:
All that part of the Southeast Quarter of the Northeast Quarter of Section 6, Township 115
North, Range 22 West, Scott County, Minnesota lying South of the Southerly boundary of
the railroad right-of-way of Chicago, St. Paul, Minneapolis and Omaha Railroad except those
portions thereof described as follows:
Exception No.1: That portion of said Quarter Quarter lying East of the following described
line: Commencing at a point on the South right-of-way line of the railroad South 79 degrees
West 200.9 feet from an iron pin located on the East line of said Section about 1260 feet
North of the East Quarter comer of said Section; thence South 79 degrees West along said
railroad right-of-way a distance of250 feet; thence Southeast at right angles a distance of328
feet; thence Southerly parallel with the East line of said Quarter Quarter to the South line of
said Quarter Quarter and there terminating.
Exception No.2: That portion of said Quarter Quarter described as follows: Commencing at
the intersection of the South line of said railroad right-of-way with the West line of said
Quarter Quarter; thence South along said West line of said Quarter Quarter a distance of
525.85 feet; thence East at right angles a distance of387.4 feet; thence North at right angles a
distance of 601.25 feet to the South line of said railroad right-of-way; thence Southwesterly
to the point of beginning.
Description of Taking:
A permanent easement for public right of way purposes over, under, across and through that
part of the Subject Property which lies Southerly of a line drawn parallel with and distant
40.00 feet Northerly of the South line of said Southeast Quarter of the Northeast Quarter,
which lies Easterly of the existing permanent utility and drainage easement per Document
No. 263013.
A permanent non-exclusive easement for utility and drainage purposes over, under, and
across and through the North 10.00 feet of the South 50.00 feet of that part of the Subject
Property which lies Easterly of the existing permanent utility and drainage easement per
Document No. 263013.
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Exhibit C to Agreement, cont'd
A permanent non-exclusive easement for utility and drainage purposes over, under, across
and through the North 20.00 feet of the Subject Property.
A permanent non-exclusive easement for utility and drainage purposes over, under, across
and through the South 6.00 feetofthe North 26.00 feet ofthe East 10.00 feet of the Subject
Property.
A temporary easement for construction purposes over, under, across and through the North
5.00 feet of the South 55.00 feet of that part of the Subject Property, which lies Easterly of
the existing permanent utility and drainage easement per Document No. 263013.
A temporary easement for construction purposes over, under, across and through the South
10.00 feet of the North 30.00 feet, ofthe Subject Property, except the East 10.00 feet of the
South 6.00 feet oftheNorth 26.00 feet of Subject Property.
A temporary easement for construction purposes over, under, across and through the South
10.00 feet of the North 36.00 feet of the East 15.00 feet of the Subject Property.
Said temporary easements shall expire on December 31, 2005.
Names and Description oflnterests to be Acquired:
Notwithstanding the following attempt to identify all interests held by a party named herein, it is
Petitioner's intention to acquire or encumber all interests owned by the named respondents in the
above-described real estate, except that this taking is subject to all existing easements in favor of the
City of Shako pee or the Shakopee Public Utilities Commission and to easements of record
Name Nature oflnterest
JLD INVESTMENTS, LLC, a Minnesota limited liability Fee owner
company
U.S. Bank National Association, tka Firstar Bank of Mortgagee
Minnesota .
Northland Forest Products, Inc., a Minnesota corporation Tenant
Centerpoint Energy Resources, Corp., a Delaware Easements
corporation, tka Minnesota Valley Natural Gas Company, a
Minnesota corporation
Parties named as to Parcel 13 Appurtenant Easement
Shakopee Council 1685 Home Association, Inc. of the Agreement
Knights of Columbus, a Minnesota non-profit corporation
City of Shakopee Special Assessments; easements
County of Scott Real Estate Taxes
All other parties unknown having any right, title, or interest in Possible Holders of an Interest
the subject properties described herein together with unknown
heirs or devisees and spouses, if any.
. ... U ~
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C-5
Exhibit C to Agreement, cont'd
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
City of Shakopee, a Minnesota municipal File No. 2004-01069
corporation,
Petitioner,
FINAL AWARD OF
vs. COMMISSIONERS
AS TO PARCEL 7
Shakopee 62 Partnership, a Minnesota
partnership; et a!.,
Respondents.
The undersigned Commissioners, appointed by the above-named Court, having qualified
according to law, hereby make the following award with respect to Parcel 7 in the above-captioned
matter:
TO:
JLD Investments, LLC, a Minnesota limited liability )
company )
) $25,000.00
U.S. Bank National Association, fka Firstar Bank of )
Minnesota )
)
TO:
Northland Forest Products, Inc., a Minnesota
corporation
Centerpoint Energy Resources, Corp., a Delaware
corporation, fka Minnesota Valley Natural Gas
Company, a Minnesota corporation
Parties named as to Parcel 13
CAH-245212v5
SH!55-!4!
C-6
Exhibit C to Agreement, cont'd
TO:
Shakopee Council 1685 Home Association, Inc. of )
the Knights of Columbus, a Minnesota non-profit )
corporation )
City of Shakopee ) $ 0.00
County of Scott )
All other parties unknown having any right, title, or )
interest in the subject properties described herein )
together with unknown heirs or devisees and )
spouses, if any. )
We further report that each of the undersigned commissioners viewed the real estate; that a
hearing was held on , 2004, after due notice, at which an opportunity was provided
for all interested parties to present evidence; and that the award herein was made based upon a
stipulation of the parties.
No award is made for reimbursement of appraisal fees.
The legal description of Parcel 7 and the taking, as amended by stipulation ofthe parties
and order of the court, is attached hereto as Exhibit A.
Dated: ,2004.
Joseph Cade, Commission chair
Ed Bowler, Commissioner
Jeffrey Hennen, Commissioner
CAH-245212v5
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C-7
Exhibit C to Agreement, cont'd
EXHffiIT A
Parcel 7
(Abstract Pronertv' (Tax No. 27-906-0520)
Property Address: 205 Cavanaugh Drive, Shakopee, Minnesota.
Description ofSubiect Property:
All that part of the Southeast Quarter of the Northeast Quarter of Section 6, Township .115
North, Range 22 West, Scott County, Minnesota lying South of the Southerly boundary of
the railroad right-of-way of Chicago, St. Paul, Minneapolis and Omaha Railroad except those
portions thereof described as follows:
Exception No.1: That portion of said Quarter Quarter lying East of the following described
line: Commencing at a point on the South right-of-way line of the railroad South 79 degrees
West 200.9 feet from an iron pin located on the East line of said Section about 1260 feet
North of the East Quarter corner of said Section; thence South 79 degrees West along said
railroad right-of-way a distance of250 feet; thence Southeast at right angles a distance of328
feet; thence Southerly parallel with the East line of said Quarter Quarter to the South line of
said Quarter Quarter and there terminating.
Exception No.2: That portion of said Quarter Quarter described as follows: Commencing at
the intersection of the South line of said railroad right-of-way with the West line of said
Quarter Quarter; thence South along said West line of said Quarter Quarter a distance of
525.85 feet; thence East at right angles a distance of387.4 feet; thence North at right angles a
distance of 601.25 feet to the South line of said railroad right-of-way; thence Southwesterly
to the point of beginning.
Description of Taking:
A permanent easement for public right of way purposes over, under, across and through that
part of the Subject Property which lies Southerly of a line drawn parallel with and distant
40.00 feet Northerly of the South line of said Southeast Quarter of the Northeast Quarter,
which lies Easterly of the existing permanent utility and drainage easement per Document
No. 263013.
A permanent non-exclusive easement for utility and drainage purposes over, under, and
across and through the North 10.00 feet of the South 50.00 feet of that part of the Subject
Property which lies Easterly of the existing permanent utility and drainage easement per
Document No. 263013.
A permanent non-exclusive easement for utility and drainage purposes over, under, across
and through the North 20.00 feet ofthe Subject Property.
CAH-245212v5
SH155-141
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Exhibit C to Agreement, cont'd
A pennanent non-exclusive easement for utility and drainage purposes over, under, across
and through the South 6.00 feet ofthe North 26.00 feet ofthe East 10.00 feet of the Subject
Property.
A temporary easement for construction purposes over, under, across and through the North
5.00 feetofthe South 55.00 feet of that part of the Subject Property, which lies Easterly of
the existing permanent utility and drainage easement per Document No. 263013.
A temporary easement for construction purposes over, under, across and through the South
10.00 feet of the North 30.00 feet, of the Subject Property, except the East 10.00 feet of the
South 6.00 feet of the North 26.00 feet of Subject Property.
A temporary easement for construction purposes over, under, across and through the South
10.00 feet of the North 36.00 feet of the East 15.00 feet of the Subject Property.
Said temporary easements shall expire on December 31, 2005.
Names and Description of Interests to be Acquired:
Notwithstanding the following attempt to identify all interests held by a party named herein, it is
Petitioner's intention to acquire or encumber all interests owned by the named respondents in the
above-described real estate, except that this taking is subject to all existing easements in favor of the
City of Shakopee or the Shakopee Public Utilities Commission and to easements of record
Name Nature of Interest
JLD INVESTMENTS, LLC, a Minnesota limited liability Fee owner
company
U.S. Bank National Association, fka Firstar Bank of Mortgagee
Minnesota
Northland Forest Products, mc., a Minnesota corporation Tenant
Centerpoint Energy Resources, Corp., a Delaware Easements
corporation, fka Minnesota Valley Natural Gas Company, a
Minnesota corporation
Parties named as to Parcel 13 Appurtenant Easement
Shakopee Council 1685 Home Association, mc. of the Agreement
Knights of Columbus, a Minnesota non-profit corporation
City of Shakopee Special Assessments; easements
County of Scott Real Estate Taxes
All other parties unknown having any right, title, or interest in Possible Holders of an mterest
the subject properties described herein together with unknown
heirs or devisees and spouses, if any.
CAH-245212v5
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