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Home My WebLink About6.o. Bonaire Path East, City Project 2018-03 Approve Right-of-Way Services ProposalI:\City Clerk\Agenda Items\Approved Items\6.o. Bonaire Path East, City Project 2018-03 Approve Right-of-Way Services Proposal.docx EXECUTIVE SUMMARY City Council Meeting: December 4, 2018 AGENDA ITEM: Bonaire Path East, City Project 2018-03: Approve Right-of-Way Services Proposal AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE, Director of Public Works/City Engineer Stephanie Smith, PE, Assistant City Engineer AGENDA NO. 6.o. ATTACHMENTS: Proposal for Right of Way Services APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve Proposal for Right-of-Way Services for Bonaire Path East, City Project 2018-03 BACKGROUND City Project 2018-03 is proposed to convert Bonaire Path East from the existing rural gravel section to a paved section. The project will also include utility work and improvements at the existing railroad crossing on Bonaire Path E to facilitate extending the City’s Quiet Zone. On February 20, 2018 the Council approved a contract with Bolton & Menk for engineering services including the preparation of a Feasibility Report. The report found this project to be feasible, cost effective, and necessary. On October 30, 2018, City staff hosted a public informational meeting for nearby property owners to address questions and comments regarding the project and proposed assessments. On November 5, 2018, the City Council held a public improvement hearing and ordered the project and the preparation of plans and specifications, which is a necessary step under the Minnesota Statutes Chapter 429. The right-of-way (ROW) for Bonaire Path East is largely prescriptive, with a portion of the south side platted with the Greystone development. With this improvement project, additional ROW will be acquired to accommodate the wider road section and stormwater facilities. Bolton & Menk, the City’s consultant, has submitted a proposal for ROW services by sub-consultant Henning Professional Services in the amount of $38,875.00 in addition to $6,000 for Bolton & Menk for exhibits and survey for identification and documentation of needed ROW. In addition, there may be some additional legal work from Kennedy and Graven as this work progresses. COSTS & FUNDING The Feasibility Report estimated the right-of-way acquisition at $175,000. The total project cost estimate is tabulated below: 2 This project is scheduled in the 2018-2027 CIP. It is proposed to be funded by a combination of MN State Bonding funds, MN State-Aid funds, utility core funds, and special assessments of benefitting properties. A preliminary assessment roll is included in the Feasibility Report. RECOMMENDATION Staff recommends the City Council approve the proposal for right-of-way services for Bonaire Path East, City Project 2018-03. 1 Smith, Stephanie From:Matt Blazer <Matt.Blazer@bolton-menk.com> Sent:Tuesday, November 27, 2018 2:23 PM To:Erickson, Brian; Smith, Stephanie Cc:Brian Hilgardner; Eric Wilfahrt Subject:FW: Proposal from Sonya FW: Bonaire Path Easement Acquisition Attachments:condemn.time.pdf; Rosemount - Bonaire - ROW Scope & Fee from Henning 11.27.2018.pdf Hi Brian & Stephanie, Please see attached for Sonya’s proposal for providing ROW Acquisition Services. I also requested her to put together a rough schedule that shows the time to take possession if things go smoothly or if we need to go to condemnation. In addition to her fee Bolton & Menk would be requesting $6,000 to draft easement exhibits and descriptions and to stake the easements for viewing as part of the ROW Acquisition process. If you would like I can provide a detailed breakdown. Please review the proposal and get back to me ASAP. As you can see, her schedule is very tight and we need to get started on this process right away. On a similar note, I think there are still 2 similar ROW items hanging out there: 1.Did you confirm that in the 2 lane section area we will still want to have a full 80’ of ROW? At our last meeting I think you were leaning this way but I don’t think we ever confirmed 2.Have you heard back from the city attorney about the Existing ROW on Bonaire Path that we discussed a few weeks ago? Obviously both of these issues will need to be nailed down before we get too far into the ROW Acquisition process. As Always please don’t hesitate to call me with any questions. Thanks, Matt Blazer, P.E. Project Engineer Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337‐1649 Phone: 952‐890‐0509 ext. 3002 Mobile: 612‐756‐4823 Bolton‐Menk.com Henning Professional Services, Inc. P.O. Box 25376 Woodbury, MN 55125 Tel: 651-955-5594 1 November 27, 2018 City of Rosemount c/o Mr. Matt Blazer, PE Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 Re: Right of Way Services Scope and Fee – Rosemount – Bonaire Path Improvements Dear Mr. Blazer, I am pleased to offer right of way acquisition services to assist the City with securing the land rights for the Bonaire Path Improvement Project. It is my understanding this project includes acquisition from five (5) different property owners and that this is a fast track project with construction anticipated in 2019. I have assembled a strong acquisition team who understands the aggressive schedule and what it takes to deliver on time and on budget. Our team is proposing to provide the following scope of services in compliance with the MnDOT State Aid and Right of Way Manuals: Right of Way Agent Services: a) Maintain and provide acquisition spread sheets for information on acquisition b) Attend open houses and PMT meetings c) Early Notification letter to owner with formal project information and property rights d) Contact the landowner and schedule Field Title Investigation meeting e) Conduct Field Title Investigation and complete Report, coordinating with Appraiser to view property f) Work closely with the City and designer related to landowner questions and project details g) Prepare offer letter and packet for each parcel h) Present offer of compensation i) Negotiate purchase of the easements j) Draft Administrative Settlements as appropriate k) Obtain signed easements and provide executed documents to City l) Draft and submit Pay Request for payment to owner m) Process appraisal reimbursements for landowners, as needed n) This task will also provide coordination with the City Attorney (CA) who will provide the conveyance documents and other required legal documents and lender consents. If the CA were to provide a sample document, Henning Professional Services, Inc. (HPS) could populate the documents and the CA would review and approve the final version. City of Rosemount 2 o) Provide parcel files to the City summarizing the acquisition at the end of the project Appraisal Services: Jason Messner, Patchin Messner Dodd and Brumm, will provide appraisal reports. See attached proposal and assumptions. Appraisal Review Services: Ms. Kelly Lindstrom will provide reviews of Patchin Messner Dodd and Brumm’s appraisals. Appraisal reviews are not required for non-federally funded projects; however I do recommend review, especially for such a fast track project, and in the event the City receives any last minute federal funding. Assumptions: a) The City or their design consultant will provide parcel sketches, staking and survey services needed. b) The City or their design consultant will provide title reports. c) Henning Professional Services, Inc. (HPS) is not a law firm and does not provide legal services. d) The City will provide legal documents such as easements, consents, disclaimers, access agreements, etc., as required, or samples for HPS to populate and then submit to CA for review and approval. e) The City will also review title work and ensure that all interested parties are defined and listed in a title opinion prior to the agent meeting with the landowner. f) The City will provide review of any permits required (fence, sign, etc.) and request and issue permits, as required. g) The City will record all documents that they would like recorded. h) The City will provide all tax forms such as 1099’s. i) No relocation is included in this estimate. j) The City attorney will provide all eminent domain tasks, if needed. HPS assistance would be limited to providing all information and files in HPS’s possession and to strategize with CA, if requested. k) HPS will provide a Letter of Compliance to MnDOT, if required, for State Aid use. l) This also assumes that the board of the homeowner’s association can sign any conveyance documents. Additional cost will be added if more than one entity needs to sign off, meaning individual unit owners in additional to the homeowner’s association itself. Schedule: Authorization to Proceed: ASAP Final Parcel Sketches & Title Work Received: December 5, 2018 Early Notification Letters mailed: ASAP Council Resolution to Make Offers/Negotiate/Condemn In December, 2018 City of Rosemount 3 Owner Meetings Scheduled: December 6, 2018 or as soon as possible after early notification letters are mailed and received. BMI stakes easements: December 10 or earlier, 2018 Meet with Owners on site: no later than Dec. 17, 2018 (based on owner availability) Draft Appraisal reports: January 15, 2018 Final Appraisals and Reviews: January 24, 2018 (8 week duration from final sketch and staking) Offers made to owners no later than: January 31, 2018 (may be mailed) File Petition, Notices, Start Condemnation March 1, 2018 (confirm with city attorney) Title and Possession (90 day) by June 5, 2018 (confirm with city attorney) This schedule is exceedingly tight and only gives owners a minimum of 30 days to accept offer and execute documents prior to receiving notice of condemnation. Also, if there is a problem getting offers into the hands of the owners, the schedule may also be delayed by that same amount of time. If the City requires lender consents on parcel with mortgages, these can take a long time to obtain and will force additional parcels into condemnation. Estimated Fee: Right of way agent services are provided on an hourly basis only for the hours required. The proposed fee is estimated for the above scope of services and is detailed in the attached spreadsheet. The estimated fee totals $38,875.00. Please contact me at 651-955-5594 with any questions. Thank you for the opportunity to propose on this project. Sincerely, Henning Professional Services, Inc. Sonya A. Henning, PE President Description:R/W Agent R/W Agent Services ($3,950 each, billed hourly as needed , not lump sum) $19,750 Project Meetings, Open House and R/W Coordination with Team $2,000 Total Estimated Labor Cost $21,750 Estimated Expenses: Appraisals (see itemized PMDB proposal attached, with assumptions)$14,000 Appraisal Reviews (an average of $500 each) $2,500 Mileage $500 Certified Mail (number of parcels x $25/each)$125 Total Expenses $17,125 Total Cost for Labor and Expenses Estimated to be $38,875 City of Rosemount - Bonaire Path Improvement Project Henning Professional Services, Inc. - November 27, 2018 Based on Five Parcels From:Sherri Brumm To:Sonya Henning; Gregg Larson Cc:Jason Messner Subject:Bonaire Path Appraisals Date:Monday, November 26, 2018 3:19:25 PM Attachments:Bonaire Path Bid.xlsx Sonya, Please see the attached bid for before and after appraisals of five properties along Bonaire Path in Rosemount, Minnesota. The total fee estimate is $14,000, and is broken down by parcel on the attached spreadsheet. Assuming we receive final parcel sketches no later than December 5, 2018, and that we are able to complete inspections on or before December 17, 2018, we can provide draft appraisal reports by January 15, 2019. This delivery date considers upcoming holidays, so we do not anticipate the holidays extending delivery beyond January 15th. Once we receive authorization to proceed, we can begin preliminary research, so response in a timely manner is both helpful and appreciated. Best Regards, Sherri Sherril L. Brumm, MAI brumm@valuationcounselors.net Certified General Real Property Appraiser Minnesota License No. 20249948 Patchin Messner Dodd & Brumm Sunset Pond Executive Offices 13961 West Preserve Boulevard Burnsville, MN 55337 Phone: (952) 895-1205 1 Property Address & PID Property Owner & Contact Type of Acq. Comments & Construction Notes Appraiser Comments Appraiser Fee Estimate Appraiser Assumptions No Address 34-02200-02-011 Flint Hill Resources Pine Bend, LLC c/o Property Tax Dept PO Box 2917 Wichta, KS 67201-2917 ROW & TE Use: Residential Zoning: AG Guided Ag per Draft 2040 Comp Plan, and Outside of Planned MUSA Boundaries $3,500 Assume valuing affected tax parcel, independent of larger Flint Hills ownership interest. Also see Assumptions listed below. 1349 Bonaire Path East 34-02200-02-012 Margaret & Ronald Anderson 1349 Bonaire Path East Rosemount, MN 55068 ROW & TE Use: Ag & Residential Zoning: AG Guided Ag per Draft 2040 Comp Plan, and Outside of Planned MUSA Boundaries $2,000 Assume adjacent rectangular acquisition on Flint Hills property does not create external obsolescence on Anderson property. Also see Assumptions listed below. No Address 34-31005-00-020 Greystone Homeowners Association c/o Paradise & Associates 971 Sibley Memorial Hwy Suite 350 St. Paul, MN 55118 ROW Use: Ag Zoning: AG Guided LDR per Draft 2040 Comp Plan, and Within 2030 MUSA Boundaries. Platted Outlot to Adjacent Development. Can this be split and developed or to be left as open space per development agreement? $3,000 See Assumptions listed below. 1450 Bonaire Path East 34-02200-75-015 Jesse Ison 1450 Bonaire Path East Rosemount, MN 55068 ROW Use: Residential Zoning: AG Guided LDR per Draft 2040 Comp Plan, and Within 2030 MUSA Boundaries. Test H & B Use: Rural Lot or Lot Split for Urban Development $2,500 See Assumptions listed below. 1102 Bonaire Path East 34-31004-01-010 Wayne & Sheila Groth 33990 Highway 56 Blvd Dennison, MN 55018 ROW & TE Use: Ag & Residential Zoning: AG Guided LDR per Draft 2040 Comp Plan, and Within 2030 MUSA Boundaries. Active rail line separates this property from the urban development to the south. Test H & B Use: Rural Lot or Future Urban Development? Where will utilities come from to serve this tract, or will it remain rural? $3,000 See Assumptions listed below. Appraiser Fee Estimate:$14,000 Assumptions: The fee estimates assume that all existing easements are depicted on the the parcel sketches. The fee estimates assume valuation of the fee simple interest, NOT subject to life estate(s). City of Rosemount - Bonaire Path Project - Appraiser Bid