HomeMy WebLinkAbout9.b. County Road 38 Turnback AgreementAGENDA ITEM: County Road 38 Turnback Agreement
AGENDA SECTION:
New Business
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
AGENbkLM
ATTACHMENTS: Turnback Agreement, Exhibit
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APPROVED BY:
RECOMMENDED ACTION: Motion to enter into a Turnback Agreement with Dakota County for
County Road 38 between Trunk Highway 3 and Blaine Avenue and authorize the necessary signatures.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: June 21, 2005
ISSUE
EXECUTIVE SUMMARY
Consider approval of Turnback Agreement with Dakota County for County Road 38 between Trunk
Highway 3 and Blame Avenue.
BACKGROUND
As previously discussed, Dakota County approached the City of Rosemount in 2004 with their intention of revoking
County Road 38 between Trunk Highway 3 and Blaine Avenue and turning the road over to the City This
proposed revocation is based on the function of the road in the County's overall transportation system and
acknowledgement that the road functions primarily as a local collector road rather than a regional road
Through negotiations with Dakota County, the proposed Agreement includes a lump sum payment from Dakota
County to the City m the amount of $2,900,000 for costs associated with the future upgrade of County Road 38 As
previously noted, this amount will provide funding for approximately 55% of the proposed roadway improvements
between Trunk Highway 3 and Akron Avenue planned to be completed in 2006
For the segment of County Road 38 between Akron Avenue and Blame Avenue, there is no schedule at this time to
upgrade the road from gravel section Due to the limited potential for development along the north side of the
segment, it is anticipated that the road, when upgraded will be a 2 -lane rural section and a majority of the project
costs can be recovered through special assessments to adjacent properties.
Attached for Council consideration is a copy of the Turnback Agreement and exhibit that shows the section of
County Road 38 proposed to be turned back to the City The City Attorney has reviewed this Agreement
SUMMARY
Staff recommends Council approval of the attached Agreement.
G \ENGPROJ \Dakota County \CR38TumbackCC6 -21 -05 doc
AGREEMENT FOR
REVOCATION AND REVERSION OF
COUNTY ROAD 38
THIS AGREEMENT, made and entered into by and between the County of Dakota,
hereinafter referred to as the "County" and the City of Rosemount, hereinafter referred
to as the "City
WITNESSES THE FOLLOWING:
WHEREAS, Minn. Stat. Section 163.11, Subd. 5 and 9, authorize a county board to
revoke county road status by resolution of the county board and upon agreement with
the receiving jurisdictions; and
WHEREAS, the County Board has decided to revoke County Road status on that
portion of County Road 38 described below; and
WHEREAS, as a result of the revocation of County Road status the City will accept
jurisdiction and ownership over said road segment as described below; and
WHEREAS, the County and City desire to define the responsibilities and obligations that
will result from this road revocation.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Dakota County hereby revokes County Road status on that portion of County Road
38 in the City of Rosemount beginning at TH 3 in Section 20, Township 115N,
Range 19W in the City of Rosemount, and running easterly and southeasterly along
the established center line of County Road 38 and terminating at County State Aid
Highway 71 in Section 23, Township 115N, Range 19W in the City of Rosemount.
2. The City hereby accepts the transfer of jurisdiction and ownership and all
maintenance, repair and reconstruction responsibilities, as well as all traffic control
devices currently in place, for the designated road segment.
3. In consideration of the transfer of jurisdiction and ownership of this road segment,
the County agrees to pay to the City and the City agrees to accept from the County a
one -time payment of the sum of $2 9 Million Payment of said amount will be
tendered to the City upon final execution of this Agreement by the appropriate
officials for both parties.
4. No person engaged in work to be performed by the City shall be considered an
employee of the County. Any claims that anse under the Worker's Compensation
Act of this State on behalf of any City employee, while so engaged on any of the
Revocation and Reversion Agreement
County Road 38
April 5, 2005
work called for in this Agreement shall not be the obligation or responsibility of the
County.
5. Pursuant to Minnesota Statutes §16B.06, subd. 4, any books, records, documents
and accounting procedures and practices of the City and the County relevant to this
Agreement are subject to examination by the County and either the Legislative
Auditor or the State Auditor as appropriate. The City and County agree to maintain
these records for a period of six years from the date of performance of all services
covered in this agreement.
6. The entire and integrated agreement of the parties contained in this agreement shall
supersede all prior negotiations, representations or agreements between the City
and the County regarding jurisdiction and control over County Road 38 (between
Trunk Highway 3 and County State Aid Highway 71) whether written or oral.
2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
CITY OF ROSEMOUNT
AGREED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ROSEMOUNT THIS DAY OF 2005.
By By
City Clerk Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By By
County Engineer Chairman of the Board
By (SEAL)
Clerk to County Board
APPROVED AS TO FORM:
Assistant County Attorney
COUNTY BOARD RESOLUTION
No.: 05 -213 Date: May 3, 2005
Date