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Home My WebLink About2007-09-05 PACKET 04.LREQUEST OF CITY COUNCi� ACTION COUNCiI. AGENDA MEETING ITEM # ��' DATE 9/5/07 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR :k * * * * * * * * :F k W •k Y: 'k * :F * 'k k * * :t R :t * * * * * k * :F k :F :Y Y: 'k * * Y: * :F * k X 'k X COUNCIL ACTION REQUEST Consider authorizing the acquisition of a permanent roadway, utility, and drainage easement and a temporary construction easement on the Amherst H. Wilder Foundation property for the watermain project along Jamaica Avenue, north of 70th Street; payment to Amherst H. Wilder Foundation not to exceed $111,714.04; and a crop Ioss payment not to exceed $1,000.00. STAFF RECOMMENDATION Authorize acquisition of permanent and temporary easements on the Amherst H. Wilder Foundation property for the watermain project along Jamaica Avenue, north of 70th Street; payment to Amherst H. Wilder Foundation for these easements; and a crop loss payment. ADVISORY COMMISSION ACTION ■ ■ ■ � ■ ■ ■ PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 8/28/07 ❑ RESO�UTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Easement Agreement Easement Diagram ADMINISTRATORS COMMENTS APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � � p �� -..aP �'� �— °-�_ m'� % e_==n,- ��..mr��.'��}'... . � ...- �rw� _.. p? �"'�r � ,�`� City Administrator Date ��,��,�� COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 28, 2007 RE: Easement Acquisition — Jamaica Avenue Watermain Project Proposal The Jamaica Avenue watermain project north of 70th Street requires permanent and temporary easements along the east side of Amherst Wilder Foundation's property. The permanent easement is described as a public right-of-way, utility, and drainage easement that is 25 feet wide. It includes a triangular area 100 feet along 70th Street and 100 feet along Jamaica Avenue. The purpose of this permanent easement is to allow the construction of the watermain so that the future reconstruction of Jamaica Avenue will not require its relocation. The permanent easement covers 36,313 square feet. The cost of acquiring this permanent easement is $108,212.74. The temporary construction easement is a 30-foot wide strip along the west side of the permanent roadway, utility, and drainage easement. This easement will be used by the City's contractor to stockpile dirt materials and maneuver construction equipment and materials for construction of the watermain. This temporary easement will expire June 1, 2008. The cost of this temporary construction easement is $3,501.30. A drawing showing the two easements is attached. Both easements encroach into a soybean field. If the farmer is abie to harvest the soybeans before construction begins for the watermain, then there is no payment to the farmer for crop loss. If the watermain construction starts earlier than harvesting the soybeans, the City will reimburse the farmer for the actual amount of crop loss within the easeme�ts. The reimbursement amount wili not exceed $1,000.00. Recommendation That the City Council authorize: . The acquisition of a permanent roadway, utility, and drainage easement and a temporary construction easement on the Amherst Wilder Foundation property for the watermain project along Jamaica Avenue, north of 70th • Payment to Amherst Wilder Foundation not to exceed $111,714.04 • A crop loss payment not to exceed $1,000.00. o�uoa$�I - .,�'fi mHa I�ee �S mi ..... .... . ..... ; . . �. . .. . .�.0 � ... ... ..... ..... ..... ' � . ...... L � I N M .. . � a` c �. ;a \3 , �° rv " �� 9 n d €� e� ' g�i" io � n..= O a w c � � � � � 33 Fry �� €� _�a.� �Ye U�,B= ati,�E��' 'st & b o r 8 °;0 = o ° - �`-� S" =- TEP ° fi3�" _ € 'O5� C �'�r -�'�' _ _ _ �. vo°u� s° a �^Svi E - `3e�ig �»�-' �os'. a m�"=-?°� ..o�h :��.�'s�° � t <� �� s ns 0 oe O a ° � 8 c 'o d L � � � S B \ � \ 1 ' l , � ' I � �, u , tl1053NNIW 3`�tl110'J �.... \ ',....�. �'... ` '',. 1.. i . I l � � � � \ � � —_ � I I i --___—� J I I ! �� , � � i � � � �� i � i �� i� / � \ � \ � ° � � � / �� \� l � � � �� 0 S V A V N � � ( /. \ �� l / \ � � � \ J �� \ / 0 � / � / s� / � ya - \i �F wo- o� €� _„_ _ 70th Street � _ _ �_ _ .__ ___ � ..... /... _. _. i .._... .._.. ...._ � .._. ._.. .__.�—.....__ �y---- � � � i � � � � �� , �>> . EASEMENTS THIS AGREEMENT ("Agreement") is made and entered into this day of . 2007, by Ainherst H. Wilder Poundarion, a non-profit corporation organi�ed under the laws of the State of Minnesota, Grantor, in favor of the City of Cottage Grove, a Minnesota municipal corporation, Grantee. Recitais A. Grantor is the fee owner o�L the following described property in Washington County, Minnesota (the "Properry"): A tract of land lying in Section 3, Township 27 North, Range 21 West, County of Washington, State of Mimlesota and morE particularly described as follows: The westerly 510.08 feet of the Southwest Quarter of the Southwest QuarCer of said Section 3. B. Urantar desires to grant to the Grantee certain easements, according to the terms and eondirions contained herein. Terms of Easements l. Grant of Easement. I'or good and valuablc eonsideration totaling $111,714.04, receipt of which is aclrnowledged by Grantor, Grantor grants and conveys to the Grantee the following easement: A permanent easement for public right-of-way uses over, under, and across the west 25.00 feet of the cast 75 feet oF the west 510.08 feet of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27 North, Range 21 West, Washington County, Minnesota, lying norTherly of the northerly line of 70th Street, together with that part oP said Southwes�t Q�uarfer of the Southwest Quarter deseribed as follows: Beginning at the intersection of the west line of the east 75.00 feet of the west 510.08 feet of said Southwest Quarter of the Southwest Quarter with the northerly line of said 70th Street; thence northerly along said west line 100.00 fcet; thence southwesterly to a point on the northerly line of said 70th Street distant 100.00 feeL westerly of the point of beginning; thence casterly along said northerly line 100.00 feet to the point of beo nning. Together with a temporary easement for construction pwposes over, under, across and across the west 30.00 feet the east 105.0 feet of the West 510.08 feet of the Southwest Quarter of the Southwest Quarter lying northerly of said '70th Street, except that part described as foilows: Beginning at the intersection of the west line of the east 75.00 feet of the west 510.08 feet of said Southwest Quarter of the Southwest Quarter with the northerly line of said �Oth Street thence northerly along said west line 100.00 feeT; thence southwesterly to a point on the northerly line of said 70th Street distant 1�0.00 feet westerly of the point of beginnin�; thence easterly along said northexly line 100.00 feet to the point of begnn;ng. Said temporary easement expires on June 1, 2008. Upon termination of the temporary easement, Grantee shall execute and deliver a quit claim deed to the Grantor of the temporaty easement. 2. Scope aFEasement 'T'he perpetual roadway, utility, and drainage easement �ranted herein includes the right of the Grantee, iYS eontractors, a�ents, and employees to enter upon said premises at all reasonable times for the purpose of constructing, reconstructing, operating, inaintaining, inspecting, altering, and repairing a public roadway, storm sewer, sanitary sewer, water faciliries, sidewalk, trail, or other public Facilities or impiovements of any type that are not inconsistent wiTh a public right-of-way use. The temporary easemEnt incl�udes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable time for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to deposit earthen materials within the easement area and to move, stc�re, and remove equipment and supplies, and to perform any other work necessary and incident to the watermain construetion project along the west side of Jamaica Avenue and lyin� north of 70th Street. The easements �ranted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 3. Tem�orarv Easement Area. The GranYor hereby covenants that upon the Grantee's use of this temporary easement and at the compietion of performing the work nECessary to compiete the project that Grantor will restore the temporary easement area to the same condition that existed prior fo the granting of this temporary easement. Indemnitv. The Grantee shall indemnify, defend, and hold barmless Gsantor from and against any and all third-party claims, actions, datnages, liaUilities and causes of aetion against Grantor arising out of any act of ne�li�ence or willful misconduct of Grantee, its employees, agents, or invitees on or about Grantee's property. Nothing herein shall be deemed a waiver by City of the limitations of ]iability set forth in MinnesoTa Statutes, Chapter 466. C. Warranty of Title. The Grantor warrants it is the owner of the Property aud has the ri�ht, title and capacity to convey to the Grantee the easement herein. 7. Environmental �Iatters. The Grantee shall not be responsible for any costs, expenses, dainages, demands, obli�ations, including penalties and reasoilable attomey's �Pees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substanees, pollutants, or contaminailts which may l�ave exisfed on, or which relate to, the easernent area or Properry prior to the date of this instrument. 8. Binding EPfect. The terms and condit�ons of this instrument shall run with the land and be binding on the Urantor, its successors and assigns. STATE DEED TAX DUE HERFON: NONE Dated this day of , 2007. AMH�RST H. WILDER FOUNDATION By Craig Binger IYs Vice President REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� S A� DATE 9/5/07 � � � PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR ��,��,�� „ ��.��.,��,��.� COUNCIL ACTION REQUEST Consider authorizing the City Administrator to notify the Federal Railroad Administration of the City's intent to extend the Inman Avenue quiet zone until 2010, during which time possible improvements to the crossing will be examined. STAFF RECOMMENDATION Authorize the City Administrator to notify the Federal Railroad Administration of the City's intent to extend the Inman Avenue quiet zone until 2010. ADVISORY COMMISSION ACTION ■ ■ ■ ■ ■ ■ ■ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Howard Blin dated 9/30/07 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS �� , � � ��,�� , «�� .��,�. �� COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER PLANNING PUBLBC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY �. APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ r�` � . � � . �, ,_ �;a-^ �-d -� ��r. �%"�' ,�.,- ,* f .'�" � .� �� ,w� : � �'� City Administrator Date REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Howard Blin, Community Development Director DATE: August 30, 2007 RE: Inman AvenuelRiver Acres Road Train Horn Quiet Zone Proposal City Council authorization is requested to send notice to the Federal Railroad Administration (FRA) indicating the City's intention to extend the existing Inman Avenue train horn quiet zone by three years. During this time, tne City will examine the improvements to the Inman Avenue crossing necessary to keep the quiet zone on a permanent basis. . . . In 2005 the FRA adopted new rules to allow communities to establish rail crossing quiet zones. Within these quiet zones, railroads are prohibited from sounding train horns. Quiet zones may be established where a crossing falls below the risk threshold established by the FRA. In late 2005 the City established a quiet zone at the Inman Avenue crossing of the Burlington Northern Santa Fe tracks. This crossing is near River Acres Road and has lights and crossing gates. The Inman crossing scored below the FRA risk threshold and no improvements were necessary to establish the quiet zone. Current Status Since 2005 the FRA has changed the formula for calculating the risk threshold and the Inman crossing now exceeds the Iimit for which quiet zones are allowed with no additional safety im- provements. The FRA process allows the City to continue the quiet zone for up to three years before improvements to the crossing are necessary. If no improvements are made within the three-year period, trains would again sound horns at the crossing. If it is decided to continue the quiet zone, it is recommended that staff and consultants be di- rected to explore the improvements necessary to allow the crossing to meet the risk threshold. These improvements could take the form of a median in Inman Avenue on either side of the crossing to deter drivers from driving around the gates. Various median designs are possible, with a range of cost from approximately $30,000 to over $100,000. It is recommended that any improvements to the crossing be initiated by a petition from resi- dents of the Inman Avenue/River Acres Road area. Throughout the earlier discussions on Honorabie Mayor, City Council, and Ryan Schroeder Inman Avenue/River Acres Road Train Horn Quiet Zone August 30, 2007 Page 2 of 2 establishing the quiet zone, it was recommended that any costs for improving the crossing be assessed against the surrounding property owners who would benefit from the quiet zone. Staff will work with area residents to develop a cost-effective set of improvements to crossing and establish an equitable means of assessing costs. Recomrnendation That the City Council authorize the City Administrator to notify the Federal Railroad Admini- stration of the City's intent to extend the Inman Avenue quiet zone until 2010, during which time possible improvements to the crossing will be examined.