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Home My WebLink AboutRing Road Easement - Schmaltz CITY COUNCIL AGENDA REPORT MEETING DATE: May 19, 2003 AGENDA #: 5G PREPARED BY: Bud Osmundson, Public Works Director AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING ACQUISITION OF A PARCEL FROM CHARLES AND JOY SCHMALTZ 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 and to address and mitigate traffic and safety concerns. 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 necessary right of way from the McKinley property, the Thrift Store Property, the Wells Fargo property and 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: Chuck and Joy Schmaltz own the parcel on the north side of Tower Street, west of Duluth Avenue, and south of Maplewood Street. On this parcel, the City requires both a permanent easement (1334 square feet) and temporary easement for construction purposes for the Ring Road. The total purchase amount for the easements on this parcel is $4,500.00. We have also agreed to install 6 trees and move 3 trees on the property. Attached is an 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 the property. With this action there is only one property that will need to go through the condemnation process, the Priordale Mall property. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 U:\OSMUNDSON\STREET SYSTEM\RING RO~~~~Ao,ij)J!I~ffi\7~PS~~AL TZ PURCHASE DOC ALTERNATIVES: (1) Approve Resolution 03-XX Authorizing the Acquisition of a permanent and temporary easement from Chuck and Joy Schmaltz at a cost not to exceed $4,500.00 and authorizing the Mayor and City Manager to execute the necessary documents. (2) Take no action. RECOMMENDED MOTION: Alternative (1). U:\OSMUNDSON\STREET SYSTEM\RING ROAD\AGENDA APPROVE SCHMALTZ PURCHASE,DOC RESOLUTION 03-xx RESOLUTION AUTHORIZING ACQUISTION OF A PERMANENT AND TEMPORARY EASEMENT FROM CHUCK AND JOY SCHMAL TZ 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 02-22, the City Council approved the plans and specifications for the Ring Road Phase 2 Improvement Project, City Project #01-01; and the City Council has previously determined that permanent and temporary easements across the property commonly known as the Charles and Joy Schmaltz site (the legal descriptions of which are attached hereto), are necessary for public purpose for the construction of the roadway improvements commonly referred to as the Ring Road; 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 $4,500.00. 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 release said parcels from the condemnation action. 16?OO EarlIe rreek Ave.5.E.,. Prior Lake, Minnesota 55.~72-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 U:\()smuilitsonlS"treei"SystemJring Koad\Agenda approve Schmaltz purchase.DOC AN EQUAL OPPORTUNITY EMPLOYER Passed this 19th day of May 2003. YES NO BlomberQ BlomberQ HauQen HauQen LeMair LeMair Petersen Petersen Zieska Zieska { Seal} Frank Boyles, City Manager X:\Osmundson\Street System\Ring Road\Agenda approve Schmaltz purchase.DOC ~ .,:\. (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PERMANENT EASEMENT This Agreement made this 1~ da~ of ~, 2003, by and between Clarence Schmaltz and Yvonne Schmaltz, husband and wife ("Fee Owners 1 , and Charles E. Schmaltz and Joy Schmaltz, husband and wife ("Contract for Deed Holders1, (hereinafter collectively referred to as "GRANTORS"), in consideration of Three Thousand Five Hundred Ninety-Seven and 50/100 Dollar(s) ($3,597.50) 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", As good and valuable consideration, the CITY agrees to provide and plant six 6-foot spruce trees in a location determined by the Grantor, and to re-Iocate 3 additional trees. For the purpose providing this consideration, GRANTOR agrees to allow CITY, its contractors, agents, servants and assigns, access to the property for the purpose of planting and re-Iocating the trees. Further, the 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 planting and relocating the trees. GRANTOR further grants unto the CITY 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 CITY agrees that it shall restore all areas within the temporary easement to a condition as nearly as equal to the conditions existing prior to commencement of construction activities. CITY shall not be responsible for 913193-1 2 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 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 L day of .~~~ \ ,?ro~ . GRANTOR(S): Clarence Schmaltz ~j c!cL~f Y ne Schmaltz 913193-1 3 STATE OF MINNESOTA ) 5 ) ss. COUNTY OF L~ ) lL The foregoing instrument was acknowledged before me this -, day of\"{\. ~ Charles E. Schmaltz and Joy Schmaltz, husband and wife, Contract for Deed Holder and Grantors. \. ROSE C LERBAKKEN Notary PublIc MInnesota My Commission ExIIim JIllUIIy 31, , 2003 by fi ~ ~ ~oJl\~ Notary Public STATE OF MINNESOTA COUNTYO~~~ ) ) ss. ) The foregoing instrument was acknowledged before me this 7 day of JJL~ ' 2003 by Clarence Schmaltz and Yvonne Schmaltz, husband and wife, Fee Owners and Grantors, . . JUDITH A, BON KOSKI Notary Public . Minnesota My Commission Expires Jan. 31,2005 re4 Notary Public 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 EXHIBll"A" to GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Leqal Description That part of the following described parcel of land in the City of Prior Lake: Lot 6, Jo-Anna Stepka's 4th Addition, Scott County, Minnesota, according to the recorded plat thereof, EXCEPT that part of Lot 6, Jo-Anna Stepka's 4th Addition, according to the recorded plat thereof on file in the Office of the County Recorder, Scott County, Minnesota, lying South of a line drawn parallel with and 60 feet north of the most Southerly line of said Lot 6 and the Easterly and Westerly extension of said South line. AND Outlot A, Brooksville Center First Addition, Scott County, Minnesota, according to the recorded plat thereof. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 6, Jo-Anna Stepka's 4th Addition, lying North of the South 60.00 feet .. .. thereof and that part of Outlot A, Brooksville Center First Addition, according to the. .. recorded plats on file and ofrecoi:'d in the. office of the County Recorder, Scott County, Minnesota, lying Southerly ofa 152.00 foot radius curve concave to the North, said curve is tangent to the Easterly line. of said Outlot A and a line drawn parallel with and distant 60.00 feet North of the South line of said Lot 6. Also which lies within the following temporary easement for construction purposes: The Southerly 5.00 feet of said Lot 6 and the Easterly 5.00 feet of said Outlot A, except that part which lies within the above described permanent street, utility and drainage easement. And also a strip ofland 5.00 feet in width over that part of said Lot 6 and Outlot A, the Southerly line of said strip ofland is contiguous with the Northerly line of the above described permanent street, utility and drainage easement. Said temporary easement to expire Parties: Fee: Clarence & Yvonne Schmaltz Contract for Deed: Charles E. Schmaltz: 913193-1 5 .. .. / , / .. I .. .. I .. .. I .. .. I I / \ \ I .. \ \ I I / 01 TOWER SlREET / . \\ \,<,:: EXISTING EASEMENT--" ./ '-'' - u_, .~:,-,.- .1, .----.. ---_ __ _. .____ ___.~~~.,_ L._______. ._../ ._' ._.. _--- __------- ~, Ii ___________- , ',------------ , , '--SOUTH LINE LOT 6 I '. \, ."'\ /' ", .... \ / , .... " / , /.... ", ../.... ", ,/' ", /" " .. , ../.. ../' ./.. A'''' \\o~ ~oo\ ~~~~ .)0-'" PROPOSED STREET.UTILITY AND DRAINAGE EASEMENT AREA = 1334 sa FT 152' RADIUS-_..... ......... ~ - ---------- c: Ol ~ N '7' u u '- o Co / >. Ql > .... :J .. / N o o , ,., 00 ~ / E ... WSB 4150 Olson Memorial Highway Suite 300 Minneapolis. MN 55422 763-541~ FAX 763-541-1700 Easement Exhibit Prior Lake, Minnesota Parcel Number 2 cI~l",," lr"II:f..h.'.n:flr..IIJ:I......iI~[C'II~I:::::I.:~~ .:I.""I-,,:::r:"'-I " ", ", ...'............ ~~J?~~:~.~~~;.._.._.,_.. I I .. .. I -......... , .........--.........-..)' ~ J.... () 4:::' ~ ~~ t; _~$ r~ -- ~~ ~ ~ .. .. / .. I .. I .. .. I .. / .. / .. .. / .. / / y ~- I o 25 50 WSB Project No, 1283-002 Date: November 7, 2001 CONSENT TO EASEMENT BY MORTGAGEE PEOPLES BANK OF COMMERCE, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated May 14,1997 and recorded June 16, 1997 as Document No, 394162 with the office of the County Recorder for Dakota County, Minnesota, and amended by that certain Modification of Mortgage dated June 10, 2002 and recorded September 10, 2002 as Document No. 562419, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do(es)" hereby join in, consent to and subjects its interest in the subject property to the foregoing Grant of Permanent Easement. PEOPLES BANK OF COMMERCE By: Ik.<e-a"'d~ Its .tSE..)~aa... U,-LE f'~cs\ Oc~'\ BY-/~;(~ Its e- tI .27 , STATE OF MINNESOTA COUNTY OF f^M"SE Y l ss. j . ANGELA K. QUAM I NOTARY PUBLIC - MINNESOTA My Comm, Expires Jan. 31. 2005 . The foregoing instrument was acknowledged before me this - day of /11 It I( , 2003, by fV\ ,Ctt-t\E.J- fL., /'II\.()~S:E and by"-' Mr>Ttty' /L.., l- 1,..10 B L.P<D the -St;..1,c(2.. ,hu:: f{l~:5. and GEl-. va fie> Df PEOPLES BANK OF COMMERCE. on its be~ ~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Telephone: (952) 447-4230 kgm 913193-1 6