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Home My WebLink AboutItem 06.iDate: 19 March 2012 Item No. APPROVE AGREEMENT WITH DAKOTA COUNTY FOR REVOCATION OF A PORTION OF CSAH 70 (215 STREET) RIGHT OF WAY (Contract No. C0022534) Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Dakota County for Revocation of a Portion of County State Aid Highway 70 (215 Street) Right of Way, Contract No. C0022534. Overview At its June 6, 2011 meeting, the City Council approved an agreement with Dakota County for Revocation of a Portion of County State Aid Highway 70 (215 Street) Right of Way (Contract No. 13700). The frontage road along the north side of CSAH 70 (215 Street) from CSAH 9 (Dodd Boulevard) to approximately 1500 feet east is designated as County Highway right of way. The agreement with Dakota County would revoke the County Highway status on this right of way and transfer jurisdiction to the City. As part of this transfer, Dakota County would remove and replace the deteriorated bituminous surfacing on the frontage road at no cost to the City. Subsequent to the City Council's approval of the revocation agreement, Dakota County submitted the frontage road improvement project for bids but, due to insufficient funds, was unable to proceed with the project in 2011. The County rejected all bids at that time and adjusted its budget for 2012. The project was recently rebid, and Dakota County will award a contract to McNamara Contracting for the frontage road improvement. The project is anticipated to be completed by November 30, 2012. Dakota County submitted for City Council approval an amended revocation agreement, wherein the dates for approval and completion of the project have been revised. Upon acceptance of the transfer and ownership of the road, the City will be responsible for all future maintenance, repair and reconstruction. Primary Issues to Consider Will this road be included in the City's pavement management plan? Yes. The City has been maintaining this frontage road as a City street since its construction in the 1970's. Supporting Information • Agreement for Revocation of a Portion of CSAH 70 (215 Street) Right of Way (Contract No. C0022534) Z o n Inte ngineer Financial Impact: None Budgeted: Source: Related Documents (CIP, ERP, etc.): Notes: Dakota County Contract # C0022534 AGREEMENT FOR REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY 70 (215 Street) RIGHT OF WAY THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as the "County" and the City of Lakeville, hereinafter referred to as the "City ". WITNESSES THE FOLLOWING: WHEREAS, Minn. Stat. Section 163.11, Subd. 5 and 9 authorizes a County Board to revoke County Highway status by resolution of the County Board of Commissioners; and WHEREAS, County State Aid Highway (CSAH) 70 (215` Street) right of way includes a frontage road along the north side from CSAH 9 (Dodd Boulevard) to 1500 feet east; and WHEREAS, the County Board intends to pass a resolution revoking County Highway status on that portion of CSAH 70 (215 Street) right of way described below; and WHEREAS, as a result of the revocation of County Highway status, the City will accept jurisdiction and ownership over said roadway as described below; and WHEREAS, the County and City desire to define the responsibilities and obligations which will result from this road revocation; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Dakota County hereby agrees to adopt a resolution of the County Board revoking County Highway status on that portion of the right of way of C.S.A.H. No. 70 (215 Street) located in the South Half of the Northwest Quarter of Section 32, Township 114 North, Range 20 West as dedicated in the plat of CREEKSIDE BUSINESS PARK, according to the recorded plat thereof and lying within Outlot A, said plat of CREEKSIDE BUSINESS PARK and as dedicated as the Township Road in the plat of BROOKSIDE ESTATES FIRST ADDITION, according to the recorded plat thereof Dakota County, Minnesota described as follows: Commencing at the southwest corner of said Northwest Quarter of Section 32, thence South 89 degrees 57 minutes 36 seconds East, assumed bearing along the south line of said Northwest Quarter of Section 32 a distance of 2372.25 feet; thence North 00 degrees 27 minutes 30 seconds East a distance of 13.89 feet to the point of beginning of the right of way to be described; thence North 89 degrees 55 minutes 45 seconds West a distance of 1351.07 feet; thence northwesterly a distance of 75.52 feet along a tangential curve concave to the northeast having a radius of 108.00 feet and a central angle of 40 degrees 03 minutes 54 seconds to the north right of way line of C.S.A.H. No. 70 (215 Street) said right of way line also being the south line of Block 1, BROOKSIDE ESTATES FIRST ADDITION, according to the recorded plat thereof; thence South 89 degrees 57 minutes 36 seconds East a distance of 1397.21 feet along said north right of way line to the west line of said Outlot A; thence continuing South 89 degrees 57 minutes 36 seconds East a distance of 23.55 feet to the east line of said Outlot A; thence South 00 degrees 27 minutes 30 seconds West along the east line of said Outlot A and it southerly extension thereof a distance of 26.11 feet to the point of beginning. 2. In consideration of the transfer of jurisdiction and ownership of this road segment, the County agrees to perform pavement removal and replacement on the subject frontage road. It is anticipated that the pavement rehabilitation work will be completed by November 30, 2012. 3. The City hereby accepts the transfer of jurisdiction and ownership of the road and all maintenance, repair and reconstruction responsibilities, as well as all traffic control devices currently in place, for the designated road segment. 4. The City accepts the road subject to the rights of all in -place utilities and right -of -way users with facilities in the right -of -way as identified in Minnesota Rule 7819.3011. 5. No person engaged in work to be performed by the City shall be considered an employee of the County. Any claims that arise under the Worker's Compensation Act of this State on behalf of any City employee, while so engaged on any of the work called for in this Agreement shall not be the obligation or responsibility of the County. 6. 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. 7. 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 CSAH 70 frontage road whether written or oral. [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] N. IHighwaylAGRMENT120121CSAH 70 ROW Turnback C0022534. doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE AGREED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAKEVILLE THIS DAY OF 1 2012. By City Clerk By Mayor APPROVED AS TO FORM: By City Attorney Date (SEAL) DAKOTA COUNTY f:7xI$ in, By Physical Development Director By Clerk to County Board APPROVED AS TO FORM: Assistant County Attorney Chairman of the Board (SEAL) COUNTY BOARD RESOLUTION No.: 12- Date: