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HomeMy WebLinkAbout18-146 Land Acquisitions Required for the 150th Street Project 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-146 A RESOLUTION APPROVING A SETTLMENT AGREEMENT RELATING TO THE LAND ACQUISITIONS REQUIRED FOR THE TH13/150TH STREET PROJECT Motion By: Thompson Second By: McGuire WHEREAS, the City has acquired a number of properties and easements for the now completed TH13/150th Street Project (“Project”); WHEREAS, the City has now reached agreement with the Rothmeyers for the final easements needed for the Project; WHEREAS, through a condemnation petition the City obtained a temporary construction easement and a slope easement over the Rothmeyers’ property. In addition, through negotiation the City has reached agreement to acquire a utility pipe easement and an overflow drainage easement; WHEREAS, in exchange for all of the easements and a release of all other claims related to the Project, the City has agreed to pay the Rothmeyers a total of $385,000 . The attached Settlement Agreement details the terms of the settlement; WHEREAS, The City has already paid $152,200 to the Rothmeyers as part of the condemnation. This settlement includes an additional $232,800 to settle the condemnation and acquire the additional easements. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Council approves the settlement with the Rothmeyers and authorizes the City Manger and Mayor to execute the Settlement Agreement. 3. The additional funds in the amount of $232,800 will be drawn from the construction fund. Passed and adopted by the Prior Lake City Council this 17th day of September 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ___________________________ Frank Boyles, City Manager SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is entered into this � 7 day of 2018 by and between the City of Prior Lake , a Minnesota municipal corporation ( the " City") and Michael C . Rothmeyer and Lynann M . Rothmeyer (the " Owners ") . RECITALS WHEREAS , Owners are the sole owners of certain real property located at 6340 150t" Street S . E . , Prior Dake , MN 55372 (the " Property") ; WHEREAS , the City has taken a portion of the Property , which portion is legally described on the attached Exhibit A , for the Trunk Highway 13 / 150th Street project (the "Project") , pursuant to a petition and subsequent Order filed in the Scott County District Court for the matter captioned , City of Savage v. Lewis anon , Court File No . 70acv® 15 ® 4110 (the "Action") , following construction of the Project, the City deemed it necessary to acquire a permanent easement for drainage and utility purposes from the Owners and entered into negotiations with Owner regarding acquisition of the same ; the City is obligated to pay the Owners just compensation for the Property taken pursuant to the Action and the permanent easement for drainage and utility purposes ; and the City and the Owners have reached agreement as to the just compensation for the Property that was takers pursuant to the Action and for the acquisition of the drainage and utility easement . NOW, THEREFORE , pursuant to the foregoing recitals and in consideration of the promises and mutual agreements , covenants and provisions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , the City and the Owners agree as follows * 1 . Incorporation of Definitions and Recitals . All definitions and recitals above are incorporated by reference and made a part of this Agreement . 2 . Just Compensation . As just compensation for the Property taken pursuant to the Action and for the acquisition of the drainage and utility easement, the City agrees to pay the Owners the sum total of Three Hundred Eighty® Five Thousand and Ido/ 100 Dollars ( $ 385 , 000 . 00) (the 'Payment" ) . The City has already paid 152 , 200 to wners in connection with the Action . The City shall make the remaining Payment , in the amount of $ 2325800 , by check made payable to the Owners , unless directed otherwise by the Owners . 3 . Permanent Easements . Prior to issuance of the Payment, the Owners shall execute and sliver to the City the permanent easement for drainage and utility purposes attached hereto as Exhibit B . Owners agree to execute , or re ® execute , any documents as may be needed to secure recording of the pe anent easement ith Scott County . 4 . Commissioners ' Award . The City ' s counsel shall prepare a Commissioners ' Award consistent with the terms of this Agreement and send the same to the Commissioners for execution and filing as required by Minnesota statutes . 5 . Release and Assignment . In consideration for the Payment, the Owners , for themselves and their successors and assigns , hereby finally and forever release any and all claims they have or may have against the City and the City of Savage , as well as their respective officers , employees , agents and representatives , related to the Project, the Action, and the acquired property and easements , whether known or unknown, now or in the future , and waive all rights to appeal following the filing of the Commissioners ' Award . 6 . Entire Agreement . This Agreement, including the Recitals set forth above and Exhibits A and B attached hereto , constitute the entire Agreement between the City and the Owners relating to the Project and the Action . 7 . Severability . The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any of its other provisions . 8 . Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without reference to the choice -of4aws doctrine of any jurisdiction . 9 . Counterparts . This Agreement may be executed in one or more duplicate counterparts , including facsimile and PDF counterparts , each of which shall be deemed an original and together shall constitute one and the same instrument . 10 . Effective Date . This Agreement shall take effect upon the last date of execution set forth opposite the signatures below. CI OF Dated . gs , yor FP O Dated : Z Frank Boyle Ci anager Dated : Mr ichael hffeyL Dated : FX L nng M . Rotl neyer EXHIBIT A Parcel 1 A permanent slope casement and perpetual easements over certain portions of the real property legally described ase All that part of Government Lot 8 , Section 30 , Township 115 , Range 21 , Scott County , Minnesota, descri' bed as follows * Commencing at the Southeast comer of said Government Lot 8 ; thence West (assumed bearing) along the South line of said Government Lot 8 a distance of 725 . 0 feet to the point of beginning of the tract of land to be described ; thence continuing West along said South line a distance of 145 . 0 feet to a point that is 432 . 25 feet East of the southeast comer of the plat of Eastwood ; thence North a distance of 130 . 0 feet ; thence Northerly along a tangential curve to the left, radius of 304 . 17 feet, central angle of 17 degrees , 30 minutes , an arc distance of 92 . 90 feet ; thence North 43 degrees , 00 minutes East , a distance of 210 feet more or less to the shore of Prior Lake ; thence Southeasterly along said shore line to the intersection with a line which bears worth 7 degrees , 30 minutes East from the point of beginning ; thence South 7 degrees , 30 minutes West a distance of 335 feet , ore or less to the point of egi ' ng, Scott County, i esota. Said permanent slope easement over, under and across that part of the above described treat, lying southerly and westerly of the following described line , excepting out the right® of-way of 150th Street : Commencing at the southwest comer of said Government Lot 8 , thence South 89 degrees 30 minutes 12 seconds West (assumed bearing) along the South line of said Government Lot 8 a distance of 772 . 74 feet ; thence North 00 degrees 30 minutes 52 seconds West a distance of 33 . 00 feet to the northerly right of way of 150th Street and the point of beginning of the line to be herein described ; thence continuing North 00 degrees 30 minutes 52 seconds West a distance of 20 . 00 feet ; thence South 89 degrees 30 minutes 12 seconds West a distance of 49 . 62 feet ; thence North 45 degrees 30 minutes 10 seconds est a dist ce o 23 . 89 feet; thence forth 00 degrees 30 mutes 10 seconds West a distance of 60 . 10 feet ; thence northerly a distance of 62 . 40 feet along a tangential curve concave tote west having a radius of 334 . 17 feet and a central angle of 10 degrees 41 minutes 57 seconds ; thence South 29 degrees 26 minutes 33 seconds West a distance of 49 . 62 feet to the easterly right® of-way line of Estate Avenue , and said line there terminating . Said Easement subject to a am ' tart' StormSewer Easement per Doc . No . 144200 . First said temporary easement for roadway construction purposes over, under and across that part of the above described tract , lying southerly and easterly of the following described line , excepting out the right- of-way of 150th Street : Commencing at the southwest comer of said Government Lot 8 , thence South 89 degrees 30 inutes 12 seconds est ( su ed bearing) along the South line of said Government Lot 8 a distance of 772 . 74 feet ; thence North 00 degrees 30 miinutes 52 seconds West a distance of 33 . 00 feet to the northerly right of way of 150th Street and the point of begi ° ng of the line to be herein described ; thence continuing North 00 degrees 30 minutes 52 seconds West a distance of 20 . 00 feet; thence North 89 degrees 30 minutes 12 seconds East a distance of 32 . 47 feet ; thence North 00 degrees 30 minutes 52 seconds West a distance of 15 . 00 feet; thence North 89 degrees 30 minutes 12 seconds East a distance of 24 . 85 feet to the easterly line of the above described tract , and said line there terminating . Second said temporary easement for roadway construction purposes over, under and across that part of the above described tract, lying westerly of the following described line . Commencing at the southwest comer of said Government Lot 8 , thence South 89 degrees 30 minutes 12 seconds West (assumed bearing) along the South line of said Government Lot 8 a distance of 772 . 74 feet ; thence North 00 degrees 30 minutes 52 seconds West a distance of 33 . 00 feet to the northerly right of way of 150th Street and the point of beginning of the line to be herein described ; thence continuing North 00 degrees 30 minutes 52 seconds West a distance of 20 . 00 feet ; thence South 89 degrees 30 minutes 12 seconds West a distance of 49 . 62 feet ; thence North 5 degrees 30 minutes 10 seconds West a distance of 23 . 89 feet ; thence North 00 degrees 30 minutes 10 seconds West a distance of 60 . 10 feet ; thence northerly a distance of 62 . 40 feet along a tangential curve concave to the west having a radius of 334 . 17 feet and a central angle of 10 degrees 41 minutes 57 seconds ; thence South 29 degrees 26 minutes 33 seconds West a distance of 49 . 62 feet to the easterly line of Estate Avenue and the point of beginning of line to be herein described ; thence North 29 degrees 26 minutes 33 seconds East a distance of 49 . 62 feet ; thence northerly a distance of 21 . 31 feet along a non4angential curve concave to the west having a radius of 334 . 17 feet, a central angle of 03 degrees 3 minutes 15 seconds , the chord of said cu e is 21 . 31 feet in length and bears North 13 degrees 01 minute 23 seconds West , thence South 7 degrees 09 minutes 18 seconds West a distance of 30 . 00 feet to the easterly right® of way line of Estate Avenue , and said line there terminating . Said Temporary easements to expire December 31 , 2016 . EXHIBIT B (PERMANENT EASEMENT FOR DRAINAGE AND UTILITY) I PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ichael . of Byer and L,yna of Byer, husb and ife and residents of 6340 1501h Stet, Prior Lake , MN 55372 (the "property") (" Grantors ") hereby grant and convey this day of September, 2018 to the City of prior Labe , a unicipal corporation organized under the laws of the State of Minnesota (" Grantee" ) a permanent easement (" Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Scott , State of Minnesota legally described on attached Exhibit A ("Easement Parcel ") , ® Usesr oses . The Easement shall be for drainage and utility purposes . Grantors hereby conveys all grasses , shrubs , trees and natural growth on the Easement Parcel . Grantee shall have the right to use and remove all earthen materials , structures , improvements and obstructions which lie within the boundaries of the Easement Parcel , including the right of clearing the Easement Parcel to allow for the use of the land as stated herein. The Easement includes the right of the Grantee , its contractors , agents , and employees to enter the Easement Parcel at all reasonable times for the purpose of locating, reconstructing, operating , maintaining , inspecting, altering and repairing within the Easement parcel drainage utilities or other public faculties orimprovements of any type existing as of the date of this Easement that are not inconsistent with drainage and utility use . The Easement also includes the right to cut , trim, or remove from the Easement Parcel trees , shrubs ', or other vegetation as in the Grantee ' s judgment u easonaly interfere with the Easement or existing facilities of the Grantee , its successors or assigns . 2 . Nonexclusive. The Easement shall be nonexclusive ; provided , however, this Easement shall be prior to and superior to any other easement hereinafter granted . Any future easement shall be subject to d subordinate to , and shall not interfere with, the Easement without the consent, in writing, of Grantee . Nothing contained herein shall vacate or modify the existing sanitary sewer and storm sewer easement over the Property and recorded as document number 144200 . 3 . Duration of Easement. The Easement shall be perpetual , shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns . WITNESS WHEREOF , Grantor has caused these presents to be executed as of the day and year aforesaid . GRANT RS . Michael C . Rot e Lyn . Rothmeyer MARSHALL NATHA:DODGE NOTARY PUBLIC - MIAMY COMMISSION EXPIR2020 STATE OF MINNESOTA ) ss . COUNTY OF SCOTT ) The foregoing instrume w s acknowledged before this 11 day of e , 20 I by e and 7ald6v ,14 *4r4 Notary Public Drafted By . Hoff Barry , P . A . 775 Prairie Center Drive , Suite 160 Eden Prairie , MN 55344 EXHIBIT A A permanent easement for drainage & utility purposes over, under and across that part of the above described tract , described as follows * Commencing at the southwest comer of said Government Lot 8 , thence South 89 degrees 30 minutes 12 seconds West (assumed bearing) along the South line of said Government Lot 8 a distance of 869 . 26 feet ; thence North 00 degrees 30 minutes 52 seconds West a distance of 33 . 00 feet to the northerly right of way lime of 150th Street and the point of egi ing of the easement to e herein escribod ; thence continuing Hort 00 ogroos 30 inutes 52 seconds est along the easterly right of way line of Estate Avenue a distance of 7 . 81 feet % thence South 86 degrees 16 minutes 22 seconds West a distance of 65 . 85 feet ; thence North 45 degrees 15 minutes 23 seconds West a distance of 36 . 47 feet ; thence North 02 degrees 34 minutes 33 seconds East a distance of 138 . 21 feet ; thence North 29 degrees 26 minutes 33 seconds East a distance of 86 . 17 feet ; thence North 35 degrees 43 minutes 37 seconds East a distance of ± 140 . 95 feet to the shore line of Prior Lake ; thence South 73 degrees 29 minutes 04 seconds East a distance of 21 . 18 feet along said shore line ; thence South 35 degrees 43 minutes 37 seconds West a distance of + 146 . 82 feet ; thence South 29 degrees 26 minutes 33 seconds West a distance of 80 . 30 feet ; thence South 02 degrees 34 minutes 33 seconds West a distance of 124 . 24 feet ; thence South 4 degrees 38 minutes 48 seconds East a distance of 18 . 81 feet , thence South 74 degrees 22 minutes 0 seconds East a distance of 33 . 02 feet ; thence South 57 degrees 39 minutes 11 seconds East to the southerly right of way line of 150t�' Street ; thence South 89 degrees 30 inutes 12 seconds est along sal southerly right of way line to the point of begi ° ng .