23-001 (01-03) Approve Settlement Agreement Authorizing Payment for Acquisition of Parcel 3DocuSign Envelope ID: 41 EA6338-61 CF-4565-l382F-Dl30l365FF40F6
RESOLUTION NO. 23-001
RESOLUTION APPROVING SETTLEMENT AGREEMENT AND AUTHORIZING
PAYMENT FOR THE ACQUISITION OF PROPERTY RIGHTS
FROM PARCEL 3
WHEREAS, The City received a commitment for funding from the State of
Minnesota for the Douglas Drive and Trunk Highway 55 Intersection Improvement Project,
Project No. 20-15 (the "Project');
WHEREAS, the City required additional property rights in order to construct and
maintain the Project as designed, including acquisition of a Permanent Easement for right-
of-way purposes and a Temporary Easement for construction purposes from the property
located at 6401 Westchester Circle, Golden Valley, MN (Hennepin County Tax Parcel No.
32-118-21-41-0036), designated as "Parcel 3";
WHEREAS, on October 6, 2022, the City Council passed Resolution No. 22-091
Authorizing Eminent Domain Proceedings to Acquire Certain Real Property Interests,
including the interests to be acquired from Parcel 3;
WHEREAS, on October 11, 2022, legal counsel for the City initiated an eminent
domain action in Hennepin County District Court entitled City of Golden Valley v. Seth M.
Humphrys, et al., Court File No. 27-CV-22-14935 (the "Condemnation");
WHEREAS, since filing the Condemnation, City staff and consultants have
continued to negotiate with the owners of Parcel 3 to reach a voluntary agreement on the
terms of the acquisitions from Parcel 3;
WHEREAS, subject to approval by the City Council, representatives of the parties
have negotiated an agreement regarding the terms of the acquisition, including the amount
of compensation to be paid for the resolution of all outstanding claims related to the
acquisition and the Condemnation (the "Settlement Agreement"), a copy of which is
attached hereto as Attachment A;
WHEREAS, as a part of the Settlement Agreement, representatives of the parties
have negotiated a Permanent Easement Agreement, a copy of which is attached hereto as
Attachment B and a Temporary Construction Easement Agreement, a copy of which is
attached hereto as Attachment C (collectively, the "Easements");
WHEREAS, the City Council has fully considered the terms of the Settlement
Agreement and has determined that is in the best interests of the community to approve it
as presented.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
1. The above recitals are incorporated herein to this Resolution;
2. The Settlement Agreement is hereby approved by the City Council of the City of
Golden Valley;
3. The Mayor and City Manager of the City are hereby authorized and directed to
execute all appropriate documents and take all necessary actions to facilitate the
settlement contemplated therein, with all such actions to be in accordance with the
terms and the conditions set forth in this Resolution and the incorporated Settlement
Agreement; and
4. The Mayor and City Manager of the City, staff and consultants are hereby authorized
and directed to take any and all additional steps and actions necessary or
convenient in order to accomplish the intent of this Resolution.
Adopted by the City Council of Golden Valley, Minnesota this 3rd day of January 2023.
ATTEST:
rT
DoeuSigned by:
5
Theresa c yma, City Clerk
2
EDoeuSigned
by:
RAMS
Shepar arris, Mayor
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
ATTACHMENT A
Settlement Agreement
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-DBOB65FF4OF6
Wsb.
Parcel No. 3
Property ID: 32-118-21-41-0036
Fee Owners: Seth M. Humphrys and Rose Humphrys
On this 6th day of January, 2023, Seth M, Humphrys and Rose Humphrys, husband and wife
Owners"), as Owners of the above -described parcel of property located in the City of Golden
Valley, County of Hennepin, State of Minnesota (the "Subject Property"), did execute and deliver
a conveyance related to the aforesaid real estate to the City of Golden Valley (the
including a Permanent Easement for right-of-way purposes and a Temporary Construction
Easement (collectively the "Easements").
This Agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed
upon between the parties that:
zul
Wto 1. The Owners have been furnished with the approved estimate of just compensation for the
3: 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
TH 55 Underpass and Mini -Roundabout Project (the "Project").
2. The Owners understand and acknowledge that WSB's Representative 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 Easements, the City shall pay all
interested parties the sum of Sixty-two thousand, two hundred dollars and 00/100
z
2 ($62,200.00) (the "Settlement Amount"). Owners understand that payment by the City is
6 contingent upon approval by the City Council, recording of the Permanent Easement and
0 processing of a payment voucher. The breakdown of this payment is as follows:
W
zz
77 AyMP
5Permanent
Easement sl -i 965
s uare feet $29,275.00 Temporary
Easement 633
square feet $4,000.00 U)
UJ
z
Other Damages: Landscaping $9,700-00 z
WCost to Cure: Fence $19,200.00 X
TOTAL (
rounded to): $62,200.00 Page
1 of 3 GL135-
38-837986.v2-12/9/22
on gr
Golden Valley for and related to the acquisition of • ' • • • • •
fr £ • '•
any and all severance damages, interest, relocation benefits, appraisal fees, attorney
fees, and costs and disbursements to which Owners may be entitled for the Easements,
hereby intending to forever release and waive any and all claims against the City of
Easements and the currently
pending condemnation action in Hennepin County District Court, Case No. 27-CV-22-
Condemnation Action").
requested by - Owner(s) will c•op a adjust forerrors,or
mailingall
documentation if deemed necessary or desirable at the reasonable discretion of the
City. The Owner(s) agree to comply with this request within 30 days from the date of
the request.
6. The Owners shall indemnify, defend and hold harmless, the City, its employees, agents
and council from and against any and all claims, actions, damages, costs, judgments,
a expenses,• • reasonable •fees,- from by
relatedtenantof, or other third party party with an interest in, the Subject Property affected by
the Easements tothegrant of theEasementsor -Condemnation Action.
Subjecta.
Mortgagee Consent. Owners understand and acknowledge that U.S. Bank,
National Association ("Mortgagee') holds one or more mortgage(s) on the
ps - the Mortgagee to a . or all of
Amount described in ParagraphThe Owners agreeto work
Mortgagee in good • resolve the allocation and payment of the Settlemen
to obtain Mortgagee consent to the Easements. If the
Permanent
Owne
and Mortgagee are unable to agree on an allocation of the Settlement Amount
the Mortgagee does not provide a consent to the Easement
recordable form reasonably acceptable to the City by January 3, 2023, the City
its •'e discretion res- - • to acquirethrough
equalCondemnation
Action as set forth in the Petition and pleadings therein. In the
event the City acquires the Easements through the Condemnation Action, the
Owners and the City agree to jointly present and request the court -appointed
commissioners enter a report of commissioners with a total damages amount
the Settlement Amount.
Tree ion or Removal.part •:this Agreement,agrees to
removalwork
with the Owner's arborist to assess whether or not the trees located on the
Subject Property can be preserved or will need to be removed as part of the
City's final design and construction of the Project. If the City determines removal
during construction is necessary, the City will bear the costs of tree and stump
Page 2 of 3
GL l 35-38-837986. v2-12/9/22
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-Dl30B65FF40F6
responsibility for removing or mitigating the trees if they perish following the
Project.
c. Fence and/or Buffer. The Owners shall be responsible for the installation of any
fence and/or other buffer desired on the Subject Property.
d. Condemnation Action. The Parties agree that upon payment of the Settlement
Amount, the City shall dismiss or otherwise conclude the Condemnation Action.
Each Party shall bear its own attorneys' fees in connection with this action.
e. Counterparts. The Parties agree that this document may be executed in any
number of counterparts, each of which shall be deemed an original but all of
which shall constitute one and the same instrument.
It is understood and agreed that the entire agreement of the parties is contained in this
Memorandum of Agreement and the Permanent Easement and Temporary Construction
Easement agreements dated January 6, 2023 and that these Agreements supersede all oral
agreements and negotiations between the parties.
H m s
Rose Hu phry
CITY OF GOLDEN VALLEY
By:
By: I'
Timothy
Page 3 of 3
GL 135-38-837986.v2-12/9/22
hank, City Manager
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
ATTACHMENT B
Permanent Easement Agreement
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
PERMANENT EASEMENT AGREEMENT
THIS AGREEMENT CONCERNING PERMANENT EASEMENT (the "Agreement") is made as of the
3rd day of January, 2023 and by .and between Seth M. Humphrys and Rose Humphrys,
husband and wife ("Grantor"), and the City of Golden Valley, a Minnesota municipal
corporation ("Grantee").
RECITALS:
WHEREAS, Grantor is a fee owner of that certain real property located in Hennepin County,
Minnesota, that is legally described on "Exhibit A" attached hereto (the "Property");
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Easement Grant. Grantor herebygrants and conveys unto Grantee a permanent
easement(s) for highway purposes to grade, construct, operate, maintain, use, alter, repair and
remove a public highway, trails, sidewalks, storm sewer, sanitary sewer, other transportation -
related use(s) and utilities, boulevards and appurtenances, including for drainage and utility
purposes and for other public and/or quasi -public uses and appurtenances permitted under
Minnesota State Statutes, including as may be amended or superseded, together with all other
rights necessary and convenient for the enjoyment and use of same over, under and across the
real property situated in the City of Golden Valley, State of Minnesota, that is described on
Exhibit B" and depicted on "Exhibit C" attached hereto (the "Easement Area").
Notwithstanding the foregoing, Grantee shall not construct or erect any buildings or permanent
structures on the Easement Area, except as set forth herein. In the event of any conflicts
between Exhibits B and C, Exhibit B shall control to the extent of any such conflicts. The
foregoing easement granted herein includes the right of the Grantee, and its employees,
contractors, agents, successors and assigns, to enter the Easement Area at all reasonable times
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
for the purposes described above. Grantor hereby conveys all grass, shrubs, trees, natural
growth, earthen materials, landscaping, improvements and structures existing or that may
planted or grown on the easement(s) described herein. Grantor hereby agrees to not damage,
destroy or remove any grass, trees, shrubs or natural growth on the easement(s) described
herein.
2. Interference Prohibited. Grantor, and Grantor's successors or assigns, shall not
construct or alter any permanent improvements on or within the Easement Area which will
interfere with the use of the Easement Area for the above -described purposes or impair the
easement rights granted in this Agreement; Grantor releases the Grantee from any and all claims
or damages resulting from the City's construction and maintenance activities within the
Easement Area.
3. Maintenance. Grantor hereby releases Grantee from any and all claims for
damages arising from the Easement Area resulting from the uses and purposes granted herein
and lying within the boundaries of the easement(s) described herein, including any severance
damages related thereto. Grantee shall have the right to use and remove all grass, shrubs, trees
including overhanging branches), earthen materials, structures and improvements, which fie
within the boundaries of the easement(s) described herein. All costs and expenses associated
with maintenance and repair of the public improvements within the Easement Area shall be the
sole responsibility of Grantee.
4. Effect of Easements and Covenants. The Easement Area shall be held, sold and
conveyed subject to the easements, covenants, conditions and restrictions set forth herein,
which shall run with title to the Easement Area, and which shall be binding on any and all parties
having any right, title or interest in any part thereof or estate therein.
5. Severability. If any term of this Agreement or any application thereof is invalid
or unenforceable, the remainder of this instrument and any other application of such term shall
not be affected thereby.
6. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part
of this Agreement.
7. ,Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Minnesota.
S. Duration/Amendment. The easements, covenants, restrictions and obligations
established hereby shall be perpetual unless terminated or modified by an amendment. This
Agreement may be amended only with the written approval of Grantor and the Grantee or their
respective successors or assigns. The amendment shall be reduced to writing and executed and
delivered by the approving parties.
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
9. Miscellaneous. The subject headings of the sections of this Agreement are
included for convenience only and shall not be used in the interpretation of this Agreement. This
Agreement may be executed in one or more counterparts, each of which shall be deemed an
original and together which shall constitute one and the same instrument. No provision of this
Agreement shall be deemed waived or amended unless such waiver or amendment is in writing
and complies with the provisions of Section 5 hereof. If any provision of this Agreement is, to
any extent, declared by a court of competent jurisdiction to be invalid and unenforceable, the
remainder of this Agreement shall not be affected and each provision of this Agreement shall be
valid and enforceable to the full extent permitted by law.
STATE DEED TAX DUE HEREON: NONE
IN WITNESS WHEREOF, this Agreement Concerning Permanent Easement has been
executed and delivered as of the date set forth above.
GRANTO
Sexh-M— ump rys
Rose Hump44s
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this = day of
f
Notary Public
the balance of this page is intentionally left blank]
DocuSign Envelope ID: 41EA6338-61CF-4565-682F-DB0665FF40F6
IN WITNESS WHEREOF, this Agreement Concerning Permanent Easement has been
executed and delivered as of the date set forth above.
CITY OF GOLDEN VALLEY
By:
Shepard M. Harris, Mayor
By:
Time, by J. Cruikshank, City Manager
WE SCHWALBE
STATE OF MINNESOTA ) ' ota y Public
Minnesota
ss. My Commission Expires:
Ian 31, 2027 COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on January 3, 2023, by Shepard M.
Harris and Timothy J. Cruikshank, the Mayor and City Manager, respectively, of the City of
Golden Valley, a municipal corporation under the laws of the State of Minnesota on behalf of
the City.
This instrument drafted by:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Notary Public
4
DocuSign Envelope ID: 41EA6338-61CF-4565-682F-DB0665FF40F6
EXHIBIT A
Legal Description of Property
Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record in the office of
the Registrar of Titles in and for Hennepin County, Minnesota; the title thereto being registered
as evidenced by Certificate of Title No. 1314150;
5
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-DBOB65FF4OF6
EXHIBIT B
Legal Description of Easement Area
That part of Tract A described below:
Tract A. Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record
in the office of the Registrar of Titles in and for Hennepin County, Minnesota; the
title thereto being registered as evidenced by Certificate of Title No. 1314150;
which lies northeasterly and northwesterly of Line 1 described below:
Line 1. Commencing at the east quarter corner of Section 32, Township 118 North,
Range 21 West, said County; thence South 00 degrees 46 minutes 44 seconds
East, along the east line of said Section 32 for 466.04 feet; thence South 89
degrees 13 minutes 16 seconds West for 156.22 feet to the point of beginning of
Line 1 to be described; thence North 64 degrees 47 minutes 23 seconds West for
46.00 feet; thence South 78 degrees 04 minutes 01 second West for 100 feet
and there terminating;
containing 965 square feet, more or less;
9
DocuSign Envelope ID: 41EA6338-61CF-4565-l382F-DB0B65FF40F6
EXHIBIT C
Depiction of the Easement Area
55
CONSTRUCTION
LI--LIMITS _
I NNW
ySRNKkA _
CITY RIw
o... FQIL
0... WATERMA IN EASE
PER.NC. NO.
T'i:2537
5
i y
F OPOSED PLRMANF N i 1
tTEMPORARYCAS[. I l
Li.I
J
v
H
V
CC
LIJ
F—
Li1
c.
r-
in
til
31.1
a is 30
IN RET
EASE.
h
BLOCK 3
i
6
i
PROPOSED T"MPORARY
J CASE. 633 SOFT
PROPOSED PERMANENT CASE.
65 SOFT
PLATTED I
D&t1 EASE. I
i
I
I
i
E
I
j I
g I
I
I
Seth M. Humphrys
3211821410036
6401 Westchester Circle
WSb3 TH 55 Underpass ttc' :.
k7andMini -Roundabout t. t", V,
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
ATTACHMENT C
Temporary Construction Easement Agreement
Above space is reserved for Recording Information)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is
made and entered into this 3rd day of January, 2 02 3, by Seth M. Humphrys and Rose
Humphrys, husband and wife, ("Grantor") and the City of Golden Valley a
Minnesota municipal corporation organized under the laws of the State of Minnesota
Grantee"). This Agreement sometimes refers to the Grantor and Grantee individually as
Party" and collectively as the "Parties."
WHEREAS, Grantor is the owner of certain real property located at 6401
62--Cr[i ' is i. ed
Exhibit A (the "Grantor Property");
WHEREAS, Grantee desires to acquire a temporary easement for construction
purposes, including the right of the Grantee, its contractors, agents, and employees to entef
upon said premises at all reasonable times for the purposes of grading and excavation for
or remove all 9.-rass.,—tmpd brush,
undergrowth, buildings, structures, improvements, or other obstructions from the
Temporary Easement Area, as well as the right to deposit construction materials upon the
Temporary Easement Area and to deposit or remove earthen materials from the Temporary
Easement Area across a part of the Grantor Property for the TH 55 Underpass Project (the
Project");
WHEREAS, Grantee requires access to the Grantor Property to complete t
Project 1yway of a temporary construction easement; I
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-DBOB65FF4OF6
WHEREAS, Grantor wishes to grant to Grantee a temporary construction easement
over a portion of the Grantor Parcel pursuant to the terms of this Agreement;
NOW THEREFORE, in consideration for the mutual promises made herein, the
Parties agree as follows:
1. Grant ofTemporary Construction Easements.
a. Grantor grants and conveys to Grantee, its agents, permittees,
successors and assigns a temporary, non-exclusive construction easement legally
described on Exhibit B and depicted on Exhibit C attached hereto (the `Temporary
Easement") under, over, across and upon the Grantor Parcel for the purpose of the
construction of the Project and for no other purpose whatsoever.
2. No Interference with other Party's Rights.
a. Interference. Grantor, its successors, and assigns, shall not permit
any uses or grant any rights on Grantor's Property that interfere with the Temporary
Easement or Grantee's rights to use and enjoy the same. Notwithstanding the
foregoing, Grantor does reserve for itself, its successors and assigns the right to
permit any uses on and grant any rights to the Grantor Property that do not interfere
with the Temporary Easement or Grantor's rights to use and enjoy the same.
b. Grantee's Interference. Grantee's, and its successors' and assigns',
exercise of its rights under the Temporary Easement shall not unreasonably interfere
with Grantor's use of the Grantor's Property or Grantor's rights to use and enjoy the
same, Grantee shall use its best efforts to protect trees situated within the Temporary
Easement are located on the Grantor's Property.
3. R storation. Grantee shall repair and restore the Temporary Easement
area and to substantially the same condition it was in prior to Grantee's use including soil
compaction, and grass seeding or sodding. With regard to grading, Grantee shall restore
the Temporary Easement area by matching the original surface grade as far as practicable.
With regard to seeding or sodding, Grantee shall match the surface to the existing surface
not included within the Temporary Easement area.
4. Covenant of Ownership. Grantor covenants that it is the lawful owner
and is in lawful possession of the Grantor Property and has lawful right and authority to
convey and grant the Temporary Easement described herein.
S. Successors and Assigns. The provisions and conditions of this Agreement
shall be binding upon and inure to the benefit of the Parties hereto and their successors
and assigns and shall constitute a covenant running with the land.
DocuSign Envelope ID: 41EA6338-61CF-4565-1382F-1313013651`1`401`6
6. Duration of this Temporary Easement.. The Temporary Easement
declared, granted, established, and conveyed herein are both temporary in nature and
commence on October 1, 2022 and shall terminate at 11:59 p.m. CST on September 30,
2024.
7. Miscellaneous.
a. Waiver. No waiver of any provision of this Agreement shall be
binding unless executed in writing bythe Party making the waiver. No waiver of
any provision of this Agreement shall be deemed to constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver unless the written waiver so specifies.
b. Governine Law. This Agreement has been made under the laws
of the State of Minnesota and such laws shall control its interpretation.
C. Counterparts. This Agreement and any amendments to this
Agreement may be executed in counterparts, each of which shall be fully effective
and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth above.
Grantor
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1 day of^'
2022, by Seth M. Humphrys and Rose Humphrys, husband and wife, address 6401
Westchester Circle Golden Vallev, MN, Grantor. I
Notary:
relTlil BETTE ANN RLUMENRERG Commission Expires:, (I c j '1:31
NOTARY PU®LJC - MINNESOTA
My COMMISSION WIRES 01/31/26
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-Dl30B65FF40F6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth above.
CITY OF GOLD N?VALLEY
By: '
Print Name: TIMOTHY J. CRUIKSHANK
Its: CITY MANAGER
SUE SCHWALBE
r-• Notary Public
STATE OF MINNESOTA ) ' ` Minnesota
S= My Cammi3sion Expires
Jan 31, 2027
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 3rd day of January,2023, by
TIMOTHYJ CRUIKSHANK, CITY MANAGER, CITY OF GOLDEN VALLEY, 7800 GOLDEN VALLEY ROAD,
GOLDEN VALLEY MINNESOTA Grantee.
Notary: a
Commission Expires:9-L IW4
This instrument drafted by:
CITY OF GOLDEN VALLEY (MTC)
7800 Golden Valley Road
Golden Valley, MN 55427
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-DB0665FF40F6
Humphrys
EXHIBIT A
Owner: Seth M. Humphrys and Rose
Address: described as:
The following described real estate situated in the County of Hennepin and State of
Minnesota, to wit:
Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record in
the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No. 1314150;
DocuSign Envelope ID: 41EA6338-61CF-4565-B82F-DB0B65FF40F6
EXHIBIT B
Legal Description of Temporary
Easement
That part of Tract A described below:
Tract A. Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record in
the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No.1314150;
Reserving a right to use the following described strip for temporary construction purposes:
A strip being that part of Tract A hereinbefore described, adjoining and southerly of the above
described strip, which lies northeasterly and northwesterly of a line run parallel with and distant 5
feet southerly of Line 1 described above;
containing 633 square feet, more or less.
DocuSign Envelope ID: 41 EA6338-61 CF-4565-B82F-Dl30B65FF40F6
CONSTRUCTION
k
A --
Z--LIMITS
DRUNK
Ld
cr_
rr
LLJ
F_
Ln
LLJ
F_
Ln
LJ
3:
m
PROPOSED
PROPOSED PERMANENT
TEMPORARY EASE.
EASE.
BLOCK 3
E,S- E?\
WEST
6
N
PROPOSED TEMPORARY
JEASE. 633 SQFT
WATERMA I Nl,EA-SE,
DOC." -NO.
2,5 37,7
8
PLATTED
D&L1 EASE.
OWNER:
Seth M. Humphrys
PID:
0 is 30 PROPOSED PERMANENT EASE. 3211821410036
NZ
SCALE IN FiERT 965 SQFT ADDRESS:
6401 Westchester Circle
ci.fl! of Ik
TH 55 Underpass gol de i
I ws b and Mini -Roundabout va- le-V
wwwajorwa, , -
WHEREAS, the City Council deemed it necessary and expedient that the City of Golden
Valley, Minnesota (the "City") construct certain improvements, to -wit: the Douglas Drive /
Highway 55 Intersection Improvement Project, Project No. 20-15 (the "Project"), which includes
the design, easement acquisition, and construction of a new roundabout for Douglas Drive and
pedestrian underpass beneath T.H. 55, creating a safer connection for pedestrians and cyclists
WHEREAS, funding for designing the Project, acquisition of necessary right-of-way for
construction of the Project, and construction of the Project has been obtained or committed;
WHEREAS, it -is necessary for the City to acquire certain real property interests, as
fescribed and depicted in the attached Exhibit A, to construct and maintain the Projec
collectively, the "Real Property Interests");
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the general welfare that the City acquire title to and possession of the Real
Property Interests in furtherance of the Project;
WHEREAS, the City Council finds that the construction schedule for the Project makes il,
necessary to acquire title to and possession of the Real Property Interests prior to the filing of the
final report of the condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged independent real estate appraisers to provide the CIO
with the appraisers' opinions of damages caused by the City's acquisition of the Real Prope
Interests needed for the Project. I
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley, Minnesota:
The recitals set forth in this Resolution are incorporated into and made a part of this
Resolution;
2. That the acquisition of the Real Property Interests is necessary and for a public purpose in
furtherance of the Project;
DOCSOPEN-GLI 35-38-827143.v 1 -9/29/22
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
That the proper City officers and agents are authorized and directed to acquire the Real
Property Interests needed for the Project by voluntary negotiation and, if necessary,
through the exercise of the power of eminent domain;
4. That the proper City officers and agents are authorized and directed to make offers of
compensation to the respective landowners for the Real Property Interests needed for the
Project consistent with the independent appraisals, and to attempt to negotiate the voluntary
acquisition of the Real Property Interests;
5. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take all
steps necessary on behalf of the City to acquire through eminent domain the Real Property
Interests that are not acquired by voluntary negotiation, including filing an action in
eminent domain and using the quick take procedure under Minn. Stat. § 117.042;
6. That the City Engineer is authorized to approve the appraised values for the Real Property
Interests if the City Engineer determines that the independent appraisals adequately reflect
the fair market values thereof for the purposes of Minn. Stat. § 117.042.
Adopted by the City Council this 6th day of October, 2022.
DocuSigned by:
I,,Pav'd, M., lkalvvis
i~iepar arris, Mayor
cus,ign
a, City Clerk
HM
DOCSOPEN-GL135-38-827143.v 1-9/29/22
may
Address: 6250 Olson Memorial Highway, Golden Valley MN
Tax Parcel ID: 33-118-21-23-0013
U *Tq 9 M 0 =1
Tract A: Lot 1, Block 2, EXPRESSWAY INTERNATIONAL PARK, according to the plat thereof on
file and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
A Permanent Easement for access, construction, reconstruction, installation, repair, and
UITITN"tMINTI&M.-
following described property:
Tract A which lies southwesterly and westerly of Line I described below and easterly of Line 2
described below:
Line 1. Commencing at the east quarter comer of Section 32, Township 118 North, Range 21
West, said County; thence South 00 degrees 46 minutes 44 seconds East, along the
east line of said Section 32 for 135.00 feet; thence North 89 degrees 13 minutes 16
seconds East for 86.19 feet to the point of beginning of Line I to be described; thence
North 15 degrees 59 minutes 49 seconds West for 41.63 feet; thence North 00
degrees 12 minutes 15 seconds East for 200 feet and there terminating;
Line 2. Commencing at the northwest comer of said Lot 1; thence South 89 degrees 20
minutes 32 seconds East, assumed bearing along the north line thereof, 3.91 feet to
the point of beginning of Line 2 to be described; thence South 00 degrees 21 minutes
51 seconds West, 220.40 feet to the south line of said Lot I and there terminating;
A Temporary Easement for construction purposes over, under and across that part of thz
following described property:
Tract A which lies easterly of Line I described below and southwesterly and westerly of a line
run parallel with and distant 3.5 feet easterly of Line I described above;
A- 1,
DOCSOPEN-GL I 35-38-927143.v 1 -9/29/22
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
together with a strip 20 feet in width adjoining and easterly of the above described strip, which
lies northerly of a line parallel with and distant 37.7 feet southerly of the north line of said
Tract A;
containing 1541 square feet, more or less.
The term of said Temporary Easement shall commence on October 1, 2023 and shall terminate
on September 30, 2023.
A-2
DOCSOPEN-GL 135-38-827143. v 1-9/29/22
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
Parcel 1. Depiction
o
H
a
A-3
DOCSOPEN-GL 135-38-827143.v 1-9/29/22
WPiddress: 64ilTf-"I'le—sTc-ffe-s7Ce-n--YFEYE9-'6V M11-TW7 WV
Tax Parcel ID: 32-118-21-41-0036
Torrens Property
Tract A: Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record in
the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No. 1314150;
F11
repaiiii 5111
sewer, other transportation -related use(s), public facilities and utilities, boulevards and
appurtenances, including for drainage and utility purposes and for other public and/or quasi -
public uses and appurtenances permitted under Minnesota State Statutes over, under, and
across that part of the following described property:
0 III III III g Jill 11MEMUMMEMS=
Line 1. Commencing at the east quarter comer of Section 32, Township 118 North, Range 21
West, said County; thence South 00 degrees 46 minutes 44 seconds East, along the
east line of said Section 32 for 466.04 feet; thence South 89 degrees 13 minutes 16
seconds West for 156.22 feet to the point of beginning of Line I to be described;
thence North 64 degrees 47 minutes 23 seconds West for 46.00 feet; thence South 78
degrees 04 minutes 0 1 second West for 100 feet and there terminating;
A Temporary Easement for construction purposes over, under and across that part of the
following described property:
1 11 ii I , IS I
described strip, whicil lies northeasterly anu nor1nWUSLUf1j 01 il 1111r, I k1l pill alIC-f-TTIL11 UIVACA.
5 feet southerly of Line I described above;
The to of said Temporary Easement shall commence on October 1, 2022 and shall terminate
on September 30, 2024.
A-4
DOCSOPEN-GLI35-38-827143.vl-9/29/22
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
Parcel 3 Depiction
A-5
DOCSOPEN-GL 135-38-827143.v 1-9/29/22