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Home My WebLink About6.j. Acquisition of Easements – 2012 Street Improvements Project, City Project 437 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: April 3, 2012 AGENDA ITEM: Acquisition of Easements — 2012 Street AGENDA SECTION: Improvements Project, City Project 437 Consent PREPARED BY: Andrew J. Brotzler, PE, Director of P lic AGENDA NO ( Works / City Engineer r ATTACHMENTS: Memorandum of Agreement; Map; Easement Exhibit APPROVED BY: 041) RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Easement and Bush Damage to Julie Palm as Recommended within the Executive Summary. BACKGROUND: As part of the 2012 Street Improvement Project, an 8 -foot bituminous trail is proposed along the north side of 145t Street from Shannon Parkway to Chippendale Avenue. To install the trail as proposed, a permanent trail easement is required through the property at 3535 145t Street West. Staff negotiated an agreement with the property owner that included a 6 -foot boulevard, maintenance of the boulevard and trail according to the City's quality and maintenance standards, replacement of bushes, and restoration items included within the trail project. An appraisal of the property was completed which valued the easement and damages to be $4040. Attached is a Memorandum of Agreement which further itemizes the easement settlement and compensation for damages to the bushes. Staff is requesting that Council authorize payment to Julie A. Palm as listed below: Parcel # /PID Name Address Amount 34 03010 - 20 - 010 Julie A. Palm 3535 145 Street West $5,980 SUMMARY: Staff is recommending that Council authorize the payment for permanent easement and bush damage as proposed in the above motion. G: \ENGPROJ \437 \20120403 CC AuthorizePaymentEasementAcquisition .doc MEMORANDUM OF AGREEMENT City of Rosemount 2012 Street Improvement Project City Project No.: 437 Parcel No.: 1 Fee Owner: Julie A. Palm On this day of , 2012, Julie A. Palm, a single person, Owner of the above described parcel of property located in the County of Dakota, State of Minnesota, did execute and deliver a conveyance of real estate to the City of Rosemount. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1. The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owner understands that the acquired property is for use in connection with the construction of the City of Rosemount 2012 Street Improvement Project. 2. The Owner understands and acknowledges that Agent for the City of Rosemount has no direct, indirect, present, or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3. That in full compensation for the conveyance of said property, the City of Rosemount shall pay the Owner the sum of Five Thousand, Nine Hundred Eighty and no /100 Dollars ($5,980.00) for easements and damages. Owner understands that final payment is contingent on approval by the Rosemount City Council. Specific information related to damages includes the following: a. Compensation for damages includes Owner replacement of all landscaping /bushes, if desired, that is damaged by the project. b. The City project will include the removal of bushes. c. The Owner shall complete replacement of landscaping /bushes after the City improvements are complete. d. All areas of the lawn disturbed during construction will be graded and restored with seed and hydromulch after construction is complete. 4. Additionally, the City of Rosemount agrees to the following: a. The City will remove the remaining bituminous on the southern portion of the driveway, replace it with concrete, and match it into the northern edge of the existing concrete driveway. See attached parcel sketch for reference. This work will be completed at the expense of the City. (approximate cost of $800 to $1,000). b. The City will provide temporary on- street parking on 145 Street or a temporary alternate driveway access while the new concrete driveway and apron is curing. c. The City will complete all winter trail maintenance, including snow removal, in accordance with the City's snow and ice control policy. d. The City will maintain and mow the six foot boulevard between the trail and 145 Street in accordance with the City's public works quality standards. e. The City will install a warning sign along the trail, west of the property owner's driveway. f. The City will repair the water service curb box to ensure operating condition. The Owner shall relocate the existing trees to allow excavation around the curb box. 5. In the event of a clerical error, Grantor, whether one or more, agree to cooperate in correcting the error including but not limited to resigning all documents. It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement document dated and that these documents and agreements include all oral agreements, representations, and negotiations between the parties. Date: By: Gregg A. Larson, Agent for the City of Rosemount Julie A. Palm, Grantor ACQUISITION AND COMPENSATION SUMMARY City of Rosemount 2012 Street Improvement Project City Project No.: 437 Parcel No.: 1 Tax PID: 34- 03010 -20 -010 Property Address: 3535 145 Street West, Rosemount, MN 55068 Fee Owner: Julie A. Palm Description of the property interests to be acquired: A permanent, non - exclusive easement for street, utility and drainage purposes over, under, across and through the south 32.00 feet of the Property. A permanent, non - exclusive easement for trail purposes over, under, across and through the north 8 feet of the south 40 feet of the Property. COMPENSATION SUMMARY Permanent Trail Easement: 720 sq. ft. @ $5.50 / sq. ft. _ $ 3,960 Damages to shrubs: _ $ 2,018 TOTAL (rounded to): _ $5,980 2012 Street Improvement Project ' ROSEMOUNt P alm Easement • : , .1. B Utill „wog 143RD, 'S.T W NA, 143R UPPER,' i 143RD 1 z < . 144T111 ST W ST . , ( --- " I% —harlie's Pari , ! ''''••....._.......} ..... ui , , . '146THI ST IA/ I— X • d oe IX V . P w z L. 147TH 1 ,11 - 1 , > ,6TH ST W w 'I< i ' LO H ST IN 147TH ST W ...... ....1 :z 1 ' 8TH ST W U. 147TH ST W Act (...) 148TH ST W , ._. 4 0 185 370 740 1,110 1,480 _3 Feet 1 March 2012 T:/GIS/City/Maps/Departmental Maps/Engineering/Chris/Location Map - 437 easements Palm X LOT 4 LOT 3 — LOT 5 C',gRRO 0 15 30 O' Y LOT 6 BLK. 1 s 1 Remove existing bituminous ' driveway and replace with concrete — 205' I 90.00' — LOT 1 in / z rn / / / / / / / / // dt r w ,- o JULIE A. PALM u 0 PID: 34- 03010 -20 -010 w Lo z = U 40.00 — cn w 8.00 c w L - Y`1 _ ■` .r- 1 4 o' . �i' no e 9., �� :ias l4Gi��- 7�i ?.� 2i 7. ►'' �p F( .1 - F 0 0 �° r ,. . ♦ ♦.♦♦♦♦♦♦♦.♦♦♦. ► , 145TH STREET W 25 ®.��•�•�• 26 +00 127+001 —I 32'00 SOUTH LINE OF SE 1/4 OF jc) NE 1/4 SEC. 30, T. 115, R. 19 :. - - - - - 1 PRESCRIPTIVE RIGHTS i.I 416. A. � a AREA = 2880 SF PROPOSED TRAIL EASEMENT AREA = 720 SF TOTAL = 3600 SF Prepared by: 2012 STREET IMPROVEMENTS Prepared for: Project No. 1916 -45 .1■„ Date: 02 -22 -2012 W B 701 Xenia Avenue South, Suite 300 EASEMENT EXHIBIT Minneapolis. MN 55416 www.w www.wsbeng.com " RO S EM OUNT ..,_,_ PARCEL 1 B3 NING °. NSTRUCTIOC ROSEMOUNT, MINNESOTA INFRASTRUCTURE ' ENGINEERING PLANNINGCONSTRUCTION