HomeMy WebLinkAbout[09b] Field Street ROW 11 Council Agenda Item 9b
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MEETING DATE: July 18, 2016
AGENDA ITEM: Field Street ROW
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council ordered the improvement for the project
referred to as Field Street which will construct an east west collector beginning at CR 121, traversing to
the east to connect with 7"'Ave SE. As part of this approval, the Council authorized Brad King, SEH, to
act as an agent of the City and secure the needed right-of-way. Most recently the Council approved the
plans and specifications allowing the same to be published for bid solicitation.
BACKGROUND INFORMATION: The Field Street design required ROW acquisition from five
property owners: College of St. Benedict; Raymond/Jackie Meyer; Elite Development; Timothy/Ann
Heymans and Kevin/Amy Kluesner. Brad King, SEH,has met with all the property owners presenting
the offer of the City. At this time four of the five acquisitions have been resolved and staff is seeking
approval of the terms and payment. The included Memorandum of Understanding identifies the terms and
payment for those that have been resolved. We are hoping to have the final acquisition available shortly.
The following is a summary of payments:
College of St. Benedict 1.35 A $ 16,080
Amy Kluesner 4.20 A $ 109,689
Tim/Ann Heymans 0.89 A $ 17,460
Elite Development S secured through platting
All property owners were paid the same per acre rate some had other considerations such as loss of rent
(farming) and easements are examples. In addition to the compensation listed above, the City construct a
re-aligned driveway for the Kluesner and Heymans property at the City expense.
BUDGET/FISCAL IMPACT: S approx. 145,000 (MSA Funds)
ATTACHMENTS: Request for Council Action
Memorandum of Understanding—CSB
Memorandum of Understanding—Kluesner
Memorandum of Understanding—Heymans
REQUESTED COUNCIL ACTION: Authorize payment for the ROW acquisition and authorize the
Mayor and Administrator to execute the required documents for the acquisition.
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MEMORANDUM OF UNDERSTANDING
Field Street Project— St. Joseph
PID: 84.53475.0505
Property Address: 37 South College Avenue, St. Joseph, MN 56374
Fee Owner: College of Saint Benedict
On this_day of July, 2016, the College of Saint Benedict, Owner of the above
described parcel of property located in the City of St. Joseph, State of Minnesota, and more
particularly described as Outlot D, College 2nd Addition, Stearns County, Minnesota, does enter
into this Memorandum of Understanding with the City of St. Joseph regarding the construction
and conveyance of a storm water retention pond and temporary construction easement relating to
the Field Street improvements within the City of St. Joseph.
It is hereby acknowledged and agreed upon between the parties that:
1. The Owner has been furnished with the approved estimate of just compensation
for the property which will be acquired and a summary statement of the basis for the estimate.
'The Owner understands that the property to be acquired is for use in connection with the
construction of the Field Street improvement project within the City of St. Joseph.
2. The property which will be acquired for purposes of the storm water retention
pond is currently described as follows:
That part of Outlot D, COLLEGE 2ND ADDITION, Stearns County, Minnesota, lying
southerly and easterly of the following described line:
Commencing at the southeast corner of said Outlot D; thence on an assigned bearing of
North 00 degrees 59 minutes 10 seconds West, along the east line of said Outlot D, a
distance of 120.00 feet to the point of beginning of the line to be herein described; thence
South 89 degrees 00 minutes 23 seconds West a distance of 495.00 feet to the west line of
the East 495.00 feet of said Outlot D; thence South 00 degrees 59 minutes 10 seconds
East, along said west line, a distance of 108.16 feet to the south line of said Outlot D, and
said line there terminating. Containing 58,899 square feet, more or less.
Subject to easements, restrictions and reservations of record.
The Owner is currently replatting College 2nd Addition and the Owner agees to convey the
above-described property as an outlot once the final replat for College 2"a Addition has been
recorded.
3. The Owner does hereby grant and convey to the City, and its successors and
assigns, a temporary construction easement to construct the storm water retention pond on the
property described in Paragraph 2 above, the "Retention Pond Easement Parcel".
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4. In addition, the Owner does hereby grant and convey to the City, as a temporary
construction easement over and across the southerly 15 feet of Outlot D, College 2nd Addition,
lying west of the East 495.00 feet of said Outlot D, which contains approximately 4,867 square
feet, more or less, the "Temporary Easement Parcel". The City covenants and agrees to restore
the ground on the Temporary Easement Parcel to the same grade and condition as it was prior to
the construction, as far as it is practicable to do so, all said construction work to be done in a neat
and workmanlike manner.
5. City shall defend, with counsel approved by Owner, indemnify and hold Owner
harmless from and against all liabilities, damages, claims, demands,judgments and expenses,
including,but not limited to, reasonable attorney's fees, which may be imposed upon or be
incurred or paid by or asserted against Owner by reason of or in connection with any accident,
injury, death or injury to any person or property resulting from the construction or use of the
Retention Pond Easement Parcel or the Temporary Easement Parcel.
6. The Owner understands and acknowledges that the Agent for the City of St.
Joseph has no direct, indirect,present, or contemplated future personal interest in the property or
in any benefits from the acquisition of the property.
7. That in full compensation for the property to be conveyed to the City as described
in Paragraph 2 above,the City of St. Joseph shall pay the Owner the sum of Sixteen Thousand
Eighty and no/100ths Dollars ($16,080.00) for fee taking, temporary easement and damages.
Owner understands that the payment by the City of St. Joseph must await approval and
processing of a voucher.
8. In the event of a clerical error, Grantor, whether one or more, agree to cooperate
in correcting the error including but not limited to resigning all documents.
It is understood and agreed that the agreement of the parties is contained in this Memorandum of
Understanding and that these documents and Memorandum of Understanding include all oral
agreements, representations, and negotiations between the parties.
Date: By:
Brad King, Agent for the City of St. Joseph
COLLEGE OF ST. BENEDICT
By
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MEMORANDUM OF UNDERSTANDING
Field Street Project-St. Joseph
PID: 31.21302.0150
Property Address: 29645 9�`h Avenue, St. Joseph, MN 56374
Fee Owner: Amy J. Kluesner
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On this��day of June, 2016, Amy J. Kluesner, O�mer of the above described parcel of
property located in the City of St. Joseph, State of Minnesota, did execute and deliver a conveyance of
real estate to the City of St. Joseph.
This Understanding is now made and entered as a Memorandum of the terms agreed upon in connection
with the above transaction. It is hereby acknowledged and agreed upon betw-een the parties that:
1. The Owner has been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owner understands that the
acquired property is for use in connection with the construction of the Field Street improvement project
within the City of St. Joseph.
2. The Owner understands and acknowledges that the Agent for the City of St.Joseph has
no direct, indirect,present,or contemplated future personal interest in the property or in any benefits from
the acquisition of the property.
3. That in full compensation for the conveyance of said property;the City of St. Joseph shall
pay Owner the sum of One Hundred Nine Thousand Six Hundred Eighty Nine and no/100ths Dollars
($109,689.00) for fee taking,temporary easement and damages. Owner understands that payment by the
City of St. Joseph must a��ait approval and processing of a voucher.
4. In the event of a clerical error,Grantor,whether one or more, agree to cooperate in
correcting the error including but not limited to resigning all documents.
5. Additionally: Disturbed driveway, sidewalk, steps, railing,landscaping and sodding
within the easement area to be restared as part of construction by the City of St. Joseph and its contractars
at no cost to the Owner. Further, if Field Street is extended to 7"'Ave SE,the existing driveway and
mailbox and newspaper receptacles will be relocated westerly to connect to the end of Field Street(See
E�ibit 1)as part of the construction by the City of St.Joseph at no cost to Owner.
It is understood and agreed that the agreement of the parties �s contained in this Memorandum of
Understa.uding and conveyance docuineirts dated June � 2016 and that these documents and
Memorandum of Understanding include all oral agreeme ts, representations, and negotiations between
the parties.
Date: �t� By:
Brad King,Agent for the City of St. Joseph
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Amy J. Kluesner, tor
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Kevin J. Kluesner rantor
MEMORANDUM OF UNDERSTANDING
Field Street Project-St. Joseph
PID: 3121302.0155
Property Address: 29643 95`h Avenue, St. Joseph, MN 56374
Fee Owner: Timoth_y P.H.Heymans and Ann MH.Heymans,husband and wife
On this�day of June, 2016,Timothy P.H. Heymans and Ann M.H.Heymans,husband
and wife, Owners of the above described parcel of property located in the City of St. Joseph, State of
Minnesota, did execute and deliver a conveyance of real estate to the City of St. Joseph.
This Understanding is now made and entered as a Memorandum of the terms agreed upon in connection
with the above transaction. It is hereby acknowledged and agreed upon between the parties that:
L The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners understand that the
acquired property is for use in connection with the construction of the Field Street improvement project
�vithin the City of St. Joseph.
2. The Owners understand and acknowledges that the Agent for the City of St.Joseph has
no direct, indirect,present, or contemplated futtue personal interest in the propert}�or in any benefits from
the acquisition of the property.
3. That in full compensation for the conveyance of said property,the City of St. Joseph shall
pay Owners the sum of Seventeen Thousand Four Hundred Sixty and no/100ths Dollars ($17,460.00)for
fee taking and damages. Owners understand that payment by the City of St. Joseph must await approval
and processing of a voucher.
4. In the event of a clerical error, Grantor,whether one or more, agree to cooperate in
correcting the error including but not limited to resigning all documents.
5. Additionally: If Field Street is extended to 7`h Ave SE,the existing driveway and
mailbox and newspaper receptacles will be relocated westerly to connect to the end of Field Street(See
Exhibit 1)as part of the construction by the City of St.Joseph at no cost to Owner.
It is understood and agreed that the agreement of the parties is contained in this Memorandum of
Understanding and conveyance documents dated June �$ , 2016 and that these documents and
Memorandum of Understanding include all oral agreements, representations,and negotiations between
the parties.
Date: 6'2��� Bv:
Brad King,Agent for the City of St. Joseph
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Timothy P.H.Heymans,Grantor
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Ann M.H. Heymans, Grantor