HomeMy WebLinkAboutItem 06.fJune 6, 2011
JUNE 6, 2011 CITY COUNCIL AGENDA ITEM
APPROVE AGREEMENT WITH DAKOTA COUNTY FOR
REVOCATION OF A PORTION OF CSAH 70 (215 STREET)
RIGHT OF WAY (Contract No. 13700)
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. 13700.
Overview
Currently, 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. As required by the Dakota County Right of Way Map, 33 feet of right of
way was dedicated to the County as part of the Creekside Business Park development,
in addition to the right of way previously dedicated in the Brookside Estates First
Addition plat.
The County would like to revoke the County Highway status on this right of way and
transfer jurisdiction to the City. Upon acceptance of the transfer and ownership of the
road, the City will be responsible for all maintenance, repair and reconstruction
responsibilities. As part of this transfer, Dakota County will remove and replace the
deteriorated bituminous surfacing on the frontage road at no cost to the City.
Primary Issues to Consider
None. The City has been maintaining this frontage road as a City street since it's
construction in the 1970's.
Supporting Information
• Agr_-ment for Revocation of a Portion of CSAH 70 (215 Street) Right of Way
tract No. 13700)
Keit H. Nelson, City Engineer
Item No.
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
AGREEMENT FOR REVOCATION OF A PORTION OF
COUNTY STATE AID HIGHWAY 70 (215 Street) RIGHT OF WAY
Contract No. 13700
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:
1. 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, 2011.
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.
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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 , 2011.
By By
City Clerk Mayor
APPROVED AS TO FORM: (SEAL)
By Date
City Attorney
RECOMMENDED FOR APPROVAL:
DAKOTA COUNTY
By By
County Engineer Chairman of the Board
By (SEAL)
Clerk to County Board
APPROVED AS TO FORM:
Assistant County Attorney
COUNTY BOARD RESOLUTION
No 11- Date:
Date