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CR 92-139 Condemnation Alley Underground Electrical ~ \ .- - -~-, ( f: I i Y k: ""..> \ 0 , c. '" ~ ' : I : . -ml .. .y , <0 I i o p' K \",~ i . July 2, 1992 r I Council Report: 92";:139 I ,~ .' :, Public Hearing for Condemnation Alley Underground Electrical Easements Proposed Action. staff recommends the following motion: Move that Council adopt Resolution 92-59. Resolution Makinq Findings of Fact in Support of and Approving Preparation of Petition to Ini tiate Eminent Domain Proceedinqs'. This public hearing and the attached resolution focus on properties at 904 and 916 Mainstreet. Overview. In 1988 the first alley underground electrical project was undertaken. This involved the installation of trunk electrical conduit and cable underground along the north edge of the alley south of Malnstreet between 11th and 9th Avenues and the installation of underground services to the individual properties. It was necessary for the city to obtain utility easements from owners of abutting property and indeed most easements have been granted and all at no .~".. cost to the City. The owners of three properties between 9th and loth Avenues have either refused to answer the City Attorney's letters and calls where this issue is discussed or have responded with a request for compensation. In the meantime the conduit has been installed bn the affected properties without the benefit of an easement document. Staff recommended to Council at its June 16 meeting to call a pUblic hearing for July 7 to offer the three property owners a forum for their grievances and a setting for the Council to take the possible action of petitioning for eminent domain proceedings. Fee owners and tenants of the affected properties received mailed notice of this hearing. Primary Issues to Consider. 0 Case for condemnation proceedings against Martin property at 910 Mainstreet 0 Case for condemnation proceedings against Olson - Building Partnership at 904 Mainstreet 0, Case for condemnation proce~dings against Mashek pr?perty at 916 Mainstreet 0 Options and staff recommendation '.' , ' .:. Su~porting Information. 0 Correspondence with Martin 0 Correspondence with Senn (Olson Building Partnership) 0 Correspondence with Mashek ,0 Resolution 92-59 ~ ~ James Gessele Engineering Superintendent . . . : . Analysis. 0 Martin property at 910 Mainstreet Mr. Al Martin has had concerns that the easement language could possibly jeopardize the use of his rear lot for parking purposes. In addition he has made claims against the City for damages to his building he feels were caused by the 1988 underground utility project. Staff has met with Mr. Martin to make assurances concerning easement" language and to negotiate a settlement of the damage claims. The issue of fee title needs to be resolved before an easement can be recorded. staff recommends that this property be withdrawn from consideration for eminent domain proceedings at this point. 0 Olson Building Partnership at 904 Mainstreet It is interesting to note that the owners of this building acknowledged the City's request for a utility easement in November 1988 and seemed enthusiastic about the utility project. In fact, by September 1990 the oWners were disappointed that the next phase of utility ~ndergrounding had not proceeded. In January of 1992 the city Attorney began requesting signatures on an easement. The February 25 reply indicates the owner's . problem with document language. A subsequent March 17 letter then indicates some need for compensation in granting the easement because the partnership felt it had been "had" by the City on a fire shutter requirement. Staff is prepared to discuss that issue at length and refresh Council's memory concerning the history of that requirement. Briefly: 1. MarkSenn submits remodeling plans for Olson Bldg. to city staff. 2. Plans show existing windows to be bricked shut although inspection department did not make this a requirement. 3. Plans are approved by city and returned to Mr. Senn. Mr. senn then inquires about repairing or replacing windows. Staff advises Mr. Senn that windows can be repaired but if they are replaced, fire shutters would be required. 4. Subsequent inspection of the building revealed new windows had been installed without fire shutters. City inspectors again informed Mr. Sefin of the requirement for shutters before occupancy could be granted. 5. Mr. Senn approached Council to negotiate a loan of sorts to cover the cost of fire shutter installation. Council granted a loan of an . immediate $10,000 and an additional $10,000 upon installation. The loan is to be repaid in five . equal annual installments beginning seven years , 'e< . from the date of the agreement. Repayment can be deferred if the owner demonstrates that repayment costs are having a negative impact on the building's economic viability. There has been no response to staff's letter of notice dated June 22 or the letter of June 25 indicating staff's willingness to entertain new proposals. 0 Mashek building at 916 Mainstreet Mr. Mashek's chief concern at the close of the 1988 utility project was his parking lot. Restoration of trenching on his property had not been completed by the spring of 1989 and he registered a complaint with the city. At that time he proposed resurfacing of the entire lot, not just trench patches. The city assured Mr. Mashek that restoration of trench areas would be done, that resurfacing of the entire lot was not the City's responsibility. By fall of 1989 nothing had been done to the lot and Mr. Mashek again wrote to the city and again proposed that the entire lot be repaved. In the spring of 1990 engineering staff approached Mr. Mashek to suggest restoration of the lot as part of a 1990 utility project. The parking lot 'then appeared in disrepair although other city staff members recalled . the lot to be unchanged from the time before the 1988 project had begun. The 1990 project did not get under way until the spring of 1991. Engineering made the decision to do a complete 1 1/2" overlay'over the entire parking area. Mr. Mashek was assured this was temporary in nature because a potential alley-scape project would need to address issues such as drainage on his lot. Under such a project the entire bituminous surface would be removed, some excavation and grading work done, and a new aggregate base placed before the new bituminous course was placed. Mr. Mashek is not satisfied with the bituminous overlay on his parking area and characterizes it as inferior grade. Engineering takes issue with Mr. Mashek's , , assessment of the quality of workmanship and materials. There has been no response to staff's letter of notice dated June 22 or the letter of June 25 indicating staff's willingness to entertain new proposals. The issue of fee title needs to, be resolved before an easement can be recorded. 0 options and staff recommendation options available to Council are: l. Table action for further information or possible .: resolution through negotiation. 2. Take no action at all and leave electrical conduit in place without an easement. The City Attorney "'~"-" ,,- . will elaborate on the ramifications of such action. 3. Order staff to pay reasonable compensation for the easement. 4. Adopt the attached resolution thus instructing the city Attorney to prepare a petition to initiate eminent domain proceedings. staff's recommendation is to follow the City Attorney's advice and initiate eminent domain proceedings. . . -- . C I T Y 0 F H 0 P K I N S June .22, 1992 Al Martin . ,910,Mainstreet Hopkins, MN 55343 Dear Mr. Martin: , .... ~ ... . City Council at its June 16 meeting ordered a public hearing for Tuesday July 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in regard to your property at 910 Mainstreet and the acquisition of a,10 foot electrical utility easement. Claims have been made against the City in regard to this property that indicate damages may have been done directly by or as a consequence of the 1988 Alley Underground Project. The City is willing to negotiate settlement of any . valid claims and feels this can'be done before the July 7 hearing. The City sincerely regrets any damages done to your building. The City still feels it should not have to make direct compensation for an easement because, building damage.notwithstanding, the 1988 project provided several benefits at no charge to you: . new 'electrical service, new meter socket, new parking lot, improved rear lot aesthetics. Until such time rquestions of title are cleared, both the Wong and Martin parties will receive notices. You are invited to attend the July 7 hearing should you wish to be heard with reference to the proposed resolution. I would expect City staff to have negotiated a settlement with you by then. sincerely, ~~. James Gessele Engineering Superintendent . JG06192F . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 ' An Equal Opportunity Employer . . CI T Y 0 F H 0 P K I N S June 11, 1992 Al Martin Martin's Hair Design 910 Mainstreet Hopkins, MN 55343 Dear Mr. Martin: The property you own on Mainstreet between 9th and ,loth Avenues was provided new underground electrical service in ,1988. This was a city project undertaken to improve the aesthetic appearance of the adjoining rear alley and was done at no cost to the property owners. A 10-foot utility easement was required across the rear portion of each lot to accommodate this installation and most business owners generously provided the necessary easement .at no charge. . . To date you have not responded to the City with an offer of a free easement. Staff is recommending to the city Council at its June 16 meeting to call for a public hearing on July 7 where all issues pertaining to this easement will be publicly discussed. Council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 meeting. Sincerely, ~~ James Gessele Engineering Superintendent JG/rr . 1010 First Street South Hopkins, Minnesota 55343 Phone: 612.935.8474 Fax: 612-935-1834 An Equal Opportunity Employer . . ~:t~ . .' June 9, 1992 City, of Hopkins 1010 South 1st Street Hopkins, Mn 55343 Attn: Steve Milke' - City Manager Tom Harnening - Development Director Gentlemen: This letter is to advise you of the damages my building(located ~t 910-912 Mainstreet) incurred during your reconstruction. I am enclosing a copy of the bid from Nordin Construction Co. for all repairs of damage done when the water ran off the city owned' building and parking lot. When the top coating was put on my parking lot the water drained into my basement and not into the alley. The rain gutters from 914 Mainstreet did not drain into alley either, but into my . basement also. The construction on Mainstreet also caused damage to the front of::my. building' and soon may be caving unto the sidewalk. These repairs need to be done as soon as possible to,prevent any further damage and expense. Thank you in advance for your co-operation and immediate attention to this matter. SinCO~\JQ~ J \. Al Martin Martin's Hair Design enclosure AM/sla -. ...,- -. --. ' ~ ---- PROPOSAL NORDIN CONSTRUCTION, INC. Propotal No. 3469 Orchard Lane Sheet No. Minnetonka, MN 55343 Date ~\''l..\ <12- 935-1183- 925-3160 , ,- Proposal Submitted To Work To Se Performed At Name~~~ Streetn .L.!) 1oJ~ Street · ~'"' . City State City~~\~I~ Date of Plans State ' Architect Telephone Number lIVe hereby propose to furnish the materials and perform the labor necessary for the completion of . ?<e~ O-c"'<:.""", ~"P"'..,....... """"'c-r- cR~~" 0.. Af"t!!.. A. 0 f [lL\AOI'L'rP '~I '7 I' '/.. '~S' ~D\,..d ("'~"...r ppr~ ,~. A.M ~~.. ~ L.L l.JJ'vv>f'~ 'v\~. de d. t ~L'- (lOA\. 42.0D~ <c;v..~ I g. () \...:~ . \l)A~ \Me4" dQE)(' ~~\~~ b,^~~ \'" \ 2..1\ \.5. ~~~~~~ (c rel.1 \ 'L." (]e"..~{'e;'"T:'e.- ~ro~\'. ..~ ~\\~~ ';;r ~~ C~9-M. ....... ~u<' t\tc' h' 0~~\~. Co ~ tt ~\..\.)~~ (t\u Yz. ~~ '6....r. :J. 0 1. ~,,"~r --v; ."'AuL . c.~~ ~ . All material is guaranteed to be as specified, and the a ove work to be performed in accordance with the drawings and specifications submitted for above work and comp'''''' In a wb,tantlalwo,kmanllke mann" It' the sum ot with pay...." to ba made a, fOIlOW~~ Dollars ($ 2.3 S oc:::>). e.v Ci ~'\d. l.J\'I t,,- \ · Any alteration or deviation from above specifications involving Respectfully sUbmittedj")o-Cd~,^,, ~~. :::G.c:J c . extra costs, will be executed only upon written orders, and will become an extra charge ov.. and above the estimate. All agreements contingent upon strikes, accidents or delays beyond Per . our control. Own.. to carry fire, tornado and other necessary insurance upon above work, Workmen's Compensation and Note - This proposal may be withdrawn Public Liability Insurance on above work to be taken out bv by us if not accepted within days ACCEPT ANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory 'and are hereby accepted, You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature , \ .' , '" PROPOSAL NORDIN CONSTR~CTION , INC. Proposal No. 3469 Orchard Lane Sh..~ No. Minnetonka, MN 55343 ' o.t. .::s' 12- \ q l.- 935.1183 · 925.3160 Proposal Submitted To Work To B. P.rformed At Name /7lJ4.~"'A.A ~ Streett:)(L)~r Street 910 41Ant ~7""": City State City #yK;... ~ Date of Plans State Architect Telephone Number sa to furnish the materials and perform the labor necessary for the completion of ---1 . R~tl'~D ... d~ o~ ~... "t'W _ 4S..' 1C. \., , ,^... ~ ~ 'Ol::1f\ ~'o)\~ do A.rl.~ \)~t~ 'Q,,-,- ~. ~~\-d ~ .u(l.~-r- C..o~r l::)" ~D-r~ 3, ~~W\ -r- ~u r \..3 ~,...') t 2.." ' Oo)./'O~~ '-~"l ,~\\~~ ~ f'"tD~.r , ~rt'!\--.._ ,0. f~k"~ t.~ ~:-'~~;.2:f~2<".lJ~\~ l~ bA~ --10. DLu,.loe..r ~ ~A-u\- e:.~ O~..lT. All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of With pav_nts to be mad. .s. follOWS~ ~ ~ Doll." ($ \ 00 ), ,100. erv~.~ L.-~ l..Lh- ~ Any alt.ation or dwiation from abOve specifications involving Respectfully submitted' t..:J ot'd=_ ~*. ,~\ ;::.) '. ' extra costs, will be executed only upon written orders. and . will become en extra charge over end above the estimate. All lIIlreements contingent upon strikes, accidents or delays beyond Per . our control. Owner to ClUry fjre, tornado and other necllS58ry insurance upon above work. Workmen's Compensation and Note - This proposal may be withdrawn Public Liability lna.lrance on above work to be taken Out by by us if not accepted within days, ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above, Signature O..te Sigll.itturA ". -.--.- ..--- PROJECT NO. ~B - , { FOLDER NO. 4 C I T Y o F HOPKINS \N\iIALS 0Ta I. M E' M 0 RAN DUM DATE: June 4, 1992 TO: Steve Mielke, cit~ager FROM: Tom Harmenin~ SUBJECT: AL MARTIN BUILDING , --------------------------------- On 6/4/92 I spoke with Al Martin regarding the issue of the condition of the rear of his building on Mainstreet. Mr. Martin , had provided me with an estimate from a contractor which indicated that it ,would cost approximately $1700 to make the necessary repairs to correct damage which he experienced as a part of the Alleyscape project. I reiterated to Mr. Martin the need to have some kind of letter from him which outlines his claim of damages due to the alley undergrounding project. Mr. . Martin indicated that he would provide that letter tome in the near future. cc: Jim Kerrigan Jim Gessele TH06042E . . PROJECT NO, $-I( FOLDER NO. 4 INITIALS Jnj - ,'. s C I T Y 0 F H 0 P K I N June 1, 1992 ? Mr. Al Martin Martin's Hair Design 910 Mainstreet Hopkins, MN 55343 Subject: REAR OF BUILDING - 910 MAINSTREET Dear Mr. Martin: I am writing with regard to discussions 'and actions which have taken place regarding issues relating to the area adjacent to the rear of your building. In this case, my understanding of the actions or steps which have or will be taken are as follows: 0 The City has installed a bituminous curb in the parking lot. 0 Tne City has or will be in the very near future extending \. the gutter from the Jak's Antiques building such that the water drains into the parking lot. 0 Based upon a conversation which steve Mielke and I had with you approximately a month ago, it was our understanding that you would be obtaining estimates such that you could submit a claim to the City regarding damages which you felt occurred as a result of the alley undergrounding project. Thus far we have not heard from you regarding the last point noted above. If there is some type of misunderstanding regarding our expectations of you regarding this point, or if you are in the process of undertaking 'this activity, please let me know. In addition, if we can be of assistance to you ,in any other way, please do not hesitate to contact me at 935-8474. . Director cc: ,Steve Mielke . Jim Gessele Jim Kerrigan TH05292B . 1010 First Street South, Hopkins. Minnesota 55343 612/935-8474 , An Equal Opportunity Employer PROJECT NO. 88 -({ FOLDER NO. LI- INITIALS 'J7li '. C I T Y 0 F H 0 P K I N S April 15, 1992 Mr.Al Martin 910 Mainstreet Hopkins, MN 55343 Dear Mr. Martin: This is to confirm our previous conversation concerning the apparent damage done to the rear entrance of your Mainstreet shop by poor drainage. If you recall, I pointed out the improperly installed and located gutter downspouts at the neighboring Jak Antiques and the southwest corner of your building. I noted the cracked condition of the concrete rear entrance and the settlement that had occurred and the cracked concrete in the area where electrical utilities had been buried up to your building as part of a 1988 City project. Although your rear parking lot was resurfaced at the City'S expense in 1991, it now appears storm water can collect near the settled concrete and this, along with storm water from the improperly placed gutter downspouts, has . contributed to water in the basement of your building. Asa temporary solution I recommended and am prepared to carry out at the City's expense the placement of a bituminous berm along the entire rear of the building to halt the backflow of runoff and to facilitate flow toward the alley and the repair of the poorly designed roof gutter at Jak Antiques. The entire rear parking lot should be removed, regraded, and resurfaced to facilitate positive drainage to the alley. Such work is slated as part of an alley-scape reconstruction project. The status of that project will be clearer near the end of this summer. I am requesting your cooperation in reconnecting the downspout at your 'building, and allowing the City's contractor to enter upon your ,property to perform the necessary berm installation. We are aiming at insta'llation' by April 24. Sincerely, ~~ James Gessele Engineering Superintendent cc: Lee Gustafson . Jim Kerrigan E/JG04152A 1010 First Street South" Hopkins, Minnesota 55343 612/935-8474 'An Equal Opportunity Employer . C I T y 0 F H 0 P K I N S June 22, 1992 Glen F. and Sandra Wong 7100 North Willow Lane Brooklyn Center, MN 55430 , Dear Mr. and Mrs~ Wong: city Council at its June 16 meeting ordered a public hearing for Tuesday July 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in regard to your property at 910 Mainstreet and the acquisition of a 10 foot electrical utility easement. Claims have been made against the City in regard to this property that indicate damages'may'have been done directly by or as a consequence of the 1988 Alley Underground Project~ The City is willing to negotiate settlement of any . valid 'claims and feels this can be done before the July 7 hearing. The City sincerely regrets any damages done to your building. The City still feels it should not have to make direct compensation for an easement because, building damage notwithstanding, the 1988 project provided several benefits at no charge to you: new electrical service, new meter socket, new parking lot, improved rear lot aesthetics. Until such time questions of title are cleared, both the Wong and Martin parties will receive notices. You are invited to attend the July 7 hearing should you wish to be heard with reference to the proposed resolution. I would 'expect City staff to have negotiated a settlement with you by then. sincerely, ~.~ James Gessele Engineering superintendent . JG06192F 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer . ~. C I T Y 0 F H 0 P K I N S, I June 11, 1992 Glenn F. & Sandra Wong 7100N. willow Lane Brooklyn Center,MN 55430 Dear Mr. << Mrs. Wong: The property you own on Mainstreet between 9th and 10th Avenues was provided new underground electrical service in .1988. This was a city project undertaken to improve the aesthetic appearance of the adjoining rear alley and was done at no cost to the property owners. A ~O-foot utility easement was required across the rear portion of each lot to accommodate this installation and most business owners generously provided the necessary easement at no charge. To date you have not responded ,to the City with an offer of ,e a free easement. 'Staff is recommending to the City council at its June 16 meeting to call for a public hearing on July 7 where all issues pertaining to this easement will be publicly discussed. Council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 meeting. Sincerely, r~ James Gessele Engineering Superintendent , JG/rr , '. 1010 First Street South Hopkins. Minnesota 55343 Phone: 612-935-8474 Fax: 612-935-1834 An Equal Opportunity Employer Date: Qbl/!% ~. (-/ ' This Agreement, between (referred to herein as Owner) and he City of Hopkins (referred to herein as the .city), governs the changeover of electric power from overhead to underground service. It is mutually understood that in the course of redevelopment, the NSP . overhead service line now extending from 9th Avenue to 11th Avenue in th.e alley immediately south of Mainstreet, will be removed and replaced with an underground line, which will provide service at 120/208 volts or 120/240. The City agrees, at its expense, to perform the following tasks without expense to. the owners: 1- Pay the necessary fees to NSP to install the electric line underground, and to provide the necessary transformer and pad. 2. Extend io Owner's building a service line underground connecting it to the existing exterior electric service conhection by means of protective conduit affixed to the building. 3,. Survey Owner's building to determine if any appliances or . equipment require voltages no longer supplied by NSP for underground service (esp. 240 volts). 4. In the event such appliances or equipment are found, the : City will supply such internal transformers as may be necessary to aliow the equipment to be used, for Owner to connect. 5. Give at least 24 hours notice of the actual changeover time. Ow~e~ agrees to do the following: 1- Grant the City such construction easements as are necessary to accomplish the work listed above. 2. Be prepared to change over to underground feed electric power by October 1, 1988, and to execute the changeover not later than January 1, 1989. The ,City and Owner jointly pledge to keep delays and disl'uptions asso~iated with electrical changeover to an absolute minimum. " . REDAGMT . __.......,_... ~..~'" ..'.. ~,_..... ..._... "..,..." "'_....._.....'..... .,.... ,....._...." ,..",,~ ~,~ .,,_,_~,"'~'_''''p ..... ......_._._,_...,..._._,_..._._._ ..~...,. b''''_____ _._.___-.__~,_,._,_ " ... _,_ .. . _.._,.,......_._.~~_.___,_._~,..~._ .'--__ __..___~._ .~ - '~~'h_"_"__ "'- .'---. ---, -,.. ._....~." ~. -'-" . <, PROJECT NO. 88-1 L r F )- FOLDER NO. G VESELY, MILLER & STEINER ~ PROFESSIONAL ASSOCIATION INITIALS J~ '. ," AITORNEYS AT LAW JERRE A. MILLER 400 NORWEST BANK BUILDING JOSEPH C. VESELY (1905-1989) JEREMY S. STEINER * 1011 FlRST,STREET SOUfH WYNN CURTISS HOPKINS. MINNESOTA 55343 . Real Pft>perty Law SpociaIist, 612-938-7635 certiflCd by tbo ~ StaIIl FAX 612-938-7670 Bar Aasocialion. March 12, 1992 Mr. and Mrs. Glenn F. Wong 7100 N. Willow Lane Brooklyn Center, MN55430 Dear Mr. and Mrs. Wong: The City had previously requested an easement from you on the 910 Mainstreet property in order to facilitate construction of an electrical project. Although it was indicated to me the property is owned by Al Martin, there is no evidence in the records at the Hennepin County Government Center to reflect such a title change. For this reason, your execution of the easement is required since it would be inappropriate to record an easement ,from a ,. stranger in the title. If the conveyance to Mr. Martin has been recorded, please furnish me evidence of this and I will contact Mr. Martin directly. Sincerely, Jerre A. Miller Hopkins City Attorney JAM/jw Enclosure cc Joe Fawcett . , ~ ---- . . - .. . Pl\OjECT NO, 8.8 - /1 , ~ VESELY, MILLER & STEINER, FOLDER NO. PROFESSIONAL ASSOCIATION . iNITIALS JT4 ATIORNEYS AT LAW JERRE A. MILLER 400 NORWEST BANK BUILDING JOSEPH C. VESELY (1905-1989) JEREMY S. STEINER* 1011 FIRST STREEI' SOUTH WYNN CURTISS HOPKINS, MlNNESOT A 55343 . Roal Property Law Spccwbt, 612-938-7635 cer1if1Cd by the Minnas<<a Stato FAX 612-938-7670 Bar Auoc:iacioa. February 21, 1992 Mr. and Mrs. Glenn F. Wong 7100 N. Willow Lane Brooklyn Center, MN 55430 Dear Mr. and Mrs. Wong: On January 3, 1992 I wrote you concerning an easement for underground electrical services. To date I have not, received it back from you.. Please return this document at your earliest convenience so I can record it with the County. Thank you. . Sincerely, Jerre A. Miller Hopkins City Attorney JAM/jw ccJoe Fawcett' . . --- ---- . ~ . .. " '.', . 'ropOBttl Page No, P~PJECTN~~O~ ~ Q ~OlDERNO. 3.. . .."." ..J'Tt; ORPORATI,ON 6350 Industrial Drive, Box 5477 . Hopkins, Minnesota 55343 ;-,. (612)937.8033 THIS COMPANY IS AN EaUAL OPP RTUNITY EMPLOYER PROPOSAL SUBMITTED TO PHONE DATE CITY OF HOPKINS JUNE 21 1991 STREET tOBNAME - 1010 1ST STREET SO. CITY, STATE AND ZIP CODE JOB LOCATION HOPKINS MN 55343 HOPKINS ARCHITECT DA TE OF PLANS .. .1:B PHONE - -.---- ATTN: CITY ENGINEERS _ We hereby submit specifications and estimates for: BIT CONSTR. BEHIND-.900 BLOCK IN YOUR FACILITY. Al?PROX. 71.0... S_. Y QUANTITY UNIT ITEM TYPE ==r COST I TOTAL .~J_._~l _ C.Y. ' EXCAVATION S.Y. FINE GRADE " [~-~__'1 _... . . S.Y.' AGGREGATE BASE ~~~-- -~"-~F~=_ ~_=+~~~--~~ __n.~ S.Y. AGGREGATE BASE GAL. PRIME COAT -=- -=~--: f.~ - t- ------~ -- GAL. TACK COAT S,Y. BITUMINOUS BASE COURSE S.Y. BITUMINOUS BINDER COURSE . ] 1 ,- S.Y. BITUMINOUSWEAR COURSE . .n~~~~n==~_~_= ~C~~~=:=~~,C.=~~=~=_c~==~_, SPECS: REMOVE AND REPLACE 1. WILL EXCAVATE TO ALLOW DRAINAGE TO ALLEY AND CONSTRUCT 6" OF NEW BASE AND . WEAR. 2. WILL CONSTRUCT 4" CLASS 5 GRAVEL, BASE (RECYCLE) MEETING 3138 STATE SPEC. 3. WILL CONSTRUCT A 2'~2341 WEAR COURSE. COST FOR THIS WORK: $8,095.00 ALTERNATE 2 - OVERLAY ONLY 1. WILL SWEEP AND CLEAR AREA TO BE PAVED. 2. WILL CONSTRUCT BITUMINOUS TACK, COAT. ' 3. WILL MILL ALONG TOP EDGE" MAKING ROOM TO TIE INTO EXISTING MAT. 4. WILL CONSTRUCT H" 2341 HOT MIX OVERLAY. . COST FOR THIS WORK: $4,280.00 TOTAL ESTIMATE JUt 'rOp05t hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: SEE ABOVE dollars ($ ). ayment to be made as ollows: NET UPON COMPLETION ~ Z - ,~~ AI material is guaranteed to be 'as specified. All c.rk to be completed in Authorized workmanlike manner according to standard practices. Any alteration or de. vlation from above speCifications involving extra costs will be executed only Signature upon written orders, and will become an extra Charge over and above the estimate, All agreements contingent upon strikes, accidents or delays beyond THIRTY our control. Owner to carry fire, tornado and other necessary insurance. Our days, workers are fUllY covered by Workmen's Compensation Insurance, . ~ "tttptantl' nf Jrnpollal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized SignaturE! to do the work as specified. Payment will be made as outlined above. Oate of Acceptance: 7/J/~1 Signature . , .;',", , .. -, ' ',' -, - - ~---- .--- " . ' 'w_ __._,._~' '" '_'.'~ .... _.....____,_ __~~.~..__,_._.__.-,,_~ _~ .~ '-_=___.'.~""''''_~__'''-''-'_'_<"''.'_ ............._...,,_ _._,...._._.._'.___._____._....:..<._.~~:::.:_.:.,.~__~ ~:::="'""'-=-~_=__...___._._.__.'__,_._.__._....___ ______~ . C I T Y 0 F ,H 0. P K I N S June 25, 1992 Mark Senn, Olson Building partnership 10001 Wayzata Boulevard, suite 100 Minnetonka, MN 55343 Dear Mr. Senn: In regard to an electrical utility easement across your Mainstreet property, city staff and its attorney wish to underscore their willingness to reach a satisfactory agreement before eminent domain proceedings actually begin. To that end be assured we will entertain any new pr.oposals that may serve as basis for negptiating an electrical utility easement. You may contact me at 935-8474. . . , Sincerely, ~~ James ,Gessele Engineering Superintendent JG06252B , . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer . C I T Y 0 F H 0 P K I N S June 22, 1992 Mark Senn, Olson Building Partnership 10001 Wayzata Boulevard," suite 100 Minnetonka, MN 55343 Dear Mr. 'Senn: city Council at its June 16 meeting ordered a public hearing for Tuesday July 7; 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in regard to your property at 904 Mainstreet and the acquisition of a ,ten foot electrical utility easement. All other business owners along Mainstreet who were affected by installation of underground electrical service generously provided the necessary easements at no charge. The city feels it should not need to pay because of the benefits . provided by the project at no charge to you: new electrical service, new meter socket, improved rear lot aesthetics. You are invited to attend the July 7 hearing should you wish to be heard with reference to the proposed resolution. Sincerely, r~ James Gessele Engineering superintendent , JG06192E \ r. 1010 First Street South, Hopkins; Minnesota 95343 612/935,-8474 An Equal Opportunity Employer _____ u___ ..._~,. ____ _. __ ___ . " . ,- .--" , "-. -~-- --~--_._------- ------- ---- ----- " . . C I T Y 0 F H 0 P K I N S June 11, 1992 , Mark Senn Olson Bldg. Partnership 10001 WayzataBlvd. suite 100 Minnetonka, MN 55343 Dear Mr. Senn: The property you own on'Mainstreet between 9th and 10th Avenues was provided new underground electrical service in 1988.. .This was a city project undertaken to improve ,the aesthetic appearance of the adjoining rear alley and was done at no cost to the property owners. A 10-foot utility " easement was required across the rear portion of each lot to accommodate this installation and "most: business. owners", generously p~ovided the necessary easement at no charge. . ' , To date you have not responded to the City with an offer of a free:easement. Staff is recommending 'to the city council at its June 16 meeting to call for a public hearing on July 7 where all issues pertaining 'to this easement will be publicly discussed. council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 meeting. " Sincerely, ~~ James Gessele - Engineering Superintendent .. JG/rr ~. 1010 First Street South Hopkins, Minnesota 55343 Phone: 612-935-8474 Fax: 612-935-1834 An Equal Opportunity Employer --. .. -- .. . MARCUS Real Estate Development ~l ,::::'~", ,," ': :-~ CORPORA.....ION 0 VE:::t':.... :' i,::, "'"'. ",.,T."" '" I" I ~[f'~;';" ~ '::;:.~~'f"::.:-::t WJ I"~ I' = C" . I ., \ 'j.,~ ._ ;:::: 12 i\I',2~;'l.J > .\...::.,:)..01 _' --=..:1 , March 17, 1992 "" "",,:,' ", ,': " MAR 1 8 1992 , ... .:':':-, ,": \ ,',,' ""'" . '" , " '. '.. ,'- . . ... '. ", ,:,;:,iYJel,"re'.A~' Miller, Esq. m m _ __ - ,,>,,>;::.j:};.':;Vesely~' Mill-er & steiner' ,,'," ,,' '<,::,:'::;;::J;: 400 Norwest Bank Building,' '" ' , "'>'i:'~:':",';lOllFirst street South ' . C;1~1,~i~i~!;.;~;?,~~~;~~~3' .'.,.. .,~' ... . . ... . " ..'...... ..... . .,"" .: ':,:::The revised easement document', youforwa:r;ded has been reviewed r:, :::<':~':':<:"\:~"',~bymeand my attorney.:,': The 'last,pa,ragraph . inserted on your. '" ,.," .." ,:,';:',/:S:::;i'~~?~tr':;<draft:.should ,be changed,' to 'read'."~rantee shall ,repair, any, ',,:, , '" ,,' . . ": " ......,., ,-.>', j' .,.~. _ ...... . " -- . . ,.' ,', :, :':;,:~:,~~:,":~:::damagecaused to Grantor's'parking area as' a result of said ,'. , , ,::,::;',: easement. II .: " , ' , ': Since there is no additional language as requested pertaining ~o setbacks, I will try to better explain myself. Most , '" cities now measure setbacks from easement lines rather than" ','. ::' property lines. I realize Hopkins' doesn't do so now, , however, this could change. To, protect ourselves from future . ordinance changes, I would like language in the agreement which specifies that now and in perpetuity all setbacks will " ' be)neasuredfrom ,;the,~propertyline ,and.. not, the .ease~entline. , " " ':(i;:!~,i,?,l::' ~_ " :" c:<~~:"; \~b': .'/':::.'.:,';' ~<<~~ ''':\'~'' ;!:t',: .".r:.,,: ' ::\:'.',.:" .. ..:,' ..:'::~.~;;:'" ~. ,,: ':, . '" ,Additionally /,I stilI'" need.. a'letter : from, the City ~ agreeing to :"1 pay our legal costs "associated with this' easement.', The ' , " '",', partners were very exPlicit, that they would not pay said' ",costs.,." ' ,,:.'" ,:', ' : ' ....", , If we can get these items addressed, then I ,will call a ," , partnership meeting to discuss the proposed final draft and seek approval. Jerre, I am not trying to be flippant on the compensation issue, but you need to realize I am responsible ^. ' . '",',, to a group of partners ,that take the '1ssue very serJ.ously. I 'will try to convince them to do this without compensation, . . ..,::-J, . however, the partners stJ.ll thJ.nk they were "had" by the,CJ.ty on the fire shutter requirement to the tune of $20,000 plus. They remember it so vividly that they have asked to seek removal of the assessment as the compensation. Eminent domain is not a negative consequence to us because through eminent domain, the city would have to purchase the easement. Beyond that, let's both remember the other options you raised are neither possible nor practical. Again, I will do my best to seek approval without compensation being addressed, however, I thought you should know where the issue came from .' and why. " , 10001 Wayzata Blvd.. Suite 100. Minnetonka MN 55343 · (612) 593-1177 .. ~ '.' If you have any questions, please don't hesitate to contact "me. .. 'I,", ,,,:,.., '.' .. c.,.. ',' ,..' ,;;t' .,.. . Sincerely , ..' ';"i:'i~' -.. . "y' - . " ", ..... "> .. -'e' ,""",' .,." . " '" ..~~. . -. .. f':....",~~n~.L< MarkO., ~en~ ",.'.:;':": ',,' ;.' "...:...; '." ':. ;.: ' . ,.;:,~::t(,(t:f.,fii!;it:(Olson, Bu~ldJ.n9 ,Partnersh~p " :. ,,;' :::L.:'<.,:"t.!~gfii~/;::'.~':';:'2'~': ",<" '", ,:' ' ' " .' ~ ,.._, . , , ":,'l:;':,c"'M SIb' "\";':\:, 0 Jm .- .. ,-..' " ' , "~ .. . . . ,',' ' " .' - ~ {-,' - .. .. ',,', " '. .. " " . I,,: .. . ',' ',~ '. ... ..,' - , . ~ : " " .. ," ,~ '1 <'....-. .. ',:. .. ,. ~ . l.. .., ..... "',...... \ . FROJECTNO. 88-/1 ~ ...... VESELY, MILLER & STEINER FOLDER NO. & PROFESSIONAL ASSOCIATION ' ~ .' 1~11"I~J ('I .J7 c; ATTORNEYS AT LAW, I'l, I hl..v -; ..... JERRE A. MILLER 400 NORWEST BANK. BUTI...OING JOSEPH C. VESELY (1905-1989) JEREMY S. STEINER* 1011 FIRST STREET SOUTH WYNN CURTISS HOPKINS. MINNESOTA 55343 . Real Property law Specialist, 612-938-7635 ccrtirlCdbythcM~'OlaSla" FAX 612-938-7670 Sar AsSOCtallOn. March 6, 1992 Mr. Mark Senn Marcus Corporation 10001 Wayzata Blvd. Suite 100 Minnetonka, MN 55343 Dear Mark: Your comments have been reviewed by the City Engineer Department and as a result, the legal description for the easement has been limited to the southerly 10 feet of Lot 5.' The zoning ordinance requires a 10 foot setback from the alley line in any event should your building plans include expansion in a southerly direction. The remaining language addresses your other concerns. ~ Your suggestion of compensation for the easement is the improvement to the premises by placing telephone, electrical and cable lines underground. In the event you seek compensation and refuse to grant the easement, I have suggested two alternatives to the City. First, a commencement to obtain the easement by eminent domain and second, to route the utilities around Lot 5. The second alternative, of course, would leave your building without service and this may not be desirable. In any event, kindly sign and have your signature notarized and return the easement to me for recording. Should you have any other questions about th~~ive me a call. S'ince ly, / ,: j, tl ~ ( ;;;7/~ ' eJtJ?e ~. Miller opkins City Attorney JAM/jw {/' Enclosure ~' cc Jim Gessele - - - - "- -- - ---- . F-'~ '''''''"1' "0 8C? If ""1 I'.;", l r"~ - I '''_~J_V \I'. F/':! ~f""~ :\l~('"\ to li~:.JCi" ~.~u. :. F!;;l/\! ~" JTq I '" I tn...) ".lll.lji\ C I T y 0 F H 0 P K I N S MEMO Date: February 27, 1992 To: Jim Gesse1e From: Jerre Miller Re: Marcus Corporation I received the attached lengthy letter on the easement request from the City' to Olson properties. I suggest the easement be compared to his comments concerning the legal description. I am uncertain what his concern is about describing the easement as an easement for underground electrical . facilities. Of course, the City maintains them but he would be unable to build to the edge of the alley over the utility. His bottom line seems to pay him for the easement. Look it over . 1010 First Street South Hopkins, Minnesota 55343 Phone: 612.935-8474 Fax: 612-935-1834 An Equal Opportunity Employer ~ MARCUS Real Estate Development ~ ~my..~ ~ CORPORATION & STEINER ~~[gD\YT~, . -,'" ',. -, , " February 25, 1992 , ~,.., ",:,:..~ '.., :,:";' .. <;' " FE B 2 6 1992 ~ . :.., . \ ~~ '.. . ,~,:::,:;1',:"::,~;";:~i;';':~;"I::'am;~in':~recEdpt,,r6f'your 'easement request 'pertairling' to" '":;/':'" ': ,.;,,:-~:.,,;'-.4';\~'rj-":;~.t:::'.\'':.~"' '.~ : "... ,. .' ". '.', " ':;;',~:"h;'property located at 904-908 Mainstreet. "You appear to be ' ", ,:;',:;,,~\\~;i):~~~~;~W~~requesting::twoeasements. ":':;'The 'legal,descriptionsdefine ,a ' . . '" ...... _ ,.." '\,l' \.,..1 .,,~ ",,' ,,>,1,,- , . :'i:,;>X:/:i~;~~ig~il0'~strip~running ; east/west ;,along ,the; entire.:, south property . ...~;.:;:~',.';;':'~'t~l;f~~~lirie~":~1:1~he "secondieasemerit 'defined as ,."thatPc:rt:ofLo:: 6"' '., " .. , "..,.deals ,wJ.th an easement under our elevator/staJ.r tower J.n the ' ., NorthHproperty line. Either the legal is wrong or I am ' ,:confused. Why is an easement being requested under our North r 'elevator/stair tower? I don't understand the need nor do , " ,', have enough information to evaluate the request. with the language the way it is now I can see no prudent reason for me '" to grant such an open ended easement under our building. . . More. ~nfo~at~~n might r~~ieve ,11lY fears.., ' , ...~!;,~~i~~:~~~~l~:~~~~~~~f~l~t~~ ;~~~~!i~~i~:1~:~~;~~:~i~n~s'ti,e ..... '.,' ~ . - "'>::;<;"<~':'.it:correct 'legalt'"then'you 'need to" change 'thefollowing'to close .',--". "'\::-/:\'the l~~p: ~ '.. ;':,'.. i ",::..' .' .,' '" '"" , .. .....<. ': '.'<,', - "::": :./ . ":"..' '. ',; ',",,':Before ,the words "to the point of beginning" in the . '"i>' second last. ,line of, the legal, .. insert "; thence . , ':' ~}::?;~,northerlyalong the west line., ,thereof", ',;, ' . < . " ' . ..', . <,,,. ...' .... . . .. . , , . ' As far as the request pertaining to the southerly 10', the ": city has previously had no easement or easement r.ight. ',. Before I "will' consider your easement request, several items ,';'i)need to be addressed.:>..". ' " ,"" "",,' " ' .. , " 1. The easement language is entirely too broad. The easement should be defined better, so as to define underground.electrical lines only or we need to know more specifically what is envisioned. .. , The easement would have to incorporate language that 2. would protect us at any future date so that there is no "question or issue over the point from which set backs are measured. If there, is currently an "0" setback' . 10001 Wayzata Blvd. - Suite 100 - ,Minnetonka MN 55343 -(612) 593-1177 <:,,; <4. .;- Page 2 . requirement, then this easement needs to address pertinent actions affecting future construction. If " ",', , there is a setback, the line from which setback is "'i;;','~\;i:;;;measured must be memorialized as the southerly property ,::::.,';;r';:::,:~:;;,\;,j{:,line and not, the northerly line of the proposed easement ", '"i~~',/;:,:should it be agreed to at this point in time. ,", "~~~'~::":"'The'eas'e~ent must include language which requires the ;,~:r:::;,;;:::,:;:;;::,~>,<;c:::'~::,city ,to replace or repair the improvements on the " ,:i~:/:;:':::~2~:;,2~~{~~~~if;property;should ,they find it necessary and that the',City ,:::;:;,~'r~Wt~iJi;(i;}j!~"\::i~'~;q;will'?;indemnify ,;us ",' against any damages ,'liabili ty etc.',," ,~:':, :~;;,:,Jr};~;:;;:;;;;~lt:;;:;~~;:t;::,::;,~;~ 'i:: ;i;o:;;;!,:+,S~~ i",;:; i::;~ \, : ' '::':'!Yh ,; ;:,; ,:'~' > ,.:', .:;: ,:~" ,; , ~: :, , · , '(';':;':':' '4~'''': The City will 'need to agree to pay all' our legal and/or Y::~'~i:::':;;:~1;~'i>:'~l;::rA:r:::,other"costs "involved ,in providing any such ,easement. "::'::';;:!F~1fI0~?{iX;~~t:~;~~~;~:~~~i1~':"~~":;,th~;;t~~ of' ea~e~~~t:;"~'t~;'a~eas ':',,;, ;,,',' .";~":,, ,',',', ,,;' ,," ""<"j",i:"invol ved , etc., we must discuss a form of compensation because this easement would negate our underlying rights on this part of our property. I throw this out as only an item 'for thought because I need to better understand the easement ,being requested and it needs better definition, as mentioned 'above, before this issue can be evaluated. . . I look forward to your response' so that I can better '. ,'." ,:, ,,~i,.,u~de:rs.tand , th~ City' s ,intent. .r:;?lti:~M;;'~~'f~~'~:~:i,i~-~':'..,J;:,T~,:::;. '.-';:'~,<; ,:', , "" , ,,' " " ., " "',' " ".""""~"., "'~" ,'. .'"...,... ..:.,i':::.:-...~;;':<..~'::., "'.::."1,.....,'.:/,.,.'. ...:.~.^. ',:.': -",..,', : , " .;,-'..: ," ,," '." /-: . , :,' .~. ,. ::. . . .. , " - ~ - . " ~. / ','..' ' "\" ' ': "Mark O. Senn ,. ';;MOS/bjm 'H' - , ,-,..'. . c', e . Co',!'oretlon or Partnership , , t?,Cltl~or.tlon or Partnership i -"" No delinquent taxes and transfer enter~d; CertlCicate of Real Estate Value ( ) filed ( ) not required Certlflcate of Real Estate Value No. ,19_ ", County,Audllor .,: by ( De ut STATE DEED TAX DUE HEREON: $ Date: ,19lL (reserved for recording data) FOR VALUABLE CONSIDEn.AT~ON, Olson Buildinq Partnership partnership under the laws of , a Minnesota " ,Grantor, hereby conveys and quitclaims to City of Hookins , Grantee, a municipal corporation under the Jaws of Minnesota , ~eal property In .., j Henneoin County, Mlnneso.ta, described as follows: '( A perpetual easement to install and maintain underground facilities'over, under, I :J across, and upon the following described property: I'; , , 1'- , . The southerly 10 feet of lot 5 and that part of lot 6 described as fonows: :.', ( i Commencing at the northwest corner of said Lot 6, thence easterly along the north (f: line thereof a distance of 10.18 feet; thence southerly and parallel with the (-- west line t~ereof a distance of 28 feet; thence westerly and parallel with the - -'''' -- -- north line thereof a distance of 10.18 feet to the west line thereof to the point of beginning and there terminatins all in Block 5, West Minneapolis III more .pee. I. n..d.d. contlnu. on b.ck) ..~-.t7~ together with ail hereditaments and appurtenances belonging thereto. .t'J't'::l'~ OLSON BUILDING PARTNERSHIP ">f.";'.:. "Hix Ikl~t1 Tax Stump IJelp. :}~ By ":'1 Its ,:,-;: .- '."t.'t'~ By . :-~.. Its STATE OF MINNESOTA } u. COUNTY OF Hennepin . , ,The foregoing was acknowledged before me this day of ,19..2L , by and , the Olson.Building Partnership and of ,a partnership .... under the laws of Minnesota , on behalf of the partnershi 9 ' . -.' ...... -.-..--...... . .~_._---_..__.._-._._-_._- - .-.-.... ';,-'".';"":,', NOTARIAL aT AMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERBON TAKING ACKNOWLEDGMENT :~';~:'. Tn SloI.m'''l' .lor tb. u~ properl' d.,erlb.d In tbl. Inllrumlnl should . ".~~: b. IInllo (lne U . n.m. an .eld.... of Oranlte)1 f,~~~.t\t'Io""'*''\.''''':-:t-'-''''''''~\'f:'~ 4:"ft . ~t...:.., " '~~~~ . . :"~.t. . .',!',r .... .._._----~~.............._-~_._------ ,:. '~''''. .... '.. ... ..... _ , . 'M' ......_._..,_______.....___ ..'._.~ .'.. "...... ... THIS INSTRUMENT WAS DIlAFTED BY !NAME ANb ADDRESS)1 ,'" 'Vesely, Miller & Steiner n.. " 400 Norwest Bank Building .. 1 ' 1011 Fi rst Street South . Hopkins. MN 55343 I, . , ' .... .............-..._._. _. .... ..-"__"._0_0 . ..' ------...... -....--..-.........-. ...-..-....... r~/"~'I.:.i"\7 ~l!""'; , <.....-~<-'; i,'.,i, 88-// ,',-.....~,.'" VESELY, MILLER & STEINER F::L[lE~~ ;4.J.;)~ 0 PROFESSIONAL ASSOCIATION --- .' 1"--'", "" __ Jiej l"j' 1'.1 t I. f I I .t.....) ATTORNEYS AT LAW --- -- JERRE A, MILLER 400 NORWEST BANK BUILDING JOSEPH C. VESELY (1905-1989) JEREMY S, STEINER* 1011 FIRST STREEf SOUTH WYNN CURTISS HOPKINS, MINNESOTA 55343 . Real ProperlY Law Specialist, 612-938-7635 ccrtirJCd by tho Minncao<a Sta.. FAX 612-938-7670 Bar Association. February 21, 1992 Olson Building Partnership 10001 Wayzata Boulevard #100 Minnetonka, MN 55343 Gentlemen: On January 3, 1992 I wrote you concerning an easement for underground electrical services. To date I have not received it back from you. Please return this document at your earliest convenience so I can record it with the County. Thank you. . Sincerely, Jerre A. Miller Hopkins City Attorney JAM/jw cc Joe Fawcett . ',,'t . - = - ,- . MARCUS vf~'eal Estate Development \ CORPORATION ,. September 18, 1990 " Mr. Jim Kerrigan City of Hopkins 1010 First Street South Hopkins, MN', 55343 , Dear Jim: : I am deeply concerned and disappointed with the performance of the City and it public'works people in following up en . city commitments. When we undertook the costly renovation of the Olson Buildinq , the city agreed as part of that renovation to: a., Get rid of the telephone pole and unsightly electrical control boxes immediately adjacent to our building bordering on the alley. ' b. To minimally stripe and install concrete curbs in the . adjacent parking lot. , ' Now, over a year later, nothing has been done. The telephone pole and electrical boxes remain. I Pert~ining to the parking area, we were installing concrete curbs and prepi;,iring for striping last fall when the City asked us not to continue and said they would do it. Nothing happened last'fall., When we inquired, we were told it would be done this past spring. Nothing happened this spring. ' Then we were told summer and nothing happened during the summer. Now we are back to fall again and still nothing has been done. We are very concerned because soon the ci'ty will put their equipment away again and it won't be done this year. There continues to be a great deal of confusion over parking in the lot. The lot needs to be striped and the concrete curbs need to be fastened down so they quit moving every time they are bumped. I sincerely hope this matter can be dealt with now and not next year. Jim, I am not trying to get on anyones case, however, we would have been far better off doing the work oursel ves as wee had planned originally. ',We get constant . J 10001 Wayzata Blvd.. Suite 100. Minnetonka MN'55~43 · (612) 593-1177 - ~ . "g): -. . " f; f",I". Mr. Jim Kerrigan " -. Page 2 comments from tenants and their clients which reflects riegatively on the project. Safety is also an issue to some. sincerely, ~ ..... .... 'e:- . , ' . Mark' 0.' Senn ,.; . : j i . 1,. , ", ,I' MOSjbjm " ,,' ~ I. : " , ' , , , , , : , , . ,,' , , ',I . . .: ' .. ! , " ': ) \ . I '.' -- -~-- MARCUS L/7t.f 7750 Real Estate Development CORPORATION . November 9, 1988 ,James 0'. Kerrigan ,Ci ty of Hopkins 1010 First Street South' Hopkins, MN 55343 ' , Dear Jim:", '1 ; , .~\.J ",7 , Attached ~f~:;,~~'.~xe~~~;$'t~~~Pie~~of our 'agreement. As soon as your exes~~~,~:t,,'g;tt:.~;~:t;i.~t'.C;:tyl s , end, ,please return a' fully" executed copy,.it;e:Ooi!:me,',:~~mme~ately "'iii:' . '" ::," :' :, ,,;lAt~~,;~,i;}"':,'>;'f"'~:;;~+:t~.~~..,"; " ' , ' AdditionallY1'v,iY:~u' requested ,that 1. address utility easements in my cOVet- ,~letter~ I can't see any reason why we would be " 'adverse;::to;grarlting the city necessary utility easements on ! ' '.:i-,,' "'. ',', , , , , i ' .,' the para1'!le'ter( of the property so' long as the easements do not '" ,:: inipac,t'~: any::t~p:rovements ,on ,the site. Prior to any definitiv;e , ;!' " agreement, I,,~,will need to know the, exact parameters of any' . ,'.- I It, M'" , , " , ." : such ' easem~nts. ' , : . . - _ .',' - ',' ~ ~r::', " " ~ . '\:; . . Additionally, as, we discussed both early on and again 'recently with the electrical service, the City will provide ati,its ,expense for any utilities to the' building necessary to , meet' the new demands 'of ,the building. The two we have specifically discussed are underground electrical service and water service should upgrading become necessary due to City requirements, codes, etc. :' . 'c 'I I have also attached a redraft of your cover letter relating to the agreement which needs to be signed and-dated the same date the city executes the agreement. Our execution of the agreement forwarded herewith is contingent upon this cover letter being likewise executed 'on the City'S part. If you have any questions please don't hesitate to contact me. MOS/bjm .-.- Enclosure · ,'10001 Wayzata Blvd. · Suite 100. Minnet~nka MN 55343. (612) 593-1177 . \- ':; ~:.-: . , .:-', ~. C I T y 0 F H 0 P K I N S . August 18, 1988 Mark Senn Marcus Corporation 10001 Wayzata Boulevard Suite 100 Minnetonka, MN 55343 Dear Mark: The City is in the process of undergrounding the NSP lines in the alley south of Mainstreet between 9th and 10th Avenues South. As part of this project, the City is securing the necessary easements. The enclosed legal description details the easement that will be required in back of 906-908 Mainstreet. Also I have scheduled September 6th for the public hearing on the sale of this ,property and approval of the . redevelopment agreement. By August 29th I will need all the items detailed under the Submission Documents in the Request for Proposal for this project. These include the following: _ schematic design plans _ preliminary evidence of financing - financing pro-forma _ organization chart for development project _ a statement on the notioe of private finanoing required or other debt financing and the ability to obtain financing _ a summary of previous development projects If you have any questions please give me a call at 935-8414. Sincerely, James D.Kerrigan Planning & Economic Development Director Enol. -- _. _ .u..~ -. 1010 First Street South. Hopkins. Minnesota 55343 612/935-8474 An Equal Opportunity Employer i . ." ., . To: Jerre Miller, City Attorney FROM: Gordon 'Anderson Regarding: Easements Needed Date: August IS, 1988 The following easements are needed to install and maintain underground electric utilities: 1. 922 Mainstreet Various occupants Pin #24-117-22 34 (0009) Listed Owner: Hopkins Housing and Redevelopment Authority. The Southerly 9.00 feet of Lot 1, Block 5, West Minneapolis. 2, 918 Mainstreet Snippers Pin #24-117-22 34 (0010) Listed Owner: Hopkins Housing and Redevelopment Authority The South 9.00 feet of the West 22 feet of Lot 2, Block 5, . ,West Minneapolis. 3. 916 Mainstreet Mashek Cleaners Pin #24-117-22 34 (0011) Listed Owner: Jerry C. Mashek, etal Gerald J. Mashek The South if. 00 feet of the following described property: the' East 23 feet of Lot 2 and the West 17 feet of Lot 3, Block 5, West Minneapolis. 4~ 914 Mainstr~et Owens Building Pin #24-117-22 34 (0012) Listed Owner: Hopkins Housing and Redevelopment Authority. The South 9.00 feet of the East 28 feet of Lot 3, Block 5, West Minneapolis. 5. 910-912 Mainstreet Martin Building Pin #24-117-22 34 (0013) Listed Owner: Inger Adamson, eta1 Albert A, & Cynthia G. Martin The South 9.00 feet of Lot 4, Block 5, West Minneapolis, al,,"c The North 5.00 feet of the South 37 feet of Lot 4, - )..,)-.:~(, 5, West Minneapolis, . .--- ---- .- .,.'" -, -t~.'1 . 6. 904 1/2, 906-908 Mainstreet Daniel's Studio, etc. Pin #24-117-22 34 (0014) Listed Owner: Hopkins Housing and Redevelopment I Authority The South 9,00 feet of Lot 5, Block 5, West Minneapolis, ai_.:;o ,the West 10.00 feet of the South 40.00 feet of Lot 5, ~lc,':::l~ 5, West Minneapolis, also the North 5,00 feet of the ,~' -,'1" 37 feet of Lot 5, Block 5, West Minneapolis. 7, 902 Mainstreet Vacant property Pin #24-117-22 34 (0015) Listed Owner: Hopkins Housing and Redevelopment Authority. The South 9.00 feet of Lot 6, Block 5, West Minnepo1is. . ",'. '-.....,...,.... , / , I . . . c ( T Y . 0 F H 0 P K I N S June '11, ,1992 Kenneth T. & Harriet Ahlstrom 2517 Cedar Crown Dr. Minnetonka, MN 55343 Dear Mr. & Mrs. Ahlstrom: The property you own on Mainstreet between 9th and loth Avenues was provided new underground electrical service in 1988. This was a city project undertaken to improve the aesthetic appearance of the adjoining rear alley and was done, at no cost to the property owners. A 10-foot utility easement was required across the rear portion of each'lot to accommodate this installation and most business owners generously provided the necessaryeasement-at.no charge. . To date you have not responded to the City with an offer of a free easement. Staff is recommending to the city Council at its June 16 meeting to call for'a public hearing on July 7 where all issues pertaining to this easement will be publicly discussed. Council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 ,meeting. Sincerely, , ~~ ~ James Gessele Engineering Superintendent JG/rr . 1010 First Street South Hopkins, Minnesota 55343 Phone: 612-935-8474 Fax: 612-935-1834 An Equal Opportunity Employer . . ".""'t'"" C I T y 0 F H 0 P K I N S June 22, 1992 Kenneth T. and Harriet Ahlstrom 2517 Cedar Crown Drive Minnetonka; MN 55343 Dear Mr. and Mrs. Ahlstrom: City Council at its June 16 meeting ordered a public hearing for Tuesday July 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in regardito your property at 904 Mainstreet and the acquisition of a ten foot electrical utility easement. i . . All other business owners along Mainstreet who were affected by installation of underground electrical service generously provided,the necessary easements at no charge. The City feels it should not need to pay because of the benefits . provided by the project at no charge to you: new electrical 'service, new meter socket, improved rear lot aesthetics. You are invited to attend the July 7 hearing should you wish to be heard with reference to the proposed resolution. Sincerely, !fmw ~ James Gessele Engineering superintendent JG06192E . . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 , An Equal Opportunity Employer . C I T Y 0 F H 0 P K I N S June 25, 1992 Kenneth T. and Harriet Ahlstrom 2517 Cedar Crown Drive Minnetonka, MN 55343 Dear Mr. and Mrs. Ahlstrom: In regard to an electrical utility easement across your Mainstreet property, City staff and its attorney wish to underscore their willingness to reach a satisfactory agreement before eminent domain proceedings actually begin. To that end be assured we will entertain any new Fr.oposals that may serve as basis for negotiating an electrical utility easement. You may contact me at 935-8474. . Sincerely, ~ ,~ James Gessele Engineering Superintendent, . JG06252B . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opport~nity Employer . , -e c I T Y 0 F H 0 P K I N S June 25, 1992 . , Jerry C. Mashek 329 - 13th Avenue North Hopkins, MN 55343 Dear Mr. Mashek: In regard to an electrical utility easement across your Mainstreet property, City staff and its attorney wish to underscore their willingness to reach a satisfactory agreement before eminent domain proceedings actually begin. To that end be assured we will entertain any new proposals that may serve as basis for negotiating an electrical utility easement. You may contact me at 935-8474. . Sincerely, ~ ~ . James Gessele Engineering Superintendent JG06252B . . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer , . . ' C I T Y 0 F H 0 P K I N S June 25, 1992 Gerald J. Mashek 916 Mainstreet Hopkins, MN 55343 Dear Mr. Mashek: In regard to an electrical utility easement across your Mainstreet property, city staff and its attorney wish to underscore their willingness to reach a satisfactory agreement before eminent domain proceedings actually begin. To that end be assured we will entertain any new proposals that may serve as basis for negotiating an electrical utility easement. You may contact me at 935-8474. . Sincerely, ~, ~L- James Gessele Engineering Superintendent JG06252B , ..' . . 1010 First Street South, Hopkins. Minnesota 55343 612/935-8474 An Equal Opportunity Employer, . ,C I T 'y 0 F H o P K I N S June 22, ~992 Jerry C. Mashek 32Q 13th Avenue North Hopkins, 'MN 55343 Dear Mr.' Mashek: City Council at its June 16 meeting ordered a pUblic hearing for Tuesday July 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in ' regard to your property at 916 Mainstreet and the acquisition of a ten foot electrical utility easement. All other business owners along Mainstreet who were affected by installation of underground electrical service generously provided the necessary easements at no charge., The city feels it should not need to pay because of the benefits . provided by the project at no charge to you: new electrical service, new meter socket, new parking lot, improved rear lot aesthetics. ' You are invited to attend the July 7 hearing should you wish to ,be, heard with reference to ,the proposed resolution. sincerely, ~ ~, , James Gessele Engineering Superintendent JG06192D ~r ' ~,mrp oR J'~~~h-~~. ~~~ .aT9'/(o,7J1~ fti> ~ 4-em-~'~ ~~~"eep~~' d--, , . "~LrO'~ '~~~ r~~ ,,~~ . p~ ~..~~- ~ . 1010 First Street soUth, Hopkins, Minnesota 55343 612/935-8474 ~ ~.~ An Equal Opportunity Employer , ' , ., , , --.--------- . C I T Y 0 F, H 0, P K I, N S June 22, 1992 Gerald J. Mashek:.' 916 Mainstreet Hopkins, MN 55343 Dear Mr. Mashek: City council at its June 16 meeting'ordered ~ public hearing for Tuesday July, 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of emi:nent domain in regard to your property at 916 Mainstreet and the acquisition of a ten foot electrical utility easement. All other business owners along Mainstreet who were affected by installation of underground,eleqtrical service generously provided, the necessary easements at no charge.' The city . feels it should not need to pay because of the benefits provided by the project at no charge to you: new electrical service, new meter socket, new parking lot, improved rear lot aesthetics.." You are invited to attend the July 7 hearing should you wish to be heard with reference to the proposed resolution. sincerely, ~ ~ James Gessele Engineering superintendent JG06192D , ~. , 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer '. C I T 'y 0' F H 0 P K I N S June 22, 1992 Jerry C. Mashek 329 13th Avenue North Hopkins, 'MN 55343 Dear Mr. Mashek: ',-. city council at its June 16 meeting 'ordered a public hearing for Tuesday July 7, 1992 at 7:30 P.M. to consider a resolution to implement the power of eminent domain in regard to your property at 916 Mainstreet and the acquisition of a ten foot electrical utility easement. All other business owners along Mainstreet who were affected by installation of underground electrical service generously provided, the necessary easements at no charge. The city feels it should not need to pay because of the benefits . provided by the project at no charge to you: new electrical service, new meter socket, new parking lot, improved rear ... ~--: lot aesthetics. You are invited to attend the July 7 hearing should you wish to be heard with ,reference to the proposed resolution. Sincerely, ~ ~ , James Gessele Engineering Superintendent JG06192D - 1010 First Street SoUth, Hopkins, Minn~sota 55343 612/935-8474 An Equal Opportunity Employer - ~.. - - ~ ~ -.. .,. ~ .. - + . .~- + " .. -..... . " ~ . . . .. ., , F~{"'I r:t~'T 1\0 88 -iI ,\~',,!.-v '. F''LDr:rU'O ~ . V '-I ~', -, M~HEK INITli;LS JTej . .,0 .. ._- - ~- --. .. ~ . - .<-. --- - TAILORS & CLEANERS June 14,1992 City of Hopkins 1010 1st St So Hopkins, Mn 55343 Attn: Mr J. Gesse11e Dear Mr. Gesse1e, Reference your letter dtd June 11,1992 regarding an easement in the rear alley between 9th and 10th Ave. So. and received June 12, 1992. I appreciate your candidly admitting that the Staff approved the confiscation of private property without just compensation to the owners, without the benefit of a signed easement, but with the attendant damage to said private property. This action is clearly against the law of the State of Minnesota as well as the laws of the United States. I wi 11 be most happy to discuss the issues before the City Council on July 7th. In the meantime you may want to consider the following: . 1 ) While you may have improved the aesthetic appearance of the a 11 ey, the huge, square junction box attached to my building did nothing to improve the building's aesthetic appearance, possibly reduced its value, and as placed, would have to be moved if anyone were to build on that lot. 2) The burial of the electric lines involved 10ng trenches being cut through my parking lot and across the mouth of the lot at the alley. These trenches, although filled with dirt, remained for two years and caused further deterioration of the parking lot. 3) When the Staff eventually decided the City should resurface the 10t a totally inferior product was used which took almost 6 weeks to set up causing untold inco~veniences to myself, my employees, my customers and my delivery companies. 4) Due to this inferior grade of bituminous coating, one can see it has not bonded properly with the sub-surface because cracks have already 'appeared on the surface. Both A1 Martin and I had asked that the old tar be removed and an entirely new bituminous surface be laid. You will remember the surface behind JAX ANTIQUES was entirely destroyed as was a large portion of Mr. Martin's parking lot. 5) The inferior grade of bituminous coating was used because Staff was convinced the Al1eyscape project would be approved and these parking lots would be resurfaced properly at that t 1me . --'--.. 6) Both Mr. Martin and I have agreed to sign these easements . when our parking lots are returned to serviceable condition. 7 ) Staff has insulted us publicly by sending copies of these easements to the former owners of thesepropetties in hope that they would sign without first consulting us. 916 MAIN STREET. HOPKINS. MINNESOTA 55343 . (612) 938-8052 1 ~ ., . .' I fee 1 Mr. Marti n and I have been ext reme 1 y pat fent t h rougho'ut this ordeal. I personally resent most strongly the tone of your letter and the threat of condemnation proceedings it contains. Staff is far more legally at fault than either Mr. Martin or me. Their attitude appears to allow them to run rough-shod over anyone who might disagree With their plans ,for OUR PROPERTY, OUR BUSINESSES, OUR LIVELYHOOD, and OUR RIGHTS. :P~~ Gerald J. Mashek MASHEK TAILORS & CLEANERS .' 2 . , . -. ,." -,. . ", 88-/1 PROJECT NO. FOLOr:::, ~,!'I ' ~ L... '.....,D.,~........... . -'.' INlilALS In; c I T Y 0 F H 0 P K I N S June 11, 1992 Jerry C. Mashek 329 13th Ave. N ( Hopkins, MN ,55343 Dear Mr. Mashek: The property you own on Mainstreet between 9th and 10th Avenues was provided new underground electrical service in 1988. This was a city project undertaken to improve the, aesthetic appearance, of the adjoining rear alley and was done at no cost to the property owners. A 10-foot,utility easement was required across the rear portion of each lot to accommodate this installation and 'most business owners generously provided the necessary easement at no charge. To date you have not responded to the City with an offer. of . a free easement. Staff is recommending to the city ,council at its June 16 meeting to call for a public hearing on July 7 where all issues pertaining to.this easement will be publicly discussed. Council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 meeting. Sincerely, ~,~ James Gessele Engineering Superintendent JG/rr .' 1010 First Street South Hopkins, Minnesota 55343 Phone: 612-935-8474 Fax: 612-935-1834 An Equal Opportunity Employer -- " . . C I T Y 0 F H 0 P K I N S June 11, 1992 Gerald J. Mashek 916 Mainstreet' Hopkins, MN 55343 I Dear Mr. Mashek: The property you own on Mainstreet between 9th and 10th Avenues was provided new underground electrical service in 1988. This was a city project undertaken to improve the aesthetic appearance of the adjoining rear alley and was done at,no cost to the property owners. A 10-foot utility easement was required across the rear portion of each lot to accommodate this installation and most business owners generously provided the necessary easement at no charge. To date you have not responded to the City with an offer of . a free easement. Staff is recommending to the city Council at its June 16 meeting to call for a public hearing on July 7 where all issues pertaining to this easement will be publicly discussed. Council will be asked to act on a resolution authorizing condemnation proceedings at the July 7 meeting. Sincerely, ~~ James Gessel,e Engineering Superintendent JG/rr ~ . 1010 First Street South Hopkins, Minnesota 55343 Phone: 612-935-8474 Fax: 612-935-1834 An Equal Opportunity Employer , .'-' -~, -" ,~ / fROJEC1 WJ.~8 i/ .' / / VESELY, MILLER & STEINER ),,~..., G iI)' 1}r.:rt NO. - PROFESSIONAL ASSOCIATION ~i.-..... -- . \ r:,;,;-:r.!}3 _-:!-L...-~ ATIORNEYS AT LAW I. ~" . .' ..... JERRE A. MILLER 400 NORWEST BANK BUILDING JOSEPH C. VESELY (1905-1989) JEREMY S. STElNER* 1011 FIRST STREEf SOUTH WYNN CURTISS HOPKINS, MINNESOTA 55343 . Real Property Law Spocialis~ 612-938-7635 certified by tb:> Mimcs_ StaID FAX 612-938-7670 Bar Association. March 20, 1992 Mr. and Mrs. Jerry Mashek 329 13th Avenue North Hopkins, MN 55343 .. Dear Mr. and Mrs. Mashek: In order to improve the alley scape, overhead wires and utility poles have 'been removed and electrical service has been placed underground along the alley way. In order to facilitate installation and, continued maintenance, I have enclosed an easement requested of you by the City of Hopkins and a drawing containing the shaded area covered by the easement description. . Please sign the,document and have your signature notarized at your ,earliest convenience and return the original easement to me with the use of the enclosed envelope. On behalf of the City, please accept my expression of gratitude for your assistance. Sincerely, . 'Jerre A. Miller Hopkins City Attorney JAM/jw Enclosure cc Joe Fawcett . , " Form No. 28.M-OUIT CLAIM DEED Mlnnesola Uniform Con~eyanclne Blanks (1918) Mlller.aevi. Co" Minne.poll. , , Indi~~"uai isi io Corpo;.;tjo~ --..'--.,--..,...--,.-.,-.......... .--.------.............-.....,'.,.-..... ..c...' -........... ' or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. .' ,19_ ~ County Auditor by De ut STATE DEED TAX DUE HEREON: $ i i Date: .19_ , (reserved for recording data) : ,', ; FOR VALUABLE CONSIDERATION, Jerry C. Mashek and Agnes C. Mashek a/k/a AQnes I' E. Mashek, husband and wi fe; , Grantor (s), " , I (marital slatus) " herebyconvey(s)andquitclaim(s)toCHyof Hookins , .' . Grantee, ' a mun; ci pa 1 corporat; on under ~he:laws of Mi nnesota , real property in Hennepi n County, Minnesota, described as follows: An electrical easement to construct, install, maintain and repair underground electrical telephone and cable facilities including wires, cables and cpnduits over, under, across and upon the following described property: The southerly 10 feet of the East 23 feet of Lot 2 and the West 17 feet of Lot 3, Block 5, West Minneapo~is. j Grantor retains and reserves' 'the:right to use said easement for purposes not inconsistent with grantee's rights hereby granted . including without limitation rights of access and vehicular parking except, and 'to the' 'extent that grantor shall not erect or construct , any 'building or other structure upon said easement. Grantee shall repair any damage caused to grantor's parking area existing upon; said easement. ' (If more space Is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. - ! l , Jerry C. Mashek Affix Dpcd Tax Stomp.lIere ; Agnes C, Mashek a/k/a Agnes E. Mashek STATE OF MINNESOTA } ss. COUNTY OF' Hennepi n I , I The foregoing instrument was acknowledged before me 'this day of , IlL--. by Jerry C. Mashek and Aqnes C, Mashek a/k/a Aqnes E. Mashek , Grantor (s). "" N~" ".".. ,__, ~"" .. . .__'_'_'_"" 0........ "'~M""_" .n."" ,.m _.~,... "'''.....m ...., .~.. ..0.' ..0 NOTARIAL STAMP OR SEAL (oa OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Slalemento lor the roat properly d'a.erlbed In lhl. In.lrument .houJd : be 'enllo (Include name and add.... 01 Granl..): ., , '0""_' ....0 "", .'"''''''''_.M__~_''._'''_..''''''M...."~,_,_..,_O._'''-_n'''~,'''_'''""OM~._. M'_'"""_''''''''''._'''' Ii-iils iNSTRUMENT WAS nRAFTEDBY'(N AMEANOAoDREss;: " Vesely, Miller & Steiner . 400 Norwest Bank Building . 1011 First Street South , . Hopkins, MN 55343 I ! 'I I I I ';', , ",'''i, " I ' "" .., ,,' I ,'., ,'SOUT)t~A~T\::<' ~' I'. ",'.., "1 mi. S. of Hwy.50 on~5W, ." "'." Lakevllle';" ':l,: " " 4694831'" ' ' ,,:', ' :', WEST~~LX~T "', ,,<' :' 'Invoice040813 ' 6401 Industrlar, Drive , ' , " " , '" ,,' ", ' ,,' !, '. ,E.den Prairie: 'ORPORATION, 'PROJECTNQ '... &' ' '~, " ' >, 934-8514<, ' ,: ' 7V-OiJ ' (.,N~~eJ~~~~~ BdX5477;'H6~i<~NS;;~I~~ES~T~;~5~~3' , " 'F' O'LO&R' ":"'N"O: ,', '> ~:, ,..,q\ 636-37;,0,7" ,'OFFICE937-8033 ',;,. ' , . '..:J" " ,':t . ,~.: :; \. ~.' .. , ,; , " ,",;:i: " ,'.': ' ',.' ,.< , '~;'~.'. INVOI 'JTOj "'I' .-:.:.. '<"'\""" ' ,..', ;', , .. , . .. . I " " " ',:Cit'y'pf,Ho1?kins:, " '" ' " ' , "SOLO 1010 Jst,:Street So.,:,' " TO ,,',' " ',' , , 'I Hopkins ;MN: 55343 ' , , ,)t... ',:.;,:.:;'~:"' . 'i~:~::":' ':,.," '" ',' :,;,"';" :'.. ~ : ,:,'., .'" ',,' :,~:'", . .... '. . ..' ., ...', ,'t'. ' "' ", LAttn:,'Jim' G~ss~le' , :',:' "", '" ,OESCRIPTIO~ " . ... .~"i'r~Z~::~~:::~:':;";:5f:~t~;_~~t:;;;r;~'';7' . .. , , ',This ,completes't~isproj ect'':''Ple~~e:Gu.birlt:::thEU:'' ainount;;:shown, ,:aldng':withanyr~tenHonJ;l'eld .ftQnC ;i::~~~~~~'~ ~ ,~~eq~~~ 1:8., :,:Than~ ,:011~, .:' :,~:;,,;.:~; ~':",};;:i:, ;i;,:';' ,'>, c,!,', <,,'\;;'i,".';.' . ' ",~63, ' 470"S2...--:3hl . ".' .. ':'((,t::,:C',,!';;. ... \... ;'. ....'r....;;;;,>.~;~,!:,'';i-?;~,h"i,...., .; ,< ,\; '., ....~..~... ~"";' .. ..........7>>*>iY .., '.' .,: ,.~' I',~ ';", "',' ':,~">'.':..,.,,~, ..,'.:_:.' " .' , , ~f\,:9;::.~~?:~:' ", TOTAL "\'f+',",,~ :;'d';,I'," tL. . '":'.b';'f'~"~:"',~:'-; ,"",,', "." PLEASE "PAY. BY INVOICE:n..:r.""~'?;:1<~i '. ,',,' ", \:::\~",;\:,:>,:i:, .>!', ~ :.' '. '.' ..... .' '. '",., ~....' '. ' I l . ~; I' ,1 ~''....''',,' :'. ,". _ ., .'." '" "".~. 't:"" .:,' ~l~> I,~, ~_...' 1'- ..w.~f.. ~~~><<~.... !1ol:~_~~~~~~..'_..:~~.;.,~~~~~~d~~'~~".J,."'~~~'~M'tlIe:...a.~~~..~~~~- ;".'" ,'>.":,,, "~., . ,'-," , <,.,<. .>:..,...::..::":~' :;<;~;: . Jropoaal Page No. P~pJECT N~aQes '30-[/ "OLDER NO. ~ .' ...ITC, ORPORATION .. . 6350 Industrial Drive, Box 5477 · Hopkins. Minnesota 55343 ;-, (612) 937.8033 THIS COMPANY IS AN EaUAL OPPORTUNITY EMPLOYER PROPOSAL SUBMITTED TO PHONE DATE CITY OF HOPKINS JUNE 21 1991 STREET JOB NAME 1010 1ST STREET SO. CITY. STATE AND ZIP CODE JOB LOCATION HOPKINS MN 55343 HOPKINS ARCHITECT DA TE OF PLANS JOB PHONE ATTN: CITY ENGINEERS We hereby submit specifications and estimates for: ACILITY. APPROX. 710 S.Y. QUANTITY UNIT ITEM COST TOTAL C.Y. EXCAVATION S.Y. FINE GRADE S.Y. AGGREGATE BASE S.Y. AGGREGATE BASE GAL, PRIME COAT GAL. TACK COAT S.Y. BITUMINOUS BASE COURSE S.Y. BITUMINOUS BINDER COURSE S.Y. BITUMINOUS WEAR COURSE SPECS: REMOVE AND REPLACE 1. WILL EXCAVATE TO ALLOW DRAINAGE TO ALLEY AND CONSTRUCT 6" OF NEW BASE AND WEAR. 2. WILL CONSTRUCT 4" CLASS 5 GRAVEL BASE (RECYCLE) MEETING 3138 STATE SPEC. I 3. WILL CONSTRUCT A 2" 2341.WEAR COURSE. COST FOR THIS WORK: $8,095.00 ALTERNATE 2 - OVERLAY ONLY 1. WILL SWEEP AND CLEAR: AREA TO BE PAVED. 2. WILL CONSTRUCT BITUMINOUS TACK COAT. 3. WILL MILL ALONG TOP EDGE, MAKING ROOM TO TIE INTO EXISTING MAT. 4. WILL CONSTRUCT U" 2341 HOT MIX OVERLAY. COST FOR THIS WORK: $4,280.00 TOTAL ESTIMATE IIr JrDpD5l' hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: SEE ABOVE dollars ($ ). ayment to be made as ollows: I NET UPON COMPLETION e ~ z -- ~ I ! AI material is guaranteed to be as specified, All ark to be completed in workmanlike manner according to standard practices. Any alteration or de. viation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond THIRTY our control. Owner to carry fire, tornado and other necessary insurance. Our d'''( workers are fully covered by Workmen's Compensation Insurance. Atttptantr nf JlrnpnBul- The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized Signature to do the work as specified. Payment will be made as outlined above. Oate of Acceptance: 7/t/~1 Signature . . M~HEK TAILORS & CLEANERS Aug 22, 1989 Mr. Steven Mielke 1010 1st St. So. Hopkins, Mn 55343 Dear Steve, Referencing your letter dated March 31, 1989. regarding the repaving of the parking area behind my building I'm afraid I find the City plan unacceptable. In the first place I do not want a patched parking lot. The entire entrance to the lot has been removed along with two cuts from the alley to my building. This means 3 large areas will have to be replaced. If your patchwork should for any reason begin to pull away or erode this Spring I would have to repave the entire lot at my, own expense. I had anunpatched lot before the City buried the power lines, it is the City's responsibility to return the parking area tome in the same unpatched condition. I should add that I have consulted with the other building owners on . the block and they are in complete agreement with my position ,and expect to have their parking areas totally repaved also. With the winter season fast approaching, arrangements should' be made soon to finish this project. My busiest season begins in September and I can ill afford to have this time period interrupted with still more construction. Therefore I suggest immediate action on this project. . \ 916 MAIN STREET. HOPKINS, MINNESOTA 55343 . (612) 938-8052 " . ( . .~' C I r y 0 F H 0 P K I N S March 31, 1989 Mr. Jerry Mashek 916 Mainstreet Hopkins, MN 55343 Dear Jerry: Mr. Craig Rapp has asked tha~ I respond to your letter dated March 25, 1989 regarding the parking area behind your building. The City of Hopkins intends to complete the utilities burial project behind your building as soon as the weather is warm enough to ensure a quality re-paving of the trenching areas. This will not be possible for several weeks due to the frost . and wet conditions which currently exist. The trenches and, any areas which are damaged due to the, construction would be placed back into a condition equal to or better than the condition that the lot was in prior to the construction. Any work above and beyond this would be beyond the City's responsibility. If, in your opinion, the entire lot has eroded in condition due to the construction, I would recommend that you contact. Mr. Gordon Anderson to discuss this finding. Should you decide to overlay the entire lot prior to having an agreement with the City for financial considerations, the City will not be responsible for any of the costs to re- surface. Mr. Anderson, upon discussing this with you, can recommend to the City Council whether there 'has ,o'been sufficient damage to warrant such action. . 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer ~ .. . ,: ' , t1I " J. Mashek March 31, 1989 Page 2 /' The City is well aware that the construction has caused inconvenience to you, and your customers, and for that, we apologize. As I stated earlier, it is our intention to complete the surface restora tionas soon as it is feasible to do so. Sincerely, CITY OF HOPKINS Steven C. Mielke Community Development Director SCM:jp Copy: /Craig Rapp . Gordon Anderson . . ,. Exhibit A Owners: Jerry C. Mashek et al Gerald J. Mashek Property Address:' 916 Mainstreet Hopkins, Minn. Easement Description: An electrical easement to construct, install, maintain and repair underground electrical telephone and cable facilities including wires, cables and conduits over, under, across and upon the fOllowing,described property: ' The southerly 10 feet of the East 23 feet of Lot 2 and the West 17 feet of Lot 3, Block 5, West Minneapolis. Grantor retains and reserves the right to use said easement for purposes not inconsistent with grantee's rights hereby granted including without limitation rights of access and vehicular parking except and to the extent that grantor . shall not erect or construct any building or other structure upon said easement. Grantee shall repair any damage caused to grantor's parking area existing upon said easement. . ) i , . Exhibit B Owner: Olson Building Partnership Property Address: 904 Mainstreet Hopkins, Minn. Easement 'Description: An electrical easement to construct, install, maintain and repair underground electrical telephone and cable facilities including wires, cables and conduits over, under, across and upon the following described property: The southerly 10 feet of Lot 5, Block 5, West Minneapolis. Grantor retains and reserves the right to use said easement for purposes not inconsistent with grantee's rights hereby granted including without limitation rights of access and vehicular parking except and to the extent that grantor shall not erect or construct any building or other structure upon said easement. . Grantee shall repair any damage caused to grantor's parking area existing upon said easement. . .~ ~ ,! . G". ? r:",; r;:~ ;~ f~,r"\) !"" .' , , , ' f :" I ~; rAA~ ;>1 ,," ~"'n9 1 11 lJ ~.! ) ~v~' -. M~HEK TAILORS & CLEANERS fI1I>";;'." " March 25, 1989 r::::-'-'" r-'" .-, -- ,- ,.... -, on! Mr Craig Rapp I') ,..., '" ,'; ,....' , '" ,. " .. , 1 11,.c" .1 . i Hopkins City Manager I,: : j 1010 First St. So. D; MAR 2 8 1989 L l Hopkins, Mn 55343 '~ 'm' ' --J,; ; L5' '-', "i'"i,,,: L:;) L-....J U -.do -..u..... Dear Craig, --------__________.o__~~_____ Due to the burying of the electric/telephone lines last fall the parking area behind my building is awash with mud. In add- ition the sub-structure of the entire 'parking lot is eroding and, with the increased truck traffic relative to the con- struction in the neighboring building, large cracks have appear- ed on the surface which means the entire parking lot will have to be resurfaced. I am contracting to have this work done but I am wondering if the cost is being covered by the City or do I send the bill to Ridgedale Electric? I will be contacting Mssrs. Steile, Martin and Ahl~trom to see if they want to . resurface their 'lots at the same time, and I presume the City will want to do their lot adjacent to mine. lam also considering purchasing the property immediately east of mine (Owens Realty building,formerly) with the intention of changing the parking configuration to increase available park- ing along this entire block and with an eye to redevelop' that property and the empty lot which I now own in the near future. However, foremost in my plans right now is correcting the problems in the parking area. I would appreciate any informa- tion you con give me as I do intend to begin paving the first week of April. Thank You. - ;,- . 916 MAIN STREET. HOPKINS, MINNESOTA 55343 . (612) 938-8052 . City of Hopkins Hennepin County, Minnesota Resolution No. 92-59 Resolution Making Findings Of Fact In support Of And Approving Preparation of Petition To Initiate Eminent Domain Proceedings WHEREAS, on October 21, 1988 the City entered into an agreement with a contractor to furnish and install underground electrical connections to certain i commercial buildings to improve and upgrade electrical I services and to improve the aesthetic appearance of same commercial buildings and sites ~long their common alley way, and WHEREAS, the City through its contractor undertook to perform the following project tasks without expense to the owners: 1- Pay all fees and installation costs for placement of trunk electric lines underground and to provide . all necessary transformer pads; 2. Extend to owner's buil4ing an underground service line and connecting it to the existing exterior electric service connnection by means of protective conduit affixed to the building; 3. Survey owner's building to determine if any appliances or equipment required voltages no longer supplied by NSP for underground service and if so to supply the necessary internal transformers; 4. Give 24 hours notice of the actual changeover time; 5. Restore private property, including parking lots, to equal or better condition as that at commencement of project; 6. Remove all overhead wiring and utility poles no longer in service or use at time of changeover; and WHEREAS, the City required and requested a 10 foot electrical utility easement along rear lot lines of the affected commercial buildings for the purpose of construction, installation, maintenance, and repair of electrical services, and WHEREAS, owners of property affected by the underground . utility project who have provided the necessary easements have done so at no charge to the City, and . " ,WHEREAS~ Council on June 16, 1992 ordered a public hearing and preparation ,of a resolution ordering and directing acquisition of a ten foot electrical utility easement by eminent domain on the basis of the following findings of fact: a) All project tasks were carried out by the City at no expense to the owners of property abutting the alleys south of Mainstreet between 9th and 11th Avenues south; b) The aesthe~ic appearance of the alleyways between 9th and 11th Avenues south of Mainstreet has been vastly improved through removal'of unsightly power poles and overhead wiring; c) In select cases not only were construction trenching areas in parking lots repaired, but entire parking lots were restored with a bituminous overlay; , d) The safety and welfare of the citizens has been enhanced, with the installation of underground utilities; . e) Removal of overhead wiring, a system subject to extreme weather elements, has been removed and thus more reliable electric service is being supplied; f) Underground trunk conduit is in fact in place on properties at 904 and 916 Mainstreet without benefit of a utility easement and that taking of the easement is necessary and in fulfillment of publicuseage; ~OW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that the City Attorney commence eminent domain proceedings to acquire the property described on the attached exhibits "A" and "B" from the record owners, Jerry C. Mashek/Gerald J. Mashek and the Olson Building Partnership in accordance with M.S. 465. Ole > ./' . .. Adopted by the city council of the city of Hopkins this 7th day of July, 1992. Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk . . , '.