HomeMy WebLinkAbout4.B.1. Approval of Joint Powers Agreement for Right-of-Way Acquisition with Scott County on CR 17 and Valley View Road Projects CITY OF SHAKOPEE
9. S . 1.
Memorandum
TO: Mayor & City Council CONSENT
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Scott County Joint Power Agreement for Right of Way Acquisition for the Valley
View Road Project.
DATE: July 2, 2012
INTRODUCTION:
Staff is requesting approval of a Joint Powers Agreement with Scott County with assistance in
Right of Way acquisition associated with the Valley View Road and CSAH 17 project.
BACKGROUND:
On April 17, 2012 City Council adapted Resolution No. 7189, a resolution ordering the
improvement and the preparation of plans and specifications for the Valley View Road
improvement project, project no. 2012 -7. Associated with this project is right -of -way acquisition
that will be needed for the Valley View Road project as well as the County State Aid Highway
17 project.
The County is currently underway with right -of -way acquisition on the same parcels in which the
City needs right -of -way along Valley View Road. It would be the most efficient from a cost
standpoint and a timeline to have the County do the right -of -way acquisition process for the City.
In order for the County to assist the City in right -of -way acquisition a joint powers agreement for
right -of —way acquisition needs to be executed.
Attached to this memorandum is a Joint Powers Agreement (JPA) for the right -of -way
acquisition that would allow the County to proceed in assisting the City in obtaining the right -of-
way for Valley View Road. Also the JPA describes how the costs will be apportion to the County
and the City for each parcel.
ALTERNATIVES:
1. Authorize the appropriate City Officials to execute the Joint Powers Agreement with
Scott County for the Right -of -Way Acquisition associated with the Valley View Road
Improvement Project, Project No. 2012 -7.
2. Do not authorize the appropriate City Officials to execute the Joint Powers Agreement
with Scott County for Right -of -Way Acquisition associated with the Valley View Road
Improvement Project, Project No. 2012 -7.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No. 1 authorize appropriate City Officials to execute the
Joint Powers Agreement with Scott County for the Right -of -Way Acquisition associated with the
Valley View Road Improvement Project, Project No. 2012 -7.
ACTION REQUESTED:
1. Authorize the appropriate City Officials to execute the Joint Powers Agreement with
Scott County for the Right -of -Way Acquisition associated with the Valley View Road
Improvement Project, Project No. 2012 -7.
Bruce Loney, P.11
Public Works Dir-ctor
ENOR2012- PROJECTS Council JPAcountyRO W ValleyViewRd
JOINT POWERS AGREEMENT
THIS AGREEMENT made and entered into as of this day of
, 2012, pursuant to Minn. Stat. § 471.59, by and between the County of
Scott, a politic and body corporate under the laws of the State of Minnesota, (hereinafter
referred to as the "County "), and the City of Shakopee, a municipal corporation under the
laws of the State of Minnesota, (hereinafter referred to as the "City "),
WITNESSETH:
WHEREAS, the County is planning to reconstruct segments of County Highway
Nos. 17 & 78 under its Project CP 17 -31, (hereinafter referred to as "Highway Project"),
which includes operational, capacity and safety improvements for safety of the traveling
public;
WHEREAS, the City is planning a city street on new alignment under its Project
2012 -7, (hereinafter referred to as "Street Project"), which is consistent with its
transportation planning under its comprehensive plans that will intersect with County
Highway No. 17;
WHEREAS, the City is planning its construction for the Street Project to occur
concurrently with the Highway Project, as public improvements within its municipal
boundaries;
WHEREAS, the Highway Project requires acquisition of new right -of -way by
easements or in fee and by temporary easements for construction purposes from abutting
private real property;
WHEREAS, the Street Project requires acquisition of new right -of -way by
easements or in fee and by temporary easements for construction purposes from abutting
private real property;
WHEREAS, the Highway Project and the Street Project are adjacent to each other
within the municipal boundaries of the City;
WHEREAS, the property on which right -of -way by easements or in fee must be
acquired for the Highway Project and for the Street Project are on same abutting private
real property;
WHEREAS, the County has identified its right of way needs including additional
new right of way and temporary easements for construction purposes, which are
necessary for its Highway Project;
WHEREAS, the City has identified its right of way needs by new right of way in
fee or by easement and temporary easements for its Street Project;
(1)
WHEREAS, the right of way needs for both the Highway Project and the Street
Project are on private real property that involve three parcels referenced as Parcel No. 15;
Parcel No. 16; and Parcel No. 17, as referenced under the Highway Project and as shown
on individual parcel sketches attached hereto as Exhibit A, Exhibit B, and Exhibit C
respectively;
WHEREAS, the County and the City plan joint construction and use of the storm
water management systems, which will be constructed with either the Highway Project or
with the Street Project or for the City's future storm water management system needs;
WHEREAS, the County and the City have joint right of way needs for storm
water management on Parcel Nos. 3 & 4; Parcel No. 15; and Parcel No. 78 -15 as
referenced and shown under the Highway Project's construction plans; and
WHEREAS, the parties are entering into a Joint Powers Agreement in recognition
that it is efficient to coordinate the objectives of both parties to reduce cost and avoid
duplication of effort.
NOW THEREFORE, 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 Highway Project, the
County shall be the lead agency to acquire necessary right -of -way by easements
or in fee, including but not limited to by condemnation proceedings under the
right of eminent domain, the right of way acquisition for the Street Project and
also to acquire said additional easements that are required by the City, which are
outside of the limits of the Highway Project, on Parcel Nos. 15, Parcel No. 16,
and Parcel No. 17, as shown on the attached Exhibit "A ", Exhibit "B ", and
Exhibit "C ", respectively.
2) As part of the County's right -of -way acquisition for its Highway Project, the
County shall be the lead agency to acquire necessary rights for joint storm water
management system needs by easements or in fee, including but not limited to by
condemnation proceedings under the right of eminent domain, for the Street
Project on Parcel Nos. 3 & 4, Parcel No. 15, and Parcel No. 78 -15, based upon
drainage areas as shown and tabulated on the attached Exhibit "D" and as
allocated on attached Exhibit "E ".
3) The County and the City shall share right of way costs and expenses under the
prescribed process as set forth under the Uniform Act and applicable Minnesota
Statutes, including but not limited to by condemnation proceedings under the right
of eminent domain, as follows:
(a) Parcel Nos. 3 & 4:
(i) For acquisition of the land rights for Storm Water Pond 1 by in
fee or by easement, the County and the City shall share costs on
a basis of 83% and 17 %, respectively, based upon sub - watershed
(1)
drainage areas as shown and tabulated on the attached Exhibit
"D" and as allocated on attached the Exhibit "E ".
(ii) For Third Party fees, services and expenses, including any fees
paid or reimbursed under Minnesota Statutes, the County and the
City shall be share costs on a basis of 75% and 25 %,
respectively.
(b) Parcel No. 15:
(i) For the acquisition of New Right of Way in fee or by easement,
the County and the City shall share costs on a basis of 52% and
48 %, respectively, based upon the area of the new right of way
as shown and tabulated on the attached Exhibit "A ".
(ii) For acquisition of Temporary Easements for construction
purposes, the County and the City shall share costs on a basis of
92% and 8 %, respectively, based upon the areas of the temporary
easements as shown and tabulated on the attached Exhibit "A ".
(iii) For Damages, Severance Damages, and Cost to Cure Items, all of
whatsoever nature, the County and the City shall apportion costs
for individual items associated to each party's project.
(iv) For the acquisition of land rights for Storm Water Pond 3 by in
easement or by in fee, the County and the City shall share costs
on a basis of 39% and 61%, respectively, based upon sub -
watershed drainage areas as shown and tabulated on the attached
Exhibit "D" and as allocated on attached the Exhibit "E ".
(v) For Third Party fees, services and expenses, including any fees
paid or reimbursed under Minnesota Statutes, the County and the
City shall be share costs on a basis of 50% to each party.
(c) Parcel No. 16:
(i) For acquisition of New Right of Way in fee or by easement, the
County and the City shall share costs on a basis of 80% and 20 %,
respectively.
(ii) For acquisition of Temporary Easements for construction
purposes, the County and the City shall share costs on a basis of
52% and 48 %, respectively.
(iii) For Damages and for Severance Damages of whatsoever nature,
except for cost to cure item in Provision 3 (c) (iv) below, the
County and the City shall share costs on a basis of 80% and 20 %,
respectively.
(iv) For Cost to Cure Item to relocate garage doors in detached
garage, the County and the City shall share costs on a basis of
100% and 0 %, respectively,
(3)
(v) For Third Party fees, services and expenses, including any fees
paid or reimbursed under Minnesota Statutes, the County and the
City shall be share costs on a basis of 50% to each party.
(d) Parcel No. 17:
(i) For acquisition of New Right of Way in fee or by easement, the
County and the City shall share costs on a basis of 100% and 0 %,
respectively.
(ii) For acquisition of Temporary Easements for construction
purposes, the County and the City shall share costs on a basis of
58% and 42 %, respectively.
(iii) For Damages, Severance Damages and Cost to Cure Items, of
whatsoever nature, the County and the City shall share costs on a
basis of 100% and 0 %, respectively.
(iv) For Third Party fees, services and expenses, including any fees
paid or reimbursed under Minnesota Statutes, the County and the
City shall be share costs on a basis of 75% and 25 %,
respectively.
(e) Parcel No. 78 -15:
(i) For acquisition of the land rights for Storm Water Pond 2 by in
fee or by easement, the County and the City shall share costs on a
basis of 61% and 39 %, respectively, based upon sub - watershed
drainage areas as shown and tabulated on the attached Exhibit
"D" and as allocated on attached the Exhibit "E ".
(ii) For Third Party fees, services and expenses, including any fees
paid or reimbursed under Minnesota Statutes, the County and the
City shall be share costs on a basis of 50% to each party. .
4) The County and the City agree to prepare and file of record a Right of Way Plat(s)
for each party's project at each party's expense meeting applicable laws and
regulations. The match line between the County's and the City's Right of Way
Plats shall be as designated by the County's Surveyor's office. In the event that
the zoning or taxation authorities require additional surveys or plats, the parties
hereto agree to cooperate and share equally in the costs.
5) The County will advise the City of final agency valuation by appraisal prior to
written offers, in the event of a settlement by direct purchase, and in the event of
any award by condemnation proceedings. The County, as the acquiring agency,
shall determine a course of action for all matters under this Agreement. The City
agrees to reimburse its costs under this Agreement by paying the County within
30 days of the receipt of an invoice.
6) The County shall either assign and deliver to the City, by recordable deeds or
instruments, the City's new right of way in fee or by easement as shown on said
(4)
Parcel Nos. 15, 16 & 17 after the completion of all right of way acquisition
activities, including but not limited to any condemnation proceedings under the
right of eminent domain 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 shall file it in the Office of County Recorder for
Scott County, Minnesota.
7) This Agreement shall terminate on the date of filing of said recordable
instrument(s) 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.
8) This Agreement may be executed in one or more counterparts or in multiple
originals, either one of which is as valid as the other and when taken together
shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed, intending to be bound thereby.
CITY OF SHAKOPEE COUNTY OF SCOTT
By: By:
Brad Tabke, Mayor Thomas J. Wolf, Chair,
City of Shakopee Board of Commissioners
Dated: , 2012 Dated: , 2012
Attested to: Attested to:
By: By:
Mark McNeill Gary Shelton
City Administrator Administrator
Dated: , 2012 Dated: , 2012
Approved as to form: Approved as to form:
James Thomson Susan K. McNellis
Attorney for the City of Shakopee Asst. County Attorney
Dated: , 2012 Dated: , 2012
(5)
EXHIBIT A ,
S.A.P. NO. 70-617-022 C.P. NO. 17-31
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I J EXISTING RICHE OF WAY(R/W)
I I NEW RICHTOP WAY (R /W)
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_-1 IY R/WOVERAYLNG EX DEW EASE •W FROM MNA WERE ES
FRO C MAND LIMITS OF SOURCES.
(,__ I EX DRALN'nCE torture EASEMENT LEGEND THE NATIONAL WETLAND INVENTORY
1 NEW DRAINAGE & UTILITY EASEMFM MAP. AERIAL FLIGHT OF 7H14 PROJECT.
AND ANY SURVEYED DELINEATION OF
r 1 NEW RErAMIN'G WALL EASEMEYi SCALE WETLAND LIh1ITS
1 I TEMPORARY E,SEMENT(TE) 0 100 200 400 i
toInn.L. BnL.bwn Rn R I
1 _I . _ ___... - TE OVERLAYING E> DkU EASE 0 ,—EET) UMrcumberal - 0
(PARCA BOUNDARY
Within TE- 0
thin DELI I I1 WETLAND(004.FL) YiOUn New Et/W 0
0
- CONSTRUCTION LIMITS
—0 — EXISTING/COW. PLAN DESIGN
CrmL Ph" 0.,..(4 't J Area New 412 022400 .1... 0. UM! taw. 4.5 S.I. Ft: .4 :1.0540
Orvncr(s)e(Rn .4 Peed 0/4 5.J Unman. Pam1 N... DYU iA0 U
Parcel N. iS1 FL) 1SE FL) , IS} FL) baa40108 N. R., F E.). TS
Betasced. Inc. (County) 8&703 0 r...1.721 15 Beta seed, Inc. (City) 78,7_,7. 0 .K > , 11,639
TOTAL 1,757.2"3109,4621,647,761 163,463 1.461,300 78,311 0 C= yu ° '<r',140,
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EXHIBIT B
S.A.P. NO. 70-617-022 C.P. NO. 17-31
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1 EXISTING RIGHT OF WAY (R/W)
1 NEW RIGHT OF WAY (R /W)
.,. NEW R/W OVERLAYING EX. D&U EASE.
"WE1`LANDLIMI75WEREOBTAINED
FROM A COMBINATION OF SOURCES.
( fr2 1 EX. DRAINAGE & UITLICY EASEMENT LEGEND TI IE NATIONAL WETLAND INVENTORY
✓� MAP, AERIAL FLIGHT OF THIS PROJECT,
1 NEW DRAINAGE & U'flLITY EASEMENT
AND ANY SURVEYED DELINEATION OF
NEW RETAINING WALL EASEMENT SCALE WETLAND LIMITS.
1 TEMPORARY EASEMENT (TE) 0 30 60 120
_ TE OVERLAYING EX. D &U EASE. — Wetlands Breakdown (Sq. Ft)
( IN FELT) Unencumbered- 0
1 PARCEL BOUNDARY WithinTE - 0
1 r 4 WETLAND (0 Sq. Ft.) with in New / W - 0
CONSTRUCTION LINITIS
1 - - -- EXISTING /CONST. PLAN DESIGN
Gross Existing Parcel Area New R W 8,611 •. Ft. Remain D &U Ease 0 S, . Ft :,' = ` - TE 9,177 5 Ft
Const. Plan Owner(s) of Record Parcel R/W Before Unencum- S Parcel New D &U Ex. D &U
Parcel No (Sq. Ft.) (Sq. Ft.) (Sq. FL) bend R/W (Sq. Ft.) Ease. Ease'. New TE
Thompson, Kevin Miles (County) 6,261 0 0 .�' u ;".Y, 4,370
16 Thompson, Kevin Miles (City) 2,350 0 0 R `` 4,807
TOTAL 43,474 5,655 37,819 8,611 ; 29208 0 0 9, 177
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EXHIBIT C
S.A.P. NO. 70- 617 -022 C.P. NO. 17-31
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1 EXISTING RIGHT OF WAY (R /W)
NEW RIGHT OF WAY (R /Vt) ° WETLAND LIMITS WERE OBTAINED
'-* �. lc >r NEW R/W OVERLAYING EX. D &U EASE, FROM A COMBINATION OF SOURCES.
1 EX. DRAINAGE & UTILITY EASEMENT , LEGEND THE NATIONAL WEI LAND INVENTORY
1 NEW DRAINAGE & UTILITY EASEMENT LEGEND , ' AND ANY D DELINEATION OF
• -" NEW RETAINING WALL EASEMENT SCALE WETLAND MMUS.
' 'TEMPORARY FA',FMFNT ('TE) 0 50 100 200
Wetlands Breakdown (Sq. Ft,)
TE OVERLAYING EX. D &U EASE. Unencumbered - 0
PARCEL BOUNDARY (IN FLt t) Within'I'E - 0
Within D &U Ease. - 0
As WETLAND (0 Sq. Ft.) Within New R/ W - 0
CONSTRUCTION LIMITS
/ EXISTING /CONST. PLAN DESIGN
ew 't � ���� .» +�iif� ° ��
Coast. Plan • , • Y
Parcel No. -" ti�
: 3,752 1
TOTAL 115,887 7,339 18 1 100,517 i 1 ,' �? 8,935 '
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EXHIBIT E
ALLOCATION BASED UPON DRAINAGE AREAS
JOINT POWERS AGREEMENT
Pond 1
Subwatershed County City Total
(Acres) (Acres) (Acres)
CSAH 17 ROW 15.592 15.592
Subwatershed Area 1
City Area South & East 2.679 2.679
Subwatershed Area 1A
City Area East of CH 17 0.546 0.546
Subwatershed Area 1G
Pond 1 - Direct Area (1 ) 1.268 (83 %) 0.260 (17 %) 1.528
Subwatershed Area 1C
Total 16.860 3.485 20.346
County: 16.860 ac. / 20.345 ac. = 82.87% Round to 83%
City: 3.485 ac. / 20.345 ac. = 17.13% Round to 17%
Pond 2
Subwatershed County City Total
(Acres) (Acres) (Acres)
CSAH 78 ROW 5.185 5.185
Subwatershed Area 2
City Area - Marschall Farm
Subwatershed Area 2B 3.370 3.370
Pond 2 Direct Area 0.525 (61%) 0.335 (39 %) 0.860
Subwatershed Area 2A
Total 5.710 705 9.415
County: 5.710 ac. / 9.415 ac. = 60.65% Round to 61%
City: 3.705 ac. / 9.415 ac. = 39.35% Round to 39%
Pond 3
Subwatershed County City Total
(Acres) (Acres) (Acres)
CSAH 17 ROW 14.992 14.992
Subwatershed Area 3A
City Valley View Rd. West
Subwatershed Area 3B 1.355 1.355
City Valley View Rd. East 1.231 1.231
Subwatershed Area 3C
City - Betaseed 18.820 18.820
Subwatershed Area 3E
City - Marshall Farm 2.150 2.150
Subwatershed Area 3G
Pond 3 (1) 0.718 (39 %) 1.122 (61%) 1.840
Area 3D
Total 16.710 24.678 40.388,
County: 15.710 ac. / 40.388 ac. = 38.90% Round to 39%
City: 24.678 ac, / 40.388 ac. = 61.10% Round to 61