HomeMy WebLinkAbout1999-116RESOLUTION N0.99-116
A RESOLUTION AUTHORIZING PAYMENT FOR THE ACQUISITION OF A
TRUNK SEWER EASEMENT
WHEREAS, the installation of a trunk sanitary sewer line into the area known as the
Phase I Annexation Area lying south of County Highway 12 and east of County Road 15
required the acquisition of easements between the existing terminus of the trunk sewer at the
Minnesota Zephyr Railroad Tracks and Neil Avenue and the northern boundary of the Liberty
Property south of County 12; and,
WHEREAS, negotiations were undertaken between the City and various property owners
that did not prove fruitful with regard to property owned by Gary and Colleen Gallmeier and the
City was required to initiate Eminent Domain proceedings in order to obtain a necessary right of
entry for construction of the sewer work; and,
WHEREAS, on the Fourth of May, 1998, the City obtained a Right of Entry from the
Gallmeiers on the condition that the appraised value of damages as a result of the easement be
paid to the Gallmeiers with the further agreement that the parties would view the properties after
the work was done and negotiate in good faith towards final payment for the easement based
upon any additional. damages and expenses incurred by the Gallmeiers before, during and after
the work; and,
WHEREAS, it was demonstrated by the Gallmeiers that they are entitled to the following
payment all of which has been reviewed and recommended by the City Attorney; and,
WHEREAS, the expenses are as follows:
1) Reimbursement for appraisal costs -Five Hundred Dollars
($500.00).
2) Purchase, hauling, grating and installing crushed rock -Six
Hundred Forty Dollars and 78/100 ($640.78).
3) Repair to damaged fence -Fifty Dollars ($50.00).
4) Replace black dirt/soil in garden -One Hundred Dollars
($100.00).
5) Damage to trees -Two Hundred and Fifty Dollars (250.00).
Total Payment: $1540.00; and,
WHEREAS, Gallmeiers have offered to convey a permanent utility easement to the City
upon the payment of this sum;
STATE OF MINNESOTA
COUNTY OF WASHINGTON
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Court File No.: CO-98-002166
City of Stillwater,
Petitioner;
and
Gary V. Gallmeier and
Colleen J. Gallmeier,
Respondents,
STIPULATION OF DISMISSAL
We, Gary V. Gallmeier and Colleen J. Gallmeier, Respondents, and the City of Stillwater,
Petitioner, hereby agree that this action is fully settled and should be dismissed, with prejudice
and on the merits and without costs to either party.
Date: ~ ' q' ~ 9
/ /
v ~r
G V. Gallmeier
Colleen J. Ga meier
City of Stillwater
By ~
David T. agnu;
City Attorney
EASEMENT N0.9626A-E2
L.L 9626
THIS INDENTURE, made this ~ ~ day of ~ - , 1999,
between the undersigned Gary V. Gallmeier and Colleen J. Gallmeier, hus and and wife,
Grantors, and the City of Stillwater, a municipal corporation in the County of Washington, State
of Minnesota;
WITNESSETH: That the Grantors grant a utility easement to the City of Stillwater, its
agents, employees and contractors, with necessary equipment, to enter upon and have access to
the real property described in the easement. The easement is for the express purpose of
constructing and maintaining a trunk sewer main. The easement is described on the attached
Exhibit "A".
IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands on the day
and year first above written.
.____---
. Gallmeier
Colleen J. Ga meier
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
t~-
The foregoing instrument was acknowledged before me this ~ day
of , 1999, by Gary V. Gallmeier, and Colleen J. Gallmeier, husband and wife.
_ Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
David T. Magnuson (#66400)
Magnuson Law Firm
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
651/439-9464
~ DAVID TERRY MAGNUSflN
'~ NOTRRY PUBLIC - h11NNESOTA
_' WASHINGTON COUNTY
~~ MY Comm. Expirrs Jan. 31,2000
^ •
~+ .
EXHIBIT "A"
The East 20 feet of the East 252.58 feet of the West half of the East
half of the Northeast Quarter of Section 30, Township 30 North,
Range 20 West, Stillwater Township, Washington County,
Minnesota, which lies South of the present travelled centerline of
Boutwell Road. Excepting therefrom the South 1410.25 feet
thereof.
,..
EXHIBIT "A"