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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 Ai 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