HomeMy WebLinkAboutResolution - 2022-129 - Authorizing Settlement of Easement Acquisitions for Parcel 2 for the Town Center Station Project - 12/06/2022CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-129
RESOLUTION AUTHORIZING SETTLEMENT OF FEE, PERMANENT RETAINING
WALL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT
ACQUISITIONS FOR PARCEL 2 ON THE TOWN CENTER STATION PROJECT,
CITY PROJECT NO. I.C. 16-5944
WHEREAS, the City of Eden Prairie ("City") commenced a condemnation action related to project
number LC. 16-5944, commonly known as the Town Center Station project (the "Project"); and
WHEREAS, the Project included taking fee, permanent retaining wall, and temporary construction
easements from a parcel located in Eden Prairie and commonly known as 12200 Singletree Lane,
Eden Prairie, Minnesota ("Parcel 2" or the "Property"); and
WHEREAS, the District Co mi awarded the City possession of the fee and temporary construction
easements on August 6, 2019; and
WHEREAS, the sole remaining issue is resolution of the acquisition cost for the fee, permanent
retaining wall easement, and tempora1y construction easement; and
WHEREAS, the City previously authorized acquisition of the fee and easements for the sum total
of $263,000.00 based upon an appraisal valuation; and
WHEREAS, the Prope1iy owner rejected the City's appraisal valuation; and
WHEREAS, after negotiations between the paiiies, the City Engineer and City Attorney
recommend settlement pursuant to the terms of the settlement agreement attached hereto as Exhibit
A, which includes all statutory allowable claims and costs associated with the easement acquisition.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. The Recitals set forth above are incorporated herein;
2. The City Council authorizes and approves the execution of the settlement agreement
attached hereto as Exhibit A.
ADOPTED by the Eden Prairie City Council on December 6, 2022.
Z---
Ronald A. Case, Mayor
ATTEST:
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EXHIBIT A
(Settlement Agreement
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered into this 6111 day of December,
2022, by and between the City of Eden Prairie, a Minnesota municipal corporation (the "City")
and BW Bowling Properties LP, a Delaware limited partnership (the "Owner").
RECITALS
WHEREAS, the City has taken certain real property located 12200 Singletree Lane, Eden Prairie,
MN (the "Property"), and legally described on the attached Exhibit A for the Town Center Station
project (the "Project"), pursuant to a Petition and subsequent Order filed in the Hennepin County
District Court for the matter captioned, City of Eden Prairie v. BREMCO Eden Prairie Limited
Partnership, et al., Court File No. 27-CV-19-7881 (the "Action").
WHEREAS, the City is obligated to pay the Owner just compensation, including allowable
statutory fees and costs for the Property taken pursuant to the Action; and
WHEREAS, the City and the Owner, by and through their counsel, have reached an agreement as
to the just compensation for the Property that was taken pursuant to the Action.
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 Owner 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 the City shall pay the Owner the sum total of Three Hundred Thirty-Five
Thousand and No/100 Dollars ($335,000.00). The parties acknowledge that the
City deposited the quick take appraisal amount of $263,000.00, and that the Owner
has already recovered the same. Therefore, the City will remit a check payable to
the Owner in the amount of $72,000.00 ("Payment"). The check shall be made
payable to "BW Bowling Prope1iies LP". A W9 is required for issuance of the
Payment. Payment will be remitted by the City within 7 days after the
Commissioners Report and Award has been served and filed with the Court and
upon written consent from the lender which may be given by email. The City shall
file the Award with the Court within two business days after receipt of the fully
executed Award.
3. Commissioner's Award. The City's counsel shall prepare a Commissioner Award
consistent with the amount of the settlement and send the same to the
Commissioners for their execution and filing as required by Minnesota statutes.
4. Payment. In consideration for the Payment, the Owner and their heirs, assigns,
trustees, executors, lender, and successors-in-interest, hereby finally and forever
release any and all claims they have or may have against the City pursuant to Minn.
Stat. ch. 117 and related to the taking described as Parcel 2 in the Petition, whether
known or unknown, now or in the future as to the amount of just compensation, and
waive all right to appeal following the filing of the Commissioners' Award.
CITY OF EDEN PRAIRIE
By:~~~~~~~~~~~~~
Ronald A. Case
Its: Mayor
By: __________ _
Rick Getschow
Its: City Manager
OWNER: BW Bowling Properties LP
By: ___________ _
EXHIBIT A
That pmi of Lot 2, Block 1, EDEN PRAIRIE MARKETCENTER, Hennepin County, Minnesota,
lying northerly of the following described line:
AND
Commencing at the northeast corner of said Lot 2, Block 1, EDEN PRAIRIE
MARKETCENTER; thence South 00 degrees 26 minutes 20 seconds West, assumed
bearing, along the east line of said Lot 2, Block 1 a distance of 20.81 feet to the point of
beginning of the line to be described: thence South 82 degrees 14 minutes 06 seconds West
a distance of 370.62 feet to the west line of said Lot 2, Block 1 and said line there
terminating.
A permanent retaining wall easement over the following property:
That part of Lot 2, Block 1, EDEN PRAIRIE MARKETCENTER, Hennepin County, Minnesota,
described as follows:
Commencing at the northeast corner of said Lot 2, Block 1, EDEN PRAIRIE
MARKETCENTER; thence South 00 degrees 26 minutes 20 seconds West,
assumed bearing, along the east line of said Lot 2, Block 1 a distance of20.81 feet;
thence South 82 degrees 14 minutes 06 seconds West a distance of 177.07 feet to
the point of beginning of the land to be described; thence South 07 degrees 45
minutes 54 seconds East a distance of 15.00 feet; thence South 82 degrees 14
minutes 06 seconds West a distance of 132.08 feet; thence North 07 degrees 45
minutes 54 seconds West a distance of 15.00 feet; thence Nmih 82 degrees 14
minutes 06 seconds East a distance of 132.08 feet to the point of beginning.
EXCEPT that part lying within the existing building.
AND
A temporary easement over the following property:
That part of Lot 2, Block 1, EDEN PRAIRIE MARKETCENTER, Hennepin County, Minnesota,
described as follows:
Commencing at the northeast corner of said Lot 2, Block 1, EDEN PRAIRIE
MARKETCENTER; thence South 00 degrees 26 minutes 20 seconds West, assumed
bearing, along the east line of said Lot 2, Block 1 a distance of 20.81 feet to the point of
beginning of the land to be described: thence South 82 degrees 14 minutes 06 seconds West
a distance of 370.62 feet to the west line of said Lot 2, Block 1; thence South 00 degrees
26 minutes 20 seconds West along said west line of Lot 2, Block 1 a distance of23.15 feet;
thence South 89 degrees 33 minutes 40 seconds East a distance of 366.82 feet to the east
line of said Lot 2, Block 1; thence North 00 degrees 26 minutes 20 seconds East a distance
of 76.04 feet to the point of beginning.
EXCEPT that part lying within the existing building.
Said temporary easement to expire on December 1, 2021.