HomeMy WebLinkAboutResolution - 2017-64 - Settlement od Easement Acquisitions for Parcel 28 Shady Oak Road - 06/13/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-64
RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR
PARCEL 28 OF THE SHADY OAK ROAD SOUTH IMPROVEMENTS
I.C. 11-5800
WHEREAS, the City of Eden Prairie ("City") commenced a condemnation action related to
project number T.C. 11-5800, commonly known as the Shady Oak Road South Improvements
project(the "Project"); and
WHEREAS, the Project included taking permanent and temporary construction easements from a
parcel located in Eden Prairie and commonly known as 6700 Shady Oak Road, Eden Prairie,
Minnesota("Parcel 28"or the "Property"); and
WHEREAS, the District Court awarded the City possession of the easements on April 28, 2014;
and
WHEREAS,the sole remaining issue is resolution of the acquisition cost for the easements; and
WHEREAS, the City previously authorized acquisition of the easements for the sum total of
$223,650.00 based upon an appraisal valuation; and
WHEREAS,the Property owner rejected the City's appraisal valuation; and
WHEREAS, after negotiations between the parties, the City Engineer, Director of Public Works,
and City Attorney recommended settlement in the amount of $500,000.00, which includes all
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 approves the settlement for easement acquisition in the amount of
$500,000.00 which includes all claims and costs associated with the easement
acquisition; and
3. The City Council approves the execution of the settlement agreement attached hereto as
Exhibit A.
ADOPTED by the Eden Prairie City Council on June 13, 2017.
anc yr u s ayor
ATTEST:
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11 a een Porta, City Clerk
EXHIBIT A
SETTLEMENT AGREEMENT
SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT
This Settlement Agreement (the "Agreement") is entered into by and between the City of
Eden Prairie, a Minnesota municipal corporation (the "City") and EV1NE Live, Inc., a Minnesota
corporation (the "Owner").
RECITALS
WHEREAS, the City has taken certain real property located at 6700 Shady Oak Road, Eden
Prairie, MN (the "Property"), and legally described on the attached Exhibit A and depicted on
Exhibit B, for the Shady Oak Road South Improvements Project (the "Project"), all pursuant to a
Petition, Stipulation, and Order, and filed with the Hennepin County District Court for the matter
captioned, City of Eden Prairie v. Eden Prairie Associates, LLC, et al., Court File No. 27-CV-14-
1122 (the"Action");
WHEREAS, the City is obligated to pay the Owner just compensation for the Property taken
pursuant to the Action; and
WHEREAS, the City and the Owner have reached 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. I,t}comoration of Definitions and Recitals. All definitions and recitals above are
incorporated by reference and made a part of this Agreement.
2. Iu,st .C'woninen safloil. As just compensation for the Property taken pursuant to the
Action, the City shall pay the Owner the sum total of Five Hundred Thousand and
No/100 Dollars ($500,000.00) (the "Payment"). The Payment shall be made
payable to the Owner and its mortgagee(s), if any, unless otherwise advised by the
mortgagee(s). The payee(s) shall provide the City Attorney with an executed W9.
3. Commissioners' Award. The City Attorney 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.
4. Release. In consideration for the Payment, the Owner hereby finally and forever
releases any and all claims demands, damages, actions, rights, rights of action of
whatever kind or nature it now has or may hereafter have against the City related
to the Action, whether known or unknown, now or in the future, including but not
limited to, attorney's fees, interest, and appraisal fees, and further waives all rights
to appeal the Commissioners' Award.
5. Eaitirg A tnclit, This Agreement, including the Recitals set forth above and
Exhibit A attached hereto, constitute the entire Agreement between the City and
the Owner relating to the Action.
6. Severablity. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of any of its other
provisions.
7. Goverging Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Minnesota, without reference to the
choice-of-laws doctrine of any jurisdiction.
8. 'catt�rtazia_t .. This Agreement may be executed in one or more duplicate
cowiterparts, including facsimile and PDF counterparts, each of which shall be
deemed an original and together shall constitute one and the same instrument.
9, kNec tiv Date. 'this Agreement shall take effect upon the last date of execution
set forth opposite the signatures below.
CITY OF EDEN PRAIRIE
Dated:
Nancy Tyra-Lukens, Mayor
Dated: ___ ....... Rick Getschow.....City Manager
EVINE L W—, INC.
Dated: BY
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..", jz�, , SEA l r ... �. ...
EXHIBIT A
PARCEL28
A perpetual easement for roadway and utility purposes over, under, across and through that part
of Lot 1, Block 1, SHADY OAK INDUSTRIAL PARK THIRD ADDITION, according to the
recorded plat thereof, described as beginning at the most easterly corner of said Lot l; thence
South 22 degrees 53 minutes 13 seconds West, assumed bearing, along the southeasterly line of
said Lot I a distance of 2.00 feet to the intersection with a line run parallel with and distant 2.00
feet southwesterly of the northeasterly line of said Lot 1; thence northwesterly along said parallel
line a distance of 324.74 feet; thence northwesterly 140,00 feet along a tangential curve concave
to the southwest having a radius of 470.00 feet and a central angle of 17 degrees 04 minutes 02
seconds; thence South 25 degrees 34 minutes 19 seconds West, radial to said curve, a distance of
4.00 feet; thence northwesterly 93.32 feet along a curve concentric with the last described curve;
thence North 75 degrees 54 minutes 06 seconds West, tangent to said curve, a distance of 31.05
feet; thence South 57 degrees 29 minutes 07 seconds West a distance of 59.49 feet; thence
southwesterly 173.26 feet along a non-tangential curve concave to the northwest having a radius
of 334.00 feet to a point on the northwesterly line of said Lot 1 distant 152,54 feet northeasterly
from the most westerly corner of said Lot 1; thence northeasterly along the northwesterly lines of
said Lot 1 to the most northerly corner thereof; thence southeasterly along the northeasterly lines
of said Lot 1 to the point of beginning.
A temporary easement for construction purposes over, under, across and through that part of Lot
1, Block I, SHADY OAK INDUSTRIAL PARK THIRD ADDITION, according to the recorded
plat thereof, described as commencing at the most easterly corner of said Lot 1; thence South 22
degrees 53 minutes 13 seconds West, assumed bearing, along the southeasterly line of said Lot 1
a distance of 2.00 feet to the intersection with a line run parallel with and distant 2,00 feet
southwesterly of the northeasterly line of said Lot 1; thence northwesterly along said parallel line
a distance of 203.10 feet to the point of beginning of said temporary easement; thence continuing
northwesterly along said parallel line a distance of 121.64 feet, thence northwesterly 140.00 feet
along a tangential curve concave to the southwest having a radius of 470.00 feet and a central
angle of 17 degrees 04 minutes 02 seconds; thence South 25 degrees 34 minutes 19 seconds
West, radial to said curve, a distance of 4.00 feet; thence northwesterly 93,32 feet along a curve
concentric with the last described curve; thence North 75 degrees 54 minutes 06 seconds West,
tangent to said curve, a distance of 31.05 feet; thence South 57 degrees 29 minutes 07 seconds
West a distance of 59.49 feet; thence southwesterly 173.26 feet along a non-tangential curve
concave to the northwest having a radius of 334,00 feet to a point on the northwesterly line of
said Lot 1 distant 152.54 feet northeasterly from the most westerly corner of said Lot I; thence
South 38 degrees 02 minutes 06 seconds West along said northwesterly line a distance of 37.96
feet; thence South 51 degrees 57 minutes 54 seconds East a distance of 15.00 feet; thence North
38 degrees 02 minutes 06 seconds Fast a distance of 47.93 feet; thence North 65 degrees 15
minutes 34 seconds East a distance of 24.74 feet;thence South 51 degrees 57 minutes 54 seconds
East a distance of 20,79 feet; thence North 37 degrees 56 minutes 02 seconds Last a distance of
113.09 feet; thence South 52 degrees 03 minutes 58 seconds Last a distance of 40.18 feet; thence
North 38 degrees 05 minutes 20 seconds East a distance of 56.71 feet; thence South 51 degrees
54 minutes 40 seconds East a distance of 2.35 feet; thence North 38 degrees 07 minutes 19
seconds East a distance of 10.71 feet; thence South 52 degrees 00 minutes 51 seconds East a
distance of 173.41 feet; thence South 38 degrees 05 minutes 20 seconds West a distance of 17.29
feet; thence South 51 degrees 54 minutes 40 seconds East a distance of 149.59 feet; thence North
38 degrees 05 minutes 20 seconds East a distance of 63.92 feet; thence South 47 degrees 49
minutes 15 seconds East a distance of 13.64 feet; thence North 41 degrees 30 minutes 00 seconds
East a distance of 12.00 feet to the point of beginning,
Said temporary easement to expire on .Tune 30, 2016,
Interested Parties and Nature of Interest
EVINE Live, Inc.—Fee Interest
Hennepin County—Taxes
Directv, Inc.—Mortgage
Shady Oak Ventures, LLC—Drainage Easement
EXHIBIT B
(Easement Sketch)
Nu uulNalmuullulN.
NBC SIGN AT EAST ENTRANCE TO BE RELOCATED o so goo
HE OWNER.
TALLS WILL BE REMOVED FROM PARKING LOT AND 5°°ie i^ .aa.
ALLS WILL BE CONSTRUCTED (9 STALLS PERMANENTLY
lVED).
DITIONAL STALLS WILL BE TEMPORARILY IMPACTED
NG CONSTRUCTION.
CTS TO PARKING LOT IS LIMITED 60 DAYS. MEN
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AREA COMPUTATIONS
ter,; EXISTING PARCEL = 541,9
PROPOSED R/W = 11,553 S
..ri REMAINING PARCEL = 530,
PROPOSED TEMPORARY EASE
PROPOSED D/U = 1,290 SF