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File #: 20-3    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/17/2019 In control: City Council
On agenda: 1/7/2020 Final action: 1/7/2020
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY WITH DAVID DANFORD AND CYNTHIA DANFORD (PARCEL 22-WD) FOR THE STATE ROUTE 91 NORTH TURN LANE IMPROVEMENTS PROJECT (93822) FOR RIGHT-OF-WAY PURPOSES; AND DECLARING AN EMERGENCY. Brief Description: Due to the widening of the roadway and other improvements, temporary and permanent right-of-way acquisitions are required for the project. As this parcel is part of an estate, it was originally scheduled for appropriation proceedings. However, the estate has recently been settled, and the beneficiaries have signed the purchase agreement in lieu of it going to appropriation proceedings.
Sponsors: Craig Shubert
Indexes: Engineering
Attachments: 1. Exhibit A, 2. Resolution No. 20-3
Related files: 12-135, 14-113, 15-13, 17-7, 18-58, 18-57, 18-85, 20-12

Title

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY WITH DAVID DANFORD AND CYNTHIA DANFORD (PARCEL 22-WD) FOR THE STATE ROUTE 91 NORTH TURN LANE IMPROVEMENTS PROJECT (93822) FOR RIGHT-OF-WAY PURPOSES; AND DECLARING AN EMERGENCY.

Brief Description:  Due to the widening of the roadway and other improvements, temporary and permanent right-of-way acquisitions are required for the project.  As this parcel is part of an estate, it was originally scheduled for appropriation proceedings.  However, the estate has recently been settled, and the beneficiaries have signed the purchase agreement in lieu of it going to appropriation proceedings.

Body

Legislative History

11-111 - Apply for STP Funds; 11/11/2011
12-135 - Enter into an LPA agreement with ODOT; 10/3/2012
14-113 - Enter into an amended LPA agreement with ODOT; 9/3/2014
15-13 - Enter into a contract with ms consultants for phase 1 design services; 2/3/2015
17-7 - Enter into a contract with ms consultants for final design; 1/17/2017
18-57 - Enter into a contract with Bowman Appraisals; 5/1/2018
18-58 - Enter into a contract with OR Colan for ROW acquisitions services; 5/1/2018
18-85 - Amending contract with ms consultants for add’l consulting services; 7/24/2018

Purpose & Explanation

This project consists of improvements to the roadway shoulder, storm sewer, lighting improvements, a new 8-foot pedestrian sidewalk on the east side of the road, two 12-foot through lanes, new 11-foot turn lanes at Valley View Road, Herrick Park Drive and Hines Hill Road intersections, 5-foot bike lanes on both sides of the road and a drainage/water quality swale on the west side of the road and resurfacing of the entire project corridor from Brandywine Drive to Middleton Road (1.24 miles). 

Due to the widening of the roadway and other improvements, temporary and permanent right-of-way acquisitions are required.  This is one of approximately 47 temporary and permanent right-of-way acquisitions required for this project.

Since this project is being partially funded with federal funds the right of acquisition must follow the federal/ODOT requirements for appraisals and acquisitions.  The process includes a title search, property appraisal, and a peer review appraisal.  All negotiations follow the federal/ODOT guidelines.

Below are the specifics for the acquisition:

Name(s):  David Danford and Cynthia Danford
Address (Parcel No.):  7062 Darrow Road (PN 3000588)
Reason for Take:  Permanent Warranty Deed on west side of road
Cost of Temporary: $0.00
Cost of Permanent: $3,163.00
Total Cost: $3,163.00

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04:

                       Competitively bid and advertised for two consecutive weeks

                       Joint or Cooperative Purchase Program

                       Professional Services

                     X                       Other: Property Acquisition

Fiscal Impact

                     X                       Currently Budgeted (430 Fund)

                       Supplemental Appropriation Required

                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                     X                       Yes - Staff would like to close out all property acquisitions, so the project can be certified to ODOT.

                                            No

 

Recommendation

Suggested Action

Staff recommends that Council approve the permanent warranty easement with David Danford and Cynthia Danford (Parcel 22 WD) related to the SR 91 North Turn Lane Project.  We further recommend that Council authorize the City Manager to sign the necessary documents to execute this transaction.

Submitted by,

Jane Howington, City Manager
Thomas J. Sheridan, PE, PS, Assistant City Manager - Professional Services
Bradley S. Kosco, PE, PS, City Engineer