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Home My WebLink About15.C.2.BB. Weinandt Acres 1st Street Reconstruction, 2004-1-Res. No. 6064 J6:c.:1.. kb CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Approving Plans and Ordering Advertisement for Bids for the Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1 DATE: June 15, 2004 INTRODUCTION: Attached is Resolution No. 6064, which approves the plans and specifications and authorizes staff to advertise for bids for the Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1. BACKGROUND: On December 16, 2003, City Council ordered the preparation of a feasibility report to analyze the reconstruction of streets in Weinandt Acres 1 st Addition. On March 1, 2004, Council did receive a report and called for a public hearing on the Weinandt Acres 1 st Addition Street Reconstruction Project by adopting Resolution No. 6023. On April 6, 2004, a public hearing was held on the Weinandt Acres 1 st Addition Street Reconstruction Project and this hearing was closed and Council directed staff to meet with the residents of Weinandt Acres 1st Addition and the adjoining property owners, Brian and Julie Welch, to resolve the blanket easement issue on their property before considering the project. On May 4, 2004, Resolution No. 6032, ordering the improvement project and the preparation of plans and specifications for Weinandt Acres Street Reconstruction was adopted by the City Council with the project to proceed with the design. Council also directed staff to work on a release of drainage easement for the Weinandt Acre property owners and a drainage agreement between the Welch's and the City of Shakopee for the drainage from Weinandt Acres 1 st Addition. At the writing of this memo, the agreement between the Welch's and the City has been executed by the Welch's and is attached for Council review. Also received are all executed drainage releases from Weinandt Acres property owners, which are being reviewed by the City Attorney for correctness. Attached is a summary of the property owners for the release of easement. Based on previous Council direction, which included an execution of a drainage agreement and release of the blanket easement by the Weinandt property owners, the City would then consider approving the design and order advertisement for bids for this project, which is the action being requested by Resolution No. 6064. It is staff s intent to request plan approval and authorize advertisement for bid and have Council consider the bid at its July 19, 2004 City Council meeting, in order to begin construction for the project to be completed this year. Staff is intending on bidding this project with the Valley View Road improvement project for better volume pricing. ALTERNATIVES: 1. Adopt Resolution No. 6064, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1. 2. Deny Resolution No. 6064. 3. Authorize the appropriate City officials to execute the easement agreement between the City of Shakopee and Brian and Julie Welch. 4. Do not execute the easement agreement between the City and the Welch's. 5. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1 and No.3, to approve plans and specifications in order to proceed with this project and to execute the easement agreement between Brian and Julie Welch and the City of Shakopee to remove the blanket easement on their property. ACTION REQUESTED: 1. Offer Resolution No. 6066, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Weinandt Acres 1st Addition Street Reconstruction, Project No. 2004-1, and move its adoption. 2. Authorize the appropriate City officials to execute the easement agreement between the City of Shako pee and Brian and Julie Welch. / BUpmp ENGRl2004PROJECTlWEINANDTACRE/WORD/MEM6064 RESOLUTION NO. 6064 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Weinandt Acres 1st Addition Street Reconstruction Project No. 2004-1 WHEREAS, pursuant to Resolution No. 6032 adopted by City Council on May 4, 2004, Bruce Loney, Public Works Director has prepared plans and specifications for improvements to the Weinandt Acres 1 st Addition Street Reconstruction and any appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2004. Mayor of the City of Shako pee ATTEST: City Clerk ENGRl2004PROJECT/2004PROJECT/WEINANDT ACRES/WORD/RES6064 This space reserved for recording purposes EASEMENT AGREEMENT This Agreement is entered into as of , 2004, by and between the City of Shakopee ("City"), and Brian Welch and Julie Welch, husband and wife, ("Welches"). RECITALS A. The Welches are the owners of a parcel of land ("Property") located near the intersection of County Road 42 and County Road 17 (Marschall Road) in the City. The legal description of the Property is attached as Exhibit A and a schematic drawing of the Property is attached as Exhibit B. B. The Property's tax parcel identification number is 27-919010:-0. The Property is currently vacant. C. A blanket drainage easement ("Blanket Easement") dated September 10, 1980, which was recorded on September 16, 1980 as Document No. 177504 in the Office of the Scott County Recorder, encumbers the Property. The Blanket Easement runs in favor of the City and the owners of property in the Weinandt Acres plat, which is located south of the Property immediately across 29th Avenue. D. The City has undertaken a street reconstruction project in the vicinity of the Property known as City Project No. 2004- ("Project"). The Project consists of the reconstruction of 29th Avenue, which runs in an East-West direction and borders the Property on the South and Weinandt Acres on the North. E. The Welches have asked the City to vacate the Blanket Easement and to assist them in obtaining a release of the Blanket Easement from the property owners in Weinandt Acres. The City is willing to cooperate with both of those requests. JJT-246665v3 SH 155-143 I F. The WeIches and the City desire to enter into this Agreement to set forth the obligations of the respective parties with respect to the vacation of the Blanket Easement, the granting of a new easement for drainage and storm water utility purposes in favor of the City across the Property, and the release and vacation of the Blanket Easement. TERMS OF AGREEMENT Now therefore in consideration of the mutual covenants and conditions set forth in this Agreement, and for other good and valuable consideration, receipt of which is acknowledged by both parties, the City and the WeIches agree as follows: 1. Incorporation of Recitals. The Recitals are true and correct and are incorporated by reference into this Agreement. 2. Drainage and Storm water Utility Easement. The Welches grant and convey to the City a non-exclusive easement for drainage and storm water utility purposes over, under, across and through those portions of the Property described on the attached Exhibit C. The easement includes the right of the City, its contractors, agents, and employees to enter the easement area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the surface water ' drainage way, as well as any storm water drainage facilities located in the easement area. The easement granted in this Agreement includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easements or facilities of the City, its successors or assigns. 3. Termination/Modification of Easement. If the Property is subdivided, the Welches may request that the City terminate or modify the location of the Easement granted in this Agreement. The City agrees to terminate or modify the Easement if the City reasonably determines that the Easement is no longer needed because other easements granted to the City as part of the subdivision of the Property adequately address the City's surface and storm water drainage needs. 4. Indemnification and Hold Harmless. The Welches agree to defend, indemnify and hold the City harmless from any and all claims against the City arising out any actions by the Welches on their Property that affect surface water drainage :from Weinandt Acres. This indemnification and hold harmless provision relates only to acts by the Welches and not to acts of God or acts beyond the control of the Welches. S. Warranty of Title. The Welches warrant that they are the owners of the Property and that they have the right, title and capacity to convey to the City the easement described in this Agreement. 6. VacationlRelease of Blanket Easement. The following are conditions precedent to the obligation of the Welches contained in this Agreement: JJr-246665v3 SH155-143 a. The City must vacate the Blanket Easement after complying with the necessary legal requirements; and b. All of the property owners in Weinandt Acres who are beneficiaries of the Blanket Easement must release their interest in the Blanket Easement. 7. Restoration. After the Project has been constructed, the City will return any portion of the Property disturbed by the construction to the condition that existed prior to the construction. The City will replace any existing improvements, including but not limited to trees, shrubs, sod and landscaping and repair damage to the Property that occurred during construction of the Project in accordance with ordinary City policies. 8. Binding Agreement. The easements, covenants, waivers and agreements contained in the Agreement shall run with the Property and shall bind future owners of the Property and the heirs, successors and assigns of the Welches arid the City. It is the intent of the City and the Welches that this Agreement be recorded as a part of the land records of Scott County, Minnesota. [remainder of this page left blank intentionally] JJT-246665v3 SH155-143 CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2004. by John Schmitt, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. Notary Public, My Commission Expires: .d~' Brian Welch ~vJ~ . lie Welch STATE OF J\1INNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this J/-{J day of V~)} :200,V , Brian Welch and Julie Wetch, husband and wife. THIS INSTRUMENT DRAFTED BY: .,......fJ'...."...."H.A.~..,...,,#:jt:...,j&..,."'^..~. Kennedy & Graven, Chartered (JJT) Ie JUDmlS.CQX I ;:j!, NOTARY PUBUC-MlNNESOTA 200 South Sixth Street ~";:,,il MY COMMISSION EXPIRES 1-31.2005 470 Pillsbury Center IIl~NVVV. Minneapolis, MN 55402 JJT-246665v3 SH155-143 EXHffiIT A Legal Description of Welch Property The Southeast Quarter (SE 14) of the Southeast Quarter (SE 14) and that part of Government Lot I, Section 19, Township 115, Range 22, Scott County, Minnesota, excepting therefrom the West 200 feet of said Government Lot 1; And excepting therefrom Lot 1, Block 1 ofBoldts Acres. Subject to all easements and right-of-ways of record. i CAH-245212v2 5 EXHffiIT B Schematic Drawing of Welch Property . ~. . -." . - - .' ..... ".' ~.. 1';15 151,:; (&1'.; ~115 \1l1~ 1915 < 1~ t2'lB 11>l\ l.:a'~ ,~ _. ~ 25.'l5 Acre.!> ,~ ~ -- Zt$7 - i:.?Nf '.',,"r.. .. ,- -"'--"=1" j ! This draw in II is neither a legally re1.';orded map nor a ,>.,~ ! .~ I survey and is not intended to be used as one. This i /Scott .\ drawing is a compilation of records, information, and I i data focated in various city, county, and state offices, J and other Sources affecting the area shOWn, and is to be I '" j 1 ;j '.' fI used for reference p.urposes oniy, Scott County is not , w~h responsible for any inaccurar.!e~ herejn contained. 1f I j t J discr.ape:>ncies are found, pl..a." contact the Scott ,-. L, ~ County Surveyo.rs. office. I ~ May 25, 2004 I I I i ~~J:.."~,;.,..~..,~::.(,)._~~ I In -':-:"';;:o;3'"""..a.",,,~~~'w..,,';.~~ ~ ...I..~ .,.....1_ -.. ......,...$l.,.""'ar.:-_-:::==:=-~~ .~ . I ---1 "-- IllaOl:l'V'" l. '" '~ "'~ -: I" -....,.. ~"" tUoJlII JJf -246665y3 SH155-143 EXHffiIT C Legal Description of Drainage and Storm water Utility Easement The southerly fifty feet of that portion of the Property lying between Marschall Road South (County Road 17) and the westerly terminus of the right of way for 29th Avenue, and the southerly ten feet of that portion of the Property lying easterly of the westerly terminus of the right of way for 29th Avenue. JJT-246665v4 SH155-143 RELEASE OF EASEMENT FOR VALUABLE CONSIDERATION, the following fee owners of their perspective property release, discharge, and terminate any interest they have in the easement created by the document entitled Grant of Easement filed September 16, 1980 as Document No. 177504 in the Office of the County Recorder, Scott County, Minnesota. Fee Owner(s) Lel!al Description Stephen P. Zastrow and Colleen E. Zastrow, Lot 1, Block 1, WeinandtAcres 1st Addition husband and wife Vincent L. Heinz, a single person Lot 2, Block 1, Weinandt Acres 1 st Addition John C. Mooney and Sandra A. Mooney, Lot 3, Block 1, WeinandtAcres 1st Addition husband and wife Mark A. LaBarbera and Carla M. LaBarbera, Lot 4, Block 1, Weinandt Acres 1 st Addition husband and wife David A. Flattem and Lynn A. Flattem, husband Lot 5, Block 1, WeinandtAcres 1st Addition and wife Donald M. Lego and Carol J. Lego, husband and Lot 6, Block 1, Weinandt Acres 1 st Addition wife Gerard C. Neville and Julie A. Neville, husband Lot 7, Block 1, Weinandt Acres 1 st Addition and wife Hubert J. Hommer and Linda K. Hommer, Lot 8, Block 1, Weinandt Acres 1 st Addition husband and wife Lillian A. Weinandt Trust TBD - will be remaining portion of Lot 9 JJT-247229v2 SH155-143 Mark C. Mueller and Kim E. Mueller, husband Lot 10, Block 1, Weinandt Acres 1 st Addition, and wife Scott County, Minnesota, according to the recorded plat thereof, together with that part of Lot 9 of said Block I, lying south of the following described line: Commencing at the southeast corner of said Lot 9, said corner being on the right of way line of Maxine Circle; thence South 58 degrees 00 minutes 00 seconds West, along the southwesterly line of said Lot 9, 151.17 feet; thence North 89 degrees 36 minutes 01 seconds West, 123.79 feet to the point of beginning of the line to be described; thence North 71 degrees 30 minutes 00 seconds West, 315.00 feet; thence North 54 degrees 15 minutes 00 seconds West, 24.27 feet to a point on the survey line distant 112.24 feet northerly of the south line of said Lot 9; thence continuing North 54 degrees 15 minutes 00 seconds West, a distance of 127 feet more or less to the high water mark on the shoreline of O'Dowd Lake and said line there terminating. Thomas P. Pepel and Helen Pepel, husband and Lot 11, Block 1, Weinandt Acres 1 st Addition wife Barbara A. McClard and Shawn P. McClard, Lot 12, Block 1, Weinandt Acres 1st Addition wife and husband Gerard A. Lieser and Pamela K. Lieser, husband Lot 1, Block 2, Weinandt Acres 1 st Addition and wife Wade A. Kranz and Amy C. Kranz, husband and Lot 2, Block 2, Weinandt Acres 1 st Addition wife Sophal N. Nhep and Tevy C. Nhep, husband and Lot 3, Block 2, Weinandt Acres 1 st Addition. wife Lawrence E. Aszmann, a single person Lot 1, Block 1, Weinandt Acres 2M Addition Jeffrey G. Finley and Michelle Finley, husband Lot I, Block I, WeinandtAcres 2nd Addition and wife Steven M. Swam and Joann M. Swam, husband Lot 2, Block 1, Weinandt Acres 2nd Addition and wife David M. Born and Terri A. Born, husband.and Lot 3, Block 1, Weinandt Acres 2nd Addition wife Manstrom, Dale R., a single person Lot 1, Block 2,Weinandt Acres 2nd Addition Roy A. Buro and Vicki L. Buro, husband and Lot 2, Block2, Weinandt Acres 200 Addition wife Tirmatic Singh and Jish Singh, husband and Lot 3, Block 2, Weinandt Acres 2nd Addition wife Richard A. Wamsley and Catherine L. Lot 4, Block 2, Weinandt Acres 2nd Addition Wamsley, husband and wife JJT-247229v2 SH155-143 Lothar F. Klinkhardt and Elwira Klinkhardt, Lot 5, Block 2, Weinandt Acres 2m! Addition husband and wife Brent J. Jacobson and Christie A. Jacobson, Lot 6, Block 2, Weinandt Acres 2no Addition husband and wife Barry R. Hobart and Kimberly C. Hobart, Lot 7, Block 2, Weinandt Acres 2no Addition husband and wife Carole M. Aszmann, as Trustee of the Qualified Lot 8, Block 2, Weinandt Acres 2m! Addition Personal Residence Trust of Carole M. \ Aszmann, under agreement dated October 18, 2002 Thomas H. Schneider and Emmagean G. Lot 9, Block 2, Weinandt Acres 2no Addition Schneider, husband and wife Harris L. Weinandt as Trustee of the Harris L. Lot 10, Block 2, Weinandt Acres 2no Addition Weinandt Trust U/AID November 16, 1990 Thomas T. Theisen and Marlene M. Theisen, Lot 11, Block 2, Weinandt Acres 2no Addition husband and wife Todd V. Bladow and Tammy L. Bladow, Lot 12, Block 2, Weinandt Acres 2no Addition husband and wife Joel S. Amevik and Audrey A. Arnevik, Lot 13, Block 2, Weinandt Acres 2nd Addition husband and wife Michael A. Lattery and Carolyn L. Lattery, Lot 14, Block 2, Weinandt Acres 2nd Addition husband and wife David A. Sweet and Debra M. Sweet, husband Lot 15, Block 2, Weinandt Acres 2na Addition and wife Clyde A. Stockey and Sally A. Stockey, husband Lot 16, Block 2, Weinandt Acres 2nd Addition and wife Seng H. Vann and Rumduol Vann, husband and Lot 1, Block 3, Weinandt Acres 2m! Addition wife Paul J. Specketer and Raquel J. Specketer, Lot 2, Block 3, Weinandt Acres 2no Addition husband and wife Patrick W. Blood and Nancy L. Blood, husband Lot 3, Block 3, Weinandt Acres 2no Addition and wife Robert C. Mitchell and Bonita K. Mitchell, Lot 4, Block 3, Weinandt Acres 2m! Addition husband and wife Cindy Kay DuffY, a single person Lot 5, Block 3, Weinandt Acres 2m! Addition This document drafted by: Kennedy & Graven, Chartered (JJT) 470 Pillsbury Center Minneapolis, MN 55402 JJT-247229v2 SH155-143 SIGNATURE PAGE -,- STATE OF MINNESOTA ) 7 ) 55 COUNTY OF /~ ) The furegoing instrument was acknowledged before me this!...... day OrA--2OO4 by Clyde A. Stockeyand Sally A. Stockey. husband and wife. . . . ~cf-~ - Notary Public Q lJWAN A WElNANDT . NOTARY PUBUC 4 '.~, MINNESOTA MY COMMISSIONfXPLltES JAN. 31. 2005 ........ J./T-247229v2 SH\55-143