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Home My WebLink About6.a. Dakota County Road 38, Turnback Agreement � : � CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETfNG DATE: August 16, 1994 AGENDA ITEM: Dakota County Road 38, Turnback AGENDA SECTION: Agreement New Business PREPARED BY: Bud Osmundson �'�� AGENDA �� City Engineer/Public Works Director F � # ;�� ATTACHMENTS: Agreement; Map; Letter APPROVED �..�/ The Dakota County Board of Commissioners has passed a resolution revokiflg County Road status on County Road 38 from Blaine Avenue (County Road 71) to CSAH 42 within the City of Rosemount. What this means is that this roadway becomes the City of Rosemount's responsibility for perpetuity. The County Highway Department has agreed to construct a bituminous overlay along the entire length and repair many items as addressed in the July 28, 1994 letter to Dave Everds, the County Engineer. The County Highway Department Maintenance personnel and myself reviewed the roadway on August 11, 1994 and they agreed to the items as described in the letter. This has some implications in that it does add to our City system approximately 3.25 miles. This will increase the amount of State Aid we receive for construction and maintenance of roadways each year in the future. With the overlay of the roadway and the small traffic volumes, the roadway should not require extensive maintenance except for snowplowing for the next ten years. The additional snowplowing is a major concern. Staff recommends that the appropriate signatures be placed on the Agreement with Dakota County. RECOMMENDED ACTION: MOTION TO ACCEPT THE AGREEMENT WITH DAKOTA COUNTY FOR THE TURNBACK OF COUNTY ROAD 38 FROM BLAINE AVENUE (CR 71) TO CSAH 42 AND AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 4 t - > � 1992 Traffic VQlumes � � SCn�e r a 3000' CITY OF ROSEMOUNT ' '' '.' " " " -. 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DEPT. t BCB 02/11/93) , ��,.. �=`�= CITY OF ROSEMOU NT z8�5-°TMth tt�tW�t � P.O.Box 510 Ever thin s Comin U Rosemountl! Rosemou�t,MN � Y g� g P 55068-0510 �;� ,s Phone:612-423-4411 "�`�""�``y Fax:612-423-SZ03 July 28. 1994 M�. David Everds, P.E. County Engineer Dakota Cou�ty Highway Department 14955 Galaxie Avenue, 3rd Floor Appie Vailey; MN 55124-8579 Re: Turnback of Dakota County Road #38 from Blaine Avenue tCR 71) to CSAH 42 City of Rosemount Dear Mr. Everds This is in response to our phone conversations with yourself and Leslie Anderson of your Staff regarding the turnback of County Road 38; as described above. Per our discussion, the Rosemount City Council will consider the turnback on August 19, 1994. We understand that on' August 2, 1994 the County Board will authorize County Staff to propose the turnback with an Agreement for Rosemount. We also understand that you have proposed a bid letting of August 24, 1994 for the b'ituminaus overlay of this roadway. I completed a visual inspection of the roadway last week. The roadway seems to be in fair condition and the following is a list of'items which need to be addressed prio� to the City receiving the turnback: 1 . The safety railings on the boxed culvert at the b4x culvert at the east end of the roadway needs replacing on both sides. The north side railing is totally missing. Does this culvert require a guard rail? Is the County willing to install a guard rail at this location? 2. There appears to be numerous removed or demolished houses along the roadway. The demolition of the driveways seems incomplete in places and the drainage for the ditches is very poor. If there is not a valid'access permit to allow access to these sites, these ditches should be graded so that drainage is not impeded, or the driveways should be replaced. � �R��,��. :unpuexii 3U'e r �usrta�wmerm.xwiale . . r Letter-County Road 38 Turnback 3. On both approaches to the raiiroad crossing the roadway structure seems to be in poor condition. This area should be sub-cut and reconstructed prior to the overlay of the roadway. 4. What is the status of this raitroad crossing? What are the liabiiity issues that the County and City have to address in regards to this railroad crossing? In addition, prior to City receiving the' turnback of this roadway, we respectfully request copies of all records of maintenance, including seal-coating, crack-sealing, patching, overlaying or shouldering of this roadway in the past 5 - 10 years. Also, we would request copies of all driveway access permits and utility permits for installation of utilities in your roadway. Thank you for your cooperation on this issue. Please call me at 322-2025 for further information. Sincerely, Bud Osmundson, P.E. City Engineer/Public Works Director cc: Tom Burt, City Administrator � Leslie Anderson, Dakota County Highway Department 2 � oAKo T� CO UN T Y °ACO N EEEG DS,R E. (612)991-7100 HIGHWAY'DEPARTMENT Fax(612)891-7127 14955 GALAXIE AVENUE,3RD FLOOR APPLE VALLEY,MINNESOTA 55124-8579 ."� -"�'�L ±� �� — August 8, 1994 Mr. Bud Osmundson City Engineer City of Rosemount 2875 145th Street West Rosemount, MN 55068 Re: Agreement for Revocation of County Road 38 Dear Mr. Osmundson: Enclosed are three copies of the agreement stated above. Please have them reviewed and executed by the proper city officials. Retain one copy for your files and return two to our office. If you have any questions, please call me-. Thank you. SincerelY. � :i� ' �; Lezlie B. Anderson Transportation Engineer LBA/mj1 Encls. N:Bud Printed on Recycled Paper AN EQUAI OPPORTUNITY EMPLOYER . AGREEMENT FOR REFOCATION OF COIINTY 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" . WITNESSETH THE FOLLOWING: WHEREAS, Minn. Stat. 163 . 11. Subd. 5, authorizes a county board to revoke caunty road status by resolution of the county board of commissioners; and WHEREAS, the County Board intends to pass a resolution revoking County Road status on that portion of County Road 38 described below; and WHEREAS, as a result of said xevocation of County Road 38, said roadway as described below will revert to the City; and WFiEREAS, the County and City desire to define the responsibilities and obligations which will result from this road revocation; NOW, THEREFORE, THE PARTZES AGREE AS FOLLOWS: 1. Description of Roadwav That portion of County Road 38 described as follows: County Road 38 between County State Aid Highway 42 and County State Aid Highway 71 as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAPS NOS. 10, 78, �9, 80, 81 and 82 as recorded in Documents 178932, 758747, 871733 , 871734, 871735, 871736, and 871737 on file _ in the Dakota County Recorders Office. 2. Effective Date Revocation of County Road 38, described in paragraph 1 shall be effective upon resolution of the County `' Board except as otherwise provided by law. 3 . • Condition of Road The City agrees that when the County has completed the repairs and improvements to County Road 38 , as set forth below, the roadway will meet county standards for a comparable road in the County and will be acceptable for turnback to the City. Improvements will consist of the' following: a. that Dakota County will overlay County Road 38 with a 1 1/2" bituminous surface and place gravel shoulder material as needed. 4. Future Repairs and Maintenance Upon the effective date of �revocation the City will be responsible , for . all maintenance, repair, reconstruction, traffic control devices, and such other matters concerning County Road 38, which are implied by ownership. IN WITNESS WFiEREOF, ` the parties hereto have caused this Agreement to be executed by their duly authoriz,ed officials. ^ COIINTY OF DAROTA RECOMMENDED FOR APPROVALa c�� / � �/��, .L� C,z,-c�h�� gY / '�'d� County Engineer Cha'rman of the Board APPROVED AS TO FORM AND EXECUTIONt (SEAL) - . ; By � � Count orney Co nty Auditor Dakota County Board RESOLUTION No. -`'L_�`� Date �"a' \� Date � 9 CITY OF ROSEMOIINT RECOMMENDED FOR APPROVAL: By City Engineer Mayor APPROVED AS TO FORM AND EXECUTION: (SEAL) By City Attorney City Clerk Date This instrument was drafted by: the Dakota County Highway Dept. 14955 Galaxie Ave. � APPle Valley, MN 55124 . . BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA DATE Au�ust 2 . 1994 RESOLUTION NO. 94-591 Motion by Commissioner Turner Seconded by Commissioner Jensen . � � � � . . . . . �J .. WHEREAS, the Dakota County Boarc! passed Resolution No. 84-447, adopting a tumback p�ogram of County Roads; and i WHEREAS, a tumback agreement with Rosemount is necessary for transfer of roadway titie and maintenance of � existing CR 38 between CSAH 42 and CSAH 71; and WHEREAS, the County has met the requirements of Minnesota Statutes Section 163.11, Subdivision 5; and WHEREAS, the City has requested that the County place a 1 1/2" bituminous ove�fay on CR 38 to bring it to standards of comparabie County Roads. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners authorizes entering into an agreernent with the City of Rosemount for the tumback of existing CR 38 between CSAH 42 and CSAH 71'with said tumback to occur upon compietion of a 1 1/2" bituminous overfay; and BE IT FURTHER RESOLVED, That the appropriate County Officials are hereby authorized to execute a Quit Ctaim Deed, releasing the right of way by the County for the above described segment of road. YES NO Harris X Harris Maher X Maher eatagiia l�B.SENZ' eataglia Richa�ds X Richards Turner X 7urner Jeosen X Jensen Loeding �IB.SENT loeding State of Minnesota County of Dakota I,Joan L. Kendatl. Clerk to the Board of the Count}•of nakota. State of 5linnesota,do hereb�certify that I have compared the foregoing copy of a resoluuon with the original minutes of the proceedings of the Board of Countp Commissionen. Dakota County, Minnesota, at their session held on the 2nd day of AU�USt 1g94, now on file in the County Adminisuation Department, and have found the same to be a true and correct copy thereof. Witnesa my hand and o�cial seal of Dakota Count} this �"�`� day of � ��..1L7� OG Clerk to the Boud