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HomeMy WebLinkAbout9A - Easement for CSAH 42 Impro ~ P RIO .:.. 02J"~~ ~ r-. ~ ...... ::-: v t"J MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: FINANCIAL IMPACT: CITY COUNCIL AGENDA REPORT FEBRUARY 3, 2003 9A SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL or II. RESOUH'18tl AllTIIQRIllt41!. IVIArOR AIIII;) CITY MJ'lIAOE:1t 1'6 EIlTER IIITO A JOINT POWERS AGREEMENT WITH SCOTT COUNTY FOR EASEMENT ACQUISITION FOR CSAH 42 TRUNK UTILITY IMPROVEMENTS (CITY PROJECT #02-01 ) HISTORY: As the City Council is aware, Scott County has been reconstructing CSAH 42 from east to west. Two segments remain to be improved. They are McKenna to 1707 feet west of CSAH 83 and from that point to CSAH 17. The County, City and SMSC have been working together to complete this project. Also included with this project are City trunk sanitary sewer and water main improvements. Improvements to CSAH 83 and CSAH 42 are underway. The City Council adopted Resolution 02-103 on June 24,2002, entering into a Cooperative Agreement with Scott County for construction of the improvements. CURRENT CIRCUMSTANCES: Additional drainage and utility easements and temporary construction easements are required from two parcels for the construction of sanitary sewer and water main. These easements are outside of the construction limits for the CSAH 42 roadway reconstruction. Although City staff had identified the need for these easements earlier in the process, Scott County did not want to contact the property owners until all outstanding design issues had been addressed and the necessity for the easements finalized. The Joint Powers Agreement allows the County to acquire the easements on behalf of the City. The City will reimburse the County for 100% of the right of way acquisition costs associated with the drainage and utility easements and 15% of the cost associated with the temporary easements. The estimated cost of the easements is $10,000 (see the attached FAX for a detailed cost breakdown) to be paid from the City's Trunk Reserve fund. 162Q,Q~i'~ Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: The alternatives are as follows: 1. Authorize the Mayor and City Manager to execute the Joint Powers Agreement for easement acquisition. 2. Table this item for a specific reason. 3. Deny this agenda item for a specific reason. RECOMMENDATION: Approve Alternative NO.1. ACTION REQUIRED: Motion and second to authorize the Mayor and City Manager to execute the Joint Power Agreement. 42rowjpa JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into this day of , 2003, pursuant to Minn. Stat. S 471.59, by and between the County of Scott, (hereinafter referred to as the "County"), and the City of Prior Lake (hereinafter referred to as the "City"), bodies corporate and politic existing under the laws of the State of Minnesota. WITNESSETH: WHEREAS, the County has determined to reconstruct segments of CSAH 42 and CSAH 83, which includes capacity and safety improvements for safety of the traveling public, as four- lane county highways under Project SAP 70-642-013 and Project SAP 70-683-002, respectively; WHEREAS, the County must acquire the necessary right-of-way by easements or in fee from abutting parcels for its projects to reconstruct CSAH 42 and CSAH 83 as four-lane county highways; WHEREAS, the County's projects are located within the municipal boundaries of the City; WHEREAS, the City has determined to construct trunk watermain and trunk sanitary sewer lines in conjunction with the County's projects, as public improvements within its municipal boundaries, under its Project 02-01, Part B; WHEREAS, the locations of the County's projects and the City's project are adjacent; WHEREAS, the parcels on which right-of-way by easements or in fee must be acquired for the reconstruction of said county highways under the County's projects and for the construction of said trunk watermain and trunk sanitary sewer lines under the City's project are held by the same abutting property owners; WHEREAS, the City has identified that additional perpetual easements for drainage and utility purposes and temporary easements for construction purposes are necessary for its project, which are outside of the County's project limits, to execute the City's plan under its project to construct trunk watermain and trunk sanitary sewer lines on parcels identified as Parcel No. 16 and Parcel No. 17 under the County's Project SAP 70-642-0013, as shown on individual parcel sketches attached hereto as Exhibit A and Exhibit B, respectively, and WHEREAS, the parties have entered into a Construction Cooperative Agreement in recognition that it is efficient to coordinate the objectives of both parties to reduce cost and avoid duplication of effort. NOW THEREF,oRE, in consideration of the mutual promises and agreements contained herein, the parties hereby agree as follows: 1. As part of the County's right-of-way acquisition for its Projects SAP 70-642-013 and SAP 70-683-002, the County shaIl acquire necessary right-of-way by easements or in fee, including but not limited to by eminent domain proceedings, for the City to construct its trunk watermain and trunk sanitary sewer lines within the project limits of the County's project and also to acquire said additional easements that are required by the City, which (I) are outside of the County's project limits, on Parcel No. 16 and Parcel No. 17, as shown on the attached Exhibit "A" and Exhibit "B," respectively. 2. The City shaIl reimburse the County for 100% of the right of way acqUIsitIOn costs associated with the City's perpetual easements for drainage and utility purposes and for 15% of the right of way acquisition costs associated with the temporary easements for construction purposes on said Parcel Nos. 16 and 17 acquired pursuant to this Agreement and pursuant to the Construction Cooperative Agreement for Projects SAP 70-642-013 and SAP 70-683-002 entered into by the parties. 3. The County shaIl assign and deliver to the City, by a recordable instrument, the City's perpetual easements for drainage and utility purposes as shown on said Parcel Nos. 16 and 17 after the completion of all right of way acquisition activities, including but not limited to any eminent domain proceedings and upon the City's reimbursement of right- of-way acquisition costs as provided herein. Upon delivery and acceptance of said recordable instrument, the City shaIl file it in the Office of County Recorder for Scott County, Minnesota. 4. This agreement shaIl terminate on the date of filing of said recordable instrument in the Office of County Recorder for Scott County, Minnesota and that such termination is conditional upon the completion of all mutual promises and agreements contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, intending to be bound thereby. CITY OF PRIOR LAKE COUNTY OF SCOTT By: By: Jack G. Haugan, Mayor Jon Ulrich, Chair, Scott County Board of Commissioners Dated: ,2003 Dated: ,2003 Attested to: Attested to: By: By: David J. Unmacht Scott County Administrator Frank Boyles Prior Lake City Manager Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: Suesan Lea Pace Attorney for the City of Prior Lake Susan K. McNellis Scott County Asst. 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EASEMENT i RAPHIC SCALE 50 100 200 -DRAINAGE & UTILITY EASEMENT o - TEMPORARY CONSTRUCTION EASE ENT PROJECT: S.A.P. 70-642-13 PARCEL 42-17 DATE: OCTOBER, 2002 01/~S/2003 Tt~ 13:0; FAX 95~496S365 SCOTT COUNTY PlmLIC WORK I4I 001 rsiiott Scort County Public Works Highway and Surveyor 600 Country Trail Easr Jordan, MN 55352 FAX Date: January 28, 2003 Number of pages (including Cover sheet) 4 To: Susan McDermott,.P. E. From: W. Randy Ronning Company: City of Prior Lake Company: Scott Counry Department: Engineering Division I Dept. Public Works I Highway Phone: (952) 447-9890 Phone: (952) 490-8364 Fax phone: (952) 447-4263 Fax phone: (952) 496-8365 C: E-Mail: rronni ng@co.scott.mn.us REMARKS: o Urgent o For your review 0 Reply ASAP o Please comment Sue, per our conversation, faxed herewith are copies of the appraiser's summary and certification of appraised estimated market value (MV) as of December 12, 2002 for Parcel No. 16 and Parcel No. 17, which is $7.620 and $15,190, respectively. Also, faxed herewith Is a copy of the appraiser's Invoice In the sum of $2,100 for completing and delivering updated appraisals, which includes the City's RN.J needs, on the above two properties. An allocation of estimated direct right-of-way acquisition costs only per a proposed Joint Powers Agreement follows; Parcel No 16: $3,200 est. MV is for City's D&U Esmt., $1,430 est. MV for TCE x 15% = $214.50 for City's portion of est. MV for TeEs and $2,990 est. tree damages x 15% = $448.50 for City's portion of est. damages to trees, which totals an estimate of approxImately $3,900. Proration of allocated appraisal fees of 50% to each property based upon ($3,900/ $7,620) or a 51/49 split between the City and County, respectively equals $561 for the City's portion. The City's estimated right of way acquisition costs based upon aporaised estimated market value equals apprOJ<imatelv (rounded) $4.500. Parcel No 17: $7,400 est. MV for D & U Esmts. of 0.109 acres in area with a breakdown being County's D&U Esmt. = 0.051 acres and City's D&U Esmt. = 0.058 acres. City's portion of est. MV for D&U Esmts. is 0.058 ac. / 0.109 ac. x $7,400 = approximately $3,950. $2.520 est. MV for TCE x 15% = $378 for City's portion of est. MV for TCEs and $5,270 est. damages to trees x 15% = $790.50 for City's portion of est. damages to trees, which Iota Is an estimate of approximately $5.120. Proration of allocated appraisal fees of 50% to each property based upon ($5,120/ $15,190) or a 34/66 split between the City and the County equals $374 for the City's portion. The City's estimated right pf way acquisition cosls bRsed upon apPraised !>stimated market value equals aoproximatelv (roundedl $5 500. Please note that the above estimated right of way acquisition costs for the City's portion is based upon the appr13iser's estimate of market value. The estimates are subjecllo change by negotiated settlement, condemnation proceedings. etc. If you have any questions, please advise.