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Home My WebLink About2013-06-05 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 6/5/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # . . Jennifer Levitt STAFF AUTHOR ******�******************�*�*********�********** COUNCIL ACTION REQUEST Consider approving the agreement for the transfer of County State Aid Highway (CSAH 20) to the City of Cottage Grove. STAFF RECOMMENDATION Approve the agreement. BUDGET IMPLICATION: $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION: DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: $ ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Jennifer Levitt dated 5/31/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Agreement ADMINISTRATOR'S COMMENTS APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ , �>``l.�f / f..? City Administrator Date ***************��*****:�************************* COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage / Grove � Pride andPrp5Perity Meer TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Jennifer Levitt, City Engineer/Community Development Director DATE: May 31, 2013 RE: CSAH 20 Jurisdictional Transfer Agreement Background/Discussion As part of the Washington County project to realign 70th Street (CSAH 20) at Keats Avenue (CSAH 19), which creates a contiguous route on 70th Street for motorists. Once the new alignment is in service, the old 70th Street right-of-way (ROW) does not serve any purpose to the County. The City desires to have the ROW under its jurisdiction in order to better facilitate development adjacent to the ROW. The segment of CSAH 20 that the County wishes to transfer to the City's control is more fully described as that portion of CSAH 20 lying between the easterly right of way of CSAH 19 and the westerly line of the right-of-way plat near Kirkwood Avenue South. Please see the enclosed exhibit in the agreement. As part of the jurisdictional transfer, the County will pay the city a one-time amount of $15,600 for the necessary maintenance of the roadway until September 1, 2015. This is per the County's routine maintenance annual cost of $11,143.65 per mile. The County has recently re- surfaced this roadway, so no pavement repairs will be necessary on the road segment proposed for transfer. As of September 1, 2013, the City will be responsible for all snow and ice removal on the road surFace. The realignment and jurisdictional transfer are consistent with City's Master Plan for the East Ravine and the City's Comprehensive Plan. Recommendation It is recommended that the City Council approve the agreement for the transfer of County State Aid Highway (CSAH 20) to the City of Cottage Grove. AGREEMENT FOR THE TRANSFER OF COUNTY STATE AID HIGHWAY (CSAH) 20 TO THE CITY OF COTTAGE GROVE WASHINGTON COUNTY CONTRACT N0. DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM THIS AGREEMENT is hereby made between the City of Cottage Grove ("City"), and the County of Washington ("County") and shall consist of this agreement and Exhibit A and shall be for the purpose of defining the rights and responsibilities concerning the jurisdictional transfer of County State Aid Highway (CSAH) 20 in the City of Cottage Grove. WHEREAS, the County and the City have entered in to a separate Cooperative Agreement for the construction of the CSAH 19-20-22 Improvement Project ("Project"); and WHEREAS, pursuant to MINN. STAT. § 162.02, et. seg. CSAH 20 is a County State Aid Highway under the jurisdiction of the County; and WHEREAS, the County wishes to transfer and the City wishes to accept jurisdictional control of CSAH 20, but only under certain terms and conditions; and WHEREAS, the segment of CSAH 20 that the County wishes to transfer to the City's control is more fully described as that portion of CSAH 20 lying between the easterly right of way of CSAH 19 and the westerly line of the right of way plat near Kirkwood Avenue S; and WHEREAS, Roads to be transferred shall be in good serviceable condition with no immediate maintenance needs; and WHEREAS, the City and County wish to take the necessary statutory and regulatory steps in order to accomplish these jurisdictional transfers. NOW, THEREFORE, the parties agree to the following conditions regarding the transfer of jurisdiction of the road(s): CSAH 20 (70' Street S) 1. Both parties agree that the description of the portion of CSAH 20 roadway subject to jurisdictional transfer shall be: a. All that part of County State Aid Highway No. 20 (aka 70 Street South, aka "Old Military Road"), located in the South Half of Section 2, Township 27 North, Range 21 West of the Fourth Principal Meridian, Washington County, Minnesota, lying westerly of the northwesterly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAY NO. 172 — C.S.A.H. 20, on file and of record in the office of the County Recorder, Washington County, Minnesota and lying easterly of the east line of County State Aid Highway No. 19. 2. The County shall proceed pursuant to MINN. STAT. § 162.02 subd. 10 to change the designation of the roadway from County State-AidHighway to County Highway over the portions of CSAH 20 as described. 3. The County shall proceed pursuant to MINN. STAT. § 163.11 subd. 5. to revoke jurisdiction and the City agrees to accept said jurisdiction over the portions of CSAH 20 as described. 4. As consideration for this agreement, the County shall upon completion of the Project, CSAH 20 Jurisdicfional Transfer Agreement, Washington County/Cify of Coftage Grove 1 of 2 transfer to the City the permanent right of way and adjacent city street connection as shown on the map attached as Exhibit A. The County shall provide a right-of-way map for the transferred portion of CSAH 20 and whatever title records that held by the Washington Council Public Works Department for the transferred portion of CSAH 20. 5. Upon completion of the Project, the County shall transfer to the City all construction and maintenance records of the transferred portions of CSAH 20. 6. After transfer of jurisdiction is accomplished, the City shall own and be solely responsible for the maintenance of all storm water systems and culverts located within the transferred portions of CSAH 20 road right-of-way. 7. The County will submit payment to the City a one-time payment of $15,600. Payment will be made after the completion of the CSAH 19-20-22 Improvement Project. This amount is to be considered compensation in full for any and all costs the City may incur to provide snow and ice removals services and other maintenance for CSAH 20 until September 1, 2015. The number is calculated by using the 2012 routine maintenance annual costs for County State Aid Highways (Regular) in Washington County ($11,143.65 per mile). The parties agree that Item Numbers 1— 8 of this Agreement are conditions precedent to the formation of the contract and failure of any of these conditions shall render the whole Agreement null and void. The parties further agree, in addition to the items numbered 1-8 being conditions precedent to the formation of this agreement, items numbered 1-8 will remain as conditions subsequent of the agreement, and the failure of one party to fulfill its obligations under any of these provisions shall entitle the other party to maintain any action in law or equity to enforces those provisions. 9. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and full supersedes any and all prior agreements or understandings between the parties and no change in, modification of, or addition, amendment or supplement to this Agreement shall be valid unless set forth in writing and signed and dated by each party hereto. WASHINGTON COUNTY, MINNESOTA CITY OF COTTAGE GROVE, MINNESOTA Lisa Weik, Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney Date Myron Bailey Mayor Date Ryan Schroeder City Administrator Approved as to form: Date Attorney Date Date Date R:N2202 Valley 2013W,greementslJurisdictional Transfer Agreement CSAH 2O.doc CSAH 20 Jurisdicfional TransferAgreement, Washington County/Cify of Cottage Grove 2 Of 2