HomeMy WebLinkAbout5I - McKinley Easement
CITY COUNCIL AGENDA REPORT
MEETING DATE: April",-, ~2003
AGENDA #: 5 I
PREPARED BY: Bud Osmundson, Public Works Director
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING
ACQUISITION OF A PARCEL FROM JOHN MICHAEL MCKINLEY FOR
THE RING ROAD AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE ALL DOCUMENTS TO EFFECTUATE THE
PURCHASE.
DISCUSSION: History: The City's Capital Improvement Program has long called for the
construction of a Ring Road from Franklin Trail to CSAH 23 /170 TH Street
to improve access to the commercial/retail properties in this area. The
first segment of the road was construction through the Park Nicollet
property in conjunction with the Keystone project. Plans and specifications
have now been completed for Phases II and III of the road which will
complete construction from the Park Nicollet property to CSAH 23 / 170th
Street. The staff has been in the process of acquiring the right-of-way
needed to complete the roadway. We have been successful in acquiring
the Thrift Store Property, a portion of the Wells Fargo property and a
portion of the Borka property. The Council recently authorized
condemnation of all remaining properties. The staff has nonetheless
continued to negotiate the acquisition of the required properties.
Current Circumstances: Mike McKinley owns the parcel on the south side
of Tower Street, east of Panama Avenue. For this parcel, the City
requires both a permanent easement and temporary easement for
construction purposes for the Ring Road.
The total purchase amount for the easements on this parcel is
$31,613.50. Attached is a easement agreement prepared by the City
Administration office for this parcel.
ISSUES:
The value of the permanent easement is in accordance with our appraisal
for other properties in the area. This is important as it will establish a
value for the remaining parcels. This purchase is also important as it is
one less which will require additional court costs and time through the
condemnation process.
Maintenance Center
17073 Adelmann St. S.E., Prior Lake, Minnesota 55372 / Ph. (952) 440~9675 / Fax (952) 440-9678
X:\OSMUNDSON\STREET SYSTEM\23 & FIVmfAW~,bi~DA APPROVE MCKIN PURCHASE.DOC
ALTERNATIVES: (1) Approve Resolution 03-XX Authorizing the Acquisition a permanent
and temporary easement from John Michael McKinley at a cost not to
exceed $31,613.50 and authorizing the Mayor and City Manager to
execute the necessary documents.
(2) Take no action.
RECOMMENDED
MOTION: Alternative (1).
X:\OSMUNDSON\STREET SYSTEM\23 & FIVE HAWKS\AGENDA ITEMS\AGENDA APPROVE MCKIN PURCHASE DOC
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RESOLUTION 03-xx
RESOLUTION AUTHORIZING ACQUISTION OF A PERMANENT AND TEMPORARY
EASEMENT FROM JOHN MICHAEL MCKINLEY FOR ROADWAY PURPOSES,
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
pursuant to Resolution 03-xx, the City Council accepted the
Feasibility Report and setting a public hearing on the CSAH 23 / Five
Hawks / TH 13 /170th Street / Tower Street (Ring Road Phase 3)
Improvement Project (City Project #02-06); and
the City Council has previously determined that permanent and
temporary easements across the property commonly known as the
Mike McKinley site (the legal descriptions of which are attached
hereto), are necessary for public purpose for the construction of the
roadway improvements; and
on February 3, 2003, the City Council initiated a condemnation
action for the necessary property interests by Resolution 03-18; and
prior to completing the condemnation action, staff and property
owner have successfully negotiated terms for the purchase of said
easement interests.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. The acquisition of the permanent and temporary easements is hereby approved,
and funds for this purchase shall be drawn from the Collector Street Fund in an
amount not to exceed $31,613.50.
3. The Mayor and City Manager are hereby authorized to execute all necessary
documents to effectuate the closing of the transaction.
4. Upon execution of the easement documents, the City Attorney is hereby
authorized to remove said parcels from the condemnation action.
Maintenance Center
x:\dshQi7&~ &.lEvy ~ ~&Dtaa~ilQr,Xi~~Gt40-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNITY EMPLOYER
Passed this ih day of April 2003.
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{ Seal}
Frank Boyles, City Manager
X:\Osmundson\Street System\23 & Five Hawks\Agenda Items\Agenda approve Mckin purchase. DOC
Mike McKinley
16961 Mushtown Road SE
Prior Lake, MN 55372
Re: Tower Street / CSAH 23/ Five Hawks Project
City Project 02 - 06
Dear Mr. McKinley:
Thank you for your cooperation on moving ahead with the purchase of a part of your
property for the Ring Road project.
As we have discussed, the City is willing to offer you $5.00 per square foot (sf) for the
permanent easement we want to acquire, and $0.50 per square foot for the temporary
easement for the total time of construction. The permanent easement we need is 4,790
square feet, so the total offer for the permanent easement is $5.00 x 4790 sf= $23,950.00.
The temporary construction easement would be for the time period between the date of
closing to October 1,2004, and consists of 15,327 sf. At $0.50 per sf, this offer totals
$7,663.50. The total of the offer for the permanent and temporary easements is
$31,613.50. This offer is contingent on authorization of signatures and approval of this
purchase by our City Council.
As I discussed with you, the City is moving forward with condemnation action on all
remaining parcels for the Ring Road project. So it is no surprise to you, you will be
receiving a notification of this action. However, upon closing of the sale of the property,
your part of the condemnation will be dismissed.
If you are in agreement with this offer, please sign on the appropriate line following on
this letter and return the letter to me by 4:30 pm on Monday, March 24 at the
Maintenance Center. (The attached second original is your copy of this letter.) We will
then have a purchase agreement drawn up for the parcel. This would be sent to you for
your signature and then presented to the City Council for their approval at the next
regularly scheduled City Council meeting after we receive the signed purchase agreement
Maintenance Center
17073 Adelmann 51. S.E., Prior Lake, Minnesota 55372 / Ph. (952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNITY EMPLOYER
Thank you for your cooperation on these matters and please call me at 952 - 447 - 9890
(office) or 952 - 292 - 2080 (mobile) if you have any questions.
I:e'
Bud Osmundson, P.E.
Public Works Director
Cc: Frank: Boyles, City Manager
Sue McDermott, City Engineer
Suesan Lea Pace, City Attorney
I agree to accept the City's offer for the purchase of the permanent and temporary
easements as set forth above; subject, however, to my acceptance of the terms
of the final purchase agreement (including without limitation the legal
description of the easement area) and execution of the purchas~ agreement
by all parties not later than April 8, 2003. If a final purchase
agreement has not been executed by 4:25 p.m. on Tuesda~April 8, this
letter agreement is null and void.
Date: j~h~t!J3
(Reserved for Recording Data)
GRANT OF PERMANENT EASEMENT
AND
TEMPORARY CONSTRUCTION EASEMENT
PERMANENT EASEMENT
This Agreement made this
day of
, 2003, by and between Lawrence N. Schweich
and Bonita J. Schweich, husband and wife ("Fee Owners'), and John M. McKinley, a single person ("Contract for
Deed Holder), (hereinafter collectively referred to as "GRANTORS"), in consideration of Twenty-three Thousand,
Nine Hundred Fifty Dollar(s) ($23,950.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, do hereby grant unto the CITY OF PRIOR LAKE, a municipal corporation organized
under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "CITY", its successors and
assigns, forever, a permanent easement for public street, drainage and utility purposes over, across, on, under, and
through land situated within the County of Dakota, State of Minnesota, as described on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement
premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, drainage
and utility systems over, across, on, under, and through the easement premises, together with the right to grade,
level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street,
drainage and utility systems.
TEMPORARY CONSTRUCTION EASEMENT
The Grantors, in consideration of Seven Thousand Six Hundred Sixty-Three and 50/100 Dollars ($7,663.50)
and other good and valuable consideration to them in hand paid by the CITY, the receipt and sufficiency of which is
hereby acknowledged, do hereby grant unto the CITY, its successors and assigns, a temporary easement for
construction purposes, over, on, across, under, and through the land situated in the County of Scott, State of
Minnesota, as legally described on the attached Exhibit "A".
TO HAVE AND TO HOLD the same, unto the CITY, its successors and assigns, commencing upon
execution of this agreement and expiring October 1, 2004, for the purpose of construction activities associated with
City Improvement Project No. 02-06 (Ring Road Phase 3 improvements); it being the intention of the parties hereto
that the Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy
the above described temporary easement premises, subject only to the right of the CITY to use the same for the
purposes herein expressed.
The CITY agrees that it shall restore all affected areas to a condition as nearly as equal to the conditions
existing prior to commencement of construction activities. CITY shall not be responsible for reimbursing Grantors or
replacing any removed or destroyed structures, vegetation, trees or any other items altered, removed or destroyed in
connection with construction activities.
ACKNOWLEDGEMENTS
The above named Grantors, their successors, heirs, and assigns do covenant with the CITY, its successors
and assigns, that they are well seized in fee title to the easement premises described herein; that they have the sole
right to grant and convey the permanent and temporary easements to the CITY; that there are no unrecorded
913193-1
2
interests in the easement premises; and that they will indemnify and hold the CITY harmless for any breach of the
foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor(s) hereto has/have signed this agreement this day of
GRANTOR(S):
John M. McKinley
Lawrence N. Schweich
Bonita J. Schweich
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
John M. McKinley, a single person, Contract for Deed Holder and Grantor.
day of
J by
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
Lawrence M. Schweich and Bonita J. Schweich, husband and wife, Fee Owners and Grantor.
, by
Notary Public
913193-1
3
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF PRIOR LAKE
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Ph. 952.447.4230
kgm
913193-1
4
Location:
Prior Lake
P.lD. No. 259020910
Project No. 1283-032
Parcel No. 7
Date: January 20,2003
That part of the following described parcel ofland in the City of Prior Lake.
A tract ofland in the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4),
Section Two (2), Township one hundred fourteen (114) North, Range Twenty-two (22)
West, described as follows: Commencing at a point on the South line of said Section 2,
said point being 414.6 feet West of the NE com~ of Government Lot 4, Section 11,
Township 114 North, Rang~ 22 West, thence North at a right angle 300 feet; thence West
at a right angle 666.29 feet to the Easterly boundary of the Town Road; thence in a
Southeasterly direction along said Easterly boundary of the Town Road 343.01 feet to the
South line of said Section Two; thence East along the South line of said Section 2, 500.00
feet to the point of beginning. All of the aforedescribed property being in Scott County,
Minnesota.
Which lies within the following permanent easement for street, utility and drainage
purposes:
That part of the Southeast Quarter of the Southwest Quarter (SE 1/4 ofSW 1/4), Section
Two (2), Township one hundred fourteen (114) North, Range Twenty-two (22) West,
described as follows: Commencing at a point on the South line of said Section2, said
point being 414.6 feet West of the NE comer of Govemment Lot 4, Section 11, Township
114 North, Range 22 West, thence North at a right angle 300 feet; thence West at a right
an~e 666.29 feet to the Easterly boundary of the Town Road; thence in a Southeasterly
direction along said Easterly boundary of the Town Road 343.01 feet to the South line of
said Section Two; thence East along the South line of said Section 2, 500.00 feet to the
point of beginning; All of the aforedescribed property being in Scott County, Minnesota.
Said easement is described as that part of the above described tract which lies Northerly
of the following described line.
Commencing at a point on the South line of said Southeast Quarter of the Southwest
Quarter, said point being 414.6 feet West of said Northeast comer of Govemment Lot 4,
Section 11, Township 114, Range 22; thence Northerly, at right angles to said South line,
295.00 feet, to the point of beginning of said line to be hereinafter described; thence
Westerly, at right angles to the last described line, 501.76 feet; thence Westerly and
Southwesterly, 116.33 feet, along a tangential curve concave to the Southeast, having a
2Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
1
F:\ WPWIN\1283-03\SURVEY\P ARCEL7.doc
radius of269.00 feet and a central angle of24 degrees 46 minutes 42 seconds, to said
Easterly boundary of the Town Road, and said line there terminating.
Also which lies within the following temporary easement for coilstruction purposes:
A strip of land 25.00 feet in width over that part of the above described tract, the
Northerly line of which is contiguous with the Southerly line of the above descnbed
permanent street, utility and drainage easement. '
Said strip of land is to extend by its full width from the Easterly line of the above
described tract, to said Easterly boundary of the Town Road.
Parties: John M. McKinley
2Note: This is not a legal docnment. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by Pl'oceedings in eminent domain or negotiation.
2
F:\WPWIN\1283-03\SURVEY\P AReEL7.doc
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