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Home My WebLink About96-090 Traxler vs City 25-935-029-0 O .. <~,~ // iJ~i ~ /'/ i ., . CLl,vtv ~ll I y ~ \<-/," 1,.- ""'. "'-' ~ ~\ v~ ~ - i) O'v- _ Ct 4 /1c k V' - _ ?C<.,\?h - " - Sv,t~aV\- - TO: FROM: SUBJECT: DATE: Mayor and City Council (\f\,(\ Frank Boyles, City Manag~r .-\ vi \1 Norb Traxler Claim December 13, 1996 Norb Traxler has asked the City to purchase from him a 60' x 70' parcel he owned on Watzl's Point because the City, without an easement, installed a lift station and sewer line on the property. The sewer line and lift station were built in 1974. Attached to this memorandum is correspondence which will provide the Council with the history of this claim. Suesan Pace requests that she be given authority to negotiate a settlement of up to $2,000. If Mr. Traxler does not agree with the settlement then Ms. Pace is requesting that the Council grant up to $1,000 to complete an appraisal using an appraiser that Mr. Traxler has used before. With such data, the Council will be able to decide whether to accept a counter offer from Traxler or e property. The latter option invo ves allegal In the absence of direction to the contrary, we will proceed as outlined above. ~ H:\CMANAGER\MEMOiTRAX .DOC O'NEILL, TRAXLER, ZARD, NEISEN & MO 11lrfg @ @ OW@ ~ '~n , Lt~. ; OCI6. \ ATTORNEYS AT LAW LAW BUILDING 222 EAST MAIN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA 56071 ROBERT O. O'NEIU Phone: (612) 758-2568 NORBERT B. TRAXLER Fax.: 758-2599 STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS December 13, 1996 Ms. Susan Pace Attorney at Law Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 RE: Prior Lake Lift Station Dear Ms. Pace: I apologize to you since my letter was subject to misinterpreta- tion. I agree that you have been in touch with me and we have had numerous conversations regarding the lift station matter. My quarrel is with the City of Prior Lake and their lack of response that would have resolved this matter some time ago. I do recall the City staff months ago having visited the property with various departments representing. I also have letters from you asking for more patience so that the City could further review the matter. It was my perception that the City, not you, were ignoring my complaint. with respect to your letter of December 12, I think it would be appropriate to point out that my title to the property is a registered torrens certificate which I believe qualifies it as an exception to the Larson case which you cited. I would be more than happy to sit down and meet with you and City officials responsible for resolving this situation. Please contact my office to arrange a time. Yours very truly, O'NEILL, TRAXLER, ZARD, wE:. LTD. ~~ert B. TraXl~ NBT/cln cc: Frank Boyles, City Manager D9n Rye,Planning Director Lee Andren, Mayor Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.__ . Attorneys at Law ".. ~ (612) 452-5000 AruJre, M,rJDIL.. p,", F (612) 452,5550 Matthew K. S~* ax John F. Kelly Marguerite M. McCarron n December 12, 1996 !fDi[g~ [g'B-. jg I~ DECI3_1\ in Mr. Norbert Traxler Attorney at Law 222 East Main Street, P.O. Box 105 New Prague, MN 56071 RE: City of Prior Lake / Prior Lake Lift Station Our File No. 3693/058 Dear Mr. Traxler: I am in receipt of your December 6, 1996 correspondence, taking exception to three factual determinations regarding your 60-foot parcel, PIN No. 25-935-0290. I have invited you on more than one occasion to meet at City Hall to discuss why your lot is not, and never has been buildable. I understand your strategy in maintaining the lot is buildable. However, regardless of your tenacity, we are prepared to meet with you to explain the basis for our conclusion. The simplest explanation is that you granted the City a lake access easement across the entire parcel, which makes the issue of whether itwas ever buildable moot. Further, the City has by operation of law acquired a prescriptive easement for the lift station. Larson v. Amundson, 414N. w: 2d 413 (Minn. App. 1987); Minnesota Statute ~541.02 (1986). My letter to you dated December 4, 1996 indicated that I was seeking direction from the City Manager and City Council on this matter. As I've told you, I do not have authority to negotiate any type of settlement with you until I have that input. Before concluding I would like to set the record straight. You and I have had numerous conversations concerning the lift station matter, as well as exchanging correspondence. The statement in your December 6, 1996 letter that "I also believe six months without any response is more than adequate time to resolve this matter" is absolutely untrue, as. you well know. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS,P.A. By: .~ ~ ?a.-uL- , Suesan Lea Pace cc: Frank Boyles, City Manager Don Rye; Pla""D~ Lee Andren, Mayor . .. Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 O'NEILL, TRAXLER, ZARD, NEISEN & MORRIS, Ltd. A.TrORNEYS A.T LAW LAW BUILDING 222 EAST MA.lN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA 56071 ROBERT O. O'NEILL NORBERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS Pho"": (612) 758-2568 RECaVEt18-2599 December 6, 1996 r nFr. ., 0 t()Q~ Q1Y OF PRIOR LAKE Ms. Susan Pace Attorney at Law suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 RE: Prior Lake Lift Station Dear Susan: I disagree with your determination of facts 2, 3 and 4 as stated. I also believe six months without any response is more than adequate time to resol ve this matter. If I do not have a commitment from the City to restore and relocate, a lawsuit will be commenced. Yours very truly, O'NEILL, TRAXLER, ZARD, NEISE J:l-~ ~ Nor ert B. Traxler NBT/cln cc: Frank Boyles, City Manager Don Rye, Planning Director Lee Andren, Mayor CAMPBELL, KNUTSON, SCOTT & FUCHS, EA. Attorneys at Law Thomas J. Camphell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. W,tlston Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 AnJrea McDowell Poehler Matthew K. Brokl* John F. Kellv Marguerite M. McCarro~ Gemge T. Stephenson *.-\I~I lic~nSl.J In 'X'i-,con",m MEMORANDUM December 4, 1996 FROM: Frank Boyles, City Manager ~ Suesan Lea Pace, CIty Attorney Attornev-Client Privileged Prepared in AnticiDation of Litil!ation TO: RE: Prior Lake Lift Station / Norbert Traxler I received a telephone call from Norbert Traxler in late July advising of the existence of a lift station on a 60-foot wide strip of lakeshore property presently owned by Mr. Traxler. It has taken us quite some time to determine the facts because the property is encumbered by nine (9) easements. We did not find a utility easement granted in favor of the City, but there is an easement granted in favor of the City for lake access across the entire property. Mr. Traxler telephoned me again to discuss the matter further and at that time he placed a value of $60,000 on what he claimed was a buildable lot, and requested that the City purchase the property. At your request, John Wingard, Don Rye and Ralph Teschner provided comments regarding the status of the property. These memoranda are attached. Although the exact date the lift station was constructed on the property, and the ownership of the property when the lift station was constructed have not been identified, John Wingard has verified that a City-owned lift station is located on the property. Don Rye indicates the lot is not buildable. Ralph Teschner verified that fees for lateral sewer and water have not been assessed against the property . Even though the property is not buildable, the construction of the lift station without an easement constitutes a trespass upon the property. The City has three options: 1. Remove the lift station; CU\ ~rne..rrt- 2. Purchase the 60 f50t 3H'i~ or 3. Condemn an easement. As you know, this matter has been pending approximately 6 months with the acquiescence of Mr. Traxler to allow the City time to determine the facts and make a Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, ~lN 55121 Boyles, Frank Attorney-Client Privileged December 4, 1996 Page 2 of 2 recommendation to the City Council. On November 27, 1996, Mr. Traxler sent me a letter demanding the City remove the lift station prior to the 1997 "lake season" and make some shoreline repairs based on unsubstantiated allegations that a City storm sewer caused shoreline erosion. You will recall, I viewed the site with you, John Wingard and Ralph Teschner earlier this fall. I have asked my partner, Elliott Knetsch to work with me on this matter in the event of litigation. I would like to meet with you and the City Council for the purpose of recommending the City either negotiate the purchase of an easement from Mr. Traxler, or that the City condemn an easement. I would also like authority to obtain an appraiser to determine the value of the property, at a cost not to exceed $1,000. I propose to obtain the appraiser Mr. Traxler retained in connection with the Haferman special assessment appeal. It would appear somewhat inconsistent if Mr. Traxler tried to attack the credibility of an appraiser he used on behalf of a client. cc: Mayor Lee Andren City Council Elliott Knetsch 09/16/96 MON 08:05 FAX 6124474245 CITY OF PRIOR LAKE [4J 002 .INTEROFFICE MEMORANDUM TO: FROM: RE: DATE: Frank Boyles, City'Manager 1Or___ Ralph Teschner, Finance Director ~ Watzl's Point Parc:el (N. Traxler) September 6, 1996 The 60' parcel adjacent to Lot] Red Oaks is a metes and bounds described lot (pIN #25 935029 0) that Mr. Norb Traxler acquired in 1977. Oliver H. Hannen was the property owner at the time sewer and water utilities were installed under Project 73-6. City assessment roll records indic:ate that the land, which originally existed as part of a tract identified by the old PL2-269 parc:el number, shoHJS no IllleTl11 sewer and wate' assessment charge. The parcel was assessed ,a trunk ac:rcage fee only of S!OO.OO/acre in 1974. Typically such parcels were not assessed a lateral charge on the basis that it was not considered to be buildable either due to lack of ac:cess such as in the instancc of being land-locked or unbuildable because of topographical restraints. it appears the former may have becn the basis of consideration at the time the assessment roll was prepared. It also may be the case, that because this parcel was split off in 1977, it may have oc:c:ured as an illegal, unapproved subdivision of land thereby renderins it an unbuildable lot. The Planning Department should be able to verify this. 16200 Ea~ S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPOFtTUNI'TV EMPLOYER -09/16/96 MON 08:05 FAX 6124474245 CITY OF PRIOR LAKE 141003 MEMORANDUM DATE: September 12, 1996 TO: Frank Boyles FROM: Don Rye SUBJECT: Traxler property I have reviewed the material ~rr. Traxler submitted and have looked into City and County records concerning this property and have reached the tollowing conclusions: . The property was the subject of a title registration proceeding in 1981. . No Registered Land Survey was created as part of the title registration. . The ownership described in the title registration did not comply with minimum ordinance requirements in 1981 nor does it now. . . There is no record of the City approving the creation of a parcel identical to the ownership interest described in the title registration proceeding. . Not only is there D.Ql.a buildable lot in existence, there is no separate parcel of record approved by the City. . It appears that the County recorded the Certificate of Title without the City's knowledge or approval. . The City has been granted an easement over the entire ownership interest described in the Certificate of Title for lake access puzposes. . Even if the "lot" had been legally created, the easement over the entire parcel would render it unbuildable. . Mr. Traxler does not now have, nor has he ever had, a buildable lot. If there is a reasonable solution here, it seems that it would involve a refund of any sewer and water assessments. We don't need to buy it because we already have an easement over the entire parcel, unless there is other information ~hich I don't have that says otherwise. TRAXLOT.DOCIFB 09/18/98 HON 08:05 FAX 8124474245 CITY OF PRIOR LAKE 141 004 MEMO FRANK BOYLES, CITY MANAGER JOHN WINGARD, ASSIST ANT CITY ENGINEER SEPTEMBER 13, 1996 RE: NORB TRAXLER CORRESPONDENCE WITH RESPECT TO W ATZL POINT PARCEL TO: FROM: DATE: ~PvJ The City's survey crew located the lift station and storm sewer line on September 5, 1996, and detennined that the lift station and storm sewer lines are located on the 60' wide parcel identified on the half section maps as Cert. ] 3257. During our research, we did not locate a drainage and utility easement for the facilities that are on the 60' wide parcel. Ifmore research is needed to verify this let us know. We did find a copy of an access easement across the 60' strip ofland adjacent to Lot 1 of Red Oaks. During our inspections of the site, we did not observe any erosion problems which are referenced in Mr. Traxler's letter dated August 14, 1996. Perhaps Mr. Traxler could meet with us at the site and explain to US his concerns. 162dtffa~Ym-~lf~. S.E., Prior Lake, Minnesota 55372.1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAl. OPPOR11JNrTY EMPLOVER Thomas J. Campbdl Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace CAMPBELL, KNUTSON, SCOTT & FUCHS,(N:0 Attorneys at Law l0 (( ) }~/") \\ ~ ~1t\ (612) 452~5000 AndreaMc IwellPo' er F (612) 452~55 ~O Matthew K. B kl* ax) John F. Kelly Marguerite M. McCarron George T. Stephenson . Also licens.:J in Wisconsin December 4, 1996 Mr. Norbert B. Traxler, Esq. O'Neill, Traxler, Zard, Neisen & Morris, Ltd 222 East Main Street P.O. Box 105 New Prague, MN 56071 Re: City of Prior Lake / Prior Lake Lift Station Our File No. 3693/058 Dear Norbert: I was surprised to receive your letter dated November 27, 1996 concerning the lift station on your property. It was my impression you understood that it would take some time to determine the applicable facts concerning the 60-foot strip of lakeshore property you acquired in order to have lake access for recreational purposes. While I can understand your frustration that this matter has taken some time to resolve itself, I would ask you also to understand I will not propose any course of action to the City until we understand all of the pertinent facts. The facts available to us at this time are as follows: 1. It appears that there is no utility easement granted in favor of the City for the property you currently own, but there is a 60- foot wide access easement in favor of the City. It took us some time to independently verify this fact. 2. The property is not a buildable lot. 3. The City assessment rolls show no lateral sewer and water assessment charges. 4. There is no evidence that any action on the part of the City has caused shoreline erosion. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Traxler, Norbert December 3, 1996 Paee 2 of 2 What has made this !llatter somewhat contentious from my perspective is the valuation you have put on the property ($60,000). I have suggested a course of action to the City Manager who will review the options with the City Council. In addition, I have requested authorization from the City Manager to retain an appraiser to determine the value of the 60-foot strip. I have also asked one of my partners, Elliott Knetsch, to assist me with this matter in the event an agreeable solution cannot be reached. I think you already know Elliott. At the present time, your proposal that the City remove the lift station prior to the commencement of the 1997 "lake season" is unacceptable. Due to the fact that it appears you have recently become quite impatient to conclude this matter, I hope to be able to present a resolution to you shortly. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Suesan Lea Pace Prior Lake City Attorney SLP:kgm cc: Frank Boyles, City Manager Mayor Lee Andren City Council Elliott Knetsch O'NEILL, TRAXLER, ZARD, NEISEN & MORRIS, Ltd. ATTORNEYS AT LAW LAW BUILDING 222 EAST MAIN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA 56071 ROBERT O. O'NEIll NORBERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS Phone: (612) 758-2568 RECaVEE18-2599 December 6, 1996 'nFr."' 0 tQQ~ cnv OF PRIOR LAKE Ms. Susan Pace Attorney at Law Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 RE: Prior Lake Lift Station Dear Susan: I disagree with your determination of facts 2, 3 and 4 as stated. I also believe six months without any response is more than adequate time to resolve this matter. If I do not have a commitment from the City to restore and relocate, a lawsuit will be commenced. Yours very truly, O'NEILL, TRAXLER, ZARD, NEISE U:;~~ ert B. Traxler NBT/cln cc: Frank Boyles, City Manager Don Rye, Planning Director Lee Andren, Mayor (~ I( ((~ CAMPBELL, KNUTSON, SCOTT & FUCHS, m ,,0; I!J \;::? Attorneys at Law /J /; Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Marguerite M. McCarron George T. Stephenson .. Also Iic~nscJ in Wisconsin December 4, 1996 Mr. Norbert B. Traxler, Esq. O'Neill, Traxler, Zard, Neisen & Morris, Ltd 222 East Main Street P.O. Box 105 New Prague, MN 56071 Re: City of Prior Lake / Prior Lake Lift Station Our File No. 3693/058 Dear Norbert: I was surprised to receive your letter dated November 27, 1996 concerning the lift station on your property. It was my impression you understood that it would take some time to determine the applicable facts concerning the 60- foot strip of lakeshore property you acquired in order to have lake access for recreational purposes. While I can understand your frustration that this matter has taken some time to resolve itself, I would ask you also to understand I will not propose any course of action to the City until we understand all of the pertinent facts. The facts available to us at this time are as follows: 1. It appears that there is no utility easement granted in favor of the City for the property you currently own, but there is a 60-foot wide access easement in favor of the City. It took us some time to independently verify this fact. 2. The property is not a buildable lot. 3. The City assessment rolls show no lateral sewer and water assessment charges. 4. There is no evidence that any action on the part of the City has caused shoreline erosion. Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Traxler, Norbert December 3, 1996 Page 2 of 2 What has made this matter somewhat contentious from my perspective is the valuation you have put on the property ($60,000). I have suggested a course of action to the City Manager who will review the options with the City Council. In addition, I have requested authorization from the City Manager to retain an appraiser to determine the value of the 60-foot strip. I have also asked one of my partners, Elliott Knetsch, to assist me with this matter in the event an agreeable solution cannot be reached. I think you already know Elliott. At the present time, your proposal that the City remove the lift station prior to the commencement of the 1997 "lake season" is unacceptable. Due to the fact that it appears you have recently become quite impatient to conclude this matter, I hope to be able to present a resolution to you shortly. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Suesan Lea Pace Prior Lake City Attorney SLP:kgm cc: Frank Boyles, City Manager Mayor Lee Andren City Council Elliott Knetsch Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace CAMPBELL, KNUTSON, SCOTT &. FUCHS, P.~ -...,.. Attorneys at Law fI' (612) 452-5000 Andrea McDowell Poehler Matthew K. Brokl* Fax (612) 452-5550 John F. Kelly Marguerite M. McCarron George T. Stephenson '* Also lic~n.seJ in Wisconsin December 12, 1996 Mr. Norbert Traxler Attorney at Law 222 East Main Street, P.O. Box 105 New Prague, MN 56071 RE: City of Prior Lake / Prior Lake Lift Station Our File No. 3693/058 Dear Mr. Traxler: I am in receipt of your December 6, 1996 correspondence, taking exception to three factual determinations regarding your 60-foot parcel, PIN No. 25-935-0290. I have invited you on more than one occasion to meet at City Hall to discuss why your lot is not, and never has been buildable. I understand your strategy in maintaining the lot is buildable. However, regardless of your tenacity, we are prepared to meet with you to explain the basis for our conclusion. The simplest explanation is that you granted the City a lake access easement across the entire parcel, which makes the issue of whether it was ever buildable moot. Further, the City has by operation of law acquired a prescriptive easement for the lift station. Larson v. Amundson, 414 N. W. 2d 413 (Minn. App. 1987); Minnesota Statute 9541.02 (1986). My letter to you dated December 4, 1996 indicated that I was seeking direction from the City Manager and City Council on this matter. As I've told you, I do not have authority to negotiate any type of settlement with you until I have that input. Before concluding I would like to set the record straight. You and I have had numerous conversations concerning the lift station matter, as well as exchanging correspondence. The statement in your December 6, 1996 letter that "I also believe six months without any response is more than adequate time to resolve this matter" is absolutely untrue, as you well know. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P .A. By: ~.u~ ?~ , Suesan Lea Pace cc: Frank Boyles, City Manager Don Rye, Planning Director Lee Andren, Mayor Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 O'NEILL, TRAXLER, ZARD, NEISEN & MORRIS, Ltd. A7TORNEYS AT LAW LAW BUILDING 222 EAST MAIN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA 56071 ROBERT O. O'NEILL PhoM: (612) 758-2568 NORBERT B. TRAXLER F=: 758-2599 STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS December 13, 1996 Ms. Susan Pace Attorney at Law Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 RE: Prior Lake Lift Station Dear Ms. Pace: I apologize to you since my letter was subject to misinterpreta- tion. I agree that you have been in touch with me and we have had numerous conversations regarding the lift station matter. My quarrel is with the City of PriorJ=:r.ake'and their lack of response that would have resolved this matter some time ago. I do recall the City staff months ago having visited the property with various departments representing. I also have letters from you asking for more patience so that the City could further review the matter. It was my perception that the City, not you, were ignoring my complaint. with respect to your letter of December 12, I think it would be appropriate to point out that my title to the property is a registered torrens certificate which I believe qualifies it as an exception to the Larson case which you cited. I would be more than happy to sit down and meet with you and City officials responsible for resolving this situation. Please contact my office to arrange a time. NBT/cln Yours very truly, O'NEILL, TRAXLER, ZARD, ,~NE ft:flk-r2 '... rbert'-B. Tri::/:':, '.. ,I "., .'. -:: ',( -.' ? 9J ,." . cc: Frank Boyles, City Manager Don Rye, Planning Director Lee Andren, Mayor , Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.#!:, '*' Attorneys at Law 1/ I (612) 452-5000 Andrea McDowell Poehler F (612) 452-5550 Matthew K. Brokl* ax John F. Kelly Marguerite M. McCarron George T. Stephenson * Also licensed in Wisconsin September 17, 1996 Mr. Norbert Traxler O'Neill, Traxler, Zard, Neisen & Morris, Ltd 222 East Main Street P.O. Box 105 New Prague, MN 56071 Re: Prior Lake Lift Station / Traxler Property 60-foot parcel (pIN No. 25-935-0290) Our File No. 3693/057 Dear Mr. Traxler: The purpose of this correspondence is to respond to your letters dated July 24, 1996 and August 14, 1996. Thank you for being patient while the City staff has researched the background relating to the 60-foot wide piece of property you own next to Lot 1, Red Oaks. I would ask that you be patient a little longer in order to allow time for me to obtain copies of the nine (9) easements noted on your Certificate of Title. Once I have had an opportunity to review the easements, I am confident we can bring this matter to a conclusion. Very truly yours, CAMPBELL, KNUTSON,SCOTT & FUCHS, P.A. By: s~~~ Suesan Lea Pace SLP:~ cc: Frank Boyles, City Manager Don Rye, Planning Director Suite 317 . Eagandale Office Center. 1380 Corporate Center Curve · Eagan, MN 55121 INTEROFFICE MEMORANDUM DATE: Frank Boyles, City Manager Ralph Teschner, Finance Director Watzl's Point Parcel (N. Traxler) September 6, 1996 TO: FROM: RE: The 60' parcel adjacent to Lot 1 Red Oaks is a metes and bounds described lot (PIN #25935029 0) that Mr. Norb Traxler acquired in 1977. Oliver H. Hannen was the property owner at the time sewer and water utilities were installed under Project 73-6. City assessment roll records indicate that the land, which originally existed as part of a tract identified by the old PL2-269 parcel number, shows no lateral sewer and water assessment charge. The parcel was assessed a trunk acreage fee only of $800.00/acre in 1974. Typically such parcels were not assessed a lateral charge on the basis that it was not considered to be buildable either due to lack of access such as in the instance of being land-locked or unbuildable because of topographical restraints. It appears the former may have been the basis of consideration at the time the assessment roll was prepared. It also may be the case, that because this parcel was split off in 1977, it may have occured as an illegal, unapproved subdivision of land thereby rendering it an unbuildable lot. The Planning Department should be able to verify this. 16200 &~M~k>~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER qb-D~{) TO: FROM: RE: DATE: Norb Traxler has conveyed two letters to the City indicating that in the 1970's a lift station and storm sewer were placed upon a parcel he owns in the Watzl Point area (see attached half-section map). We are in the process of further investigating this matter. For assistance with this issue, I am seeking the following materials from each of you: 1. Ralph, please confirm the dollar amount of the sewer and water assessments which were paid by the property owner, who paid them, and whether or not they constituted the assessments typically associated with a buildable parcel. 2. Don, please review your files to determine whether this parcel was considered in any way, shape, or form a buildable parcel. I am confused by the fact that this parcel is land-locked with its only access from a trail which has been barricaded to preclude vehicular access. It seems to me that there must be more history here than meets the eye. 3. Paul, please review your Park and Recreation records, especially with respect to the Watzl Point property acquisition and grant. I believe there may have been some agreement with respect to access to the property. 4. John, please confirm by survey whether the lift station and storm sewer line are on the Traxler property or the adjacent property, and whether or not any form of easement exists. So that Suesan can respond to Norb's concerns, provide me with your written information no later than Friday, September 13, 1996. I will then convey that data to Suesan. I would also appreciate your comments on Norb's proposed solution, which is to have the City buy the parcel at fair market value as a buildable 60 foot lot on Prior Lake. att. cc: Suesan Pace TRAXLER. DOC O'NEILL, TRAXLER, ZARD, NEISEN & MORRIS, Ltd. "'-", ATTORNEYS AT LAW LAW BUILDING 222 EAST MAIN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA 56071 PhaM: (612) 758-2568 F_: (612) 758-2599 ROBERT O. O'NEILL NORBERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS July 24, 1996 Ms. Susan Pace CAMPBELL, KNUTSON, SCOTT & POSCRS, P .A. Suite 3177 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 ". '. RE: Prior Lake Lift Station ","", . Dear Ms. Pace: I hope you have enjoyed your trip to Scotland and are ready to discuss resolutidn of the Prior Lake Lift Station. To evaluate ownership' and easements, 'I am enclosing a photocopy of the Owner's Duplicate together with documents that refer to City of Prior Lake easements as listed on the Memorial. After you have had an opportunity to review, please give me a call. NBT: tmb enclosures Yours very truly, 0' I ,TRAXLER, ZARD, EI e~!!!:xg~ ~wr' 1:1'. ~jJ G ~~ {)(~ U e-{crc,- ?f37- · ~ 1~ ,File No. ?4~ !} j-' ~ -1At\- ~ft)) ,,~ ( l' tI f ~.~ ~fiI t~ f: ir ~t , ~)_r ~"m . ~~ TRANSFER FROM NO. 10495 OJUg.&tall.y ILe.g-U.tel!.ed the 19th day 06 Septembel!. 1929 volume 1 page 142 IffiJE (fYi-II @'TrI1B&PJTlITcrD ~ (I' " . /1(,'/(, oi', 4~(,'1l II ('Jal". (t~tty 0/ Ycott (55 ) . /Y}Cd cj to ('(11'10/ dr,l NOlLbell.t B. TJLa)(..tel!. and Sluvton J. TJLa)(..tel!. ItU.6bana ana l<l<.Qe Gt.6 jO-uLt -<:enan.u. o/de 15680 F -U.hpo.ult Rd. SE 1(;~Ullly 0/ Scott ~J/{lf(.' Ihe {II"''''' _~_ "I ~m eJ(,,('; k ,,/1: 0/ .alla .Y7ak 1 PJUOIL Lake M.i.nne.\ ota ~h- (fl / .7N' Jl/1lllue. O/((1/{( ell de ;:'//""'11',7 ,IeJr",lr'! /" ",! jll"a("II'11 Ihr r (~II"~ 'I "1'.');;/1 ,,1It1 . %rlr 'I v/(,i,,"'j/lfl, It. Irt!, Beg-intWtg at the MutkeGt.6.tvr..tlj CaMel!. 06 Lot Nwnbel!.ed 1, Red Ow, GtCcoJr.d,(ng .to the plat thel!.eo6 on 6-Ue -in the 06 Q,i,ce 06 the CoWLty RecOIr.del!. -in <1nd 601L Scott CoWLty; thence NoJr.th 68' 03' Wut af.ong the -6outhell.ly t.i.ne 06 Lot Nwnbel!.ed 1, Red Oah.6 pW, a d-U..t<1nce 06 130 6eet mOlLe 0Ir. lU-6 to the ~holLe 06 P!l..i.OIL Lake; thence ~ou-thvr..ty af.ol1g the .take ~holLp. to a po.ur..t on a t.i.ne. ~a.U:l t.i.ne be-&tg paJLa.Ue( and 60 6eet -I>ou-tlWt.e.y Ou .:.au-th Wle 06 Lot 1, Red Ow pla.t; thence eGt-iltell.ly pGtlr.af..te.t to the ~outhell.ly t.i.ne 06 Lot 1 06 Red Ow pW , .to the wu.t t.i.ne 06 Reg-i.6tMed Lal1d SUltvey Nwnbelr. 22; thence NoJr.the/lly 011 wu:tvr..ty t.i.ne 06 ~a.U:l Reg-U..:telr.ed Lal1d SUltvey Nwnbelr. 22 to the po.ur..t 06 beg-intWtg. A.l..t Be-&tg pGtIr.t 06 GOVell.J1meJlt Lot 1, See,Uon 35, ToWl'L6h.ip 115, Range 22 Wut, Sco.:t:t COUJ1,ty, M.Utl1uota. ,%&"rl ", I/',. c''':ft,m'",,,,rt'), /'f.!~ a"d t',,.(,..,,t!JllIo(etl ~'1I/'t! "1I1t:..""",rtl "..tde"'lr.,tll~71. 01' ~eltwJ~d he1OeDn; tu&tL .uJ,i!r{ In It,. fillo"-""'~7 1'~r/dJ 0,. (O,,,u.ml"flJlnJ Ju/Jt.JtC,''',7-' (lJ /t.,DlI((/,.,1 in JI. Y...#. !/'tvliMt. J(J32;,; -"a,"t',?; I. y;,'IIJ, '';'''IIIJ, fI" "''Ii/l ,,,.,:,,,,'/ ,., ".uJltp~'H"'/'" It,.;'",:,) ,-, li,.,.,'n,),','"6,,n ill" 1/',,6"'/ .%II,J. ",~.,IIJ'JJ/"I"'"RnN'1/. ""'I",,,,.lnR#'n' 7""""',f.. 2. . o/j,. /""r." '/'''11'1 ~I.t' fI' _Jjtn~,,1 HJ.":JJ",,,nl/;, H:hirJ de In.",; hn.J n,J/.lr,.n J,/'I HI 1.1,. ,/,,/,- {Ii,. ,.,..,Iif;"'/e rflitk: .1, . ~~/'I !,."..,. (0; 'I fi,.,.,.,.,1 ",.1 no.,-,/'-",/IJ,.,." ,r""'.I ,,,,hrn lir,,' 'J n,/nnl,n"i'"lirn i'li,. jt"'INlJrJ Ih"",'"n,k,: H. ..':/1/ "'rill 'II fill;!'., i'rill-"'!.! ''fi'1I li,- t,,,,/'. :i. . '/,;,;{ "'ithl '/'''1'/".,,/',., "~'IIt. "Ap,w, "IItI IrwlrJIIJ, (~'p&ro6(11l. IIJ iJ (I1/,1t,~.(11y IhiJ rJ",PklC; 6. . i"2" ",~tf/l ,j'"n.'I fir,J"" ;P 1"._urJ,w"-" "~(/,,. ,t,.,-,I", ,.,.nl",,./ f, ""r,1 f'I'JIII Ii,. """nr, ,,;'IJI'J ,,',liffYtlr1Iia.. NoltbeJr..t B. TJUtXf.eIr. and Sluvr.on J. TJLa)(..tel!. ..l;,,/ It, )0,,/ ~m"',,"'/ to each othelr. aJ>~./ ~J' 42 & 40 . "I the ".9" 'i - .r''OI'J. "N.I~"".I"--1!lL- ....""'/,t~. In ,BJitntll9 ,fDhmof. .f In... I.,.."",," JNI".,.J.d HI}' ,un,,, '1Hd ";;:",,,,1 d. -( r/ "'j' cjJ"'. tk. 22nd ...."" ,(, July I~ _ r'~tJ. ~n.~~ PAUL \\. WERi\IERSKIRCliEN RF:GISTlUR OF TITLES ..1.. ""d /;." tIr. ~",n,t:t 0/ !f:.-,tt and .9t".Ie oJ'.,/(innelDlu. .'21:1 Nn./"'...Dav,. co.. ........U:....OLI. "C-~ ' ,,~ ~ .""!, .. .c:~ ,~ ^" MEM~ilAL . tJ; r%;ta!ej, r!ajCJI1e,z/j 01' (01:((.7.0 OIl d~ ~'Jl<! rkJrnled en the C(fe",o/icakl t/ ~Ie he..ew altarkd. DOCUM[NT KIND OJ' OAT OF" REGISTRATION DAn OF NUMBER INSTRUMENT MONTH DAY YEAR 1I0Ull INSTRUMENT AMOU NT RUNNING IN FAVOR OF SIGNATURE OF' REGISTRAR I F O~O WV rnht- #OH'1 "'.'Pn U9f rU{J.~ 1 0,3 EMe. Oc..t. 3 197 10 0-1-73 1 e.tc.. Ronald E. EdJ.wtd6 &W M JT . Tw.i.n CLtJJ Fede/lili. Sav.ino6 and Lnan ~()~ A,f_ F 0 0 Mtg. 104 cMe. Au.g. 28 197 10 -16-74 31,000.00 AMo~n (File. 3628) F 0 2 WV .k!.~ 0 tJ. I L. 1 7 3 EMe. u.ne. 6 197 2 -30-75 1 e;t c. Roy E. Abbott &W M JT ~. F 5 3 WV ~~/J /, L .Y'_ 1 4 5 .~ Oc..t 26 1976 10 10-15-76 1 e;t . W'<'C~eJL-Knox En.:teJLPJu4U F 5 3 (Mtg. \ 2~ )0 ~ /,) cJ .C: 16466 ~ June. 197 6-9-77 $85,000 .00 PJUOIL Lake. State. Bank F 8 5 I 'WD .A ---- ........... -,g~Y'h) ~j ~ V Ie 8~7 EM e.,/' Sept. 13 197J 10 8-29-77 le..tc .(( I C-Uy o~ PWlt Lake. ) F~O 2 M.ta. 11-11-78 N Rn..h nl. 4 '- I) I, 2 EMe.. Jan. 18 1978 10 136,000 .001M-Wte.apow ~.u~ ~'. t - F20~0 \ WV I 75 cJ 1 ~15 i . Ea6e.. Fe.b. 2 1978 10 1-31-78 1 e..tc.. I NoJtm<1n R. Wh..Une.y &W a6 JT ~J I. ~~ A-'. Fl\4.1171 ! OltCieJL 60 , I Re.g. 06 T -UtU 16ile.d.in F8 59 J L.t?I. I 2~9~5 o~~ MaiL. 5 1980 10 10-5-79 I o~~ .C~" OOIL Eciw<:J.Jtd J h~'!();fi.e. &W~' ..., / " ;1~~~ 'WV \ ~ 1 e..tc. I ,;...--- ; '" /) V 22~~2 ca.oe. / MaiL. 31 1981 9:30 3-28-81 ( 1U-tY 06 I'JUOIL L~e..J "..hf) tJ. /. ~. J :2~~6 i~^o 1911981 ~ R.o. nl. 0'Pn . . " <=n'n VM ~~) / 1- 27 6 L06t Ce.IL.t May 11: 0 .15-1-81 Mt CeM; 60lt Date. A. KitUe.aeJL I I ! 1985! 11:bo 119/4/85 I $1.00 I 'V.....h V. e: &w r-LQW.W~ 3 05 i Eahe. Se.p.t 5 I MalLte.ne. K ah JT 131 . 71- " Il ., I I I ! I I i ~ I I I I II I I \ I \ I I \ ! i i I I \ \ \ I: I I I I I If- -jl \ I File.: 245 V 0 LU M E 43 lAG E ---28.4-- "Owner' 5 Duplicate Certificate" 13257 I NOlLbeM; B. TILaX.e.eJL and ShaM J. I Jt.IlX.teJL hLu. OaJ1Cb W N E R and w.i.6e. M jo-tiU: te.nanU. o P{f'\ i'JJ - Iwl !Aott ~wnf;;j ~u~m~~w~\. .......t...o.V1.eo...._........I. .,.-/ lOll3--Warranly Ceed. IndividuAl to CorgoraUon. Form No.3 ..,... to ...,. . ,._, ............ Mlnnuota Unllorm Convl"lnl:lnQ a'ankl (tntl 11"1. . i( -'~ 1.-'-\ h ~V l~ Ha ~o~tJlt~rs~ f::t ~~""G'e.~~t'dIne"'''I!':'''''~~?z at ~'~fi~'~'D'ana""a'na""wT'f~" 19.~.~...., 4 b~twocn ...................................................................................................................................................................................................................................... of the County of.....R~!.n.~.~.Y.................... ....................................4 U of.........~.t~!!~.~..<?.!::.~..................................................., part...J.~.50f the first part, aM...... .i.t.y......O.f.....P.:r.i.o.r.;...L.a. . ..).....~.....r:m..l,1.:lJ:,.c..!.p..al........................................................ ~..~~.;;~~.~io~..~~;;;j~~..t~..z;;.~~.~j.t~..St~t~..~/:::::Mi:~;;:~~:;..t~...............:........:..::..:.........:::::..:...................~f th~..~~~~~;t: One D'oll~ft~ts~t~orh~n~ o'~aerrtotaS~dh~vCls~a~re i~o~~r2f~~t:ri~ th~ . NUln, of ............................................:$.............................................................8................ .......................................................................................... ..... .I>1JXURX, to ..~.b.~.~...........................................in, hana paid, by th~ said, party of th~ second part, the receipt whereof is hereby acknowled~cd, do............ hereby grant, Bar~ain, Sell, and Convey u.nto the sala TJartl/ 01 the SIWIJ1n. ,"m.t... its successor,. and assitns, For~ve7', aLL th~ traot...... or parceL.... of Lana lyi,n~ and beint in the Countp of ... .....~..c:;.9.!:..t;.........................................................and Stat~ of Minnesota, aesoribea as follow., to-wit: The North 200 feet of the South 600 feet, of Tract A as measured at right angles to the South line of Registered Land Survey No. 22, Scott Cqunty, Minnesota, except the West 25 feet acctirdingto the recorded plat thereof on file and of record in the Office of the Register of Deeds in and for Scott County, Minnesota. (Registered under Certificate ~ to Title No. 3482) w~ Together with ~n easement in common with ~ for road purposes over said West 25 feet and together with the right in common with others of ~r Lak t Count , Minnesota over a strip of land eet wide south of arid ad'acent to Lot 0 Re a s, ~n - ty tate. - - , ,;'!. i .f". M r:T^Tr0.r"','. nrrr (")J= j...; inn8sota~,~~:d~::.\ I^XA1101.t~ (' n .~ ..-'. .:..: "p 1\ ).i' - ~~ D[ED '.1'::. {/1.'~ :_ 0 (. 2 IJ ____ 00 ..,-. <-.J ~L.~,.,',:' HAHJlo13' ..,;) TAX --- P.B.llsal . Qto Jiabt anb to J10lb ttt .,arnt, To~~ther wi.th all the heredi.taments ana appurtenances thel'w.nto bclolt;in~, 01' in anywi8~ appertainingwto the saia J'arty of th~ second part, its suc~ssors a~ as.si~n&, F oreucr. A nd the said......Hg.J.'.Q.~.g.....u.~.........~..t;,,?.L..~.!J........G.~..r.~.1.9.~.D.~.....;;.::.....~.~.~.~J..1.........~~.~~.9..... .a nd.....wi.f.e............................................................................................................................................................................................................................. pm.t.. .i.e Sf the first part, for....I;;.h.e.JX......................................................heirs, e.:ucu.tors ana aaministrators, cLo.......... couenant witlj, tkr. said, party of the second part, its succusors ana assi~n&, that...!;.h~.Y.....~.?;..~...................well ~ciz.ed ilt fee of the lands ana premises aforesaid" and ha.Y.~.... ~ooa ri~ht to sell and convey the sa7ne in manner. and form aforesaid, and that the sa7ne are fr~ from all incumbrances, except those that appear of record. ~ 1J 2-2G2-~ .1 nd the abl}1J(: ba.rtained and ~l'anled lands ctnd pl'em.i.~es, in thc' quitlf /'t.ncZ peaceable possession. of the . . - . -.. .. __~_n.~ _7" ---..--- ,--..~-.,'_. _,_:_:_... ______ _7_:_ .1 Individ~~ 'i~ .Corporation. Form No. 3-M. MilIer.Davis Co., Minneapoli5, Minn. Minnesota Uoifoml Conveyanein~ Blanks (1931). ~bi5 3J n btnturt, old aile this........................2.f...................day of.........~.......&..(!..q:.................., 19.?1......, between ...p..9.-Y.1:-.g....H. ..... .W.9.-.t;.~J....9.-.n.g...P..Q.r..9..t;.by....AXl.U...H.l.t;.l......Rl.I.s.b.a..nd....and....w.if.e....as...j.o.i-ht....t.e.nant.s................ of tJ'4 County of............~.~g.;.;.............................................................and State of...................t!Jnn~.~!?~?...........:...................................., part...:~~~ of the first part, and.........g.~.;y....9..;...~E.~.9..;:....~.~.~~.'"....~....t1;~.~.;.~.~.P..~.;I;.....~!?.!.p..9..!.9.-.1;.;i,..9.P-........................................ .............................. .......~........................................................................................ ................................................... ........................................................................., a corporation under the laws of the State of........~Jgn.~.~.9..~.~................................................., pa.7.ty of the seco7L(Z part, ~itntS5et8' That the said part..J~.!?. of the first pcwt, in consideration of the swn of .....9.n~...p.9.J:.~~.;:.~....~.$..~.:.. ...9.J... .~n.4....9..~b.~E... g.9.!?4....~.g.g...Y.clIJ!-!~J?.J:~...~QP:~~9:~ !.?~J9.P:. ............................ ....... .DO LL.lL RS, to..........~h~......................................in hand paid by the said. party of the second pa1.t, the receipt whe7'eof is hereby aclcnozuZerZgcd, do............ hereby Grant, Ba.rgain. SelZ, and Convey u,nto the said pm'by of the second pa1.t. its successors and. assigns, F07'eve1', all the tract...... or PC'l,7.cel...... of Za7LrZ lying amZ being i.n, the Cou,ntJ' of.........?.<;;9..;.;............................................................and State of ,Minnesota, desc1.ibed. as follows, to-wit: The North 100 feet of the South 700 feet of Tract A, as measured at right angles to the South line of Registered Land Survey #22, Scott County, Minnesota. subject to and benefited by an easement over the West 25 feet thereof for road purposes. An access to Prior Lake, Scott County. Minnesota. ovQ~_~tE_~2._~.~_~~_c!~_O feet] wide South of and adjacent to Lot 1 of Red Oaks in said County and State. fh-c-- Ji )(;927 frOIl'l atote /?-d tax /J /J '/ /, V7 ~ 7ft '" .~c- A7q~o;L~#" ,. --..... ~ .;; '"'. ... M I I .:, ':01 , .. I ".~; j ~ , I , ,,- I ,:~" I ,~ '- , ~ =- 'I THE I IO\KS .~ l \; < "'+ ~ ~ ~~ ,(c>-~.:>, F... ~ " \\, I ~)\\'I /' J '" 1 .. v ~ d v <:!. l- ~ -:: -- ~ '-.l -,. -.1 ,- . , ,- . 0- - . ,~ o o / ROBERT O. O'NEIll NORBERT B. TRAXLER STEVEN D. ZARJ) CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS ,--,-- \ V :ref$- O'NEILL, TRAXLl ~ V 1\ V'-- - \ I " Ltd. \+e Vz \ ') 1l/'L~ q", d~v- h. e-\ ~ O~ NEW p, v It J I J:I'D-f \-f ~S C)~ytL,etr: SJ! ,:;r~ Serr . --; I ---;- l { ~ Vlf,lLJ!:., '! ~ ~- Phone, (612) i58-2568 F=, (612) i58-2599 Ms. Susan Pace CAMPBELL, KNUTSON, SCOTT Eagandale Office Center, Suite 1380 Co~porate Center Curve Eagan, Minnesota 55121 3177 RE: Prior Lake Lift Station Dear Ms. Pace: This letter is a follow-up on our earlier discussions and supplements the documents supplied. I have reviewed the property status because of a severe erosion problem which has reduced the lot depth by 20 plus feet and have determined that it is caused by the large storm drain which the city installed on the property next to the lift station. David Watzl has placed a rock barrier between his property and mine whic~ has confined the damage to my lot only. It is my belief that damage has reduce it from a buildable to a unbuildable lot. At least it was buildable in the 1970's when I had to pay water and sewer assessments on the property. Since the City of Prior Lake considered it buildable at that time, I see no reason to change that status now. If we are to resolve this problem, it would probably be well for the City of Prior Lake to consider acquisition of the property by payment of fair market value of a buildable 60 foot lot on Prior Lake. After you have had a chance to review the earlier documentation, and to discuss this matter with the appropriate officials, please advise what the position of Prior Lake will be on this matter. Yours very truly, O'NEILL, TRAXLER, ZARD, 1JiJ-ilfD.1 NOrbert B. Trax~ NBT:tmb a. -,~~.. .."._.--~-._-. ... 1~ ,. ~ s~w <:(lO).tC/r. ~>7 ()l~ 7. Fed. I>roi. No. . S /~ I f~ ,/ FtL.s. NO 52 I "lC' "eo ~j=,~~ -1= ~r~;, r J j:- j ~r JS;~a~ ......-.--..- . .... ....._~_.:-_._---: ....;--.--...---- :...-.- . '_h_.._.:.._..._.. _..___: 3 :~~!~~l~~I=~~:;;~~i.. ."- --. -.---.. . -. ..-- -----. - -'~"'''--I""""",=,____,-, '~Re' . .' .". #" '__. l ". '--'--"-L'" :,~~ ?~'_:=j~I--=-!=-2~~~~L":~~.~~~~~L '_-,-.~,., -~n"---'--. ., ,-=- ........CIl!>O,"-;--._.j R:-. ~= =r~=t. Fi=-;i~:'h L_i~c=i~=~-'7:~,::;i:~~~E~~ -'-"-, '--, , -, AS BUILT. '. __..,___, ~'~I~ ~e ~r=---=; ......: I --'-, -; """ ~~. '~k<~_. . ~---":;--!:. =--..... . --- --.- . REO OAKS ROAO' _... . ,_ ,I ..~===-.:..~IO~... LAJ(E.~~N~..::~:::;;~J.___I :' .'.. - ; STORM SEWER PL.! 74-~1 I _~.f"L~ ...:" "~~'.f[S: ffrIC J s... r' --- I:".~ '. "nrns .-...-....-.. . . ~ .- . - r=r--:.~=t='=-- - I-h_.._r===-=:-. .:___ - .=z:r. I _.~..--_. i ~ r~ Quit Claim Deed. individual.!/! f~rporatio!,. ___ . Fonn No. 28-M. MilIer-Oni. Co.. Minnc'poli. MilwCSULL-UnilurlU Cnllvc:yalldll~..nIanlu (ltc:xi,c:u 121Jl-. \Ebi~ ~nbtntutt. J[aM this.............J.?~.~~........ ......da.y of.........Q9.~~.P..~r..............................., 19....14.., betwe~n....Q..U.y.~.r....H.~.....H~.D.n.~.n....~.n.Q....M.!;..r..g.g.r.!;..t... J.........I:l..?.nJJ..e.n..........O.J.ts. .b.Q.nd.... .?.D d.....w.i..f.e.......................... U{j) of the County of.................. ..?.~.9.t t.... ...... ........... ............ ......... ....and S tate of. ........t:1j.n'O.~.~..Q.t..?....... ......................... ....................., part. t ~.~.. of the first pa7-t, and... .... .t..h.~... ...~.Lt.y. ....g. f.....P. .r.J .9..r...J..~.~.~. .,.....~....m.M.!)j.!;.5.p..~.J.............................. ............... ..................................... ........ ..G..9..r..R. o..r. 9..t.. 5...0. n...... .................. .......... ............................................... ....... ................................... ... ......... ......................... ......, a corporation under the laws of the State ot.........MJn.D..~..~.9..t~........................................, party of the second part, Rlitne!{setf), That the said p'ari..L~.~ ot the first part, in consideration of the sum of ...........9. .~.~....9..9..L1..~.!:.....~.D. .g. ....9..t.~.~.t.....y..~.].~.~..g.J.~. ....~..9.D..? .'. .q..~.r..~.t}..9.n.~... .......... ...................................... .....DO LLARS , to.................~.~.~.~.............................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do......... hereby Grant, Ba!~ain.--Q:ui:kJ,9-.fm, and Convey unto the said party of the second pari, its successors and asaigns, Forever, all the tract d.. or parc~.~of land lying and being in the County of.................?.F.o.J.t...........................................and State of Minnesota, described as follows, to-wit: A strip of land 'in Government Lot 1, Section 35, Township 115, Range 22, Scott County, Minnesota, described as follows: The Southerly 15 feet of a 75 foot strip of land lying Southerly and adjacent to Lot 1, Plat of Red Oaks. ! '1 I I I I i I \ -~ ---- teo l.r,abt anl:J to l.f)01l:J tf)e ~a1l1c. Together with nll the hereditaments and appw,tenanCIls there- u.nto 71elonging or in anywise aPl)Crtaining, to tlll; 8r:id fwd!} of thc sccOllcl part, it.~ sncce..~SOI'S and assifi;v;, F01"eVer. 3Jn \!!:estimonp mbercof, The said part i~..? oj the first part haV~... hereunto sct.t h ejr 1"_T1f7 +7,,, r7,.,~, nT'tr7 .",.,,,._ .f':_,...J,. ;..7..__.~_.._..:.L"":..._. - -- -- '> ,. ~".E !tOO.1 .. 74 RED \ OAKS \ 10 2 1 ~ s . ".2 K' 1'\.2 flOC 1'\.2 180.1 R.L.s. NC. " 1'RICf A 1'\.2 17'0 ---I .! i ! j I I '" 1 i i I :_._.r-.~==~.:":::=::=r- 1--1 . t. .:.. i-.-;..........._.__~..;_...._; i I. j: .j. I: ._.!;:~:~:~~l=~ 1====1" !:. e j. t: 1---1::=-~-::~.::::1:-__i===--==1 . ! .! , f : ' . . . I I , '1 1 I ' '---'----:.-----.---,.-,__ ! I~l--l--I-=='--!==-- "'!~==-~1~~J==:::--~===::::I____L_~1 I. I 1-- -.-I---I--!--.----.-.--:---;---.! ;____ ~=I !_ .. I :_1 .-! -i. _I -I .;.. : :--. 1- :::~J - I ==;-------,. --:'--1 . ! ...:::::::::~:: j.':::=='-:.....! ;.." i .__ ._.._._.; .___w_-."",!,. . _ - ..---... :--...-.-. :-- -"--. -'--J --r-_i =t=====i" -i~._i ~--,--; :~:L====l i ! :..::~ r Got'Lot- .... ..... .... .... .- .... .... ..... ..... .... '" ..... .....- '" .... ..... .... .". '" '" '" '" .. .... ..a '" / "'z I 1 =-- , --:::- )711 i\.'\ 11' f . i ~~ ! II 'P- - , } , , .". , n. ,: ,r 1,1:":' :'I: --' aTZL'~ ... ..,. ..... ........... -,0 ... ", ... ..... ... i; I i i i !. ,if I' ; i! I r I: Ii \. \1 LIFT STATION NO.II SITE PLAN 1-_ ~ L 4'. 4' ELBOW Z. 4" PRINCE eo GP CMEClC vaLVE 1.4'''. PI PIPE 4. 4' ".I GATI VALVI So vaL VI BOX .. 4' "." PIP' 7. 4'..01 PlPI .. 4' 45. ".I IIND .. 4'. 4' ".I .v. ID. .80 GPM. ,."IIP IL 4\ S' RIDUCER I' ~ ION NO. II I., .... i " -~ .~ ii j ~ - ~ : r ! i i ~ . . . ~ i I) :"', '" AS BUILT I __ ....ty - - ..... .....---. . ...... - ..-.. ..-- - .,,,,-- - - I _ . ...., ....-... ....... ---.. - -..-... .... 3/IJ"/?Y...._ ~/"" -1L...JJ) ~ ..~.n.. J.. ~ - - . I> I. ~ i ..50 RP" 7.5'" 130'1. ,~ 811Ma .eo..... .8.S 1:D."- - UFT STATION NO. n PRIOR LAKE. MINN. SANITARY SEWER Pl. 13-6 1 ~ II '~il ~ i ..11 IIIS/'" .&C.. ISIlAI1.SllN .. ASSOQAta. ~ ce-...~ ......... ... ... ... - -- ..... .~ ---..... IIGf 13 -- ~".. .. ~ . - '.. "- , .'- .. .... IL. SfE-C.3S T//5 R.22 ".~- .-- ~, .... l' " _ '- - - - .L --"::- - :: J 1... '.Jv" -~: t~ ,',- r - - ~ ... :'. ,( -~ ( (b0 Lc+ -- - r- ';u' .:::,...:::.. irac' - - - &)' ~ ~ .. .. " ;fi{..c J.\iZ;:,'\1 1. \ Lo(; \ '\ ~ P.L.L.P. O'BHIF:'-: 2100 Piper ]affray Plaza 444 Cedar Street Saint Paul, Minnesota 55101-2160 FilTn (612)290-6500 Fax (612)223-5070 E-Mail JARDINELAW@AOL.COM Gerald M. Linnihan Alan R. Vanasek John M. Kennedy, Jr. Eugene J. Flick Charles E. Gillin James J. Galman Pierre N. Regnier Mark A. Fonken George W. Kuehner Mary A Rice Patti J. Skoglund Sean E. Hade Timothy S. Crom Lawrence M. Rocheford James G. Golembeck Kerry C. Koep David J. Hoekstra James K. Helling RichardJ. Leighton Michael A. Rayer Marlene S. Garvis Mary P. Rowe Karen R. Cote Nathan W. Hart ~G!,'.'. r. Flynn " ,ummmgs ",: Sydnee N. Woods Jerre F Logan (1923-1983) Donald M.Jardine (Retired) John R. O'Brien (Retired) Some members also admitted to practice /a1.:.: in U'jsconsin, North Dakota, Illinois and Iowa. July 6, 1998 MR FRANK BOYLES CITY MANAGER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE MN 55372 VIA FACSIMILE AND UNITED STATES MAIL Re: Traxler v. City of Prior Lake Our File No: 26761 (872) Dear Mr. Boyles: Enclosed herewith for your complete file please find the fully executed Findings of Fact, Conclusions of Law and Order relative to the above-entitled matter. If you have any questions or concerns regarding this, please feel free to give me a call. Very truly yours, JARDINE, LOGAN & O'BRIEN, P.L.L.P. Joseph E. Flynn Direct Dial: (612) 290-7416 JEF : taj Enclosure cc: Mark Rossow Lani Leichty Donald Rye Suesan Lea Pace Irw~ @rn DWrn,rl 1/\\1 vU. - 8003 ' I LUul-=- . ST A TE OF MIN1\ESOT A DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Plaintiffs, ffi:ED JUN 301998 A SCOTTCOUHTY COURTS Norbert B Traxler and, Sharon 1. Traxler, husband and wife, File No. 97-07885 City of Prior Lake, A municipal corporation, Defendant FI~DI~GS OF FACT CONCLUSIO~S OF LA'" AND ORDER vs. The above-entitled matter came on for trial before the undersigned sitting without :1 jury on the 20th and 21 Sl days of~lay 1998 Plaintiffs were represented by Christopher l'\eisen, Attorney at Law. The Defendant was represented by Joe Flynn, Attorney at La".' Based on the evidence adduced at trial. and the arguments of counsel. th~ court makes the follov,'ing FINDINGS OF FACT The Defe~dant. the City of Prior Lake, is a municipal corporation located in Scott County:\tinnesota 2 The Plaintiffs purchased the property that is the subject of this matter in August of 1977 from Shoreville, Inc ~ That at the time the Plaintiffs purchased the subject property, a lift station had been previously installed by the Defendant The lift station was installed sometime during 1974 4 The Plaintiffs were aware of the existence the lift station when they bought the subject property, although the Plaintiffs claim that they did not know the lift . station was located on the subject propeny The Plaintiffs concede that the lift station is conspicuous and obvious. 5. The Plaintiffs claim that the storm sewer was not installed until after their 1977 purchase of the subject propeny The Plaintiffs are vague about when they believe the storm sewer was completed but claim that completion probably occurred in the early 1980' s. 6. The Plaintiffs also concede that the storm sewer is not hidden or obvious I. A lift station would logically require an outlet. There~-ould be no use for a lift station without a storm sewer 8. Former city engineer Larry Anderson testified that both the storm se\\er and the lift station \lv-ere in place in 1974 Former public work superintendent Ray Johnson also testified that the storm sewer was in place by 1974 Additionally_ city council minutes dated July 26, 1976 indicate that the storm sewer \\as pan of project 74-5 and that the project was completed prior to the date of the minutes 9 The storm sewer was likely fully completed sometime in 1974 and was cenainl~ completed before the Plaintiffs purchase in August 1977 10 The lift station is conspicuous and the storm se'.\er is easily detectable fo II 0\\ ing a cursory examination of the subject propeny 11 The character of the shoreline of Prior Lake changes dramatically with fluctuating water levels A rise in the Prior Lake water level of one foot can cause of loss of up to 40 feet of shoreline 12. There is no record of an easement in the Defendant's favor with regard 10 the storm se\\er and lift station located on the subject propeny .. f " 13. That the Plaintiffs' shoreline is sandy, including the area immediately in front of the storm sewer outlet. The Plaintiffs' shoreline is also similar in character with the shoreline abutting the Plaintiffs' property on either side. The subject propeny as well as the surrounding property is generally lacking in beach area at the time of the Court's inspection on May 21. 1998. At this time the water levels are close to the 904 ordinary high water mark. 14. The market value of the subject property in 1976 was $500, this amount was significantly lower than the assessed value of buildable lots. 15. The 1996 market value of $4.200 for t~e subject property is also a great deal less than the value of a buildable lot. 16 That in 1974 the parcel which encompassed the subject property was assessed an acreage assessment No lateral assessments were made against the encompassing parcel The fact that no lateral assessment v,'as made meant that the city had probably determined that the lot \vas not buildable 17. The acreage assessment for the 4 1 acres was in the amount of 53.344 00 payable for 20 yea~s over taxable years 1975 through 1994 18 That shortly after the Plaintiffs purchased the property in 1977, the Prior Lake City Council cancelled the remaining 17 years of the acreage assessment 19. The ordinary high water mark on Prior Lake is 904 feet Current lake levels are in close proximity to this high water mark at which levels historically lea\e ver\' little beach area on the lake 20. The Plaintiffs claimed that they began to notice diminished beach area on their land In 1992 or 1993 Around this time the lake levels of Prior Lake rose " " .) significantly from previous years, The only evidence presented by the Plaintiffs that the storm sewer and lift station caused the differential in shoreline is that the Plaintiffs noticed water swirling from the storm sewer and kicking up sand on a couple of occasions 21. Since 1992, lake levels for Prior Lake have been near the ordinary high water mark of904. 22, That the Plaintiffs presented evidence that in 1978 their propeny jutted out a similar distance to the nonhern abuning propeny and that the lanel had a significantly larger beach area with Tl10re of the propeny being abow the water line ..,... --, That when the Plaintiffs purchased their propeny they would have had significantly more beach propeny or propeny above the water mark because the lake ele\'ations were se\'eral feet lower than they are today In 1991, when the Plaintiffs claim to han first noticed significant erosion. lake ele\ation levels had risen sharply from pre\'ious years In 1991 Prior Lake water levels were 900 feet and over \~'hen in the immediately preceding years water levels had been 900 feet and below for several years 1-l Any significant loss of shoreline that the Plaintiffs haw complained of occurred because of unusually high water le\els on Prior Lake in the 1990's The absent shoreline did not erode but is merely under v..ater . . 4 CONCLUSIONS OF LAW 1. The Plaintiffs have failed to prove by a preponderance of the evidence that thev owned the subject property before the storm sewer and lift station were installed by the Defendant 2 That the Plaintiffs do not have standing to sue the Defendant for an Inverse condemnation action 3. Even if the Plaintiffs had proven standing to sue, the Plaintiffs have failed to prove by a preponderance of the evide,nce that they suffered damages attributable to any erosion as a result of the installation of the storm sewer and lift station by the Defendants ORDER That the Defendant IS entitled to judgment together with its costs and disbursements 2 That the attached memorandum is incorporated herein by reference and constitute . additional findings of fact and conclusions oflaw of the Court LET JCDGME~T BE E:\TERED ACCORDL\GL Y Dated June 30, 1998 BY THE COl"RT ~~~i'/ o;/~ Michael A Young, . 6 Judge of District C , 5 proceedings. Brooks Investment Company v. City of Bloomington, 232 N.W.2d 911 (Minn 1975). A property owner does not have standing to sue for an inverse condemnation action when the encumbrances were installed prior to the owner's purchase Id. Therefore, because the Plaintiffs had notice that the encumbrances were already on the property when the Plaintiffs purchased it, the Plaintiffs have no standing to sue for inverse condemnation. Additionally, the price the Plaintiffs paid for the land in 1977 seems to have reasonably taken into account the character of the property with the encumbrances. In Vern Revnolds. the Minnesota Court of Appeals discussed fairness principles for its rule on standing in inverse condemnation actions Vern Reynolds Construction Inc \' City of Champlin, 539 0;.W2d 614 (Minn Ct. App. 1995) The reasoning holds that to allo\\ a subsequent purchaser standing would afford that purchaser a windfall assuming the subsequent purchaser recei\.ed a price reduction commensurate \vith the burden Id If a subsequent purchaser bought property and receJved no benefit of purchase price reduction or other consideration in light of the burden. then the exception to the general rule may apply Id In this case the evidence shov>,s that the price paid in 1977 for the subject property \\as far below \vhat would be paid for a buildable lot . Therefore. neither fairness principles nor lack of notice would require that the Vern Revnolds exception to the general rule apply here Additionally, even if the Plaintiffs had pro\en that the encumbrances were installed after their purchase. they proved no erosion or other damage as the result of the lift station and storm sewer installation The Defendants presented expert testimony and exhibits showing strong evidence that any loss of beach was due to high \vater levels of the lake and not erosion The Plaintiffs claim that they started to notice shoreline loss in the early 1990' s The aerial photographs in exhibits 22 and 23 clearly show the correlation of shoreline depth as a result of , ., I high and low water, The character of the shoreline changes quite dramatically with a water le\'el differential of as little as one foot Additionally, the Court's inspection of the land showed that adjoining properties had muddy shorelines similar to the Plaintiffs' shore, The Court also noted that sand is still plentiful at the Plaintiffs' shoreline. The Plaintiffs did not present sufficient evidence that their shoreline eroded because of the lift station and storm sewer or that significant erosion even occurred. M.AY. tII 8 REG ISTEREO LAND SURVEY NO. -Z:L SCOTT COUNTY. MINNESOTA '~ Jul" 1964 r:- .... N 86--00' E .... ..'59.54'... :iw) If') -- ~ ./<Q" ~ - /' .... ,".100' . <. J- () q IE - ~ "s ~ C\oI &a.I C\oI II) .~ (/) .'. 2~ ~SOUTHEAST < COR~ER I . GOV T LOT I ....18~O!... ..' Sa9~ 06'W SOUTH LINE GOv'T LOT' ""225.0 .... VALLE Y ENGINEERING CO. INC. SURVEYORS ( l ~ I beNbr o~.t.bat 1a ~ 1Il.t.h tobe .~.. ot Cbapter ~ lUDDe8Ot.& ...... of ~949. .. . Illlc, I _.;~ ,~ecl the 1'~ 1D& clellOr1b4I4!1Iract. ot J.an:l 1D t.be CoaD~ ot ~t}aDd st.&t.e ot ' M1Dneeota. iio1ID, -'1' . . . ,/,... 1"bat. part. ot QlN~t 1A OIle(l) &ect.1cm )S, .."....8h1p 115. .... 22. cle8Cribed ...te1.J.ovlll ~ &t.~.~ 1D the aout.b' , line ot atd....t. Lot. ~. d18t.aDt. . 18~ r_~ .'_, the SoQt.h . , . . ...aid Ooy't 1A1. thence Jlort.b') ..... .49' kat, a 41__ tanee of 860iil to the c..ter .' line of a ~.'..~hmce loftJa' 860()O". kat, ..1~,." >ccter line.:a '" d1atance ot 1._~Ht to the. 8outb..sterlr," ota l'C*la. ' pJ.attec1 in t..blI~t ot Red Oak.J '. thence South .~lS' West, a cli.t.mce ot 2OS.53 teet;Ut.othe 11IO" Southerq ..oo~..,ot the ~ ot. . Bed. Oalas; ~,.ort.b 6Er 0" West along ......, ther].T llDe of Reel OK., &. oe ot2S." 1'-.l.. to the.,at '. .... rl.T oomer ot Lot eme (i)_PSt: ot Bell QUaJ thence South $..;1"".", & ell.... ot ~ teetJ tUbeeSouth 40U' V.... & dlat..... "i..-ot )lO teetJ' tHnM South ""13',~...a d.1at.~ of 109.1.6 1'eetJ~e 8out.h 1: 52' kat, & cl1at.aaM of 29.3.91 r... to the South ~ of ea1cl Ooy't Lot. 1 thence Horth ." 06' East., aloDc -.1d SOuth 11be of QoY't.Lot. .1, & cl1-t~'*~ of 225 teet to t.bePo1Dt. ot Beg1Dn.1.n&. For tbeaboye deacri~1_, the Iodb Une of OoY't ~ .1 1IIU & t., l'.foto bay. & ~ of 8cNUa.89 06' Vellt. ~:::d ::~G~ ';0;' loj;rnat 4.un~:7~: ..u ..~' /.&(4 . . SUl"Yeyo~e80t& b&istration NO.7"" T.. his re. gistered land Slrvey was approved and accepted by the TOlill Board I'~ ~e CNek. Scott County, Y~lne:iO~a, at a regular meeting thereof' held th1s._~" dq of ~ '. . . A.D. 1964- , ""~ e' ~"" 0;; Cf .'-de C,j~ ':' " ;.'~/"';t!Io,,,,,",, "'~_I"""'" TOWN :il().llill a ""f' 4- ~#-t--. scarr COUN'l'f, KINN. ~_7._-::____ day of --~ ................19 ..3.__ ~e;'m'." ~ 5{ 7-c1v ~ ~ !4 J.", ~....,....,.-~~o,- bpAf:?:.~..~:~ ';~~ Il7 ...., I- ~''?I Xu ch&irmon ~ (J ~ -___-------- -n----~~-..~-.-W , . ^ ~ ( <?.d --li------------....-...- ,.;~ ,.,,~ .. .....,.. Dc \luty .. 11;: -=======:-:-:-:: ~~