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File #: 16-117    Version: 1 Name:
Type: Resolution Status: Passed
File created: 7/6/2016 In control: City Council
On agenda: 7/19/2016 Final action: 7/19/2016
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PROPERTY OWNER OF 1170 BARLOW ROAD FOR THE PURCHASE OF INTERESTS IN REAL PROPERTY NECESSARY FOR THE BARLOW ROAD RESURFACING PROJECT; AND DECLARING AN EMERGENCY. Executive Summary: This project will be bid in the fall of 2016. This property acquisition is in the southwest quadrant of the intersection of Barlow Road and Metro RTA RR tracks. The City needs a strip of permanent right of way acquisition to allow for grading work along the south side of Barlow Road. We also need a temporary construction easement to allow for grading, filling of the existing pond and drive work. These are minor acquisitions and have no adverse effect on the overall function or operation of the residual property.
Sponsors: David A. Basil
Indexes: Engineering
Attachments: 1. City Offer, 2. Counter Offer, 3. Legal Description, 4. Work Agreement, 5. Resolution No. 16-117
Related files: 16-68, 15-68, 17-77

Title

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PROPERTY OWNER OF 1170 BARLOW ROAD FOR THE PURCHASE OF INTERESTS IN REAL PROPERTY NECESSARY FOR THE BARLOW ROAD RESURFACING PROJECT; AND DECLARING AN EMERGENCY.

Executive Summary:   This project will be bid in the fall of 2016.  This property acquisition is in the southwest quadrant of the intersection of Barlow Road and Metro RTA RR tracks.  The City needs a strip of permanent right of way acquisition to allow for grading work along the south side of Barlow Road.  We also need a temporary construction easement to allow for grading, filling of the existing pond and drive work.  These are minor acquisitions and have no adverse effect on the overall function or operation of the residual property.

Body

Legislative History

Resolution No. 15-68 - Authorization to enter into a contract with GPD Group for Design Services, passed on May 19, 2015.
Resolution No. 16-68 - Authorization to Advertise, Bid and Award Barlow Road Widening, Phase I, passed on May 3, 2016.

Purpose & Explanation

The project includes approximately 750 feet of road widening and reconstruction.  The work is located at the Metro RTA RR track crossing.  The project includes improvement of the horizontal and vertical geometry as well as the addition of curbs and drainage.  The road section will be 24 feet face to face of curb. The pavement markings and signage will be upgraded.

Due to the grade changes at the RR crossing a temporary construction easement and permanent right of way take are needed.  The effected property owner is Gerda Huehner.

Attached is the City’s offer and the owner’s counter offer.  The basis of the City’s offer was an appraisal done by Spalding/Emig Company.  The alternative to this acquisition for grading was to place a retaining wall and railing at the right of way.  The estimated cost of the retaining wall and railing was approximately $120,000.  The cost of the acquisition is approximately $35,000 ($10,000-15,000 in construction costs, $15,000 for the acquisition and temporary acquisition, and $5,000 for administrative costs, appraisal and closing costs). 

Based on the estimated $85,000 savings as well as the long term elimination of maintenance costs for a retaining wall, we recommend the City accept the counter offer of $14,808 (10% or $1,346 greater than the City’s original offer).

The finished negotiation cost follows:

Name                     Reason for Take                     Cost of Temp.                     Cost of Perm.                      Total
Gerda Huehner                     Grading                     $697                     $12,111                     $14,808

Timing Considerations

The process of purchasing this take and temporary easement will begin immediately if Council approves this request for purchase.  The anticipated construction of the RR crossing improvements will be fall 2016.

Fiscal Impact

   X                       Currently Budgeted ($2,300,000 - 2016 Budget; less $1,190,227.03 for Barlow Road, Phase I; $1,109,772.97 remaining for regrade portion, Terex/Barlow Intersection signal and trail)

                       Supplemental Appropriation Required

                       Appropriation Not Required.

Recommendation

Suggested Action

Staff recommends acquisition of the property and easement required for this project totaling $14,808.00.  The acquisitions are relatively small in area and of minimal impact.  We recommend Council approve the temporary easement and permanent acquisitions for Gerda Huehner for the Barlow Road RR Crossing Project.  We further recommend that Council authorize the City Manager to execute the necessary documents to execute these transactions.  The City staff is also requesting that an emergency clause be added to the legislation in order to protect the public welfare and safety.

Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, P.E, P.S., City Engineer
Christopher Papp, P.E., Assistant City Engineer