HomeMy WebLinkAbout15.F.1. Calvary Cementary Access Road
15 ~ F L
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Calvary Cemetery Access Road
DATE: September 12, 2006
INTRODUCTION:
The Council is asked to approve a plan which would enter into an agreement with Robert
and Shona Pulk(2767 Hauer Trail), for the repaving of the Pulks' driveway, which serves
as an access to Calvary Cemetery.
BACKGROUND:
Last year, Peggy Philip, representing the Calvary Cemetery Association appeared before
the City Council requesting assistance in solving an access issue to Calvary Cemetery.
The Cemetery is located on C.R. 16, at the end of vacated Hauer Trail. In the early
1990's, the City vacated a portion of Hauer Trail and Jasper Road, adjacent to the
cemetery. The reason for that was because Jasper Road, being gravel, was a significant
maintenance problem, due to the steep grade upon which it was located. Notices of a
public hearing concerning the vacation were sent out. Apparently the Cemetery
Association was not represented at the public hearing, and the vacation was approved.
As provided for by law, one-half of the width of the vacated right-of-way went to each of
the adjacent property owners. During the ensuing years, the southerly half of Hauer Trail
was removed, and landscaping placed. However, the northerly half of Hauer Trail
remained as asphalt, and has served as a driveway for the Pulks.
That remaining asphalt has also served as the only practical paved access to the Calvary
Cemetery. Mr. Pulk has expressed concerns about liability issues, and ongoing
maintenance of the pavement. Meetings have been held with representatives ofthe
Cemetery Association, the City, and both affected neighbors including Phil Selenak on
the south side. Several alternative access possibiities have been explored by the City's
engineering department, but cost considerations and inability to physically make the
connection (for example, from CoR. 16 due to the severe grade) indicates that the only
viable access was from the vacated portion of Hauer Trail.
What has been negotiated is as follows:
1. The City will remove the paved portion of Hauer Trail, and replace it with
concrete. (Concrete rather than asphalt is needed to remedy the drainage
problems that have existed because ofthe flatness ofthe grade.)
2. Proper drainage to an existing catch basin will be provided.
3. The property owner will provide construction easements as needed at
no cost.
4. The Pulks (and successors) will agree to allow access for visitation and
maintenance purposes to the cemetery as it exists at the current time. Access
to any future expansion of the cemetery will need to be provided from a
different location.
5. No signage advertising this driveway as cemetery access, nor "No
Trespassing" signs will be placed.
6. Access will be provided from the vacated portion of Jasper Road to the
Cemetery gates, and for parking on cemetery-owned grounds for
approximately two cars.
7. The City will agree to defend and indemnify the Pulks in event of damages
resulting from the public's use ofthe easement over the Pulks' driveway, from
issues that are beyond the control ofthe Pulks.
8. The City will maintain the structural integrity of road; snow removal will be
done by the Pulks.
Also, the Calvary Cemetery Association has indicated by letter that it will make no claim
for the vacated portion of Jasper Road, so that that maybe utilized by the Pulks.
BUDGET IMPACT:
The estimated cost of this work is approximately $30,000, including surveying costs.
Design would be done over the winter, and quotes would be sought so that construction
could take place in the Spring, 2007.
This is not budgeted. The City would normally not be involved with solving an access
issue to a private concern. However, because the vacation action in the early 1990's
created to this situation, City involvement may be justified. It should further be noted
that while the $30,000 expenditure is something which was not anticipated, the removal
of Jasper Road as a fairly high maintenance segment of street has resulted in monetary
savings to the City in the years since it was removed.
Funding for this should come from the City Council's budget; an amendment would need
to be made to transfer money to that from the contingency fund. Note that the
contingency fund for 2006 had $50,000 in it for "unallocated" uses. None ofthose
dollars have been used to date.
RECOMMENDATION:
I recommend that the City Council direct City staffto finalize plans and specifications,
and to seek quotes for the r~construction ofthe vacated portion of Hauer Trail as
described, for Spring 2007 construction.
Further, it should authorize the appropriate City officials to enter into the agreement with
the Pulks.
RELATIONSHIP TO VISIONING:
Supports Goal D - "Vibrant, resilient and stable".
ACTION REQUIRED:
If the Council concurs, it should, by motion, direct the appropriate City officials to enter
into an agreement for the repaving of a vacated portion of Hauer Trail and Jasper Road
with Robert and Shona Pulk, 2767 Hauer Trail; and direct staffto finalize construction
plans and specification~, and seek quotes for spring 2007 construction.
J\)\Q'Wo(W
Mark McNeill
City Administrator
MM:th
RIGHT -OF-ENTRY AND VEHICULAR ACCESS EASEMENT
THIS RIGHT-OF-ENTRY AND VEHICULAR ACCESS EASEMENT is made
effective as of the execution date indicated below by Robert Pulk and Shona Pulk, husband and
wife, ("the Pulks") and the City of Shakopee ("City").
WHEREAS, the Pulks are the fee owners of real property .located in the City of
Shakopee, Scott County, Minnesota, legally described as:
("Pulk Property"); and
WHEREAS, a public road known as Hauer Trail was formerly located adjacent to the
Pulk Property;
WHEREAS, the City vacated the portion of Hauer Trail that was adjacentto the Pulk
Property;
WHEREAS, the vacated portion of Hauer Trail provided the only viable means for
vehicular and pedestrian access to a cemetery owned and operated by Catholic Cemeteries of
Shakopee;
WHEREAS, the City has requested that the Pulks grant the City a right of entry and
vehicular access easement so that members of the public can access the Cemetery; and
WHEREAS, the Pulks are willing to grant the City such an easement subject to the terms
and conditions inthis Agreement.
NOW, THEREFORE in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
1. The Pulks grant and convey to the City a right of entry and easement for vehicular
and pedestrian access over, through, and across the following portion ofthe Pulk Property:
("Easement Area").
2. m consideration for the Pulks granting the Easement, the City and the Pulks agree as
follows:
A. The City will replace the asphalt that is currently located in the vacated portion
of Hauer Trail with concrete and provide for proper drainage to the existing
catch basin in accordance with the construction plans dated , 2006.
B. The City will maintain the structural portion of the paved portions of the
Easement Area.
C. The Pulks will provide for snow removal in the paved portion of the easement
area as needed.
D. The City will not allow any signage referencing the cemetery in the Easement
Area. The Pulks may sign the area noting this as a "Private Driveway", but
shall not post signage reading "No Trespassing" or similar wording which might
act to deter legitimate visitors to the. cemetery.
E. The Pulks will provide the City with the necessary temporary construction
easements at no cost so that the City can perform the work required under this
Agreement.
3. The City agrees to indemnify, defend and hold harmless the Pulks from and
against any action, claim, damage, liability, loss, costs or expenses in connection with any claim
or liability arising our of the City's obligations under this Agreement.
4. This Agreement constitutes the entire agreement between the Pulks and the City
and there are no other agreements, either oral or written, between the Pulks and the City
concerning the subject matter of this Agreement.
5. The Pulks warrant they are the fee owners of the Pulk Property and have the
right, title and capacity to convey to the City the easement herein.
6. The terms and conditions of this instrument shall run with the land and be binding
on the Pulks and their heirs, successors and assigns.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be
executed on the date indicated below.
Dated: , 2006.
Robert Pulk
Shona Pulk
298752vl JJT SH155-23 2
CITY OF SHAKOPEE
Dated ,2006 By:
Its Mayor
By
Its City Clerk
By:
Its City Administrator
-./
STATE OF MINNESOTA
ss.:
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this _ day of
, 2006, by Robert Pulk and Shona Pulk, husband and wife, Grantors.
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA
sS.:
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this day of
, 2006, by John Schmitt, Judith S. Cox and Mark McNeill, the
mayor, city clerk and city administrator, respectively, of the City of Shakopee, a municipal
corporation under the laws of Minnesota, by and on behalf ofthe corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
200 South Sixth Street
298752vl JJT SH155-23 3
470 US Bank Plaza
Minneapolis, MN 55402
298752vl JJT SHl55-23 4
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